Bill Text: IL HB5447 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Creates the First 2018 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) 2018-08-14 - Public Act . . . . . . . . . 100-0863 [HB5447 Detail]

Download: Illinois-2017-HB5447-Chaptered.html

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Public Act 100-0863
HB5447 Enrolled LRB100 16294 AMC 31417 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 2018 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 In certain cases in which a repealed Act or Section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incorporate amendments to the repealed Act or Section into the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 99-920 through 100-534 were considered in
the preparation of the combining revisories included in this
Act. Many of those combining revisories contain no striking or
underscoring because no additional changes are being made in
the material that is being combined.
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.30 as follows:
(5 ILCS 80/4.30)
Sec. 4.30. Acts repealed on January 1, 2020. The following
Acts are repealed on January 1, 2020:
The Auction License Act.
The Community Association Manager Licensing and
Disciplinary Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Orthotics, Prosthetics, and Pedorthics Practice Act.
The Perfusionist Practice Act.
The Pharmacy Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.

The Structural Engineering Practice Act of 1989.
(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
revised 10-18-17.)
Section 10. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 100-512 and
100-517)
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 carriers
under the Emergency Telephone System 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) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) (ff) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) (ff) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) (ff) Information which is exempted from
disclosure under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(Source: P.A. 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; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;

100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; revised 11-2-17.)
(Text of Section after amendment by P.A. 100-517 but before
amendment by P.A. 100-512)
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 carriers
under the Emergency Telephone System 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) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) (ff) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) (ff) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) (ff) Information which is exempted from
disclosure under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(jj) (ff) Information and reports that are required to
be submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(Source: P.A. 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; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;

100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised
11-2-17.)
(Text of Section after amendment by P.A. 100-512)
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 carriers
under the Emergency Telephone System 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) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) (ff) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) (ff) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) (ff) Information which is exempted from
disclosure under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(jj) (ff) Information and reports that are required to
be submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) (ff) Information prohibited from disclosure under
the Seizure and Forfeiture Reporting Act.
(Source: P.A. 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; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; revised 11-2-17.)
Section 15. The State Employees Group Insurance Act of 1971
is amended by changing Section 6.11 as follows:
(5 ILCS 375/6.11)
Sec. 6.11. Required health benefits; Illinois Insurance
Code requirements. The program of health benefits shall provide
the post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t of
the Illinois Insurance Code. The program of health benefits
shall provide the coverage required under Sections 356g,
356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
356z.14, 356z.15, 356z.17, 356z.22, and 356z.25, and 356z.26 of
the Illinois Insurance Code. The program of health benefits
must comply with Sections 155.22a, 155.37, 355b, 356z.19, 370c,
and 370c.1 of the Illinois Insurance Code.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
100-138, eff. 8-18-17; revised 10-3-17.)
Section 25. The Election Code is amended by changing
Sections 1-2, 1A-8, 1A-16, 2A-30, 3-5, 12-5, 21-2, and 28-7 as
follows:
(10 ILCS 5/1-2) (from Ch. 46, par. 1-2)
Sec. 1-2. The provisions of this Act, so far as they are
the same as those of any prior statute, shall be construed as a
continuation of such prior provisions, and not as a new
enactment.
If in any other statute reference is made to an Act of the
General Assembly, or a Section section of such an Act, which is
continued in this election Code, such reference shall be held
to refer to the Act or Section section thereof so continued in
this Code.
(Source: Laws 1943, vol. 2, p. 1; revised 9-22-17.)
(10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
Sec. 1A-8. The State Board of Elections shall exercise the
following powers and perform the following duties in addition
to any powers or duties otherwise provided for by law:
(1) Assume all duties and responsibilities of the State

Electoral Board and the Secretary of State as heretofore
provided in this Code Act;
(2) Disseminate information to and consult with
election authorities concerning the conduct of elections
and registration in accordance with the laws of this State
and the laws of the United States;
(3) Furnish to each election authority prior to each
primary and general election and any other election it
deems necessary, a manual of uniform instructions
consistent with the provisions of this Code Act which shall
be used by election authorities in the preparation of the
official manual of instruction to be used by the judges of
election in any such election. In preparing such manual,
the State Board shall consult with representatives of the
election authorities throughout the State. The State Board
may provide separate portions of the uniform instructions
applicable to different election jurisdictions which
administer elections under different options provided by
law. The State Board may by regulation require particular
portions of the uniform instructions to be included in any
official manual of instructions published by election
authorities. Any manual of instructions published by any
election authority shall be identical with the manual of
uniform instructions issued by the Board, but may be
adapted by the election authority to accommodate special or
unusual local election problems, provided that all manuals

published by election authorities must be consistent with
the provisions of this Code Act in all respects and must
receive the approval of the State Board of Elections prior
to publication; provided further that if the State Board
does not approve or disapprove of a proposed manual within
60 days of its submission, the manual shall be deemed
approved.
(4) Prescribe and require the use of such uniform
forms, notices, and other supplies not inconsistent with
the provisions of this Code Act as it shall deem advisable
which shall be used by election authorities in the conduct
of elections and registrations;
(5) Prepare and certify the form of ballot for any
proposed amendment to the Constitution of the State of
Illinois, or any referendum to be submitted to the electors
throughout the State or, when required to do so by law, to
the voters of any area or unit of local government of the
State;
(6) Require such statistical reports regarding the
conduct of elections and registration from election
authorities as may be deemed necessary;
(7) Review and inspect procedures and records relating
to conduct of elections and registration as may be deemed
necessary, and to report violations of election laws to the
appropriate State's Attorney or the Attorney General;
(8) Recommend to the General Assembly legislation to

improve the administration of elections and registration;
(9) Adopt, amend or rescind rules and regulations in
the performance of its duties provided that all such rules
and regulations must be consistent with the provisions of
this Article 1A or issued pursuant to authority otherwise
provided by law;
(10) Determine the validity and sufficiency of
petitions filed under Article XIV, Section 3, of the
Constitution of the State of Illinois of 1970;
(11) Maintain in its principal office a research
library that includes, but is not limited to, abstracts of
votes by precinct for general primary elections and general
elections, current precinct maps and current precinct poll
lists from all election jurisdictions within the State. The
research library shall be open to the public during regular
business hours. Such abstracts, maps and lists shall be
preserved as permanent records and shall be available for
examination and copying at a reasonable cost;
(12) Supervise the administration of the registration
and election laws throughout the State;
(13) Obtain from the Department of Central Management
Services, under Section 405-250 of the Department of
Central Management Services Law (20 ILCS 405/405-250),
such use of electronic data processing equipment as may be
required to perform the duties of the State Board of
Elections and to provide election-related information to

candidates, public and party officials, interested civic
organizations and the general public in a timely and
efficient manner;
(14) To take such action as may be necessary or
required to give effect to directions of the national
committee or State central committee of an established
political party under Sections 7-8, 7-11, and 7-14.1 or
such other provisions as may be applicable pertaining to
the selection of delegates and alternate delegates to an
established political party's national nominating
conventions or, notwithstanding any candidate
certification schedule contained within this the Election
Code, the certification of the Presidential and Vice
Presidential candidate selected by the established
political party's national nominating convention;
(15) To post all early voting sites separated by
election authority and hours of operation on its website at
least 5 business days before the period for early voting
begins; and
(16) To post on its website the statewide totals, and
totals separated by each election authority, for each of
the counts received pursuant to Section 1-9.2.
The Board may by regulation delegate any of its duties or
functions under this Article, except that final determinations
and orders under this Article shall be issued only by the
Board.

The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader, and the Clerk of the House of
Representatives, and the President, the Minority Leader, and
the Secretary of the Senate, and the Legislative Research Unit,
as required by Section 3.1 of the General Assembly Organization
Act "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. 98-1171, eff. 6-1-15; revised 9-21-17.)
(10 ILCS 5/1A-16)
Sec. 1A-16. Voter registration information; Internet
posting; processing of voter registration forms; content of
such forms. Notwithstanding any law to the contrary, the
following provisions shall apply to voter registration under
this Code.
(a) Voter registration information; Internet posting of
voter registration form. Within 90 days after August 21, 2003
(the effective date of Public Act 93-574) this amendatory Act
of the 93rd General Assembly, the State Board of Elections
shall post on its World Wide Web site the following
information:
(1) A comprehensive list of the names, addresses, phone

numbers, and websites, if applicable, of all county clerks
and boards of election commissioners in Illinois.
(2) A schedule of upcoming elections and the deadline
for voter registration.
(3) A downloadable, printable voter registration form,
in at least English and in Spanish versions, that a person
may complete and mail or submit to the State Board of
Elections or the appropriate county clerk or board of
election commissioners.
Any forms described under paragraph (3) must state the
following:
If you do not have a driver's license or social
security number, and this form is submitted by mail, and
you have never registered to vote in the jurisdiction you
are now registering in, then you must send, with this
application, either (i) a copy of a current and valid photo
identification, or (ii) a copy of a current utility bill,
bank statement, government check, paycheck, or other
government document that shows the name and address of the
voter. If you do not provide the information required
above, then you will be required to provide election
officials with either (i) or (ii) described above the first
time you vote at a voting place.
(b) Acceptance of registration forms by the State Board of
Elections and county clerks and board of election
commissioners. The State Board of Elections, county clerks, and

board of election commissioners shall accept all completed
voter registration forms described in subsection (a)(3) of this
Section and Sections 1A-17 and 1A-30 that are:
(1) postmarked on or before the day that voter
registration is closed under this the Election Code;
(2) not postmarked, but arrives no later than 5 days
after the close of registration;
(3) submitted in person by a person using the form on
or before the day that voter registration is closed under
this the Election Code; or
(4) submitted in person by a person who submits one or
more forms on behalf of one or more persons who used the
form on or before the day that voter registration is closed
under this the Election Code.
Upon the receipt of a registration form, the State Board of
Elections shall mark the date on which the form was received
and send the form via first class mail to the appropriate
county clerk or board of election commissioners, as the case
may be, within 2 business days based upon the home address of
the person submitting the registration form. The county clerk
and board of election commissioners shall accept and process
any form received from the State Board of Elections.
(c) Processing of registration forms by county clerks and
boards of election commissioners. The county clerk or board of
election commissioners shall promulgate procedures for
processing the voter registration form.

(d) Contents of the voter registration form. The State
Board shall create a voter registration form, which must
contain the following content:
(1) Instructions for completing the form.
(2) A summary of the qualifications to register to vote
in Illinois.
(3) Instructions for mailing in or submitting the form
in person.
(4) The phone number for the State Board of Elections
should a person submitting the form have questions.
(5) A box for the person to check that explains one of
3 reasons for submitting the form:
(a) new registration;
(b) change of address; or
(c) change of name.
(6) a box for the person to check yes or no that asks,
"Are you a citizen of the United States?", a box for the
person to check yes or no that asks, "Will you be 18 years
of age on or before election day?", and a statement of "If
you checked 'no' in response to either of these questions,
then do not complete this form.".
(7) A space for the person to fill in his or her home
telephone number.
(8) Spaces for the person to fill in his or her first,
middle, and last names, street address (principal place of
residence), county, city, state, and zip code.

(9) Spaces for the person to fill in his or her mailing
address, city, state, and zip code if different from his or
her principal place of residence.
(10) A space for the person to fill in his or her
Illinois driver's license number if the person has a
driver's license.
(11) A space for a person without a driver's license to
fill in the last four digits of his or her social security
number if the person has a social security number.
(12) A space for a person without an Illinois driver's
license to fill in his or her identification number from
his or her State Identification card issued by the
Secretary of State.
(13) A space for the person to fill the name appearing
on his or her last voter registration, the street address
of his or her last registration, including the city,
county, state, and zip code.
(14) A space where the person swears or affirms the
following under penalty of perjury with his or her
signature:
(a) "I am a citizen of the United States.";
(b) "I will be at least 18 years old on or before
the next election.";
(c) "I will have lived in the State of Illinois and
in my election precinct at least 30 days as of the date
of the next election."; and

(d) "The information I have provided is true to the
best of my knowledge under penalty of perjury. If I
have provided false information, then I may be fined,
imprisoned, or, if I am not a U.S. citizen, deported
from or refused entry into the United States.".
(15) A space for the person to fill in his or her
e-mail address if he or she chooses to provide that
information.
(d-5) Compliance with federal law; rulemaking authority.
The voter registration form described in this Section shall be
consistent with the form prescribed by the Federal Election
Commission under the National Voter Registration Act of 1993,
P.L. 103-31, as amended from time to time, and the Help America
Vote Act of 2002, P.L. 107-252, in all relevant respects. The
State Board of Elections shall periodically update the form
based on changes to federal or State law. The State Board of
Elections shall promulgate any rules necessary for the
implementation of this Section; provided that the rules comport
with the letter and spirit of the National Voter Registration
Act of 1993 and Help America Vote Act of 2002 and maximize the
opportunity for a person to register to vote.
(e) Forms available in paper form. The State Board of
Elections shall make the voter registration form available in
regular paper stock and form in sufficient quantities for the
general public. The State Board of Elections may provide the
voter registration form to the Secretary of State, county

clerks, boards of election commissioners, designated agencies
of the State of Illinois, and any other person or entity
designated to have these forms by this the Election Code in
regular paper stock and form or some other format deemed
suitable by the Board. Each county clerk or board of election
commissioners has the authority to design and print its own
voter registration form so long as the form complies with the
requirements of this Section. The State Board of Elections,
county clerks, boards of election commissioners, or other
designated agencies of the State of Illinois required to have
these forms under this the Election Code shall provide a member
of the public with any reasonable number of forms that he or
she may request. Nothing in this Section shall permit the State
Board of Elections, county clerk, board of election
commissioners, or other appropriate election official who may
accept a voter registration form to refuse to accept a voter
registration form because the form is printed on photocopier or
regular paper stock and form.
(f) (Blank).
(Source: P.A. 98-115, eff. 10-1-13; 98-1171, eff. 6-1-15;
revised 9-22-17.)
(10 ILCS 5/2A-30) (from Ch. 46, par. 2A-30)
Sec. 2A-30. Villages and incorporated towns with
population of less than 50,000; president; trustees; clerk
Incorporated Towns with Population of Less than 50,000 -

President - Trustees - Clerk. In villages and incorporated
towns with a population of less than 50,000, a president shall
be elected at the consolidated election in every other
odd-numbered year when the president is elected for a 4-year 4
year term, and in each odd-numbered year when the president is
elected for a 2-year 2 year term.
Except as provided in Section 2A-30a, in villages and
incorporated towns with a population of less than 50,000, 3
trustees shall be elected at the consolidated election in each
odd-numbered year when trustees are elected for 4-year 4 year
terms, and at the consolidated election in each odd-numbered
year and at the general primary election in each even-numbered
year when trustees are elected for 2-year 2 year terms. A
primary to nominate candidates for the office of trustee to be
elected at the general primary election shall be held on the
Tuesday 6 weeks preceding that election.
In villages and incorporated towns with a population of
less than 50,000, a clerk shall be elected at the consolidated
election in every other odd-numbered year when the clerk is
elected for a 4-year 4 year term, and in each odd-numbered year
when the clerk is elected for a 2-year 2 year term.
(Source: P.A. 80-1495; revised 9-22-17.)
(10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
Sec. 3-5. No person who has been legally convicted, in this
or another state or in any federal court, of any crime, and is

serving a sentence of confinement in any penal institution, or
who has been convicted under any Section of this Code Act and
is serving a sentence of confinement in any penal institution,
shall vote, offer to vote, attempt to vote or be permitted to
vote at any election until his release from confinement.
Confinement for purposes of this Section shall include any
person convicted and imprisoned but granted a furlough as
provided by Section 3-11-1 of the "Unified Code of
Corrections", or admitted to a work release program as provided
by Section 3-13-2 of the "Unified Code of Corrections".
Confinement shall not include any person convicted and
imprisoned but released on parole.
Confinement or detention in a jail pending acquittal or
conviction of a crime is not a disqualification for voting.
(Source: P.A. 94-637, eff. 1-1-06; revised 9-22-17.)
(10 ILCS 5/12-5) (from Ch. 46, par. 12-5)
Sec. 12-5. Notice for public questions.
(a) Except as otherwise provided in subsection (b), for all
elections held after July 1, 1999, notice of public questions
shall be required only as set forth in this Section or as set
forth in Section 17-3 or 19-3 of the School Code. Not more than
60 days nor less than 10 days before the date of a regular
election at which a public question is to be submitted to the
voters of a political or governmental subdivision, and at least
20 days before an emergency referendum, the election authority

shall publish notice of the referendum. The notice shall be
published once in a local, community newspaper having general
circulation in the political or governmental subdivision. The
notice shall also be given at least 10 days before the date of
the election by posting a copy of the notice at the principal
office of the election authority. The local election official
shall also post a copy of the notice at the principal office of
the political or governmental subdivision, or if there is no
principal office at the building in which the governing body of
the political or governmental subdivision held its first
meeting of the calendar year in which the referendum is being
held. The election authority and the political or governmental
subdivision may, but are not required to, post the notice
electronically on their World Wide Web pages. The notice, which
shall appear over the name or title of the election authority,
shall be substantially in the following form:
NOTICE IS HEREBY GIVEN that at the election to be held
on (insert day of the week), (insert date of election), the
following proposition will be submitted to the voters of
(name of political or governmental subdivision):
(insert the public question as it will appear on the
ballot)
The polls at the election will be open at 6:00 o'clock
A.M. and will continue to be open until 7:00 o'clock P.M.
of that day.
Dated (date of notice)

(Name or title of the election authority)
The notice shall also include any additional information
required by the statute authorizing the public question. The
notice may include an explanation, in neutral and plain
language, of the question and its purposes supplied by the
governing body of the political or governmental subdivision to
whose voters the question is to be submitted. The notice shall
set forth the precincts and polling places at which the
referendum will be conducted only in the case of emergency
referenda.
(b) Notice of any public question published in a local,
community newspaper having general circulation in the
political or governmental subdivision to which such public
question relates more than 30 days but not more than 35 days
prior to the general election held on November 8, 2016 that
otherwise complies with the requirements of this Section is
sufficient notice to satisfy the newspaper publication
requirement of this Section, such notice shall for all purposes
be deemed to have been given in accordance with this Section,
any bonds approved by the voters at such election are hereby
authorized to be issued in accordance with applicable law
without further referendum approval and taxes to be levied
pursuant to any limiting rate increases approved by the voters
at such election are hereby authorized to be levied and
extended without further referendum approval.
(Source: P.A. 99-935, eff. 2-17-17; 100-298, eff. 1-1-18;

revised 9-22-17.)
(10 ILCS 5/21-2) (from Ch. 46, par. 21-2)
Sec. 21-2. The county clerks of the several counties shall,
within 21 days next after holding the election named in
subsection (1) of Section 2A-1.2 and Section 2A-2, make 2
copies of the abstract of the votes cast for electors by each
political party or group, as indicated by the voter, as
aforesaid, by a cross in the square to the left of the bracket
aforesaid, or as indicated by a cross in the appropriate place
preceding the appellation or title of the particular political
party or group, and transmit by mail one of the copies to the
office of the State Board of Elections and retain the other in
his office, to be sent for by the electoral board in case the
other should be mislaid. Within 31 days after the holding of
such election, and sooner if all the returns are received by
the State Board of Elections, the State Board of Elections
Election, shall proceed to open and canvass said election
returns and to declare which set of candidates for President
and Vice-President received, as aforesaid, the highest number
of votes cast at such election as aforesaid; and the electors
of that party whose candidates for President and Vice-President
received the highest number of votes so cast shall be taken and
deemed to be elected as electors of President and
Vice-President, but should 2 or more sets of candidates for
President and Vice-President be returned with an equal and the

highest vote, the State Board of Elections shall cause a notice
of the same to be published, which notice shall name some day
and place, not less than 5 days from the time of such
publication of such notice, upon which the State Board of
Elections will decide by lot which of the sets of candidates
for President and Vice-President so equal and highest shall be
declared to be highest. And upon the day and at the place so
appointed in the notice, the board shall so decide by lot and
declare which is deemed highest of the sets of candidates for
President and Vice-President so equal and highest, thereby
determining only that the electors chosen as aforesaid by such
candidates' party or group are thereby elected by general
ticket to be such electors.
(Source: P.A. 93-847, eff. 7-30-04; revised 9-22-17.)
(10 ILCS 5/28-7) (from Ch. 46, par. 28-7)
Sec. 28-7. In any case in which Article VII or paragraph
(a) of Section 5 of the Transition Schedule of the Constitution
authorizes any action to be taken by or with respect to any
unit of local government, as defined in Section 1 of Article
VII of the Constitution, by or subject to approval by
referendum, any such public question shall be initiated in
accordance with this Section.
Any such public question may be initiated by the governing
body of the unit of local government by resolution or by the
filing with the clerk or secretary of the governmental unit of

a petition signed by a number of qualified electors equal to or
greater than at least 8% of the total votes cast for candidates
for Governor in the preceding gubernatorial election,
requesting the submission of the proposal for such action to
the voters of the governmental unit at a regular election.
If the action to be taken requires a referendum involving 2
or more units of local government, the proposal shall be
submitted to the voters of such governmental units by the
election authorities with jurisdiction over the territory of
the governmental units. Such multi-unit proposals may be
initiated by appropriate resolutions by the respective
governing bodies or by petitions of the voters of the several
governmental units filed with the respective clerks or
secretaries.
This Section is intended to provide a method of submission
to referendum in all cases of proposals for actions which are
authorized by Article VII of the Constitution by or subject to
approval by referendum and supersedes any conflicting
statutory provisions except those contained in Division 2-5 of
the Counties Code the "County Executive Act".
Referenda provided for in this Section may not be held more
than once in any 23-month period on the same proposition,
provided that in any municipality a referendum to elect not to
be a home rule unit may be held only once within any 47-month
period.
(Source: P.A. 97-81, eff. 7-5-11; revised 9-22-17.)

Section 30. The State Treasurer Act is amended by changing
Section 16.5 as follows:
(15 ILCS 505/16.5)
Sec. 16.5. College Savings Pool. The State Treasurer may
establish and administer a College Savings Pool to supplement
and enhance the investment opportunities otherwise available
to persons seeking to finance the costs of higher education.
The State Treasurer, in administering the College Savings Pool,
may receive moneys paid into the pool by a participant and may
serve as the fiscal agent of that participant for the purpose
of holding and investing those moneys.
"Participant", as used in this Section, means any person
who has authority to withdraw funds, change the designated
beneficiary, or otherwise exercise control over an account.
"Donor", as used in this Section, means any person who makes
investments in the pool. "Designated beneficiary", as used in
this Section, means any person on whose behalf an account is
established in the College Savings Pool by a participant. Both
in-state and out-of-state persons may be participants, donors,
and designated beneficiaries in the College Savings Pool. The
College Savings Pool must be available to any individual with a
valid social security number or taxpayer identification number
for the benefit of any individual with a valid social security
number or taxpayer identification number, unless a contract in

effect on August 1, 2011 (the effective date of Public Act
97-233) does not allow for taxpayer identification numbers, in
which case taxpayer identification numbers must be allowed upon
the expiration of the contract.
New accounts in the College Savings Pool may be processed
through participating financial institutions. "Participating
financial institution", as used in this Section, means any
financial institution insured by the Federal Deposit Insurance
Corporation and lawfully doing business in the State of
Illinois and any credit union approved by the State Treasurer
and lawfully doing business in the State of Illinois that
agrees to process new accounts in the College Savings Pool.
Participating financial institutions may charge a processing
fee to participants to open an account in the pool that shall
not exceed $30 until the year 2001. Beginning in 2001 and every
year thereafter, the maximum fee limit shall be adjusted by the
Treasurer based on the Consumer Price Index for the North
Central Region as published by the United States Department of
Labor, Bureau of Labor Statistics for the immediately preceding
calendar year. Every contribution received by a financial
institution for investment in the College Savings Pool shall be
transferred from the financial institution to a location
selected by the State Treasurer within one business day
following the day that the funds must be made available in
accordance with federal law. All communications from the State
Treasurer to participants and donors shall reference the

participating financial institution at which the account was
processed.
The Treasurer may invest the moneys in the College Savings
Pool in the same manner and in the same types of investments
provided for the investment of moneys by the Illinois State
Board of Investment. To enhance the safety and liquidity of the
College Savings Pool, to ensure the diversification of the
investment portfolio of the pool, and in an effort to keep
investment dollars in the State of Illinois, the State
Treasurer may make a percentage of each account available for
investment in participating financial institutions doing
business in the State. The State Treasurer may deposit with the
participating financial institution at which the account was
processed the following percentage of each account at a
prevailing rate offered by the institution, provided that the
deposit is federally insured or fully collateralized and the
institution accepts the deposit: 10% of the total amount of
each account for which the current age of the beneficiary is
less than 7 years of age, 20% of the total amount of each
account for which the beneficiary is at least 7 years of age
and less than 12 years of age, and 50% of the total amount of
each account for which the current age of the beneficiary is at
least 12 years of age. The Treasurer shall develop, publish,
and implement an investment policy covering the investment of
the moneys in the College Savings Pool. The policy shall be
published each year as part of the audit of the College Savings

Pool by the Auditor General, which shall be distributed to all
participants. The Treasurer shall notify all participants in
writing, and the Treasurer shall publish in a newspaper of
general circulation in both Chicago and Springfield, any
changes to the previously published investment policy at least
30 calendar days before implementing the policy. Any investment
policy adopted by the Treasurer shall be reviewed and updated
if necessary within 90 days following the date that the State
Treasurer takes office.
Participants shall be required to use moneys distributed
from the College Savings Pool for qualified expenses at
eligible educational institutions. "Qualified expenses", as
used in this Section, means the following: (i) tuition, fees,
and the costs of books, supplies, and equipment required for
enrollment or attendance at an eligible educational
institution; (ii) expenses for special needs services, in the
case of a special needs beneficiary, which are incurred in
connection with such enrollment or attendance; (iii) certain
expenses for the purchase of computer or peripheral equipment,
as defined in Section 168 of the federal Internal Revenue Code
(26 U.S.C. 168), computer software, as defined in Section 197
of the federal Internal Revenue Code (26 U.S.C. 197), or
Internet internet access and related services, if such
equipment, software, or services are to be used primarily by
the beneficiary during any of the years the beneficiary is
enrolled at an eligible educational institution, except that,

such expenses shall not include expenses for computer software
designed for sports, games, or hobbies, unless the software is
predominantly educational in nature; and (iv) certain room and
board expenses incurred while attending an eligible
educational institution at least half-time. "Eligible
educational institutions", as used in this Section, means
public and private colleges, junior colleges, graduate
schools, and certain vocational institutions that are
described in Section 481 of the Higher Education Act of 1965
(20 U.S.C. 1088) and that are eligible to participate in
Department of Education student aid programs. A student shall
be considered to be enrolled at least half-time if the student
is enrolled for at least half the full-time academic work load
for the course of study the student is pursuing as determined
under the standards of the institution at which the student is
enrolled. Distributions made from the pool for qualified
expenses shall be made directly to the eligible educational
institution, directly to a vendor, in the form of a check
payable to both the beneficiary and the institution or vendor,
or directly to the designated beneficiary in a manner that is
permissible under Section 529 of the Internal Revenue Code. Any
moneys that are distributed in any other manner or that are
used for expenses other than qualified expenses at an eligible
educational institution shall be subject to a penalty of 10% of
the earnings unless the beneficiary dies, becomes a person with
a disability, or receives a scholarship that equals or exceeds

the distribution. Penalties shall be withheld at the time the
distribution is made.
The Treasurer shall limit the contributions that may be
made on behalf of a designated beneficiary based on the
limitations established by the Internal Revenue Service. The
contributions made on behalf of a beneficiary who is also a
beneficiary under the Illinois Prepaid Tuition Program shall be
further restricted to ensure that the contributions in both
programs combined do not exceed the limit established for the
College Savings Pool. The Treasurer shall provide the Illinois
Student Assistance Commission each year at a time designated by
the Commission, an electronic report of all participant
accounts in the Treasurer's College Savings Pool, listing total
contributions and disbursements from each individual account
during the previous calendar year. As soon thereafter as is
possible following receipt of the Treasurer's report, the
Illinois Student Assistance Commission shall, in turn, provide
the Treasurer with an electronic report listing those College
Savings Pool participants who also participate in the State's
prepaid tuition program, administered by the Commission. The
Commission shall be responsible for filing any combined tax
reports regarding State qualified savings programs required by
the United States Internal Revenue Service. The Treasurer shall
work with the Illinois Student Assistance Commission to
coordinate the marketing of the College Savings Pool and the
Illinois Prepaid Tuition Program when considered beneficial by

the Treasurer and the Director of the Illinois Student
Assistance Commission. The Treasurer's office shall not
publicize or otherwise market the College Savings Pool or
accept any moneys into the College Savings Pool prior to March
1, 2000. The Treasurer shall provide a separate accounting for
each designated beneficiary to each participant, the Illinois
Student Assistance Commission, and the participating financial
institution at which the account was processed. No interest in
the program may be pledged as security for a loan. Moneys held
in an account invested in the Illinois College Savings Pool
shall be exempt from all claims of the creditors of the
participant, donor, or designated beneficiary of that account,
except for the non-exempt College Savings Pool transfers to or
from the account as defined under subsection (j) of Section
12-1001 of the Code of Civil Procedure (735 ILCS 5/12-1001(j)).
The assets of the College Savings Pool and its income and
operation shall be exempt from all taxation by the State of
Illinois and any of its subdivisions. The accrued earnings on
investments in the Pool once disbursed on behalf of a
designated beneficiary shall be similarly exempt from all
taxation by the State of Illinois and its subdivisions, so long
as they are used for qualified expenses. Contributions to a
College Savings Pool account during the taxable year may be
deducted from adjusted gross income as provided in Section 203
of the Illinois Income Tax Act. The provisions of this
paragraph are exempt from Section 250 of the Illinois Income

Tax Act.
The Treasurer shall adopt rules he or she considers
necessary for the efficient administration of the College
Savings Pool. The rules shall provide whatever additional
parameters and restrictions are necessary to ensure that the
College Savings Pool meets all of the requirements for a
qualified state tuition program under Section 529 of the
Internal Revenue Code (26 U.S.C. 529). The rules shall provide
for the administration expenses of the pool to be paid from its
earnings and for the investment earnings in excess of the
expenses and all moneys collected as penalties to be credited
or paid monthly to the several participants in the pool in a
manner which equitably reflects the differing amounts of their
respective investments in the pool and the differing periods of
time for which those amounts were in the custody of the pool.
Also, the rules shall require the maintenance of records that
enable the Treasurer's office to produce a report for each
account in the pool at least annually that documents the
account balance and investment earnings. Notice of any proposed
amendments to the rules and regulations shall be provided to
all participants prior to adoption. Amendments to rules and
regulations shall apply only to contributions made after the
adoption of the amendment.
Upon creating the College Savings Pool, the State Treasurer
shall give bond with 2 or more sufficient sureties, payable to
and for the benefit of the participants in the College Savings

Pool, in the penal sum of $1,000,000, conditioned upon the
faithful discharge of his or her duties in relation to the
College Savings Pool.
(Source: P.A. 91-607, eff. 1-1-00; 91-829, eff. 1-1-01; 91-943,
eff. 2-9-01; 92-16, eff. 6-28-01; 92-439, eff. 8-17-01; 92-626,
eff 7-11-02; 93-812, eff. 1-1-05; 95-23, eff. 8-3-07; 95-306,
eff. 1-1-08; 95-521, eff. 8-28-07; 95-876, eff. 8-21-08;
97-233, eff. 8-1-11; 97-537, eff. 8-23-11; 97-813, eff.
7-13-12; 99-143, eff. 7-27-15; 100-161, eff. 8-18-17; revised
10-2-17.)
Section 35. The Personnel Code is amended by changing
Section 17 as follows:
(20 ILCS 415/17) (from Ch. 127, par. 63b117)
Sec. 17. Status of present employees. Employees holding
positions in the State service herein shall continue under the
following conditions:
(1) Employees who have been appointed as a result of
having passed examinations in existing merit systems, and
who have satisfactorily passed their probationary period,
or who have been promoted in accordance with the rules
thereunder, shall be continued without further
examination, but shall be otherwise subject to the
provisions of this Act and the rules made pursuant to it.
(2) All other such employees shall be continued in

their respective positions if they pass a qualifying
examination prescribed by the Director prior to October 1,
1958, and satisfactorily complete their respective
probationary periods. Employees in federally aided
programs, which on July 1, 1956, were subject to Federal
merit system standards, who have not been appointed from
registers established as a result of merit system
examinations shall qualify through open competitive
examinations for their positions and certification from
the resulting registers. Those who fail to qualify as
provided herein shall be dismissed from their positions.
Nothing herein precludes the reclassification or
reallocation as provided by this Act of any position held
by any such incumbent.
(Source: P.A. 76-628; revised 9-22-17.)
Section 40. The Children and Family Services Act is amended
by changing Sections 5 and 35.7 as follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State who

are under the age of 18 years. The term also includes
persons under age 21 who:
(A) were committed to the Department pursuant to
the Juvenile Court Act or the Juvenile Court Act of
1987, as amended, prior to the age of 18 and who
continue under the jurisdiction of the court; or
(B) were accepted for care, service and training by
the Department prior to the age of 18 and whose best
interest in the discretion of the Department would be
served by continuing that care, service and training
because of severe emotional disturbances, physical
disability, social adjustment or any combination
thereof, or because of the need to complete an
educational or vocational training program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health, safety
and welfare of children, including homeless, dependent
or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,

exploitation or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable and
possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who have
been removed, by the provision of services to the child
and the families when the child can be cared for at
home without endangering the child's health and
safety;
(E) placing children in suitable adoptive homes,
in cases where restoration to the biological family is
not safe, possible or appropriate;
(F) assuring safe and adequate care of children
away from their homes, in cases where the child cannot
be returned home or cannot be placed for adoption. At
the time of placement, the Department shall consider
concurrent planning, as described in subsection (l-1)
of this Section so that permanency may occur at the
earliest opportunity. Consideration should be given so
that if reunification fails or is delayed, the
placement made is the best available placement to
provide permanency for the child;

(G) (blank);
(H) (blank); and
(I) placing and maintaining children in facilities
that provide separate living quarters for children
under the age of 18 and for children 18 years of age
and older, unless a child 18 years of age is in the
last year of high school education or vocational
training, in an approved individual or group treatment
program, in a licensed shelter facility, or secure
child care facility. The Department is not required to
place or maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting, or
(iv) who are siblings, in facilities that
provide separate living quarters for children 18
years of age and older and for children under 18
years of age.
(b) Nothing in this Section shall be construed to authorize
the expenditure of public funds for the purpose of performing
abortions.
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to

improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract or
the remaining months of the fiscal year, whichever is less, and
the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies for
child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the goals
of child safety and protection, family preservation, family

reunification, and adoption, including but not limited to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
Court Act of 1987 in accordance with the federal Adoption
Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in alcohol and drug abuse screening techniques
approved by the Department of Human Services, as a successor to
the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred to an alcohol and drug abuse treatment program for
professional evaluation.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for a
youth in care and that no licensed private facility has an

adequate and appropriate program or none agrees to accept the
youth in care, the Department shall create an appropriate
individualized, program-oriented plan for such youth in care.
The plan may be developed within the Department or through
purchase of services by the Department to the extent that it is
within its statutory authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of the
services it makes available to children or families or for
which it refers children or families.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall

establish rules and regulations concerning the assistance and
grants, to persons who adopt children with physical or mental
disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were youth
in care or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have
been terminated or because the child's adoptive parents have
died. The Department may continue to provide financial
assistance and education assistance grants for a child who was
determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the child's
adoptive parents died and ending with the finalization of the
new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25 or 5-740 of the Juvenile Court Act of 1987 for children
who were youth in care for 12 months immediately prior to the
appointment of the guardian.
The amount of assistance may vary, depending upon the needs
of the child and the adoptive parents, as set forth in the
annual assistance agreement. Special purpose grants are

allowed where the child requires special service but such costs
may not exceed the amounts which similar services would cost
the Department if it were to provide or secure them as guardian
of the child.
Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
(j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available
either outside of the Department region handling the case, or
outside of the State of Illinois.
(k) The Department shall accept for care and training any
child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act or
the Juvenile Court Act of 1987.
(l) The Department shall offer family preservation
services, as defined in Section 8.2 of the Abused and Neglected
Child Reporting Act, to help families, including adoptive and
extended families. Family preservation services shall be
offered (i) to prevent the placement of children in substitute
care when the children can be cared for at home or in the
custody of the person responsible for the children's welfare,
(ii) to reunite children with their families, or (iii) to
maintain an adoptive placement. Family preservation services
shall only be offered when doing so will not endanger the

children's health or safety. With respect to children who are
in substitute care pursuant to the Juvenile Court Act of 1987,
family preservation services shall not be offered if a goal
other than those of subdivisions (A), (B), or (B-1) of
subsection (2) of Section 2-28 of that Act has been set.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court
hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
The Department shall notify the child and his family of the
Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon as
the report is determined to be "indicated". The Department may
offer services to any child or family with respect to whom a
report of suspected child abuse or neglect has been filed,
prior to concluding its investigation under Section 7.12 of the
Abused and Neglected Child Reporting Act. However, the child's
or family's willingness to accept services shall not be
considered in the investigation. The Department may also

provide services to any child or family who is the subject of
any report of suspected child abuse or neglect or may refer
such child or family to services available from other agencies
in the community, even if the report is determined to be
unfounded, if the conditions in the child's or family's home
are reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of such
services shall be voluntary. The Department may also provide
services to any child or family after completion of a family
assessment, as an alternative to an investigation, as provided
under the "differential response program" provided for in
subsection (a-5) of Section 7.4 of the Abused and Neglected
Child Reporting Act.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. On and after January 1, 2015 (the
effective date of Public Act 98-803) this amendatory Act of the
98th General Assembly and before January 1, 2017, a minor
charged with a criminal offense under the Criminal Code of 1961
or the Criminal Code of 2012 or adjudicated delinquent shall
not be placed in the custody of or committed to the Department

by any court, except (i) a minor less than 16 years of age
committed to the Department under Section 5-710 of the Juvenile
Court Act of 1987, (ii) a minor for whom an independent basis
of abuse, neglect, or dependency exists, which must be defined
by departmental rule, or (iii) a minor for whom the court has
granted a supplemental petition to reinstate wardship pursuant
to subsection (2) of Section 2-33 of the Juvenile Court Act of
1987. On and after January 1, 2017, a minor charged with a
criminal offense under the Criminal Code of 1961 or the
Criminal Code of 2012 or adjudicated delinquent shall not be
placed in the custody of or committed to the Department by any
court, except (i) a minor less than 15 years of age committed
to the Department under Section 5-710 of the Juvenile Court Act
of 1987, ii) a minor for whom an independent basis of abuse,
neglect, or dependency exists, which must be defined by
departmental rule, or (iii) a minor for whom the court has
granted a supplemental petition to reinstate wardship pursuant
to subsection (2) of Section 2-33 of the Juvenile Court Act of
1987. An independent basis exists when the allegations or
adjudication of abuse, neglect, or dependency do not arise from
the same facts, incident, or circumstances which give rise to a
charge or adjudication of delinquency. The Department shall
assign a caseworker to attend any hearing involving a youth in
the care and custody of the Department who is placed on
aftercare release, including hearings involving sanctions for
violation of aftercare release conditions and aftercare

release revocation hearings.
As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
implement a special program of family preservation services to
support intact, foster, and adoptive families who are
experiencing extreme hardships due to the difficulty and stress
of caring for a child who has been diagnosed with a pervasive
developmental disorder if the Department determines that those
services are necessary to ensure the health and safety of the
child. The Department may offer services to any family whether
or not a report has been filed under the Abused and Neglected
Child Reporting Act. The Department may refer the child or
family to services available from other agencies in the
community if the conditions in the child's or family's home are
reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of
these services shall be voluntary. The Department shall develop
and implement a public information campaign to alert health and
social service providers and the general public about these
special family preservation services. The nature and scope of
the services offered and the number of families served under
the special program implemented under this paragraph shall be
determined by the level of funding that the Department annually
allocates for this purpose. The term "pervasive developmental
disorder" under this paragraph means a neurological condition,
including but not limited to, Asperger's Syndrome and autism,

as defined in the most recent edition of the Diagnostic and
Statistical Manual of Mental Disorders of the American
Psychiatric Association.
(l-1) The legislature recognizes that the best interests of
the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home of
the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
When determining reasonable efforts to be made with respect
to a child, as described in this subsection, and in making such
reasonable efforts, the child's health and safety shall be the
paramount concern.
When a child is placed in foster care, the Department shall
ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child occurs
unless otherwise required, pursuant to the Juvenile Court Act

of 1987. At any time after the dispositional hearing where the
Department believes that further reunification services would
be ineffective, it may request a finding from the court that
reasonable efforts are no longer appropriate. The Department is
not required to provide further reunification services after
such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed by
the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the
family to reunite;
(6) the willingness and ability of the foster family to
provide an adoptive home or long-term placement;
(7) the age of the child;

(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such temporary
custody signed by the parents of the child or by the parent
having custody of the child if the parents are not living
together or by the guardian or custodian of the child if
the child is not in the custody of either parent, or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be located.
If the child is found in his or her residence without a parent,
guardian, custodian or responsible caretaker, the Department
may, instead of removing the child and assuming temporary
custody, place an authorized representative of the Department
in that residence until such time as a parent, guardian or
custodian enters the home and expresses a willingness and
apparent ability to ensure the child's health and safety and
resume permanent charge of the child, or until a relative
enters the home and is willing and able to ensure the child's
health and safety and assume charge of the child until a
parent, guardian or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and
resume permanent charge. After a caretaker has remained in the
home for a period not to exceed 12 hours, the Department must
follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987.

The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile Court
Act of 1987. Whenever a child is taken into temporary custody
pursuant to an investigation under the Abused and Neglected
Child Reporting Act, or pursuant to a referral and acceptance
under the Juvenile Court Act of 1987 of a minor in limited
custody, the Department, during the period of temporary custody
and before the child is brought before a judicial officer as
required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
Court Act of 1987, shall have the authority, responsibilities
and duties that a legal custodian of the child would have under
subsection (9) of Section 1-3 of the Juvenile Court Act of
1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian or custodian of a child in the temporary
custody of the Department who would have custody of the child
if he were not in the temporary custody of the Department may
deliver to the Department a signed request that the Department
surrender the temporary custody of the child. The Department
may retain temporary custody of the child for 10 days after the
receipt of the request, during which period the Department may
cause to be filed a petition pursuant to the Juvenile Court Act
of 1987. If a petition is so filed, the Department shall retain

temporary custody of the child until the court orders
otherwise. If a petition is not filed within the 10-day 10 day
period, the child shall be surrendered to the custody of the
requesting parent, guardian or custodian not later than the
expiration of the 10-day 10 day period, at which time the
authority and duties of the Department with respect to the
temporary custody of the child shall terminate.
(m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the Director
or the Director's designate prior to admission to the facility
subject to Section 2-27.1 of the Juvenile Court Act of 1987.
This subsection (m-1) does not apply to a child who is subject
to placement in a correctional facility operated pursuant to
Section 3-15-2 of the Unified Code of Corrections, unless the
child is a youth in care who was placed in the care of the
Department before being subject to placement in a correctional
facility and a court of competent jurisdiction has ordered
placement of the child in a secure care facility.
(n) The Department may place children under 18 years of age
in licensed child care facilities when in the opinion of the
Department, appropriate services aimed at family preservation
have been unsuccessful and cannot ensure the child's health and
safety or are unavailable and such placement would be for their

best interest. Payment for board, clothing, care, training and
supervision of any child placed in a licensed child care
facility may be made by the Department, by the parents or
guardians of the estates of those children, or by both the
Department and the parents or guardians, except that no
payments shall be made by the Department for any child placed
in a licensed child care facility for board, clothing, care,
training and supervision of such a child that exceed the
average per capita cost of maintaining and of caring for a
child in institutions for dependent or neglected children
operated by the Department. However, such restriction on
payments does not apply in cases where children require
specialized care and treatment for problems of severe emotional
disturbance, physical disability, social adjustment, or any
combination thereof and suitable facilities for the placement
of such children are not available at payment rates within the
limitations set forth in this Section. All reimbursements for
services delivered shall be absolutely inalienable by
assignment, sale, attachment, garnishment or otherwise.
(n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not

yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services under
this Section through the Department of Children and Family
Services or by referral from the Department of Human Services.
Youth participating in services under this Section shall
cooperate with the assigned case manager in developing an
agreement identifying the services to be provided and how the
youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan. The
Department of Children and Family Services shall create clear,
readable notice of the rights of former foster youth to child
welfare services under this Section and how such services may
be obtained. The Department of Children and Family Services and
the Department of Human Services shall disseminate this
information statewide. The Department shall adopt regulations
describing services intended to assist minors in achieving
sustainable self-sufficiency as independent adults.
(o) The Department shall establish an administrative
review and appeal process for children and families who request
or receive child welfare services from the Department. Youth in

care who are placed by private child welfare agencies, and
foster families with whom those youth are placed, shall be
afforded the same procedural and appeal rights as children and
families in the case of placement by the Department, including
the right to an initial review of a private agency decision by
that agency. The Department shall ensure that any private child
welfare agency, which accepts youth in care for placement,
affords those rights to children and foster families. The
Department shall accept for administrative review and an appeal
hearing a complaint made by (i) a child or foster family
concerning a decision following an initial review by a private
child welfare agency or (ii) a prospective adoptive parent who
alleges a violation of subsection (j-5) of this Section. An
appeal of a decision concerning a change in the placement of a
child shall be conducted in an expedited manner. A court
determination that a current foster home placement is necessary
and appropriate under Section 2-28 of the Juvenile Court Act of
1987 does not constitute a judicial determination on the merits
of an administrative appeal, filed by a former foster parent,
involving a change of placement decision.
(p) (Blank).
(q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of

the Department.
The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for Veterans'
Benefits, Social Security benefits, assistance allotments from
the armed forces, court ordered payments, parental voluntary
payments, Supplemental Security Income, Railroad Retirement
payments, Black Lung benefits, or other miscellaneous
payments. Interest earned by each account shall be credited to
the account, unless disbursed in accordance with this
subsection.
In disbursing funds from children's accounts, the
Department shall:
(1) Establish standards in accordance with State and
federal laws for disbursing money from children's
accounts. In all circumstances, the Department's
"Guardianship Administrator" or his or her designee must
approve disbursements from children's accounts. The
Department shall be responsible for keeping complete
records of all disbursements for each account for any
purpose.
(2) Calculate on a monthly basis the amounts paid from
State funds for the child's board and care, medical care
not covered under Medicaid, and social services; and
utilize funds from the child's account, as covered by

regulation, to reimburse those costs. Monthly,
disbursements from all children's accounts, up to 1/12 of
$13,000,000, shall be deposited by the Department into the
General Revenue Fund and the balance over 1/12 of
$13,000,000 into the DCFS Children's Services Fund.
(3) Maintain any balance remaining after reimbursing
for the child's costs of care, as specified in item (2).
The balance shall accumulate in accordance with relevant
State and federal laws and shall be disbursed to the child
or his or her guardian, or to the issuing agency.
(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to the
Department or its agent names and addresses of all persons who
have applied for and have been approved for adoption of a
hard-to-place child or child with a disability and the names of
such children who have not been placed for adoption. A list of
such names and addresses shall be maintained by the Department
or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and of
the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing
such children for adoption. The Department may delegate to an
agent its duty to maintain and make available such lists. The
Department shall ensure that such agent maintains the
confidentiality of the person seeking to adopt the child and of
the child.

(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for such
purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court specifically
directs the Department to perform such services; and
(2) the court has ordered one or both of the parties to
the proceeding to reimburse the Department for its
reasonable costs for providing such services in accordance
with Department rules, or has determined that neither party
is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.

The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The court
may order additional periodic reports as appropriate.
(u) In addition to other information that must be provided,
whenever the Department places a child with a prospective
adoptive parent or parents or in a licensed foster home, group
home, child care institution, or in a relative home, the
Department shall provide to the prospective adoptive parent or
parents or other caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical card
information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client service
plan, including any visitation arrangement, and all
amendments or revisions to it as related to the child; and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual

abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker shall
be reviewed and approved regarding accuracy at the supervisory

level.
(u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the adjudicatory
and dispositional record system as defined in Section 2605-355
of the Department of State Police Law (20 ILCS 2605/2605-355)
if the Department determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children and
Family Services Act. The Department shall provide for
interactive computerized communication and processing
equipment that permits direct on-line communication with the
Department of State Police's central criminal history data
repository. The Department shall comply with all certification
requirements and provide certified operators who have been

trained by personnel from the Department of State Police. In
addition, one Office of the Inspector General investigator
shall have training in the use of the criminal history
information access system and have access to the terminal. The
Department of Children and Family Services and its employees
shall abide by rules and regulations established by the
Department of State Police relating to the access and
dissemination of this information.
(v-1) Prior to final approval for placement of a child, the
Department shall conduct a criminal records background check of
the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted if
the record check reveals a felony conviction for child abuse or
neglect, for spousal abuse, for a crime against children, or
for a crime involving violence, including rape, sexual assault,
or homicide, but not including other physical assault or
battery, or if there is a felony conviction for physical
assault, battery, or a drug-related offense committed within
the past 5 years.
(v-2) Prior to final approval for placement of a child, the
Department shall check its child abuse and neglect registry for
information concerning prospective foster and adoptive
parents, and any adult living in the home. If any prospective
foster or adoptive parent or other adult living in the home has
resided in another state in the preceding 5 years, the

Department shall request a check of that other state's child
abuse and neglect registry.
(w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall
mean a facility that is designed and operated to ensure that
all entrances and exits from the facility, a building or a
distinct part of the building, are under the exclusive control
of the staff of the facility, whether or not the child has the
freedom of movement within the perimeter of the facility,
building, or distinct part of the building. The plan shall
include descriptions of the types of facilities that are needed
in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
(x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of

1987. The Department shall conduct such credit checks starting
when a youth in care turns 12 years old and each year
thereafter for the duration of the guardianship as terminated
pursuant to the Juvenile Court Act of 1987. The Department
shall determine if financial exploitation of the child's
personal information has occurred. If financial exploitation
appears to have taken place or is presently ongoing, the
Department shall notify the proper law enforcement agency, the
proper State's Attorney, or the Attorney General.
(y) Beginning on July 22, 2010 (the effective date of
Public Act 96-1189) this amendatory Act of the 96th General
Assembly, a child with a disability who receives residential
and educational services from the Department shall be eligible
to receive transition services in accordance with Article 14 of
the School Code from the age of 14.5 through age 21, inclusive,
notwithstanding the child's residential services arrangement.
For purposes of this subsection, "child with a disability"
means a child with a disability as defined by the federal
Individuals with Disabilities Education Improvement Act of
2004.
(z) The Department shall access criminal history record
information as defined as "background information" in this
subsection and criminal history record information as defined
in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit his or her

fingerprints to the Department of State Police in the form and
manner prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State Police and
the Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge a fee
for conducting the criminal history record check, which shall
be deposited into the State Police Services Fund and shall not
exceed the actual cost of the record check. The Department of
State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the
Department of Children and Family Services.
For purposes of this subsection:
"Background information" means all of the following:
(i) Upon the request of the Department of Children and
Family Services, conviction information obtained from the
Department of State Police as a result of a
fingerprint-based criminal history records check of the
Illinois criminal history records database and the Federal
Bureau of Investigation criminal history records database
concerning a Department employee or Department applicant.
(ii) Information obtained by the Department of
Children and Family Services after performing a check of
the Department of State Police's Sex Offender Database, as
authorized by Section 120 of the Sex Offender Community
Notification Law, concerning a Department employee or

Department applicant.
(iii) Information obtained by the Department of
Children and Family Services after performing a check of
the Child Abuse and Neglect Tracking System (CANTS)
operated and maintained by the Department.
"Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.
"Department applicant" means an individual who has
conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service
provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into
contact with Department clients or client records.
(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
100-159, eff. 8-18-17; 100-522, eff. 9-22-17; revised
1-22-18.)
(20 ILCS 505/35.7)
Sec. 35.7. Error Reduction Implementations Plans;
Inspector General.
(a) The Inspector General of the Department of Children and
Family Services shall develop Error Reduction Implementation

Plans, as necessary, to remedy patterns of errors or
problematic practices that compromise or threaten the safety of
children as identified in the DCFS Office of the Inspector
General (OIG) death or serious injury investigations and Child
Death Review Teams recommendations. The Error Reduction
Implementation Plans shall include both training and on-site
components. The Inspector General shall submit proposed Error
Reduction Implementation Plans to the Director for review. The
Director may approve the plans submitted, or approve plans
amended by the Office of the Inspector General, taking into
consideration policies polices and procedures that govern the
function and performance of any affected frontline staff. The
Director shall document the basis for disapproval of any
submitted or amended plan. The Department shall deploy Error
Reduction Safety Teams to implement the Error Reduction
Implementation Plans. The Error Reduction Safety Teams shall be
composed of Quality Assurance and Division of Training staff to
implement hands-on training and Error Reduction Implementation
Plans. The teams shall work in the offices of the Department or
of agencies, or both, as required by the Error Reduction
Implementation Plans, and shall work to ensure that systems are
in place to continue reform efforts after the departure of the
teams. The Director shall develop a method to ensure consistent
compliance with any Error Reduction Implementation Plans, the
provisions of which shall be incorporated into the plan.
(b) Quality Assurance shall prepare public reports

annually detailing the following: the substance of any Error
Reduction Implementation Plan approved; any deviations from
the Error Reduction Plan; whether adequate staff was available
to perform functions necessary to the Error Reduction
Implementation Plan, including identification and reporting of
any staff needs; other problems noted or barriers to
implementing the Error Reduction Implementation Plan; and
recommendations for additional training, amendments to rules
and procedures, or other systemic reform identified by the
teams. Quality Assurance shall work with affected frontline
staff to implement provisions of the approved Error Reduction
Implementation Plans related to staff function and
performance.
(c) The Error Reduction Teams shall implement training and
reform protocols through incubating change in each region,
Department office, or purchase of service office, as required.
The teams shall administer hands-on assistance, supervision,
and management while ensuring that the office, region, or
agency develops the skills and systems necessary to incorporate
changes on a permanent basis. For each Error Reduction
Implementation Plan, the Team shall determine whether adequate
staff is available to fulfill the Error Reduction
Implementation Plan, provide case-by-case supervision to
ensure that the plan is implemented, and ensure that management
puts systems in place to enable the reforms to continue. Error
Reduction Teams shall work with affected frontline staff to

ensure that provisions of the approved Error Reduction
Implementation Plans relating to staff functions and
performance are achieved to effect necessary reforms.
(d) The OIG shall develop and submit new Error Reduction
Implementation Plans as necessary. To implement each Error
Reduction Implementation Plan, as approved by the Director, the
OIG shall work with Quality Assurance members of the Error
Reduction Teams designated by the Department. The teams shall
be comprised of staff from Quality Assurance and Training.
Training shall work with the OIG and with the child death
review teams to develop a curriculum to address errors
identified that compromise the safety of children. Following
the training roll-out, the Teams shall work on-site in
identified offices. The Teams shall review and supervise all
work relevant to the Error Reduction Implementation Plan.
Quality Assurance shall identify outcome measures and track
compliance with the training curriculum. Each quarter, Quality
Assurance shall prepare a report detailing compliance with the
Error Reduction Implementation Plan and alert the Director to
staffing needs or other needs to accomplish the goals of the
Error Reduction Implementation Plan. The report shall be
transmitted to the Director, the OIG, and all management staff
involved in the Error Reduction Implementation Plan.
(e) The Director shall review quarterly Quality Assurance
reports and determine adherence to the Error Reduction
Implementation Plan using criteria and standards developed by

the Department.
(Source: P.A. 95-527, eff. 6-1-08; revised 9-27-17.)
Section 45. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Section 605-1020 as follows:
(20 ILCS 605/605-1020)
Sec. 605-1020. Entrepreneur Learner's Permit pilot
program.
(a) Subject to appropriation, there is hereby established
an Entrepreneur Learner's Permit pilot program that shall be
administered by the Department beginning on July 1 of the first
fiscal year for which an appropriation of State moneys is made
for that purpose and continuing for the next 2 immediately
succeeding fiscal years; however, the Department is not
required to administer the program in any fiscal year for which
such an appropriation has not been made. The purpose of the
program shall be to encourage and assist beginning
entrepreneurs in starting new information services,
biotechnology, and green technology businesses by providing
reimbursements to those entrepreneurs for any State filing,
permitting, or licensing fees associated with the formation of
such a business in the State.
(b) Applicants for participation in the Entrepreneur
Learner's Permit pilot program shall apply to the Department,

in a form and manner prescribed by the Department, prior to the
formation of the business for which the entrepreneur seeks
reimbursement of those fees. The Department shall adopt rules
for the review and approval of applications, provided that it
(1) shall give priority to applicants who are women female or
minority persons, or both, and (2) shall not approve any
application by a person who will not be a beginning
entrepreneur. Reimbursements under this Section shall be
provided in the manner determined by the Department. In no
event shall an applicant apply for participation in the program
more than 3 times.
(c) The aggregate amount of all reimbursements provided by
the Department pursuant to this Section shall not exceed
$500,000 in any State fiscal year.
(d) On or before February 1 of the last calendar year
during which the pilot program is in effect, the Department
shall submit a report to the Governor and the General Assembly
on the cumulative effectiveness of the Entrepreneur Learner's
Permit pilot program. The review shall include, but not be
limited to, the number and type of businesses that were formed
in connection with the pilot program, the current status of
each business formed in connection with the pilot program, the
number of employees employed by each such business, the
economic impact to the State from the pilot program, the
satisfaction of participants in the pilot program, and a
recommendation as to whether the program should be continued.

(e) As used in this Section:
"Beginning entrepreneur" means an individual who, at
the time he or she applies for participation in the
program, has less than 5 years of experience as a business
owner and is not a current business owner.
"Woman" "Female" and "minority person" have the
meanings given to those terms in the Business Enterprise
for Minorities, Women Females, and Persons with
Disabilities Act.
(Source: P.A. 100-541, eff. 11-7-17; revised 12-14-17.)
Section 50. The Illinois Emergency Employment Development
Act is amended by changing Section 17 as follows:
(20 ILCS 630/17)
Sec. 17. Work incentive demonstration project. The
coordinator and members of the Advisory Committee shall explore
available resources to leverage in combination with the wage
subsidies in this Act to develop a Transitional Jobs program.
This Transitional Jobs program would prioritize services for
individuals with limited experience in the labor market and
barriers to employment, including, but not limited to,
recipients of Temporary Assistance for to Needy Families,
Supplemental Nutrition Assistance Program, or other related
public assistance, and people with criminal records.
(Source: P.A. 97-581, eff. 8-26-11; 97-813, eff. 7-13-12;

revised 10-4-17.)
Section 55. The Rural Diversification Act is amended by
changing Section 2 as follows:
(20 ILCS 690/2) (from Ch. 5, par. 2252)
Sec. 2. Findings and declaration of policy. The General
Assembly hereby finds, determines, and declares:
(a) That Illinois is a state of diversified economic
strength and that an important economic strength in
Illinois is derived from rural business production and the
agribusiness industry;
(b) That the Illinois rural economy is in a state of
transition, which presents a unique opportunity for the
State to act on its growth and development;
(c) That full and continued growth and development of
Illinois' rural economy, especially in the small towns and
farm communities, is vital for Illinois;
(d) That by encouraging the development of diversified
rural business and agricultural production, nonproduction
and processing activities in Illinois, the State creates a
beneficial climate for new and improved job opportunities
for its citizens and expands jobs and job training
opportunities;
(e) That in order to cultivate strong rural economic
growth and development in Illinois, it is necessary to

proceed with a plan which encourages Illinois rural
businesses and agribusinesses to expand business
employment opportunities through diversification of
business and industries, offers managerial, technical, and
financial assistance to or on behalf of rural businesses
and agribusiness, and works in a cooperative venture and
spirit with Illinois' business, labor, local government,
educational, and scientific communities;
(f) That dedication of State resources over a
multi-year period targeted to promoting the growth and
development of one or more classes of diversified rural
products, particularly new agricultural products, is an
effective use of State funds;
(g) That the United States Congress, having identified
similar needs and purposes has enacted legislation
creating the United States Department of
Agriculture/Farmers Home Administration Non-profit
National Finance Corporations Loan and Grant Program and
made funding available to the states consistent with the
purposes of this Act; .
(h) That the Illinois General Assembly has enacted
"Rural Revival" and a series of "Harvest the Heartland"
initiatives which create within the Illinois Finance
Authority a "Seed Capital Fund" to provide venture capital
for emerging new agribusinesses, and to help coordinate
cooperative research and development on new agriculture

technologies in conjunction with the Agricultural Research
and Development Consortium in Peoria, the United States
Department of Agriculture Northern Regional Research
Laboratory in Peoria, the institutions of higher learning
in Illinois, and the agribusiness community of this State,
identify the need for enhanced efforts by the State to
promote the use of fuels utilizing ethanol made from
Illinois grain, and promote forestry development in this
State; and
(i) That there is a need to coordinate the many
programs offered by the State of Illinois Departments of
Agriculture, Commerce and Economic Opportunity, and
Natural Resources, and the Illinois Finance Authority that
are targeted to agriculture and the rural community with
those offered by the federal government. Therefore it is
desirable that the fullest measure of coordination and
integration of the programs offered by the various state
agencies and the federal government be achieved.
(Source: P.A. 95-331, eff. 8-21-07; revised 10-4-17.)
Section 60. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of Illinois
is amended by changing Section 805-45 as follows:
(20 ILCS 805/805-45)
Sec. 805-45. Adopt-a-Trail program.

(a) The Department shall establish an "Adopt-a-Trail"
program that will allow volunteer groups to assist in
maintaining and enhancing trails on State owned land.
(b) Subject to subsection (c) of this Section, volunteer
groups in the Adopt-a-Trail program may adopt any available
trail or trail segment and may choose any one or more of the
following volunteer activities:
(1) spring cleanups;
(2) accessibility projects;
(3) special events;
(4) trail maintenance, enhancement, or realignment;
(5) public information and assistance; or
(6) training.
The Department shall designate and approve specific
activities to be performed by a volunteer group in the
Adopt-a-Trail program which shall be executed with an approved
Adopt-a-Trail agreement. Volunteer services shall not include
work historically performed by Department employees, including
services that result in a reduction of hours or compensation or
that may be performed by an employee on layoff, ; nor shall
volunteer services be inconsistent with the terms of a
collective bargaining agreement. The Department may provide
for more than one volunteer group to adopt an eligible trail or
trail segment.
(c) If the Department operates other programs in the
vicinity of the trail that allows volunteers to participate in

the Department's Adopt-A-Park Adopt-a-park program or other
resource, the Department shall coordinate these programs to
provide for efficient and effective volunteer programs in the
area.
(d) A volunteer group that wishes to participate in the
Adopt-a-Trail program shall submit an application to the
Department on a form provided by the Department. Volunteer
groups shall agree to the following:
(1) volunteer groups shall participate in the program
for at least a 2-year period;
(2) volunteer groups shall consist of at least 6 people
who are 18 years of age or older, unless the volunteer
group is a school or scout organization, in which case the
volunteers may be under 18 years of age, but supervised by
someone over the age of 18;
(3) volunteer groups shall contribute a total of at
least 200 service hours over a 2-year period;
(4) volunteer groups shall only execute Adopt-a-Trail
projects and activities after a volunteer project
agreement has been completed and approved by the
Department; and
(5) volunteer groups shall comply with all reasonable
requirements of the Department.
(Source: P.A. 100-180, eff. 8-18-17; revised 10-5-17.)
Section 65. The Department of Human Services Act is amended

by changing Section 1-17 and by setting forth, renumbering, and
changing multiple versions of Section 1-65 as follows:
(20 ILCS 1305/1-17)
Sec. 1-17. Inspector General.
(a) Nature and purpose. It is the express intent of the
General Assembly to ensure the health, safety, and financial
condition of individuals receiving services in this State due
to mental illness, developmental disability, or both by
protecting those persons from acts of abuse, neglect, or both
by service providers. To that end, the Office of the Inspector
General for the Department of Human Services is created to
investigate and report upon allegations of the abuse, neglect,
or financial exploitation of individuals receiving services
within mental health facilities, developmental disabilities
facilities, and community agencies operated, licensed, funded
or certified by the Department of Human Services, but not
licensed or certified by any other State agency.
(b) Definitions. The following definitions apply to this
Section:
"Adult student with a disability" means an adult student,
age 18 through 21, inclusive, with an Individual Education
Program, other than a resident of a facility licensed by the
Department of Children and Family Services in accordance with
the Child Care Act of 1969. For purposes of this definition,
"through age 21, inclusive", means through the day before the

student's 22nd birthday.
"Agency" or "community agency" means (i) a community agency
licensed, funded, or certified by the Department, but not
licensed or certified by any other human services agency of the
State, to provide mental health service or developmental
disabilities service, or (ii) a program licensed, funded, or
certified by the Department, but not licensed or certified by
any other human services agency of the State, to provide mental
health service or developmental disabilities service.
"Aggravating circumstance" means a factor that is
attendant to a finding and that tends to compound or increase
the culpability of the accused.
"Allegation" means an assertion, complaint, suspicion, or
incident involving any of the following conduct by an employee,
facility, or agency against an individual or individuals:
mental abuse, physical abuse, sexual abuse, neglect, or
financial exploitation.
"Day" means working day, unless otherwise specified.
"Deflection" means a situation in which an individual is
presented for admission to a facility or agency, and the
facility staff or agency staff do not admit the individual.
"Deflection" includes triage, redirection, and denial of
admission.
"Department" means the Department of Human Services.
"Developmental disability" means "developmental
disability" as defined in the Mental Health and Developmental

Disabilities Code.
"Egregious neglect" means a finding of neglect as
determined by the Inspector General that (i) represents a gross
failure to adequately provide for, or a callused indifference
to, the health, safety, or medical needs of an individual and
(ii) results in an individual's death or other serious
deterioration of an individual's physical condition or mental
condition.
"Employee" means any person who provides services at the
facility or agency on-site or off-site. The service
relationship can be with the individual or with the facility or
agency. Also, "employee" includes any employee or contractual
agent of the Department of Human Services or the community
agency involved in providing or monitoring or administering
mental health or developmental disability services. This
includes but is not limited to: owners, operators, payroll
personnel, contractors, subcontractors, and volunteers.
"Facility" or "State-operated facility" means a mental
health facility or developmental disabilities facility
operated by the Department.
"Financial exploitation" means taking unjust advantage of
an individual's assets, property, or financial resources
through deception, intimidation, or conversion for the
employee's, facility's, or agency's own advantage or benefit.
"Finding" means the Office of Inspector General's
determination regarding whether an allegation is

substantiated, unsubstantiated, or unfounded.
"Health Care Worker Registry" or "Registry" means the
Health Care Worker Registry under the Health Care Worker
Background Check Act.
"Individual" means any person receiving mental health
service, developmental disabilities service, or both from a
facility or agency, while either on-site or off-site.
"Mental abuse" means the use of demeaning, intimidating, or
threatening words, signs, gestures, or other actions by an
employee about an individual and in the presence of an
individual or individuals that results in emotional distress or
maladaptive behavior, or could have resulted in emotional
distress or maladaptive behavior, for any individual present.
"Mental illness" means "mental illness" as defined in the
Mental Health and Developmental Disabilities Code.
"Mentally ill" means having a mental illness.
"Mitigating circumstance" means a condition that (i) is
attendant to a finding, (ii) does not excuse or justify the
conduct in question, but (iii) may be considered in evaluating
the severity of the conduct, the culpability of the accused, or
both the severity of the conduct and the culpability of the
accused.
"Neglect" means an employee's, agency's, or facility's
failure to provide adequate medical care, personal care, or
maintenance and that, as a consequence, (i) causes an
individual pain, injury, or emotional distress, (ii) results in

either an individual's maladaptive behavior or the
deterioration of an individual's physical condition or mental
condition, or (iii) places the individual's health or safety at
substantial risk.
"Person with a developmental disability" means a person
having a developmental disability.
"Physical abuse" means an employee's non-accidental and
inappropriate contact with an individual that causes bodily
harm. "Physical abuse" includes actions that cause bodily harm
as a result of an employee directing an individual or person to
physically abuse another individual.
"Recommendation" means an admonition, separate from a
finding, that requires action by the facility, agency, or
Department to correct a systemic issue, problem, or deficiency
identified during an investigation.
"Required reporter" means any employee who suspects,
witnesses, or is informed of an allegation of any one or more
of the following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
"Secretary" means the Chief Administrative Officer of the
Department.
"Sexual abuse" means any sexual contact or intimate
physical contact between an employee and an individual,
including an employee's coercion or encouragement of an
individual to engage in sexual behavior that results in sexual
contact, intimate physical contact, sexual behavior, or

intimate physical behavior. Sexual abuse also includes (i) an
employee's actions that result in the sending or showing of
sexually explicit images to an individual via computer,
cellular phone, electronic mail, portable electronic device,
or other media with or without contact with the individual or
(ii) an employee's posting of sexually explicit images of an
individual online or elsewhere whether or not there is contact
with the individual.
"Sexually explicit images" includes, but is not limited to,
any material which depicts nudity, sexual conduct, or
sado-masochistic abuse, or which contains explicit and
detailed verbal descriptions or narrative accounts of sexual
excitement, sexual conduct, or sado-masochistic abuse.
"Substantiated" means there is a preponderance of the
evidence to support the allegation.
"Unfounded" means there is no credible evidence to support
the allegation.
"Unsubstantiated" means there is credible evidence, but
less than a preponderance of evidence to support the
allegation.
(c) Appointment. The Governor shall appoint, and the Senate
shall confirm, an Inspector General. The Inspector General
shall be appointed for a term of 4 years and shall function
within the Department of Human Services and report to the
Secretary and the Governor.
(d) Operation and appropriation. The Inspector General

shall function independently within the Department with
respect to the operations of the Office, including the
performance of investigations and issuance of findings and
recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for
the Department.
(e) Powers and duties. The Inspector General shall
investigate reports of suspected mental abuse, physical abuse,
sexual abuse, neglect, or financial exploitation of
individuals in any mental health or developmental disabilities
facility or agency and shall have authority to take immediate
action to prevent any one or more of the following from
happening to individuals under its jurisdiction: mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation. Upon written request of an agency of this State,
the Inspector General may assist another agency of the State in
investigating reports of the abuse, neglect, or abuse and
neglect of persons with mental illness, persons with
developmental disabilities, or persons with both. To comply
with the requirements of subsection (k) of this Section, the
Inspector General shall also review all reportable deaths for
which there is no allegation of abuse or neglect. Nothing in
this Section shall preempt any duties of the Medical Review
Board set forth in the Mental Health and Developmental
Disabilities Code. The Inspector General shall have no
authority to investigate alleged violations of the State

Officials and Employees Ethics Act. Allegations of misconduct
under the State Officials and Employees Ethics Act shall be
referred to the Office of the Governor's Executive Inspector
General for investigation.
(f) Limitations. The Inspector General shall not conduct an
investigation within an agency or facility if that
investigation would be redundant to or interfere with an
investigation conducted by another State agency. The Inspector
General shall have no supervision over, or involvement in, the
routine programmatic, licensing, funding, or certification
operations of the Department. Nothing in this subsection limits
investigations by the Department that may otherwise be required
by law or that may be necessary in the Department's capacity as
central administrative authority responsible for the operation
of the State's mental health and developmental disabilities
facilities.
(g) Rulemaking authority. The Inspector General shall
promulgate rules establishing minimum requirements for
reporting allegations as well as for initiating, conducting,
and completing investigations based upon the nature of the
allegation or allegations. The rules shall clearly establish
that if 2 or more State agencies could investigate an
allegation, the Inspector General shall not conduct an
investigation that would be redundant to, or interfere with, an
investigation conducted by another State agency. The rules
shall further clarify the method and circumstances under which

the Office of Inspector General may interact with the
licensing, funding, or certification units of the Department in
preventing further occurrences of mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, and financial
exploitation.
(h) Training programs. The Inspector General shall (i)
establish a comprehensive program to ensure that every person
authorized to conduct investigations receives ongoing training
relative to investigation techniques, communication skills,
and the appropriate means of interacting with persons receiving
treatment for mental illness, developmental disability, or
both mental illness and developmental disability, and (ii)
establish and conduct periodic training programs for facility
and agency employees concerning the prevention and reporting of
any one or more of the following: mental abuse, physical abuse,
sexual abuse, neglect, egregious neglect, or financial
exploitation. Nothing in this Section shall be deemed to
prevent the Office of Inspector General from conducting any
other training as determined by the Inspector General to be
necessary or helpful.
(i) Duty to cooperate.
(1) The Inspector General shall at all times be granted
access to any facility or agency for the purpose of
investigating any allegation, conducting unannounced site
visits, monitoring compliance with a written response, or
completing any other statutorily assigned duty. The

Inspector General shall conduct unannounced site visits to
each facility at least annually for the purpose of
reviewing and making recommendations on systemic issues
relative to preventing, reporting, investigating, and
responding to all of the following: mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, or
financial exploitation.
(2) Any employee who fails to cooperate with an Office
of the Inspector General investigation is in violation of
this Act. Failure to cooperate with an investigation
includes, but is not limited to, any one or more of the
following: (i) creating and transmitting a false report to
the Office of the Inspector General hotline, (ii) providing
false information to an Office of the Inspector General
Investigator during an investigation, (iii) colluding with
other employees to cover up evidence, (iv) colluding with
other employees to provide false information to an Office
of the Inspector General investigator, (v) destroying
evidence, (vi) withholding evidence, or (vii) otherwise
obstructing an Office of the Inspector General
investigation. Additionally, any employee who, during an
unannounced site visit or written response compliance
check, fails to cooperate with requests from the Office of
the Inspector General is in violation of this Act.
(j) Subpoena powers. The Inspector General shall have the
power to subpoena witnesses and compel the production of all

documents and physical evidence relating to his or her
investigations and any hearings authorized by this Act. This
subpoena power shall not extend to persons or documents of a
labor organization or its representatives insofar as the
persons are acting in a representative capacity to an employee
whose conduct is the subject of an investigation or the
documents relate to that representation. Any person who
otherwise fails to respond to a subpoena or who knowingly
provides false information to the Office of the Inspector
General by subpoena during an investigation is guilty of a
Class A misdemeanor.
(k) Reporting allegations and deaths.
(1) Allegations. If an employee witnesses, is told of,
or has reason to believe an incident of mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation has occurred, the employee, agency, or
facility shall report the allegation by phone to the Office
of the Inspector General hotline according to the agency's
or facility's procedures, but in no event later than 4
hours after the initial discovery of the incident,
allegation, or suspicion of any one or more of the
following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation. A required reporter as
defined in subsection (b) of this Section who knowingly or
intentionally fails to comply with these reporting
requirements is guilty of a Class A misdemeanor.

(2) Deaths. Absent an allegation, a required reporter
shall, within 24 hours after initial discovery, report by
phone to the Office of the Inspector General hotline each
of the following:
(i) Any death of an individual occurring within 14
calendar days after discharge or transfer of the
individual from a residential program or facility.
(ii) Any death of an individual occurring within 24
hours after deflection from a residential program or
facility.
(iii) Any other death of an individual occurring at
an agency or facility or at any Department-funded site.
(3) Retaliation. It is a violation of this Act for any
employee or administrator of an agency or facility to take
retaliatory action against an employee who acts in good
faith in conformance with his or her duties as a required
reporter.
(l) Reporting to law enforcement.
(1) Reporting criminal acts. Within 24 hours after
determining that there is credible evidence indicating
that a criminal act may have been committed or that special
expertise may be required in an investigation, the
Inspector General shall notify the Department of State
Police or other appropriate law enforcement authority, or
ensure that such notification is made. The Department of
State Police shall investigate any report from a

State-operated facility indicating a possible murder,
sexual assault, or other felony by an employee. All
investigations conducted by the Inspector General shall be
conducted in a manner designed to ensure the preservation
of evidence for possible use in a criminal prosecution.
(2) Reporting allegations of adult students with
disabilities. Upon receipt of a reportable allegation
regarding an adult student with a disability, the
Department's Office of the Inspector General shall
determine whether the allegation meets the criteria for the
Domestic Abuse Program under the Abuse of Adults with
Disabilities Intervention Act. If the allegation is
reportable to that program, the Office of the Inspector
General shall initiate an investigation. If the allegation
is not reportable to the Domestic Abuse Program, the Office
of the Inspector General shall make an expeditious referral
to the respective law enforcement entity. If the alleged
victim is already receiving services from the Department,
the Office of the Inspector General shall also make a
referral to the respective Department of Human Services'
Division or Bureau.
(m) Investigative reports. Upon completion of an
investigation, the Office of Inspector General shall issue an
investigative report identifying whether the allegations are
substantiated, unsubstantiated, or unfounded. Within 10
business days after the transmittal of a completed

investigative report substantiating an allegation, finding an
allegation is unsubstantiated, or if a recommendation is made,
the Inspector General shall provide the investigative report on
the case to the Secretary and to the director of the facility
or agency where any one or more of the following occurred:
mental abuse, physical abuse, sexual abuse, neglect, egregious
neglect, or financial exploitation. The director of the
facility or agency shall be responsible for maintaining the
confidentiality of the investigative report consistent with
State and federal law. In a substantiated case, the
investigative report shall include any mitigating or
aggravating circumstances that were identified during the
investigation. If the case involves substantiated neglect, the
investigative report shall also state whether egregious
neglect was found. An investigative report may also set forth
recommendations. All investigative reports prepared by the
Office of the Inspector General shall be considered
confidential and shall not be released except as provided by
the law of this State or as required under applicable federal
law. Unsubstantiated and unfounded reports shall not be
disclosed except as allowed under Section 6 of the Abused and
Neglected Long Term Care Facility Residents Reporting Act. Raw
data used to compile the investigative report shall not be
subject to release unless required by law or a court order.
"Raw data used to compile the investigative report" includes,
but is not limited to, any one or more of the following: the

initial complaint, witness statements, photographs,
investigator's notes, police reports, or incident reports. If
the allegations are substantiated, the accused shall be
provided with a redacted copy of the investigative report.
Death reports where there was no allegation of abuse or neglect
shall only be released pursuant to applicable State or federal
law or a valid court order.
(n) Written responses and reconsideration requests.
(1) Written responses. Within 30 calendar days from
receipt of a substantiated investigative report or an
investigative report which contains recommendations,
absent a reconsideration request, the facility or agency
shall file a written response that addresses, in a concise
and reasoned manner, the actions taken to: (i) protect the
individual; (ii) prevent recurrences; and (iii) eliminate
the problems identified. The response shall include the
implementation and completion dates of such actions. If the
written response is not filed within the allotted 30
calendar day period, the Secretary shall determine the
appropriate corrective action to be taken.
(2) Reconsideration requests. The facility, agency,
victim or guardian, or the subject employee may request
that the Office of Inspector General reconsider or clarify
its finding based upon additional information.
(o) Disclosure of the finding by the Inspector General. The
Inspector General shall disclose the finding of an

investigation to the following persons: (i) the Governor, (ii)
the Secretary, (iii) the director of the facility or agency,
(iv) the alleged victims and their guardians, (v) the
complainant, and (vi) the accused. This information shall
include whether the allegations were deemed substantiated,
unsubstantiated, or unfounded.
(p) Secretary review. Upon review of the Inspector
General's investigative report and any agency's or facility's
written response, the Secretary shall accept or reject the
written response and notify the Inspector General of that
determination. The Secretary may further direct that other
administrative action be taken, including, but not limited to,
any one or more of the following: (i) additional site visits,
(ii) training, (iii) provision of technical assistance
relative to administrative needs, licensure or certification,
or (iv) the imposition of appropriate sanctions.
(q) Action by facility or agency. Within 30 days of the
date the Secretary approves the written response or directs
that further administrative action be taken, the facility or
agency shall provide an implementation report to the Inspector
General that provides the status of the action taken. The
facility or agency shall be allowed an additional 30 days to
send notice of completion of the action or to send an updated
implementation report. If the action has not been completed
within the additional 30-day 30 day period, the facility or
agency shall send updated implementation reports every 60 days

until completion. The Inspector General shall conduct a review
of any implementation plan that takes more than 120 days after
approval to complete, and shall monitor compliance through a
random review of approved written responses, which may include,
but are not limited to: (i) site visits, (ii) telephone
contact, and (iii) requests for additional documentation
evidencing compliance.
(r) Sanctions. Sanctions, if imposed by the Secretary under
Subdivision (p)(iv) of this Section, shall be designed to
prevent further acts of mental abuse, physical abuse, sexual
abuse, neglect, egregious neglect, or financial exploitation
or some combination of one or more of those acts at a facility
or agency, and may include any one or more of the following:
(1) Appointment of on-site monitors.
(2) Transfer or relocation of an individual or
individuals.
(3) Closure of units.
(4) Termination of any one or more of the following:
(i) Department licensing, (ii) funding, or (iii)
certification.
The Inspector General may seek the assistance of the
Illinois Attorney General or the office of any State's Attorney
in implementing sanctions.
(s) Health Care Worker Registry.
(1) Reporting to the Registry. The Inspector General
shall report to the Department of Public Health's Health

Care Worker Registry, a public registry, the identity and
finding of each employee of a facility or agency against
whom there is a final investigative report containing a
substantiated allegation of physical or sexual abuse,
financial exploitation, or egregious neglect of an
individual.
(2) Notice to employee. Prior to reporting the name of
an employee, the employee shall be notified of the
Department's obligation to report and shall be granted an
opportunity to request an administrative hearing, the sole
purpose of which is to determine if the substantiated
finding warrants reporting to the Registry. Notice to the
employee shall contain a clear and concise statement of the
grounds on which the report to the Registry is based, offer
the employee an opportunity for a hearing, and identify the
process for requesting such a hearing. Notice is sufficient
if provided by certified mail to the employee's last known
address. If the employee fails to request a hearing within
30 days from the date of the notice, the Inspector General
shall report the name of the employee to the Registry.
Nothing in this subdivision (s)(2) shall diminish or impair
the rights of a person who is a member of a collective
bargaining unit under the Illinois Public Labor Relations
Act or under any other federal labor statute.
(3) Registry hearings. If the employee requests an
administrative hearing, the employee shall be granted an

opportunity to appear before an administrative law judge to
present reasons why the employee's name should not be
reported to the Registry. The Department shall bear the
burden of presenting evidence that establishes, by a
preponderance of the evidence, that the substantiated
finding warrants reporting to the Registry. After
considering all the evidence presented, the administrative
law judge shall make a recommendation to the Secretary as
to whether the substantiated finding warrants reporting
the name of the employee to the Registry. The Secretary
shall render the final decision. The Department and the
employee shall have the right to request that the
administrative law judge consider a stipulated disposition
of these proceedings.
(4) Testimony at Registry hearings. A person who makes
a report or who investigates a report under this Act shall
testify fully in any judicial proceeding resulting from
such a report, as to any evidence of abuse or neglect, or
the cause thereof. No evidence shall be excluded by reason
of any common law or statutory privilege relating to
communications between the alleged perpetrator of abuse or
neglect, or the individual alleged as the victim in the
report, and the person making or investigating the report.
Testimony at hearings is exempt from the confidentiality
requirements of subsection (f) of Section 10 of the Mental
Health and Developmental Disabilities Confidentiality Act.

(5) Employee's rights to collateral action. No
reporting to the Registry shall occur and no hearing shall
be set or proceed if an employee notifies the Inspector
General in writing, including any supporting
documentation, that he or she is formally contesting an
adverse employment action resulting from a substantiated
finding by complaint filed with the Illinois Civil Service
Commission, or which otherwise seeks to enforce the
employee's rights pursuant to any applicable collective
bargaining agreement. If an action taken by an employer
against an employee as a result of a finding of physical
abuse, sexual abuse, or egregious neglect is overturned
through an action filed with the Illinois Civil Service
Commission or under any applicable collective bargaining
agreement and if that employee's name has already been sent
to the Registry, the employee's name shall be removed from
the Registry.
(6) Removal from Registry. At any time after the report
to the Registry, but no more than once in any 12-month
period, an employee may petition the Department in writing
to remove his or her name from the Registry. Upon receiving
notice of such request, the Inspector General shall conduct
an investigation into the petition. Upon receipt of such
request, an administrative hearing will be set by the
Department. At the hearing, the employee shall bear the
burden of presenting evidence that establishes, by a

preponderance of the evidence, that removal of the name
from the Registry is in the public interest. The parties
may jointly request that the administrative law judge
consider a stipulated disposition of these proceedings.
(t) Review of Administrative Decisions. The Department
shall preserve a record of all proceedings at any formal
hearing conducted by the Department involving Health Care
Worker Registry hearings. Final administrative decisions of
the Department are subject to judicial review pursuant to
provisions of the Administrative Review Law.
(u) Quality Care Board. There is created, within the Office
of the Inspector General, a Quality Care Board to be composed
of 7 members appointed by the Governor with the advice and
consent of the Senate. One of the members shall be designated
as chairman by the Governor. Of the initial appointments made
by the Governor, 4 Board members shall each be appointed for a
term of 4 years and 3 members shall each be appointed for a
term of 2 years. Upon the expiration of each member's term, a
successor shall be appointed for a term of 4 years. In the case
of a vacancy in the office of any member, the Governor shall
appoint a successor for the remainder of the unexpired term.
Members appointed by the Governor shall be qualified by
professional knowledge or experience in the area of law,
investigatory techniques, or in the area of care of the
mentally ill or care of persons with developmental
disabilities. Two members appointed by the Governor shall be

persons with a disability or a parent of a person with a
disability. Members shall serve without compensation, but
shall be reimbursed for expenses incurred in connection with
the performance of their duties as members.
The Board shall meet quarterly, and may hold other meetings
on the call of the chairman. Four members shall constitute a
quorum allowing the Board to conduct its business. The Board
may adopt rules and regulations it deems necessary to govern
its own procedures.
The Board shall monitor and oversee the operations,
policies, and procedures of the Inspector General to ensure the
prompt and thorough investigation of allegations of neglect and
abuse. In fulfilling these responsibilities, the Board may do
the following:
(1) Provide independent, expert consultation to the
Inspector General on policies and protocols for
investigations of alleged abuse, neglect, or both abuse and
neglect.
(2) Review existing regulations relating to the
operation of facilities.
(3) Advise the Inspector General as to the content of
training activities authorized under this Section.
(4) Recommend policies concerning methods for
improving the intergovernmental relationships between the
Office of the Inspector General and other State or federal
offices.

(v) Annual report. The Inspector General shall provide to
the General Assembly and the Governor, no later than January 1
of each year, a summary of reports and investigations made
under this Act for the prior fiscal year with respect to
individuals receiving mental health or developmental
disabilities services. The report shall detail the imposition
of sanctions, if any, and the final disposition of any
corrective or administrative action directed by the Secretary.
The summaries shall not contain any confidential or identifying
information of any individual, but shall include objective data
identifying any trends in the number of reported allegations,
the timeliness of the Office of the Inspector General's
investigations, and their disposition, for each facility and
Department-wide, for the most recent 3-year time period. The
report shall also identify, by facility, the staff-to-patient
ratios taking account of direct care staff only. The report
shall also include detailed recommended administrative actions
and matters for consideration by the General Assembly.
(w) Program audit. The Auditor General shall conduct a
program audit of the Office of the Inspector General on an
as-needed basis, as determined by the Auditor General. The
audit shall specifically include the Inspector General's
compliance with the Act and effectiveness in investigating
reports of allegations occurring in any facility or agency. The
Auditor General shall conduct the program audit according to
the provisions of the Illinois State Auditing Act and shall

report its findings to the General Assembly no later than
January 1 following the audit period.
(x) Nothing in this Section shall be construed to mean that
an individual is a victim of abuse or neglect because of health
care services appropriately provided or not provided by health
care professionals.
(y) Nothing in this Section shall require a facility,
including its employees, agents, medical staff members, and
health care professionals, to provide a service to an
individual in contravention of that individual's stated or
implied objection to the provision of that service on the
ground that that service conflicts with the individual's
religious beliefs or practices, nor shall the failure to
provide a service to an individual be considered abuse under
this Section if the individual has objected to the provision of
that service based on his or her religious beliefs or
practices.
(Source: P.A. 99-143, eff. 7-27-15; 99-323, eff. 8-7-15;
99-642, eff. 7-28-16; 100-313, eff. 8-24-17; 100-432, eff.
8-25-17; revised 9-27-17.)
(20 ILCS 1305/1-65)
(Section scheduled to be repealed on July 1, 2019)
Sec. 1-65. Intellectual and Developmental Disability Home
and Community-Based Services Task Force.
(a) The Secretary of Human Services shall appoint a task

force to review current and potential federal funds for home
and community-based service options for individuals with
intellectual or developmental disabilities. The task force
shall consist of all of the following persons:
(1) The Secretary of Human Services, or his or her
designee, who shall serve as chairperson of the task force.
(2) One representative of the Department of Healthcare
and Family Services.
(3) Six persons selected from recommendations of
organizations whose membership consists of providers
within the intellectual and developmental disabilities
service delivery system.
(4) Two persons who are guardians or family members of
individuals with intellectual or developmental
disabilities and who do not have responsibility for
management or formation of policy regarding the programs
subject to review.
(5) Two persons selected from the recommendations of
consumer organizations that engage in advocacy or legal
representation on behalf of individuals with intellectual
or developmental disabilities.
(6) Three persons who self-identify as individuals
with intellectual or developmental disabilities and who
are engaged in advocacy for the rights of individuals with
disabilities. If these persons require supports in the form
of reasonable accommodations in order to participate, such

supports shall be provided.
The task force shall also consist of the following members
appointed as follows:
(A) One member of the Senate appointed by the President
of the Senate.
(B) One member of the Senate appointed by the Minority
Leader of the Senate.
(C) One member of the House of Representatives
appointed by the Speaker of the House of Representatives.
(D) One member of the House of Representatives
appointed by the Minority Leader of the House of
Representatives.
(b) The task force shall review: the current federal
Medicaid matching funds for services provided in the State;
ways to maximize federal supports for the current services
provided, including attendant services, housing, and other
services to promote independent living; options that require
federal approval and federal funding; ways to minimize the
impact of constituents awaiting services; and all avenues to
utilize federal funding involving home and community-based
services identified by the task force. The Department shall
provide administrative support to the task force.
(c) The appointments to the task force must be made by July
1, 2017. Task force members shall receive no compensation. The
task force must hold at least 4 hearings. The task force shall
report its findings to the Governor and General Assembly no

later than July 1, 2018, and, upon filing its report, the task
force is dissolved.
(d) This Section is repealed on July 1, 2019.
(Source: P.A. 100-79, eff. 8-11-17.)
(20 ILCS 1305/1-70)
Sec. 1-70 1-65. Uniform demographic data collection.
(a) The Department shall collect and publicly report
statistical data on the racial and ethnic demographics of
program participants for each program administered by the
Department. Except as provided in subsection (b), when
collecting the data required under this Section, the Department
shall use the same racial and ethnic classifications for each
program, which shall include, but not be limited to, the
following:
(1) American Indian and Alaska Native alone.
(2) Asian alone.
(3) Black or African American alone.
(4) Hispanic or Latino of any race.
(5) Native Hawaiian and Other Pacific Islander alone.
(6) White alone.
(7) Some other race alone.
(8) Two or more races.
The Department may further define, by rule, the racial and
ethnic classifications provided in this Section.
(b) If a program administered by the Department is subject

to federal reporting requirements that include the collection
and public reporting of statistical data on the racial and
ethnic demographics of program participants, the Department
may maintain the same racial and ethnic classifications used
under the federal requirements if such classifications differ
from the classifications listed in subsection (a).
(c) The Department shall make all demographic information
collected under this Section available to the public which at a
minimum shall include posting the information for each program
in a timely manner on the Department's official website. If the
Department already has a mechanism or process in place to
report information about program participation for any program
administered by the Department, then the Department shall use
that mechanism or process to include the demographic
information collected under this Section. If the Department
does not have a mechanism or process in place to report
information about program participation for any program
administered by the Department, then the Department shall
create a mechanism or process to disseminate the demographic
information collected under this Section.
(Source: P.A. 100-275, eff. 1-1-18; revised 10-3-17.)
Section 70. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
15.4 as follows:

(20 ILCS 1705/15.4)
Sec. 15.4. Authorization for nursing delegation to permit
direct care staff to administer medications.
(a) This Section applies to (i) all residential programs
for persons with a developmental disability in settings of 16
persons or fewer that are funded or licensed by the Department
of Human Services and that distribute or administer
medications, (ii) all intermediate care facilities for persons
with developmental disabilities with 16 beds or fewer that are
licensed by the Department of Public Health, and (iii) all day
programs certified to serve persons with developmental
disabilities by the Department of Human Services. The
Department of Human Services shall develop a training program
for authorized direct care staff to administer medications
under the supervision and monitoring of a registered
professional nurse. The training program for authorized direct
care staff shall include educational and oversight components
for staff who work in day programs that are similar to those
for staff who work in residential programs. This training
program shall be developed in consultation with professional
associations representing (i) physicians licensed to practice
medicine in all its branches, (ii) registered professional
nurses, and (iii) pharmacists.
(b) For the purposes of this Section:
"Authorized direct care staff" means non-licensed persons
who have successfully completed a medication administration

training program approved by the Department of Human Services
and conducted by a nurse-trainer. This authorization is
specific to an individual receiving service in a specific
agency and does not transfer to another agency.
"Medications" means oral and topical medications, insulin
in an injectable form, oxygen, epinephrine auto-injectors, and
vaginal and rectal creams and suppositories. "Oral" includes
inhalants and medications administered through enteral tubes,
utilizing aseptic technique. "Topical" includes eye, ear, and
nasal medications. Any controlled substances must be packaged
specifically for an identified individual.
"Insulin in an injectable form" means a subcutaneous
injection via an insulin pen pre-filled by the manufacturer.
Authorized direct care staff may administer insulin, as ordered
by a physician, advanced practice registered nurse, or
physician assistant, if: (i) the staff has successfully
completed a Department-approved advanced training program
specific to insulin administration developed in consultation
with professional associations listed in subsection (a) of this
Section, and (ii) the staff consults with the registered nurse,
prior to administration, of any insulin dose that is determined
based on a blood glucose test result. The authorized direct
care staff shall not: (i) calculate the insulin dosage needed
when the dose is dependent upon a blood glucose test result, or
(ii) administer insulin to individuals who require blood
glucose monitoring greater than 3 times daily, unless directed

to do so by the registered nurse.
"Nurse-trainer training program" means a standardized,
competency-based medication administration train-the-trainer
program provided by the Department of Human Services and
conducted by a Department of Human Services master
nurse-trainer for the purpose of training nurse-trainers to
train persons employed or under contract to provide direct care
or treatment to individuals receiving services to administer
medications and provide self-administration of medication
training to individuals under the supervision and monitoring of
the nurse-trainer. The program incorporates adult learning
styles, teaching strategies, classroom management, and a
curriculum overview, including the ethical and legal aspects of
supervising those administering medications.
"Self-administration of medications" means an individual
administers his or her own medications. To be considered
capable to self-administer their own medication, individuals
must, at a minimum, be able to identify their medication by
size, shape, or color, know when they should take the
medication, and know the amount of medication to be taken each
time.
"Training program" means a standardized medication
administration training program approved by the Department of
Human Services and conducted by a registered professional nurse
for the purpose of training persons employed or under contract
to provide direct care or treatment to individuals receiving

services to administer medications and provide
self-administration of medication training to individuals
under the delegation and supervision of a nurse-trainer. The
program incorporates adult learning styles, teaching
strategies, classroom management, curriculum overview,
including ethical-legal aspects, and standardized
competency-based evaluations on administration of medications
and self-administration of medication training programs.
(c) Training and authorization of non-licensed direct care
staff by nurse-trainers must meet the requirements of this
subsection.
(1) Prior to training non-licensed direct care staff to
administer medication, the nurse-trainer shall perform the
following for each individual to whom medication will be
administered by non-licensed direct care staff:
(A) An assessment of the individual's health
history and physical and mental status.
(B) An evaluation of the medications prescribed.
(2) Non-licensed authorized direct care staff shall
meet the following criteria:
(A) Be 18 years of age or older.
(B) Have completed high school or have a high
school equivalency certificate.
(C) Have demonstrated functional literacy.
(D) Have satisfactorily completed the Health and
Safety component of a Department of Human Services

authorized direct care staff training program.
(E) Have successfully completed the training
program, pass the written portion of the comprehensive
exam, and score 100% on the competency-based
assessment specific to the individual and his or her
medications.
(F) Have received additional competency-based
assessment by the nurse-trainer as deemed necessary by
the nurse-trainer whenever a change of medication
occurs or a new individual that requires medication
administration enters the program.
(3) Authorized direct care staff shall be re-evaluated
by a nurse-trainer at least annually or more frequently at
the discretion of the registered professional nurse. Any
necessary retraining shall be to the extent that is
necessary to ensure competency of the authorized direct
care staff to administer medication.
(4) Authorization of direct care staff to administer
medication shall be revoked if, in the opinion of the
registered professional nurse, the authorized direct care
staff is no longer competent to administer medication.
(5) The registered professional nurse shall assess an
individual's health status at least annually or more
frequently at the discretion of the registered
professional nurse.
(d) Medication self-administration shall meet the

following requirements:
(1) As part of the normalization process, in order for
each individual to attain the highest possible level of
independent functioning, all individuals shall be
permitted to participate in their total health care
program. This program shall include, but not be limited to,
individual training in preventive health and
self-medication procedures.
(A) Every program shall adopt written policies and
procedures for assisting individuals in obtaining
preventative health and self-medication skills in
consultation with a registered professional nurse,
advanced practice registered nurse, physician
assistant, or physician licensed to practice medicine
in all its branches.
(B) Individuals shall be evaluated to determine
their ability to self-medicate by the nurse-trainer
through the use of the Department's required,
standardized screening and assessment instruments.
(C) When the results of the screening and
assessment indicate an individual not to be capable to
self-administer his or her own medications, programs
shall be developed in consultation with the Community
Support Team or Interdisciplinary Team to provide
individuals with self-medication administration.
(2) Each individual shall be presumed to be competent

to self-administer medications if:
(A) authorized by an order of a physician licensed
to practice medicine in all its branches, an advanced
practice registered nurse, or a physician assistant;
and
(B) approved to self-administer medication by the
individual's Community Support Team or
Interdisciplinary Team, which includes a registered
professional nurse or an advanced practice registered
nurse.
(e) Quality Assurance.
(1) A registered professional nurse, advanced practice
registered nurse, licensed practical nurse, physician
licensed to practice medicine in all its branches,
physician assistant, or pharmacist shall review the
following for all individuals:
(A) Medication orders.
(B) Medication labels, including medications
listed on the medication administration record for
persons who are not self-medicating to ensure the
labels match the orders issued by the physician
licensed to practice medicine in all its branches,
advanced practice registered nurse, or physician
assistant.
(C) Medication administration records for persons
who are not self-medicating to ensure that the records

are completed appropriately for:
(i) medication administered as prescribed;
(ii) refusal by the individual; and
(iii) full signatures provided for all
initials used.
(2) Reviews shall occur at least quarterly, but may be
done more frequently at the discretion of the registered
professional nurse or advanced practice registered nurse.
(3) A quality assurance review of medication errors and
data collection for the purpose of monitoring and
recommending corrective action shall be conducted within 7
days and included in the required annual review.
(f) Programs using authorized direct care staff to
administer medications are responsible for documenting and
maintaining records on the training that is completed.
(g) The absence of this training program constitutes a
threat to the public interest, safety, and welfare and
necessitates emergency rulemaking by the Departments of Human
Services and Public Health under Section 5-45 of the Illinois
Administrative Procedure Act.
(h) Direct care staff who fail to qualify for delegated
authority to administer medications pursuant to the provisions
of this Section shall be given additional education and testing
to meet criteria for delegation authority to administer
medications. Any direct care staff person who fails to qualify
as an authorized direct care staff after initial training and

testing must within 3 months be given another opportunity for
retraining and retesting. A direct care staff person who fails
to meet criteria for delegated authority to administer
medication, including, but not limited to, failure of the
written test on 2 occasions shall be given consideration for
shift transfer or reassignment, if possible. No employee shall
be terminated for failure to qualify during the 3-month time
period following initial testing. Refusal to complete training
and testing required by this Section may be grounds for
immediate dismissal.
(i) No authorized direct care staff person delegated to
administer medication shall be subject to suspension or
discharge for errors resulting from the staff person's acts or
omissions when performing the functions unless the staff
person's actions or omissions constitute willful and wanton
conduct. Nothing in this subsection is intended to supersede
paragraph (4) of subsection (c).
(j) A registered professional nurse, advanced practice
registered nurse, physician licensed to practice medicine in
all its branches, or physician assistant shall be on duty or on
call at all times in any program covered by this Section.
(k) The employer shall be responsible for maintaining
liability insurance for any program covered by this Section.
(l) Any direct care staff person who qualifies as
authorized direct care staff pursuant to this Section shall be
granted consideration for a one-time additional salary

differential. The Department shall determine and provide the
necessary funding for the differential in the base. This
subsection (l) is inoperative on and after June 30, 2000.
(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
99-581, eff. 1-1-17; 100-50, eff. 1-1-18; 100-513, eff. 1-1-18;
revised 9-22-17.)
Section 75. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Sections 2105-15 and 2105-207 as follows:
(20 ILCS 2105/2105-15)
Sec. 2105-15. General powers and duties.
(a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
(1) To authorize examinations in English to ascertain
the qualifications and fitness of applicants to exercise
the profession, trade, or occupation for which the
examination is held.
(2) To prescribe rules and regulations for a fair and
wholly impartial method of examination of candidates to
exercise the respective professions, trades, or
occupations.
(3) To pass upon the qualifications of applicants for
licenses, certificates, and authorities, whether by

examination, by reciprocity, or by endorsement.
(4) To prescribe rules and regulations defining, for
the respective professions, trades, and occupations, what
shall constitute a school, college, or university, or
department of a university, or other institution,
reputable and in good standing, and to determine the
reputability and good standing of a school, college, or
university, or department of a university, or other
institution, reputable and in good standing, by reference
to a compliance with those rules and regulations; provided,
that no school, college, or university, or department of a
university, or other institution that refuses admittance
to applicants solely on account of race, color, creed, sex,
sexual orientation, or national origin shall be considered
reputable and in good standing.
(5) To conduct hearings on proceedings to revoke,
suspend, refuse to renew, place on probationary status, or
take other disciplinary action as authorized in any
licensing Act administered by the Department with regard to
licenses, certificates, or authorities of persons
exercising the respective professions, trades, or
occupations and to revoke, suspend, refuse to renew, place
on probationary status, or take other disciplinary action
as authorized in any licensing Act administered by the
Department with regard to those licenses, certificates, or
authorities.

The Department shall issue a monthly disciplinary
report.
The Department shall deny any license or renewal
authorized by the Civil Administrative Code of Illinois to
any person who has defaulted on an educational loan or
scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency
of this State; however, the Department may issue a license
or renewal if the aforementioned persons have established a
satisfactory repayment record as determined by the
Illinois Student Assistance Commission or other
appropriate governmental agency of this State.
Additionally, beginning June 1, 1996, any license issued by
the Department may be suspended or revoked if the
Department, after the opportunity for a hearing under the
appropriate licensing Act, finds that the licensee has
failed to make satisfactory repayment to the Illinois
Student Assistance Commission for a delinquent or
defaulted loan. For the purposes of this Section,
"satisfactory repayment record" shall be defined by rule.
The Department shall refuse to issue or renew a license
to, or shall suspend or revoke a license of, any person
who, after receiving notice, fails to comply with a
subpoena or warrant relating to a paternity or child
support proceeding. However, the Department may issue a
license or renewal upon compliance with the subpoena or

warrant.
The Department, without further process or hearings,
shall revoke, suspend, or deny any license or renewal
authorized by the Civil Administrative Code of Illinois to
a person who is certified by the Department of Healthcare
and Family Services (formerly Illinois Department of
Public Aid) as being more than 30 days delinquent in
complying with a child support order or who is certified by
a court as being in violation of the Non-Support Punishment
Act for more than 60 days. The Department may, however,
issue a license or renewal if the person has established a
satisfactory repayment record as determined by the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) or if the person is
determined by the court to be in compliance with the
Non-Support Punishment Act. The Department may implement
this paragraph as added by Public Act 89-6 through the use
of emergency rules in accordance with Section 5-45 of the
Illinois Administrative Procedure Act. For purposes of the
Illinois Administrative Procedure Act, the adoption of
rules to implement this paragraph shall be considered an
emergency and necessary for the public interest, safety,
and welfare.
(6) To transfer jurisdiction of any realty under the
control of the Department to any other department of the
State Government or to acquire or accept federal lands when

the transfer, acquisition, or acceptance is advantageous
to the State and is approved in writing by the Governor.
(7) To formulate rules and regulations necessary for
the enforcement of any Act administered by the Department.
(8) To exchange with the Department of Healthcare and
Family Services information that may be necessary for the
enforcement of child support orders entered pursuant to the
Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, the Illinois Parentage Act
of 1984, or the Illinois Parentage Act of 2015.
Notwithstanding any provisions in this Code to the
contrary, the Department of Professional Regulation shall
not be liable under any federal or State law to any person
for any disclosure of information to the Department of
Healthcare and Family Services (formerly Illinois
Department of Public Aid) under this paragraph (8) or for
any other action taken in good faith to comply with the
requirements of this paragraph (8).
(8.5) To accept continuing education credit for
mandated reporter training on how to recognize and report
child abuse offered by the Department of Children and
Family Services and completed by any person who holds a
professional license issued by the Department and who is a

mandated reporter under the Abused and Neglected Child
Reporting Act. The Department shall adopt any rules
necessary to implement this paragraph.
(9) To perform other duties prescribed by law.
(a-5) Except in cases involving default on an educational
loan or scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency of
this State or in cases involving delinquency in complying with
a child support order or violation of the Non-Support
Punishment Act and notwithstanding anything that may appear in
any individual licensing Act or administrative rule, no person
or entity whose license, certificate, or authority has been
revoked as authorized in any licensing Act administered by the
Department may apply for restoration of that license,
certification, or authority until 3 years after the effective
date of the revocation.
(b) (Blank).
(c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund

that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
(d) Whenever the Department 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, the information contained
in State files that is necessary to fulfill the request.
(e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of the
Private Business and Vocational Schools Act of 2012.
(f) (Blank).
(g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was

not filed, or both, is prima facie evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order to the
licensee's address of record or emailing a copy of the order to
the licensee's email address of record. The notice shall advise
the licensee that the suspension shall be effective 60 days
after the issuance of the Department's order unless the
Department receives, from the licensee, a request for a hearing
before the Department to dispute the matters contained in the
order.
Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
The Department may promulgate rules for the administration
of this subsection (g).
(h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. For
individuals licensed under the Medical Practice Act of 1987,

the title "Retired" may be used in the profile required by the
Patients' Right to Know Act. The use of the title "Retired"
shall not constitute representation of current licensure,
registration, or certification. Any person without an active
license, registration, or certificate in a profession that
requires licensure, registration, or certification shall not
be permitted to practice that profession.
(i) Within 180 days after December 23, 2009 (the effective
date of Public Act 96-852), the Department shall promulgate
rules which permit a person with a criminal record, who seeks a
license or certificate in an occupation for which a criminal
record is not expressly a per se bar, to apply to the
Department for a non-binding, advisory opinion to be provided
by the Board or body with the authority to issue the license or
certificate as to whether his or her criminal record would bar
the individual from the licensure or certification sought,
should the individual meet all other licensure requirements
including, but not limited to, the successful completion of the
relevant examinations.
(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,
eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;
100-262, eff. 8-22-17; revised 10-4-17.)
(20 ILCS 2105/2105-207)
Sec. 2105-207. Records of Department actions.
(a) Any licensee subject to a licensing Act administered by

the Division of Professional Regulation and who has been
subject to disciplinary action by the Department may file an
application with the Department on forms provided by the
Department, along with the required fee of $175, to have the
records classified as confidential, not for public release, and
considered expunged for reporting purposes if:
(1) the application is submitted more than 3 years
after the disciplinary offense or offenses occurred or
after restoration of the license, whichever is later;
(2) the licensee has had no incidents of discipline
under the licensing Act since the disciplinary offense or
offenses identified in the application occurred;
(3) the Department has no pending investigations
against the licensee; and
(4) the licensee is not currently in a disciplinary
status.
(b) An application to make disciplinary records
confidential shall only be considered by the Department for an
offense or action relating to:
(1) failure to pay taxes or student loans;
(2) continuing education;
(3) failure to renew a license on time;
(4) failure to obtain or renew a certificate of
registration or ancillary license;
(5) advertising;
(5.1) discipline based on criminal charges or

convictions:
(A) that did not arise from the licensed activity
and was unrelated to the licensed activity; or
(B) that were dismissed or for which records have
been sealed or expunged; .
(5.2) past probationary status of a license issued to
new applicants on the sole or partial basis of prior
convictions; or
(6) any grounds for discipline removed from the
licensing Act.
(c) An application shall be submitted to and considered by
the Director of the Division of Professional Regulation upon
submission of an application and the required non-refundable
fee. The Department may establish additional requirements by
rule. The Department is not required to report the removal of
any disciplinary record to any national database. Nothing in
this Section shall prohibit the Department from using a
previous discipline for any regulatory purpose or from
releasing records of a previous discipline upon request from
law enforcement, or other governmental body as permitted by
law. Classification of records as confidential shall result in
removal of records of discipline from records kept pursuant to
Sections 2105-200 and 2105-205 of this Act.
(d) Any applicant for licensure or a licensee whose
petition for review is granted by the Department pursuant to
subsection (a-1) of Section 2105-165 of this Law may file an

application with the Department on forms provided by the
Department to have records relating to his or her permanent
denial or permanent revocation classified as confidential and
not for public release and considered expunged for reporting
purposes in the same manner and under the same terms as is
provided in this Section for the offenses listed in subsection
(b) of this Section, except that the requirements of a 7-year
waiting period and the $200 application fee do not apply.
(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;
revised 10-4-17.)
Section 80. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-676 as follows:
(20 ILCS 2310/2310-676)
Sec. 2310-676. Advisory council on pediatric autoimmune
neuropsychiatric disorder associated with streptococcal
infections and pediatric acute neuropsychiatric syndrome.
(a) There is established an advisory council on pediatric
autoimmune neuropsychiatric disorder associated with
streptococcal infections and pediatric acute neuropsychiatric
syndrome to advise the Director of Public Health on research,
diagnosis, treatment, and education relating to the disorder
and syndrome.
(b) The advisory council shall consist of the following

members, who shall be appointed by the Director of Public
Health within 60 days after August 7, 2015 (the effective date
of Public Act 99-320) this amendatory Act of the 99th General
Assembly:
(1) An immunologist licensed and practicing in this
State who has experience treating persons with pediatric
autoimmune neuropsychiatric disorder associated with
streptococcal infections and pediatric acute
neuropsychiatric syndrome and the use of intravenous
immunoglobulin.
(2) A health care provider licensed and practicing in
this State who has expertise in treating persons with
pediatric autoimmune neuropsychiatric disorder associated
with streptococcal infections and pediatric acute
neuropsychiatric syndrome and autism.
(3) A representative of PANDAS/PANS Advocacy &
Support.
(4) An osteopathic physician licensed and practicing
in this State who has experience treating persons with
pediatric autoimmune neuropsychiatric disorder associated
with streptococcal infections and pediatric acute
neuropsychiatric syndrome.
(5) A medical researcher with experience conducting
research concerning pediatric autoimmune neuropsychiatric
disorder associated with streptococcal infections,
pediatric acute neuropsychiatric syndrome,

obsessive-compulsive disorder, tic disorder, and other
neurological disorders.
(6) A certified dietitian-nutritionist practicing in
this State who provides services to children with autism
spectrum disorder, attention-deficit hyperactivity
disorder, and other neuro-developmental conditions.
(7) A representative of a professional organization in
this State for school psychologists.
(8) A child psychiatrist who has experience treating
persons with pediatric autoimmune neuropsychiatric
disorder associated with streptococcal infections and
pediatric acute neuropsychiatric syndrome.
(9) A representative of a professional organization in
this State for school nurses.
(10) A pediatrician who has experience treating
persons with pediatric autoimmune neuropsychiatric
disorder associated with streptococcal infections and
pediatric acute neuropsychiatric syndrome.
(11) A representative of an organization focused on
autism.
(12) A parent with a child who has been diagnosed with
pediatric autoimmune neuropsychiatric disorder associated
with streptococcal infections or pediatric acute
neuropsychiatric syndrome and autism.
(13) A social worker licensed and practicing in this
State.

(14) A representative of the Special Education
Services division of the State Board of Education.
(15) One member of the General Assembly appointed by
the Speaker of the House of Representatives.
(16) One member of the General Assembly appointed by
the President of the Senate.
(17) One member of the General Assembly appointed by
the Minority Leader of the House of Representatives.
(18) One member of the General Assembly appointed by
the Minority Leader of the Senate.
(c) The Director of Public Health, or his or her designee,
shall be an ex officio ex-officio, nonvoting member and shall
attend all meetings of the advisory council. Any member of the
advisory council appointed under this Section may be a member
of the General Assembly. Members shall receive no compensation
for their services.
(d) The Director of Public Health shall schedule the first
meeting of the advisory council, which shall be held not later
than 90 days after August 7, 2015 (the effective date of Public
Act 99-320) this amendatory Act of the 99th General Assembly. A
majority of the council members shall constitute a quorum. A
majority vote of a quorum shall be required for any official
action of the advisory council. The advisory council shall meet
upon the call of the chairperson or upon the request of a
majority of council members.
(e) Not later than January 1, 2017, and annually

thereafter, the advisory council shall issue a report to the
General Assembly with recommendations concerning:
(1) practice guidelines for the diagnosis and
treatment of the disorder and syndrome;
(2) mechanisms to increase clinical awareness and
education regarding the disorder and syndrome among
physicians, including pediatricians, school-based health
centers, and providers of mental health services;
(3) outreach to educators and parents to increase
awareness of the disorder and syndrome; and
(4) development of a network of volunteer experts on
the diagnosis and treatment of the disorder and syndrome to
assist in education and outreach.
(Source: P.A. 99-320, eff. 8-7-15; revised 9-27-17.)
Section 85. The Rehabilitation of Persons with
Disabilities Act is amended by changing Section 3 as follows:
(20 ILCS 2405/3) (from Ch. 23, par. 3434)
Sec. 3. Powers and duties. The Department shall have the
powers and duties enumerated herein:
(a) To co-operate with the federal government in the
administration of the provisions of the federal
Rehabilitation Act of 1973, as amended, of the Workforce
Innovation and Opportunity Act, and of the federal Social
Security Act to the extent and in the manner provided in

these Acts.
(b) To prescribe and supervise such courses of
vocational training and provide such other services as may
be necessary for the habilitation and rehabilitation of
persons with one or more disabilities, including the
administrative activities under subsection (e) of this
Section, and to co-operate with State and local school
authorities and other recognized agencies engaged in
habilitation, rehabilitation and comprehensive
rehabilitation services; and to cooperate with the
Department of Children and Family Services regarding the
care and education of children with one or more
disabilities.
(c) (Blank).
(d) To report in writing, to the Governor, annually on
or before the first day of December, and at such other
times and in such manner and upon such subjects as the
Governor may require. The annual report shall contain (1) a
statement of the existing condition of comprehensive
rehabilitation services, habilitation and rehabilitation
in the State; (2) a statement of suggestions and
recommendations with reference to the development of
comprehensive rehabilitation services, habilitation and
rehabilitation in the State; and (3) an itemized statement
of the amounts of money received from federal, State and
other sources, and of the objects and purposes to which the

respective items of these several amounts have been
devoted.
(e) (Blank).
(f) To establish a program of services to prevent the
unnecessary institutionalization of persons in need of
long term care and who meet the criteria for blindness or
disability as defined by the Social Security Act, thereby
enabling them to remain in their own homes. Such preventive
services include any or all of the following:
(1) personal assistant services;
(2) homemaker services;
(3) home-delivered meals;
(4) adult day care services;
(5) respite care;
(6) home modification or assistive equipment;
(7) home health services;
(8) electronic home response;
(9) brain injury behavioral/cognitive services;
(10) brain injury habilitation;
(11) brain injury pre-vocational services; or
(12) brain injury supported employment.
The Department shall establish eligibility standards
for such services taking into consideration the unique
economic and social needs of the population for whom they
are to be provided. Such eligibility standards may be based
on the recipient's ability to pay for services; provided,

however, that any portion of a person's income that is
equal to or less than the "protected income" level shall
not be considered by the Department in determining
eligibility. The "protected income" level shall be
determined by the Department, shall never be less than the
federal poverty standard, and shall be adjusted each year
to reflect changes in the Consumer Price Index For All
Urban Consumers as determined by the United States
Department of Labor. The standards must provide that a
person may not have more than $10,000 in assets to be
eligible for the services, and the Department may increase
or decrease the asset limitation by rule. The Department
may not decrease the asset level below $10,000.
The services shall be provided, as established by the
Department by rule, to eligible persons to prevent
unnecessary or premature institutionalization, to the
extent that the cost of the services, together with the
other personal maintenance expenses of the persons, are
reasonably related to the standards established for care in
a group facility appropriate to their condition. These
non-institutional services, pilot projects or experimental
facilities may be provided as part of or in addition to
those authorized by federal law or those funded and
administered by the Illinois Department on Aging. The
Department shall set rates and fees for services in a fair
and equitable manner. Services identical to those offered

by the Department on Aging shall be paid at the same rate.
Personal assistants shall be paid at a rate negotiated
between the State and an exclusive representative of
personal assistants under a collective bargaining
agreement. In no case shall the Department pay personal
assistants an hourly wage that is less than the federal
minimum wage. Within 30 days after July 6, 2017 (the
effective date of Public Act 100-23) this amendatory Act of
the 100th General Assembly, the hourly wage paid to
personal assistants and individual maintenance home health
workers shall be increased by $0.48 per hour.
Solely for the purposes of coverage under the Illinois
Public Labor Relations Act, personal assistants providing
services under the Department's Home Services Program
shall be considered to be public employees and the State of
Illinois shall be considered to be their employer as of
July 16, 2003 (the effective date of Public Act 93-204)
this amendatory Act of the 93rd General Assembly, but not
before. Solely for the purposes of coverage under the
Illinois Public Labor Relations Act, home care and home
health workers who function as personal assistants and
individual maintenance home health workers and who also
provide services under the Department's Home Services
Program shall be considered to be public employees, no
matter whether the State provides such services through
direct fee-for-service arrangements, with the assistance

of a managed care organization or other intermediary, or
otherwise, and the State of Illinois shall be considered to
be the employer of those persons as of January 29, 2013
(the effective date of Public Act 97-1158), but not before
except as otherwise provided under this subsection (f). The
State shall engage in collective bargaining with an
exclusive representative of home care and home health
workers who function as personal assistants and individual
maintenance home health workers working under the Home
Services Program concerning their terms and conditions of
employment that are within the State's control. Nothing in
this paragraph shall be understood to limit the right of
the persons receiving services defined in this Section to
hire and fire home care and home health workers who
function as personal assistants and individual maintenance
home health workers working under the Home Services Program
or to supervise them within the limitations set by the Home
Services Program. The State shall not be considered to be
the employer of home care and home health workers who
function as personal assistants and individual maintenance
home health workers working under the Home Services Program
for any purposes not specifically provided in Public Act
93-204 or Public Act 97-1158, including but not limited to,
purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Home
care and home health workers who function as personal

assistants and individual maintenance home health workers
and who also provide services under the Department's Home
Services Program shall not be covered by the State
Employees Group Insurance Act of 1971.
The Department shall execute, relative to nursing home
prescreening, as authorized by Section 4.03 of the Illinois
Act on the Aging, written inter-agency agreements with the
Department on Aging and the Department of Healthcare and
Family Services, to effect the intake procedures and
eligibility criteria for those persons who may need long
term care. On and after July 1, 1996, all nursing home
prescreenings for individuals 18 through 59 years of age
shall be conducted by the Department, or a designee of the
Department.
The Department is authorized to establish a system of
recipient cost-sharing for services provided under this
Section. The cost-sharing shall be based upon the
recipient's ability to pay for services, but in no case
shall the recipient's share exceed the actual cost of the
services provided. Protected income shall not be
considered by the Department in its determination of the
recipient's ability to pay a share of the cost of services.
The level of cost-sharing shall be adjusted each year to
reflect changes in the "protected income" level. The
Department shall deduct from the recipient's share of the
cost of services any money expended by the recipient for

disability-related expenses.
To the extent permitted under the federal Social
Security Act, the Department, or the Department's
authorized representative, may recover the amount of
moneys expended for services provided to or in behalf of a
person under this Section by a claim against the person's
estate or against the estate of the person's surviving
spouse, but no recovery may be had until after the death of
the surviving spouse, if any, and then only at such time
when there is no surviving child who is under age 21 or
blind or who has a permanent and total disability. This
paragraph, however, shall not bar recovery, at the death of
the person, of moneys for services provided to the person
or in behalf of the person under this Section to which the
person was not entitled; provided that such recovery shall
not be enforced against any real estate while it is
occupied as a homestead by the surviving spouse or other
dependent, if no claims by other creditors have been filed
against the estate, or, if such claims have been filed,
they remain dormant for failure of prosecution or failure
of the claimant to compel administration of the estate for
the purpose of payment. This paragraph shall not bar
recovery from the estate of a spouse, under Sections 1915
and 1924 of the Social Security Act and Section 5-4 of the
Illinois Public Aid Code, who precedes a person receiving
services under this Section in death. All moneys for

services paid to or in behalf of the person under this
Section shall be claimed for recovery from the deceased
spouse's estate. "Homestead", as used in this paragraph,
means the dwelling house and contiguous real estate
occupied by a surviving spouse or relative, as defined by
the rules and regulations of the Department of Healthcare
and Family Services, regardless of the value of the
property.
The Department shall submit an annual report on
programs and services provided under this Section. The
report shall be filed with the Governor and the General
Assembly on or before March 30 each year.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and
the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of the General Assembly
Organization Act, and filing additional copies with the
State Government Report Distribution Center for the
General Assembly as required under paragraph (t) of Section
7 of the State Library Act.
(g) To establish such subdivisions of the Department as
shall be desirable and assign to the various subdivisions
the responsibilities and duties placed upon the Department
by law.

(h) To cooperate and enter into any necessary
agreements with the Department of Employment Security for
the provision of job placement and job referral services to
clients of the Department, including job service
registration of such clients with Illinois Employment
Security offices and making job listings maintained by the
Department of Employment Security available to such
clients.
(i) To possess all powers reasonable and necessary for
the exercise and administration of the powers, duties and
responsibilities of the Department which are provided for
by law.
(j) (Blank).
(k) (Blank).
(l) To establish, operate, and maintain a Statewide
Housing Clearinghouse of information on available,
government subsidized housing accessible to persons with
disabilities and available privately owned housing
accessible to persons with disabilities. The information
shall include, but not be limited to, the location, rental
requirements, access features and proximity to public
transportation of available housing. The Clearinghouse
shall consist of at least a computerized database for the
storage and retrieval of information and a separate or
shared toll free telephone number for use by those seeking
information from the Clearinghouse. Department offices and

personnel throughout the State shall also assist in the
operation of the Statewide Housing Clearinghouse.
Cooperation with local, State, and federal housing
managers shall be sought and extended in order to
frequently and promptly update the Clearinghouse's
information.
(m) To assure that the names and case records of
persons who received or are receiving services from the
Department, including persons receiving vocational
rehabilitation, home services, or other services, and
those attending one of the Department's schools or other
supervised facility shall be confidential and not be open
to the general public. Those case records and reports or
the information contained in those records and reports
shall be disclosed by the Director only to proper law
enforcement officials, individuals authorized by a court,
the General Assembly or any committee or commission of the
General Assembly, and other persons and for reasons as the
Director designates by rule. Disclosure by the Director may
be only in accordance with other applicable law.
(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
100-477, eff. 9-8-17; revised 9-27-17.)
Section 90. The Disabilities Services Act of 2003 is
amended by changing Section 55 as follows:

(20 ILCS 2407/55)
Sec. 55. Dissemination of reports. (a) On or before April 1
of each year, in conjunction with their annual report, the
Department of Healthcare and Family Services, in cooperation
with the other involved agencies, shall report to the Governor
and the General Assembly on the implementation of this Act and
include, at a minimum, the following data: (i) a description of
any interagency agreements, fiscal payment mechanisms or
methodologies developed under this Act that effectively
support choice; (ii) information concerning the dollar amounts
of State Medicaid long-term care expenditures and the
percentage of such expenditures that were for institutional
long-term care services or were for home and community-based
long-term care services; and (iii) documentation that the
Departments have met the requirements under Section 54(a) to
assure the health and welfare of eligible individuals receiving
home and community-based long-term care services. This report
must be made available to the general public, including via the
Departmental websites.
(Source: P.A. 95-438, eff. 1-1-08; revised 9-27-17.)
Section 95. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement, sealing, and immediate 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), 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), 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 and a misdemeanor violation of
Section 11-30 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) Class A misdemeanors or felony offenses
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) (blank).
(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. Subsection (g) of this Section
provides for immediate sealing of certain records.
(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 unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(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)). Convictions requiring public

registration under the Arsonist Registration Act, the
Sex Offender Registration Act, or the Murderer and
Violent Offender Against Youth Registration Act may
not be sealed until the petitioner is no longer
required to register under that relevant Act.
(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, 2019 or one year after January 1,
2017 (the effective date of Public Act 99-881), 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.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282) this amendatory Act of the 100th
General Assembly, may be sealed immediately if the petition
is filed with the circuit court clerk on the same day and
during the same hearing in which the case is disposed.
(3) When Records are Eligible to be Immediately Sealed.
Eligible records under paragraph (2) of this subsection (g)
may be sealed immediately after entry of the final
disposition of a case, notwithstanding the disposition of
other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the

court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective date
of Public Act 100-282) this amendatory Act of the 100th
General Assembly. The immediate sealing petition may
be filed with the circuit court clerk during the
hearing in which the final disposition of the case is
entered. If the defendant's attorney does not file the
petition for immediate sealing during the hearing, the
defendant may file a petition for sealing at any time
as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.

(C) Drug Test. The petitioner shall not be required
to attach proof that he or she has passed a drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge shall
enter an order granting or denying the petition for
immediate sealing during the hearing in which it is
filed. Petitions for immediate sealing shall be ruled
on in the same hearing in which the final disposition
of the case is entered.
(F) Hearings. The court shall hear the petition for
immediate sealing on the same day and during the same
hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Department of State Police shall comply
with paragraph (1) of subsection (d) of this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of

appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Department of
State Police may file a motion to vacate, modify, or
reconsider the order denying the petition to
immediately 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.
(L) Effect of Order. An order granting an immediate
sealing petition shall not be considered void because
it fails to comply with the provisions of this Section
or because of an 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 subparagraph (L) of
this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully

comply with the terms of the order within 60 days of
service of the order.
(Source: P.A. 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; 100-201, eff. 8-18-17; 100-282, eff.
1-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised
10-13-17.)
Section 100. The Department of Veterans' Affairs Act is
amended by changing Section 20 as follows:
(20 ILCS 2805/20)
(Section scheduled to be repealed on July 1, 2018)
Sec. 20. Illinois Discharged Servicemember Task Force. The
Illinois Discharged Servicemember Task Force is hereby created
within the Department of 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'
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'
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
through July 1, 2017, 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. As soon as is practicable after the Task Force
presents its final report due by July 1, 2017, any information
collected by the Task Force in carrying out its duties under
this Section shall be transferred to the Illinois Veterans'
Advisory Council.
The Task Force is dissolved, and this Section is repealed,
on July 1, 2018. Veterans'
(Source: P.A. 100-10, eff. 6-30-17; 100-143, eff. 1-1-18;
100-201, eff. 8-18-17; revised 9-28-17.)
Section 105. The Illinois Emergency Management Agency Act
is amended by changing Sections 5 and 7 as follows:
(20 ILCS 3305/5) (from Ch. 127, par. 1055)
Sec. 5. Illinois Emergency Management Agency.
(a) There is created within the executive branch of the
State Government an Illinois Emergency Management Agency and a
Director of the Illinois Emergency Management Agency, herein

called the "Director" who shall be the head thereof. The
Director shall be appointed by the Governor, with the advice
and consent of the Senate, and shall serve for a term of 2
years beginning on the third Monday in January of the
odd-numbered year, and until a successor is appointed and has
qualified; except that the term of the first Director appointed
under this Act shall expire on the third Monday in January,
1989. The Director shall not hold any other remunerative public
office. The Director shall receive an annual salary as set by
the Compensation Review Board.
(b) The Illinois Emergency Management Agency shall obtain,
under the provisions of the Personnel Code, technical,
clerical, stenographic and other administrative personnel, and
may make expenditures within the appropriation therefor as may
be necessary to carry out the purpose of this Act. The agency
created by this Act is intended to be a successor to the agency
created under the Illinois Emergency Services and Disaster
Agency Act of 1975 and the personnel, equipment, records, and
appropriations of that agency are transferred to the successor
agency as of June 30, 1988 (the effective date of this Act).
(c) The Director, subject to the direction and control of
the Governor, shall be the executive head of the Illinois
Emergency Management Agency and the State Emergency Response
Commission and shall be responsible under the direction of the
Governor, for carrying out the program for emergency management
of this State. The Director shall also maintain liaison and

cooperate with the emergency management organizations of this
State and other states and of the federal government.
(d) The Illinois Emergency Management Agency shall take an
integral part in the development and revision of political
subdivision emergency operations plans prepared under
paragraph (f) of Section 10. To this end it shall employ or
otherwise secure the services of professional and technical
personnel capable of providing expert assistance to the
emergency services and disaster agencies. These personnel
shall consult with emergency services and disaster agencies on
a regular basis and shall make field examinations of the areas,
circumstances, and conditions that particular political
subdivision emergency operations plans are intended to apply.
(e) The Illinois Emergency Management Agency and political
subdivisions shall be encouraged to form an emergency
management advisory committee composed of private and public
personnel representing the emergency management phases of
mitigation, preparedness, response, and recovery. The Local
Emergency Planning Committee, as created under the Illinois
Emergency Planning and Community Right to Know Act, shall serve
as an advisory committee to the emergency services and disaster
agency or agencies serving within the boundaries of that Local
Emergency Planning Committee planning district for:
(1) the development of emergency operations plan
provisions for hazardous chemical emergencies; and
(2) the assessment of emergency response capabilities

related to hazardous chemical emergencies.
(f) The Illinois Emergency Management Agency shall:
(1) Coordinate the overall emergency management
program of the State.
(2) Cooperate with local governments, the federal
government and any public or private agency or entity in
achieving any purpose of this Act and in implementing
emergency management programs for mitigation,
preparedness, response, and recovery.
(2.5) Develop a comprehensive emergency preparedness
and response plan for any nuclear accident in accordance
with Section 65 of the Department of Nuclear Safety Law of
2004 (20 ILCS 3310) and in development of the Illinois
Nuclear Safety Preparedness program in accordance with
Section 8 of the Illinois Nuclear Safety Preparedness Act.
(2.6) Coordinate with the Department of Public Health
with respect to planning for and responding to public
health emergencies.
(3) Prepare, for issuance by the Governor, executive
orders, proclamations, and regulations as necessary or
appropriate in coping with disasters.
(4) Promulgate rules and requirements for political
subdivision emergency operations plans that are not
inconsistent with and are at least as stringent as
applicable federal laws and regulations.
(5) Review and approve, in accordance with Illinois

Emergency Management Agency rules, emergency operations
plans for those political subdivisions required to have an
emergency services and disaster agency pursuant to this
Act.
(5.5) Promulgate rules and requirements for the
political subdivision emergency management exercises,
including, but not limited to, exercises of the emergency
operations plans.
(5.10) Review, evaluate, and approve, in accordance
with Illinois Emergency Management Agency rules, political
subdivision emergency management exercises for those
political subdivisions required to have an emergency
services and disaster agency pursuant to this Act.
(6) Determine requirements of the State and its
political subdivisions for food, clothing, and other
necessities in event of a disaster.
(7) Establish a register of persons with types of
emergency management training and skills in mitigation,
preparedness, response, and recovery.
(8) Establish a register of government and private
response resources available for use in a disaster.
(9) Expand the Earthquake Awareness Program and its
efforts to distribute earthquake preparedness materials to
schools, political subdivisions, community groups, civic
organizations, and the media. Emphasis will be placed on
those areas of the State most at risk from an earthquake.

Maintain the list of all school districts, hospitals,
airports, power plants, including nuclear power plants,
lakes, dams, emergency response facilities of all types,
and all other major public or private structures which are
at the greatest risk of damage from earthquakes under
circumstances where the damage would cause subsequent harm
to the surrounding communities and residents.
(10) Disseminate all information, completely and
without delay, on water levels for rivers and streams and
any other data pertaining to potential flooding supplied by
the Division of Water Resources within the Department of
Natural Resources to all political subdivisions to the
maximum extent possible.
(11) Develop agreements, if feasible, with medical
supply and equipment firms to supply resources as are
necessary to respond to an earthquake or any other disaster
as defined in this Act. These resources will be made
available upon notifying the vendor of the disaster.
Payment for the resources will be in accordance with
Section 7 of this Act. The Illinois Department of Public
Health shall determine which resources will be required and
requested.
(11.5) In coordination with the Department of State
Police, develop and implement a community outreach program
to promote awareness among the State's parents and children
of child abduction prevention and response.

(12) Out of funds appropriated for these purposes,
award capital and non-capital grants to Illinois hospitals
or health care facilities located outside of a city with a
population in excess of 1,000,000 to be used for purposes
that include, but are not limited to, preparing to respond
to mass casualties and disasters, maintaining and
improving patient safety and quality of care, and
protecting the confidentiality of patient information. No
single grant for a capital expenditure shall exceed
$300,000. No single grant for a non-capital expenditure
shall exceed $100,000. In awarding such grants, preference
shall be given to hospitals that serve a significant number
of Medicaid recipients, but do not qualify for
disproportionate share hospital adjustment payments under
the Illinois Public Aid Code. To receive such a grant, a
hospital or health care facility must provide funding of at
least 50% of the cost of the project for which the grant is
being requested. In awarding such grants the Illinois
Emergency Management Agency shall consider the
recommendations of the Illinois Hospital Association.
(13) Do all other things necessary, incidental or
appropriate for the implementation of this Act.
(g) The Illinois Emergency Management Agency is authorized
to make grants to various higher education institutions, public
K-12 school districts, area vocational centers as designated by
the State Board of Education, inter-district special education

cooperatives, regional safe schools, and nonpublic K-12
schools for safety and security improvements. For the purpose
of this subsection (g), "higher education institution" means a
public university, a public community college, or an
independent, not-for-profit or for-profit higher education
institution located in this State. Grants made under this
subsection (g) shall be paid out of moneys appropriated for
that purpose from the Build Illinois Bond Fund. The Illinois
Emergency Management Agency shall adopt rules to implement this
subsection (g). These rules may specify: (i) the manner of
applying for grants; (ii) project eligibility requirements;
(iii) restrictions on the use of grant moneys; (iv) the manner
in which the various higher education institutions must account
for the use of grant moneys; and (v) any other provision that
the Illinois Emergency Management Agency determines to be
necessary or useful for the administration of this subsection
(g).
(g-5) The Illinois Emergency Management Agency is
authorized to make grants to not-for-profit organizations
which are exempt from federal income taxation under section
501(c)(3) of the Federal Internal Revenue Code for eligible
security improvements that assist the organization in
preventing, preparing for, or responding to acts of terrorism.
The Director shall establish procedures and forms by which
applicants may apply for a grant, and procedures for
distributing grants to recipients. The procedures shall

require each applicant to do the following:
(1) identify and substantiate prior threats or attacks
by a terrorist organization, network, or cell against the
not-for-profit organization;
(2) indicate the symbolic or strategic value of one or
more sites that renders the site a possible target of
terrorism;
(3) discuss potential consequences to the organization
if the site is damaged, destroyed, or disrupted by a
terrorist act;
(4) describe how the grant will be used to integrate
organizational preparedness with broader State and local
preparedness efforts;
(5) submit a vulnerability assessment conducted by
experienced security, law enforcement, or military
personnel, and a description of how the grant award will be
used to address the vulnerabilities identified in the
assessment; and
(6) submit any other relevant information as may be
required by the Director.
The Agency is authorized to use funds appropriated for the
grant program described in this subsection (g-5) to administer
the program.
(h) Except as provided in Section 17.5 of this Act, any
moneys received by the Agency from donations or sponsorships
shall be deposited in the Emergency Planning and Training Fund

and used by the Agency, subject to appropriation, to effectuate
planning and training activities.
(i) The Illinois Emergency Management Agency may by rule
assess and collect reasonable fees for attendance at
Agency-sponsored conferences to enable the Agency to carry out
the requirements of this Act. Any moneys received under this
subsection shall be deposited in the Emergency Planning and
Training Fund and used by the Agency, subject to appropriation,
for planning and training activities.
(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17;
revised 9-28-17.)
(20 ILCS 3305/7) (from Ch. 127, par. 1057)
Sec. 7. Emergency Powers of the Governor. (a) In the event
of a disaster, as defined in Section 4, the Governor may, by
proclamation declare that a disaster exists. Upon such
proclamation, the Governor shall have and may exercise for a
period not to exceed 30 days the following emergency powers;
provided, however, that the lapse of the emergency powers shall
not, as regards any act or acts occurring or committed within
the 30-day 30 days period, deprive any person, firm,
corporation, political subdivision, or body politic of any
right or rights to compensation or reimbursement which he, she,
it, or they may have under the provisions of this Act:
(1) To suspend the provisions of any regulatory statute
prescribing procedures for conduct of State business, or

the orders, rules and regulations of any State agency, if
strict compliance with the provisions of any statute,
order, rule, or regulation would in any way prevent, hinder
or delay necessary action, including emergency purchases,
by the Illinois Emergency Management Agency, in coping with
the disaster.
(2) To utilize all available resources of the State
government as reasonably necessary to cope with the
disaster and of each political subdivision of the State.
(3) To transfer the direction, personnel or functions
of State departments and agencies or units thereof for the
purpose of performing or facilitating disaster response
and recovery programs.
(4) On behalf of this State to take possession of, and
to acquire full title or a lesser specified interest in,
any personal property as may be necessary to accomplish the
objectives set forth in Section 2 of this Act, including:
airplanes, automobiles, trucks, trailers, buses, and other
vehicles; coal, oils, gasoline, and other fuels and means
of propulsion; explosives, materials, equipment, and
supplies; animals and livestock; feed and seed; food and
provisions for humans and animals; clothing and bedding;
and medicines and medical and surgical supplies; and to
take possession of and for a limited period occupy and use
any real estate necessary to accomplish those objectives;
but only upon the undertaking by the State to pay just

compensation therefor as in this Act provided, and then
only under the following provisions:
a. The Governor, or the person or persons as the
Governor may authorize so to do, may forthwith take
possession of property for and on behalf of the State;
provided, however, that the Governor or persons shall
simultaneously with the taking, deliver to the owner or
his or her agent, if the identity of the owner or
agency is known or readily ascertainable, a signed
statement in writing, that shall include the name and
address of the owner, the date and place of the taking,
description of the property sufficient to identify it,
a statement of interest in the property that is being
so taken, and, if possible, a statement in writing,
signed by the owner, setting forth the sum that he or
she is willing to accept as just compensation for the
property or use. Whether or not the owner or agent is
known or readily ascertainable, a true copy of the
statement shall promptly be filed by the Governor or
the person with the Director, who shall keep the docket
of the statements. In cases where the sum that the
owner is willing to accept as just compensation is less
than $1,000, copies of the statements shall also be
filed by the Director with, and shall be passed upon by
an Emergency Management Claims Commission, consisting
of 3 disinterested citizens who shall be appointed by

the Governor, by and with the advice and consent of the
Senate, within 20 days after the Governor's
declaration of a disaster, and if the sum fixed by them
as just compensation be less than $1,000 and is
accepted in writing by the owner, then the State
Treasurer out of funds appropriated for these
purposes, shall, upon certification thereof by the
Emergency Management Claims Commission, cause the sum
so certified forthwith to be paid to the owner. The
Emergency Management Claims Commission is hereby given
the power to issue appropriate subpoenas and to
administer oaths to witnesses and shall keep
appropriate minutes and other records of its actions
upon and the disposition made of all claims.
b. When the compensation to be paid for the taking
or use of property or interest therein is not or cannot
be determined and paid under item a of this paragraph
(4) (a) above, a petition in the name of The People of
the State of Illinois shall be promptly filed by the
Director, which filing may be enforced by mandamus, in
the circuit court of the county where the property or
any part thereof was located when initially taken or
used under the provisions of this Act praying that the
amount of compensation to be paid to the person or
persons interested therein be fixed and determined.
The petition shall include a description of the

property that has been taken, shall state the physical
condition of the property when taken, shall name as
defendants all interested parties, shall set forth the
sum of money estimated to be just compensation for the
property or interest therein taken or used, and shall
be signed by the Director. The litigation shall be
handled by the Attorney General for and on behalf of
the State.
c. Just compensation for the taking or use of
property or interest therein shall be promptly
ascertained in proceedings and established by judgment
against the State, that shall include, as part of the
just compensation so awarded, interest at the rate of
6% per annum on the fair market value of the property
or interest therein from the date of the taking or use
to the date of the judgment; and the court may order
the payment of delinquent taxes and special
assessments out of the amount so awarded as just
compensation and may make any other orders with respect
to encumbrances, rents, insurance, and other charges,
if any, as shall be just and equitable.
(5) When required by the exigencies of the disaster, to
sell, lend, rent, give, or distribute all or any part of
property so or otherwise acquired to the inhabitants of
this State, or to political subdivisions of this State, or,
under the interstate mutual aid agreements or compacts as

are entered into under the provisions of subparagraph (5)
of paragraph (c) of Section 6 to other states, and to
account for and transmit to the State Treasurer all funds,
if any, received therefor.
(6) To recommend the evacuation of all or part of the
population from any stricken or threatened area within the
State if the Governor deems this action necessary.
(7) To prescribe routes, modes of transportation, and
destinations in connection with evacuation.
(8) To control ingress and egress to and from a
disaster area, the movement of persons within the area, and
the occupancy of premises therein.
(9) To suspend or limit the sale, dispensing, or
transportation of alcoholic beverages, firearms,
explosives, and combustibles.
(10) To make provision for the availability and use of
temporary emergency housing.
(11) A proclamation of a disaster shall activate the
State Emergency Operations Plan, and political subdivision
emergency operations plans applicable to the political
subdivision or area in question and be authority for the
deployment and use of any forces that the plan or plans
apply and for use or distribution of any supplies,
equipment, and materials and facilities assembled,
stockpiled or arranged to be made available under this Act
or any other provision of law relating to disasters.

(12) Control, restrict, and regulate by rationing,
freezing, use of quotas, prohibitions on shipments, price
fixing, allocation or other means, the use, sale or
distribution of food, feed, fuel, clothing and other
commodities, materials, goods, or services; and perform
and exercise any other functions, powers, and duties as may
be necessary to promote and secure the safety and
protection of the civilian population.
(13) During the continuance of any disaster the
Governor is commander-in-chief of the organized and
unorganized militia and of all other forces available for
emergency duty. To the greatest extent practicable, the
Governor shall delegate or assign command authority to do
so by orders issued at the time of the disaster.
(14) Prohibit increases in the prices of goods and
services during a disaster.
(Source: P.A. 92-73, eff. 1-1-02; revised 9-28-17.)
Section 110. The State Historical Library Act is amended by
changing Section 5.1 as follows:
(20 ILCS 3425/5.1) (from Ch. 128, par. 16.1)
Sec. 5.1. The State Historian shall establish and supervise
a program within the Abraham Lincoln Presidential Library and
Museum designed to preserve as historical records selected past
editions of newspapers of this State. Such editions shall be

preserved in accordance with industry standards and shall be
stored in a place provided by the Abraham Lincoln Presidential
Library and Museum and other materials shall be stored in a
place provided by the Abraham Lincoln Presidential Library and
Museum.
The State Historian shall determine on the basis of
historical value the various newspaper edition files which
shall be preserved preservation. The State Historian or his or
her designee shall supervise the making of arrangements for
acquiring access to past edition files with the editors or
publishers of the various newspapers.
Upon payment to the Abraham Lincoln Presidential Library
and Museum of the required fee, any person or organization
shall be granted access to the preserved editions of edition
newspapers and all records. The fee required shall be
determined by the State Historian and shall be equal in amount
to the cost incurred by the Abraham Lincoln Presidential
Library and Museum in granting such access.
(Source: P.A. 100-120, eff. 8-18-17; 100-164, eff. 8-18-17;
revised 9-28-17.)
Section 115. The Old State Capitol Act is amended by
changing Section 1 as follows:
(20 ILCS 3430/1) (from Ch. 123, par. 52)
Sec. 1. As used in this Act: ,

(a) "Old State Capitol Complex" means the Old State Capitol
reconstructed under the "1961 Act" in Springfield and includes
space also occupied by the Abraham Lincoln Presidential Library
and Museum and an underground parking garage. ;
(b) "1961 Act" means "An Act providing for the
reconstruction and restoration of the old State Capitol at
Springfield and providing for the custody thereof", approved
August 24, 1961, as amended. ;
(c) "Board of Trustees" means the Board of Trustees of the
Historic Preservation Agency.
(Source: P.A. 100-120, eff. 8-18-17; revised 9-28-17.)
Section 120. The Abraham Lincoln Presidential Library and
Museum Act is amended by changing Section 20 as follows:
(20 ILCS 3475/20)
Sec. 20. Composition of the Board. The Board of Trustees
shall consist of 11 members to be appointed by the Governor,
with the advice and consent of the Senate. The Board shall
consist of members with the following qualifications:
(1) One member shall have recognized knowledge and
ability in matters related to business administration.
(2) One member shall have recognized knowledge and
ability in matters related to the history of Abraham
Lincoln.
(3) One member shall have recognized knowledge and

ability in matters related to the history of Illinois.
(4) One member shall have recognized knowledge and
ability in matters related to library and museum studies.
(5) One member shall have recognized knowledge and
ability in matters related to historic preservation.
(6) One member shall have recognized knowledge and
ability in matters related to cultural tourism.
(7) One member shall have recognized knowledge and
ability in matters related to conservation, digitization,
and technological innovation.
The initial terms of office shall be designated by the
Governor as follows: one member to serve for a term of one
year, 2 members to serve for a term of 2 years, 2 members to
serve for a term of 3 years, 2 members to serve for a term of 4
years, 2 members to serve for a term of 5 years, and 2 members
to serve for a term of 6 years. Thereafter, all appointments
shall be for a term of 6 years. The Governor shall appoint one
of the members to serve as chairperson at the pleasure of the
Governor.
The members of the Board shall serve without compensation
but shall be entitled to reimbursement for all necessary
expenses incurred in the performance of their official duties
as members of the Board from funds appropriated for that
purpose.
To facilitate communication and cooperation between the
Agency and the Abraham Lincoln Presidential Library

Foundation, the Foundation CEO shall serve as a non-voting, ex
officio ex-officio member of the Board.
(Source: P.A. 100-120, eff. 8-18-17; revised 9-28-17.)
Section 125. The Illinois Power Agency Act is amended by
changing Sections 1-60 and 1-75 as follows:
(20 ILCS 3855/1-60)
Sec. 1-60. Moneys made available by private or public
entities. (a) The Agency may apply for, receive, expend,
allocate, or disburse funds and moneys made available by public
or private entities, including, but not limited to, contracts,
private or public financial gifts, bequests, grants, or
donations from individuals, corporations, foundations, or
public or private institutions of higher learning. All funds
received by the Agency from these sources shall be deposited:
(1) into the Illinois Power Agency Operations Fund, if
for general Agency operations, to be held by the State
Treasurer as ex officio custodian, and subject to the
Comptroller-Treasurer, voucher-warrant system; or
(2) into the Illinois Power Agency Facilities Fund, if
for costs incurred in connection with the development and
construction of a facility by the Agency, to be held by the
State Treasurer as ex officio custodian, and subject to the
Comptroller-Treasurer, voucher-warrant system.
Any funds received, expended, allocated, or disbursed

shall be expended by the Agency for the purposes as indicated
by the grantor, donor, or, in the case of funds or moneys given
or donated for no specific purposes, for any purpose deemed
appropriate by the Director in administering the
responsibilities of the Agency as set forth in this Act.
(Source: P.A. 95-481, eff. 8-28-07; revised 9-25-17.)
(20 ILCS 3855/1-75)
Sec. 1-75. Planning and Procurement Bureau. The Planning
and Procurement Bureau has the following duties and
responsibilities:
(a) The Planning and Procurement Bureau shall each year,
beginning in 2008, develop procurement plans and conduct
competitive procurement processes in accordance with the
requirements of Section 16-111.5 of the Public Utilities Act
for the eligible retail customers of electric utilities that on
December 31, 2005 provided electric service to at least 100,000
customers in Illinois. Beginning with the delivery year
commencing on June 1, 2017, the Planning and Procurement Bureau
shall develop plans and processes for the procurement of zero
emission credits from zero emission facilities in accordance
with the requirements of subsection (d-5) of this Section. The
Planning and Procurement Bureau shall also develop procurement
plans and conduct competitive procurement processes in
accordance with the requirements of Section 16-111.5 of the
Public Utilities Act for the eligible retail customers of small

multi-jurisdictional electric utilities that (i) on December
31, 2005 served less than 100,000 customers in Illinois and
(ii) request a procurement plan for their Illinois
jurisdictional load. This Section shall not apply to a small
multi-jurisdictional utility until such time as a small
multi-jurisdictional utility requests the Agency to prepare a
procurement plan for their Illinois jurisdictional load. For
the purposes of this Section, the term "eligible retail
customers" has the same definition as found in Section
16-111.5(a) of the Public Utilities Act.
Beginning with the plan or plans to be implemented in the
2017 delivery year, the Agency shall no longer include the
procurement of renewable energy resources in the annual
procurement plans required by this subsection (a), except as
provided in subsection (q) of Section 16-111.5 of the Public
Utilities Act, and shall instead develop a long-term renewable
resources procurement plan in accordance with subsection (c) of
this Section and Section 16-111.5 of the Public Utilities Act.
(1) The Agency shall each year, beginning in 2008, as
needed, issue a request for qualifications for experts or
expert consulting firms to develop the procurement plans in
accordance with Section 16-111.5 of the Public Utilities
Act. In order to qualify an expert or expert consulting
firm must have:
(A) direct previous experience assembling
large-scale power supply plans or portfolios for

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

engineering, or a related area of study;
(C) 10 years of experience in the electricity
sector, including risk management experience;
(D) expertise in wholesale electricity market
rules, including those established by the Federal
Energy Regulatory Commission and regional transmission
organizations;
(E) expertise in credit and contract protocols;
(F) adequate resources to perform and fulfill the
required functions and responsibilities; and
(G) the absence of a conflict of interest and
inappropriate bias for or against potential bidders or
the affected electric utilities.
(3) The Agency shall provide affected utilities and
other interested parties with the lists of qualified
experts or expert consulting firms identified through the
request for qualifications processes that are under
consideration to develop the procurement plans and to serve
as the procurement administrator. The Agency shall also
provide each qualified expert's or expert consulting
firm's response to the request for qualifications. All
information provided under this subparagraph shall also be
provided to the Commission. The Agency may provide by rule
for fees associated with supplying the information to
utilities and other interested parties. These parties
shall, within 5 business days, notify the Agency in writing

if they object to any experts or expert consulting firms on
the lists. Objections shall be based on:
(A) failure to satisfy qualification criteria;
(B) identification of a conflict of interest; or
(C) evidence of inappropriate bias for or against
potential bidders or the affected utilities.
The Agency shall remove experts or expert consulting
firms from the lists within 10 days if there is a
reasonable basis for an objection and provide the updated
lists to the affected utilities and other interested
parties. If the Agency fails to remove an expert or expert
consulting firm from a list, an objecting party may seek
review by the Commission within 5 days thereafter by filing
a petition, and the Commission shall render a ruling on the
petition within 10 days. There is no right of appeal of the
Commission's ruling.
(4) The Agency shall issue requests for proposals to
the qualified experts or expert consulting firms to develop
a procurement plan for the affected utilities and to serve
as procurement administrator.
(5) The Agency shall select an expert or expert
consulting firm to develop procurement plans based on the
proposals submitted and shall award contracts of up to 5
years to those selected.
(6) The Agency shall select an expert or expert
consulting firm, with approval of the Commission, to serve

as procurement administrator based on the proposals
submitted. If the Commission rejects, within 5 days, the
Agency's selection, the Agency shall submit another
recommendation within 3 days based on the proposals
submitted. The Agency shall award a 5-year contract to the
expert or expert consulting firm so selected with
Commission approval.
(b) The experts or expert consulting firms retained by the
Agency shall, as appropriate, prepare procurement plans, and
conduct a competitive procurement process as prescribed in
Section 16-111.5 of the Public Utilities Act, to ensure
adequate, reliable, affordable, efficient, and environmentally
sustainable electric service at the lowest total cost over
time, taking into account any benefits of price stability, for
eligible retail customers of electric utilities that on
December 31, 2005 provided electric service to at least 100,000
customers in the State of Illinois, and for eligible Illinois
retail customers of small multi-jurisdictional electric
utilities that (i) on December 31, 2005 served less than
100,000 customers in Illinois and (ii) request a procurement
plan for their Illinois jurisdictional load.
(c) Renewable portfolio standard.
(1)(A) The Agency shall develop a long-term renewable
resources procurement plan that shall include procurement
programs and competitive procurement events necessary to
meet the goals set forth in this subsection (c). The

initial long-term renewable resources procurement plan
shall be released for comment no later than 160 days after
June 1, 2017 (the effective date of Public Act 99-906) this
amendatory Act of the 99th General Assembly. The Agency
shall review, and may revise on an expedited basis, the
long-term renewable resources procurement plan at least
every 2 years, which shall be conducted in conjunction with
the procurement plan under Section 16-111.5 of the Public
Utilities Act to the extent practicable to minimize
administrative expense. The long-term renewable resources
procurement plans shall be subject to review and approval
by the Commission under Section 16-111.5 of the Public
Utilities Act.
(B) Subject to subparagraph (F) of this paragraph (1),
the long-term renewable resources procurement plan shall
include the goals for procurement of renewable energy
credits to meet at least the following overall percentages:
13% by the 2017 delivery year; increasing by at least 1.5%
each delivery year thereafter to at least 25% by the 2025
delivery year; and continuing at no less than 25% for each
delivery year thereafter. In the event of a conflict
between these goals and the new wind and new photovoltaic
procurement requirements described in items (i) through
(iii) of subparagraph (C) of this paragraph (1), the
long-term plan shall prioritize compliance with the new
wind and new photovoltaic procurement requirements

described in items (i) through (iii) of subparagraph (C) of
this paragraph (1) over the annual percentage targets
described in this subparagraph (B).
For the delivery year beginning June 1, 2017, the
procurement plan shall include cost-effective renewable
energy resources equal to at least 13% of each utility's
load for eligible retail customers and 13% of the
applicable portion of each utility's load for retail
customers who are not eligible retail customers, which
applicable portion shall equal 50% of the utility's load
for retail customers who are not eligible retail customers
on February 28, 2017.
For the delivery year beginning June 1, 2018, the
procurement plan shall include cost-effective renewable
energy resources equal to at least 14.5% of each utility's
load for eligible retail customers and 14.5% of the
applicable portion of each utility's load for retail
customers who are not eligible retail customers, which
applicable portion shall equal 75% of the utility's load
for retail customers who are not eligible retail customers
on February 28, 2017.
For the delivery year beginning June 1, 2019, and for
each year thereafter, the procurement plans shall include
cost-effective renewable energy resources equal to a
minimum percentage of each utility's load for all retail
customers as follows: 16% by June 1, 2019; increasing by

1.5% each year thereafter to 25% by June 1, 2025; and 25%
by June 1, 2026 and each year thereafter.
For each delivery year, the Agency shall first
recognize each utility's obligations for that delivery
year under existing contracts. Any renewable energy
credits under existing contracts, including renewable
energy credits as part of renewable energy resources, shall
be used to meet the goals set forth in this subsection (c)
for the delivery year.
(C) Of the renewable energy credits procured under this
subsection (c), at least 75% shall come from wind and
photovoltaic projects. The long-term renewable resources
procurement plan described in subparagraph (A) of this
paragraph (1) shall include the procurement of renewable
energy credits in amounts equal to at least the following:
(i) By the end of the 2020 delivery year:
At least 2,000,000 renewable energy credits
for each delivery year shall come from new wind
projects; and
At least 2,000,000 renewable energy credits
for each delivery year shall come from new
photovoltaic projects; of that amount, to the
extent possible, the Agency shall procure: at
least 50% from solar photovoltaic projects using
the program outlined in subparagraph (K) of this
paragraph (1) from distributed renewable energy

generation devices or community renewable
generation projects; at least 40% from
utility-scale solar projects; at least 2% from
brownfield site photovoltaic projects that are not
community renewable generation projects; and the
remainder shall be determined through the
long-term planning process described in
subparagraph (A) of this paragraph (1).
(ii) By the end of the 2025 delivery year:
At least 3,000,000 renewable energy credits
for each delivery year shall come from new wind
projects; and
At least 3,000,000 renewable energy credits
for each delivery year shall come from new
photovoltaic projects; of that amount, to the
extent possible, the Agency shall procure: at
least 50% from solar photovoltaic projects using
the program outlined in subparagraph (K) of this
paragraph (1) from distributed renewable energy
devices or community renewable generation
projects; at least 40% from utility-scale solar
projects; at least 2% from brownfield site
photovoltaic projects that are not community
renewable generation projects; and the remainder
shall be determined through the long-term planning
process described in subparagraph (A) of this

paragraph (1).
(iii) By the end of the 2030 delivery year:
At least 4,000,000 renewable energy credits
for each delivery year shall come from new wind
projects; and
At least 4,000,000 renewable energy credits
for each delivery year shall come from new
photovoltaic projects; of that amount, to the
extent possible, the Agency shall procure: at
least 50% from solar photovoltaic projects using
the program outlined in subparagraph (K) of this
paragraph (1) from distributed renewable energy
devices or community renewable generation
projects; at least 40% from utility-scale solar
projects; at least 2% from brownfield site
photovoltaic projects that are not community
renewable generation projects; and the remainder
shall be determined through the long-term planning
process described in subparagraph (A) of this
paragraph (1).
For purposes of this Section:
"New wind projects" means wind renewable
energy facilities that are energized after June 1,
2017 for the delivery year commencing June 1, 2017
or within 3 years after the date the Commission
approves contracts for subsequent delivery years.

"New photovoltaic projects" means photovoltaic
renewable energy facilities that are energized
after June 1, 2017. Photovoltaic projects
developed under Section 1-56 of this Act shall not
apply towards the new photovoltaic project
requirements in this subparagraph (C).
(D) Renewable energy credits shall be cost effective.
For purposes of this subsection (c), "cost effective" means
that the costs of procuring renewable energy resources do
not cause the limit stated in subparagraph (E) of this
paragraph (1) to be exceeded and, for renewable energy
credits procured through a competitive procurement event,
do not exceed benchmarks based on market prices for like
products in the region. For purposes of this subsection
(c), "like products" means contracts for renewable energy
credits from the same or substantially similar technology,
same or substantially similar vintage (new or existing),
the same or substantially similar quantity, and the same or
substantially similar contract length and structure.
Benchmarks shall be developed by the procurement
administrator, in consultation with the Commission staff,
Agency staff, and the procurement monitor and shall be
subject to Commission review and approval. If price
benchmarks for like products in the region are not
available, the procurement administrator shall establish
price benchmarks based on publicly available data on

regional technology costs and expected current and future
regional energy prices. The benchmarks in this Section
shall not be used to curtail or otherwise reduce
contractual obligations entered into by or through the
Agency prior to June 1, 2017 (the effective date of Public
Act 99-906) this amendatory Act of the 99th General
Assembly.
(E) For purposes of this subsection (c), the required
procurement of cost-effective renewable energy resources
for a particular year commencing prior to June 1, 2017
shall be measured as a percentage of the actual amount of
electricity (megawatt-hours) supplied by the electric
utility to eligible retail customers in the delivery year
ending immediately prior to the procurement, and, for
delivery years commencing on and after June 1, 2017, the
required procurement of cost-effective renewable energy
resources for a particular year shall be measured as a
percentage of the actual amount of electricity
(megawatt-hours) delivered by the electric utility in the
delivery year ending immediately prior to the procurement,
to all retail customers in its service territory. For
purposes of this subsection (c), the amount paid per
kilowatthour means the total amount paid for electric
service expressed on a per kilowatthour basis. For purposes
of this subsection (c), the total amount paid for electric
service includes without limitation amounts paid for

supply, transmission, distribution, surcharges, and add-on
taxes.
Notwithstanding the requirements of this subsection
(c), the total of renewable energy resources procured under
the procurement plan for any single year shall be subject
to the limitations of this subparagraph (E). Such
procurement shall be reduced for all retail customers based
on the amount necessary to limit the annual estimated
average net increase due to the costs of these resources
included in the amounts paid by eligible retail customers
in connection with electric service to no more than the
greater of 2.015% of the amount paid per kilowatthour by
those customers during the year ending May 31, 2007 or the
incremental amount per kilowatthour paid for these
resources in 2011. To arrive at a maximum dollar amount of
renewable energy resources to be procured for the
particular delivery year, the resulting per kilowatthour
amount shall be applied to the actual amount of
kilowatthours of electricity delivered, or applicable
portion of such amount as specified in paragraph (1) of
this subsection (c), as applicable, by the electric utility
in the delivery year immediately prior to the procurement
to all retail customers in its service territory. The
calculations required by this subparagraph (E) shall be
made only once for each delivery year at the time that the
renewable energy resources are procured. Once the

determination as to the amount of renewable energy
resources to procure is made based on the calculations set
forth in this subparagraph (E) and the contracts procuring
those amounts are executed, no subsequent rate impact
determinations shall be made and no adjustments to those
contract amounts shall be allowed. All costs incurred under
such contracts shall be fully recoverable by the electric
utility as provided in this Section.
(F) If the limitation on the amount of renewable energy
resources procured in subparagraph (E) of this paragraph
(1) prevents the Agency from meeting all of the goals in
this subsection (c), the Agency's long-term plan shall
prioritize compliance with the requirements of this
subsection (c) regarding renewable energy credits in the
following order:
(i) renewable energy credits under existing
contractual obligations;
(i-5) funding for the Illinois Solar for All
Program, as described in subparagraph (O) of this
paragraph (1);
(ii) renewable energy credits necessary to comply
with the new wind and new photovoltaic procurement
requirements described in items (i) through (iii) of
subparagraph (C) of this paragraph (1); and
(iii) renewable energy credits necessary to meet
the remaining requirements of this subsection (c).

(G) The following provisions shall apply to the
Agency's procurement of renewable energy credits under
this subsection (c):
(i) Notwithstanding whether a long-term renewable
resources procurement plan has been approved, the
Agency shall conduct an initial forward procurement
for renewable energy credits from new utility-scale
wind projects within 160 days after June 1, 2017 (the
effective date of Public Act 99-906) this amendatory
Act of the 99th General Assembly. For the purposes of
this initial forward procurement, the Agency shall
solicit 15-year contracts for delivery of 1,000,000
renewable energy credits delivered annually from new
utility-scale wind projects to begin delivery on June
1, 2019, if available, but not later than June 1, 2021.
Payments to suppliers of renewable energy credits
shall commence upon delivery. Renewable energy credits
procured under this initial procurement shall be
included in the Agency's long-term plan and shall apply
to all renewable energy goals in this subsection (c).
(ii) Notwithstanding whether a long-term renewable
resources procurement plan has been approved, the
Agency shall conduct an initial forward procurement
for renewable energy credits from new utility-scale
solar projects and brownfield site photovoltaic
projects within one year after June 1, 2017 (the

effective date of Public Act 99-906) this amendatory
Act of the 99th General Assembly. For the purposes of
this initial forward procurement, the Agency shall
solicit 15-year contracts for delivery of 1,000,000
renewable energy credits delivered annually from new
utility-scale solar projects and brownfield site
photovoltaic projects to begin delivery on June 1,
2019, if available, but not later than June 1, 2021.
The Agency may structure this initial procurement in
one or more discrete procurement events. Payments to
suppliers of renewable energy credits shall commence
upon delivery. Renewable energy credits procured under
this initial procurement shall be included in the
Agency's long-term plan and shall apply to all
renewable energy goals in this subsection (c).
(iii) Subsequent forward procurements for
utility-scale wind projects shall solicit at least
1,000,000 renewable energy credits delivered annually
per procurement event and shall be planned, scheduled,
and designed such that the cumulative amount of
renewable energy credits delivered from all new wind
projects in each delivery year shall not exceed the
Agency's projection of the cumulative amount of
renewable energy credits that will be delivered from
all new photovoltaic projects, including utility-scale
and distributed photovoltaic devices, in the same

delivery year at the time scheduled for wind contract
delivery.
(iv) If, at any time after the time set for
delivery of renewable energy credits pursuant to the
initial procurements in items (i) and (ii) of this
subparagraph (G), the cumulative amount of renewable
energy credits projected to be delivered from all new
wind projects in a given delivery year exceeds the
cumulative amount of renewable energy credits
projected to be delivered from all new photovoltaic
projects in that delivery year by 200,000 or more
renewable energy credits, then the Agency shall within
60 days adjust the procurement programs in the
long-term renewable resources procurement plan to
ensure that the projected cumulative amount of
renewable energy credits to be delivered from all new
wind projects does not exceed the projected cumulative
amount of renewable energy credits to be delivered from
all new photovoltaic projects by 200,000 or more
renewable energy credits, provided that nothing in
this Section shall preclude the projected cumulative
amount of renewable energy credits to be delivered from
all new photovoltaic projects from exceeding the
projected cumulative amount of renewable energy
credits to be delivered from all new wind projects in
each delivery year and provided further that nothing in

this item (iv) shall require the curtailment of an
executed contract. The Agency shall update, on a
quarterly basis, its projection of the renewable
energy credits to be delivered from all projects in
each delivery year. Notwithstanding anything to the
contrary, the Agency may adjust the timing of
procurement events conducted under this subparagraph
(G). The long-term renewable resources procurement
plan shall set forth the process by which the
adjustments may be made.
(v) All procurements under this subparagraph (G)
shall comply with the geographic requirements in
subparagraph (I) of this paragraph (1) and shall follow
the procurement processes and procedures described in
this Section and Section 16-111.5 of the Public
Utilities Act to the extent practicable, and these
processes and procedures may be expedited to
accommodate the schedule established by this
subparagraph (G).
(H) The procurement of renewable energy resources for a
given delivery year shall be reduced as described in this
subparagraph (H) if an alternative alternate retail
electric supplier meets the requirements described in this
subparagraph (H).
(i) Within 45 days after June 1, 2017 (the
effective date of Public Act 99-906) this amendatory

Act of the 99th General Assembly, an alternative retail
electric supplier or its successor shall submit an
informational filing to the Illinois Commerce
Commission certifying that, as of December 31, 2015,
the alternative retail electric supplier owned one or
more electric generating facilities that generates
renewable energy resources as defined in Section 1-10
of this Act, provided that such facilities are not
powered by wind or photovoltaics, and the facilities
generate one renewable energy credit for each
megawatthour of energy produced from the facility.
The informational filing shall identify each
facility that was eligible to satisfy the alternative
retail electric supplier's obligations under Section
16-115D of the Public Utilities Act as described in
this item (i).
(ii) For a given delivery year, the alternative
retail electric supplier may elect to supply its retail
customers with renewable energy credits from the
facility or facilities described in item (i) of this
subparagraph (H) that continue to be owned by the
alternative retail electric supplier.
(iii) The alternative retail electric supplier
shall notify the Agency and the applicable utility, no
later than February 28 of the year preceding the
applicable delivery year or 15 days after June 1, 2017

(the effective date of Public Act 99-906) this
amendatory Act of the 99th General Assembly, whichever
is later, of its election under item (ii) of this
subparagraph (H) to supply renewable energy credits to
retail customers of the utility. Such election shall
identify the amount of renewable energy credits to be
supplied by the alternative retail electric supplier
to the utility's retail customers and the source of the
renewable energy credits identified in the
informational filing as described in item (i) of this
subparagraph (H), subject to the following
limitations:
For the delivery year beginning June 1, 2018,
the maximum amount of renewable energy credits to
be supplied by an alternative retail electric
supplier under this subparagraph (H) shall be 68%
multiplied by 25% multiplied by 14.5% multiplied
by the amount of metered electricity
(megawatt-hours) delivered by the alternative
retail electric supplier to Illinois retail
customers during the delivery year ending May 31,
2016.
For delivery years beginning June 1, 2019 and
each year thereafter, the maximum amount of
renewable energy credits to be supplied by an
alternative retail electric supplier under this

subparagraph (H) shall be 68% multiplied by 50%
multiplied by 16% multiplied by the amount of
metered electricity (megawatt-hours) delivered by
the alternative retail electric supplier to
Illinois retail customers during the delivery year
ending May 31, 2016, provided that the 16% value
shall increase by 1.5% each delivery year
thereafter to 25% by the delivery year beginning
June 1, 2025, and thereafter the 25% value shall
apply to each delivery year.
For each delivery year, the total amount of
renewable energy credits supplied by all alternative
retail electric suppliers under this subparagraph (H)
shall not exceed 9% of the Illinois target renewable
energy credit quantity. The Illinois target renewable
energy credit quantity for the delivery year beginning
June 1, 2018 is 14.5% multiplied by the total amount of
metered electricity (megawatt-hours) delivered in the
delivery year immediately preceding that delivery
year, provided that the 14.5% shall increase by 1.5%
each delivery year thereafter to 25% by the delivery
year beginning June 1, 2025, and thereafter the 25%
value shall apply to each delivery year.
If the requirements set forth in items (i) through
(iii) of this subparagraph (H) are met, the charges
that would otherwise be applicable to the retail

customers of the alternative retail electric supplier
under paragraph (6) of this subsection (c) for the
applicable delivery year shall be reduced by the ratio
of the quantity of renewable energy credits supplied by
the alternative retail electric supplier compared to
that supplier's target renewable energy credit
quantity. The supplier's target renewable energy
credit quantity for the delivery year beginning June 1,
2018 is 14.5% multiplied by the total amount of metered
electricity (megawatt-hours) delivered by the
alternative retail supplier in that delivery year,
provided that the 14.5% shall increase by 1.5% each
delivery year thereafter to 25% by the delivery year
beginning June 1, 2025, and thereafter the 25% value
shall apply to each delivery year.
On or before April 1 of each year, the Agency shall
annually publish a report on its website that
identifies the aggregate amount of renewable energy
credits supplied by alternative retail electric
suppliers under this subparagraph (H).
(I) The Agency shall design its long-term renewable
energy procurement plan to maximize the State's interest in
the health, safety, and welfare of its residents, including
but not limited to minimizing sulfur dioxide, nitrogen
oxide, particulate matter and other pollution that
adversely affects public health in this State, increasing

fuel and resource diversity in this State, enhancing the
reliability and resiliency of the electricity distribution
system in this State, meeting goals to limit carbon dioxide
emissions under federal or State law, and contributing to a
cleaner and healthier environment for the citizens of this
State. In order to further these legislative purposes,
renewable energy credits shall be eligible to be counted
toward the renewable energy requirements of this
subsection (c) if they are generated from facilities
located in this State. The Agency may qualify renewable
energy credits from facilities located in states adjacent
to Illinois if the generator demonstrates and the Agency
determines that the operation of such facility or
facilities will help promote the State's interest in the
health, safety, and welfare of its residents based on the
public interest criteria described above. To ensure that
the public interest criteria are applied to the procurement
and given full effect, the Agency's long-term procurement
plan shall describe in detail how each public interest
factor shall be considered and weighted for facilities
located in states adjacent to Illinois.
(J) In order to promote the competitive development of
renewable energy resources in furtherance of the State's
interest in the health, safety, and welfare of its
residents, renewable energy credits shall not be eligible
to be counted toward the renewable energy requirements of

this subsection (c) if they are sourced from a generating
unit whose costs were being recovered through rates
regulated by this State or any other state or states on or
after January 1, 2017. Each contract executed to purchase
renewable energy credits under this subsection (c) shall
provide for the contract's termination if the costs of the
generating unit supplying the renewable energy credits
subsequently begin to be recovered through rates regulated
by this State or any other state or states; and each
contract shall further provide that, in that event, the
supplier of the credits must return 110% of all payments
received under the contract. Amounts returned under the
requirements of this subparagraph (J) shall be retained by
the utility and all of these amounts shall be used for the
procurement of additional renewable energy credits from
new wind or new photovoltaic resources as defined in this
subsection (c). The long-term plan shall provide that these
renewable energy credits shall be procured in the next
procurement event.
Notwithstanding the limitations of this subparagraph
(J), renewable energy credits sourced from generating
units that are constructed, purchased, owned, or leased by
an electric utility as part of an approved project,
program, or pilot under Section 1-56 of this Act shall be
eligible to be counted toward the renewable energy
requirements of this subsection (c), regardless of how the

costs of these units are recovered.
(K) The long-term renewable resources procurement plan
developed by the Agency in accordance with subparagraph (A)
of this paragraph (1) shall include an Adjustable Block
program for the procurement of renewable energy credits
from new photovoltaic projects that are distributed
renewable energy generation devices or new photovoltaic
community renewable generation projects. The Adjustable
Block program shall be designed to provide a transparent
schedule of prices and quantities to enable the
photovoltaic market to scale up and for renewable energy
credit prices to adjust at a predictable rate over time.
The prices set by the Adjustable Block program can be
reflected as a set value or as the product of a formula.
The Adjustable Block program shall include for each
category of eligible projects: a schedule of standard block
purchase prices to be offered; a series of steps, with
associated nameplate capacity and purchase prices that
adjust from step to step; and automatic opening of the next
step as soon as the nameplate capacity and available
purchase prices for an open step are fully committed or
reserved. Only projects energized on or after June 1, 2017
shall be eligible for the Adjustable Block program. For
each block group the Agency shall determine the number of
blocks, the amount of generation capacity in each block,
and the purchase price for each block, provided that the

purchase price provided and the total amount of generation
in all blocks for all block groups shall be sufficient to
meet the goals in this subsection (c). The Agency may
periodically review its prior decisions establishing the
number of blocks, the amount of generation capacity in each
block, and the purchase price for each block, and may
propose, on an expedited basis, changes to these previously
set values, including but not limited to redistributing
these amounts and the available funds as necessary and
appropriate, subject to Commission approval as part of the
periodic plan revision process described in Section
16-111.5 of the Public Utilities Act. The Agency may define
different block sizes, purchase prices, or other distinct
terms and conditions for projects located in different
utility service territories if the Agency deems it
necessary to meet the goals in this subsection (c).
The Adjustable Block program shall include at least the
following block groups in at least the following amounts,
which may be adjusted upon review by the Agency and
approval by the Commission as described in this
subparagraph (K):
(i) At least 25% from distributed renewable energy
generation devices with a nameplate capacity of no more
than 10 kilowatts.
(ii) At least 25% from distributed renewable
energy generation devices with a nameplate capacity of

more than 10 kilowatts and no more than 2,000
kilowatts. The Agency may create sub-categories within
this category to account for the differences between
projects for small commercial customers, large
commercial customers, and public or non-profit
customers.
(iii) At least 25% from photovoltaic community
renewable generation projects.
(iv) The remaining 25% shall be allocated as
specified by the Agency in the long-term renewable
resources procurement plan.
The Adjustable Block program shall be designed to
ensure that renewable energy credits are procured from
photovoltaic distributed renewable energy generation
devices and new photovoltaic community renewable energy
generation projects in diverse locations and are not
concentrated in a few geographic areas.
(L) The procurement of photovoltaic renewable energy
credits under items (i) through (iv) of subparagraph (K) of
this paragraph (1) shall be subject to the following
contract and payment terms:
(i) The Agency shall procure contracts of at least
15 years in length.
(ii) For those renewable energy credits that
qualify and are procured under item (i) of subparagraph
(K) of this paragraph (1), the renewable energy credit

purchase price shall be paid in full by the contracting
utilities at the time that the facility producing the
renewable energy credits is interconnected at the
distribution system level of the utility and
energized. The electric utility shall receive and
retire all renewable energy credits generated by the
project for the first 15 years of operation.
(iii) For those renewable energy credits that
qualify and are procured under item (ii) and (iii) of
subparagraph (K) of this paragraph (1) and any
additional categories of distributed generation
included in the long-term renewable resources
procurement plan and approved by the Commission, 20
percent of the renewable energy credit purchase price
shall be paid by the contracting utilities at the time
that the facility producing the renewable energy
credits is interconnected at the distribution system
level of the utility and energized. The remaining
portion shall be paid ratably over the subsequent
4-year period. The electric utility shall receive and
retire all renewable energy credits generated by the
project for the first 15 years of operation.
(iv) Each contract shall include provisions to
ensure the delivery of the renewable energy credits for
the full term of the contract.
(v) The utility shall be the counterparty to the

contracts executed under this subparagraph (L) that
are approved by the Commission under the process
described in Section 16-111.5 of the Public Utilities
Act. No contract shall be executed for an amount that
is less than one renewable energy credit per year.
(vi) If, at any time, approved applications for the
Adjustable Block program exceed funds collected by the
electric utility or would cause the Agency to exceed
the limitation described in subparagraph (E) of this
paragraph (1) on the amount of renewable energy
resources that may be procured, then the Agency shall
consider future uncommitted funds to be reserved for
these contracts on a first-come, first-served basis,
with the delivery of renewable energy credits required
beginning at the time that the reserved funds become
available.
(vii) Nothing in this Section shall require the
utility to advance any payment or pay any amounts that
exceed the actual amount of revenues collected by the
utility under paragraph (6) of this subsection (c) and
subsection (k) of Section 16-108 of the Public
Utilities Act, and contracts executed under this
Section shall expressly incorporate this limitation.
(M) The Agency shall be authorized to retain one or
more experts or expert consulting firms to develop,
administer, implement, operate, and evaluate the

Adjustable Block program described in subparagraph (K) of
this paragraph (1), and the Agency shall retain the
consultant or consultants in the same manner, to the extent
practicable, as the Agency retains others to administer
provisions of this Act, including, but not limited to, the
procurement administrator. The selection of experts and
expert consulting firms and the procurement process
described in this subparagraph (M) are exempt from the
requirements of Section 20-10 of the Illinois Procurement
Code, under Section 20-10 of that Code. The Agency shall
strive to minimize administrative expenses in the
implementation of the Adjustable Block program.
The Agency and its consultant or consultants shall
monitor block activity, share program activity with
stakeholders and conduct regularly scheduled meetings to
discuss program activity and market conditions. If
necessary, the Agency may make prospective administrative
adjustments to the Adjustable Block program design, such as
redistributing available funds or making adjustments to
purchase prices as necessary to achieve the goals of this
subsection (c). Program modifications to any price,
capacity block, or other program element that do not
deviate from the Commission's approved value by more than
25% shall take effect immediately and are not subject to
Commission review and approval. Program modifications to
any price, capacity block, or other program element that

deviate more than 25% from the Commission's approved value
must be approved by the Commission as a long-term plan
amendment under Section 16-111.5 of the Public Utilities
Act. The Agency shall consider stakeholder feedback when
making adjustments to the Adjustable Block design and shall
notify stakeholders in advance of any planned changes.
(N) The long-term renewable resources procurement plan
required by this subsection (c) shall include a community
renewable generation program. The Agency shall establish
the terms, conditions, and program requirements for
community renewable generation projects with a goal to
expand renewable energy generating facility access to a
broader group of energy consumers, to ensure robust
participation opportunities for residential and small
commercial customers and those who cannot install
renewable energy on their own properties. Any plan approved
by the Commission shall allow subscriptions to community
renewable generation projects to be portable and
transferable. For purposes of this subparagraph (N),
"portable" means that subscriptions may be retained by the
subscriber even if the subscriber relocates or changes its
address within the same utility service territory; and
"transferable" means that a subscriber may assign or sell
subscriptions to another person within the same utility
service territory.
Electric utilities shall provide a monetary credit to a

subscriber's subsequent bill for service for the
proportional output of a community renewable generation
project attributable to that subscriber as specified in
Section 16-107.5 of the Public Utilities Act.
The Agency shall purchase renewable energy credits
from subscribed shares of photovoltaic community renewable
generation projects through the Adjustable Block program
described in subparagraph (K) of this paragraph (1) or
through the Illinois Solar for All Program described in
Section 1-56 of this Act. The electric utility shall
purchase any unsubscribed energy from community renewable
generation projects that are Qualifying Facilities ("QF")
under the electric utility's tariff for purchasing the
output from QFs under Public Utilities Regulatory Policies
Act of 1978.
The owners of and any subscribers to a community
renewable generation project shall not be considered
public utilities or alternative retail electricity
suppliers under the Public Utilities Act solely as a result
of their interest in or subscription to a community
renewable generation project and shall not be required to
become an alternative retail electric supplier by
participating in a community renewable generation project
with a public utility.
(O) For the delivery year beginning June 1, 2018, the
long-term renewable resources procurement plan required by

this subsection (c) shall provide for the Agency to procure
contracts to continue offering the Illinois Solar for All
Program described in subsection (b) of Section 1-56 of this
Act, and the contracts approved by the Commission shall be
executed by the utilities that are subject to this
subsection (c). The long-term renewable resources
procurement plan shall allocate 5% of the funds available
under the plan for the applicable delivery year, or
$10,000,000 per delivery year, whichever is greater, to
fund the programs, and the plan shall determine the amount
of funding to be apportioned to the programs identified in
subsection (b) of Section 1-56 of this Act; provided that
for the delivery years beginning June 1, 2017, June 1,
2021, and June 1, 2025, the long-term renewable resources
procurement plan shall allocate 10% of the funds available
under the plan for the applicable delivery year, or
$20,000,000 per delivery year, whichever is greater, and
$10,000,000 of such funds in such year shall be used by an
electric utility that serves more than 3,000,000 retail
customers in the State to implement a Commission-approved
plan under Section 16-108.12 of the Public Utilities Act.
In making the determinations required under this
subparagraph (O), the Commission shall consider the
experience and performance under the programs and any
evaluation reports. The Commission shall also provide for
an independent evaluation of those programs on a periodic

basis that are funded under this subparagraph (O).
(2) (Blank).
(3) (Blank).
(4) The electric utility shall retire all renewable
energy credits used to comply with the standard.
(5) Beginning with the 2010 delivery year and ending
June 1, 2017, an electric utility subject to this
subsection (c) shall apply the lesser of the maximum
alternative compliance payment rate or the most recent
estimated alternative compliance payment rate for its
service territory for the corresponding compliance period,
established pursuant to subsection (d) of Section 16-115D
of the Public Utilities Act to its retail customers that
take service pursuant to the electric utility's hourly
pricing tariff or tariffs. The electric utility shall
retain all amounts collected as a result of the application
of the alternative compliance payment rate or rates to such
customers, and, beginning in 2011, the utility shall
include in the information provided under item (1) of
subsection (d) of Section 16-111.5 of the Public Utilities
Act the amounts collected under the alternative compliance
payment rate or rates for the prior year ending May 31.
Notwithstanding any limitation on the procurement of
renewable energy resources imposed by item (2) of this
subsection (c), the Agency shall increase its spending on
the purchase of renewable energy resources to be procured

by the electric utility for the next plan year by an amount
equal to the amounts collected by the utility under the
alternative compliance payment rate or rates in the prior
year ending May 31.
(6) The electric utility shall be entitled to recover
all of its costs associated with the procurement of
renewable energy credits under plans approved under this
Section and Section 16-111.5 of the Public Utilities Act.
These costs shall include associated reasonable expenses
for implementing the procurement programs, including, but
not limited to, the costs of administering and evaluating
the Adjustable Block program, through an automatic
adjustment clause tariff in accordance with subsection (k)
of Section 16-108 of the Public Utilities Act.
(7) Renewable energy credits procured from new
photovoltaic projects or new distributed renewable energy
generation devices under this Section after June 1, 2017
(the effective date of Public Act 99-906) this amendatory
Act of the 99th General Assembly must be procured from
devices installed by a qualified person in compliance with
the requirements of Section 16-128A of the Public Utilities
Act and any rules or regulations adopted thereunder.
In meeting the renewable energy requirements of this
subsection (c), to the extent feasible and consistent with
State and federal law, the renewable energy credit
procurements, Adjustable Block solar program, and

community renewable generation program shall provide
employment opportunities for all segments of the
population and workforce, including minority-owned and
female-owned business enterprises, and shall not,
consistent with State and federal law, discriminate based
on race or socioeconomic status.
(d) Clean coal portfolio standard.
(1) The procurement plans shall include electricity
generated using clean coal. Each utility shall enter into
one or more sourcing agreements with the initial clean coal
facility, as provided in paragraph (3) of this subsection
(d), covering electricity generated by the initial clean
coal facility representing at least 5% of each utility's
total supply to serve the load of eligible retail customers
in 2015 and each year thereafter, as described in paragraph
(3) of this subsection (d), subject to the limits specified
in paragraph (2) of this subsection (d). It is the goal of
the State that by January 1, 2025, 25% of the electricity
used in the State shall be generated by cost-effective
clean coal facilities. For purposes of this subsection (d),
"cost-effective" means that the expenditures pursuant to
such sourcing agreements do not cause the limit stated in
paragraph (2) of this subsection (d) to be exceeded and do
not exceed cost-based benchmarks, which shall be developed
to assess all expenditures pursuant to such sourcing
agreements covering electricity generated by clean coal

facilities, other than the initial clean coal facility, by
the procurement administrator, in consultation with the
Commission staff, Agency staff, and the procurement
monitor and shall be subject to Commission review and
approval.
A utility party to a sourcing agreement shall
immediately retire any emission credits that it receives in
connection with the electricity covered by such agreement.
Utilities shall maintain adequate records documenting
the purchases under the sourcing agreement to comply with
this subsection (d) and shall file an accounting with the
load forecast that must be filed with the Agency by July 15
of each year, in accordance with subsection (d) of Section
16-111.5 of the Public Utilities Act.
A utility shall be deemed to have complied with the
clean coal portfolio standard specified in this subsection
(d) if the utility enters into a sourcing agreement as
required by this subsection (d).
(2) For purposes of this subsection (d), the required
execution of sourcing agreements with the initial clean
coal facility for a particular year shall be measured as a
percentage of the actual amount of electricity
(megawatt-hours) supplied by the electric utility to
eligible retail customers in the planning year ending
immediately prior to the agreement's execution. For
purposes of this subsection (d), the amount paid per

kilowatthour means the total amount paid for electric
service expressed on a per kilowatthour basis. For purposes
of this subsection (d), the total amount paid for electric
service includes without limitation amounts paid for
supply, transmission, distribution, surcharges and add-on
taxes.
Notwithstanding the requirements of this subsection
(d), the total amount paid under sourcing agreements with
clean coal facilities pursuant to the procurement plan for
any given year shall be reduced by an amount necessary to
limit the annual estimated average net increase due to the
costs of these resources included in the amounts paid by
eligible retail customers in connection with electric
service to:
(A) in 2010, no more than 0.5% of the amount paid
per kilowatthour by those customers during the year
ending May 31, 2009;
(B) in 2011, the greater of an additional 0.5% of
the amount paid per kilowatthour by those customers
during the year ending May 31, 2010 or 1% of the amount
paid per kilowatthour by those customers during the
year ending May 31, 2009;
(C) in 2012, the greater of an additional 0.5% of
the amount paid per kilowatthour by those customers
during the year ending May 31, 2011 or 1.5% of the
amount paid per kilowatthour by those customers during

the year ending May 31, 2009;
(D) in 2013, the greater of an additional 0.5% of
the amount paid per kilowatthour by those customers
during the year ending May 31, 2012 or 2% of the amount
paid per kilowatthour by those customers during the
year ending May 31, 2009; and
(E) thereafter, the total amount paid under
sourcing agreements with clean coal facilities
pursuant to the procurement plan for any single year
shall be reduced by an amount necessary to limit the
estimated average net increase due to the cost of these
resources included in the amounts paid by eligible
retail customers in connection with electric service
to no more than the greater of (i) 2.015% of the amount
paid per kilowatthour by those customers during the
year ending May 31, 2009 or (ii) the incremental amount
per kilowatthour paid for these resources in 2013.
These requirements may be altered only as provided by
statute.
No later than June 30, 2015, the Commission shall
review the limitation on the total amount paid under
sourcing agreements, if any, with clean coal facilities
pursuant to this subsection (d) and report to the General
Assembly its findings as to whether that limitation unduly
constrains the amount of electricity generated by
cost-effective clean coal facilities that is covered by

sourcing agreements.
(3) Initial clean coal facility. In order to promote
development of clean coal facilities in Illinois, each
electric utility subject to this Section shall execute a
sourcing agreement to source electricity from a proposed
clean coal facility in Illinois (the "initial clean coal
facility") that will have a nameplate capacity of at least
500 MW when commercial operation commences, that has a
final Clean Air Act permit on June 1, 2009 (the effective
date of Public Act 95-1027) this amendatory Act of the 95th
General Assembly, and that will meet the definition of
clean coal facility in Section 1-10 of this Act when
commercial operation commences. The sourcing agreements
with this initial clean coal facility shall be subject to
both approval of the initial clean coal facility by the
General Assembly and satisfaction of the requirements of
paragraph (4) of this subsection (d) and shall be executed
within 90 days after any such approval by the General
Assembly. The Agency and the Commission shall have
authority to inspect all books and records associated with
the initial clean coal facility during the term of such a
sourcing agreement. A utility's sourcing agreement for
electricity produced by the initial clean coal facility
shall include:
(A) a formula contractual price (the "contract
price") approved pursuant to paragraph (4) of this

subsection (d), which shall:
(i) be determined using a cost of service
methodology employing either a level or deferred
capital recovery component, based on a capital
structure consisting of 45% equity and 55% debt,
and a return on equity as may be approved by the
Federal Energy Regulatory Commission, which in any
case may not exceed the lower of 11.5% or the rate
of return approved by the General Assembly
pursuant to paragraph (4) of this subsection (d);
and
(ii) provide that all miscellaneous net
revenue, including but not limited to net revenue
from the sale of emission allowances, if any,
substitute natural gas, if any, grants or other
support provided by the State of Illinois or the
United States Government, firm transmission
rights, if any, by-products produced by the
facility, energy or capacity derived from the
facility and not covered by a sourcing agreement
pursuant to paragraph (3) of this subsection (d) or
item (5) of subsection (d) of Section 16-115 of the
Public Utilities Act, whether generated from the
synthesis gas derived from coal, from SNG, or from
natural gas, shall be credited against the revenue
requirement for this initial clean coal facility;

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

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

of Section 16-115 of the Public Utilities Act,
provided that the amount paid by the utility in any
year will be limited by paragraph (2) of this
subsection (d);
(ii) provide that the utility's payment
obligation in respect of the quantity of
electricity determined pursuant to the preceding
clause (i) shall be limited to an amount equal to
(1) the difference between the contract price
determined pursuant to subparagraph (A) of
paragraph (3) of this subsection (d) and the
day-ahead price for electricity delivered to the
regional transmission organization market of the
utility that is party to such sourcing agreement
(or any successor delivery point at which such
utility's supply obligations are financially
settled on an hourly basis) (the "reference
price") on the day preceding the day on which the
electricity is delivered to the initial clean coal
facility busbar, multiplied by (2) the quantity of
electricity determined pursuant to the preceding
clause (i); and
(iii) not require the utility to take physical
delivery of the electricity produced by the
facility;
(D) general provisions, which shall:

(i) specify a term of no more than 30 years,
commencing on the commercial operation date of the
facility;
(ii) provide that utilities shall maintain
adequate records documenting purchases under the
sourcing agreements entered into to comply with
this subsection (d) and shall file an accounting
with the load forecast that must be filed with the
Agency by July 15 of each year, in accordance with
subsection (d) of Section 16-111.5 of the Public
Utilities Act;
(iii) provide that all costs associated with
the initial clean coal facility will be
periodically reported to the Federal Energy
Regulatory Commission and to purchasers in
accordance with applicable laws governing
cost-based wholesale power contracts;
(iv) permit the Illinois Power Agency to
assume ownership of the initial clean coal
facility, without monetary consideration and
otherwise on reasonable terms acceptable to the
Agency, if the Agency so requests no less than 3
years prior to the end of the stated contract term;
(v) require the owner of the initial clean coal
facility to provide documentation to the
Commission each year, starting in the facility's

first year of commercial operation, accurately
reporting the quantity of carbon emissions from
the facility that have been captured and
sequestered and report any quantities of carbon
released from the site or sites at which carbon
emissions were sequestered in prior years, based
on continuous monitoring of such sites. If, in any
year after the first year of commercial operation,
the owner of the facility fails to demonstrate that
the initial clean coal facility captured and
sequestered at least 50% of the total carbon
emissions that the facility would otherwise emit
or that sequestration of emissions from prior
years has failed, resulting in the release of
carbon dioxide into the atmosphere, the owner of
the facility must offset excess emissions. Any
such carbon offsets must be permanent, additional,
verifiable, real, located within the State of
Illinois, and legally and practicably enforceable.
The cost of such offsets for the facility that are
not recoverable shall not exceed $15 million in any
given year. No costs of any such purchases of
carbon offsets may be recovered from a utility or
its customers. All carbon offsets purchased for
this purpose and any carbon emission credits
associated with sequestration of carbon from the

facility must be permanently retired. The initial
clean coal facility shall not forfeit its
designation as a clean coal facility if the
facility fails to fully comply with the applicable
carbon sequestration requirements in any given
year, provided the requisite offsets are
purchased. However, the Attorney General, on
behalf of the People of the State of Illinois, may
specifically enforce the facility's sequestration
requirement and the other terms of this contract
provision. Compliance with the sequestration
requirements and offset purchase requirements
specified in paragraph (3) of this subsection (d)
shall be reviewed annually by an independent
expert retained by the owner of the initial clean
coal facility, with the advance written approval
of the Attorney General. The Commission may, in the
course of the review specified in item (vii),
reduce the allowable return on equity for the
facility if the facility willfully wilfully fails
to comply with the carbon capture and
sequestration requirements set forth in this item
(v);
(vi) include limits on, and accordingly
provide for modification of, the amount the
utility is required to source under the sourcing

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

liability until such time as the facility is in
commercial operation and generating power and
energy and such power and energy is being delivered
to the facility busbar;
(x) provide that the owner or owners of the
initial clean coal facility, which is the
counterparty to such sourcing agreement, shall
have the right from time to time to elect whether
the obligations of the utility party thereto shall
be governed by the power purchase provisions or the
contract for differences provisions;
(xi) append documentation showing that the
formula rate and contract, insofar as they relate
to the power purchase provisions, have been
approved by the Federal Energy Regulatory
Commission pursuant to Section 205 of the Federal
Power Act;
(xii) provide that any changes to the terms of
the contract, insofar as such changes relate to the
power purchase provisions, are subject to review
under the public interest standard applied by the
Federal Energy Regulatory Commission pursuant to
Sections 205 and 206 of the Federal Power Act; and
(xiii) conform with customary lender
requirements in power purchase agreements used as
the basis for financing non-utility generators.

(4) Effective date of sourcing agreements with the
initial clean coal facility.
Any proposed sourcing agreement with the initial clean
coal facility shall not become effective unless the
following reports are prepared and submitted and
authorizations and approvals obtained:
(i) Facility cost report. The owner of the initial
clean coal facility shall submit to the Commission, the
Agency, and the General Assembly a front-end
engineering and design study, a facility cost report,
method of financing (including but not limited to
structure and associated costs), and an operating and
maintenance cost quote for the facility (collectively
"facility cost report"), which shall be prepared in
accordance with the requirements of this paragraph (4)
of subsection (d) of this Section, and shall provide
the Commission and the Agency access to the work
papers, relied upon documents, and any other backup
documentation related to the facility cost report.
(ii) Commission report. Within 6 months following
receipt of the facility cost report, the Commission, in
consultation with the Agency, shall submit a report to
the General Assembly setting forth its analysis of the
facility cost report. Such report shall include, but
not be limited to, a comparison of the costs associated
with electricity generated by the initial clean coal

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

(iv) Commission review. If the General Assembly
enacts authorizing legislation pursuant to
subparagraph (iii) approving a sourcing agreement, the
Commission shall, within 90 days of such enactment,
complete a review of such sourcing agreement. During
such time period, the Commission shall implement any
directive of the General Assembly, resolve any
disputes between the parties to the sourcing agreement
concerning the terms of such agreement, approve the
form of such agreement, and issue an order finding that
the sourcing agreement is prudent and reasonable.
The facility cost report shall be prepared as follows:
(A) The facility cost report shall be prepared by
duly licensed engineering and construction firms
detailing the estimated capital costs payable to one or
more contractors or suppliers for the engineering,
procurement and construction of the components
comprising the initial clean coal facility and the
estimated costs of operation and maintenance of the
facility. The facility cost report shall include:
(i) an estimate of the capital cost of the core
plant based on one or more front end engineering
and design studies for the gasification island and
related facilities. The core plant shall include
all civil, structural, mechanical, electrical,
control, and safety systems.

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

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

regional transmission organization markets and an
analysis of the expected capacity factor for the
initial clean coal facility.
(E) Amounts paid to third parties unrelated to the
owner or owners of the initial clean coal facility to
prepare the core plant construction cost quote,
including the front end engineering and design study,
and the operating and maintenance cost quote will be
reimbursed through Coal Development Bonds.
(5) Re-powering and retrofitting coal-fired power
plants previously owned by Illinois utilities to qualify as
clean coal facilities. During the 2009 procurement
planning process and thereafter, the Agency and the
Commission shall consider sourcing agreements covering
electricity generated by power plants that were previously
owned by Illinois utilities and that have been or will be
converted into clean coal facilities, as defined by Section
1-10 of this Act. Pursuant to such procurement planning
process, the owners of such facilities may propose to the
Agency sourcing agreements with utilities and alternative
retail electric suppliers required to comply with
subsection (d) of this Section and item (5) of subsection
(d) of Section 16-115 of the Public Utilities Act, covering
electricity generated by such facilities. In the case of
sourcing agreements that are power purchase agreements,
the contract price for electricity sales shall be

established on a cost of service basis. In the case of
sourcing agreements that are contracts for differences,
the contract price from which the reference price is
subtracted shall be established on a cost of service basis.
The Agency and the Commission may approve any such utility
sourcing agreements that do not exceed cost-based
benchmarks developed by the procurement administrator, in
consultation with the Commission staff, Agency staff and
the procurement monitor, subject to Commission review and
approval. The Commission shall have authority to inspect
all books and records associated with these clean coal
facilities during the term of any such contract.
(6) Costs incurred under this subsection (d) or
pursuant to a contract entered into under this subsection
(d) shall be deemed prudently incurred and reasonable in
amount and the electric utility shall be entitled to full
cost recovery pursuant to the tariffs filed with the
Commission.
(d-5) Zero emission standard.
(1) Beginning with the delivery year commencing on June
1, 2017, the Agency shall, for electric utilities that
serve at least 100,000 retail customers in this State,
procure contracts with zero emission facilities that are
reasonably capable of generating cost-effective zero
emission credits in an amount approximately equal to 16% of
the actual amount of electricity delivered by each electric

utility to retail customers in the State during calendar
year 2014. For an electric utility serving fewer than
100,000 retail customers in this State that requested,
under Section 16-111.5 of the Public Utilities Act, that
the Agency procure power and energy for all or a portion of
the utility's Illinois load for the delivery year
commencing June 1, 2016, the Agency shall procure contracts
with zero emission facilities that are reasonably capable
of generating cost-effective zero emission credits in an
amount approximately equal to 16% of the portion of power
and energy to be procured by the Agency for the utility.
The duration of the contracts procured under this
subsection (d-5) shall be for a term of 10 years ending May
31, 2027. The quantity of zero emission credits to be
procured under the contracts shall be all of the zero
emission credits generated by the zero emission facility in
each delivery year; however, if the zero emission facility
is owned by more than one entity, then the quantity of zero
emission credits to be procured under the contracts shall
be the amount of zero emission credits that are generated
from the portion of the zero emission facility that is
owned by the winning supplier.
The 16% value identified in this paragraph (1) is the
average of the percentage targets in subparagraph (B) of
paragraph (1) of subsection (c) of Section 1-75 of this Act
for the 5 delivery years beginning June 1, 2017.

The procurement process shall be subject to the
following provisions:
(A) Those zero emission facilities that intend to
participate in the procurement shall submit to the
Agency the following eligibility information for each
zero emission facility on or before the date
established by the Agency:
(i) the in-service date and remaining useful
life of the zero emission facility;
(ii) the amount of power generated annually
for each of the years 2005 through 2015, and the
projected zero emission credits to be generated
over the remaining useful life of the zero emission
facility, which shall be used to determine the
capability of each facility;
(iii) the annual zero emission facility cost
projections, expressed on a per megawatthour
basis, over the next 6 delivery years, which shall
include the following: operation and maintenance
expenses; fully allocated overhead costs, which
shall be allocated using the methodology developed
by the Institute for Nuclear Power Operations;
fuel expenditures; non-fuel capital expenditures;
spent fuel expenditures; a return on working
capital; the cost of operational and market risks
that could be avoided by ceasing operation; and any

other costs necessary for continued operations,
provided that "necessary" means, for purposes of
this item (iii), that the costs could reasonably be
avoided only by ceasing operations of the zero
emission facility; and
(iv) a commitment to continue operating, for
the duration of the contract or contracts executed
under the procurement held under this subsection
(d-5), the zero emission facility that produces
the zero emission credits to be procured in the
procurement.
The information described in item (iii) of this
subparagraph (A) may be submitted on a confidential basis
and shall be treated and maintained by the Agency, the
procurement administrator, and the Commission as
confidential and proprietary and exempt from disclosure
under subparagraphs (a) and (g) of paragraph (1) of Section
7 of the Freedom of Information Act. The Office of Attorney
General shall have access to, and maintain the
confidentiality of, such information pursuant to Section
6.5 of the Attorney General Act.
(B) The price for each zero emission credit
procured under this subsection (d-5) for each delivery
year shall be in an amount that equals the Social Cost
of Carbon, expressed on a price per megawatthour basis.
However, to ensure that the procurement remains

affordable to retail customers in this State if
electricity prices increase, the price in an
applicable delivery year shall be reduced below the
Social Cost of Carbon by the amount ("Price
Adjustment") by which the market price index for the
applicable delivery year exceeds the baseline market
price index for the consecutive 12-month period ending
May 31, 2016. If the Price Adjustment is greater than
or equal to the Social Cost of Carbon in an applicable
delivery year, then no payments shall be due in that
delivery year. The components of this calculation are
defined as follows:
(i) Social Cost of Carbon: The Social Cost of
Carbon is $16.50 per megawatthour, which is based
on the U.S. Interagency Working Group on Social
Cost of Carbon's price in the August 2016 Technical
Update using a 3% discount rate, adjusted for
inflation for each year of the program. Beginning
with the delivery year commencing June 1, 2023, the
price per megawatthour shall increase by $1 per
megawatthour, and continue to increase by an
additional $1 per megawatthour each delivery year
thereafter.
(ii) Baseline market price index: The baseline
market price index for the consecutive 12-month
period ending May 31, 2016 is $31.40 per

megawatthour, which is based on the sum of (aa) the
average day-ahead energy price across all hours of
such 12-month period at the PJM Interconnection
LLC Northern Illinois Hub, (bb) 50% multiplied by
the Base Residual Auction, or its successor,
capacity price for the rest of the RTO zone group
determined by PJM Interconnection LLC, divided by
24 hours per day, and (cc) 50% multiplied by the
Planning Resource Auction, or its successor,
capacity price for Zone 4 determined by the
Midcontinent Independent System Operator, Inc.,
divided by 24 hours per day.
(iii) Market price index: The market price
index for a delivery year shall be the sum of
projected energy prices and projected capacity
prices determined as follows:
(aa) Projected energy prices: the
projected energy prices for the applicable
delivery year shall be calculated once for the
year using the forward market price for the PJM
Interconnection, LLC Northern Illinois Hub.
The forward market price shall be calculated as
follows: the energy forward prices for each
month of the applicable delivery year averaged
for each trade date during the calendar year
immediately preceding that delivery year to

produce a single energy forward price for the
delivery year. The forward market price
calculation shall use data published by the
Intercontinental Exchange, or its successor.
(bb) Projected capacity prices:
(I) For the delivery years commencing
June 1, 2017, June 1, 2018, and June 1,
2019, the projected capacity price shall
be equal to the sum of (1) 50% multiplied
by the Base Residual Auction, or its
successor, price for the rest of the RTO
zone group as determined by PJM
Interconnection LLC, divided by 24 hours
per day and, (2) 50% multiplied by the
resource auction price determined in the
resource auction administered by the
Midcontinent Independent System Operator,
Inc., in which the largest percentage of
load cleared for Local Resource Zone 4,
divided by 24 hours per day, and where such
price is determined by the Midcontinent
Independent System Operator, Inc.
(II) For the delivery year commencing
June 1, 2020, and each year thereafter, the
projected capacity price shall be equal to
the sum of (1) 50% multiplied by the Base

Residual Auction, or its successor, price
for the ComEd zone as determined by PJM
Interconnection LLC, divided by 24 hours
per day, and (2) 50% multiplied by the
resource auction price determined in the
resource auction administered by the
Midcontinent Independent System Operator,
Inc., in which the largest percentage of
load cleared for Local Resource Zone 4,
divided by 24 hours per day, and where such
price is determined by the Midcontinent
Independent System Operator, Inc.
For purposes of this subsection (d-5):
"Rest of the RTO" and "ComEd Zone" shall have
the meaning ascribed to them by PJM
Interconnection, LLC.
"RTO" means regional transmission
organization.
(C) No later than 45 days after June 1, 2017 (the
effective date of Public Act 99-906) this amendatory
Act of the 99th General Assembly, the Agency shall
publish its proposed zero emission standard
procurement plan. The plan shall be consistent with the
provisions of this paragraph (1) and shall provide that
winning bids shall be selected based on public interest
criteria that include, but are not limited to,

minimizing carbon dioxide emissions that result from
electricity consumed in Illinois and minimizing sulfur
dioxide, nitrogen oxide, and particulate matter
emissions that adversely affect the citizens of this
State. In particular, the selection of winning bids
shall take into account the incremental environmental
benefits resulting from the procurement, such as any
existing environmental benefits that are preserved by
the procurements held under Public Act 99-906 this
amendatory Act of the 99th General Assembly and would
cease to exist if the procurements were not held,
including the preservation of zero emission
facilities. The plan shall also describe in detail how
each public interest factor shall be considered and
weighted in the bid selection process to ensure that
the public interest criteria are applied to the
procurement and given full effect.
For purposes of developing the plan, the Agency
shall consider any reports issued by a State agency,
board, or commission under House Resolution 1146 of the
98th General Assembly and paragraph (4) of subsection
(d) of Section 1-75 of this Act, as well as publicly
available analyses and studies performed by or for
regional transmission organizations that serve the
State and their independent market monitors.
Upon publishing of the zero emission standard

procurement plan, copies of the plan shall be posted
and made publicly available on the Agency's website.
All interested parties shall have 10 days following the
date of posting to provide comment to the Agency on the
plan. All comments shall be posted to the Agency's
website. Following the end of the comment period, but
no more than 60 days later than June 1, 2017 (the
effective date of Public Act 99-906) this amendatory
Act of the 99th General Assembly, the Agency shall
revise the plan as necessary based on the comments
received and file its zero emission standard
procurement plan with the Commission.
If the Commission determines that the plan will
result in the procurement of cost-effective zero
emission credits, then the Commission shall, after
notice and hearing, but no later than 45 days after the
Agency filed the plan, approve the plan or approve with
modification. For purposes of this subsection (d-5),
"cost effective" means the projected costs of
procuring zero emission credits from zero emission
facilities do not cause the limit stated in paragraph
(2) of this subsection to be exceeded.
(C-5) As part of the Commission's review and
acceptance or rejection of the procurement results,
the Commission shall, in its public notice of
successful bidders:

(i) identify how the winning bids satisfy the
public interest criteria described in subparagraph
(C) of this paragraph (1) of minimizing carbon
dioxide emissions that result from electricity
consumed in Illinois and minimizing sulfur
dioxide, nitrogen oxide, and particulate matter
emissions that adversely affect the citizens of
this State;
(ii) specifically address how the selection of
winning bids takes into account the incremental
environmental benefits resulting from the
procurement, including any existing environmental
benefits that are preserved by the procurements
held under Public Act 99-906 this amendatory Act of
the 99th General Assembly and would have ceased to
exist if the procurements had not been held, such
as the preservation of zero emission facilities;
(iii) quantify the environmental benefit of
preserving the resources identified in item (ii)
of this subparagraph (C-5), including the
following:
(aa) the value of avoided greenhouse gas
emissions measured as the product of the zero
emission facilities' output over the contract
term multiplied by the U.S. Environmental
Protection Agency eGrid subregion carbon

dioxide emission rate and the U.S. Interagency
Working Group on Social Cost of Carbon's price
in the August 2016 Technical Update using a 3%
discount rate, adjusted for inflation for each
delivery year; and
(bb) the costs of replacement with other
zero carbon dioxide resources, including wind
and photovoltaic, based upon the simple
average of the following:
(I) the price, or if there is more than
one price, the average of the prices, paid
for renewable energy credits from new
utility-scale wind projects in the
procurement events specified in item (i)
of subparagraph (G) of paragraph (1) of
subsection (c) of Section 1-75 of this Act;
and
(II) the price, or if there is more
than one price, the average of the prices,
paid for renewable energy credits from new
utility-scale solar projects and
brownfield site photovoltaic projects in
the procurement events specified in item
(ii) of subparagraph (G) of paragraph (1)
of subsection (c) of Section 1-75 of this
Act and, after January 1, 2015, renewable

energy credits from photovoltaic
distributed generation projects in
procurement events held under subsection
(c) of Section 1-75 of this Act.
Each utility shall enter into binding contractual
arrangements with the winning suppliers.
The procurement described in this subsection
(d-5), including, but not limited to, the execution of
all contracts procured, shall be completed no later
than May 10, 2017. Based on the effective date of
Public Act 99-906 this amendatory Act of the 99th
General Assembly, the Agency and Commission may, as
appropriate, modify the various dates and timelines
under this subparagraph and subparagraphs (C) and (D)
of this paragraph (1). The procurement and plan
approval processes required by this subsection (d-5)
shall be conducted in conjunction with the procurement
and plan approval processes required by subsection (c)
of this Section and Section 16-111.5 of the Public
Utilities Act, to the extent practicable.
Notwithstanding whether a procurement event is
conducted under Section 16-111.5 of the Public
Utilities Act, the Agency shall immediately initiate a
procurement process on June 1, 2017 (the effective date
of Public Act 99-906) this amendatory Act of the 99th
General Assembly.

(D) Following the procurement event described in
this paragraph (1) and consistent with subparagraph
(B) of this paragraph (1), the Agency shall calculate
the payments to be made under each contract for the
next delivery year based on the market price index for
that delivery year. The Agency shall publish the
payment calculations no later than May 25, 2017 and
every May 25 thereafter.
(E) Notwithstanding the requirements of this
subsection (d-5), the contracts executed under this
subsection (d-5) shall provide that the zero emission
facility may, as applicable, suspend or terminate
performance under the contracts in the following
instances:
(i) A zero emission facility shall be excused
from its performance under the contract for any
cause beyond the control of the resource,
including, but not restricted to, acts of God,
flood, drought, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance
or disobedience, labor dispute, labor or material
shortage, sabotage, acts of public enemy,
explosions, orders, regulations or restrictions
imposed by governmental, military, or lawfully
established civilian authorities, which, in any of
the foregoing cases, by exercise of commercially

reasonable efforts the zero emission facility
could not reasonably have been expected to avoid,
and which, by the exercise of commercially
reasonable efforts, it has been unable to
overcome. In such event, the zero emission
facility shall be excused from performance for the
duration of the event, including, but not limited
to, delivery of zero emission credits, and no
payment shall be due to the zero emission facility
during the duration of the event.
(ii) A zero emission facility shall be
permitted to terminate the contract if legislation
is enacted into law by the General Assembly that
imposes or authorizes a new tax, special
assessment, or fee on the generation of
electricity, the ownership or leasehold of a
generating unit, or the privilege or occupation of
such generation, ownership, or leasehold of
generation units by a zero emission facility.
However, the provisions of this item (ii) do not
apply to any generally applicable tax, special
assessment or fee, or requirements imposed by
federal law.
(iii) A zero emission facility shall be
permitted to terminate the contract in the event
that the resource requires capital expenditures in

excess of $40,000,000 that were neither known nor
reasonably foreseeable at the time it executed the
contract and that a prudent owner or operator of
such resource would not undertake.
(iv) A zero emission facility shall be
permitted to terminate the contract in the event
the Nuclear Regulatory Commission terminates the
resource's license.
(F) If the zero emission facility elects to
terminate a contract under this subparagraph (E, of
this paragraph (1), then the Commission shall reopen
the docket in which the Commission approved the zero
emission standard procurement plan under subparagraph
(C) of this paragraph (1) and, after notice and
hearing, enter an order acknowledging the contract
termination election if such termination is consistent
with the provisions of this subsection (d-5).
(2) For purposes of this subsection (d-5), the amount
paid per kilowatthour means the total amount paid for
electric service expressed on a per kilowatthour basis. For
purposes of this subsection (d-5), the total amount paid
for electric service includes, without limitation, amounts
paid for supply, transmission, distribution, surcharges,
and add-on taxes.
Notwithstanding the requirements of this subsection
(d-5), the contracts executed under this subsection (d-5)

shall provide that the total of zero emission credits
procured under a procurement plan shall be subject to the
limitations of this paragraph (2). For each delivery year,
the contractual volume receiving payments in such year
shall be reduced for all retail customers based on the
amount necessary to limit the net increase that delivery
year to the costs of those credits included in the amounts
paid by eligible retail customers in connection with
electric service to no more than 1.65% of the amount paid
per kilowatthour by eligible retail customers during the
year ending May 31, 2009. The result of this computation
shall apply to and reduce the procurement for all retail
customers, and all those customers shall pay the same
single, uniform cents per kilowatthour charge under
subsection (k) of Section 16-108 of the Public Utilities
Act. To arrive at a maximum dollar amount of zero emission
credits to be paid for the particular delivery year, the
resulting per kilowatthour amount shall be applied to the
actual amount of kilowatthours of electricity delivered by
the electric utility in the delivery year immediately prior
to the procurement, to all retail customers in its service
territory. Unpaid contractual volume for any delivery year
shall be paid in any subsequent delivery year in which such
payments can be made without exceeding the amount specified
in this paragraph (2). The calculations required by this
paragraph (2) shall be made only once for each procurement

plan year. Once the determination as to the amount of zero
emission credits to be paid is made based on the
calculations set forth in this paragraph (2), no subsequent
rate impact determinations shall be made and no adjustments
to those contract amounts shall be allowed. All costs
incurred under those contracts and in implementing this
subsection (d-5) shall be recovered by the electric utility
as provided in this Section.
No later than June 30, 2019, the Commission shall
review the limitation on the amount of zero emission
credits procured under this subsection (d-5) and report to
the General Assembly its findings as to whether that
limitation unduly constrains the procurement of
cost-effective zero emission credits.
(3) Six years after the execution of a contract under
this subsection (d-5), the Agency shall determine whether
the actual zero emission credit payments received by the
supplier over the 6-year period exceed the Average ZEC
Payment. In addition, at the end of the term of a contract
executed under this subsection (d-5), or at the time, if
any, a zero emission facility's contract is terminated
under subparagraph (E) of paragraph (1) of this subsection
(d-5), then the Agency shall determine whether the actual
zero emission credit payments received by the supplier over
the term of the contract exceed the Average ZEC Payment,
after taking into account any amounts previously credited

back to the utility under this paragraph (3). If the Agency
determines that the actual zero emission credit payments
received by the supplier over the relevant period exceed
the Average ZEC Payment, then the supplier shall credit the
difference back to the utility. The amount of the credit
shall be remitted to the applicable electric utility no
later than 120 days after the Agency's determination, which
the utility shall reflect as a credit on its retail
customer bills as soon as practicable; however, the credit
remitted to the utility shall not exceed the total amount
of payments received by the facility under its contract.
For purposes of this Section, the Average ZEC Payment
shall be calculated by multiplying the quantity of zero
emission credits delivered under the contract times the
average contract price. The average contract price shall be
determined by subtracting the amount calculated under
subparagraph (B) of this paragraph (3) from the amount
calculated under subparagraph (A) of this paragraph (3), as
follows:
(A) The average of the Social Cost of Carbon, as
defined in subparagraph (B) of paragraph (1) of this
subsection (d-5), during the term of the contract.
(B) The average of the market price indices, as
defined in subparagraph (B) of paragraph (1) of this
subsection (d-5), during the term of the contract,
minus the baseline market price index, as defined in

subparagraph (B) of paragraph (1) of this subsection
(d-5).
If the subtraction yields a negative number, then the
Average ZEC Payment shall be zero.
(4) Cost-effective zero emission credits procured from
zero emission facilities shall satisfy the applicable
definitions set forth in Section 1-10 of this Act.
(5) The electric utility shall retire all zero emission
credits used to comply with the requirements of this
subsection (d-5).
(6) Electric utilities shall be entitled to recover all
of the costs associated with the procurement of zero
emission credits through an automatic adjustment clause
tariff in accordance with subsection (k) and (m) of Section
16-108 of the Public Utilities Act, and the contracts
executed under this subsection (d-5) shall provide that the
utilities' payment obligations under such contracts shall
be reduced if an adjustment is required under subsection
(m) of Section 16-108 of the Public Utilities Act.
(7) This subsection (d-5) shall become inoperative on
January 1, 2028.
(e) The draft procurement plans are subject to public
comment, as required by Section 16-111.5 of the Public
Utilities Act.
(f) The Agency shall submit the final procurement plan to
the Commission. The Agency shall revise a procurement plan if

the Commission determines that it does not meet the standards
set forth in Section 16-111.5 of the Public Utilities Act.
(g) The Agency shall assess fees to each affected utility
to recover the costs incurred in preparation of the annual
procurement plan for the utility.
(h) The Agency shall assess fees to each bidder to recover
the costs incurred in connection with a competitive procurement
process.
(i) A renewable energy credit, carbon emission credit, or
zero emission credit can only be used once to comply with a
single portfolio or other standard as set forth in subsection
(c), subsection (d), or subsection (d-5) of this Section,
respectively. A renewable energy credit, carbon emission
credit, or zero emission credit cannot be used to satisfy the
requirements of more than one standard. If more than one type
of credit is issued for the same megawatt hour of energy, only
one credit can be used to satisfy the requirements of a single
standard. After such use, the credit must be retired together
with any other credits issued for the same megawatt hour of
energy.
(Source: P.A. 98-463, eff. 8-16-13; 99-536, eff. 7-8-16;
99-906, eff. 6-1-17; revised 1-22-18.)
Section 130. The Illinois African-American Family
Commission Act is amended by changing Section 15 as follows:

(20 ILCS 3903/15)
Sec. 15. Purpose and objectives. (a) The purpose of the
Illinois African-American Family Commission is to advise the
Governor and General Assembly, as well as work directly with
State agencies, to improve and expand existing policies,
services, programs, and opportunities for African-American
families. The Illinois African-American Family Commission
shall guide the efforts of and collaborate with State agencies,
including: the Department on Aging, the Department of Children
and Family Services, the Department of Commerce and Economic
Opportunity, the Department of Corrections, the Department of
Human Services, the Department of Healthcare and Family
Services, the Department of Public Health, the Department of
Transportation, the Department of Employment Security, and
others. This shall be achieved primarily by:
(1) monitoring and commenting on existing and proposed
legislation and programs designed to address the needs of
African-Americans in Illinois;
(2) assisting State agencies in developing programs,
services, public policies, and research strategies that
will expand and enhance the social and economic well-being
of African-American children and families;
(3) facilitating the participation of and
representation of African-Americans in the development,
implementation, and planning of policies, programs, and
services; and

(4) promoting research efforts to document the impact
of policies and programs on African-American families.
The work of the Illinois African-American Family
Commission shall include the use of existing reports, research
and planning efforts, procedures, and programs.
(Source: P.A. 98-693, eff. 1-1-15; revised 9-22-17.)
Section 140. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.875,
5.878, and 6z-102 and by amending Sections 8.3, 8.12, 8g, and
13.2 as follows:
(30 ILCS 105/5.875)
Sec. 5.875. The Roadside Monarch Habitat Fund.
(Source: P.A. 99-723, eff. 8-5-16; 100-201, eff. 8-18-17.)
(30 ILCS 105/5.877)
Sec. 5.877 5.875. The Horsemen's Council of Illinois Fund.
(Source: P.A. 100-78, eff. 1-1-18; revised 10-11-17.)
(30 ILCS 105/5.878)
Sec. 5.878. The Healthy Local Food Incentives Fund.
(Source: P.A. 99-928, eff. 1-20-17.)
(30 ILCS 105/5.879)
Sec. 5.879 5.878. The Income Tax Bond Fund.

(Source: P.A. 100-23, eff. 7-6-17; revised 10-11-17.)
(30 ILCS 105/5.880)
Sec. 5.880 5.878. The Prostate Cancer Awareness Fund.
(Source: P.A. 100-60, eff. 1-1-18; revised 10-11-17.)
(30 ILCS 105/5.881)
Sec. 5.881 5.878. The Thriving Youth Income Tax Checkoff
Fund.
(Source: P.A. 100-329, eff. 8-24-17; revised 10-11-17.)
(30 ILCS 105/5.882)
Sec. 5.882 5.878. The Police Training Academy Job Training
Program and Scholarship Fund.
(Source: P.A. 100-331, eff. 1-1-18; revised 10-11-17.)
(30 ILCS 105/5.883)
Sec. 5.883 5.878. The BHE Data and Research Cost Recovery
Fund.
(Source: P.A. 100-417, eff. 8-25-17; revised 10-11-17.)
(30 ILCS 105/5.884)
Sec. 5.884 5.878. The Rental Purchase Agreement Tax Refund
Fund.
(Source: P.A. 100-437, eff. 1-1-18; revised 10-11-17.)

(30 ILCS 105/6z-102)
Sec. 6z-102. Thriving Youth Income Tax Checkoff Fund;
creation. The Thriving Youth Income Tax Checkoff Fund is
created as a special fund in the State treasury. Moneys in the
Fund shall be used by the Department of Human Services for the
purpose of making grants to providers delivering non-Medicaid
services for community-based youth programs in the State.
(Source: P.A. 100-329, eff. 8-24-17.)
(30 ILCS 105/6z-103)
Sec. 6z-103 6z-102. The Police Training Academy Job
Training Program and Scholarship Fund.
(a) A Police Training Academy Job Training Program and
Scholarship Fund is created as a special fund in the State
treasury and shall be used to support program and scholarship
activities of the police training academy job training and
scholarship programs established under Section 22-83 of the
School Code and Section 65.95 of the Higher Education Student
Assistance Act. Moneys from fees, gifts, grants, and donations
received by the State Board of Education and Illinois Student
Assistance Commission for purposes of supporting these
programs and scholarships shall be deposited into the Police
Training Academy Job Training Program and Scholarship Fund.
(b) The State Board of Education; the Illinois Student
Assistance Commission; and participating counties, school
districts, and law enforcement partners may seek federal,

State, and private funds to support the police training academy
job training and scholarship programs established under
Section 22-83 of the School Code and Section 65.95 of the
Higher Education Student Assistance Act.
(Source: P.A. 100-331, eff. 1-1-18; revised 10-21-17.)
(30 ILCS 105/6z-104)
Sec. 6z-104 6z-102. The Rental Purchase Agreement Tax
Refund Fund.
(a) The Rental Purchase Agreement Tax Refund Fund is hereby
created as a special fund in the State treasury. Moneys in the
Fund shall be used by the Department of Revenue to pay refunds
of Rental Purchase Agreement Tax in the manner provided in
Section 6 of the Retailers' Occupation Tax Act and Section 19
of the Use Tax Act, as incorporated into Sections 10 and 15 of
the Rental Purchase Agreement Tax Act.
(b) Moneys in the Rental Purchase Agreement Tax Refund Fund
shall be expended exclusively for the purpose of paying refunds
pursuant to this Section.
(c) The Director of Revenue shall order payment of refunds
under this Section from the Rental Purchase Agreement Tax
Refund Fund only to the extent that amounts collected pursuant
to Sections 10 and 15 of the Rental Purchase Agreement
Occupation and Use Tax Act have been deposited and retained in
the Fund.
As soon as possible after the end of each fiscal year, the

Director of Revenue shall order transferred, and the State
Treasurer and State Comptroller shall transfer from the Rental
Purchase Agreement Tax Refund Fund to the General Revenue Fund,
any surplus remaining as of the end of such fiscal year.
This Section shall constitute an irrevocable and
continuing appropriation from the Rental Purchase Agreement
Tax Refund Fund for the purpose of paying refunds in accordance
with the provisions of this Section.
(Source: P.A. 100-437, eff. 1-1-18; revised 10-21-17.)
(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
Sec. 8.3. Money in the Road Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of permanent highways, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and payable,
and for no other purpose. The surplus, if any, in the Road Fund
after the payment of principal and interest on that bonded
indebtedness then annually due shall be used as follows:
first -- to pay the cost of administration of Chapters
2 through 10 of the Illinois Vehicle Code, except the cost
of administration of Articles I and II of Chapter 3 of that
Code; and
secondly -- for expenses of the Department of
Transportation for construction, reconstruction,
improvement, repair, maintenance, operation, and

administration of highways in accordance with the
provisions of laws relating thereto, or for any purpose
related or incident to and connected therewith, including
the separation of grades of those highways with railroads
and with highways and including the payment of awards made
by the Illinois Workers' Compensation Commission under the
terms of the Workers' Compensation Act or Workers'
Occupational Diseases Act for injury or death of an
employee of the Division of Highways in the Department of
Transportation; or for the acquisition of land and the
erection of buildings for highway purposes, including the
acquisition of highway right-of-way or for investigations
to determine the reasonably anticipated future highway
needs; or for making of surveys, plans, specifications and
estimates for and in the construction and maintenance of
flight strips and of highways necessary to provide access
to military and naval reservations, to defense industries
and defense-industry sites, and to the sources of raw
materials and for replacing existing highways and highway
connections shut off from general public use at military
and naval reservations and defense-industry sites, or for
the purchase of right-of-way, except that the State shall
be reimbursed in full for any expense incurred in building
the flight strips; or for the operating and maintaining of
highway garages; or for patrolling and policing the public
highways and conserving the peace; or for the operating

expenses of the Department relating to the administration
of public transportation programs; or, during fiscal year
2012 only, for the purposes of a grant not to exceed
$8,500,000 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses; or, during fiscal year 2013 only, for the
purposes of a grant not to exceed $3,825,000 to the
Regional Transportation Authority on behalf of PACE for the
purpose of ADA/Para-transit expenses; or, during fiscal
year 2014 only, for the purposes of a grant not to exceed
$3,825,000 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses; or, during fiscal year 2015 only, for the
purposes of a grant not to exceed $3,825,000 to the
Regional Transportation Authority on behalf of PACE for the
purpose of ADA/Para-transit expenses; or, during fiscal
year 2016 only, for the purposes of a grant not to exceed
$3,825,000 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses; or, during fiscal year 2017 only, for the
purposes of a grant not to exceed $3,825,000 to the
Regional Transportation Authority on behalf of PACE for the
purpose of ADA/Para-transit expenses; or for any of those
purposes or any other purpose that may be provided by law.
Appropriations for any of those purposes are payable from
the Road Fund. Appropriations may also be made from the Road

Fund for the administrative expenses of any State agency that
are related to motor vehicles or arise from the use of motor
vehicles.
Beginning with fiscal year 1980 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement: ;
1. Department of Public Health;
2. Department of Transportation, only with respect to
subsidies for one-half fare Student Transportation and
Reduced Fare for Elderly, except during fiscal year 2012
only when no more than $40,000,000 may be expended and
except during fiscal year 2013 only when no more than
$17,570,300 may be expended and except during fiscal year
2014 only when no more than $17,570,000 may be expended and
except during fiscal year 2015 only when no more than
$17,570,000 may be expended and except during fiscal year
2016 only when no more than $17,570,000 may be expended and
except during fiscal year 2017 only when no more than
$17,570,000 may be expended;
3. Department of Central Management Services, except
for expenditures incurred for group insurance premiums of
appropriate personnel;
4. Judicial Systems and Agencies.

Beginning with fiscal year 1981 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Department of State Police, except for expenditures
with respect to the Division of Operations;
2. Department of Transportation, only with respect to
Intercity Rail Subsidies, except during fiscal year 2012
only when no more than $40,000,000 may be expended and
except during fiscal year 2013 only when no more than
$26,000,000 may be expended and except during fiscal year
2014 only when no more than $38,000,000 may be expended and
except during fiscal year 2015 only when no more than
$42,000,000 may be expended and except during fiscal year
2016 only when no more than $38,300,000 may be expended and
except during fiscal year 2017 only when no more than
$50,000,000 may be expended and except during fiscal year
2018 only when no more than $52,000,000 may be expended,
and Rail Freight Services.
Beginning with fiscal year 1982 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are

eligible for federal reimbursement: Department of Central
Management Services, except for awards made by the Illinois
Workers' Compensation Commission under the terms of the
Workers' Compensation Act or Workers' Occupational Diseases
Act for injury or death of an employee of the Division of
Highways in the Department of Transportation.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Department of State Police, except not more than 40%
of the funds appropriated for the Division of Operations;
2. State Officers.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to any Department or agency
of State government for administration, grants, or operations
except as provided hereafter; but this limitation is not a
restriction upon appropriating for those purposes any Road Fund
monies that are eligible for federal reimbursement. It shall
not be lawful to circumvent the above appropriation limitations
by governmental reorganization or other methods.
Appropriations shall be made from the Road Fund only in
accordance with the provisions of this Section.
Money in the Road Fund shall, if and when the State of

Illinois incurs any bonded indebtedness for the construction of
permanent highways, be set aside and used for the purpose of
paying and discharging during each fiscal year the principal
and interest on that bonded indebtedness as it becomes due and
payable as provided in the Transportation Bond Act, and for no
other purpose. The surplus, if any, in the Road Fund after the
payment of principal and interest on that bonded indebtedness
then annually due shall be used as follows:
first -- to pay the cost of administration of Chapters
2 through 10 of the Illinois Vehicle Code; and
secondly -- no Road Fund monies derived from fees,
excises, or license taxes relating to registration,
operation and use of vehicles on public highways or to
fuels used for the propulsion of those vehicles, shall be
appropriated or expended other than for costs of
administering the laws imposing those fees, excises, and
license taxes, statutory refunds and adjustments allowed
thereunder, administrative costs of the Department of
Transportation, including, but not limited to, the
operating expenses of the Department relating to the
administration of public transportation programs, payment
of debts and liabilities incurred in construction and
reconstruction of public highways and bridges, acquisition
of rights-of-way for and the cost of construction,
reconstruction, maintenance, repair, and operation of
public highways and bridges under the direction and

supervision of the State, political subdivision, or
municipality collecting those monies, or during fiscal
year 2012 only for the purposes of a grant not to exceed
$8,500,000 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses, or during fiscal year 2013 only for the purposes
of a grant not to exceed $3,825,000 to the Regional
Transportation Authority on behalf of PACE for the purpose
of ADA/Para-transit expenses, or during fiscal year 2014
only for the purposes of a grant not to exceed $3,825,000
to the Regional Transportation Authority on behalf of PACE
for the purpose of ADA/Para-transit expenses, or during
fiscal year 2015 only for the purposes of a grant not to
exceed $3,825,000 to the Regional Transportation Authority
on behalf of PACE for the purpose of ADA/Para-transit
expenses, or during fiscal year 2016 only for the purposes
of a grant not to exceed $3,825,000 to the Regional
Transportation Authority on behalf of PACE for the purpose
of ADA/Para-transit expenses, or during fiscal year 2017
only for the purposes of a grant not to exceed $3,825,000
to the Regional Transportation Authority on behalf of PACE
for the purpose of ADA/Para-transit expenses, and the costs
for patrolling and policing the public highways (by State,
political subdivision, or municipality collecting that
money) for enforcement of traffic laws. The separation of
grades of such highways with railroads and costs associated

with protection of at-grade highway and railroad crossing
shall also be permissible.
Appropriations for any of such purposes are payable from
the Road Fund or the Grade Crossing Protection Fund as provided
in Section 8 of the Motor Fuel Tax Law.
Except as provided in this paragraph, beginning with fiscal
year 1991 and thereafter, no Road Fund monies shall be
appropriated to the Department of State Police for the purposes
of this Section in excess of its total fiscal year 1990 Road
Fund appropriations for those purposes unless otherwise
provided in Section 5g of this Act. For fiscal years 2003,
2004, 2005, 2006, and 2007 only, no Road Fund monies shall be
appropriated to the Department of State Police for the purposes
of this Section in excess of $97,310,000. For fiscal year 2008
only, no Road Fund monies shall be appropriated to the
Department of State Police for the purposes of this Section in
excess of $106,100,000. For fiscal year 2009 only, no Road Fund
monies shall be appropriated to the Department of State Police
for the purposes of this Section in excess of $114,700,000.
Beginning in fiscal year 2010, no road fund moneys shall be
appropriated to the Department of State Police. It shall not be
lawful to circumvent this limitation on appropriations by
governmental reorganization or other methods unless otherwise
provided in Section 5g of this Act.
In fiscal year 1994, no Road Fund monies shall be
appropriated to the Secretary of State for the purposes of this

Section in excess of the total fiscal year 1991 Road Fund
appropriations to the Secretary of State for those purposes,
plus $9,800,000. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other method.
Beginning with fiscal year 1995 and thereafter, no Road
Fund monies shall be appropriated to the Secretary of State for
the purposes of this Section in excess of the total fiscal year
1994 Road Fund appropriations to the Secretary of State for
those purposes. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other methods.
Beginning with fiscal year 2000, total Road Fund
appropriations to the Secretary of State for the purposes of
this Section shall not exceed the amounts specified for the
following fiscal years:
Fiscal Year 2000 $80,500,000;
Fiscal Year 2001 $80,500,000;
Fiscal Year 2002 $80,500,000;
Fiscal Year 2003 $130,500,000;
Fiscal Year 2004 $130,500,000;
Fiscal Year 2005 $130,500,000;
Fiscal Year 2006 $130,500,000;
Fiscal Year 2007 $130,500,000;
Fiscal Year 2008 $130,500,000;
Fiscal Year 2009 $130,500,000.

For fiscal year 2010, no road fund moneys shall be
appropriated to the Secretary of State.
Beginning in fiscal year 2011, moneys in the Road Fund
shall be appropriated to the Secretary of State for the
exclusive purpose of paying refunds due to overpayment of fees
related to Chapter 3 of the Illinois Vehicle Code unless
otherwise provided for by law.
It shall not be lawful to circumvent this limitation on
appropriations by governmental reorganization or other
methods.
No new program may be initiated in fiscal year 1991 and
thereafter that is not consistent with the limitations imposed
by this Section for fiscal year 1984 and thereafter, insofar as
appropriation of Road Fund monies is concerned.
Nothing in this Section prohibits transfers from the Road
Fund to the State Construction Account Fund under Section 5e of
this Act; nor to the General Revenue Fund, as authorized by
Public Act 93-25 this amendatory Act of the 93rd General
Assembly.
The additional amounts authorized for expenditure in this
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
shall be repaid to the Road Fund from the General Revenue Fund
in the next succeeding fiscal year that the General Revenue
Fund has a positive budgetary balance, as determined by
generally accepted accounting principles applicable to
government.

The additional amounts authorized for expenditure by the
Secretary of State and the Department of State Police in this
Section by Public Act 94-91 this amendatory Act of the 94th
General Assembly shall be repaid to the Road Fund from the
General Revenue Fund in the next succeeding fiscal year that
the General Revenue Fund has a positive budgetary balance, as
determined by generally accepted accounting principles
applicable to government.
(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
revised 10-11-17.)
(30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
Sec. 8.12. State Pensions Fund.
(a) The moneys in the State Pensions Fund shall be used
exclusively for the administration of the Revised Uniform
Unclaimed Property Act and for the expenses incurred by the
Auditor General for administering the provisions of Section
2-8.1 of the Illinois State Auditing Act and for operational
expenses of the Office of the State Treasurer and for the
funding of the unfunded liabilities of the designated
retirement systems. Beginning in State fiscal year 2019,
payments to the designated retirement systems under this
Section shall be in addition to, and not in lieu of, any State
contributions required under the Illinois Pension Code.
"Designated retirement systems" means:
(1) the State Employees' Retirement System of

Illinois;
(2) the Teachers' Retirement System of the State of
Illinois;
(3) the State Universities Retirement System;
(4) the Judges Retirement System of Illinois; and
(5) the General Assembly Retirement System.
(b) Each year the General Assembly may make appropriations
from the State Pensions Fund for the administration of the
Revised Uniform Unclaimed Property Act.
(c) As soon as possible after July 30, 2004 (the effective
date of Public Act 93-839) this amendatory Act of the 93rd
General Assembly, the General Assembly shall appropriate from
the State Pensions Fund (1) to the State Universities
Retirement System the amount certified under Section 15-165
during the prior year, (2) to the Judges Retirement System of
Illinois the amount certified under Section 18-140 during the
prior year, and (3) to the General Assembly Retirement System
the amount certified under Section 2-134 during the prior year
as part of the required State contributions to each of those
designated retirement systems; except that amounts
appropriated under this subsection (c) in State fiscal year
2005 shall not reduce the amount in the State Pensions Fund
below $5,000,000. If the amount in the State Pensions Fund does
not exceed the sum of the amounts certified in Sections 15-165,
18-140, and 2-134 by at least $5,000,000, the amount paid to
each designated retirement system under this subsection shall

be reduced in proportion to the amount certified by each of
those designated retirement systems.
(c-5) For fiscal years 2006 through 2018, the General
Assembly shall appropriate from the State Pensions Fund to the
State Universities Retirement System the amount estimated to be
available during the fiscal year in the State Pensions Fund;
provided, however, that the amounts appropriated under this
subsection (c-5) shall not reduce the amount in the State
Pensions Fund below $5,000,000.
(c-6) For fiscal year 2019 and each fiscal year thereafter,
as soon as may be practical after any money is deposited into
the State Pensions Fund from the Unclaimed Property Trust Fund,
the State Treasurer shall apportion the deposited amount among
the designated retirement systems as defined in subsection (a)
to reduce their actuarial reserve deficiencies. The State
Comptroller and State Treasurer shall pay the apportioned
amounts to the designated retirement systems to fund the
unfunded liabilities of the designated retirement systems. The
amount apportioned to each designated retirement system shall
constitute a portion of the amount estimated to be available
for appropriation from the State Pensions Fund that is the same
as that retirement system's portion of the total actual reserve
deficiency of the systems, as determined annually by the
Governor's Office of Management and Budget at the request of
the State Treasurer. The amounts apportioned under this
subsection shall not reduce the amount in the State Pensions

Fund below $5,000,000.
(d) The Governor's Office of Management and Budget shall
determine the individual and total reserve deficiencies of the
designated retirement systems. For this purpose, the
Governor's Office of Management and Budget shall utilize the
latest available audit and actuarial reports of each of the
retirement systems and the relevant reports and statistics of
the Public Employee Pension Fund Division of the Department of
Insurance.
(d-1) As soon as practicable after March 5, 2004 (the
effective date of Public Act 93-665) this amendatory Act of the
93rd General Assembly, the Comptroller shall direct and the
Treasurer shall transfer from the State Pensions Fund to the
General Revenue Fund, as funds become available, a sum equal to
the amounts that would have been paid from the State Pensions
Fund to the Teachers' Retirement System of the State of
Illinois, the State Universities Retirement System, the Judges
Retirement System of Illinois, the General Assembly Retirement
System, and the State Employees' Retirement System of Illinois
after March 5, 2004 (the effective date of Public Act 93-665)
this amendatory Act during the remainder of fiscal year 2004 to
the designated retirement systems from the appropriations
provided for in this Section if the transfers provided in
Section 6z-61 had not occurred. The transfers described in this
subsection (d-1) are to partially repay the General Revenue
Fund for the costs associated with the bonds used to fund the

moneys transferred to the designated retirement systems under
Section 6z-61.
(e) The changes to this Section made by Public Act 88-593
this amendatory Act of 1994 shall first apply to distributions
from the Fund for State fiscal year 1996.
(Source: P.A. 99-8, eff. 7-9-15; 99-78, eff. 7-20-15; 99-523,
eff. 6-30-16; 100-22, eff. 1-1-18; 100-23, eff. 7-6-17; revised
8-8-17.)
(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), 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.
(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), 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.
(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 subsection (d) of Section
28.1 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. Except for transfers
attributable to prior fiscal years, during State fiscal year

2018 only, no transfers shall be made from the General Revenue
Fund to the Agricultural Premium Fund, the Fair and Exposition
Fund, the Illinois Standardbred Breeders Fund, or the Illinois
Thoroughbred Breeders 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), 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), 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), 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), 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. 99-933, eff. 1-27-17; 100-23, eff. 7-6-17;
100-201, eff. 8-18-17; revised 10-12-17.)
(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
Sec. 13.2. Transfers among line item appropriations.
(a) Transfers among line item appropriations from the same
treasury fund for the objects specified in this Section may be
made in the manner provided in this Section when the balance
remaining in one or more such line item appropriations is
insufficient for the purpose for which the appropriation was
made.
(a-1) No transfers may be made from one agency to another
agency, nor may transfers be made from one institution of
higher education to another institution of higher education
except as provided by subsection (a-4).

(a-2) Except as otherwise provided in this Section,
transfers may be made only among the objects of expenditure
enumerated in this Section, except that no funds may be
transferred from any appropriation for personal services, from
any appropriation for State contributions to the State
Employees' Retirement System, from any separate appropriation
for employee retirement contributions paid by the employer, nor
from any appropriation for State contribution for employee
group insurance. During State fiscal year 2005, an agency may
transfer amounts among its appropriations within the same
treasury fund for personal services, employee retirement
contributions paid by employer, and State Contributions to
retirement systems; notwithstanding and in addition to the
transfers authorized in subsection (c) of this Section, the
fiscal year 2005 transfers authorized in this sentence may be
made in an amount not to exceed 2% of the aggregate amount
appropriated to an agency within the same treasury fund. During
State fiscal year 2007, the Departments of Children and Family
Services, Corrections, Human Services, and Juvenile Justice
may transfer amounts among their respective appropriations
within the same treasury fund for personal services, employee
retirement contributions paid by employer, and State
contributions to retirement systems. During State fiscal year
2010, the Department of Transportation may transfer amounts
among their respective appropriations within the same treasury
fund for personal services, employee retirement contributions

paid by employer, and State contributions to retirement
systems. During State fiscal years 2010 and 2014 only, an
agency may transfer amounts among its respective
appropriations within the same treasury fund for personal
services, employee retirement contributions paid by employer,
and State contributions to retirement systems.
Notwithstanding, and in addition to, the transfers authorized
in subsection (c) of this Section, these transfers may be made
in an amount not to exceed 2% of the aggregate amount
appropriated to an agency within the same treasury fund.
(a-2.5) During State fiscal year 2015 only, the State's
Attorneys Appellate Prosecutor may transfer amounts among its
respective appropriations contained in operational line items
within the same treasury fund. Notwithstanding, and in addition
to, the transfers authorized in subsection (c) of this Section,
these transfers may be made in an amount not to exceed 4% of
the aggregate amount appropriated to the State's Attorneys
Appellate Prosecutor within the same treasury fund.
(a-3) Further, if an agency receives a separate
appropriation for employee retirement contributions paid by
the employer, any transfer by that agency into an appropriation
for personal services must be accompanied by a corresponding
transfer into the appropriation for employee retirement
contributions paid by the employer, in an amount sufficient to
meet the employer share of the employee contributions required
to be remitted to the retirement system.

(a-4) Long-Term Care Rebalancing. The Governor may
designate amounts set aside for institutional services
appropriated from the General Revenue Fund or any other State
fund that receives monies for long-term care services to be
transferred to all State agencies responsible for the
administration of community-based long-term care programs,
including, but not limited to, community-based long-term care
programs administered by the Department of Healthcare and
Family Services, the Department of Human Services, and the
Department on Aging, provided that the Director of Healthcare
and Family Services first certifies that the amounts being
transferred are necessary for the purpose of assisting persons
in or at risk of being in institutional care to transition to
community-based settings, including the financial data needed
to prove the need for the transfer of funds. The total amounts
transferred shall not exceed 4% in total of the amounts
appropriated from the General Revenue Fund or any other State
fund that receives monies for long-term care services for each
fiscal year. A notice of the fund transfer must be made to the
General Assembly and posted at a minimum on the Department of
Healthcare and Family Services website, the Governor's Office
of Management and Budget website, and any other website the
Governor sees fit. These postings shall serve as notice to the
General Assembly of the amounts to be transferred. Notice shall
be given at least 30 days prior to transfer.
(b) In addition to the general transfer authority provided

under subsection (c), the following agencies have the specific
transfer authority granted in this subsection:
The Department of Healthcare and Family Services is
authorized to make transfers representing savings attributable
to not increasing grants due to the births of additional
children from line items for payments of cash grants to line
items for payments for employment and social services for the
purposes outlined in subsection (f) of Section 4-2 of the
Illinois Public Aid Code.
The Department of Children and Family Services is
authorized to make transfers not exceeding 2% of the aggregate
amount appropriated to it within the same treasury fund for the
following line items among these same line items: Foster Home
and Specialized Foster Care and Prevention, Institutions and
Group Homes and Prevention, and Purchase of Adoption and
Guardianship Services.
The Department on Aging is authorized to make transfers not
exceeding 2% of the aggregate amount appropriated to it within
the same treasury fund for the following Community Care Program
line items among these same line items: purchase of services
covered by the Community Care Program and Comprehensive Case
Coordination.
The State Treasurer is authorized to make transfers among
line item appropriations from the Capital Litigation Trust
Fund, with respect to costs incurred in fiscal years 2002 and
2003 only, when the balance remaining in one or more such line

item appropriations is insufficient for the purpose for which
the appropriation was made, provided that no such transfer may
be made unless the amount transferred is no longer required for
the purpose for which that appropriation was made.
The State Board of Education is authorized to make
transfers from line item appropriations within the same
treasury fund for General State Aid, General State Aid - Hold
Harmless, and Evidence-Based Funding, provided that no such
transfer may be made unless the amount transferred is no longer
required for the purpose for which that appropriation was made,
to the line item appropriation for Transitional Assistance when
the balance remaining in such line item appropriation is
insufficient for the purpose for which the appropriation was
made.
The State Board of Education is authorized to make
transfers between the following line item appropriations
within the same treasury fund: Disabled Student
Services/Materials (Section 14-13.01 of the School Code),
Disabled Student Transportation Reimbursement (Section
14-13.01 of the School Code), Disabled Student Tuition -
Private Tuition (Section 14-7.02 of the School Code),
Extraordinary Special Education (Section 14-7.02b of the
School Code), Reimbursement for Free Lunch/Breakfast Program,
Summer School Payments (Section 18-4.3 of the School Code), and
Transportation - Regular/Vocational Reimbursement (Section
29-5 of the School Code). Such transfers shall be made only

when the balance remaining in one or more such line item
appropriations is insufficient for the purpose for which the
appropriation was made and provided that no such transfer may
be made unless the amount transferred is no longer required for
the purpose for which that appropriation was made.
The Department of Healthcare and Family Services is
authorized to make transfers not exceeding 4% of the aggregate
amount appropriated to it, within the same treasury fund, among
the various line items appropriated for Medical Assistance.
(c) The sum of such transfers for an agency in a fiscal
year shall not exceed 2% of the aggregate amount appropriated
to it within the same treasury fund for the following objects:
Personal Services; Extra Help; Student and Inmate
Compensation; State Contributions to Retirement Systems; State
Contributions to Social Security; State Contribution for
Employee Group Insurance; Contractual Services; Travel;
Commodities; Printing; Equipment; Electronic Data Processing;
Operation of Automotive Equipment; Telecommunications
Services; Travel and Allowance for Committed, Paroled and
Discharged Prisoners; Library Books; Federal Matching Grants
for Student Loans; Refunds; Workers' Compensation,
Occupational Disease, and Tort Claims; and, in appropriations
to institutions of higher education, Awards and Grants.
Notwithstanding the above, any amounts appropriated for
payment of workers' compensation claims to an agency to which
the authority to evaluate, administer and pay such claims has

been delegated by the Department of Central Management Services
may be transferred to any other expenditure object where such
amounts exceed the amount necessary for the payment of such
claims.
(c-1) Special provisions for State fiscal year 2003.
Notwithstanding any other provision of this Section to the
contrary, for State fiscal year 2003 only, transfers among line
item appropriations to an agency from the same treasury fund
may be made provided that the sum of such transfers for an
agency in State fiscal year 2003 shall not exceed 3% of the
aggregate amount appropriated to that State agency for State
fiscal year 2003 for the following objects: personal services,
except that no transfer may be approved which reduces the
aggregate appropriations for personal services within an
agency; extra help; student and inmate compensation; State
contributions to retirement systems; State contributions to
social security; State contributions for employee group
insurance; contractual services; travel; commodities;
printing; equipment; electronic data processing; operation of
automotive equipment; telecommunications services; travel and
allowance for committed, paroled, and discharged prisoners;
library books; federal matching grants for student loans;
refunds; workers' compensation, occupational disease, and tort
claims; and, in appropriations to institutions of higher
education, awards and grants.
(c-2) Special provisions for State fiscal year 2005.

Notwithstanding subsections (a), (a-2), and (c), for State
fiscal year 2005 only, transfers may be made among any line
item appropriations from the same or any other treasury fund
for any objects or purposes, without limitation, when the
balance remaining in one or more such line item appropriations
is insufficient for the purpose for which the appropriation was
made, provided that the sum of those transfers by a State
agency shall not exceed 4% of the aggregate amount appropriated
to that State agency for fiscal year 2005.
(c-3) Special provisions for State fiscal year 2015.
Notwithstanding any other provision of this Section, for State
fiscal year 2015, transfers among line item appropriations to a
State agency from the same State treasury fund may be made for
operational or lump sum expenses only, provided that the sum of
such transfers for a State agency in State fiscal year 2015
shall not exceed 4% of the aggregate amount appropriated to
that State agency for operational or lump sum expenses for
State fiscal year 2015. For the purpose of this subsection,
"operational or lump sum expenses" includes the following
objects: personal services; extra help; student and inmate
compensation; State contributions to retirement systems; State
contributions to social security; State contributions for
employee group insurance; contractual services; travel;
commodities; printing; equipment; electronic data processing;
operation of automotive equipment; telecommunications
services; travel and allowance for committed, paroled, and

discharged prisoners; library books; federal matching grants
for student loans; refunds; workers' compensation,
occupational disease, and tort claims; lump sum and other
purposes; and lump sum operations. For the purpose of this
subsection (c-3), "State agency" does not include the Attorney
General, the Secretary of State, the Comptroller, the
Treasurer, or the legislative or judicial branches.
(c-4) Special provisions for State fiscal year 2018.
Notwithstanding any other provision of this Section, for State
fiscal year 2018, transfers among line item appropriations to a
State agency from the same State treasury fund may be made for
operational or lump sum expenses only, provided that the sum of
such transfers for a State agency in State fiscal year 2018
shall not exceed 4% of the aggregate amount appropriated to
that State agency for operational or lump sum expenses for
State fiscal year 2018. For the purpose of this subsection
(c-4), "operational or lump sum expenses" includes the
following objects: personal services; extra help; student and
inmate compensation; State contributions to retirement
systems; State contributions to social security; State
contributions for employee group insurance; contractual
services; travel; commodities; printing; equipment; electronic
data processing; operation of automotive equipment;
telecommunications services; travel and allowance for
committed, paroled, and discharged prisoners; library books;
federal matching grants for student loans; refunds; workers'

compensation, occupational disease, and tort claims; lump sum
and other purposes; and lump sum operations. For the purpose of
this subsection (c-4), "State agency" does not include the
Attorney General, the Secretary of State, the Comptroller, the
Treasurer, or the legislative or judicial branches.
(d) Transfers among appropriations made to agencies of the
Legislative and Judicial departments and to the
constitutionally elected officers in the Executive branch
require the approval of the officer authorized in Section 10 of
this Act to approve and certify vouchers. Transfers among
appropriations made to the University of Illinois, Southern
Illinois University, Chicago State University, Eastern
Illinois University, Governors State University, Illinois
State University, Northeastern Illinois University, Northern
Illinois University, Western Illinois University, the Illinois
Mathematics and Science Academy and the Board of Higher
Education require the approval of the Board of Higher Education
and the Governor. Transfers among appropriations to all other
agencies require the approval of the Governor.
The officer responsible for approval shall certify that the
transfer is necessary to carry out the programs and purposes
for which the appropriations were made by the General Assembly
and shall transmit to the State Comptroller a certified copy of
the approval which shall set forth the specific amounts
transferred so that the Comptroller may change his records
accordingly. The Comptroller shall furnish the Governor with

information copies of all transfers approved for agencies of
the Legislative and Judicial departments and transfers
approved by the constitutionally elected officials of the
Executive branch other than the Governor, showing the amounts
transferred and indicating the dates such changes were entered
on the Comptroller's records.
(e) The State Board of Education, in consultation with the
State Comptroller, may transfer line item appropriations for
General State Aid or Evidence-Based Funding between the Common
School Fund and the Education Assistance Fund. With the advice
and consent of the Governor's Office of Management and Budget,
the State Board of Education, in consultation with the State
Comptroller, may transfer line item appropriations between the
General Revenue Fund and the Education Assistance Fund for the
following programs:
(1) Disabled Student Personnel Reimbursement (Section
14-13.01 of the School Code);
(2) Disabled Student Transportation Reimbursement
(subsection (b) of Section 14-13.01 of the School Code);
(3) Disabled Student Tuition - Private Tuition
(Section 14-7.02 of the School Code);
(4) Extraordinary Special Education (Section 14-7.02b
of the School Code);
(5) Reimbursement for Free Lunch/Breakfast Programs;
(6) Summer School Payments (Section 18-4.3 of the
School Code);

(7) Transportation - Regular/Vocational Reimbursement
(Section 29-5 of the School Code);
(8) Regular Education Reimbursement (Section 18-3 of
the School Code); and
(9) Special Education Reimbursement (Section 14-7.03
of the School Code).
(Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465,
eff. 8-31-17; revised 10-4-17.)
Section 145. The General Obligation Bond Act is amended by
changing Sections 2.5, 9, and 11 as follows:
(30 ILCS 330/2.5)
Sec. 2.5. Limitation on issuance of Bonds.
(a) Except as provided in subsection (b), no Bonds may be
issued if, after the issuance, in the next State fiscal year
after the issuance of the Bonds, the amount of debt service
(including principal, whether payable at maturity or pursuant
to mandatory sinking fund installments, and interest) on all
then-outstanding Bonds, other than (i) Bonds authorized by
Public Act 100-23 this amendatory Act of the 100th General
Assembly, (ii) Bonds issued by Public Act 96-43, and (iii)
Bonds authorized by Public Act 96-1497, would exceed 7% of the
aggregate appropriations from the general funds (which consist
of the General Revenue Fund, the Common School Fund, the
General Revenue Common School Special Account Fund, and the

Education Assistance Fund) and the Road Fund for the fiscal
year immediately prior to the fiscal year of the issuance.
(b) If the Comptroller and Treasurer each consent in
writing, Bonds may be issued even if the issuance does not
comply with subsection (a). In addition, $2,000,000,000 in
Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7,
and $2,000,000,000 in Refunding Bonds under Section 16, may be
issued during State fiscal year 2017 without complying with
subsection (a). In addition, $2,000,000,000 in Bonds for the
purposes set forth in Sections 3, 4, 5, 6, and 7, and
$2,000,000,000 in Refunding Bonds under Section 16, may be
issued during State fiscal year 2018 without complying with
subsection (a).
(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
7-6-17; revised 8-8-17.)
(30 ILCS 330/9) (from Ch. 127, par. 659)
Sec. 9. Conditions for issuance and sale of Bonds;
requirements Issuance and Sale of Bonds - Requirements for
Bonds.
(a) Except as otherwise provided in this subsection and
subsection (h), Bonds shall be issued and sold from time to
time, in one or more series, in such amounts and at such prices
as may be directed by the Governor, upon recommendation by the
Director of the Governor's Office of Management and Budget.

Bonds shall be in such form (either coupon, registered or book
entry), in such denominations, payable within 25 years from
their date, subject to such terms of redemption with or without
premium, bear interest payable at such times and at such fixed
or variable rate or rates, and be dated as shall be fixed and
determined by the Director of the Governor's Office of
Management and Budget in the order authorizing the issuance and
sale of any series of Bonds, which order shall be approved by
the Governor and is herein called a "Bond Sale Order"; provided
however, that interest payable at fixed or variable rates shall
not exceed that permitted in the Bond Authorization Act, as now
or hereafter amended. Bonds shall be payable at such place or
places, within or without the State of Illinois, and may be
made registrable as to either principal or as to both principal
and interest, as shall be specified in the Bond Sale Order.
Bonds may be callable or subject to purchase and retirement or
tender and remarketing as fixed and determined in the Bond Sale
Order. Bonds, other than Bonds issued under Section 3 of this
Act for the costs associated with the purchase and
implementation of information technology, (i) except for
refunding Bonds satisfying the requirements of Section 16 of
this Act and sold during fiscal year 2009, 2010, 2011, 2017, or
2018 must be issued with principal or mandatory redemption
amounts in equal amounts, with the first maturity issued
occurring within the fiscal year in which the Bonds are issued
or within the next succeeding fiscal year and (ii) must mature

or be subject to mandatory redemption each fiscal year
thereafter up to 25 years, except for refunding Bonds
satisfying the requirements of Section 16 of this Act and sold
during fiscal year 2009, 2010, or 2011 which must mature or be
subject to mandatory redemption each fiscal year thereafter up
to 16 years. Bonds issued under Section 3 of this Act for the
costs associated with the purchase and implementation of
information technology must be issued with principal or
mandatory redemption amounts in equal amounts, with the first
maturity issued occurring with the fiscal year in which the
respective bonds are issued or with the next succeeding fiscal
year, with the respective bonds issued maturing or subject to
mandatory redemption each fiscal year thereafter up to 10
years. Notwithstanding any provision of this Act to the
contrary, the Bonds authorized by Public Act 96-43 shall be
payable within 5 years from their date and must be issued with
principal or mandatory redemption amounts in equal amounts,
with payment of principal or mandatory redemption beginning in
the first fiscal year following the fiscal year in which the
Bonds are issued.
Notwithstanding any provision of this Act to the contrary,
the Bonds authorized by Public Act 96-1497 shall be payable
within 8 years from their date and shall be issued with payment
of maturing principal or scheduled mandatory redemptions in
accordance with the following schedule, except the following
amounts shall be prorated if less than the total additional

amount of Bonds authorized by Public Act 96-1497 are issued:
Fiscal Year After Issuance Amount
1-2 $0
3 $110,712,120
4 $332,136,360
5 $664,272,720
6-8 $996,409,080
Notwithstanding any provision of this Act to the contrary,
Income Tax Proceed Bonds issued under Section 7.6 shall be
payable 12 years from the date of sale and shall be issued with
payment of principal or mandatory redemption.
In the case of any series of Bonds bearing interest at a
variable interest rate ("Variable Rate Bonds"), in lieu of
determining the rate or rates at which such series of Variable
Rate Bonds shall bear interest and the price or prices at which
such Variable Rate Bonds shall be initially sold or remarketed
(in the event of purchase and subsequent resale), the Bond Sale
Order may provide that such interest rates and prices may vary
from time to time depending on criteria established in such
Bond Sale Order, which criteria may include, without
limitation, references to indices or variations in interest
rates as may, in the judgment of a remarketing agent, be
necessary to cause Variable Rate Bonds of such series to be
remarketable from time to time at a price equal to their
principal amount, and may provide for appointment of a bank,
trust company, investment bank, or other financial institution

to serve as remarketing agent in that connection. The Bond Sale
Order may provide that alternative interest rates or provisions
for establishing alternative interest rates, different
security or claim priorities, or different call or amortization
provisions will apply during such times as Variable Rate Bonds
of any series are held by a person providing credit or
liquidity enhancement arrangements for such Bonds as
authorized in subsection (b) of this Section. The Bond Sale
Order may also provide for such variable interest rates to be
established pursuant to a process generally known as an auction
rate process and may provide for appointment of one or more
financial institutions to serve as auction agents and
broker-dealers in connection with the establishment of such
interest rates and the sale and remarketing of such Bonds.
(b) In connection with the issuance of any series of Bonds,
the State may enter into arrangements to provide additional
security and liquidity for such Bonds, including, without
limitation, bond or interest rate insurance or letters of
credit, lines of credit, bond purchase contracts, or other
arrangements whereby funds are made available to retire or
purchase Bonds, thereby assuring the ability of owners of the
Bonds to sell or redeem their Bonds. The State may enter into
contracts and may agree to pay fees to persons providing such
arrangements, but only under circumstances where the Director
of the Governor's Office of Management and Budget certifies
that he or she reasonably expects the total interest paid or to

be paid on the Bonds, together with the fees for the
arrangements (being treated as if interest), would not, taken
together, cause the Bonds to bear interest, calculated to their
stated maturity, at a rate in excess of the rate that the Bonds
would bear in the absence of such arrangements.
The State may, with respect to Bonds issued or anticipated
to be issued, participate in and enter into arrangements with
respect to interest rate protection or exchange agreements,
guarantees, or financial futures contracts for the purpose of
limiting, reducing, or managing interest rate exposure. The
authority granted under this paragraph, however, shall not
increase the principal amount of Bonds authorized to be issued
by law. The arrangements may be executed and delivered by the
Director of the Governor's Office of Management and Budget on
behalf of the State. Net payments for such arrangements shall
constitute interest on the Bonds and shall be paid from the
General Obligation Bond Retirement and Interest Fund. The
Director of the Governor's Office of Management and Budget
shall at least annually certify to the Governor and the State
Comptroller his or her estimate of the amounts of such net
payments to be included in the calculation of interest required
to be paid by the State.
(c) Prior to the issuance of any Variable Rate Bonds
pursuant to subsection (a), the Director of the Governor's
Office of Management and Budget shall adopt an interest rate
risk management policy providing that the amount of the State's

variable rate exposure with respect to Bonds shall not exceed
20%. This policy shall remain in effect while any Bonds are
outstanding and the issuance of Bonds shall be subject to the
terms of such policy. The terms of this policy may be amended
from time to time by the Director of the Governor's Office of
Management and Budget but in no event shall any amendment cause
the permitted level of the State's variable rate exposure with
respect to Bonds to exceed 20%.
(d) "Build America Bonds" in this Section means Bonds
authorized by Section 54AA of the Internal Revenue Code of
1986, as amended ("Internal Revenue Code"), and bonds issued
from time to time to refund or continue to refund "Build
America Bonds".
(e) Notwithstanding any other provision of this Section,
Qualified School Construction Bonds shall be issued and sold
from time to time, in one or more series, in such amounts and
at such prices as may be directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. Qualified School Construction Bonds
shall be in such form (either coupon, registered or book
entry), in such denominations, payable within 25 years from
their date, subject to such terms of redemption with or without
premium, and if the Qualified School Construction Bonds are
issued with a supplemental coupon, bear interest payable at
such times and at such fixed or variable rate or rates, and be
dated as shall be fixed and determined by the Director of the

Governor's Office of Management and Budget in the order
authorizing the issuance and sale of any series of Qualified
School Construction Bonds, which order shall be approved by the
Governor and is herein called a "Bond Sale Order"; except that
interest payable at fixed or variable rates, if any, shall not
exceed that permitted in the Bond Authorization Act, as now or
hereafter amended. Qualified School Construction Bonds shall
be payable at such place or places, within or without the State
of Illinois, and may be made registrable as to either principal
or as to both principal and interest, as shall be specified in
the Bond Sale Order. Qualified School Construction Bonds may be
callable or subject to purchase and retirement or tender and
remarketing as fixed and determined in the Bond Sale Order.
Qualified School Construction Bonds must be issued with
principal or mandatory redemption amounts or sinking fund
payments into the General Obligation Bond Retirement and
Interest Fund (or subaccount therefor) in equal amounts, with
the first maturity issued, mandatory redemption payment or
sinking fund payment occurring within the fiscal year in which
the Qualified School Construction Bonds are issued or within
the next succeeding fiscal year, with Qualified School
Construction Bonds issued maturing or subject to mandatory
redemption or with sinking fund payments thereof deposited each
fiscal year thereafter up to 25 years. Sinking fund payments
set forth in this subsection shall be permitted only to the
extent authorized in Section 54F of the Internal Revenue Code

or as otherwise determined by the Director of the Governor's
Office of Management and Budget. "Qualified School
Construction Bonds" in this subsection means Bonds authorized
by Section 54F of the Internal Revenue Code and for bonds
issued from time to time to refund or continue to refund such
"Qualified School Construction Bonds".
(f) Beginning with the next issuance by the Governor's
Office of Management and Budget to the Procurement Policy Board
of a request for quotation for the purpose of formulating a new
pool of qualified underwriting banks list, all entities
responding to such a request for quotation for inclusion on
that list shall provide a written report to the Governor's
Office of Management and Budget and the Illinois Comptroller.
The written report submitted to the Comptroller shall (i) be
published on the Comptroller's Internet website and (ii) be
used by the Governor's Office of Management and Budget for the
purposes of scoring such a request for quotation. The written
report, at a minimum, shall:
(1) disclose whether, within the past 3 months,
pursuant to its credit default swap market-making
activities, the firm has entered into any State of Illinois
credit default swaps ("CDS");
(2) include, in the event of State of Illinois CDS
activity, disclosure of the firm's cumulative notional
volume of State of Illinois CDS trades and the firm's
outstanding gross and net notional amount of State of

Illinois CDS, as of the end of the current 3-month period;
(3) indicate, pursuant to the firm's proprietary
trading activities, disclosure of whether the firm, within
the past 3 months, has entered into any proprietary trades
for its own account in State of Illinois CDS;
(4) include, in the event of State of Illinois
proprietary trades, disclosure of the firm's outstanding
gross and net notional amount of proprietary State of
Illinois CDS and whether the net position is short or long
credit protection, as of the end of the current 3-month
period;
(5) list all time periods during the past 3 months
during which the firm held net long or net short State of
Illinois CDS proprietary credit protection positions, the
amount of such positions, and whether those positions were
net long or net short credit protection positions; and
(6) indicate whether, within the previous 3 months, the
firm released any publicly available research or marketing
reports that reference State of Illinois CDS and include
those research or marketing reports as attachments.
(g) All entities included on a Governor's Office of
Management and Budget's pool of qualified underwriting banks
list shall, as soon as possible after March 18, 2011 (the
effective date of Public Act 96-1554), but not later than
January 21, 2011, and on a quarterly fiscal basis thereafter,
provide a written report to the Governor's Office of Management

and Budget and the Illinois Comptroller. The written reports
submitted to the Comptroller shall be published on the
Comptroller's Internet website. The written reports, at a
minimum, shall:
(1) disclose whether, within the past 3 months,
pursuant to its credit default swap market-making
activities, the firm has entered into any State of Illinois
credit default swaps ("CDS");
(2) include, in the event of State of Illinois CDS
activity, disclosure of the firm's cumulative notional
volume of State of Illinois CDS trades and the firm's
outstanding gross and net notional amount of State of
Illinois CDS, as of the end of the current 3-month period;
(3) indicate, pursuant to the firm's proprietary
trading activities, disclosure of whether the firm, within
the past 3 months, has entered into any proprietary trades
for its own account in State of Illinois CDS;
(4) include, in the event of State of Illinois
proprietary trades, disclosure of the firm's outstanding
gross and net notional amount of proprietary State of
Illinois CDS and whether the net position is short or long
credit protection, as of the end of the current 3-month
period;
(5) list all time periods during the past 3 months
during which the firm held net long or net short State of
Illinois CDS proprietary credit protection positions, the

amount of such positions, and whether those positions were
net long or net short credit protection positions; and
(6) indicate whether, within the previous 3 months, the
firm released any publicly available research or marketing
reports that reference State of Illinois CDS and include
those research or marketing reports as attachments.
(h) Notwithstanding any other provision of this Section,
for purposes of maximizing market efficiencies and cost
savings, Income Tax Proceed Bonds may be issued and sold from
time to time, in one or more series, in such amounts and at
such prices as may be directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. Income Tax Proceed Bonds shall be in
such form, either coupon, registered, or book entry, in such
denominations, shall bear interest payable at such times and at
such fixed or variable rate or rates, and be dated as shall be
fixed and determined by the Director of the Governor's Office
of Management and Budget in the order authorizing the issuance
and sale of any series of Income Tax Proceed Bonds, which order
shall be approved by the Governor and is herein called a "Bond
Sale Order"; provided, however, that interest payable at fixed
or variable rates shall not exceed that permitted in the Bond
Authorization Act. Income Tax Proceed Bonds shall be payable at
such place or places, within or without the State of Illinois,
and may be made registrable as to either principal or as to
both principal and interest, as shall be specified in the Bond

Sale Order. Income Tax Proceed Bonds may be callable or subject
to purchase and retirement or tender and remarketing as fixed
and determined in the Bond Sale Order.
(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
7-6-17; revised 8-8-17.)
(30 ILCS 330/11) (from Ch. 127, par. 661)
Sec. 11. Sale of Bonds. Except as otherwise provided in
this Section, Bonds shall be sold from time to time pursuant to
notice of sale and public bid or by negotiated sale in such
amounts and at such times as is directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. At least 25%, based on total principal
amount, of all Bonds issued each fiscal year shall be sold
pursuant to notice of sale and public bid. At all times during
each fiscal year, no more than 75%, based on total principal
amount, of the Bonds issued each fiscal year, shall have been
sold by negotiated sale. Failure to satisfy the requirements in
the preceding 2 sentences shall not affect the validity of any
previously issued Bonds; provided that all Bonds authorized by
Public Act 96-43 and Public Act 96-1497 shall not be included
in determining compliance for any fiscal year with the
requirements of the preceding 2 sentences; and further provided
that refunding Bonds satisfying the requirements of Section 16
of this Act and sold during fiscal year 2009, 2010, 2011, 2017,

or 2018 shall not be subject to the requirements in the
preceding 2 sentences.
If any Bonds, including refunding Bonds, are to be sold by
negotiated sale, the Director of the Governor's Office of
Management and Budget shall comply with the competitive request
for proposal process set forth in the Illinois Procurement Code
and all other applicable requirements of that Code.
If Bonds are to be sold pursuant to notice of sale and
public bid, the Director of the Governor's Office of Management
and Budget may, from time to time, as Bonds are to be sold,
advertise the sale of the Bonds in at least 2 daily newspapers,
one of which is published in the City of Springfield and one in
the City of Chicago. The sale of the Bonds shall also be
advertised in the volume of the Illinois Procurement Bulletin
that is published by the Department of Central Management
Services, and shall be published once at least 10 days prior to
the date fixed for the opening of the bids. The Director of the
Governor's Office of Management and Budget may reschedule the
date of sale upon the giving of such additional notice as the
Director deems adequate to inform prospective bidders of such
change; provided, however, that all other conditions of the
sale shall continue as originally advertised.
Executed Bonds shall, upon payment therefor, be delivered
to the purchaser, and the proceeds of Bonds shall be paid into
the State Treasury as directed by Section 12 of this Act.
All Income Tax Proceed Bonds shall comply with this

Section. Notwithstanding anything to the contrary, however,
for purposes of complying with this Section, Income Tax Proceed
Bonds, regardless of the number of series or issuances sold
thereunder, shall be considered a single issue or series.
Furthermore, for purposes of complying with the competitive
bidding requirements of this Section, the words "at all times"
shall not apply to any such sale of the Income Tax Proceed
Bonds. The Director of the Governor's Office of Management and
Budget shall determine the time and manner of any competitive
sale of the Income Tax Proceed Bonds; however, that sale shall
under no circumstances take place later than 60 days after the
State closes the sale of 75% of the Income Tax Proceed Bonds by
negotiated sale.
(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
7-6-17; revised 8-15-17.)
Section 150. The Illinois Procurement Code is amended by
changing Sections 15-25, 45-45, and 45-57 as follows:
(30 ILCS 500/15-25)
Sec. 15-25. Bulletin content.
(a) Invitations for bids. Notice of each and every contract
that is offered, including renegotiated contracts and change
orders, shall be published in the Bulletin. The applicable
chief procurement officer may provide by rule an organized

format for the publication of this information, but in any case
it must include at least the date first offered, the date
submission of offers is due, the location that offers are to be
submitted to, the purchasing State agency, the responsible
State purchasing officer, a brief purchase description, the
method of source selection, information of how to obtain a
comprehensive purchase description and any disclosure and
contract forms, and encouragement to potential contractors to
hire qualified veterans, as defined by Section 45-67 of this
Code, and qualified Illinois minorities, women, persons with
disabilities, and residents discharged from any Illinois adult
correctional center.
(a-5) All businesses listed on the Illinois Unified
Certification Program Disadvantaged Business Enterprise
Directory, the Business Enterprise Program of the Department of
Central Management Services, and any small business database
created pursuant to Section 45-45 of this Code shall be
furnished written instructions and information on how to
register for the Illinois Procurement Bulletin. This
information shall be provided to each business within 30
calendar days after the business's notice of certification or
qualification.
(b) Contracts let. Notice of each and every contract that
is let, including renegotiated contracts and change orders,
shall be issued electronically to those bidders submitting
responses to the solicitations, inclusive of the unsuccessful

bidders, immediately upon contract let. Failure of any chief
procurement officer to give such notice shall result in tolling
the time for filing a bid protest up to 7 calendar days.
For purposes of this subsection (b), "contracts let" means
a construction agency's act of advertising an invitation for
bids for one or more construction projects.
(b-5) Contracts awarded. Notice of each and every contract
that is awarded, including renegotiated contracts and change
orders, shall be issued electronically to the successful
responsible bidder, offeror, or contractor and published in the
Bulletin. The applicable chief procurement officer may provide
by rule an organized format for the publication of this
information, but in any case it must include at least all of
the information specified in subsection (a) as well as the name
of the successful responsible bidder, offeror, the contract
price, the number of unsuccessful bidders or offerors and any
other disclosure specified in any Section of this Code. This
notice must be posted in the online electronic Bulletin prior
to execution of the contract.
For purposes of this subsection (b-5), "contract award"
means the determination that a particular bidder or offeror has
been selected from among other bidders or offerors to receive a
contract, subject to the successful completion of final
negotiations. "Contract award" is evidenced by the posting of a
Notice of Award or a Notice of Intent to Award to the
respective volume of the Illinois Procurement Bulletin.

(c) Emergency purchase disclosure. Any chief procurement
officer or State purchasing officer exercising emergency
purchase authority under this Code shall publish a written
description and reasons and the total cost, if known, or an
estimate if unknown and the name of the responsible chief
procurement officer and State purchasing officer, and the
business or person contracted with for all emergency purchases
in the Bulletin. This notice must be posted in the online
electronic Bulletin no later than 5 calendar days after the
contract is awarded. Notice of a hearing to extend an emergency
contract must be posted in the online electronic Procurement
Bulletin no later than 14 calendar days prior to the hearing.
(c-5) Business Enterprise Program report. Each purchasing
agency shall, with the assistance of the applicable chief
procurement officer, post in the online electronic Bulletin a
copy of its annual report of utilization of businesses owned by
minorities, women, and persons with disabilities as submitted
to the Business Enterprise Council for Minorities, Women, and
Persons with Disabilities pursuant to Section 6(c) of the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act within 10 calendar days after its submission
of its report to the Council.
(c-10) Renewals. Notice of each contract renewal shall be
posted in the Bulletin within 14 calendar days of the
determination to execute a renewal of the contract. The notice
shall include at least all of the information required in

subsection (a) or (b), as applicable.
(c-15) Sole source procurements. Before entering into a
sole source contract, a chief procurement officer exercising
sole source procurement authority under this Code shall publish
a written description of intent to enter into a sole source
contract along with a description of the item to be procured
and the intended sole source contractor. This notice must be
posted in the online electronic Procurement Bulletin before a
sole source contract is awarded and at least 14 calendar days
before the hearing required by Section 20-25.
(d) Other required disclosure. The applicable chief
procurement officer shall provide by rule for the organized
publication of all other disclosure required in other Sections
of this Code in a timely manner.
(e) The changes to subsections (b), (c), (c-5), (c-10), and
(c-15) of this Section made by Public Act 96-795 this
amendatory Act of the 96th General Assembly apply to reports
submitted, offers made, and notices on contracts executed on or
after July 1, 2010 (the its effective date of Public Act
96-795).
(f) Each chief procurement officer shall, in consultation
with the agencies under his or her jurisdiction, provide the
Procurement Policy Board with the information and resources
necessary, and in a manner, to effectuate the purpose of Public
Act 96-1444 this amendatory Act of the 96th General Assembly.
(Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17;

revised 10-2-17.)
(30 ILCS 500/45-45)
Sec. 45-45. Small businesses.
(a) Set-asides. Each chief procurement officer has
authority to designate as small business set-asides a fair
proportion of construction, supply, and service contracts for
award to small businesses in Illinois. Advertisements for bids
or offers for those contracts shall specify designation as
small business set-asides. In awarding the contracts, only bids
or offers from qualified small businesses shall be considered.
(b) Small business. "Small business" means a business that
is independently owned and operated and that is not dominant in
its field of operation. The chief procurement officer shall
establish a detailed definition by rule, using in addition to
the foregoing criteria other criteria, including the number of
employees and the dollar volume of business. When computing the
size status of a potential contractor, annual sales and
receipts of the potential contractor and all of its affiliates
shall be included. The maximum number of employees and the
maximum dollar volume that a small business may have under the
rules promulgated by the chief procurement officer may vary
from industry to industry to the extent necessary to reflect
differing characteristics of those industries, subject to the
following limitations:
(1) No wholesale business is a small business if its

annual sales for its most recently completed fiscal year
exceed $13,000,000.
(2) No retail business or business selling services is
a small business if its annual sales and receipts exceed
$8,000,000.
(3) No manufacturing business is a small business if it
employs more than 250 persons.
(4) No construction business is a small business if its
annual sales and receipts exceed $14,000,000.
(c) Fair proportion. For the purpose of subsection (a), for
State agencies of the executive branch, a fair proportion of
construction contracts shall be no less than 25% nor more than
40% of the annual total contracts for construction.
(d) Withdrawal of designation. A small business set-aside
designation may be withdrawn by the purchasing agency when
deemed in the best interests of the State. Upon withdrawal, all
bids or offers shall be rejected, and the bidders or offerors
shall be notified of the reason for rejection. The contract
shall then be awarded in accordance with this Code without the
designation of small business set-aside.
(e) Small business specialist. Each chief procurement
officer shall designate one or more individuals to serve as its
small business specialist. The small business specialists
shall collectively work together to accomplish the following
duties:
(1) Compiling and maintaining a comprehensive list of

potential small contractors. In this duty, he or she shall
cooperate with the Federal Small Business Administration
in locating potential sources for various products and
services.
(2) Assisting small businesses in complying with the
procedures for bidding on State contracts.
(3) Examining requests from State agencies for the
purchase of property or services to help determine which
invitations to bid are to be designated small business
set-asides.
(4) Making recommendations to the chief procurement
officer for the simplification of specifications and terms
in order to increase the opportunities for small business
participation.
(5) Assisting in investigations by purchasing agencies
to determine the responsibility of bidders or offerors on
small business set-asides.
(f) Small business annual report. Each small business
specialist designated under subsection (e) shall annually
before November 1 report in writing to the General Assembly
concerning the awarding of contracts to small businesses. The
report shall include the total value of awards made in the
preceding fiscal year under the designation of small business
set-aside. The report shall also include the total value of
awards made to businesses owned by minorities, women, and
persons with disabilities, as defined in the Business

Enterprise for Minorities, Women, and Persons with
Disabilities Act, in the preceding fiscal year under the
designation of small business set-aside.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report as required by
Section 3.1 of the General Assembly Organization Act.
(Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17;
revised 9-25-17.)
(30 ILCS 500/45-57)
Sec. 45-57. Veterans.
(a) Set-aside goal. It is the goal of the State to promote
and encourage the continued economic development of small
businesses owned and controlled by qualified veterans and that
qualified service-disabled veteran-owned small businesses
(referred to as SDVOSB) and veteran-owned small businesses
(referred to as VOSB) participate in the State's procurement
process as both prime contractors and subcontractors. Not less
than 3% of the total dollar amount of State contracts, as
defined by the Director of Central Management Services, shall
be established as a goal to be awarded to SDVOSB and VOSB. That
portion of a contract under which the contractor subcontracts
with a SDVOSB or VOSB may be counted toward the goal of this
subsection. The Department of Central Management Services
shall adopt rules to implement compliance with this subsection
by all State agencies.

(b) Fiscal year reports. By each November 1, each chief
procurement officer shall report to the Department of Central
Management Services on all of the following for the immediately
preceding fiscal year, and by each March 1 the Department of
Central Management Services shall compile and report that
information to the General Assembly:
(1) The total number of VOSB, and the number of SDVOSB,
who submitted bids for contracts under this Code.
(2) The total number of VOSB, and the number of SDVOSB,
who entered into contracts with the State under this Code
and the total value of those contracts.
(c) Yearly review and recommendations. Each year, each
chief procurement officer shall review the progress of all
State agencies under its jurisdiction in meeting the goal
described in subsection (a), with input from statewide
veterans' service organizations and from the business
community, including businesses owned by qualified veterans,
and shall make recommendations to be included in the Department
of Central Management Services' report to the General Assembly
regarding continuation, increases, or decreases of the
percentage goal. The recommendations shall be based upon the
number of businesses that are owned by qualified veterans and
on the continued need to encourage and promote businesses owned
by qualified veterans.
(d) Governor's recommendations. To assist the State in
reaching the goal described in subsection (a), the Governor

shall recommend to the General Assembly changes in programs to
assist businesses owned by qualified veterans.
(e) Definitions. As used in this Section:
"Armed forces of the United States" means the United States
Army, Navy, Air Force, Marine Corps, Coast Guard, or service in
active duty as defined under 38 U.S.C. Section 101. Service in
the Merchant Marine that constitutes active duty under Section
401 of federal Public Act 95-202 shall also be considered
service in the armed forces for purposes of this Section.
"Certification" means a determination made by the Illinois
Department of Veterans' Affairs and the Department of Central
Management Services that a business entity is a qualified
service-disabled veteran-owned small business or a qualified
veteran-owned small business for whatever purpose. A SDVOSB or
VOSB owned and controlled by women, minorities, or persons with
disabilities, as those terms are defined in Section 2 of the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act, may also select and designate whether that
business is to be certified as a "women-owned business",
"minority-owned business", or "business owned by a person with
a disability", as defined in Section 2 of the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act.
"Control" means the exclusive, ultimate, majority, or sole
control of the business, including but not limited to capital
investment and all other financial matters, property,

acquisitions, contract negotiations, legal matters,
officer-director-employee selection and comprehensive hiring,
operation responsibilities, cost-control matters, income and
dividend matters, financial transactions, and rights of other
shareholders or joint partners. Control shall be real,
substantial, and continuing, not pro forma. Control shall
include the power to direct or cause the direction of the
management and policies of the business and to make the
day-to-day as well as major decisions in matters of policy,
management, and operations. Control shall be exemplified by
possessing the requisite knowledge and expertise to run the
particular business, and control shall not include simple
majority or absentee ownership.
"Qualified service-disabled veteran" means a veteran who
has been found to have 10% or more service-connected disability
by the United States Department of Veterans Affairs or the
United States Department of Defense.
"Qualified service-disabled veteran-owned small business"
or "SDVOSB" means a small business (i) that is at least 51%
owned by one or more qualified service-disabled veterans living
in Illinois or, in the case of a corporation, at least 51% of
the stock of which is owned by one or more qualified
service-disabled veterans living in Illinois; (ii) that has its
home office in Illinois; and (iii) for which items (i) and (ii)
are factually verified annually by the Department of Central
Management Services.

"Qualified veteran-owned small business" or "VOSB" means a
small business (i) that is at least 51% owned by one or more
qualified veterans living in Illinois or, in the case of a
corporation, at least 51% of the stock of which is owned by one
or more qualified veterans living in Illinois; (ii) that has
its home office in Illinois; and (iii) for which items (i) and
(ii) are factually verified annually by the Department of
Central Management Services.
"Service-connected disability" means a disability incurred
in the line of duty in the active military, naval, or air
service as described in 38 U.S.C. 101(16).
"Small business" means a business that has annual gross
sales of less than $75,000,000 as evidenced by the federal
income tax return of the business. A firm with gross sales in
excess of this cap may apply to the Department of Central
Management Services for certification for a particular
contract if the firm can demonstrate that the contract would
have significant impact on SDVOSB or VOSB as suppliers or
subcontractors or in employment of veterans or
service-disabled veterans.
"State agency" has the meaning provided in Section 1-15.100
of this Code Women.
"Time of hostilities with a foreign country" means any
period of time in the past, present, or future during which a
declaration of war by the United States Congress has been or is
in effect or during which an emergency condition has been or is

in effect that is recognized by the issuance of a Presidential
proclamation or a Presidential executive order and in which the
armed forces expeditionary medal or other campaign service
medals are awarded according to Presidential executive order.
"Veteran" means a person who (i) has been a member of the
armed forces of the United States or, while a citizen of the
United States, was a member of the armed forces of allies of
the United States in time of hostilities with a foreign country
and (ii) has served under one or more of the following
conditions: (a) the veteran served a total of at least 6
months; (b) the veteran served for the duration of hostilities
regardless of the length of the engagement; (c) the veteran was
discharged on the basis of hardship; or (d) the veteran was
released from active duty because of a service connected
disability and was discharged under honorable conditions.
(f) Certification program. The Illinois Department of
Veterans' Affairs and the Department of Central Management
Services shall work together to devise a certification
procedure to assure that businesses taking advantage of this
Section are legitimately classified as qualified
service-disabled veteran-owned small businesses or qualified
veteran-owned small businesses.
(g) Penalties.
(1) Administrative penalties. The chief procurement
officers appointed pursuant to Section 10-20 shall suspend
any person who commits a violation of Section 17-10.3 or

subsection (d) of Section 33E-6 of the Criminal Code of
2012 relating to this Section from bidding on, or
participating as a contractor, subcontractor, or supplier
in, any State contract or project for a period of not less
than 3 years, and, if the person is certified as a
service-disabled veteran-owned small business or a
veteran-owned small business, then the Department shall
revoke the business's certification for a period of not
less than 3 years. An additional or subsequent violation
shall extend the periods of suspension and revocation for a
period of not less than 5 years. The suspension and
revocation shall apply to the principals of the business
and any subsequent business formed or financed by, or
affiliated with, those principals.
(2) Reports of violations. Each State agency shall
report any alleged violation of Section 17-10.3 or
subsection (d) of Section 33E-6 of the Criminal Code of
2012 relating to this Section to the chief procurement
officers appointed pursuant to Section 10-20. The chief
procurement officers appointed pursuant to Section 10-20
shall subsequently report all such alleged violations to
the Attorney General, who shall determine whether to bring
a civil action against any person for the violation.
(3) List of suspended persons. The chief procurement
officers appointed pursuant to Section 10-20 shall monitor
the status of all reported violations of Section 17-10.3 or

subsection (d) of Section 33E-6 of the Criminal Code of
1961 or the Criminal Code of 2012 relating to this Section
and shall maintain and make available to all State agencies
a central listing of all persons that committed violations
resulting in suspension.
(4) Use of suspended persons. During the period of a
person's suspension under paragraph (1) of this
subsection, a State agency shall not enter into any
contract with that person or with any contractor using the
services of that person as a subcontractor.
(5) Duty to check list. Each State agency shall check
the central listing provided by the chief procurement
officers appointed pursuant to Section 10-20 under
paragraph (3) of this subsection to verify that a person
being awarded a contract by that State agency, or to be
used as a subcontractor or supplier on a contract being
awarded by that State agency, is not under suspension
pursuant to paragraph (1) of this subsection.
(Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17;
revised 10-13-17.)
Section 155. The Governmental Joint Purchasing Act is
amended by changing Section 1 as follows:
(30 ILCS 525/1) (from Ch. 85, par. 1601)
Sec. 1. Definitions. For the purposes of this Act: ,

"Governmental unit" means the State of Illinois, any State
agency as defined in Section 1-15.100 of the Illinois
Procurement Code, officers of the State of Illinois, any public
authority which has the power to tax, or any other public
entity created by statute.
"Master contract" means a definite quantity or indefinite
quantity contract awarded pursuant to this Act against which
subsequent orders may be placed to meet the needs of a
governmental unit or qualified not-for-profit agency.
"Multiple award" means an award that is made to 2 or more
bidders or offerors for similar supplies or services.
(Source: P.A. 100-43, eff. 8-9-17; revised 9-25-17.)
Section 160. The State Prompt Payment Act is amended by
changing Section 7 as follows:
(30 ILCS 540/7) (from Ch. 127, par. 132.407)
Sec. 7. Payments to subcontractors and material suppliers.
(a) When a State official or agency responsible for
administering a contract submits a voucher to the Comptroller
for payment to a contractor, that State official or agency
shall promptly make available electronically the voucher
number, the date of the voucher, and the amount of the voucher.
The State official or agency responsible for administering the
contract shall provide subcontractors and material suppliers,
known to the State official or agency, with instructions on how

to access the electronic information.
(a-5) When a contractor receives any payment, the
contractor shall pay each subcontractor and material supplier
in proportion to the work completed by each subcontractor and
material supplier its application or pay estimate, plus
interest received under this Act. When a contractor receives
any payment, the contractor shall pay each lower-tiered
subcontractor and material supplier and each subcontractor and
material supplier shall make payment to its own respective
subcontractors and material suppliers. If the contractor
receives less than the full payment due under the public
construction contract, the contractor shall be obligated to
disburse on a pro rata basis those funds received, plus
interest received under this Act, with the contractor,
subcontractors and material suppliers each receiving a
prorated portion based on the amount of payment each has
earned. When, however, the State official or agency does not
release the full payment due under the contract because there
are specific areas of work or materials the State agency or
official has determined are not suitable for payment, then
those specific subcontractors or material suppliers involved
shall not be paid for that portion of work rejected or deemed
not suitable for payment and all other subcontractors and
suppliers shall be paid based upon the amount of payment each
has earned, plus interest received under this Act.
(a-10) For construction contracts with the Department of

Transportation, the contractor, subcontractor, or material
supplier, regardless of tier, shall not offset, decrease, or
diminish payment or payments that are due to its subcontractors
or material suppliers without reasonable cause.
A contractor, who refuses to make prompt payment, in whole
or in part, shall provide to the subcontractor or material
supplier and the public owner or its agent, a written notice of
that refusal. The written notice shall be made by a contractor
no later than 5 calendar days after payment is received by the
contractor. The written notice shall identify the Department of
Transportation's contract, any subcontract or material
purchase agreement, a detailed reason for refusal, the value of
the payment to be withheld, and the specific remedial actions
required of the subcontractor or material supplier so that
payment may be made. Written notice of refusal may be given in
a form and method which is acceptable to the parties and public
owner.
(b) If the contractor, without reasonable cause, fails to
make full payment of amounts due under subsection (a) to its
subcontractors and material suppliers within 15 calendar days
after receipt of payment from the State official or agency, the
contractor shall pay to its subcontractors and material
suppliers, in addition to the payment due them, interest in the
amount of 2% per month, calculated from the expiration of the
15-day period until fully paid. This subsection shall further
apply to any payments made by subcontractors and material

suppliers to their subcontractors and material suppliers and to
all payments made to lower tier subcontractors and material
suppliers throughout the contracting chain.
(1) If a contractor, without reasonable cause, fails to
make payment in full as provided in subsection (a-5) within
15 calendar days after receipt of payment under the public
construction contract, any subcontractor or material
supplier to whom payments are owed may file a written
notice and request for administrative hearing with the
State official or agency setting forth the amount owed by
the contractor and the contractor's failure to timely pay
the amount owed. The written notice and request for
administrative hearing shall identify the public
construction contract, the contractor, and the amount
owed, and shall contain a sworn statement or attestation to
verify the accuracy of the notice. The notice and request
for administrative hearing shall be filed with the State
official for the public construction contract, with a copy
of the notice concurrently provided to the contractor.
Notice to the State official may be made by certified or
registered mail, messenger service, or personal service,
and must include proof of delivery to the State official.
(2) The State official or agency, within 15 calendar
days after receipt of a subcontractor's or material
supplier's written notice and request for administrative
hearing, shall hold a hearing convened by an administrative

law judge to determine whether the contractor withheld
payment, without reasonable cause, from the subcontractors
or material suppliers and what amount, if any, is due to
the subcontractors or material suppliers, and the
reasonable cause or causes asserted by the contractor. The
State official or agency shall provide appropriate notice
to the parties of the date, time, and location of the
hearing. Each contractor, subcontractor, or material
supplier has the right to be represented by counsel at a
hearing and to cross-examine witnesses and challenge
documents. Upon the request of the subcontractor or
material supplier and a showing of good cause, reasonable
continuances may be granted by the administrative law
judge.
(3) Upon a finding by the administrative law judge that
the contractor failed to make payment in full, without
reasonable cause, as provided in subsection (a-10), then
the administrative law judge shall, in writing, order the
contractor to pay the amount owed to the subcontractors or
material suppliers plus interest within 15 calendar days
after the order.
(4) If a contractor fails to make full payment as
ordered under paragraph (3) of this subsection (b) within
15 days after the administrative law judge's order, then
the contractor shall be barred from entering into a State
public construction contract for a period of one year

beginning on the date of the administrative law judge's
order.
(5) If, on 2 or more occasions within a 3-calendar-year
period, there is a finding by an administrative law judge
that the contractor failed to make payment in full, without
reasonable cause, and a written order was issued to a
contractor under paragraph (3) of this subsection (b), then
the contractor shall be barred from entering into a State
public construction contract for a period of 6 months
beginning on the date of the administrative law judge's
second written order, even if the payments required under
the orders were made in full.
(6) If a contractor fails to make full payment as
ordered under paragraph (4) of this subsection (b), the
subcontractor or material supplier may, within 30 days of
the date of that order, petition the State agency for an
order for reasonable attorney's fees and costs incurred in
the prosecution of the action under this subsection (b).
Upon that petition and taking of additional evidence, as
may be required, the administrative law judge may issue a
supplemental order directing the contractor to pay those
reasonable attorney's fees and costs.
(7) The written order of the administrative law judge
shall be final and appealable under the Administrative
Review Law.
(c) This Section shall not be construed to in any manner

diminish, negate, or interfere with the
contractor-subcontractor or contractor-material supplier
relationship or commercially useful function.
(d) This Section shall not preclude, bar, or stay the
rights, remedies, and defenses available to the parties by way
of the operation of their contract, purchase agreement, the
Mechanics Lien Act, or the Public Construction Bond Act.
(e) State officials and agencies may adopt rules as may be
deemed necessary in order to establish the formal procedures
required under this Section.
(f) As used in this Section:,
"Payment" means the discharge of an obligation in money or
other valuable consideration or thing delivered in full or
partial satisfaction of an obligation to pay. "Payment" shall
include interest paid pursuant to this Act.
"Reasonable cause" may include, but is not limited to,
unsatisfactory workmanship or materials; failure to provide
documentation required by the contract, subcontract, or
material purchase agreement; claims made against the
Department of Transportation or the subcontractor pursuant to
subsection (c) of Section 23 of the Mechanics Lien Act or the
Public Construction Bond Act; judgments, levies, garnishments,
or other court-ordered assessments or offsets in favor of the
Department of Transportation or other State agency entered
against a subcontractor or material supplier. "Reasonable
cause" does not include payments issued to the contractor that

create a negative or reduced valuation pay application or pay
estimate due to a reduction of contract quantities or work not
performed or provided by the subcontractor or material
supplier; the interception or withholding of funds for reasons
not related to the subcontractor's or material supplier's work
on the contract; anticipated claims or assessments of third
parties not a party related to the contract or subcontract;
asserted claims or assessments of third parties that are not
authorized by court order, administrative tribunal, or
statute. "Reasonable cause" further does not include the
withholding, offset, or reduction of payment, in whole or in
part, due to the assessment of liquidated damages or penalties
assessed by the Department of Transportation against the
contractor, unless the subcontractor's performance or supplied
materials were the sole and proximate cause of the liquidated
damage or penalty.
(Source: P.A. 100-43, eff. 8-9-17; 100-376, eff. 1-1-18;
revised 10-22-17.)
Section 165. The Business Enterprise for Minorities,
Women, and Persons with Disabilities Act is amended by setting
forth, renumbering, and changing multiple versions of Section
8g as follows:
(30 ILCS 575/8g)
(Section scheduled to be repealed on June 30, 2020)

Sec. 8g. Business Enterprise Program Council reports.
(a) The Department of Central Management Services shall
provide a report to the Council identifying all State agency
non-construction solicitations that exceed $20,000,000 and
that have less than a 20% established goal prior to
publication.
(b) The Department of Central Management Services shall
provide a report to the Council identifying all State agency
non-construction awards that exceed $20,000,000. The report
shall contain the following: (i) the name of the awardee; (ii)
the total bid amount; (iii) the established Business Enterprise
Program goal; (iv) the dollar amount and percentage of
participation by businesses owned by minorities, women, and
persons with disabilities; and (v) the names of the certified
firms identified in the utilization plan.
(Source: P.A. 100-391, eff. 8-25-17.)
(30 ILCS 575/8j)
(Section scheduled to be repealed on June 30, 2020)
Sec. 8j 8g. Special Committee on Minority, Female, Persons
with Disabilities, and Veterans Contracting.
(a) There is created a Special Committee on Minority,
Female, Persons with Disabilities, and Veterans Contracting
under the Council. The Special Committee shall review Illinois'
procurement laws regarding contracting with minority-owned
businesses, women-owned female-owned businesses, businesses

owned by persons with disabilities, and veteran-owned
businesses to determine what changes should be made to increase
participation of these businesses in State procurements.
(b) The Special Committee shall consist of the following
members:
(1) 3 persons each to be appointed by the Speaker of
the House of Representatives, the Minority Leader of the
House of Representatives, the President of the Senate, and
the Minority Leader of the Senate; only one Special
Committee member of each appointee under this paragraph may
be a current member of the General Assembly;
(2) the Director of Central Management Services, or his
or her designee;
(3) the chairperson of the Council, or his or her
designee; and
(4) each chief procurement officer.
(c) The Special Committee shall conduct at least 3
hearings, with at least one hearing in Springfield and one in
Chicago. Each hearing shall be open to the public and notice of
the hearings shall be posted on the websites of the Procurement
Policy Board, the Department of Central Management Services,
and the General Assembly at least 6 days prior to the hearing.
(Source: P.A. 100-43, eff. 8-9-17; revised 12-14-17.)
Section 170. The Grant Accountability and Transparency Act
is amended by changing Section 45 as follows:

(30 ILCS 708/45)
(Section scheduled to be repealed on July 16, 2020)
Sec. 45. Applicability.
(a) The requirements established under this Act apply to
State grant-making agencies that make State and federal
pass-through awards to non-federal entities. These
requirements apply to all costs related to State and federal
pass-through awards. The requirements established under this
Act do not apply to private awards.
(a-5) Nothing in this Act shall prohibit the use of State
funds for purposes of federal match or maintenance of effort.
(b) The terms and conditions of State, federal, and
pass-through awards apply to subawards and subrecipients
unless a particular Section of this Act or the terms and
conditions of the State or federal award specifically indicate
otherwise. Non-federal entities shall comply with requirements
of this Act regardless of whether the non-federal entity is a
recipient or subrecipient of a State or federal pass-through
award. Pass-through entities shall comply with the
requirements set forth under the rules adopted under subsection
(a) of Section 20 of this Act, but not to any requirements in
this Act directed towards State or federal awarding agencies,
unless the requirements of the State or federal awards indicate
otherwise.
When a non-federal entity is awarded a cost-reimbursement

contract, only 2 CFR 200.330 through 200.332 are incorporated
by reference into the contract. However, when the Cost
Accounting Standards are applicable to the contract, they take
precedence over the requirements of this Act unless they are in
conflict with Subpart F of 2 CFR 200. In addition, costs that
are made unallowable under 10 U.S.C. 2324(e) and 41 U.S.C.
4304(a), as described in the Federal Acquisition Regulations,
subpart 31.2 and subpart 31.603, are always unallowable. For
requirements other than those covered in Subpart D of 2 CFR
200.330 through 200.332, the terms of the contract and the
Federal Acquisition Regulations apply.
With the exception of Subpart F of 2 CFR 200, which is
required by the Single Audit Act, in any circumstances where
the provisions of federal statutes or regulations differ from
the provisions of this Act, the provision of the federal
statutes or regulations govern. This includes, for agreements
with Indian tribes, the provisions of the Indian
Self-Determination and Education and Assistance Act, as
amended, 25 U.S.C. 450-458ddd-2.
(c) State grant-making agencies may apply subparts A
through E of 2 CFR 200 to for-profit entities, foreign public
entities, or foreign organizations, except where the awarding
agency determines that the application of these subparts would
be inconsistent with the international obligations of the
United States or the statute or regulations of a foreign
government.

(d) Except for 2 CFR 200.202 and 200.330 through 200.332,
the requirements in Subparts C, D, and E of 2 CFR 200 do not
apply to the following programs:
(1) The block grant awards authorized by the Omnibus
Budget Reconciliation Act of 1981 (including Community
Services; Preventive Health and Health Services; Alcohol,
Drug Abuse, and Mental Health Services; Maternal and Child
Health Services; Social Services; Low-Income Home Energy
Assistance; States' Program of Community Development Block
Grant Awards for Small Cities; and Elementary and Secondary
Education, other than programs administered by the
Secretary of Education under Title V, Subtitle D, Chapter
2, Section 583 - the Secretary's discretionary award
program) and both the Alcohol and Drug Abuse Treatment and
Rehabilitation Block Grant Award (42 U.S.C. 300x-21 to
300x-35 and 42 U.S.C. 300x-51 to 300x-64) and the Mental
Health Service for the Homeless Block Grant Award (42
U.S.C. 300x to 300x-9) under the Public Health Services
Act.
(2) Federal awards to local education agencies under 20
U.S.C. 7702 through 7703b (portions of the Impact Aid
program).
(3) Payments under the Department of Veterans Affairs'
State Home Per Diem Program (38 U.S.C. 1741).
(4) Federal awards authorized under the Child Care and
Development Block Grant Act of 1990, as amended, including

the following:
(A) Child Care and Development Block Grant (42
U.S.C. 9858).
(B) Child Care Mandatory and Matching Funds of the
Child Care and Development Fund (42 U.S.C. 9858).
(e) Except for the 2 CFR 200.202 requirement to provide
public notice of federal financial assistance programs, the
guidance in Subpart C Pre-federal Award Requirements and
Contents of Federal Awards does not apply to the following
programs:
(1) Entitlement federal awards to carry out the
following programs of the Social Security Act:
(A) Temporary Assistance for to Needy Families
(Title IV-A of the Social Security Act, 42 U.S.C.
601-619);
(B) Child Support Enforcement and Establishment of
Paternity (Title IV-D of the Social Security Act, 42
U.S.C. 651-669b);
(C) Foster Care and Adoption Assistance (Title
IV-E of the Act, 42 U.S.C. 670-679c);
(D) Aid to the Aged, Blind, and Disabled (Titles I,
X, XIV, and XVI - AABD of the Act, as amended); and
(E) Medical Assistance (Medicaid) (42 U.S.C.
1396-1396w-5), not including the State Medicaid Fraud
Control program authorized by Section 1903(a)(6)(B) of
the Social Security Act (42 U.S.C. 1396b(a)(6)(B)).

(2) A federal award for an experimental, pilot, or
demonstration project that is also supported by a federal
award listed in paragraph (1) of subsection (e) of this
Section.
(3) Federal awards under subsection 412(e) of the
Immigration and Nationality Act of 1965 and Section 501(a)
of the Refugee Education Assistance Act of 1980 for cash
assistance, medical assistance, and supplemental security
income benefits to refugees and entrants and the
administrative costs of providing the assistance and
benefits under 8 U.S.C. 1522(e).
(4) Entitlement awards under the following programs of
The National School Lunch Act:
(A) National School Lunch Program (42 U.S.C.
1753);
(B) Commodity Assistance (42 U.S.C. 1755);
(C) Special Meal Assistance (42 U.S.C. 1759a);
(D) Summer Food Service Program for Children (42
U.S.C. 1761); and
(E) Child and Adult Care Food Program (42 U.S.C.
1766).
(5) Entitlement awards under the following programs of
The Child Nutrition Act of 1966:
(A) Special Milk Program (42 U.S.C. 1772);
(B) School Breakfast Program (42 U.S.C. 1773); and
(C) State Administrative Expenses (42 U.S.C.

1776).
(6) Entitlement awards for State Administrative
Expenses under The Food and Nutrition Act of 2008 (7 U.S.C.
2025).
(7) Non-discretionary federal awards under the
following non-entitlement programs:
(A) Special Supplemental Nutrition Program for
Women, Infants and Children under the Child Nutrition
Act of 1966 (42 U.S.C. 1786);
(B) The Emergency Food Assistance Programs
(Emergency Food Assistance Act of 1983) (7 U.S.C.
7501); and
(C) Commodity Supplemental Food Program (7 U.S.C.
612c).
(f) For public institutions of higher education, the
provisions of this Act apply only to awards funded by State
appropriations and federal pass-through awards from a State
agency to public institutions of higher education.
(g) Each grant-making agency shall enhance its processes to
monitor and address noncompliance with reporting requirements
and with program performance standards. Where applicable, the
process may include a corrective action plan. The monitoring
process shall include a plan for tracking and documenting
performance-based contracting decisions.
(Source: P.A. 98-706, eff. 7-16-14; revised 9-25-17.)

Section 175. The Downstate Public Transportation Act is
amended by changing Section 2-3 as follows:
(30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
(Text of Section before amendment by P.A. 100-363)
Sec. 2-3. (a) As soon as possible after the first day of
each month, beginning July 1, 1984, upon certification of the
Department of Revenue, the Comptroller shall order
transferred, and the Treasurer shall transfer, from the General
Revenue Fund to a special fund in the State Treasury which is
hereby created, to be known as the "Downstate Public
Transportation Fund", an amount equal to 2/32 (beginning July
1, 2005, 3/32) of the net revenue realized from the "Retailers'
Occupation Tax Act", as now or hereafter amended, the "Service
Occupation Tax Act", as now or hereafter amended, the "Use Tax
Act", as now or hereafter amended, and the "Service Use Tax
Act", as now or hereafter amended, from persons incurring
municipal or county retailers' or service occupation tax
liability for the benefit of any municipality or county located
wholly within the boundaries of each participant, other than
any Metro-East Transit District participant certified pursuant
to subsection (c) of this Section during the preceding month,
except that the Department shall pay into the Downstate Public
Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
of the net revenue realized under the State tax Acts named
above within any municipality or county located wholly within

the boundaries of each participant, other than any Metro-East
participant, for tax periods beginning on or after January 1,
1990. Net revenue realized for a month shall be the revenue
collected by the State pursuant to such Acts during the
previous month from persons incurring municipal or county
retailers' or service occupation tax liability for the benefit
of any municipality or county located wholly within the
boundaries of a participant, less the amount paid out during
that same month as refunds or credit memoranda to taxpayers for
overpayment of liability under such Acts for the benefit of any
municipality or county located wholly within the boundaries of
a participant.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23) this amendatory Act of the 100th General Assembly,
those amounts required under this subsection (a) to be
transferred by the Treasurer into the Downstate Public
Transportation Fund from the General Revenue Fund shall be
directly deposited into the Downstate Public Transportation
Fund as the revenues are realized from the taxes indicated.
(b) As soon as possible after the first day of each month,
beginning July 1, 1989, upon certification of the Department of
Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, from the General Revenue Fund to a
special fund in the State Treasury which is hereby created, to
be known as the "Metro-East Public Transportation Fund", an

amount equal to 2/32 of the net revenue realized, as above,
from within the boundaries of Madison, Monroe, and St. Clair
Counties, except that the Department shall pay into the
Metro-East Public Transportation Fund 2/32 of 80% of the net
revenue realized under the State tax Acts specified in
subsection (a) of this Section within the boundaries of
Madison, Monroe and St. Clair Counties for tax periods
beginning on or after January 1, 1990. A local match equivalent
to an amount which could be raised by a tax levy at the rate of
.05% on the assessed value of property within the boundaries of
Madison County is required annually to cause a total of 2/32 of
the net revenue to be deposited in the Metro-East Public
Transportation Fund. Failure to raise the required local match
annually shall result in only 1/32 being deposited into the
Metro-East Public Transportation Fund after July 1, 1989, or
1/32 of 80% of the net revenue realized for tax periods
beginning on or after January 1, 1990.
(b-5) As soon as possible after the first day of each
month, beginning July 1, 2005, upon certification of the
Department of Revenue, the Comptroller shall order
transferred, and the Treasurer shall transfer, from the General
Revenue Fund to the Downstate Public Transportation Fund, an
amount equal to 3/32 of 80% of the net revenue realized from
within the boundaries of Monroe and St. Clair Counties under
the State Tax Acts specified in subsection (a) of this Section
and provided further that, beginning July 1, 2005, the

provisions of subsection (b) shall no longer apply with respect
to such tax receipts from Monroe and St. Clair Counties.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23) this amendatory Act of the 100th General Assembly,
those amounts required under this subsection (b-5) to be
transferred by the Treasurer into the Downstate Public
Transportation Fund from the General Revenue Fund shall be
directly deposited into the Downstate Public Transportation
Fund as the revenues are realized from the taxes indicated.
(b-6) As soon as possible after the first day of each
month, beginning July 1, 2008, upon certification by the
Department of Revenue, the Comptroller shall order transferred
and the Treasurer shall transfer, from the General Revenue Fund
to the Downstate Public Transportation Fund, an amount equal to
3/32 of 80% of the net revenue realized from within the
boundaries of Madison County under the State Tax Acts specified
in subsection (a) of this Section and provided further that,
beginning July 1, 2008, the provisions of subsection (b) shall
no longer apply with respect to such tax receipts from Madison
County.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23) this amendatory Act of the 100th General Assembly,
those amounts required under this subsection (b-6) to be
transferred by the Treasurer into the Downstate Public

Transportation Fund from the General Revenue Fund shall be
directly deposited into the Downstate Public Transportation
Fund as the revenues are realized from the taxes indicated.
(c) The Department shall certify to the Department of
Revenue the eligible participants under this Article and the
territorial boundaries of such participants for the purposes of
the Department of Revenue in subsections (a) and (b) of this
Section.
(d) For the purposes of this Article, beginning in fiscal
year 2009 the General Assembly shall appropriate an amount from
the Downstate Public Transportation Fund equal to the sum total
funds projected to be paid to the participants pursuant to
Section 2-7. If the General Assembly fails to make
appropriations sufficient to cover the amounts projected to be
paid pursuant to Section 2-7, this Act shall constitute an
irrevocable and continuing appropriation from the Downstate
Public Transportation Fund of all amounts necessary for those
purposes.
(e) Notwithstanding anything in this Section to the
contrary, amounts transferred from the General Revenue Fund to
the Downstate Public Transportation Fund pursuant to this
Section shall not exceed $169,000,000 in State fiscal year
2012.
(f) For State fiscal year 2018 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues

realized during State fiscal year 2018 shall be reduced by 10%.
(Source: P.A. 100-23, eff. 7-6-17; revised 10-20-17.)
(Text of Section after amendment by P.A. 100-363)
Sec. 2-3. (a) As soon as possible after the first day of
each month, beginning July 1, 1984, upon certification of the
Department of Revenue, the Comptroller shall order
transferred, and the Treasurer shall transfer, from the General
Revenue Fund to a special fund in the State Treasury which is
hereby created, to be known as the "Downstate Public
Transportation Fund", an amount equal to 2/32 (beginning July
1, 2005, 3/32) of the net revenue realized from the "Retailers'
Occupation Tax Act", as now or hereafter amended, the "Service
Occupation Tax Act", as now or hereafter amended, the "Use Tax
Act", as now or hereafter amended, and the "Service Use Tax
Act", as now or hereafter amended, from persons incurring
municipal or county retailers' or service occupation tax
liability for the benefit of any municipality or county located
wholly within the boundaries of each participant, other than
any Metro-East Transit District participant certified pursuant
to subsection (c) of this Section during the preceding month,
except that the Department shall pay into the Downstate Public
Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
of the net revenue realized under the State tax Acts named
above within any municipality or county located wholly within
the boundaries of each participant, other than any Metro-East

participant, for tax periods beginning on or after January 1,
1990. Net revenue realized for a month shall be the revenue
collected by the State pursuant to such Acts during the
previous month from persons incurring municipal or county
retailers' or service occupation tax liability for the benefit
of any municipality or county located wholly within the
boundaries of a participant, less the amount paid out during
that same month as refunds or credit memoranda to taxpayers for
overpayment of liability under such Acts for the benefit of any
municipality or county located wholly within the boundaries of
a participant.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23) this amendatory Act of the 100th General Assembly,
those amounts required under this subsection (a) to be
transferred by the Treasurer into the Downstate Public
Transportation Fund from the General Revenue Fund shall be
directly deposited into the Downstate Public Transportation
Fund as the revenues are realized from the taxes indicated.
(b) As soon as possible after the first day of each month,
beginning July 1, 1989, upon certification of the Department of
Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, from the General Revenue Fund to a
special fund in the State Treasury which is hereby created, to
be known as the "Metro-East Public Transportation Fund", an
amount equal to 2/32 of the net revenue realized, as above,

from within the boundaries of Madison, Monroe, and St. Clair
Counties, except that the Department shall pay into the
Metro-East Public Transportation Fund 2/32 of 80% of the net
revenue realized under the State tax Acts specified in
subsection (a) of this Section within the boundaries of
Madison, Monroe and St. Clair Counties for tax periods
beginning on or after January 1, 1990. A local match equivalent
to an amount which could be raised by a tax levy at the rate of
.05% on the assessed value of property within the boundaries of
Madison County is required annually to cause a total of 2/32 of
the net revenue to be deposited in the Metro-East Public
Transportation Fund. Failure to raise the required local match
annually shall result in only 1/32 being deposited into the
Metro-East Public Transportation Fund after July 1, 1989, or
1/32 of 80% of the net revenue realized for tax periods
beginning on or after January 1, 1990.
(b-5) As soon as possible after the first day of each
month, beginning July 1, 2005, upon certification of the
Department of Revenue, the Comptroller shall order
transferred, and the Treasurer shall transfer, from the General
Revenue Fund to the Downstate Public Transportation Fund, an
amount equal to 3/32 of 80% of the net revenue realized from
within the boundaries of Monroe and St. Clair Counties under
the State Tax Acts specified in subsection (a) of this Section
and provided further that, beginning July 1, 2005, the
provisions of subsection (b) shall no longer apply with respect

to such tax receipts from Monroe and St. Clair Counties.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23) this amendatory Act of the 100th General Assembly,
those amounts required under this subsection (b-5) to be
transferred by the Treasurer into the Downstate Public
Transportation Fund from the General Revenue Fund shall be
directly deposited into the Downstate Public Transportation
Fund as the revenues are realized from the taxes indicated.
(b-6) As soon as possible after the first day of each
month, beginning July 1, 2008, upon certification by the
Department of Revenue, the Comptroller shall order transferred
and the Treasurer shall transfer, from the General Revenue Fund
to the Downstate Public Transportation Fund, an amount equal to
3/32 of 80% of the net revenue realized from within the
boundaries of Madison County under the State Tax Acts specified
in subsection (a) of this Section and provided further that,
beginning July 1, 2008, the provisions of subsection (b) shall
no longer apply with respect to such tax receipts from Madison
County.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23) this amendatory Act of the 100th General Assembly,
those amounts required under this subsection (b-6) to be
transferred by the Treasurer into the Downstate Public
Transportation Fund from the General Revenue Fund shall be

directly deposited into the Downstate Public Transportation
Fund as the revenues are realized from the taxes indicated.
(b-7) Beginning July 1, 2018, notwithstanding the other
provisions of this Section, instead of the Comptroller making
monthly transfers from the General Revenue Fund to the
Downstate Public Transportation Fund, the Department of
Revenue shall deposit the designated fraction of the net
revenue realized from collections under the Retailers'
Occupation Tax Act, the Service Occupation Tax Act, the Use Tax
Act, and the Service Use Tax Act directly into the Downstate
Public Transportation Fund.
(c) The Department shall certify to the Department of
Revenue the eligible participants under this Article and the
territorial boundaries of such participants for the purposes of
the Department of Revenue in subsections (a) and (b) of this
Section.
(d) For the purposes of this Article, beginning in fiscal
year 2009 the General Assembly shall appropriate an amount from
the Downstate Public Transportation Fund equal to the sum total
funds projected to be paid to the participants pursuant to
Section 2-7. If the General Assembly fails to make
appropriations sufficient to cover the amounts projected to be
paid pursuant to Section 2-7, this Act shall constitute an
irrevocable and continuing appropriation from the Downstate
Public Transportation Fund of all amounts necessary for those
purposes.

(e) Notwithstanding anything in this Section to the
contrary, amounts transferred from the General Revenue Fund to
the Downstate Public Transportation Fund pursuant to this
Section shall not exceed $169,000,000 in State fiscal year
2012.
(f) For State fiscal year 2018 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2018 shall be reduced by 10%.
(Source: P.A. 100-23, eff. 7-6-17; 100-363, eff. 7-1-18;
revised 10-20-17.)
Section 180. The Build Illinois Act is amended by changing
Section 9-3 as follows:
(30 ILCS 750/9-3) (from Ch. 127, par. 2709-3)
Sec. 9-3. Powers and duties. The Department has the power:
(a) To make loans or equity investments to small
businesses, and to make loans or grants or investments to
or through financial intermediaries. The loans and
investments shall be made from appropriations from the
Build Illinois Bond Fund, Illinois Capital Revolving Loan
Fund, State Small Business Credit Initiative Fund, or
Illinois Equity Fund for the purpose of promoting the
creation or retention of jobs within small businesses or to
modernize or maintain competitiveness of firms in

Illinois. The grants shall be made from appropriations from
the Build Illinois Bond Fund or Illinois Capital Revolving
Loan Fund for the purpose of technical assistance.
(b) To make loans to or investments in businesses that
have received federal Phase I Small Business Innovation
Research grants as a bridge while awaiting federal Phase II
Small Business Innovation Research grant funds.
(c) To enter into interagency agreements, accept funds
or grants, and engage in cooperation with agencies of the
federal government, local units of government,
universities, research foundations, political subdivisions
of the State, financial intermediaries, and regional
economic development corporations or organizations for the
purposes of carrying out this Article.
(d) To enter into contracts, financial intermediary
agreements, or any other agreements or contracts with
financial intermediaries necessary or desirable to further
the purposes of this Article. Any such agreement or
contract may include, without limitation, terms and
provisions, including, but not limited to, loan
documentation, review and approval procedures,
organization and servicing rights, and default conditions.
(e) 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, collection fees, training fees,

or publication fees in connection with its activities under
this Article and to accept from any source any gifts,
donations, or contributions of money, property, labor, or
other things of value to be held, used, and applied to
carry out the purposes of this Article. All fees, charges,
collections, gifts, donations, or other contributions
shall be deposited into the Illinois Capital Revolving Loan
Fund, or the State Small Business Credit Initiative Fund.
(f) To establish application, notification, contract,
and other forms, procedures, rules or regulations deemed
necessary and appropriate.
(g) To consent, subject to the provisions of any
contract with another person, whenever it deems it
necessary or desirable in the fulfillment of the purposes
of this Article, to the modification or restructuring of
any financial intermediary agreement, loan agreement or
any equity investment agreement to which the Department is
a party.
(h) 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 provided hereunder or to otherwise protect
or affect the State's interest, 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.
(i) To deposit any "Qualified Securities" which have
been received by the Department as the result of any
financial intermediary agreement, loan, or equity
investment agreement executed in the carrying out of this
Act, with the Office of the State Treasurer and held by
that office until agreement to transfer such qualified
security shall be certified by the Director of Commerce and
Economic Opportunity.
(j) To assist small businesses that seek to apply for
public or private capital in preparing the application and
to supply them with grant information, plans, reports,
assistance, or advice on development finance and to assist
financial intermediaries and participating lenders to
build capacity to make debt or equity investments through
conferences, workshops, seminars, publications, or any
other media.
(k) To provide for staff, administration, and related
support required to manage the programs authorized under
this Article and pay for staffing and administration from
the Illinois Capital Revolving Loan Fund, or the State
Small Business Credit Initiative Fund, as appropriated by
the General Assembly. Administration responsibilities may
include, but are not limited to, research and
identification of credit disadvantaged groups; design of

comprehensive statewide capital access plans and programs
addressing capital gap and capital marketplace structure
and information barriers; direction, management, and
control of specific projects; and communicate and
cooperation with public development finance organizations
and private debt and equity sources.
(l) To exercise such other powers as are necessary or
incidental to the foregoing.
(Source: P.A. 99-933, eff. 1-27-17; 100-377, eff. 8-25-17;
revised 9-27-17.)
Section 185. The State Mandates Act is amended by changing
Section 8.41 as follows:
(30 ILCS 805/8.41)
Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by Public Act 100-23,
100-239, 100-281, 100-455, or 100-544 this amendatory Act of
the 100th General Assembly.
(Source: P.A. 100-23, eff. 7-6-17; 100-239, eff. 8-18-17;
100-281, eff. 8-24-17; 100-455, eff. 8-25-17; 100-544, eff.
11-8-17; revised 12-7-17.)
Section 190. The Illinois Income Tax Act is amended by
changing Sections 220, 704A, 901, and 917 as follows:

(35 ILCS 5/220)
Sec. 220. Angel investment credit.
(a) As used in this Section:
"Applicant" means a corporation, partnership, limited
liability company, or a natural person that makes an investment
in a qualified new business venture. The term "applicant" does
not include a corporation, partnership, limited liability
company, or a natural person who has a direct or indirect
ownership interest of at least 51% in the profits, capital, or
value of the investment or a related member.
"Claimant" means an applicant certified by the Department
who files a claim for a credit under this Section.
"Department" means the Department of Commerce and Economic
Opportunity.
"Investment" means money (or its equivalent) given to a
qualified new business venture, at a risk of loss, in
consideration for an equity interest of the qualified new
business venture. The Department may adopt rules to permit
certain forms of contingent equity investments to be considered
eligible for a tax credit under this Section.
"Qualified new business venture" means a business that is
registered with the Department under this Section.
"Related member" means a person that, with respect to the
applicant, is any one of the following:
(1) An individual, if the individual and the members of

the individual's family (as defined in Section 318 of the
Internal Revenue Code) own directly, indirectly,
beneficially, or constructively, in the aggregate, at
least 50% of the value of the outstanding profits, capital,
stock, or other ownership interest in the applicant.
(2) A partnership, estate, or trust and any partner or
beneficiary, if the partnership, estate, or trust and its
partners or beneficiaries own directly, indirectly,
beneficially, or constructively, in the aggregate, at
least 50% of the profits, capital, stock, or other
ownership interest in the applicant.
(3) A corporation, and any party related to the
corporation in a manner that would require an attribution
of stock from the corporation under the attribution rules
of Section 318 of the Internal Revenue Code, if the
applicant and any other related member own, in the
aggregate, directly, indirectly, beneficially, or
constructively, at least 50% of the value of the
corporation's outstanding stock.
(4) A corporation and any party related to that
corporation in a manner that would require an attribution
of stock from the corporation to the party or from the
party to the corporation under the attribution rules of
Section 318 of the Internal Revenue Code, if the
corporation and all such related parties own, in the
aggregate, at least 50% of the profits, capital, stock, or

other ownership interest in the applicant.
(5) A person to or from whom there is attribution of
stock ownership in accordance with Section 1563(e) of the
Internal Revenue Code, except that for purposes of
determining whether a person is a related member under this
paragraph, "20%" shall be substituted for "5%" whenever
"5%" appears in Section 1563(e) of the Internal Revenue
Code.
(b) For taxable years beginning after December 31, 2010,
and ending on or before December 31, 2021, subject to the
limitations provided in this Section, a claimant may claim, as
a credit against the tax imposed under subsections (a) and (b)
of Section 201 of this Act, an amount equal to 25% of the
claimant's investment made directly in a qualified new business
venture. In order for an investment in a qualified new business
venture to be eligible for tax credits, the business must have
applied for and received certification under subsection (e) for
the taxable year in which the investment was made prior to the
date on which the investment was made. The credit under this
Section may not exceed the taxpayer's Illinois income tax
liability for the taxable year. If the amount of the credit
exceeds the tax liability for the year, the excess may be
carried forward and applied to the tax liability of the 5
taxable years following the excess credit year. The credit
shall be applied to the earliest year for which there is a tax
liability. If there are credits from more than one tax year

that are available to offset a liability, the earlier credit
shall be applied first. In the case of a partnership or
Subchapter S Corporation, the credit is allowed to the partners
or shareholders in accordance with the determination of income
and distributive share of income under Sections 702 and 704 and
Subchapter S of the Internal Revenue Code.
(c) The minimum amount an applicant must invest in any
single qualified new business venture in order to be eligible
for a credit under this Section is $10,000. The maximum amount
of an applicant's total investment made in any single qualified
new business venture that may be used as the basis for a credit
under this Section is $2,000,000.
(d) The Department shall implement a program to certify an
applicant for an angel investment credit. Upon satisfactory
review, the Department shall issue a tax credit certificate
stating the amount of the tax credit to which the applicant is
entitled. The Department shall annually certify that: (i) each
qualified new business venture that receives an angel
investment under this Section has maintained a minimum
employment threshold, as defined by rule, in the State (and
continues to maintain a minimum employment threshold in the
State for a period of no less than 3 years from the issue date
of the last tax credit certificate issued by the Department
with respect to such business pursuant to this Section); and
(ii) the claimant's investment has been made and remains,
except in the event of a qualifying liquidity event, in the

qualified new business venture for no less than 3 years.
If an investment for which a claimant is allowed a credit
under subsection (b) is held by the claimant for less than 3
years, other than as a result of a permitted sale of the
investment to person who is not a related member, the claimant
shall pay to the Department of Revenue, in the manner
prescribed by the Department of Revenue, the aggregate amount
of the disqualified credits that the claimant received related
to the subject investment.
If the Department determines that a qualified new business
venture failed to maintain a minimum employment threshold in
the State through the date which is 3 years from the issue date
of the last tax credit certificate issued by the Department
with respect to the subject business pursuant to this Section,
the claimant or claimants shall pay to the Department of
Revenue, in the manner prescribed by the Department of Revenue,
the aggregate amount of the disqualified credits that claimant
or claimants received related to investments in that business.
(e) The Department shall implement a program to register
qualified new business ventures for purposes of this Section. A
business desiring registration under this Section shall be
required to submit a full and complete application to the
Department. A submitted application shall be effective only for
the taxable year in which it is submitted, and a business
desiring registration under this Section shall be required to
submit a separate application in and for each taxable year for

which the business desires registration. Further, if at any
time prior to the acceptance of an application for registration
under this Section by the Department one or more events occurs
which makes the information provided in that application
materially false or incomplete (in whole or in part), the
business shall promptly notify the Department of the same. Any
failure of a business to promptly provide the foregoing
information to the Department may, at the discretion of the
Department, result in a revocation of a previously approved
application for that business, or disqualification of the
business from future registration under this Section, or both.
The Department may register the business only if all of the
following conditions are satisfied:
(1) it has its principal place of business in this
State;
(2) at least 51% of the employees employed by the
business are employed in this State;
(3) the business has the potential for increasing jobs
in this State, increasing capital investment in this State,
or both, as determined by the Department, and either of the
following apply:
(A) it is principally engaged in innovation in any
of the following: manufacturing; biotechnology;
nanotechnology; communications; agricultural sciences;
clean energy creation or storage technology;
processing or assembling products, including medical

devices, pharmaceuticals, computer software, computer
hardware, semiconductors, other innovative technology
products, or other products that are produced using
manufacturing methods that are enabled by applying
proprietary technology; or providing services that are
enabled by applying proprietary technology; or
(B) it is undertaking pre-commercialization
activity related to proprietary technology that
includes conducting research, developing a new product
or business process, or developing a service that is
principally reliant on applying proprietary
technology;
(4) it is not principally engaged in real estate
development, insurance, banking, lending, lobbying,
political consulting, professional services provided by
attorneys, accountants, business consultants, physicians,
or health care consultants, wholesale or retail trade,
leisure, hospitality, transportation, or construction,
except construction of power production plants that derive
energy from a renewable energy resource, as defined in
Section 1 of the Illinois Power Agency Act;
(5) at the time it is first certified:
(A) it has fewer than 100 employees;
(B) it has been in operation in Illinois for not
more than 10 consecutive years prior to the year of
certification; and

(C) it has received not more than $10,000,000 in
aggregate investments;
(5.1) it agrees to maintain a minimum employment
threshold in the State of Illinois prior to the date which
is 3 years from the issue date of the last tax credit
certificate issued by the Department with respect to that
business pursuant to this Section;
(6) (blank); and
(7) it has received not more than $4,000,000 in
investments that qualified for tax credits under this
Section.
(f) The Department, in consultation with the Department of
Revenue, shall adopt rules to administer this Section. The
aggregate amount of the tax credits that may be claimed under
this Section for investments made in qualified new business
ventures shall be limited at $10,000,000 per calendar year, of
which $500,000 shall be reserved for investments made in
qualified new business ventures which are minority-owned
"minority owned businesses", female-owned "female owned
businesses", or "businesses owned by a person with a
disability" (as those terms are used and defined in the
Business Enterprise for Minorities, Women Females, and Persons
with Disabilities Act), and an additional $500,000 shall be
reserved for investments made in qualified new business
ventures with their principal place of business in counties
with a population of not more than 250,000. The foregoing

annual allowable amounts shall be allocated by the Department,
on a per calendar quarter basis and prior to the commencement
of each calendar year, in such proportion as determined by the
Department, provided that: (i) the amount initially allocated
by the Department for any one calendar quarter shall not exceed
35% of the total allowable amount; and (ii) any portion of the
allocated allowable amount remaining unused as of the end of
any of the first 2 calendar quarters of a given calendar year
shall be rolled into, and added to, the total allocated amount
for the next available calendar quarter.
(g) A claimant may not sell or otherwise transfer a credit
awarded under this Section to another person.
(h) On or before March 1 of each year, the Department shall
report to the Governor and to the General Assembly on the tax
credit certificates awarded under this Section for the prior
calendar year.
(1) This report must include, for each tax credit
certificate awarded:
(A) the name of the claimant and the amount of
credit awarded or allocated to that claimant;
(B) the name and address (including the county) of
the qualified new business venture that received the
investment giving rise to the credit, the North
American Industry Classification System (NAICS) code
applicable to that qualified new business venture, and
the number of employees of the qualified new business

venture; and
(C) the date of approval by the Department of each
claimant's tax credit certificate.
(2) The report must also include:
(A) the total number of applicants and the total
number of claimants, including the amount of each tax
credit certificate awarded to a claimant under this
Section in the prior calendar year;
(B) the total number of applications from
businesses seeking registration under this Section,
the total number of new qualified business ventures
registered by the Department, and the aggregate amount
of investment upon which tax credit certificates were
issued in the prior calendar year; and
(C) the total amount of tax credit certificates
sought by applicants, the amount of each tax credit
certificate issued to a claimant, the aggregate amount
of all tax credit certificates issued in the prior
calendar year and the aggregate amount of tax credit
certificates issued as authorized under this Section
for all calendar years.
(i) For each business seeking registration under this
Section after December 31, 2016, the Department shall require
the business to include in its application the North American
Industry Classification System (NAICS) code applicable to the
business and the number of employees of the business at the

time of application. Each business registered by the Department
as a qualified new business venture that receives an investment
giving rise to the issuance of a tax credit certificate
pursuant to this Section shall, for each of the 3 years
following the issue date of the last tax credit certificate
issued by the Department with respect to such business pursuant
to this Section, report to the Department the following:
(1) the number of employees and the location at which
those employees are employed, both as of the end of each
year;
(2) the amount of additional new capital investment
raised as of the end of each year, if any; and
(3) the terms of any liquidity event occurring during
such year; for the purposes of this Section, a "liquidity
event" means any event that would be considered an exit for
an illiquid investment, including any event that allows the
equity holders of the business (or any material portion
thereof) to cash out some or all of their respective equity
interests.
(Source: P.A. 100-328, eff. 1-1-18; revised 12-14-17.)
(35 ILCS 5/704A)
Sec. 704A. Employer's return and payment of tax withheld.
(a) In general, every employer who deducts and withholds or
is required to deduct and withhold tax under this Act on or
after January 1, 2008 shall make those payments and returns as

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

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

subsection (c)(1) or (c)(2) is deemed to be timely to the
extent paid by electronic funds transfer on or before the
due date for deposit of federal income taxes withheld from,
or federal employment taxes due with respect to, the wages
from which the Illinois taxes were withheld.
(3) Designate one or more depositories to which payment
of taxes required to be withheld under this Article 7 must
be paid by some or all employers.
(4) Increase the threshold dollar amounts at which
employers are required to make semi-weekly payments under
subsection (c)(1) or (c)(2).
(e) Annual return and payment. Every employer who deducts
and withholds or is required to deduct and withhold tax from a
person engaged in domestic service employment, as that term is
defined in Section 3510 of the Internal Revenue Code, may
comply with the requirements of this Section with respect to
such employees by filing an annual return and paying the taxes
required to be deducted and withheld on or before the 15th day
of the fourth month following the close of the employer's
taxable year. The Department may allow the employer's return to
be submitted with the employer's individual income tax return
or to be submitted with a return due from the employer under
Section 1400.2 of the Unemployment Insurance Act.
(f) Magnetic media and electronic filing. With respect to
taxes withheld in calendar years prior to 2017, any W-2 Form
that, under the Internal Revenue Code and regulations

promulgated thereunder, is required to be submitted to the
Internal Revenue Service on magnetic media or electronically
must also be submitted to the Department on magnetic media or
electronically for Illinois purposes, if required by the
Department.
With respect to taxes withheld in 2017 and subsequent
calendar years, the Department may, by rule, require that any
return (including any amended return) under this Section and
any W-2 Form that is required to be submitted to the Department
must be submitted on magnetic media or electronically.
The due date for submitting W-2 Forms shall be as
prescribed by the Department by rule.
(g) For amounts deducted or withheld after December 31,
2009, a taxpayer who makes an election under subsection (f) of
Section 5-15 of the Economic Development for a Growing Economy
Tax Credit Act for a taxable year shall be allowed a credit
against payments due under this Section for amounts withheld
during the first calendar year beginning after the end of that
taxable year equal to the amount of the credit for the
incremental income tax attributable to full-time employees of
the taxpayer awarded to the taxpayer by the Department of
Commerce and Economic Opportunity under the Economic
Development for a Growing Economy Tax Credit Act for the
taxable year and credits not previously claimed and allowed to
be carried forward under Section 211(4) of this Act as provided
in subsection (f) of Section 5-15 of the Economic Development

for a Growing Economy Tax Credit Act. The credit or credits may
not reduce the taxpayer's obligation for any payment due under
this Section to less than zero. If the amount of the credit or
credits exceeds the total payments due under this Section with
respect to amounts withheld during the calendar year, the
excess may be carried forward and applied against the
taxpayer's liability under this Section in the succeeding
calendar years as allowed to be carried forward under paragraph
(4) of Section 211 of this Act. The credit or credits shall be
applied to the earliest year for which there is a tax
liability. If there are credits from more than one taxable year
that are available to offset a liability, the earlier credit
shall be applied first. Each employer who deducts and withholds
or is required to deduct and withhold tax under this Act and
who retains income tax withholdings under subsection (f) of
Section 5-15 of the Economic Development for a Growing Economy
Tax Credit Act must make a return with respect to such taxes
and retained amounts in the form and manner that the
Department, by rule, requires and pay to the Department or to a
depositary designated by the Department those withheld taxes
not retained by the taxpayer. For purposes of this subsection
(g), the term taxpayer shall include taxpayer and members of
the taxpayer's unitary business group as defined under
paragraph (27) of subsection (a) of Section 1501 of this Act.
This Section is exempt from the provisions of Section 250 of
this Act. No credit awarded under the Economic Development for

a Growing Economy Tax Credit Act for agreements entered into on
or after January 1, 2015 may be credited against payments due
under this Section.
(h) An employer may claim a credit against payments due
under this Section for amounts withheld during the first
calendar year ending after the date on which a tax credit
certificate was issued under Section 35 of the Small Business
Job Creation Tax Credit Act. The credit shall be equal to the
amount shown on the certificate, but may not reduce the
taxpayer's obligation for any payment due under this Section to
less than zero. If the amount of the credit exceeds the total
payments due under this Section with respect to amounts
withheld during the calendar year, the excess may be carried
forward and applied against the taxpayer's liability under this
Section in the 5 succeeding calendar years. The credit shall be
applied to the earliest year for which there is a tax
liability. If there are credits from more than one calendar
year that are available to offset a liability, the earlier
credit shall be applied first. This Section is exempt from the
provisions of Section 250 of this Act.
(Source: P.A. 100-303, eff. 8-24-17; 100-511, eff. 9-18-17;
revised 11-6-17.)
(35 ILCS 5/901) (from Ch. 120, par. 9-901)
Sec. 901. Collection authority.
(a) In general. The Department shall collect the taxes

imposed by this Act. The Department shall collect certified
past due child support amounts under Section 2505-650 of the
Department of Revenue Law of the Civil Administrative Code of
Illinois. Except as provided in subsections (b), (c), (e), (f),
(g), and (h) of this Section, money collected pursuant to
subsections (a) and (b) of Section 201 of this Act shall be
paid into the General Revenue Fund in the State treasury; money
collected pursuant to subsections (c) and (d) of Section 201 of
this Act shall be paid into the Personal Property Tax
Replacement Fund, a special fund in the State Treasury; and
money collected under Section 2505-650 of the Department of
Revenue Law of the Civil Administrative Code of Illinois (20
ILCS 2505/2505-650) shall be paid into the Child Support
Enforcement Trust Fund, a special fund outside the State
Treasury, or to the State Disbursement Unit established under
Section 10-26 of the Illinois Public Aid Code, as directed by
the Department of Healthcare and Family Services.
(b) Local Government Distributive Fund. Beginning August
1, 1969, and continuing through June 30, 1994, the Treasurer
shall transfer each month from the General Revenue Fund to a
special fund in the State treasury, to be known as the "Local
Government Distributive Fund", an amount equal to 1/12 of the
net revenue realized from the tax imposed by subsections (a)
and (b) of Section 201 of this Act during the preceding month.
Beginning July 1, 1994, and continuing through June 30, 1995,
the Treasurer shall transfer each month from the General

Revenue Fund to the Local Government Distributive Fund an
amount equal to 1/11 of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
during the preceding month. Beginning July 1, 1995 and
continuing through January 31, 2011, the Treasurer shall
transfer each month from the General Revenue Fund to the Local
Government Distributive Fund an amount equal to the net of (i)
1/10 of the net revenue realized from the tax imposed by
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act during the preceding month (ii) minus, beginning July
1, 2003 and ending June 30, 2004, $6,666,666, and beginning
July 1, 2004, zero. Beginning February 1, 2011, and continuing
through January 31, 2015, the Treasurer shall transfer each
month from the General Revenue Fund to the Local Government
Distributive Fund an amount equal to the sum of (i) 6% (10% of
the ratio of the 3% individual income tax rate prior to 2011 to
the 5% individual income tax rate after 2010) of the net
revenue realized from the tax imposed by subsections (a) and
(b) of Section 201 of this Act upon individuals, trusts, and
estates during the preceding month and (ii) 6.86% (10% of the
ratio of the 4.8% corporate income tax rate prior to 2011 to
the 7% corporate income tax rate after 2010) of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act upon corporations during the preceding
month. Beginning February 1, 2015 and continuing through July
31, 2017, the Treasurer shall transfer each month from the

General Revenue Fund to the Local Government Distributive Fund
an amount equal to the sum of (i) 8% (10% of the ratio of the 3%
individual income tax rate prior to 2011 to the 3.75%
individual income tax rate after 2014) of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act upon individuals, trusts, and estates
during the preceding month and (ii) 9.14% (10% of the ratio of
the 4.8% corporate income tax rate prior to 2011 to the 5.25%
corporate income tax rate after 2014) of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act upon corporations during the preceding
month. Beginning August 1, 2017, the Treasurer shall transfer
each month from the General Revenue Fund to the Local
Government Distributive Fund an amount equal to the sum of (i)
6.06% (10% of the ratio of the 3% individual income tax rate
prior to 2011 to the 4.95% individual income tax rate after
July 1, 2017) of the net revenue realized from the tax imposed
by subsections (a) and (b) of Section 201 of this Act upon
individuals, trusts, and estates during the preceding month and
(ii) 6.85% (10% of the ratio of the 4.8% corporate income tax
rate prior to 2011 to the 7% corporate income tax rate after
July 1, 2017) of the net revenue realized from the tax imposed
by subsections (a) and (b) of Section 201 of this Act upon
corporations during the preceding month. Net revenue realized
for a month shall be defined as the revenue from the tax
imposed by subsections (a) and (b) of Section 201 of this Act

which is deposited in the General Revenue Fund, the Education
Assistance Fund, the Income Tax Surcharge Local Government
Distributive Fund, the Fund for the Advancement of Education,
and the Commitment to Human Services Fund during the month
minus the amount paid out of the General Revenue Fund in State
warrants during that same month as refunds to taxpayers for
overpayment of liability under the tax imposed by subsections
(a) and (b) of Section 201 of this Act.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23) this amendatory Act of the 100th General Assembly,
those amounts required under this subsection (b) to be
transferred by the Treasurer into the Local Government
Distributive Fund from the General Revenue Fund shall be
directly deposited into the Local Government Distributive Fund
as the revenue is realized from the tax imposed by subsections
(a) and (b) of Section 201 of this Act.
For State fiscal year 2018 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2018 shall be reduced by 10%.
(c) Deposits Into Income Tax Refund Fund.
(1) Beginning on January 1, 1989 and thereafter, the
Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(1), (2), and
(3), of Section 201 of this Act into a fund in the State

treasury known as the Income Tax Refund Fund. The
Department shall deposit 6% of such amounts during the
period beginning January 1, 1989 and ending on June 30,
1989. Beginning with State fiscal year 1990 and for each
fiscal year thereafter, the percentage deposited into the
Income Tax Refund Fund during a fiscal year shall be the
Annual Percentage. For fiscal years 1999 through 2001, the
Annual Percentage shall be 7.1%. For fiscal year 2003, the
Annual Percentage shall be 8%. For fiscal year 2004, the
Annual Percentage shall be 11.7%. Upon the effective date
of Public Act 93-839 (July 30, 2004) this amendatory Act of
the 93rd General Assembly, the Annual Percentage shall be
10% for fiscal year 2005. For fiscal year 2006, the Annual
Percentage shall be 9.75%. For fiscal year 2007, the Annual
Percentage shall be 9.75%. For fiscal year 2008, the Annual
Percentage shall be 7.75%. For fiscal year 2009, the Annual
Percentage shall be 9.75%. For fiscal year 2010, the Annual
Percentage shall be 9.75%. For fiscal year 2011, the Annual
Percentage shall be 8.75%. For fiscal year 2012, the Annual
Percentage shall be 8.75%. For fiscal year 2013, the Annual
Percentage shall be 9.75%. For fiscal year 2014, the Annual
Percentage shall be 9.5%. For fiscal year 2015, the Annual
Percentage shall be 10%. For fiscal year 2018, the Annual
Percentage shall be 9.8%. For all other fiscal years, the
Annual Percentage shall be calculated as a fraction, the
numerator of which shall be the amount of refunds approved

for payment by the Department during the preceding fiscal
year as a result of overpayment of tax liability under
subsections (a) and (b)(1), (2), and (3) of Section 201 of
this Act plus the amount of such refunds remaining approved
but unpaid at the end of the preceding fiscal year, minus
the amounts transferred into the Income Tax Refund Fund
from the Tobacco Settlement Recovery Fund, and the
denominator of which shall be the amounts which will be
collected pursuant to subsections (a) and (b)(1), (2), and
(3) of Section 201 of this Act during the preceding fiscal
year; except that in State fiscal year 2002, the Annual
Percentage shall in no event exceed 7.6%. The Director of
Revenue shall certify the Annual Percentage to the
Comptroller on the last business day of the fiscal year
immediately preceding the fiscal year for which it is to be
effective.
(2) Beginning on January 1, 1989 and thereafter, the
Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(6), (7), and
(8), (c) and (d) of Section 201 of this Act into a fund in
the State treasury known as the Income Tax Refund Fund. The
Department shall deposit 18% of such amounts during the
period beginning January 1, 1989 and ending on June 30,
1989. Beginning with State fiscal year 1990 and for each
fiscal year thereafter, the percentage deposited into the
Income Tax Refund Fund during a fiscal year shall be the

Annual Percentage. For fiscal years 1999, 2000, and 2001,
the Annual Percentage shall be 19%. For fiscal year 2003,
the Annual Percentage shall be 27%. For fiscal year 2004,
the Annual Percentage shall be 32%. Upon the effective date
of Public Act 93-839 (July 30, 2004) this amendatory Act of
the 93rd General Assembly, the Annual Percentage shall be
24% for fiscal year 2005. For fiscal year 2006, the Annual
Percentage shall be 20%. For fiscal year 2007, the Annual
Percentage shall be 17.5%. For fiscal year 2008, the Annual
Percentage shall be 15.5%. For fiscal year 2009, the Annual
Percentage shall be 17.5%. For fiscal year 2010, the Annual
Percentage shall be 17.5%. For fiscal year 2011, the Annual
Percentage shall be 17.5%. For fiscal year 2012, the Annual
Percentage shall be 17.5%. For fiscal year 2013, the Annual
Percentage shall be 14%. For fiscal year 2014, the Annual
Percentage shall be 13.4%. For fiscal year 2015, the Annual
Percentage shall be 14%. For fiscal year 2018, the Annual
Percentage shall be 17.5%. For all other fiscal years, the
Annual Percentage shall be calculated as a fraction, the
numerator of which shall be the amount of refunds approved
for payment by the Department during the preceding fiscal
year as a result of overpayment of tax liability under
subsections (a) and (b)(6), (7), and (8), (c) and (d) of
Section 201 of this Act plus the amount of such refunds
remaining approved but unpaid at the end of the preceding
fiscal year, and the denominator of which shall be the

amounts which will be collected pursuant to subsections (a)
and (b)(6), (7), and (8), (c) and (d) of Section 201 of
this Act during the preceding fiscal year; except that in
State fiscal year 2002, the Annual Percentage shall in no
event exceed 23%. The Director of Revenue shall certify the
Annual Percentage to the Comptroller on the last business
day of the fiscal year immediately preceding the fiscal
year for which it is to be effective.
(3) The Comptroller shall order transferred and the
Treasurer shall transfer from the Tobacco Settlement
Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
in January, 2001, (ii) $35,000,000 in January, 2002, and
(iii) $35,000,000 in January, 2003.
(d) Expenditures from Income Tax Refund Fund.
(1) Beginning January 1, 1989, money in the Income Tax
Refund Fund shall be expended exclusively for the purpose
of paying refunds resulting from overpayment of tax
liability under Section 201 of this Act, for paying rebates
under Section 208.1 in the event that the amounts in the
Homeowners' Tax Relief Fund are insufficient for that
purpose, and for making transfers pursuant to this
subsection (d).
(2) The Director shall order payment of refunds
resulting from overpayment of tax liability under Section
201 of this Act from the Income Tax Refund Fund only to the
extent that amounts collected pursuant to Section 201 of

this Act and transfers pursuant to this subsection (d) and
item (3) of subsection (c) have been deposited and retained
in the Fund.
(3) As soon as possible after the end of each fiscal
year, the Director shall order transferred and the State
Treasurer and State Comptroller shall transfer from the
Income Tax Refund Fund to the Personal Property Tax
Replacement Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount
collected pursuant to subsections (c) and (d) of Section
201 of this Act deposited into the Income Tax Refund Fund
during the fiscal year over the amount of refunds resulting
from overpayment of tax liability under subsections (c) and
(d) of Section 201 of this Act paid from the Income Tax
Refund Fund during the fiscal year.
(4) As soon as possible after the end of each fiscal
year, the Director shall order transferred and the State
Treasurer and State Comptroller shall transfer from the
Personal Property Tax Replacement Fund to the Income Tax
Refund Fund an amount, certified by the Director to the
Comptroller, equal to the excess of the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year over
the amount collected pursuant to subsections (c) and (d) of
Section 201 of this Act deposited into the Income Tax

Refund Fund during the fiscal year.
(4.5) As soon as possible after the end of fiscal year
1999 and of each fiscal year thereafter, the Director shall
order transferred and the State Treasurer and State
Comptroller shall transfer from the Income Tax Refund Fund
to the General Revenue Fund any surplus remaining in the
Income Tax Refund Fund as of the end of such fiscal year;
excluding for fiscal years 2000, 2001, and 2002 amounts
attributable to transfers under item (3) of subsection (c)
less refunds resulting from the earned income tax credit.
(5) This Act shall constitute an irrevocable and
continuing appropriation from the Income Tax Refund Fund
for the purpose of paying refunds upon the order of the
Director in accordance with the provisions of this Section.
(e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund. On
July 1, 1991, and thereafter, of the amounts collected pursuant
to subsections (a) and (b) of Section 201 of this Act, minus
deposits into the Income Tax Refund Fund, the Department shall
deposit 7.3% into the Education Assistance Fund in the State
Treasury. Beginning July 1, 1991, and continuing through
January 31, 1993, of the amounts collected pursuant to
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 3.0% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.

Beginning February 1, 1993 and continuing through June 30,
1993, of the amounts collected pursuant to subsections (a) and
(b) of Section 201 of the Illinois Income Tax Act, minus
deposits into the Income Tax Refund Fund, the Department shall
deposit 4.4% into the Income Tax Surcharge Local Government
Distributive Fund in the State Treasury. Beginning July 1,
1993, and continuing through June 30, 1994, of the amounts
collected under subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 1.475% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
(f) Deposits into the Fund for the Advancement of
Education. Beginning February 1, 2015, the Department shall
deposit the following portions of the revenue realized from the
tax imposed upon individuals, trusts, and estates by
subsections (a) and (b) of Section 201 of this Act during the
preceding month, minus deposits into the Income Tax Refund
Fund, into the Fund for the Advancement of Education:
(1) beginning February 1, 2015, and prior to February
1, 2025, 1/30; and
(2) beginning February 1, 2025, 1/26.
If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (f) on or after the effective date of the reduction.
(g) Deposits into the Commitment to Human Services Fund.

Beginning February 1, 2015, the Department shall deposit the
following portions of the revenue realized from the tax imposed
upon individuals, trusts, and estates by subsections (a) and
(b) of Section 201 of this Act during the preceding month,
minus deposits into the Income Tax Refund Fund, into the
Commitment to Human Services Fund:
(1) beginning February 1, 2015, and prior to February
1, 2025, 1/30; and
(2) beginning February 1, 2025, 1/26.
If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (g) on or after the effective date of the reduction.
(h) Deposits into the Tax Compliance and Administration
Fund. Beginning on the first day of the first calendar month to
occur on or after August 26, 2014 (the effective date of Public
Act 98-1098), each month the Department shall pay into the Tax
Compliance and Administration Fund, to be used, subject to
appropriation, to fund additional auditors and compliance
personnel at the Department, an amount equal to 1/12 of 5% of
the cash receipts collected during the preceding fiscal year by
the Audit Bureau of the Department from the tax imposed by
subsections (a), (b), (c), and (d) of Section 201 of this Act,
net of deposits into the Income Tax Refund Fund made from those
cash receipts.
(Source: P.A. 99-78, eff. 7-20-15; 100-22, eff. 7-6-17; 100-23,

eff. 7-6-17; revised 8-3-17.)
(35 ILCS 5/917) (from Ch. 120, par. 9-917)
Sec. 917. Confidentiality and information sharing.
(a) Confidentiality. Except as provided in this Section,
all information received by the Department from returns filed
under this Act, or from any investigation conducted under the
provisions of this Act, shall be confidential, except for
official purposes within the Department or pursuant to official
procedures for collection of any State tax or pursuant to an
investigation or audit by the Illinois State Scholarship
Commission of a delinquent student loan or monetary award or
enforcement of any civil or criminal penalty or sanction
imposed by this Act or by another statute imposing a State tax,
and any person who divulges any such information in any manner,
except for such purposes and pursuant to order of the Director
or in accordance with a proper judicial order, shall be guilty
of a Class A misdemeanor. However, the provisions of this
paragraph are not applicable to information furnished to (i)
the Department of Healthcare and Family Services (formerly
Department of Public Aid), State's Attorneys, and the Attorney
General for child support enforcement purposes and (ii) a
licensed attorney representing the taxpayer where an appeal or
a protest has been filed on behalf of the taxpayer. If it is
necessary to file information obtained pursuant to this Act in
a child support enforcement proceeding, the information shall

be filed under seal.
(b) Public information. Nothing contained in this Act shall
prevent the Director from publishing or making available to the
public the names and addresses of persons filing returns under
this Act, or from publishing or making available reasonable
statistics concerning the operation of the tax wherein the
contents of returns are grouped into aggregates in such a way
that the information contained in any individual return shall
not be disclosed.
(c) Governmental agencies. The Director may make available
to the Secretary of the Treasury of the United States or his
delegate, or the proper officer or his delegate of any other
state imposing a tax upon or measured by income, for
exclusively official purposes, information received by the
Department in the administration of this Act, but such
permission shall be granted only if the United States or such
other state, as the case may be, grants the Department
substantially similar privileges. The Director may exchange
information with the Department of Healthcare and Family
Services and the Department of Human Services (acting as
successor to the Department of Public Aid under the Department
of Human Services Act) for the purpose of verifying sources and
amounts of income and for other purposes directly connected
with the administration of this Act, the Illinois Public Aid
Code, and any other health benefit program administered by the
State. The Director may exchange information with the Director

of the Department of Employment Security for the purpose of
verifying sources and amounts of income and for other purposes
directly connected with the administration of this Act and Acts
administered by the Department of Employment Security. The
Director may make available to the Illinois Workers'
Compensation Commission information regarding employers for
the purpose of verifying the insurance coverage required under
the Workers' Compensation Act and Workers' Occupational
Diseases Act. The Director may exchange information with the
Illinois Department on Aging for the purpose of verifying
sources and amounts of income for purposes directly related to
confirming eligibility for participation in the programs of
benefits authorized by the Senior Citizens and Persons with
Disabilities Property Tax Relief and Pharmaceutical Assistance
Act. The Director may exchange information with the State
Treasurer's Office and the Department of Employment Security
for the purpose of implementing, administering, and enforcing
the Illinois Secure Choice Savings Program Act. The Director
may exchange information with the State Treasurer's Office for
the purpose of administering the Revised Uniform Disposition of
Unclaimed Property Act or successor Acts.
The Director may make available to any State agency,
including the Illinois Supreme Court, which licenses persons to
engage in any occupation, information that a person licensed by
such agency has failed to file returns under this Act or pay
the tax, penalty and interest shown therein, or has failed to

pay any final assessment of tax, penalty or interest due under
this Act. The Director may make available to any State agency,
including the Illinois Supreme Court, information regarding
whether a bidder, contractor, or an affiliate of a bidder or
contractor has failed to file returns under this Act or pay the
tax, penalty, and interest shown therein, or has failed to pay
any final assessment of tax, penalty, or interest due under
this Act, for the limited purpose of enforcing bidder and
contractor certifications. For purposes of this Section, the
term "affiliate" means any entity that (1) directly,
indirectly, or constructively controls another entity, (2) is
directly, indirectly, or constructively controlled by another
entity, or (3) is subject to the control of a common entity.
For purposes of this subsection (a), an entity controls another
entity if it owns, directly or individually, more than 10% of
the voting securities of that entity. As used in this
subsection (a), the term "voting security" means a security
that (1) confers upon the holder the right to vote for the
election of members of the board of directors or similar
governing body of the business or (2) is convertible into, or
entitles the holder to receive upon its exercise, a security
that confers such a right to vote. A general partnership
interest is a voting security.
The Director may make available to any State agency,
including the Illinois Supreme Court, units of local
government, and school districts, information regarding

whether a bidder or contractor is an affiliate of a person who
is not collecting and remitting Illinois Use taxes, for the
limited purpose of enforcing bidder and contractor
certifications.
The Director may also make available to the Secretary of
State information that a corporation which has been issued a
certificate of incorporation by the Secretary of State has
failed to file returns under this Act or pay the tax, penalty
and interest shown therein, or has failed to pay any final
assessment of tax, penalty or interest due under this Act. An
assessment is final when all proceedings in court for review of
such assessment have terminated or the time for the taking
thereof has expired without such proceedings being instituted.
For taxable years ending on or after December 31, 1987, the
Director may make available to the Director or principal
officer of any Department of the State of Illinois, information
that a person employed by such Department has failed to file
returns under this Act or pay the tax, penalty and interest
shown therein. For purposes of this paragraph, the word
"Department" shall have the same meaning as provided in Section
3 of the State Employees Group Insurance Act of 1971.
(d) The Director shall make available for public inspection
in the Department's principal office and for publication, at
cost, administrative decisions issued on or after January 1,
1995. These decisions are to be made available in a manner so
that the following taxpayer information is not disclosed:

(1) The names, addresses, and identification numbers
of the taxpayer, related entities, and employees.
(2) At the sole discretion of the Director, trade
secrets or other confidential information identified as
such by the taxpayer, no later than 30 days after receipt
of an administrative decision, by such means as the
Department shall provide by rule.
The Director shall determine the appropriate extent of the
deletions allowed in paragraph (2). In the event the taxpayer
does not submit deletions, the Director shall make only the
deletions specified in paragraph (1).
The Director shall make available for public inspection and
publication an administrative decision within 180 days after
the issuance of the administrative decision. The term
"administrative decision" has the same meaning as defined in
Section 3-101 of Article III of the Code of Civil Procedure.
Costs collected under this Section shall be paid into the Tax
Compliance and Administration Fund.
(e) Nothing contained in this Act shall prevent the
Director from divulging information to any person pursuant to a
request or authorization made by the taxpayer, by an authorized
representative of the taxpayer, or, in the case of information
related to a joint return, by the spouse filing the joint
return with the taxpayer.
(Source: P.A. 99-143, eff. 7-27-15; 99-571, eff. 7-15-16;
100-47, eff. 8-11-17; revised 10-2-17.)

Section 195. The Small Business Job Creation Tax Credit Act
is amended by changing Section 10 as follows:
(35 ILCS 25/10)
Sec. 10. Definitions. In this Act:
"Applicant" means a person that is operating a business
located within the State of Illinois that is engaged in
interstate or intrastate commerce and either:
(1) has no more than 50 full-time employees, without
regard to the location of employment of such employees at
the beginning of the incentive period; or
(2) hired within the incentive period an employee who
had participated as worker-trainee in the Put Illinois to
Work Program during 2010.
In the case of any person that is a member of a unitary
business group within the meaning of subdivision (a)(27) of
Section 1501 of the Illinois Income Tax Act, "applicant" refers
to the unitary business group.
"Certificate" means the tax credit certificate issued by
the Department under Section 35 of this Act.
"Certificate of eligibility" means the certificate issued
by the Department under Section 20 of this Act.
"Credit" means the amount awarded by the Department to an
applicant by issuance of a certificate under Section 35 of this
Act for each new full-time equivalent employee hired or job

created.
"Department" means the Department of Commerce and Economic
Opportunity.
"Director" means the Director of the Department.
"Full-time employee" means an individual who is employed
for a basic wage for at least 35 hours each week or who renders
any other standard of service generally accepted by industry
custom or practice as full-time employment. An individual for
whom a W-2 is issued by a Professional Employer Organization is
a full-time employee if he or she is employed in the service of
the applicant for a basic wage for at least 35 hours each week
or renders any other standard of service generally accepted by
industry custom or practice as full-time employment. For the
purposes of this Act, such an individual shall be considered a
full-time employee of the applicant.
"Professional Employer Organization" (PEO) shall have the
same meaning as defined in Section 5-5 of the Economic
Development for a Growing Economy Tax Credit Act. As used in
this Section, "Professional Employer Organization" does not
include a day and temporary labor service agency regulated
under the Day and Temporary Labor Services Act.
"Incentive period" means the period beginning on July 1 and
ending on June 30 of the following year. The first incentive
period shall begin on July 1, 2010 and the last incentive
period shall end on June 30, 2016.
"Basic wage" means compensation for employment that is no

less than $10 per hour or the equivalent salary for a new
employee.
"New employee" means a full-time employee:
(1) who first became employed by an applicant with less
than 50 full-time employees within the incentive period
whose hire results in a net increase in the applicant's
full-time Illinois employees and who is receiving a basic
wage as compensation; or
(2) who participated as a worker-trainee in the Put
Illinois to Work Program during 2010 and who is
subsequently hired during the incentive period by an
applicant and who is receiving a basic wage as
compensation.
The term "new employee" does not include:
(1) a person who was previously employed in Illinois by
the applicant or a related member prior to the onset of the
incentive period; or
(2) any individual who has a direct or indirect
ownership interest of at least 5% in the profits, capital,
or value of the applicant or a related member.
"Noncompliance date" means, in the case of an applicant
that is not complying with the requirements of the provisions
of this Act, the day following the last date upon which the
taxpayer was in compliance with the requirements of the
provisions of this Act, as determined by the Director, pursuant
to Section 45 of this Act.

"Put Illinois to Work Program" means a worker training and
employment program that was established by the State of
Illinois with funding from the United States Department of
Health and Human Services of Emergency Temporary Assistance for
to Needy Families funds authorized by the American Recovery and
Reinvestment Act of 2009 (ARRA TANF Funds). These ARRA TANF
funds were in turn used by the State of Illinois to fund the
Put Illinois to Work Program.
"Related member" means a person that, with respect to the
applicant during any portion of the incentive period, is any
one of the following,
(1) An individual, if the individual and the members of
the individual's family (as defined in Section 318 of the
Internal Revenue Code) own directly, indirectly,
beneficially, or constructively, in the aggregate, at
least 50% of the value of the outstanding profits, capital,
stock, or other ownership interest in the applicant.
(2) A partnership, estate, or trust and any partner or
beneficiary, if the partnership, estate, or trust and its
partners or beneficiaries own directly, indirectly,
beneficially, or constructively, in the aggregate, at
least 50% of the profits, capital, stock, or other
ownership interest in the applicant.
(3) A corporation, and any party related to the
corporation in a manner that would require an attribution
of stock from the corporation under the attribution rules

of Section 318 of the Internal Revenue Code, if the
applicant and any other related member own, in the
aggregate, directly, indirectly, beneficially, or
constructively, at least 50% of the value of the
corporation's outstanding stock.
(4) A corporation and any party related to that
corporation in a manner that would require an attribution
of stock from the corporation to the party or from the
party to the corporation under the attribution rules of
Section 318 of the Internal Revenue Code, if the
corporation and all such related parties own, in the
aggregate, at least 50% of the profits, capital, stock, or
other ownership interest in the applicant.
(5) A person to or from whom there is attribution of
stock ownership in accordance with Section 1563(e) of the
Internal Revenue Code, except that for purposes of
determining whether a person is a related member under this
paragraph, "20%" shall be substituted for "5%" whenever
"5%" appears in Section 1563(e) of the Internal Revenue
Code.
(Source: P.A. 96-888, eff. 4-13-10; 96-1498, eff. 1-18-11;
97-636, eff. 6-1-12; 97-1052, eff. 8-23-12; revised 9-26-17.)
Section 200. The Use Tax Act is amended by changing
Sections 3-5 and 9 as follows:

(35 ILCS 105/3-5)
Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
(2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
(3) Personal property purchased by a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after July 1, 2001 (the
effective date of Public Act 92-35) this amendatory Act of the
92nd General Assembly, however, an entity otherwise eligible

for this exemption shall not make tax-free purchases unless it
has an active identification number issued by the Department.
(4) Personal property purchased by a governmental body, by
a corporation, society, association, foundation, or
institution organized and operated exclusively for charitable,
religious, or educational purposes, or by a not-for-profit
corporation, society, association, foundation, institution, or
organization that has no compensated officers or employees and
that is organized and operated primarily for the recreation of
persons 55 years of age or older. A limited liability company
may qualify for the exemption under this paragraph only if the
limited liability company is organized and operated
exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption
shall make tax-free purchases unless it has an active exemption
identification number issued by the Department.
(5) Until July 1, 2003, a passenger car that is a
replacement vehicle to the extent that the purchase price of
the car is subject to the Replacement Vehicle Tax.
(6) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order,
certified by the purchaser to be used primarily for graphic
arts production, and including machinery and equipment
purchased for lease. Equipment includes chemicals or chemicals

acting as catalysts but only if the chemicals or chemicals
acting as catalysts effect a direct and immediate change upon a
graphic arts product. Beginning on July 1, 2017, graphic arts
machinery and equipment is included in the manufacturing and
assembling machinery and equipment exemption under paragraph
(18).
(7) Farm chemicals.
(8) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
(9) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(10) A motor vehicle that is used for automobile renting,
as defined in the Automobile Renting Occupation and Use Tax
Act.
(11) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to

be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (11). Agricultural chemical tender tanks and dry
boxes shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (11) is exempt from the
provisions of Section 3-90.

(12) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the conduct
of its business as an air common carrier, for a flight destined
for or returning from a location or locations outside the
United States without regard to previous or subsequent domestic
stopovers.
Beginning July 1, 2013, fuel and petroleum products sold to
or used by an air carrier, certified by the carrier to be used
for consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports at
least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
(13) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages purchased at retail from a retailer, to the
extent that the proceeds of the service charge are in fact
turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving,
hosting or cleaning up the food or beverage function with
respect to which the service charge is imposed.
(14) Until July 1, 2003, oil field exploration, drilling,

and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(15) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including that
manufactured on special order, certified by the purchaser to be
used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
(16) Coal and aggregate exploration, mining, off-highway
hauling, processing, maintenance, and reclamation equipment,
including replacement parts and equipment, and including
equipment purchased for lease, but excluding motor vehicles
required to be registered under the Illinois Vehicle Code. The
changes made to this Section by Public Act 97-767 apply on and
after July 1, 2003, but no claim for credit or refund is
allowed on or after August 16, 2013 (the effective date of
Public Act 98-456) for such taxes paid during the period
beginning July 1, 2003 and ending on August 16, 2013 (the
effective date of Public Act 98-456).
(17) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed by the

retailer, certified by the user to be used only for the
production of ethyl alcohol that will be used for consumption
as motor fuel or as a component of motor fuel for the personal
use of the user, and not subject to sale or resale.
(18) Manufacturing and assembling machinery and equipment
used primarily in the process of manufacturing or assembling
tangible personal property for wholesale or retail sale or
lease, whether that sale or lease is made directly by the
manufacturer or by some other person, whether the materials
used in the process are owned by the manufacturer or some other
person, or whether that sale or lease is made apart from or as
an incident to the seller's engaging in the service occupation
of producing machines, tools, dies, jigs, patterns, gauges, or
other similar items of no commercial value on special order for
a particular purchaser. The exemption provided by this
paragraph (18) does not include machinery and equipment used in
(i) the generation of electricity for wholesale or retail sale;
(ii) the generation or treatment of natural or artificial gas
for wholesale or retail sale that is delivered to customers
through pipes, pipelines, or mains; or (iii) the treatment of
water for wholesale or retail sale that is delivered to
customers through pipes, pipelines, or mains. The provisions of
Public Act 98-583 are declaratory of existing law as to the
meaning and scope of this exemption. Beginning on July 1, 2017,
the exemption provided by this paragraph (18) includes, but is
not limited to, graphic arts machinery and equipment, as

defined in paragraph (6) of this Section.
(19) Personal property delivered to a purchaser or
purchaser's donee inside Illinois when the purchase order for
that personal property was received by a florist located
outside Illinois who has a florist located inside Illinois
deliver the personal property.
(20) Semen used for artificial insemination of livestock
for direct agricultural production.
(21) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (21) is exempt from the provisions
of Section 3-90, and the exemption provided for under this item
(21) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after January 1,
2008 for such taxes paid during the period beginning May 30,
2000 and ending on January 1, 2008.
(22) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Service Use Tax Act, as the
case may be, based on the fair market value of the property at
the time the non-qualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the tax
has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall have
a legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to the lessee for any
reason, the lessor is liable to pay that amount to the
Department.
(23) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time the lessor would otherwise be subject to the
tax imposed by this Act, to a governmental body that has been
issued an active sales tax exemption identification number by
the Department under Section 1g of the Retailers' Occupation
Tax Act. If the property is leased in a manner that does not
qualify for this exemption or used in any other non-exempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Service Use Tax Act, as the case may be, based

on the fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt
to collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Service Use Tax Act, as the case may be, if the tax has not been
paid by the lessor. If a lessor improperly collects any such
amount from the lessee, the lessee shall have a legal right to
claim a refund of that amount from the lessor. If, however,
that amount is not refunded to the lessee for any reason, the
lessor is liable to pay that amount to the Department.
(24) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
(25) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer

line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
(26) Beginning July 1, 1999, game or game birds purchased
at a "game breeding and hunting preserve area" as that term is
used in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-90.
(27) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to

follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
(28) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-90.
(29) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-90.

(30) Beginning January 1, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013.
(31) Beginning on August 2, 2001 (the effective date of
Public Act 92-227) this amendatory Act of the 92nd General
Assembly, computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the

tax imposed under this Act or the Service Use Tax Act, as the
case may be, based on the fair market value of the property at
the time the nonqualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the tax
has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall have
a legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to the lessee for any
reason, the lessor is liable to pay that amount to the
Department. This paragraph is exempt from the provisions of
Section 3-90.
(32) Beginning on August 2, 2001 (the effective date of
Public Act 92-227) this amendatory Act of the 92nd General
Assembly, personal property purchased by a lessor who leases
the property, under a lease of one year or longer executed or
in effect at the time the lessor would otherwise be subject to
the tax imposed by this Act, to a governmental body that has
been issued an active sales tax exemption identification number
by the Department under Section 1g of the Retailers' Occupation
Tax Act. If the property is leased in a manner that does not
qualify for this exemption or used in any other nonexempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Service Use Tax Act, as the case may be, based
on the fair market value of the property at the time the

nonqualifying use occurs. No lessor shall collect or attempt to
collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Service Use Tax Act, as the case may be, if the tax has not been
paid by the lessor. If a lessor improperly collects any such
amount from the lessee, the lessee shall have a legal right to
claim a refund of that amount from the lessor. If, however,
that amount is not refunded to the lessee for any reason, the
lessor is liable to pay that amount to the Department. This
paragraph is exempt from the provisions of Section 3-90.
(33) On and after July 1, 2003 and through June 30, 2004,
the use in this State of motor vehicles of the second division
with a gross vehicle weight in excess of 8,000 pounds and that
are subject to the commercial distribution fee imposed under
Section 3-815.1 of the Illinois Vehicle Code. Beginning on July
1, 2004 and through June 30, 2005, the use in this State of
motor vehicles of the second division: (i) with a gross vehicle
weight rating in excess of 8,000 pounds; (ii) that are subject
to the commercial distribution fee imposed under Section
3-815.1 of the Illinois Vehicle Code; and (iii) that are
primarily used for commercial purposes. Through June 30, 2005,
this exemption applies to repair and replacement parts added
after the initial purchase of such a motor vehicle if that
motor vehicle is used in a manner that would qualify for the
rolling stock exemption otherwise provided for in this Act. For
purposes of this paragraph, the term "used for commercial

purposes" means the transportation of persons or property in
furtherance of any commercial or industrial enterprise,
whether for-hire or not.
(34) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-90.
(35) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to the use of qualifying
tangible personal property by persons who modify, refurbish,

complete, repair, replace, or maintain aircraft and who (i)
hold an Air Agency Certificate and are empowered to operate an
approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations. The exemption does not include aircraft operated
by a commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations. The changes made to this
paragraph (35) by Public Act 98-534 are declarative of existing
law.
(36) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-90.
(37) Beginning January 1, 2017, menstrual pads, tampons,

and menstrual cups.
(38) Merchandise that is subject to the Rental Purchase
Agreement Occupation and Use Tax. The purchaser must certify
that the item is purchased to be rented subject to a rental
purchase agreement, as defined in the Rental Purchase Agreement
Act, and provide proof of registration under the Rental
Purchase Agreement Occupation and Use Tax Act. This paragraph
is exempt from the provisions of Section 3-90.
(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16;
100-22, eff. 7-6-17; 100-437, eff. 1-1-18; revised 9-27-17.)
(35 ILCS 105/9) (from Ch. 120, par. 439.9)
(Text of Section before amendment by P.A. 100-363)
Sec. 9. Except as to motor vehicles, watercraft, aircraft,
and trailers that are required to be registered with an agency
of this State, each retailer required or authorized to collect
the tax imposed by this Act shall pay to the Department the
amount of such tax (except as otherwise provided) at the time
when he is required to file his return for the period during
which such tax was collected, less a discount of 2.1% prior to
January 1, 1990, and 1.75% on and after January 1, 1990, or $5
per calendar year, whichever is greater, which is allowed to
reimburse the retailer for expenses incurred in collecting the
tax, keeping records, preparing and filing returns, remitting
the tax and supplying data to the Department on request. In the
case of retailers who report and pay the tax on a transaction

by transaction basis, as provided in this Section, such
discount shall be taken with each such tax remittance instead
of when such retailer files his periodic return. The discount
allowed under this Section is allowed only for returns that are
filed in the manner required by this Act. The Department may
disallow the discount for retailers whose certificate of
registration is revoked at the time the return is filed, but
only if the Department's decision to revoke the certificate of
registration has become final. A retailer need not remit that
part of any tax collected by him to the extent that he is
required to remit and does remit the tax imposed by the
Retailers' Occupation Tax Act, with respect to the sale of the
same property.
Where such tangible personal property is sold under a
conditional sales contract, or under any other form of sale
wherein the payment of the principal sum, or a part thereof, is
extended beyond the close of the period for which the return is
filed, the retailer, in collecting the tax (except as to motor
vehicles, watercraft, aircraft, and trailers that are required
to be registered with an agency of this State), may collect for
each tax return period, only the tax applicable to that part of
the selling price actually received during such tax return
period.
Except as provided in this Section, on or before the
twentieth day of each calendar month, such retailer shall file
a return for the preceding calendar month. Such return shall be

filed on forms prescribed by the Department and shall furnish
such information as the Department may reasonably require. On
and after January 1, 2018, except for returns for motor
vehicles, watercraft, aircraft, and trailers that are required
to be registered with an agency of this State, with respect to
retailers whose annual gross receipts average $20,000 or more,
all returns required to be filed pursuant to this Act shall be
filed electronically. Retailers who demonstrate that they do
not have access to the Internet or demonstrate hardship in
filing electronically may petition the Department to waive the
electronic filing requirement.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter. The
taxpayer shall also file a return with the Department for each
of the first two months of each calendar quarter, on or before
the twentieth day of the following calendar month, stating:
1. The name of the seller;
2. The address of the principal place of business from
which he engages in the business of selling tangible
personal property at retail in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month from sales of tangible
personal property by him during such preceding calendar
month, including receipts from charge and time sales, but

less all deductions allowed by law;
4. The amount of credit provided in Section 2d of this
Act;
5. The amount of tax due;
5-5. The signature of the taxpayer; and
6. Such other reasonable information as the Department
may require.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.
Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1995, a taxpayer who has
an average monthly tax liability of $50,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 2000, a taxpayer who has
an annual tax liability of $200,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. The term "annual tax liability" shall be the
sum of the taxpayer's liabilities under this Act, and under all
other State and local occupation and use tax laws administered

by the Department, for the immediately preceding calendar year.
The term "average monthly tax liability" means the sum of the
taxpayer's liabilities under this Act, and under all other
State and local occupation and use tax laws administered by the
Department, for the immediately preceding calendar year
divided by 12. Beginning on October 1, 2002, a taxpayer who has
a tax liability in the amount set forth in subsection (b) of
Section 2505-210 of the Department of Revenue Law shall make
all payments required by rules of the Department by electronic
funds transfer.
Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make payments
by electronic funds transfer. All taxpayers required to make
payments by electronic funds transfer shall make those payments
for a minimum of one year beginning on October 1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those payments
in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Before October 1, 2000, if the taxpayer's average monthly

tax liability to the Department under this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax Act, the Service
Use Tax Act was $10,000 or more during the preceding 4 complete
calendar quarters, he shall file a return with the Department
each month by the 20th day of the month next following the
month during which such tax liability is incurred and shall
make payments to the Department on or before the 7th, 15th,
22nd and last day of the month during which such liability is
incurred. On and after October 1, 2000, if the taxpayer's
average monthly tax liability to the Department under this Act,
the Retailers' Occupation Tax Act, the Service Occupation Tax
Act, and the Service Use Tax Act was $20,000 or more during the
preceding 4 complete calendar quarters, he shall file a return
with the Department each month by the 20th day of the month
next following the month during which such tax liability is
incurred and shall make payment to the Department on or before
the 7th, 15th, 22nd and last day of the month during which such
liability is incurred. If the month during which such tax
liability is incurred began prior to January 1, 1985, each
payment shall be in an amount equal to 1/4 of the taxpayer's
actual liability for the month or an amount set by the
Department not to exceed 1/4 of the average monthly liability
of the taxpayer to the Department for the preceding 4 complete
calendar quarters (excluding the month of highest liability and
the month of lowest liability in such 4 quarter period). If the
month during which such tax liability is incurred begins on or

after January 1, 1985, and prior to January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 27.5% of the taxpayer's
liability for the same calendar month of the preceding year. If
the month during which such tax liability is incurred begins on
or after January 1, 1987, and prior to January 1, 1988, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 26.25% of the taxpayer's
liability for the same calendar month of the preceding year. If
the month during which such tax liability is incurred begins on
or after January 1, 1988, and prior to January 1, 1989, or
begins on or after January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for
the month or 25% of the taxpayer's liability for the same
calendar month of the preceding year. If the month during which
such tax liability is incurred begins on or after January 1,
1989, and prior to January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for
the month or 25% of the taxpayer's liability for the same
calendar month of the preceding year or 100% of the taxpayer's
actual liability for the quarter monthly reporting period. The
amount of such quarter monthly payments shall be credited
against the final tax liability of the taxpayer's return for
that month. Before October 1, 2000, once applicable, the
requirement of the making of quarter monthly payments to the
Department shall continue until such taxpayer's average

monthly liability to the Department during the preceding 4
complete calendar quarters (excluding the month of highest
liability and the month of lowest liability) is less than
$9,000, or until such taxpayer's average monthly liability to
the Department as computed for each calendar quarter of the 4
preceding complete calendar quarter period is less than
$10,000. However, if a taxpayer can show the Department that a
substantial change in the taxpayer's business has occurred
which causes the taxpayer to anticipate that his average
monthly tax liability for the reasonably foreseeable future
will fall below the $10,000 threshold stated above, then such
taxpayer may petition the Department for change in such
taxpayer's reporting status. On and after October 1, 2000, once
applicable, the requirement of the making of quarter monthly
payments to the Department shall continue until such taxpayer's
average monthly liability to the Department during the
preceding 4 complete calendar quarters (excluding the month of
highest liability and the month of lowest liability) is less
than $19,000 or until such taxpayer's average monthly liability
to the Department as computed for each calendar quarter of the
4 preceding complete calendar quarter period is less than
$20,000. However, if a taxpayer can show the Department that a
substantial change in the taxpayer's business has occurred
which causes the taxpayer to anticipate that his average
monthly tax liability for the reasonably foreseeable future
will fall below the $20,000 threshold stated above, then such

taxpayer may petition the Department for a change in such
taxpayer's reporting status. The Department shall change such
taxpayer's reporting status unless it finds that such change is
seasonal in nature and not likely to be long term. If any such
quarter monthly payment is not paid at the time or in the
amount required by this Section, then the taxpayer shall be
liable for penalties and interest on the difference between the
minimum amount due and the amount of such quarter monthly
payment actually and timely paid, except insofar as the
taxpayer has previously made payments for that month to the
Department in excess of the minimum payments previously due as
provided in this Section. The Department shall make reasonable
rules and regulations to govern the quarter monthly payment
amount and quarter monthly payment dates for taxpayers who file
on other than a calendar monthly basis.
If any such payment provided for in this Section exceeds
the taxpayer's liabilities under this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax Act and the
Service Use Tax Act, as shown by an original monthly return,
the Department shall issue to the taxpayer a credit memorandum
no later than 30 days after the date of payment, which
memorandum may be submitted by the taxpayer to the Department
in payment of tax liability subsequently to be remitted by the
taxpayer to the Department or be assigned by the taxpayer to a
similar taxpayer under this Act, the Retailers' Occupation Tax
Act, the Service Occupation Tax Act or the Service Use Tax Act,

in accordance with reasonable rules and regulations to be
prescribed by the Department, except that if such excess
payment is shown on an original monthly return and is made
after December 31, 1986, no credit memorandum shall be issued,
unless requested by the taxpayer. If no such request is made,
the taxpayer may credit such excess payment against tax
liability subsequently to be remitted by the taxpayer to the
Department under this Act, the Retailers' Occupation Tax Act,
the Service Occupation Tax Act or the Service Use Tax Act, in
accordance with reasonable rules and regulations prescribed by
the Department. If the Department subsequently determines that
all or any part of the credit taken was not actually due to the
taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall
be reduced by 2.1% or 1.75% of the difference between the
credit taken and that actually due, and the taxpayer shall be
liable for penalties and interest on such difference.
If the retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February, and March of a given
year being due by April 20 of such year; with the return for
April, May and June of a given year being due by July 20 of such
year; with the return for July, August and September of a given
year being due by October 20 of such year, and with the return
for October, November and December of a given year being due by

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

watercraft, motor vehicle or trailer to another aircraft,
watercraft, motor vehicle or trailer retailer for the purpose
of resale or (ii) a retailer of aircraft, watercraft, motor
vehicles, or trailers transfers more than one aircraft,
watercraft, motor vehicle, or trailer to a purchaser for use as
a qualifying rolling stock as provided in Section 3-55 of this
Act, then that seller may report the transfer of all the
aircraft, watercraft, motor vehicles or trailers involved in
that transaction to the Department on the same uniform
invoice-transaction reporting return form. For purposes of
this Section, "watercraft" means a Class 2, Class 3, or Class 4
watercraft as defined in Section 3-2 of the Boat Registration
and Safety Act, a personal watercraft, or any boat equipped
with an inboard motor.
The transaction reporting return in the case of motor
vehicles or trailers that are required to be registered with an
agency of this State, shall be the same document as the Uniform
Invoice referred to in Section 5-402 of the Illinois Vehicle
Code and must show the name and address of the seller; the name
and address of the purchaser; the amount of the selling price
including the amount allowed by the retailer for traded-in
property, if any; the amount allowed by the retailer for the
traded-in tangible personal property, if any, to the extent to
which Section 2 of this Act allows an exemption for the value
of traded-in property; the balance payable after deducting such
trade-in allowance from the total selling price; the amount of

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

than 20 days after the date of delivery of the item that is
being sold, but may be filed by the retailer at any time sooner
than that if he chooses to do so. The transaction reporting
return and tax remittance or proof of exemption from the tax
that is imposed by this Act may be transmitted to the
Department by way of the State agency with which, or State
officer with whom, the tangible personal property must be
titled or registered (if titling or registration is required)
if the Department and such agency or State officer determine
that this procedure will expedite the processing of
applications for title or registration.
With each such transaction reporting return, the retailer
shall remit the proper amount of tax due (or shall submit
satisfactory evidence that the sale is not taxable if that is
the case), to the Department or its agents, whereupon the
Department shall issue, in the purchaser's name, a tax receipt
(or a certificate of exemption if the Department is satisfied
that the particular sale is tax exempt) which such purchaser
may submit to the agency with which, or State officer with
whom, he must title or register the tangible personal property
that is involved (if titling or registration is required) in
support of such purchaser's application for an Illinois
certificate or other evidence of title or registration to such
tangible personal property.
No retailer's failure or refusal to remit tax under this
Act precludes a user, who has paid the proper tax to the

retailer, from obtaining his certificate of title or other
evidence of title or registration (if titling or registration
is required) upon satisfying the Department that such user has
paid the proper tax (if tax is due) to the retailer. The
Department shall adopt appropriate rules to carry out the
mandate of this paragraph.
If the user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the payment of
tax or proof of exemption made to the Department before the
retailer is willing to take these actions and such user has not
paid the tax to the retailer, such user may certify to the fact
of such delay by the retailer, and may (upon the Department
being satisfied of the truth of such certification) transmit
the information required by the transaction reporting return
and the remittance for tax or proof of exemption directly to
the Department and obtain his tax receipt or exemption
determination, in which event the transaction reporting return
and tax remittance (if a tax payment was required) shall be
credited by the Department to the proper retailer's account
with the Department, but without the 2.1% or 1.75% discount
provided for in this Section being allowed. When the user pays
the tax directly to the Department, he shall pay the tax in the
same amount and in the same form in which it would be remitted
if the tax had been remitted to the Department by the retailer.
Where a retailer collects the tax with respect to the
selling price of tangible personal property which he sells and

the purchaser thereafter returns such tangible personal
property and the retailer refunds the selling price thereof to
the purchaser, such retailer shall also refund, to the
purchaser, the tax so collected from the purchaser. When filing
his return for the period in which he refunds such tax to the
purchaser, the retailer may deduct the amount of the tax so
refunded by him to the purchaser from any other use tax which
such retailer may be required to pay or remit to the
Department, as shown by such return, if the amount of the tax
to be deducted was previously remitted to the Department by
such retailer. If the retailer has not previously remitted the
amount of such tax to the Department, he is entitled to no
deduction under this Act upon refunding such tax to the
purchaser.
Any retailer filing a return under this Section shall also
include (for the purpose of paying tax thereon) the total tax
covered by such return upon the selling price of tangible
personal property purchased by him at retail from a retailer,
but as to which the tax imposed by this Act was not collected
from the retailer filing such return, and such retailer shall
remit the amount of such tax to the Department when filing such
return.
If experience indicates such action to be practicable, the
Department may prescribe and furnish a combination or joint
return which will enable retailers, who are required to file
returns hereunder and also under the Retailers' Occupation Tax

Act, to furnish all the return information required by both
Acts on the one form.
Where the retailer has more than one business registered
with the Department under separate registration under this Act,
such retailer may not file each return that is due as a single
return covering all such registered businesses, but shall file
separate returns for each such registered business.
Beginning January 1, 1990, each month the Department shall
pay into the State and Local Sales Tax Reform Fund, a special
fund in the State Treasury which is hereby created, the net
revenue realized for the preceding month from the 1% tax on
sales of food for human consumption which is to be consumed off
the premises where it is sold (other than alcoholic beverages,
soft drinks and food which has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, products classified as Class III
medical devices by the United States Food and Drug
Administration that are used for cancer treatment pursuant to a
prescription, as well as any accessories and components related
to those devices, and insulin, urine testing materials,
syringes and needles used by diabetics.
Beginning January 1, 1990, each month the Department shall
pay into the County and Mass Transit District Fund 4% of the
net revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal property
which is purchased outside Illinois at retail from a retailer

and which is titled or registered by an agency of this State's
government.
Beginning January 1, 1990, each month the Department shall
pay into the State and Local Sales Tax Reform Fund, a special
fund in the State Treasury, 20% of the net revenue realized for
the preceding month from the 6.25% general rate on the selling
price of tangible personal property, other than tangible
personal property which is purchased outside Illinois at retail
from a retailer and which is titled or registered by an agency
of this State's government.
Beginning August 1, 2000, each month the Department shall
pay into the State and Local Sales Tax Reform Fund 100% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol. Beginning
September 1, 2010, each month the Department shall pay into the
State and Local Sales Tax Reform Fund 100% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of sales tax holiday items.
Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund 16% of the net revenue
realized for the preceding month from the 6.25% general rate on
the selling price of tangible personal property which is
purchased outside Illinois at retail from a retailer and which
is titled or registered by an agency of this State's
government.
Beginning October 1, 2009, each month the Department shall

pay into the Capital Projects Fund an amount that is equal to
an amount estimated by the Department to represent 80% of the
net revenue realized for the preceding month from the sale of
candy, grooming and hygiene products, and soft drinks that had
been taxed at a rate of 1% prior to September 1, 2009 but that
are now taxed at 6.25%.
Beginning July 1, 2011, each month the Department shall pay
into the Clean Air Act Permit Fund 80% of the net revenue
realized for the preceding month from the 6.25% general rate on
the selling price of sorbents used in Illinois in the process
of sorbent injection as used to comply with the Environmental
Protection Act or the federal Clean Air Act, but the total
payment into the Clean Air Act Permit Fund under this Act and
the Retailers' Occupation Tax Act shall not exceed $2,000,000
in any fiscal year.
Beginning July 1, 2013, each month the Department shall pay
into the Underground Storage Tank Fund from the proceeds
collected under this Act, the Service Use Tax Act, the Service
Occupation Tax Act, and the Retailers' Occupation Tax Act an
amount equal to the average monthly deficit in the Underground
Storage Tank Fund during the prior year, as certified annually
by the Illinois Environmental Protection Agency, but the total
payment into the Underground Storage Tank Fund under this Act,
the Service Use Tax Act, the Service Occupation Tax Act, and
the Retailers' Occupation Tax Act shall not exceed $18,000,000
in any State fiscal year. As used in this paragraph, the

"average monthly deficit" shall be equal to the difference
between the average monthly claims for payment by the fund and
the average monthly revenues deposited into the fund, excluding
payments made pursuant to this paragraph.
Beginning July 1, 2015, of the remainder of the moneys
received by the Department under this Act, the Service Use Tax
Act, the Service Occupation Tax Act, and the Retailers'
Occupation Tax Act, each month the Department shall deposit
$500,000 into the State Crime Laboratory Fund.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required
to be paid into the Build Illinois Fund pursuant to Section 3
of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
Act, Section 9 of the Service Use Tax Act, and Section 9 of the
Service Occupation Tax Act, such Acts being hereinafter called
the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
may be, of moneys being hereinafter called the "Tax Act
Amount", and (2) the amount transferred to the Build Illinois
Fund from the State and Local Sales Tax Reform Fund shall be
less than the Annual Specified Amount (as defined in Section 3
of the Retailers' Occupation Tax Act), an amount equal to the

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

issued thereafter and all fees and costs payable with respect
thereto, all as certified by the Director of the Bureau of the
Budget (now Governor's Office of Management and Budget). If on
the last business day of any month in which Bonds are
outstanding pursuant to the Build Illinois Bond Act, the
aggregate of the moneys deposited in the Build Illinois Bond
Account in the Build Illinois Fund in such month shall be less
than the amount required to be transferred in such month from
the Build Illinois Bond Account to the Build Illinois Bond
Retirement and Interest Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received by the
Department pursuant to the Tax Acts to the Build Illinois Fund;
provided, however, that any amounts paid to the Build Illinois
Fund in any fiscal year pursuant to this sentence shall be
deemed to constitute payments pursuant to clause (b) of the
preceding sentence and shall reduce the amount otherwise
payable for such fiscal year pursuant to clause (b) of the
preceding sentence. The moneys received by the Department
pursuant to this Act and required to be deposited into the
Build Illinois Fund are subject to the pledge, claim and charge
set forth in Section 12 of the Build Illinois Bond Act.
Subject to payment of amounts into the Build Illinois Fund
as provided in the preceding paragraph or in any amendment
thereto hereafter enacted, the following specified monthly
installment of the amount requested in the certificate of the

Chairman of the Metropolitan Pier and Exposition Authority
provided under Section 8.25f of the State Finance Act, but not
in excess of the sums designated as "Total Deposit", shall be
deposited in the aggregate from collections under Section 9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, Section
9 of the Service Occupation Tax Act, and Section 3 of the
Retailers' Occupation Tax Act into the McCormick Place
Expansion Project Fund in the specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000

2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000
2021 246,000,000
2022 260,000,000
2023 275,000,000
2024 275,000,000
2025 275,000,000
2026 279,000,000
2027 292,000,000
2028 307,000,000
2029 322,000,000
2030 338,000,000
2031 350,000,000
2032 350,000,000
and
each fiscal year
thereafter that bonds

are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.
Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year, but
not in excess of the amount specified above as "Total Deposit",
has been deposited.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning July 1, 1993 and ending on September 30,
2013, the Department shall each month pay into the Illinois Tax
Increment Fund 0.27% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate on the selling
price of tangible personal property.

Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a 25-year
period, the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined coal
that was sold to an eligible business. For purposes of this
paragraph, the term "eligible business" means a new electric
generating facility certified pursuant to Section 605-332 of
the Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
Subject to payment of amounts into the Build Illinois Fund,
the McCormick Place Expansion Project Fund, the Illinois Tax
Increment Fund, and the Energy Infrastructure Fund pursuant to
the preceding paragraphs or in any amendments to this Section
hereafter enacted, beginning on the first day of the first
calendar month to occur on or after August 26, 2014 (the
effective date of Public Act 98-1098), each month, from the
collections made under Section 9 of the Use Tax Act, Section 9
of the Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation Tax Act,
the Department shall pay into the Tax Compliance and
Administration Fund, to be used, subject to appropriation, to
fund additional auditors and compliance personnel at the

Department of Revenue, an amount equal to 1/12 of 5% of 80% of
the cash receipts collected during the preceding fiscal year by
the Audit Bureau of the Department under the Use Tax Act, the
Service Use Tax Act, the Service Occupation Tax Act, the
Retailers' Occupation Tax Act, and associated local occupation
and use taxes administered by the Department.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the State
Treasury and 25% shall be reserved in a special account and
used only for the transfer to the Common School Fund as part of
the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Motor Fuel Tax Fund an amount
equal to 1.7% of 80% of the net revenue realized under this Act
for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail in
Illinois by numerous retailers, and who wish to do so, may

assume the responsibility for accounting and paying to the
Department all tax accruing under this Act with respect to such
sales, if the retailers who are affected do not make written
objection to the Department to this arrangement.
(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16;
99-933, eff. 1-27-17; 100-303, eff. 8-24-17.)
(Text of Section after amendment by P.A. 100-363)
Sec. 9. Except as to motor vehicles, watercraft, aircraft,
and trailers that are required to be registered with an agency
of this State, each retailer required or authorized to collect
the tax imposed by this Act shall pay to the Department the
amount of such tax (except as otherwise provided) at the time
when he is required to file his return for the period during
which such tax was collected, less a discount of 2.1% prior to
January 1, 1990, and 1.75% on and after January 1, 1990, or $5
per calendar year, whichever is greater, which is allowed to
reimburse the retailer for expenses incurred in collecting the
tax, keeping records, preparing and filing returns, remitting
the tax and supplying data to the Department on request. In the
case of retailers who report and pay the tax on a transaction
by transaction basis, as provided in this Section, such
discount shall be taken with each such tax remittance instead
of when such retailer files his periodic return. The discount
allowed under this Section is allowed only for returns that are
filed in the manner required by this Act. The Department may

disallow the discount for retailers whose certificate of
registration is revoked at the time the return is filed, but
only if the Department's decision to revoke the certificate of
registration has become final. A retailer need not remit that
part of any tax collected by him to the extent that he is
required to remit and does remit the tax imposed by the
Retailers' Occupation Tax Act, with respect to the sale of the
same property.
Where such tangible personal property is sold under a
conditional sales contract, or under any other form of sale
wherein the payment of the principal sum, or a part thereof, is
extended beyond the close of the period for which the return is
filed, the retailer, in collecting the tax (except as to motor
vehicles, watercraft, aircraft, and trailers that are required
to be registered with an agency of this State), may collect for
each tax return period, only the tax applicable to that part of
the selling price actually received during such tax return
period.
Except as provided in this Section, on or before the
twentieth day of each calendar month, such retailer shall file
a return for the preceding calendar month. Such return shall be
filed on forms prescribed by the Department and shall furnish
such information as the Department may reasonably require. On
and after January 1, 2018, except for returns for motor
vehicles, watercraft, aircraft, and trailers that are required
to be registered with an agency of this State, with respect to

retailers whose annual gross receipts average $20,000 or more,
all returns required to be filed pursuant to this Act shall be
filed electronically. Retailers who demonstrate that they do
not have access to the Internet or demonstrate hardship in
filing electronically may petition the Department to waive the
electronic filing requirement.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter. The
taxpayer shall also file a return with the Department for each
of the first two months of each calendar quarter, on or before
the twentieth day of the following calendar month, stating:
1. The name of the seller;
2. The address of the principal place of business from
which he engages in the business of selling tangible
personal property at retail in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month from sales of tangible
personal property by him during such preceding calendar
month, including receipts from charge and time sales, but
less all deductions allowed by law;
4. The amount of credit provided in Section 2d of this
Act;
5. The amount of tax due;
5-5. The signature of the taxpayer; and

6. Such other reasonable information as the Department
may require.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.
Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1995, a taxpayer who has
an average monthly tax liability of $50,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 2000, a taxpayer who has
an annual tax liability of $200,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. The term "annual tax liability" shall be the
sum of the taxpayer's liabilities under this Act, and under all
other State and local occupation and use tax laws administered
by the Department, for the immediately preceding calendar year.
The term "average monthly tax liability" means the sum of the
taxpayer's liabilities under this Act, and under all other
State and local occupation and use tax laws administered by the
Department, for the immediately preceding calendar year

divided by 12. Beginning on October 1, 2002, a taxpayer who has
a tax liability in the amount set forth in subsection (b) of
Section 2505-210 of the Department of Revenue Law shall make
all payments required by rules of the Department by electronic
funds transfer.
Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make payments
by electronic funds transfer. All taxpayers required to make
payments by electronic funds transfer shall make those payments
for a minimum of one year beginning on October 1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those payments
in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax Act, the Service
Use Tax Act was $10,000 or more during the preceding 4 complete
calendar quarters, he shall file a return with the Department
each month by the 20th day of the month next following the

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

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

preceding complete calendar quarter period is less than
$10,000. However, if a taxpayer can show the Department that a
substantial change in the taxpayer's business has occurred
which causes the taxpayer to anticipate that his average
monthly tax liability for the reasonably foreseeable future
will fall below the $10,000 threshold stated above, then such
taxpayer may petition the Department for change in such
taxpayer's reporting status. On and after October 1, 2000, once
applicable, the requirement of the making of quarter monthly
payments to the Department shall continue until such taxpayer's
average monthly liability to the Department during the
preceding 4 complete calendar quarters (excluding the month of
highest liability and the month of lowest liability) is less
than $19,000 or until such taxpayer's average monthly liability
to the Department as computed for each calendar quarter of the
4 preceding complete calendar quarter period is less than
$20,000. However, if a taxpayer can show the Department that a
substantial change in the taxpayer's business has occurred
which causes the taxpayer to anticipate that his average
monthly tax liability for the reasonably foreseeable future
will fall below the $20,000 threshold stated above, then such
taxpayer may petition the Department for a change in such
taxpayer's reporting status. The Department shall change such
taxpayer's reporting status unless it finds that such change is
seasonal in nature and not likely to be long term. If any such
quarter monthly payment is not paid at the time or in the

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

the taxpayer may credit such excess payment against tax
liability subsequently to be remitted by the taxpayer to the
Department under this Act, the Retailers' Occupation Tax Act,
the Service Occupation Tax Act or the Service Use Tax Act, in
accordance with reasonable rules and regulations prescribed by
the Department. If the Department subsequently determines that
all or any part of the credit taken was not actually due to the
taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall
be reduced by 2.1% or 1.75% of the difference between the
credit taken and that actually due, and the taxpayer shall be
liable for penalties and interest on such difference.
If the retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February, and March of a given
year being due by April 20 of such year; with the return for
April, May and June of a given year being due by July 20 of such
year; with the return for July, August and September of a given
year being due by October 20 of such year, and with the return
for October, November and December of a given year being due by
January 20 of the following year.
If the retailer is otherwise required to file a monthly or
quarterly return and if the retailer's average monthly tax
liability to the Department does not exceed $50, the Department
may authorize his returns to be filed on an annual basis, with

the return for a given year being due by January 20 of the
following year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as monthly
returns.
Notwithstanding any other provision in this Act concerning
the time within which a retailer may file his return, in the
case of any retailer who ceases to engage in a kind of business
which makes him responsible for filing returns under this Act,
such retailer shall file a final return under this Act with the
Department not more than one month after discontinuing such
business.
In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with
an agency of this State, every retailer selling this kind of
tangible personal property shall file, with the Department,
upon a form to be prescribed and supplied by the Department, a
separate return for each such item of tangible personal
property which the retailer sells, except that if, in the same
transaction, (i) a retailer of aircraft, watercraft, motor
vehicles or trailers transfers more than one aircraft,
watercraft, motor vehicle or trailer to another aircraft,
watercraft, motor vehicle or trailer retailer for the purpose
of resale or (ii) a retailer of aircraft, watercraft, motor
vehicles, or trailers transfers more than one aircraft,
watercraft, motor vehicle, or trailer to a purchaser for use as

a qualifying rolling stock as provided in Section 3-55 of this
Act, then that seller may report the transfer of all the
aircraft, watercraft, motor vehicles or trailers involved in
that transaction to the Department on the same uniform
invoice-transaction reporting return form. For purposes of
this Section, "watercraft" means a Class 2, Class 3, or Class 4
watercraft as defined in Section 3-2 of the Boat Registration
and Safety Act, a personal watercraft, or any boat equipped
with an inboard motor.
The transaction reporting return in the case of motor
vehicles or trailers that are required to be registered with an
agency of this State, shall be the same document as the Uniform
Invoice referred to in Section 5-402 of the Illinois Vehicle
Code and must show the name and address of the seller; the name
and address of the purchaser; the amount of the selling price
including the amount allowed by the retailer for traded-in
property, if any; the amount allowed by the retailer for the
traded-in tangible personal property, if any, to the extent to
which Section 2 of this Act allows an exemption for the value
of traded-in property; the balance payable after deducting such
trade-in allowance from the total selling price; the amount of
tax due from the retailer with respect to such transaction; the
amount of tax collected from the purchaser by the retailer on
such transaction (or satisfactory evidence that such tax is not
due in that particular instance, if that is claimed to be the
fact); the place and date of the sale; a sufficient

identification of the property sold; such other information as
is required in Section 5-402 of the Illinois Vehicle Code, and
such other information as the Department may reasonably
require.
The transaction reporting return in the case of watercraft
and aircraft must show the name and address of the seller; the
name and address of the purchaser; the amount of the selling
price including the amount allowed by the retailer for
traded-in property, if any; the amount allowed by the retailer
for the traded-in tangible personal property, if any, to the
extent to which Section 2 of this Act allows an exemption for
the value of traded-in property; the balance payable after
deducting such trade-in allowance from the total selling price;
the amount of tax due from the retailer with respect to such
transaction; the amount of tax collected from the purchaser by
the retailer on such transaction (or satisfactory evidence that
such tax is not due in that particular instance, if that is
claimed to be the fact); the place and date of the sale, a
sufficient identification of the property sold, and such other
information as the Department may reasonably require.
Such transaction reporting return shall be filed not later
than 20 days after the date of delivery of the item that is
being sold, but may be filed by the retailer at any time sooner
than that if he chooses to do so. The transaction reporting
return and tax remittance or proof of exemption from the tax
that is imposed by this Act may be transmitted to the

Department by way of the State agency with which, or State
officer with whom, the tangible personal property must be
titled or registered (if titling or registration is required)
if the Department and such agency or State officer determine
that this procedure will expedite the processing of
applications for title or registration.
With each such transaction reporting return, the retailer
shall remit the proper amount of tax due (or shall submit
satisfactory evidence that the sale is not taxable if that is
the case), to the Department or its agents, whereupon the
Department shall issue, in the purchaser's name, a tax receipt
(or a certificate of exemption if the Department is satisfied
that the particular sale is tax exempt) which such purchaser
may submit to the agency with which, or State officer with
whom, he must title or register the tangible personal property
that is involved (if titling or registration is required) in
support of such purchaser's application for an Illinois
certificate or other evidence of title or registration to such
tangible personal property.
No retailer's failure or refusal to remit tax under this
Act precludes a user, who has paid the proper tax to the
retailer, from obtaining his certificate of title or other
evidence of title or registration (if titling or registration
is required) upon satisfying the Department that such user has
paid the proper tax (if tax is due) to the retailer. The
Department shall adopt appropriate rules to carry out the

mandate of this paragraph.
If the user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the payment of
tax or proof of exemption made to the Department before the
retailer is willing to take these actions and such user has not
paid the tax to the retailer, such user may certify to the fact
of such delay by the retailer, and may (upon the Department
being satisfied of the truth of such certification) transmit
the information required by the transaction reporting return
and the remittance for tax or proof of exemption directly to
the Department and obtain his tax receipt or exemption
determination, in which event the transaction reporting return
and tax remittance (if a tax payment was required) shall be
credited by the Department to the proper retailer's account
with the Department, but without the 2.1% or 1.75% discount
provided for in this Section being allowed. When the user pays
the tax directly to the Department, he shall pay the tax in the
same amount and in the same form in which it would be remitted
if the tax had been remitted to the Department by the retailer.
Where a retailer collects the tax with respect to the
selling price of tangible personal property which he sells and
the purchaser thereafter returns such tangible personal
property and the retailer refunds the selling price thereof to
the purchaser, such retailer shall also refund, to the
purchaser, the tax so collected from the purchaser. When filing
his return for the period in which he refunds such tax to the

purchaser, the retailer may deduct the amount of the tax so
refunded by him to the purchaser from any other use tax which
such retailer may be required to pay or remit to the
Department, as shown by such return, if the amount of the tax
to be deducted was previously remitted to the Department by
such retailer. If the retailer has not previously remitted the
amount of such tax to the Department, he is entitled to no
deduction under this Act upon refunding such tax to the
purchaser.
Any retailer filing a return under this Section shall also
include (for the purpose of paying tax thereon) the total tax
covered by such return upon the selling price of tangible
personal property purchased by him at retail from a retailer,
but as to which the tax imposed by this Act was not collected
from the retailer filing such return, and such retailer shall
remit the amount of such tax to the Department when filing such
return.
If experience indicates such action to be practicable, the
Department may prescribe and furnish a combination or joint
return which will enable retailers, who are required to file
returns hereunder and also under the Retailers' Occupation Tax
Act, to furnish all the return information required by both
Acts on the one form.
Where the retailer has more than one business registered
with the Department under separate registration under this Act,
such retailer may not file each return that is due as a single

return covering all such registered businesses, but shall file
separate returns for each such registered business.
Beginning January 1, 1990, each month the Department shall
pay into the State and Local Sales Tax Reform Fund, a special
fund in the State Treasury which is hereby created, the net
revenue realized for the preceding month from the 1% tax on
sales of food for human consumption which is to be consumed off
the premises where it is sold (other than alcoholic beverages,
soft drinks and food which has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, products classified as Class III
medical devices by the United States Food and Drug
Administration that are used for cancer treatment pursuant to a
prescription, as well as any accessories and components related
to those devices, and insulin, urine testing materials,
syringes and needles used by diabetics.
Beginning January 1, 1990, each month the Department shall
pay into the County and Mass Transit District Fund 4% of the
net revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal property
which is purchased outside Illinois at retail from a retailer
and which is titled or registered by an agency of this State's
government.
Beginning January 1, 1990, each month the Department shall
pay into the State and Local Sales Tax Reform Fund, a special
fund in the State Treasury, 20% of the net revenue realized for

the preceding month from the 6.25% general rate on the selling
price of tangible personal property, other than tangible
personal property which is purchased outside Illinois at retail
from a retailer and which is titled or registered by an agency
of this State's government.
Beginning August 1, 2000, each month the Department shall
pay into the State and Local Sales Tax Reform Fund 100% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol. Beginning
September 1, 2010, each month the Department shall pay into the
State and Local Sales Tax Reform Fund 100% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of sales tax holiday items.
Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund 16% of the net revenue
realized for the preceding month from the 6.25% general rate on
the selling price of tangible personal property which is
purchased outside Illinois at retail from a retailer and which
is titled or registered by an agency of this State's
government.
Beginning October 1, 2009, each month the Department shall
pay into the Capital Projects Fund an amount that is equal to
an amount estimated by the Department to represent 80% of the
net revenue realized for the preceding month from the sale of
candy, grooming and hygiene products, and soft drinks that had
been taxed at a rate of 1% prior to September 1, 2009 but that

are now taxed at 6.25%.
Beginning July 1, 2011, each month the Department shall pay
into the Clean Air Act Permit Fund 80% of the net revenue
realized for the preceding month from the 6.25% general rate on
the selling price of sorbents used in Illinois in the process
of sorbent injection as used to comply with the Environmental
Protection Act or the federal Clean Air Act, but the total
payment into the Clean Air Act Permit Fund under this Act and
the Retailers' Occupation Tax Act shall not exceed $2,000,000
in any fiscal year.
Beginning July 1, 2013, each month the Department shall pay
into the Underground Storage Tank Fund from the proceeds
collected under this Act, the Service Use Tax Act, the Service
Occupation Tax Act, and the Retailers' Occupation Tax Act an
amount equal to the average monthly deficit in the Underground
Storage Tank Fund during the prior year, as certified annually
by the Illinois Environmental Protection Agency, but the total
payment into the Underground Storage Tank Fund under this Act,
the Service Use Tax Act, the Service Occupation Tax Act, and
the Retailers' Occupation Tax Act shall not exceed $18,000,000
in any State fiscal year. As used in this paragraph, the
"average monthly deficit" shall be equal to the difference
between the average monthly claims for payment by the fund and
the average monthly revenues deposited into the fund, excluding
payments made pursuant to this paragraph.
Beginning July 1, 2015, of the remainder of the moneys

received by the Department under this Act, the Service Use Tax
Act, the Service Occupation Tax Act, and the Retailers'
Occupation Tax Act, each month the Department shall deposit
$500,000 into the State Crime Laboratory Fund.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required
to be paid into the Build Illinois Fund pursuant to Section 3
of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
Act, Section 9 of the Service Use Tax Act, and Section 9 of the
Service Occupation Tax Act, such Acts being hereinafter called
the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
may be, of moneys being hereinafter called the "Tax Act
Amount", and (2) the amount transferred to the Build Illinois
Fund from the State and Local Sales Tax Reform Fund shall be
less than the Annual Specified Amount (as defined in Section 3
of the Retailers' Occupation Tax Act), an amount equal to the
difference shall be immediately paid into the Build Illinois
Fund from other moneys received by the Department pursuant to
the Tax Acts; and further provided, that if on the last
business day of any month the sum of (1) the Tax Act Amount
required to be deposited into the Build Illinois Bond Account

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

aggregate of the moneys deposited in the Build Illinois Bond
Account in the Build Illinois Fund in such month shall be less
than the amount required to be transferred in such month from
the Build Illinois Bond Account to the Build Illinois Bond
Retirement and Interest Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received by the
Department pursuant to the Tax Acts to the Build Illinois Fund;
provided, however, that any amounts paid to the Build Illinois
Fund in any fiscal year pursuant to this sentence shall be
deemed to constitute payments pursuant to clause (b) of the
preceding sentence and shall reduce the amount otherwise
payable for such fiscal year pursuant to clause (b) of the
preceding sentence. The moneys received by the Department
pursuant to this Act and required to be deposited into the
Build Illinois Fund are subject to the pledge, claim and charge
set forth in Section 12 of the Build Illinois Bond Act.
Subject to payment of amounts into the Build Illinois Fund
as provided in the preceding paragraph or in any amendment
thereto hereafter enacted, the following specified monthly
installment of the amount requested in the certificate of the
Chairman of the Metropolitan Pier and Exposition Authority
provided under Section 8.25f of the State Finance Act, but not
in excess of the sums designated as "Total Deposit", shall be
deposited in the aggregate from collections under Section 9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, Section

9 of the Service Occupation Tax Act, and Section 3 of the
Retailers' Occupation Tax Act into the McCormick Place
Expansion Project Fund in the specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000
2014 170,000,000

2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000
2021 246,000,000
2022 260,000,000
2023 275,000,000
2024 275,000,000
2025 275,000,000
2026 279,000,000
2027 292,000,000
2028 307,000,000
2029 322,000,000
2030 338,000,000
2031 350,000,000
2032 350,000,000
and
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.

Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year, but
not in excess of the amount specified above as "Total Deposit",
has been deposited.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning July 1, 1993 and ending on September 30,
2013, the Department shall each month pay into the Illinois Tax
Increment Fund 0.27% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate on the selling
price of tangible personal property.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a 25-year

period, the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined coal
that was sold to an eligible business. For purposes of this
paragraph, the term "eligible business" means a new electric
generating facility certified pursuant to Section 605-332 of
the Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
Subject to payment of amounts into the Build Illinois Fund,
the McCormick Place Expansion Project Fund, the Illinois Tax
Increment Fund, and the Energy Infrastructure Fund pursuant to
the preceding paragraphs or in any amendments to this Section
hereafter enacted, beginning on the first day of the first
calendar month to occur on or after August 26, 2014 (the
effective date of Public Act 98-1098), each month, from the
collections made under Section 9 of the Use Tax Act, Section 9
of the Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation Tax Act,
the Department shall pay into the Tax Compliance and
Administration Fund, to be used, subject to appropriation, to
fund additional auditors and compliance personnel at the
Department of Revenue, an amount equal to 1/12 of 5% of 80% of
the cash receipts collected during the preceding fiscal year by
the Audit Bureau of the Department under the Use Tax Act, the
Service Use Tax Act, the Service Occupation Tax Act, the
Retailers' Occupation Tax Act, and associated local occupation

and use taxes administered by the Department.
Subject to payments of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, the Illinois
Tax Increment Fund, the Energy Infrastructure Fund, and the Tax
Compliance and Administration Fund as provided in this Section,
beginning on July 1, 2018 the Department shall pay each month
into the Downstate Public Transportation Fund the moneys
required to be so paid under Section 2-3 of the Downstate
Public Transportation Act.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the State
Treasury and 25% shall be reserved in a special account and
used only for the transfer to the Common School Fund as part of
the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Motor Fuel Tax Fund an amount
equal to 1.7% of 80% of the net revenue realized under this Act
for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.

For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail in
Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and paying to the
Department all tax accruing under this Act with respect to such
sales, if the retailers who are affected do not make written
objection to the Department to this arrangement.
(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16;
99-933, eff. 1-27-17; 100-303, eff. 8-24-17; 100-363, eff.
7-1-18; revised 10-20-17.)
Section 205. The Service Use Tax Act is amended by changing
Sections 2 and 9 as follows:
(35 ILCS 110/2) (from Ch. 120, par. 439.32)
Sec. 2. Definitions. In this Act:
"Use" means the exercise by any person of any right or
power over tangible personal property incident to the ownership
of that property, but does not include the sale or use for
demonstration by him of that property in any form as tangible
personal property in the regular course of business. "Use" does
not mean the interim use of tangible personal property nor the
physical incorporation of tangible personal property, as an
ingredient or constituent, into other tangible personal
property, (a) which is sold in the regular course of business
or (b) which the person incorporating such ingredient or

constituent therein has undertaken at the time of such purchase
to cause to be transported in interstate commerce to
destinations outside the State of Illinois.
"Purchased from a serviceman" means the acquisition of the
ownership of, or title to, tangible personal property through a
sale of service.
"Purchaser" means any person who, through a sale of
service, acquires the ownership of, or title to, any tangible
personal property.
"Cost price" means the consideration paid by the serviceman
for a purchase valued in money, whether paid in money or
otherwise, including cash, credits and services, and shall be
determined without any deduction on account of the supplier's
cost of the property sold or on account of any other expense
incurred by the supplier. When a serviceman contracts out part
or all of the services required in his sale of service, it
shall be presumed that the cost price to the serviceman of the
property transferred to him or her by his or her subcontractor
is equal to 50% of the subcontractor's charges to the
serviceman in the absence of proof of the consideration paid by
the subcontractor for the purchase of such property.
"Selling price" means the consideration for a sale valued
in money whether received in money or otherwise, including
cash, credits and service, and shall be determined without any
deduction on account of the serviceman's cost of the property
sold, the cost of materials used, labor or service cost or any

other expense whatsoever, but does not include interest or
finance charges which appear as separate items on the bill of
sale or sales contract nor charges that are added to prices by
sellers on account of the seller's duty to collect, from the
purchaser, the tax that is imposed by this Act.
"Department" means the Department of Revenue.
"Person" means any natural individual, firm, partnership,
association, joint stock company, joint venture, public or
private corporation, limited liability company, and any
receiver, executor, trustee, guardian or other representative
appointed by order of any court.
"Sale of service" means any transaction except:
(1) a retail sale of tangible personal property taxable
under the Retailers' Occupation Tax Act or under the Use
Tax Act.
(2) a sale of tangible personal property for the
purpose of resale made in compliance with Section 2c of the
Retailers' Occupation Tax Act.
(3) except as hereinafter provided, a sale or transfer
of tangible personal property as an incident to the
rendering of service for or by any governmental body, or
for or by any corporation, society, association,
foundation or institution organized and operated
exclusively for charitable, religious or educational
purposes or any not-for-profit corporation, society,
association, foundation, institution or organization which

has no compensated officers or employees and which is
organized and operated primarily for the recreation of
persons 55 years of age or older. A limited liability
company may qualify for the exemption under this paragraph
only if the limited liability company is organized and
operated exclusively for educational purposes.
(4) (blank).
(4a) a sale or transfer of tangible personal property
as an incident to the rendering of service for owners,
lessors, or shippers of tangible personal property which is
utilized by interstate carriers for hire for use as rolling
stock moving in interstate commerce so long as so used by
interstate carriers for hire, and equipment operated by a
telecommunications provider, licensed as a common carrier
by the Federal Communications Commission, which is
permanently installed in or affixed to aircraft moving in
interstate commerce.
(4a-5) on and after July 1, 2003 and through June 30,
2004, a sale or transfer of a motor vehicle of the second
division with a gross vehicle weight in excess of 8,000
pounds as an incident to the rendering of service if that
motor vehicle is subject to the commercial distribution fee
imposed under Section 3-815.1 of the Illinois Vehicle Code.
Beginning on July 1, 2004 and through June 30, 2005, the
use in this State of motor vehicles of the second division:
(i) with a gross vehicle weight rating in excess of 8,000

pounds; (ii) that are subject to the commercial
distribution fee imposed under Section 3-815.1 of the
Illinois Vehicle Code; and (iii) that are primarily used
for commercial purposes. Through June 30, 2005, this
exemption applies to repair and replacement parts added
after the initial purchase of such a motor vehicle if that
motor vehicle is used in a manner that would qualify for
the rolling stock exemption otherwise provided for in this
Act. For purposes of this paragraph, "used for commercial
purposes" means the transportation of persons or property
in furtherance of any commercial or industrial enterprise
whether for-hire or not.
(5) a sale or transfer of machinery and equipment used
primarily in the process of the manufacturing or
assembling, either in an existing, an expanded or a new
manufacturing facility, of tangible personal property for
wholesale or retail sale or lease, whether such sale or
lease is made directly by the manufacturer or by some other
person, whether the materials used in the process are owned
by the manufacturer or some other person, or whether such
sale or lease is made apart from or as an incident to the
seller's engaging in a service occupation and the
applicable tax is a Service Use Tax or Service Occupation
Tax, rather than Use Tax or Retailers' Occupation Tax. The
exemption provided by this paragraph (5) does not include
machinery and equipment used in (i) the generation of

electricity for wholesale or retail sale; (ii) the
generation or treatment of natural or artificial gas for
wholesale or retail sale that is delivered to customers
through pipes, pipelines, or mains; or (iii) the treatment
of water for wholesale or retail sale that is delivered to
customers through pipes, pipelines, or mains. The
provisions of Public Act 98-583 this amendatory Act of the
98th General Assembly are declaratory of existing law as to
the meaning and scope of this exemption. The exemption
under this paragraph (5) is exempt from the provisions of
Section 3-75.
(5a) the repairing, reconditioning or remodeling, for
a common carrier by rail, of tangible personal property
which belongs to such carrier for hire, and as to which
such carrier receives the physical possession of the
repaired, reconditioned or remodeled item of tangible
personal property in Illinois, and which such carrier
transports, or shares with another common carrier in the
transportation of such property, out of Illinois on a
standard uniform bill of lading showing the person who
repaired, reconditioned or remodeled the property to a
destination outside Illinois, for use outside Illinois.
(5b) a sale or transfer of tangible personal property
which is produced by the seller thereof on special order in
such a way as to have made the applicable tax the Service
Occupation Tax or the Service Use Tax, rather than the

Retailers' Occupation Tax or the Use Tax, for an interstate
carrier by rail which receives the physical possession of
such property in Illinois, and which transports such
property, or shares with another common carrier in the
transportation of such property, out of Illinois on a
standard uniform bill of lading showing the seller of the
property as the shipper or consignor of such property to a
destination outside Illinois, for use outside Illinois.
(6) until July 1, 2003, a sale or transfer of
distillation machinery and equipment, sold as a unit or kit
and assembled or installed by the retailer, which machinery
and equipment is certified by the user to be used only for
the production of ethyl alcohol that will be used for
consumption as motor fuel or as a component of motor fuel
for the personal use of such user and not subject to sale
or resale.
(7) at the election of any serviceman not required to
be otherwise registered as a retailer under Section 2a of
the Retailers' Occupation Tax Act, made for each fiscal
year sales of service in which the aggregate annual cost
price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75%
in the case of servicemen transferring prescription drugs
or servicemen engaged in graphic arts production, of the
aggregate annual total gross receipts from all sales of
service. The purchase of such tangible personal property by

the serviceman shall be subject to tax under the Retailers'
Occupation Tax Act and the Use Tax Act. However, if a
primary serviceman who has made the election described in
this paragraph subcontracts service work to a secondary
serviceman who has also made the election described in this
paragraph, the primary serviceman does not incur a Use Tax
liability if the secondary serviceman (i) has paid or will
pay Use Tax on his or her cost price of any tangible
personal property transferred to the primary serviceman
and (ii) certifies that fact in writing to the primary
serviceman.
Tangible personal property transferred incident to the
completion of a maintenance agreement is exempt from the tax
imposed pursuant to this Act.
Exemption (5) also includes machinery and equipment used in
the general maintenance or repair of such exempt machinery and
equipment or for in-house manufacture of exempt machinery and
equipment. On and after July 1, 2017, exemption (5) also
includes graphic arts machinery and equipment, as defined in
paragraph (5) of Section 3-5. The machinery and equipment
exemption does not include machinery and equipment used in (i)
the generation of electricity for wholesale or retail sale;
(ii) the generation or treatment of natural or artificial gas
for wholesale or retail sale that is delivered to customers
through pipes, pipelines, or mains; or (iii) the treatment of
water for wholesale or retail sale that is delivered to

customers through pipes, pipelines, or mains. The provisions of
Public Act 98-583 this amendatory Act of the 98th General
Assembly are declaratory of existing law as to the meaning and
scope of this exemption. For the purposes of exemption (5),
each of these terms shall have the following meanings: (1)
"manufacturing process" shall mean the production of any
article of tangible personal property, whether such article is
a finished product or an article for use in the process of
manufacturing or assembling a different article of tangible
personal property, by procedures commonly regarded as
manufacturing, processing, fabricating, or refining which
changes some existing material or materials into a material
with a different form, use or name. In relation to a recognized
integrated business composed of a series of operations which
collectively constitute manufacturing, or individually
constitute manufacturing operations, the manufacturing process
shall be deemed to commence with the first operation or stage
of production in the series, and shall not be deemed to end
until the completion of the final product in the last operation
or stage of production in the series; and further, for purposes
of exemption (5), photoprocessing is deemed to be a
manufacturing process of tangible personal property for
wholesale or retail sale; (2) "assembling process" shall mean
the production of any article of tangible personal property,
whether such article is a finished product or an article for
use in the process of manufacturing or assembling a different

article of tangible personal property, by the combination of
existing materials in a manner commonly regarded as assembling
which results in a material of a different form, use or name;
(3) "machinery" shall mean major mechanical machines or major
components of such machines contributing to a manufacturing or
assembling process; and (4) "equipment" shall include any
independent device or tool separate from any machinery but
essential to an integrated manufacturing or assembly process;
including computers used primarily in a manufacturer's
computer assisted design, computer assisted manufacturing
(CAD/CAM) system; or any subunit or assembly comprising a
component of any machinery or auxiliary, adjunct or attachment
parts of machinery, such as tools, dies, jigs, fixtures,
patterns and molds; or any parts which require periodic
replacement in the course of normal operation; but shall not
include hand tools. Equipment includes chemicals or chemicals
acting as catalysts but only if the chemicals or chemicals
acting as catalysts effect a direct and immediate change upon a
product being manufactured or assembled for wholesale or retail
sale or lease. The purchaser of such machinery and equipment
who has an active resale registration number shall furnish such
number to the seller at the time of purchase. The user of such
machinery and equipment and tools without an active resale
registration number shall prepare a certificate of exemption
for each transaction stating facts establishing the exemption
for that transaction, which certificate shall be available to

the Department for inspection or audit. The Department shall
prescribe the form of the certificate.
Any informal rulings, opinions or letters issued by the
Department in response to an inquiry or request for any opinion
from any person regarding the coverage and applicability of
exemption (5) to specific devices shall be published,
maintained as a public record, and made available for public
inspection and copying. If the informal ruling, opinion or
letter contains trade secrets or other confidential
information, where possible the Department shall delete such
information prior to publication. Whenever such informal
rulings, opinions, or letters contain any policy of general
applicability, the Department shall formulate and adopt such
policy as a rule in accordance with the provisions of the
Illinois Administrative Procedure Act.
On and after July 1, 1987, no entity otherwise eligible
under exemption (3) of this Section shall make tax-free tax
free purchases unless it has an active exemption identification
number issued by the Department.
The purchase, employment and transfer of such tangible
personal property as newsprint and ink for the primary purpose
of conveying news (with or without other information) is not a
purchase, use or sale of service or of tangible personal
property within the meaning of this Act.
"Serviceman" means any person who is engaged in the
occupation of making sales of service.

"Sale at retail" means "sale at retail" as defined in the
Retailers' Occupation Tax Act.
"Supplier" means any person who makes sales of tangible
personal property to servicemen for the purpose of resale as an
incident to a sale of service.
"Serviceman maintaining a place of business in this State",
or any like term, means and includes any serviceman:
1. having or maintaining within this State, directly or
by a subsidiary, an office, distribution house, sales
house, warehouse or other place of business, or any agent
or other representative operating within this State under
the authority of the serviceman or its subsidiary,
irrespective of whether such place of business or agent or
other representative is located here permanently or
temporarily, or whether such serviceman or subsidiary is
licensed to do business in this State;
1.1. having a contract with a person located in this
State under which the person, for a commission or other
consideration based on the sale of service by the
serviceman, directly or indirectly refers potential
customers to the serviceman by providing to the potential
customers a promotional code or other mechanism that allows
the serviceman to track purchases referred by such persons.
Examples of mechanisms that allow the serviceman to track
purchases referred by such persons include but are not
limited to the use of a link on the person's Internet

website, promotional codes distributed through the
person's hand-delivered or mailed material, and
promotional codes distributed by the person through radio
or other broadcast media. The provisions of this paragraph
1.1 shall apply only if the cumulative gross receipts from
sales of service by the serviceman to customers who are
referred to the serviceman by all persons in this State
under such contracts exceed $10,000 during the preceding 4
quarterly periods ending on the last day of March, June,
September, and December; a serviceman meeting the
requirements of this paragraph 1.1 shall be presumed to be
maintaining a place of business in this State but may rebut
this presumption by submitting proof that the referrals or
other activities pursued within this State by such persons
were not sufficient to meet the nexus standards of the
United States Constitution during the preceding 4
quarterly periods;
1.2. beginning July 1, 2011, having a contract with a
person located in this State under which:
A. the serviceman sells the same or substantially
similar line of services as the person located in this
State and does so using an identical or substantially
similar name, trade name, or trademark as the person
located in this State; and
B. the serviceman provides a commission or other
consideration to the person located in this State based

upon the sale of services by the serviceman.
The provisions of this paragraph 1.2 shall apply only if
the cumulative gross receipts from sales of service by the
serviceman to customers in this State under all such
contracts exceed $10,000 during the preceding 4 quarterly
periods ending on the last day of March, June, September,
and December;
2. soliciting orders for tangible personal property by
means of a telecommunication or television shopping system
(which utilizes toll free numbers) which is intended by the
retailer to be broadcast by cable television or other means
of broadcasting, to consumers located in this State;
3. pursuant to a contract with a broadcaster or
publisher located in this State, soliciting orders for
tangible personal property by means of advertising which is
disseminated primarily to consumers located in this State
and only secondarily to bordering jurisdictions;
4. soliciting orders for tangible personal property by
mail if the solicitations are substantial and recurring and
if the retailer benefits from any banking, financing, debt
collection, telecommunication, or marketing activities
occurring in this State or benefits from the location in
this State of authorized installation, servicing, or
repair facilities;
5. being owned or controlled by the same interests
which own or control any retailer engaging in business in

the same or similar line of business in this State;
6. having a franchisee or licensee operating under its
trade name if the franchisee or licensee is required to
collect the tax under this Section;
7. pursuant to a contract with a cable television
operator located in this State, soliciting orders for
tangible personal property by means of advertising which is
transmitted or distributed over a cable television system
in this State; or
8. engaging in activities in Illinois, which
activities in the state in which the supply business
engaging in such activities is located would constitute
maintaining a place of business in that state.
(Source: P.A. 100-22, eff. 7-6-17; 100-321, eff. 8-24-17;
revised 9-27-17.)
(35 ILCS 110/9) (from Ch. 120, par. 439.39)
(Text of Section before amendment by P.A. 100-363)
Sec. 9. Each serviceman required or authorized to collect
the tax herein imposed shall pay to the Department the amount
of such tax (except as otherwise provided) at the time when he
is required to file his return for the period during which such
tax was collected, less a discount of 2.1% prior to January 1,
1990 and 1.75% on and after January 1, 1990, or $5 per calendar
year, whichever is greater, which is allowed to reimburse the
serviceman for expenses incurred in collecting the tax, keeping

records, preparing and filing returns, remitting the tax and
supplying data to the Department on request. The discount
allowed under this Section is allowed only for returns that are
filed in the manner required by this Act. The Department may
disallow the discount for servicemen whose certificate of
registration is revoked at the time the return is filed, but
only if the Department's decision to revoke the certificate of
registration has become final. A serviceman need not remit that
part of any tax collected by him to the extent that he is
required to pay and does pay the tax imposed by the Service
Occupation Tax Act with respect to his sale of service
involving the incidental transfer by him of the same property.
Except as provided hereinafter in this Section, on or
before the twentieth day of each calendar month, such
serviceman shall file a return for the preceding calendar month
in accordance with reasonable Rules and Regulations to be
promulgated by the Department. Such return shall be filed on a
form prescribed by the Department and shall contain such
information as the Department may reasonably require. On and
after January 1, 2018, with respect to servicemen whose annual
gross receipts average $20,000 or more, all returns required to
be filed pursuant to this Act shall be filed electronically.
Servicemen who demonstrate that they do not have access to the
Internet or demonstrate hardship in filing electronically may
petition the Department to waive the electronic filing
requirement.

The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter. The
taxpayer shall also file a return with the Department for each
of the first two months of each calendar quarter, on or before
the twentieth day of the following calendar month, stating:
1. The name of the seller;
2. The address of the principal place of business from
which he engages in business as a serviceman in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month, including receipts
from charge and time sales, but less all deductions allowed
by law;
4. The amount of credit provided in Section 2d of this
Act;
5. The amount of tax due;
5-5. The signature of the taxpayer; and
6. Such other reasonable information as the Department
may require.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.
Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all

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

payments by electronic funds transfer shall make those payments
for a minimum of one year beginning on October 1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those payments
in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
If the serviceman is otherwise required to file a monthly
return and if the serviceman's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February and March of a given year
being due by April 20 of such year; with the return for April,
May and June of a given year being due by July 20 of such year;
with the return for July, August and September of a given year
being due by October 20 of such year, and with the return for
October, November and December of a given year being due by
January 20 of the following year.
If the serviceman is otherwise required to file a monthly
or quarterly return and if the serviceman's average monthly tax
liability to the Department does not exceed $50, the Department

may authorize his returns to be filed on an annual basis, with
the return for a given year being due by January 20 of the
following year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as monthly
returns.
Notwithstanding any other provision in this Act concerning
the time within which a serviceman may file his return, in the
case of any serviceman who ceases to engage in a kind of
business which makes him responsible for filing returns under
this Act, such serviceman shall file a final return under this
Act with the Department not more than 1 month after
discontinuing such business.
Where a serviceman collects the tax with respect to the
selling price of property which he sells and the purchaser
thereafter returns such property and the serviceman refunds the
selling price thereof to the purchaser, such serviceman shall
also refund, to the purchaser, the tax so collected from the
purchaser. When filing his return for the period in which he
refunds such tax to the purchaser, the serviceman may deduct
the amount of the tax so refunded by him to the purchaser from
any other Service Use Tax, Service Occupation Tax, retailers'
occupation tax or use tax which such serviceman may be required
to pay or remit to the Department, as shown by such return,
provided that the amount of the tax to be deducted shall
previously have been remitted to the Department by such

serviceman. If the serviceman shall not previously have
remitted the amount of such tax to the Department, he shall be
entitled to no deduction hereunder upon refunding such tax to
the purchaser.
Any serviceman filing a return hereunder shall also include
the total tax upon the selling price of tangible personal
property purchased for use by him as an incident to a sale of
service, and such serviceman shall remit the amount of such tax
to the Department when filing such return.
If experience indicates such action to be practicable, the
Department may prescribe and furnish a combination or joint
return which will enable servicemen, who are required to file
returns hereunder and also under the Service Occupation Tax
Act, to furnish all the return information required by both
Acts on the one form.
Where the serviceman has more than one business registered
with the Department under separate registration hereunder,
such serviceman shall not file each return that is due as a
single return covering all such registered businesses, but
shall file separate returns for each such registered business.
Beginning January 1, 1990, each month the Department shall
pay into the State and Local Tax Reform Fund, a special fund in
the State Treasury, the net revenue realized for the preceding
month from the 1% tax on sales of food for human consumption
which is to be consumed off the premises where it is sold
(other than alcoholic beverages, soft drinks and food which has

been prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances, products
classified as Class III medical devices, by the United States
Food and Drug Administration that are used for cancer treatment
pursuant to a prescription, as well as any accessories and
components related to those devices, and insulin, urine testing
materials, syringes and needles used by diabetics.
Beginning January 1, 1990, each month the Department shall
pay into the State and Local Sales Tax Reform Fund 20% of the
net revenue realized for the preceding month from the 6.25%
general rate on transfers of tangible personal property, other
than tangible personal property which is purchased outside
Illinois at retail from a retailer and which is titled or
registered by an agency of this State's government.
Beginning August 1, 2000, each month the Department shall
pay into the State and Local Sales Tax Reform Fund 100% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol.
Beginning October 1, 2009, each month the Department shall
pay into the Capital Projects Fund an amount that is equal to
an amount estimated by the Department to represent 80% of the
net revenue realized for the preceding month from the sale of
candy, grooming and hygiene products, and soft drinks that had
been taxed at a rate of 1% prior to September 1, 2009 but that
are now taxed at 6.25%.
Beginning July 1, 2013, each month the Department shall pay

into the Underground Storage Tank Fund from the proceeds
collected under this Act, the Use Tax Act, the Service
Occupation Tax Act, and the Retailers' Occupation Tax Act an
amount equal to the average monthly deficit in the Underground
Storage Tank Fund during the prior year, as certified annually
by the Illinois Environmental Protection Agency, but the total
payment into the Underground Storage Tank Fund under this Act,
the Use Tax Act, the Service Occupation Tax Act, and the
Retailers' Occupation Tax Act shall not exceed $18,000,000 in
any State fiscal year. As used in this paragraph, the "average
monthly deficit" shall be equal to the difference between the
average monthly claims for payment by the fund and the average
monthly revenues deposited into the fund, excluding payments
made pursuant to this paragraph.
Beginning July 1, 2015, of the remainder of the moneys
received by the Department under the Use Tax Act, this Act, the
Service Occupation Tax Act, and the Retailers' Occupation Tax
Act, each month the Department shall deposit $500,000 into the
State Crime Laboratory Fund.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required

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

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

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

1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000
2021 246,000,000
2022 260,000,000
2023 275,000,000
2024 275,000,000

2025 275,000,000
2026 279,000,000
2027 292,000,000
2028 307,000,000
2029 322,000,000
2030 338,000,000
2031 350,000,000
2032 350,000,000
and
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.
Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project

Fund, until the full amount requested for the fiscal year, but
not in excess of the amount specified above as "Total Deposit",
has been deposited.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning July 1, 1993 and ending on September 30,
2013, the Department shall each month pay into the Illinois Tax
Increment Fund 0.27% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate on the selling
price of tangible personal property.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a 25-year
period, the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined coal
that was sold to an eligible business. For purposes of this
paragraph, the term "eligible business" means a new electric
generating facility certified pursuant to Section 605-332 of
the Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
Subject to payment of amounts into the Build Illinois Fund,
the McCormick Place Expansion Project Fund, the Illinois Tax

Increment Fund, and the Energy Infrastructure Fund pursuant to
the preceding paragraphs or in any amendments to this Section
hereafter enacted, beginning on the first day of the first
calendar month to occur on or after August 26, 2014 (the
effective date of Public Act 98-1098) this amendatory Act of
the 98th General Assembly, each month, from the collections
made under Section 9 of the Use Tax Act, Section 9 of the
Service Use Tax Act, Section 9 of the Service Occupation Tax
Act, and Section 3 of the Retailers' Occupation Tax Act, the
Department shall pay into the Tax Compliance and Administration
Fund, to be used, subject to appropriation, to fund additional
auditors and compliance personnel at the Department of Revenue,
an amount equal to 1/12 of 5% of 80% of the cash receipts
collected during the preceding fiscal year by the Audit Bureau
of the Department under the Use Tax Act, the Service Use Tax
Act, the Service Occupation Tax Act, the Retailers' Occupation
Tax Act, and associated local occupation and use taxes
administered by the Department.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the
General Revenue Fund of the State Treasury and 25% shall be
reserved in a special account and used only for the transfer to
the Common School Fund as part of the monthly transfer from the
General Revenue Fund in accordance with Section 8a of the State
Finance Act.
As soon as possible after the first day of each month, upon

certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Motor Fuel Tax Fund an amount
equal to 1.7% of 80% of the net revenue realized under this Act
for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16;
100-303, eff. 8-24-17; revised 1-22-18.)
(Text of Section after amendment by P.A. 100-363)
Sec. 9. Each serviceman required or authorized to collect
the tax herein imposed shall pay to the Department the amount
of such tax (except as otherwise provided) at the time when he
is required to file his return for the period during which such
tax was collected, less a discount of 2.1% prior to January 1,
1990 and 1.75% on and after January 1, 1990, or $5 per calendar
year, whichever is greater, which is allowed to reimburse the
serviceman for expenses incurred in collecting the tax, keeping
records, preparing and filing returns, remitting the tax and
supplying data to the Department on request. The discount
allowed under this Section is allowed only for returns that are
filed in the manner required by this Act. The Department may

disallow the discount for servicemen whose certificate of
registration is revoked at the time the return is filed, but
only if the Department's decision to revoke the certificate of
registration has become final. A serviceman need not remit that
part of any tax collected by him to the extent that he is
required to pay and does pay the tax imposed by the Service
Occupation Tax Act with respect to his sale of service
involving the incidental transfer by him of the same property.
Except as provided hereinafter in this Section, on or
before the twentieth day of each calendar month, such
serviceman shall file a return for the preceding calendar month
in accordance with reasonable Rules and Regulations to be
promulgated by the Department. Such return shall be filed on a
form prescribed by the Department and shall contain such
information as the Department may reasonably require. On and
after January 1, 2018, with respect to servicemen whose annual
gross receipts average $20,000 or more, all returns required to
be filed pursuant to this Act shall be filed electronically.
Servicemen who demonstrate that they do not have access to the
Internet or demonstrate hardship in filing electronically may
petition the Department to waive the electronic filing
requirement.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter. The

taxpayer shall also file a return with the Department for each
of the first two months of each calendar quarter, on or before
the twentieth day of the following calendar month, stating:
1. The name of the seller;
2. The address of the principal place of business from
which he engages in business as a serviceman in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month, including receipts
from charge and time sales, but less all deductions allowed
by law;
4. The amount of credit provided in Section 2d of this
Act;
5. The amount of tax due;
5-5. The signature of the taxpayer; and
6. Such other reasonable information as the Department
may require.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.
Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000 or more shall make
all payments required by rules of the Department by electronic

funds transfer. Beginning October 1, 1995, a taxpayer who has
an average monthly tax liability of $50,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 2000, a taxpayer who has
an annual tax liability of $200,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. The term "annual tax liability" shall be the
sum of the taxpayer's liabilities under this Act, and under all
other State and local occupation and use tax laws administered
by the Department, for the immediately preceding calendar year.
The term "average monthly tax liability" means the sum of the
taxpayer's liabilities under this Act, and under all other
State and local occupation and use tax laws administered by the
Department, for the immediately preceding calendar year
divided by 12. Beginning on October 1, 2002, a taxpayer who has
a tax liability in the amount set forth in subsection (b) of
Section 2505-210 of the Department of Revenue Law shall make
all payments required by rules of the Department by electronic
funds transfer.
Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make payments
by electronic funds transfer. All taxpayers required to make
payments by electronic funds transfer shall make those payments
for a minimum of one year beginning on October 1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer

with the permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those payments
in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
If the serviceman is otherwise required to file a monthly
return and if the serviceman's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February and March of a given year
being due by April 20 of such year; with the return for April,
May and June of a given year being due by July 20 of such year;
with the return for July, August and September of a given year
being due by October 20 of such year, and with the return for
October, November and December of a given year being due by
January 20 of the following year.
If the serviceman is otherwise required to file a monthly
or quarterly return and if the serviceman's average monthly tax
liability to the Department does not exceed $50, the Department
may authorize his returns to be filed on an annual basis, with
the return for a given year being due by January 20 of the
following year.
Such quarter annual and annual returns, as to form and

substance, shall be subject to the same requirements as monthly
returns.
Notwithstanding any other provision in this Act concerning
the time within which a serviceman may file his return, in the
case of any serviceman who ceases to engage in a kind of
business which makes him responsible for filing returns under
this Act, such serviceman shall file a final return under this
Act with the Department not more than 1 month after
discontinuing such business.
Where a serviceman collects the tax with respect to the
selling price of property which he sells and the purchaser
thereafter returns such property and the serviceman refunds the
selling price thereof to the purchaser, such serviceman shall
also refund, to the purchaser, the tax so collected from the
purchaser. When filing his return for the period in which he
refunds such tax to the purchaser, the serviceman may deduct
the amount of the tax so refunded by him to the purchaser from
any other Service Use Tax, Service Occupation Tax, retailers'
occupation tax or use tax which such serviceman may be required
to pay or remit to the Department, as shown by such return,
provided that the amount of the tax to be deducted shall
previously have been remitted to the Department by such
serviceman. If the serviceman shall not previously have
remitted the amount of such tax to the Department, he shall be
entitled to no deduction hereunder upon refunding such tax to
the purchaser.

Any serviceman filing a return hereunder shall also include
the total tax upon the selling price of tangible personal
property purchased for use by him as an incident to a sale of
service, and such serviceman shall remit the amount of such tax
to the Department when filing such return.
If experience indicates such action to be practicable, the
Department may prescribe and furnish a combination or joint
return which will enable servicemen, who are required to file
returns hereunder and also under the Service Occupation Tax
Act, to furnish all the return information required by both
Acts on the one form.
Where the serviceman has more than one business registered
with the Department under separate registration hereunder,
such serviceman shall not file each return that is due as a
single return covering all such registered businesses, but
shall file separate returns for each such registered business.
Beginning January 1, 1990, each month the Department shall
pay into the State and Local Tax Reform Fund, a special fund in
the State Treasury, the net revenue realized for the preceding
month from the 1% tax on sales of food for human consumption
which is to be consumed off the premises where it is sold
(other than alcoholic beverages, soft drinks and food which has
been prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances, products
classified as Class III medical devices, by the United States
Food and Drug Administration that are used for cancer treatment

pursuant to a prescription, as well as any accessories and
components related to those devices, and insulin, urine testing
materials, syringes and needles used by diabetics.
Beginning January 1, 1990, each month the Department shall
pay into the State and Local Sales Tax Reform Fund 20% of the
net revenue realized for the preceding month from the 6.25%
general rate on transfers of tangible personal property, other
than tangible personal property which is purchased outside
Illinois at retail from a retailer and which is titled or
registered by an agency of this State's government.
Beginning August 1, 2000, each month the Department shall
pay into the State and Local Sales Tax Reform Fund 100% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol.
Beginning October 1, 2009, each month the Department shall
pay into the Capital Projects Fund an amount that is equal to
an amount estimated by the Department to represent 80% of the
net revenue realized for the preceding month from the sale of
candy, grooming and hygiene products, and soft drinks that had
been taxed at a rate of 1% prior to September 1, 2009 but that
are now taxed at 6.25%.
Beginning July 1, 2013, each month the Department shall pay
into the Underground Storage Tank Fund from the proceeds
collected under this Act, the Use Tax Act, the Service
Occupation Tax Act, and the Retailers' Occupation Tax Act an
amount equal to the average monthly deficit in the Underground

Storage Tank Fund during the prior year, as certified annually
by the Illinois Environmental Protection Agency, but the total
payment into the Underground Storage Tank Fund under this Act,
the Use Tax Act, the Service Occupation Tax Act, and the
Retailers' Occupation Tax Act shall not exceed $18,000,000 in
any State fiscal year. As used in this paragraph, the "average
monthly deficit" shall be equal to the difference between the
average monthly claims for payment by the fund and the average
monthly revenues deposited into the fund, excluding payments
made pursuant to this paragraph.
Beginning July 1, 2015, of the remainder of the moneys
received by the Department under the Use Tax Act, this Act, the
Service Occupation Tax Act, and the Retailers' Occupation Tax
Act, each month the Department shall deposit $500,000 into the
State Crime Laboratory Fund.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required
to be paid into the Build Illinois Fund pursuant to Section 3
of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
Act, Section 9 of the Service Use Tax Act, and Section 9 of the
Service Occupation Tax Act, such Acts being hereinafter called

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

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

Build Illinois Fund are subject to the pledge, claim and charge
set forth in Section 12 of the Build Illinois Bond Act.
Subject to payment of amounts into the Build Illinois Fund
as provided in the preceding paragraph or in any amendment
thereto hereafter enacted, the following specified monthly
installment of the amount requested in the certificate of the
Chairman of the Metropolitan Pier and Exposition Authority
provided under Section 8.25f of the State Finance Act, but not
in excess of the sums designated as "Total Deposit", shall be
deposited in the aggregate from collections under Section 9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, Section
9 of the Service Occupation Tax Act, and Section 3 of the
Retailers' Occupation Tax Act into the McCormick Place
Expansion Project Fund in the specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000

2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000
2021 246,000,000
2022 260,000,000
2023 275,000,000
2024 275,000,000
2025 275,000,000
2026 279,000,000
2027 292,000,000
2028 307,000,000

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

and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning July 1, 1993 and ending on September 30,
2013, the Department shall each month pay into the Illinois Tax
Increment Fund 0.27% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate on the selling
price of tangible personal property.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a 25-year
period, the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined coal
that was sold to an eligible business. For purposes of this
paragraph, the term "eligible business" means a new electric
generating facility certified pursuant to Section 605-332 of
the Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
Subject to payment of amounts into the Build Illinois Fund,
the McCormick Place Expansion Project Fund, the Illinois Tax
Increment Fund, and the Energy Infrastructure Fund pursuant to
the preceding paragraphs or in any amendments to this Section
hereafter enacted, beginning on the first day of the first
calendar month to occur on or after August 26, 2014 (the

effective date of Public Act 98-1098) this amendatory Act of
the 98th General Assembly, each month, from the collections
made under Section 9 of the Use Tax Act, Section 9 of the
Service Use Tax Act, Section 9 of the Service Occupation Tax
Act, and Section 3 of the Retailers' Occupation Tax Act, the
Department shall pay into the Tax Compliance and Administration
Fund, to be used, subject to appropriation, to fund additional
auditors and compliance personnel at the Department of Revenue,
an amount equal to 1/12 of 5% of 80% of the cash receipts
collected during the preceding fiscal year by the Audit Bureau
of the Department under the Use Tax Act, the Service Use Tax
Act, the Service Occupation Tax Act, the Retailers' Occupation
Tax Act, and associated local occupation and use taxes
administered by the Department.
Subject to payments of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, the Illinois
Tax Increment Fund, the Energy Infrastructure Fund, and the Tax
Compliance and Administration Fund as provided in this Section,
beginning on July 1, 2018 the Department shall pay each month
into the Downstate Public Transportation Fund the moneys
required to be so paid under Section 2-3 of the Downstate
Public Transportation Act.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the
General Revenue Fund of the State Treasury and 25% shall be
reserved in a special account and used only for the transfer to

the Common School Fund as part of the monthly transfer from the
General Revenue Fund in accordance with Section 8a of the State
Finance Act.
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Motor Fuel Tax Fund an amount
equal to 1.7% of 80% of the net revenue realized under this Act
for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16;
100-303, eff. 8-24-17; 100-363, eff. 7-1-18; revised 1-22-18.)
Section 210. The Service Occupation Tax Act is amended by
changing Sections 2 and 9 as follows:
(35 ILCS 115/2) (from Ch. 120, par. 439.102)
Sec. 2. In this Act:
"Transfer" means any transfer of the title to property or
of the ownership of property whether or not the transferor
retains title as security for the payment of amounts due him
from the transferee.

"Cost Price" means the consideration paid by the serviceman
for a purchase valued in money, whether paid in money or
otherwise, including cash, credits and services, and shall be
determined without any deduction on account of the supplier's
cost of the property sold or on account of any other expense
incurred by the supplier. When a serviceman contracts out part
or all of the services required in his sale of service, it
shall be presumed that the cost price to the serviceman of the
property transferred to him by his or her subcontractor is
equal to 50% of the subcontractor's charges to the serviceman
in the absence of proof of the consideration paid by the
subcontractor for the purchase of such property.
"Department" means the Department of Revenue.
"Person" means any natural individual, firm, partnership,
association, joint stock company, joint venture, public or
private corporation, limited liability company, and any
receiver, executor, trustee, guardian or other representative
appointed by order of any court.
"Sale of Service" means any transaction except:
(a) A retail sale of tangible personal property taxable
under the Retailers' Occupation Tax Act or under the Use Tax
Act.
(b) A sale of tangible personal property for the purpose of
resale made in compliance with Section 2c of the Retailers'
Occupation Tax Act.
(c) Except as hereinafter provided, a sale or transfer of

tangible personal property as an incident to the rendering of
service for or by any governmental body or for or by any
corporation, society, association, foundation or institution
organized and operated exclusively for charitable, religious
or educational purposes or any not-for-profit corporation,
society, association, foundation, institution or organization
which has no compensated officers or employees and which is
organized and operated primarily for the recreation of persons
55 years of age or older. A limited liability company may
qualify for the exemption under this paragraph only if the
limited liability company is organized and operated
exclusively for educational purposes.
(d) (Blank).
(d-1) A sale or transfer of tangible personal property as
an incident to the rendering of service for owners, lessors or
shippers of tangible personal property which is utilized by
interstate carriers for hire for use as rolling stock moving in
interstate commerce, and equipment operated by a
telecommunications provider, licensed as a common carrier by
the Federal Communications Commission, which is permanently
installed in or affixed to aircraft moving in interstate
commerce.
(d-1.1) On and after July 1, 2003 and through June 30,
2004, a sale or transfer of a motor vehicle of the second
division with a gross vehicle weight in excess of 8,000 pounds
as an incident to the rendering of service if that motor

vehicle is subject to the commercial distribution fee imposed
under Section 3-815.1 of the Illinois Vehicle Code. Beginning
on July 1, 2004 and through June 30, 2005, the use in this
State of motor vehicles of the second division: (i) with a
gross vehicle weight rating in excess of 8,000 pounds; (ii)
that are subject to the commercial distribution fee imposed
under Section 3-815.1 of the Illinois Vehicle Code; and (iii)
that are primarily used for commercial purposes. Through June
30, 2005, this exemption applies to repair and replacement
parts added after the initial purchase of such a motor vehicle
if that motor vehicle is used in a manner that would qualify
for the rolling stock exemption otherwise provided for in this
Act. For purposes of this paragraph, "used for commercial
purposes" means the transportation of persons or property in
furtherance of any commercial or industrial enterprise whether
for-hire or not.
(d-2) The repairing, reconditioning or remodeling, for a
common carrier by rail, of tangible personal property which
belongs to such carrier for hire, and as to which such carrier
receives the physical possession of the repaired,
reconditioned or remodeled item of tangible personal property
in Illinois, and which such carrier transports, or shares with
another common carrier in the transportation of such property,
out of Illinois on a standard uniform bill of lading showing
the person who repaired, reconditioned or remodeled the
property as the shipper or consignor of such property to a

destination outside Illinois, for use outside Illinois.
(d-3) A sale or transfer of tangible personal property
which is produced by the seller thereof on special order in
such a way as to have made the applicable tax the Service
Occupation Tax or the Service Use Tax, rather than the
Retailers' Occupation Tax or the Use Tax, for an interstate
carrier by rail which receives the physical possession of such
property in Illinois, and which transports such property, or
shares with another common carrier in the transportation of
such property, out of Illinois on a standard uniform bill of
lading showing the seller of the property as the shipper or
consignor of such property to a destination outside Illinois,
for use outside Illinois.
(d-4) Until January 1, 1997, a sale, by a registered
serviceman paying tax under this Act to the Department, of
special order printed materials delivered outside Illinois and
which are not returned to this State, if delivery is made by
the seller or agent of the seller, including an agent who
causes the product to be delivered outside Illinois by a common
carrier or the U.S. postal service.
(e) A sale or transfer of machinery and equipment used
primarily in the process of the manufacturing or assembling,
either in an existing, an expanded or a new manufacturing
facility, of tangible personal property for wholesale or retail
sale or lease, whether such sale or lease is made directly by
the manufacturer or by some other person, whether the materials

used in the process are owned by the manufacturer or some other
person, or whether such sale or lease is made apart from or as
an incident to the seller's engaging in a service occupation
and the applicable tax is a Service Occupation Tax or Service
Use Tax, rather than Retailers' Occupation Tax or Use Tax. The
exemption provided by this paragraph (e) does not include
machinery and equipment used in (i) the generation of
electricity for wholesale or retail sale; (ii) the generation
or treatment of natural or artificial gas for wholesale or
retail sale that is delivered to customers through pipes,
pipelines, or mains; or (iii) the treatment of water for
wholesale or retail sale that is delivered to customers through
pipes, pipelines, or mains. The provisions of Public Act 98-583
this amendatory Act of the 98th General Assembly are
declaratory of existing law as to the meaning and scope of this
exemption. The exemption under this subsection (e) is exempt
from the provisions of Section 3-75.
(f) Until July 1, 2003, the sale or transfer of
distillation machinery and equipment, sold as a unit or kit and
assembled or installed by the retailer, which machinery and
equipment is certified by the user to be used only for the
production of ethyl alcohol that will be used for consumption
as motor fuel or as a component of motor fuel for the personal
use of such user and not subject to sale or resale.
(g) At the election of any serviceman not required to be
otherwise registered as a retailer under Section 2a of the

Retailers' Occupation Tax Act, made for each fiscal year sales
of service in which the aggregate annual cost price of tangible
personal property transferred as an incident to the sales of
service is less than 35% (75% in the case of servicemen
transferring prescription drugs or servicemen engaged in
graphic arts production) of the aggregate annual total gross
receipts from all sales of service. The purchase of such
tangible personal property by the serviceman shall be subject
to tax under the Retailers' Occupation Tax Act and the Use Tax
Act. However, if a primary serviceman who has made the election
described in this paragraph subcontracts service work to a
secondary serviceman who has also made the election described
in this paragraph, the primary serviceman does not incur a Use
Tax liability if the secondary serviceman (i) has paid or will
pay Use Tax on his or her cost price of any tangible personal
property transferred to the primary serviceman and (ii)
certifies that fact in writing to the primary serviceman.
Tangible personal property transferred incident to the
completion of a maintenance agreement is exempt from the tax
imposed pursuant to this Act.
Exemption (e) also includes machinery and equipment used in
the general maintenance or repair of such exempt machinery and
equipment or for in-house manufacture of exempt machinery and
equipment. On and after July 1, 2017, exemption (e) also
includes graphic arts machinery and equipment, as defined in
paragraph (5) of Section 3-5. The machinery and equipment

exemption does not include machinery and equipment used in (i)
the generation of electricity for wholesale or retail sale;
(ii) the generation or treatment of natural or artificial gas
for wholesale or retail sale that is delivered to customers
through pipes, pipelines, or mains; or (iii) the treatment of
water for wholesale or retail sale that is delivered to
customers through pipes, pipelines, or mains. The provisions of
Public Act 98-583 this amendatory Act of the 98th General
Assembly are declaratory of existing law as to the meaning and
scope of this exemption. For the purposes of exemption (e),
each of these terms shall have the following meanings: (1)
"manufacturing process" shall mean the production of any
article of tangible personal property, whether such article is
a finished product or an article for use in the process of
manufacturing or assembling a different article of tangible
personal property, by procedures commonly regarded as
manufacturing, processing, fabricating, or refining which
changes some existing material or materials into a material
with a different form, use or name. In relation to a recognized
integrated business composed of a series of operations which
collectively constitute manufacturing, or individually
constitute manufacturing operations, the manufacturing process
shall be deemed to commence with the first operation or stage
of production in the series, and shall not be deemed to end
until the completion of the final product in the last operation
or stage of production in the series; and further for purposes

of exemption (e), photoprocessing is deemed to be a
manufacturing process of tangible personal property for
wholesale or retail sale; (2) "assembling process" shall mean
the production of any article of tangible personal property,
whether such article is a finished product or an article for
use in the process of manufacturing or assembling a different
article of tangible personal property, by the combination of
existing materials in a manner commonly regarded as assembling
which results in a material of a different form, use or name;
(3) "machinery" shall mean major mechanical machines or major
components of such machines contributing to a manufacturing or
assembling process; and (4) "equipment" shall include any
independent device or tool separate from any machinery but
essential to an integrated manufacturing or assembly process;
including computers used primarily in a manufacturer's
computer assisted design, computer assisted manufacturing
(CAD/CAM) system; or any subunit or assembly comprising a
component of any machinery or auxiliary, adjunct or attachment
parts of machinery, such as tools, dies, jigs, fixtures,
patterns and molds; or any parts which require periodic
replacement in the course of normal operation; but shall not
include hand tools. Equipment includes chemicals or chemicals
acting as catalysts but only if the chemicals or chemicals
acting as catalysts effect a direct and immediate change upon a
product being manufactured or assembled for wholesale or retail
sale or lease. The purchaser of such machinery and equipment

who has an active resale registration number shall furnish such
number to the seller at the time of purchase. The purchaser of
such machinery and equipment and tools without an active resale
registration number shall furnish to the seller a certificate
of exemption for each transaction stating facts establishing
the exemption for that transaction, which certificate shall be
available to the Department for inspection or audit.
Except as provided in Section 2d of this Act, the rolling
stock exemption applies to rolling stock used by an interstate
carrier for hire, even just between points in Illinois, if such
rolling stock transports, for hire, persons whose journeys or
property whose shipments originate or terminate outside
Illinois.
Any informal rulings, opinions or letters issued by the
Department in response to an inquiry or request for any opinion
from any person regarding the coverage and applicability of
exemption (e) to specific devices shall be published,
maintained as a public record, and made available for public
inspection and copying. If the informal ruling, opinion or
letter contains trade secrets or other confidential
information, where possible the Department shall delete such
information prior to publication. Whenever such informal
rulings, opinions, or letters contain any policy of general
applicability, the Department shall formulate and adopt such
policy as a rule in accordance with the provisions of the
Illinois Administrative Procedure Act.

On and after July 1, 1987, no entity otherwise eligible
under exemption (c) of this Section shall make tax-free tax
free purchases unless it has an active exemption identification
number issued by the Department.
"Serviceman" means any person who is engaged in the
occupation of making sales of service.
"Sale at Retail" means "sale at retail" as defined in the
Retailers' Occupation Tax Act.
"Supplier" means any person who makes sales of tangible
personal property to servicemen for the purpose of resale as an
incident to a sale of service.
(Source: P.A. 100-22, eff. 7-6-17; 100-321, eff. 8-24-17;
revised 9-27-17.)
(35 ILCS 115/9) (from Ch. 120, par. 439.109)
(Text of Section before amendment by P.A. 100-363)
Sec. 9. Each serviceman required or authorized to collect
the tax herein imposed shall pay to the Department the amount
of such tax at the time when he is required to file his return
for the period during which such tax was collectible, less a
discount of 2.1% prior to January 1, 1990, and 1.75% on and
after January 1, 1990, or $5 per calendar year, whichever is
greater, which is allowed to reimburse the serviceman for
expenses incurred in collecting the tax, keeping records,
preparing and filing returns, remitting the tax and supplying
data to the Department on request. The discount allowed under

this Section is allowed only for returns that are filed in the
manner required by this Act. The Department may disallow the
discount for servicemen whose certificate of registration is
revoked at the time the return is filed, but only if the
Department's decision to revoke the certificate of
registration has become final.
Where such tangible personal property is sold under a
conditional sales contract, or under any other form of sale
wherein the payment of the principal sum, or a part thereof, is
extended beyond the close of the period for which the return is
filed, the serviceman, in collecting the tax may collect, for
each tax return period, only the tax applicable to the part of
the selling price actually received during such tax return
period.
Except as provided hereinafter in this Section, on or
before the twentieth day of each calendar month, such
serviceman shall file a return for the preceding calendar month
in accordance with reasonable rules and regulations to be
promulgated by the Department of Revenue. Such return shall be
filed on a form prescribed by the Department and shall contain
such information as the Department may reasonably require. On
and after January 1, 2018, with respect to servicemen whose
annual gross receipts average $20,000 or more, all returns
required to be filed pursuant to this Act shall be filed
electronically. Servicemen who demonstrate that they do not
have access to the Internet or demonstrate hardship in filing

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

Prior to October 1, 2003, and on and after September 1,
2004 a serviceman may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Service Use
Tax as provided in Section 3-70 of the Service Use Tax Act if
the purchaser provides the appropriate documentation as
required by Section 3-70 of the Service Use Tax Act. A
Manufacturer's Purchase Credit certification, accepted prior
to October 1, 2003 or on or after September 1, 2004 by a
serviceman as provided in Section 3-70 of the Service Use Tax
Act, may be used by that serviceman to satisfy Service
Occupation Tax liability in the amount claimed in the
certification, not to exceed 6.25% of the receipts subject to
tax from a qualifying purchase. A Manufacturer's Purchase
Credit reported on any original or amended return filed under
this Act after October 20, 2003 for reporting periods prior to
September 1, 2004 shall be disallowed. Manufacturer's Purchase
Credit reported on annual returns due on or after January 1,
2005 will be disallowed for periods prior to September 1, 2004.
No Manufacturer's Purchase Credit may be used after September
30, 2003 through August 31, 2004 to satisfy any tax liability
imposed under this Act, including any audit liability.
If the serviceman's average monthly tax liability to the
Department does not exceed $200, the Department may authorize
his returns to be filed on a quarter annual basis, with the
return for January, February and March of a given year being
due by April 20 of such year; with the return for April, May

and June of a given year being due by July 20 of such year; with
the return for July, August and September of a given year being
due by October 20 of such year, and with the return for
October, November and December of a given year being due by
January 20 of the following year.
If the serviceman's average monthly tax liability to the
Department does not exceed $50, the Department may authorize
his returns to be filed on an annual basis, with the return for
a given year being due by January 20 of the following year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as monthly
returns.
Notwithstanding any other provision in this Act concerning
the time within which a serviceman may file his return, in the
case of any serviceman who ceases to engage in a kind of
business which makes him responsible for filing returns under
this Act, such serviceman shall file a final return under this
Act with the Department not more than 1 month after
discontinuing such business.
Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1995, a taxpayer who has

an average monthly tax liability of $50,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 2000, a taxpayer who has
an annual tax liability of $200,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. The term "annual tax liability" shall be the
sum of the taxpayer's liabilities under this Act, and under all
other State and local occupation and use tax laws administered
by the Department, for the immediately preceding calendar year.
The term "average monthly tax liability" means the sum of the
taxpayer's liabilities under this Act, and under all other
State and local occupation and use tax laws administered by the
Department, for the immediately preceding calendar year
divided by 12. Beginning on October 1, 2002, a taxpayer who has
a tax liability in the amount set forth in subsection (b) of
Section 2505-210 of the Department of Revenue Law shall make
all payments required by rules of the Department by electronic
funds transfer.
Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make payments
by electronic funds transfer. All taxpayers required to make
payments by electronic funds transfer shall make those payments
for a minimum of one year beginning on October 1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.

All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those payments
in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Where a serviceman collects the tax with respect to the
selling price of tangible personal property which he sells and
the purchaser thereafter returns such tangible personal
property and the serviceman refunds the selling price thereof
to the purchaser, such serviceman shall also refund, to the
purchaser, the tax so collected from the purchaser. When filing
his return for the period in which he refunds such tax to the
purchaser, the serviceman may deduct the amount of the tax so
refunded by him to the purchaser from any other Service
Occupation Tax, Service Use Tax, Retailers' Occupation Tax or
Use Tax which such serviceman may be required to pay or remit
to the Department, as shown by such return, provided that the
amount of the tax to be deducted shall previously have been
remitted to the Department by such serviceman. If the
serviceman shall not previously have remitted the amount of
such tax to the Department, he shall be entitled to no
deduction hereunder upon refunding such tax to the purchaser.
If experience indicates such action to be practicable, the
Department may prescribe and furnish a combination or joint

return which will enable servicemen, who are required to file
returns hereunder and also under the Retailers' Occupation Tax
Act, the Use Tax Act or the Service Use Tax Act, to furnish all
the return information required by all said Acts on the one
form.
Where the serviceman has more than one business registered
with the Department under separate registrations hereunder,
such serviceman shall file separate returns for each registered
business.
Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund the revenue realized for
the preceding month from the 1% tax on sales of food for human
consumption which is to be consumed off the premises where it
is sold (other than alcoholic beverages, soft drinks and food
which has been prepared for immediate consumption) and
prescription and nonprescription medicines, drugs, medical
appliances, products classified as Class III medical devices by
the United States Food and Drug Administration that are used
for cancer treatment pursuant to a prescription, as well as any
accessories and components related to those devices, and
insulin, urine testing materials, syringes and needles used by
diabetics.
Beginning January 1, 1990, each month the Department shall
pay into the County and Mass Transit District Fund 4% of the
revenue realized for the preceding month from the 6.25% general
rate.

Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol.
Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund 16% of the revenue
realized for the preceding month from the 6.25% general rate on
transfers of tangible personal property.
Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of motor fuel and gasohol.
Beginning October 1, 2009, each month the Department shall
pay into the Capital Projects Fund an amount that is equal to
an amount estimated by the Department to represent 80% of the
net revenue realized for the preceding month from the sale of
candy, grooming and hygiene products, and soft drinks that had
been taxed at a rate of 1% prior to September 1, 2009 but that
are now taxed at 6.25%.
Beginning July 1, 2013, each month the Department shall pay
into the Underground Storage Tank Fund from the proceeds
collected under this Act, the Use Tax Act, the Service Use Tax
Act, and the Retailers' Occupation Tax Act an amount equal to
the average monthly deficit in the Underground Storage Tank
Fund during the prior year, as certified annually by the
Illinois Environmental Protection Agency, but the total

payment into the Underground Storage Tank Fund under this Act,
the Use Tax Act, the Service Use Tax Act, and the Retailers'
Occupation Tax Act shall not exceed $18,000,000 in any State
fiscal year. As used in this paragraph, the "average monthly
deficit" shall be equal to the difference between the average
monthly claims for payment by the fund and the average monthly
revenues deposited into the fund, excluding payments made
pursuant to this paragraph.
Beginning July 1, 2015, of the remainder of the moneys
received by the Department under the Use Tax Act, the Service
Use Tax Act, this Act, and the Retailers' Occupation Tax Act,
each month the Department shall deposit $500,000 into the State
Crime Laboratory Fund.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required
to be paid into the Build Illinois Fund pursuant to Section 3
of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
Act, Section 9 of the Service Use Tax Act, and Section 9 of the
Service Occupation Tax Act, such Acts being hereinafter called
the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
may be, of moneys being hereinafter called the "Tax Act

Amount", and (2) the amount transferred to the Build Illinois
Fund from the State and Local Sales Tax Reform Fund shall be
less than the Annual Specified Amount (as defined in Section 3
of the Retailers' Occupation Tax Act), an amount equal to the
difference shall be immediately paid into the Build Illinois
Fund from other moneys received by the Department pursuant to
the Tax Acts; and further provided, that if on the last
business day of any month the sum of (1) the Tax Act Amount
required to be deposited into the Build Illinois Account in the
Build Illinois Fund during such month and (2) the amount
transferred during such month to the Build Illinois Fund from
the State and Local Sales Tax Reform Fund shall have been less
than 1/12 of the Annual Specified Amount, an amount equal to
the difference shall be immediately paid into the Build
Illinois Fund from other moneys received by the Department
pursuant to the Tax Acts; and, further provided, that in no
event shall the payments required under the preceding proviso
result in aggregate payments into the Build Illinois Fund
pursuant to this clause (b) for any fiscal year in excess of
the greater of (i) the Tax Act Amount or (ii) the Annual
Specified Amount for such fiscal year; and, further provided,
that the amounts payable into the Build Illinois Fund under
this clause (b) shall be payable only until such time as the
aggregate amount on deposit under each trust indenture securing
Bonds issued and outstanding pursuant to the Build Illinois
Bond Act is sufficient, taking into account any future

investment income, to fully provide, in accordance with such
indenture, for the defeasance of or the payment of the
principal of, premium, if any, and interest on the Bonds
secured by such indenture and on any Bonds expected to be
issued thereafter and all fees and costs payable with respect
thereto, all as certified by the Director of the Bureau of the
Budget (now Governor's Office of Management and Budget). If on
the last business day of any month in which Bonds are
outstanding pursuant to the Build Illinois Bond Act, the
aggregate of the moneys deposited in the Build Illinois Bond
Account in the Build Illinois Fund in such month shall be less
than the amount required to be transferred in such month from
the Build Illinois Bond Account to the Build Illinois Bond
Retirement and Interest Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received by the
Department pursuant to the Tax Acts to the Build Illinois Fund;
provided, however, that any amounts paid to the Build Illinois
Fund in any fiscal year pursuant to this sentence shall be
deemed to constitute payments pursuant to clause (b) of the
preceding sentence and shall reduce the amount otherwise
payable for such fiscal year pursuant to clause (b) of the
preceding sentence. The moneys received by the Department
pursuant to this Act and required to be deposited into the
Build Illinois Fund are subject to the pledge, claim and charge
set forth in Section 12 of the Build Illinois Bond Act.

Subject to payment of amounts into the Build Illinois Fund
as provided in the preceding paragraph or in any amendment
thereto hereafter enacted, the following specified monthly
installment of the amount requested in the certificate of the
Chairman of the Metropolitan Pier and Exposition Authority
provided under Section 8.25f of the State Finance Act, but not
in excess of the sums designated as "Total Deposit", shall be
deposited in the aggregate from collections under Section 9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, Section
9 of the Service Occupation Tax Act, and Section 3 of the
Retailers' Occupation Tax Act into the McCormick Place
Expansion Project Fund in the specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000

2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000
2021 246,000,000
2022 260,000,000
2023 275,000,000
2024 275,000,000
2025 275,000,000
2026 279,000,000
2027 292,000,000
2028 307,000,000
2029 322,000,000
2030 338,000,000

2031 350,000,000
2032 350,000,000
and
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.
Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year, but
not in excess of the amount specified above as "Total Deposit",
has been deposited.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter

enacted, beginning July 1, 1993 and ending on September 30,
2013, the Department shall each month pay into the Illinois Tax
Increment Fund 0.27% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate on the selling
price of tangible personal property.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a 25-year
period, the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined coal
that was sold to an eligible business. For purposes of this
paragraph, the term "eligible business" means a new electric
generating facility certified pursuant to Section 605-332 of
the Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
Subject to payment of amounts into the Build Illinois Fund,
the McCormick Place Expansion Project Fund, the Illinois Tax
Increment Fund, and the Energy Infrastructure Fund pursuant to
the preceding paragraphs or in any amendments to this Section
hereafter enacted, beginning on the first day of the first
calendar month to occur on or after August 26, 2014 (the
effective date of Public Act 98-1098) this amendatory Act of
the 98th General Assembly, each month, from the collections

made under Section 9 of the Use Tax Act, Section 9 of the
Service Use Tax Act, Section 9 of the Service Occupation Tax
Act, and Section 3 of the Retailers' Occupation Tax Act, the
Department shall pay into the Tax Compliance and Administration
Fund, to be used, subject to appropriation, to fund additional
auditors and compliance personnel at the Department of Revenue,
an amount equal to 1/12 of 5% of 80% of the cash receipts
collected during the preceding fiscal year by the Audit Bureau
of the Department under the Use Tax Act, the Service Use Tax
Act, the Service Occupation Tax Act, the Retailers' Occupation
Tax Act, and associated local occupation and use taxes
administered by the Department.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% shall be paid into the General
Revenue Fund of the State Treasury and 25% shall be reserved in
a special account and used only for the transfer to the Common
School Fund as part of the monthly transfer from the General
Revenue Fund in accordance with Section 8a of the State Finance
Act.
The Department may, upon separate written notice to a
taxpayer, require the taxpayer to prepare and file with the
Department on a form prescribed by the Department within not
less than 60 days after receipt of the notice an annual
information return for the tax year specified in the notice.
Such annual return to the Department shall include a statement
of gross receipts as shown by the taxpayer's last Federal

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

(ii) On and after January 1, 1994, the taxpayer shall
be liable for a penalty as described in Section 3-4 of the
Uniform Penalty and Interest Act.
The chief executive officer, proprietor, owner or highest
ranking manager shall sign the annual return to certify the
accuracy of the information contained therein. Any person who
willfully signs the annual return containing false or
inaccurate information shall be guilty of perjury and punished
accordingly. The annual return form prescribed by the
Department shall include a warning that the person signing the
return may be liable for perjury.
The foregoing portion of this Section concerning the filing
of an annual information return shall not apply to a serviceman
who is not required to file an income tax return with the
United States Government.
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Motor Fuel Tax Fund an amount
equal to 1.7% of 80% of the net revenue realized under this Act
for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.

For greater simplicity of administration, it shall be
permissible for manufacturers, importers and wholesalers whose
products are sold by numerous servicemen in Illinois, and who
wish to do so, to assume the responsibility for accounting and
paying to the Department all tax accruing under this Act with
respect to such sales, if the servicemen who are affected do
not make written objection to the Department to this
arrangement.
(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16;
100-303, eff. 8-24-17; revised 10-31-17)
(Text of Section after amendment by P.A. 100-363)
Sec. 9. Each serviceman required or authorized to collect
the tax herein imposed shall pay to the Department the amount
of such tax at the time when he is required to file his return
for the period during which such tax was collectible, less a
discount of 2.1% prior to January 1, 1990, and 1.75% on and
after January 1, 1990, or $5 per calendar year, whichever is
greater, which is allowed to reimburse the serviceman for
expenses incurred in collecting the tax, keeping records,
preparing and filing returns, remitting the tax and supplying
data to the Department on request. The discount allowed under
this Section is allowed only for returns that are filed in the
manner required by this Act. The Department may disallow the
discount for servicemen whose certificate of registration is
revoked at the time the return is filed, but only if the

Department's decision to revoke the certificate of
registration has become final.
Where such tangible personal property is sold under a
conditional sales contract, or under any other form of sale
wherein the payment of the principal sum, or a part thereof, is
extended beyond the close of the period for which the return is
filed, the serviceman, in collecting the tax may collect, for
each tax return period, only the tax applicable to the part of
the selling price actually received during such tax return
period.
Except as provided hereinafter in this Section, on or
before the twentieth day of each calendar month, such
serviceman shall file a return for the preceding calendar month
in accordance with reasonable rules and regulations to be
promulgated by the Department of Revenue. Such return shall be
filed on a form prescribed by the Department and shall contain
such information as the Department may reasonably require. On
and after January 1, 2018, with respect to servicemen whose
annual gross receipts average $20,000 or more, all returns
required to be filed pursuant to this Act shall be filed
electronically. Servicemen who demonstrate that they do not
have access to the Internet or demonstrate hardship in filing
electronically may petition the Department to waive the
electronic filing requirement.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar

quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter. The
taxpayer shall also file a return with the Department for each
of the first two months of each calendar quarter, on or before
the twentieth day of the following calendar month, stating:
1. The name of the seller;
2. The address of the principal place of business from
which he engages in business as a serviceman in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month, including receipts
from charge and time sales, but less all deductions allowed
by law;
4. The amount of credit provided in Section 2d of this
Act;
5. The amount of tax due;
5-5. The signature of the taxpayer; and
6. Such other reasonable information as the Department
may require.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.
Prior to October 1, 2003, and on and after September 1,
2004 a serviceman may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Service Use
Tax as provided in Section 3-70 of the Service Use Tax Act if

the purchaser provides the appropriate documentation as
required by Section 3-70 of the Service Use Tax Act. A
Manufacturer's Purchase Credit certification, accepted prior
to October 1, 2003 or on or after September 1, 2004 by a
serviceman as provided in Section 3-70 of the Service Use Tax
Act, may be used by that serviceman to satisfy Service
Occupation Tax liability in the amount claimed in the
certification, not to exceed 6.25% of the receipts subject to
tax from a qualifying purchase. A Manufacturer's Purchase
Credit reported on any original or amended return filed under
this Act after October 20, 2003 for reporting periods prior to
September 1, 2004 shall be disallowed. Manufacturer's Purchase
Credit reported on annual returns due on or after January 1,
2005 will be disallowed for periods prior to September 1, 2004.
No Manufacturer's Purchase Credit may be used after September
30, 2003 through August 31, 2004 to satisfy any tax liability
imposed under this Act, including any audit liability.
If the serviceman's average monthly tax liability to the
Department does not exceed $200, the Department may authorize
his returns to be filed on a quarter annual basis, with the
return for January, February and March of a given year being
due by April 20 of such year; with the return for April, May
and June of a given year being due by July 20 of such year; with
the return for July, August and September of a given year being
due by October 20 of such year, and with the return for
October, November and December of a given year being due by

January 20 of the following year.
If the serviceman's average monthly tax liability to the
Department does not exceed $50, the Department may authorize
his returns to be filed on an annual basis, with the return for
a given year being due by January 20 of the following year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as monthly
returns.
Notwithstanding any other provision in this Act concerning
the time within which a serviceman may file his return, in the
case of any serviceman who ceases to engage in a kind of
business which makes him responsible for filing returns under
this Act, such serviceman shall file a final return under this
Act with the Department not more than 1 month after
discontinuing such business.
Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1995, a taxpayer who has
an average monthly tax liability of $50,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 2000, a taxpayer who has
an annual tax liability of $200,000 or more shall make all

payments required by rules of the Department by electronic
funds transfer. The term "annual tax liability" shall be the
sum of the taxpayer's liabilities under this Act, and under all
other State and local occupation and use tax laws administered
by the Department, for the immediately preceding calendar year.
The term "average monthly tax liability" means the sum of the
taxpayer's liabilities under this Act, and under all other
State and local occupation and use tax laws administered by the
Department, for the immediately preceding calendar year
divided by 12. Beginning on October 1, 2002, a taxpayer who has
a tax liability in the amount set forth in subsection (b) of
Section 2505-210 of the Department of Revenue Law shall make
all payments required by rules of the Department by electronic
funds transfer.
Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make payments
by electronic funds transfer. All taxpayers required to make
payments by electronic funds transfer shall make those payments
for a minimum of one year beginning on October 1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those payments
in the manner authorized by the Department.

The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Where a serviceman collects the tax with respect to the
selling price of tangible personal property which he sells and
the purchaser thereafter returns such tangible personal
property and the serviceman refunds the selling price thereof
to the purchaser, such serviceman shall also refund, to the
purchaser, the tax so collected from the purchaser. When filing
his return for the period in which he refunds such tax to the
purchaser, the serviceman may deduct the amount of the tax so
refunded by him to the purchaser from any other Service
Occupation Tax, Service Use Tax, Retailers' Occupation Tax or
Use Tax which such serviceman may be required to pay or remit
to the Department, as shown by such return, provided that the
amount of the tax to be deducted shall previously have been
remitted to the Department by such serviceman. If the
serviceman shall not previously have remitted the amount of
such tax to the Department, he shall be entitled to no
deduction hereunder upon refunding such tax to the purchaser.
If experience indicates such action to be practicable, the
Department may prescribe and furnish a combination or joint
return which will enable servicemen, who are required to file
returns hereunder and also under the Retailers' Occupation Tax
Act, the Use Tax Act or the Service Use Tax Act, to furnish all
the return information required by all said Acts on the one

form.
Where the serviceman has more than one business registered
with the Department under separate registrations hereunder,
such serviceman shall file separate returns for each registered
business.
Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund the revenue realized for
the preceding month from the 1% tax on sales of food for human
consumption which is to be consumed off the premises where it
is sold (other than alcoholic beverages, soft drinks and food
which has been prepared for immediate consumption) and
prescription and nonprescription medicines, drugs, medical
appliances, products classified as Class III medical devices by
the United States Food and Drug Administration that are used
for cancer treatment pursuant to a prescription, as well as any
accessories and components related to those devices, and
insulin, urine testing materials, syringes and needles used by
diabetics.
Beginning January 1, 1990, each month the Department shall
pay into the County and Mass Transit District Fund 4% of the
revenue realized for the preceding month from the 6.25% general
rate.
Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol.

Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund 16% of the revenue
realized for the preceding month from the 6.25% general rate on
transfers of tangible personal property.
Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of motor fuel and gasohol.
Beginning October 1, 2009, each month the Department shall
pay into the Capital Projects Fund an amount that is equal to
an amount estimated by the Department to represent 80% of the
net revenue realized for the preceding month from the sale of
candy, grooming and hygiene products, and soft drinks that had
been taxed at a rate of 1% prior to September 1, 2009 but that
are now taxed at 6.25%.
Beginning July 1, 2013, each month the Department shall pay
into the Underground Storage Tank Fund from the proceeds
collected under this Act, the Use Tax Act, the Service Use Tax
Act, and the Retailers' Occupation Tax Act an amount equal to
the average monthly deficit in the Underground Storage Tank
Fund during the prior year, as certified annually by the
Illinois Environmental Protection Agency, but the total
payment into the Underground Storage Tank Fund under this Act,
the Use Tax Act, the Service Use Tax Act, and the Retailers'
Occupation Tax Act shall not exceed $18,000,000 in any State
fiscal year. As used in this paragraph, the "average monthly

deficit" shall be equal to the difference between the average
monthly claims for payment by the fund and the average monthly
revenues deposited into the fund, excluding payments made
pursuant to this paragraph.
Beginning July 1, 2015, of the remainder of the moneys
received by the Department under the Use Tax Act, the Service
Use Tax Act, this Act, and the Retailers' Occupation Tax Act,
each month the Department shall deposit $500,000 into the State
Crime Laboratory Fund.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required
to be paid into the Build Illinois Fund pursuant to Section 3
of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
Act, Section 9 of the Service Use Tax Act, and Section 9 of the
Service Occupation Tax Act, such Acts being hereinafter called
the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
may be, of moneys being hereinafter called the "Tax Act
Amount", and (2) the amount transferred to the Build Illinois
Fund from the State and Local Sales Tax Reform Fund shall be
less than the Annual Specified Amount (as defined in Section 3
of the Retailers' Occupation Tax Act), an amount equal to the

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

issued thereafter and all fees and costs payable with respect
thereto, all as certified by the Director of the Bureau of the
Budget (now Governor's Office of Management and Budget). If on
the last business day of any month in which Bonds are
outstanding pursuant to the Build Illinois Bond Act, the
aggregate of the moneys deposited in the Build Illinois Bond
Account in the Build Illinois Fund in such month shall be less
than the amount required to be transferred in such month from
the Build Illinois Bond Account to the Build Illinois Bond
Retirement and Interest Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received by the
Department pursuant to the Tax Acts to the Build Illinois Fund;
provided, however, that any amounts paid to the Build Illinois
Fund in any fiscal year pursuant to this sentence shall be
deemed to constitute payments pursuant to clause (b) of the
preceding sentence and shall reduce the amount otherwise
payable for such fiscal year pursuant to clause (b) of the
preceding sentence. The moneys received by the Department
pursuant to this Act and required to be deposited into the
Build Illinois Fund are subject to the pledge, claim and charge
set forth in Section 12 of the Build Illinois Bond Act.
Subject to payment of amounts into the Build Illinois Fund
as provided in the preceding paragraph or in any amendment
thereto hereafter enacted, the following specified monthly
installment of the amount requested in the certificate of the

Chairman of the Metropolitan Pier and Exposition Authority
provided under Section 8.25f of the State Finance Act, but not
in excess of the sums designated as "Total Deposit", shall be
deposited in the aggregate from collections under Section 9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, Section
9 of the Service Occupation Tax Act, and Section 3 of the
Retailers' Occupation Tax Act into the McCormick Place
Expansion Project Fund in the specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000

2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000
2021 246,000,000
2022 260,000,000
2023 275,000,000
2024 275,000,000
2025 275,000,000
2026 279,000,000
2027 292,000,000
2028 307,000,000
2029 322,000,000
2030 338,000,000
2031 350,000,000
2032 350,000,000
and
each fiscal year

thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.
Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year, but
not in excess of the amount specified above as "Total Deposit",
has been deposited.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning July 1, 1993 and ending on September 30,
2013, the Department shall each month pay into the Illinois Tax
Increment Fund 0.27% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate on the selling

price of tangible personal property.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a 25-year
period, the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined coal
that was sold to an eligible business. For purposes of this
paragraph, the term "eligible business" means a new electric
generating facility certified pursuant to Section 605-332 of
the Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
Subject to payment of amounts into the Build Illinois Fund,
the McCormick Place Expansion Project Fund, the Illinois Tax
Increment Fund, and the Energy Infrastructure Fund pursuant to
the preceding paragraphs or in any amendments to this Section
hereafter enacted, beginning on the first day of the first
calendar month to occur on or after August 26, 2014 (the
effective date of Public Act 98-1098) this amendatory Act of
the 98th General Assembly, each month, from the collections
made under Section 9 of the Use Tax Act, Section 9 of the
Service Use Tax Act, Section 9 of the Service Occupation Tax
Act, and Section 3 of the Retailers' Occupation Tax Act, the
Department shall pay into the Tax Compliance and Administration

Fund, to be used, subject to appropriation, to fund additional
auditors and compliance personnel at the Department of Revenue,
an amount equal to 1/12 of 5% of 80% of the cash receipts
collected during the preceding fiscal year by the Audit Bureau
of the Department under the Use Tax Act, the Service Use Tax
Act, the Service Occupation Tax Act, the Retailers' Occupation
Tax Act, and associated local occupation and use taxes
administered by the Department.
Subject to payments of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, the Illinois
Tax Increment Fund, the Energy Infrastructure Fund, and the Tax
Compliance and Administration Fund as provided in this Section,
beginning on July 1, 2018 the Department shall pay each month
into the Downstate Public Transportation Fund the moneys
required to be so paid under Section 2-3 of the Downstate
Public Transportation Act.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% shall be paid into the General
Revenue Fund of the State Treasury and 25% shall be reserved in
a special account and used only for the transfer to the Common
School Fund as part of the monthly transfer from the General
Revenue Fund in accordance with Section 8a of the State Finance
Act.
The Department may, upon separate written notice to a
taxpayer, require the taxpayer to prepare and file with the
Department on a form prescribed by the Department within not

less than 60 days after receipt of the notice an annual
information return for the tax year specified in the notice.
Such annual return to the Department shall include a statement
of gross receipts as shown by the taxpayer's last Federal
income tax return. If the total receipts of the business as
reported in the Federal income tax return do not agree with the
gross receipts reported to the Department of Revenue for the
same period, the taxpayer shall attach to his annual return a
schedule showing a reconciliation of the 2 amounts and the
reasons for the difference. The taxpayer's annual return to the
Department shall also disclose the cost of goods sold by the
taxpayer during the year covered by such return, opening and
closing inventories of such goods for such year, cost of goods
used from stock or taken from stock and given away by the
taxpayer during such year, pay roll information of the
taxpayer's business during such year and any additional
reasonable information which the Department deems would be
helpful in determining the accuracy of the monthly, quarterly
or annual returns filed by such taxpayer as hereinbefore
provided for in this Section.
If the annual information return required by this Section
is not filed when and as required, the taxpayer shall be liable
as follows:
(i) Until January 1, 1994, the taxpayer shall be liable
for a penalty equal to 1/6 of 1% of the tax due from such
taxpayer under this Act during the period to be covered by

the annual return for each month or fraction of a month
until such return is filed as required, the penalty to be
assessed and collected in the same manner as any other
penalty provided for in this Act.
(ii) On and after January 1, 1994, the taxpayer shall
be liable for a penalty as described in Section 3-4 of the
Uniform Penalty and Interest Act.
The chief executive officer, proprietor, owner or highest
ranking manager shall sign the annual return to certify the
accuracy of the information contained therein. Any person who
willfully signs the annual return containing false or
inaccurate information shall be guilty of perjury and punished
accordingly. The annual return form prescribed by the
Department shall include a warning that the person signing the
return may be liable for perjury.
The foregoing portion of this Section concerning the filing
of an annual information return shall not apply to a serviceman
who is not required to file an income tax return with the
United States Government.
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Motor Fuel Tax Fund an amount
equal to 1.7% of 80% of the net revenue realized under this Act
for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.

Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
For greater simplicity of administration, it shall be
permissible for manufacturers, importers and wholesalers whose
products are sold by numerous servicemen in Illinois, and who
wish to do so, to assume the responsibility for accounting and
paying to the Department all tax accruing under this Act with
respect to such sales, if the servicemen who are affected do
not make written objection to the Department to this
arrangement.
(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16;
100-303, eff. 8-24-17; 100-363, eff. 7-1-18; revised
10-31-17.)
Section 215. The Retailers' Occupation Tax Act is amended
by changing Sections 2-5, 2a, and 3 as follows:
(35 ILCS 120/2-5)
Sec. 2-5. Exemptions. Gross receipts from proceeds from the
sale of the following tangible personal property are exempt
from the tax imposed by this Act:
(1) Farm chemicals.
(2) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by

the purchaser to be used primarily for production
agriculture or State or federal agricultural programs,
including individual replacement parts for the machinery
and equipment, including machinery and equipment purchased
for lease, and including implements of husbandry defined in
Section 1-130 of the Illinois Vehicle Code, farm machinery
and agricultural chemical and fertilizer spreaders, and
nurse wagons required to be registered under Section 3-809
of the Illinois Vehicle Code, but excluding other motor
vehicles required to be registered under the Illinois
Vehicle Code. Horticultural polyhouses or hoop houses used
for propagating, growing, or overwintering plants shall be
considered farm machinery and equipment under this item
(2). Agricultural chemical tender tanks and dry boxes shall
include units sold separately from a motor vehicle required
to be licensed and units sold mounted on a motor vehicle
required to be licensed, if the selling price of the tender
is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but
not limited to, tractors, harvesters, sprayers, planters,
seeders, or spreaders. Precision farming equipment
includes, but is not limited to, soil testing sensors,
computers, monitors, software, global positioning and
mapping systems, and other such equipment.

Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in
the computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not
limited to, the collection, monitoring, and correlation of
animal and crop data for the purpose of formulating animal
diets and agricultural chemicals. This item (2) is exempt
from the provisions of Section 2-70.
(3) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed by
the retailer, certified by the user to be used only for the
production of ethyl alcohol that will be used for
consumption as motor fuel or as a component of motor fuel
for the personal use of the user, and not subject to sale
or resale.
(4) Until July 1, 2003 and beginning again September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both
new and used, and including that manufactured on special
order or purchased for lease, certified by the purchaser to
be used primarily for graphic arts production. Equipment
includes chemicals or chemicals acting as catalysts but
only if the chemicals or chemicals acting as catalysts
effect a direct and immediate change upon a graphic arts
product. Beginning on July 1, 2017, graphic arts machinery
and equipment is included in the manufacturing and

assembling machinery and equipment exemption under
paragraph (14).
(5) A motor vehicle that is used for automobile
renting, as defined in the Automobile Renting Occupation
and Use Tax Act. This paragraph is exempt from the
provisions of Section 2-70.
(6) Personal property sold by a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Until July 1, 2003, proceeds of that portion of the
selling price of a passenger car the sale of which is
subject to the Replacement Vehicle Tax.
(8) Personal property sold to an Illinois county fair
association for use in conducting, operating, or promoting
the county fair.
(9) Personal property sold to a not-for-profit arts or
cultural organization that establishes, by proof required
by the Department by rule, that it has received an
exemption under Section 501(c)(3) of the Internal Revenue
Code and that is organized and operated primarily for the
presentation or support of arts or cultural programming,
activities, or services. These organizations include, but
are not limited to, music and dramatic arts organizations
such as symphony orchestras and theatrical groups, arts and
cultural service organizations, local arts councils,
visual arts organizations, and media arts organizations.

On and after July 1, 2001 (the effective date of Public Act
92-35) this amendatory Act of the 92nd General Assembly,
however, an entity otherwise eligible for this exemption
shall not make tax-free purchases unless it has an active
identification number issued by the Department.
(10) Personal property sold by a corporation, society,
association, foundation, institution, or organization,
other than a limited liability company, that is organized
and operated as a not-for-profit service enterprise for the
benefit of persons 65 years of age or older if the personal
property was not purchased by the enterprise for the
purpose of resale by the enterprise.
(11) Personal property sold to a governmental body, to
a corporation, society, association, foundation, or
institution organized and operated exclusively for
charitable, religious, or educational purposes, or to a
not-for-profit corporation, society, association,
foundation, institution, or organization that has no
compensated officers or employees and that is organized and
operated primarily for the recreation of persons 55 years
of age or older. A limited liability company may qualify
for the exemption under this paragraph only if the limited
liability company is organized and operated exclusively
for educational purposes. On and after July 1, 1987,
however, no entity otherwise eligible for this exemption
shall make tax-free purchases unless it has an active

identification number issued by the Department.
(12) (Blank).
(12-5) On and after July 1, 2003 and through June 30,
2004, motor vehicles of the second division with a gross
vehicle weight in excess of 8,000 pounds that are subject
to the commercial distribution fee imposed under Section
3-815.1 of the Illinois Vehicle Code. Beginning on July 1,
2004 and through June 30, 2005, the use in this State of
motor vehicles of the second division: (i) with a gross
vehicle weight rating in excess of 8,000 pounds; (ii) that
are subject to the commercial distribution fee imposed
under Section 3-815.1 of the Illinois Vehicle Code; and
(iii) that are primarily used for commercial purposes.
Through June 30, 2005, this exemption applies to repair and
replacement parts added after the initial purchase of such
a motor vehicle if that motor vehicle is used in a manner
that would qualify for the rolling stock exemption
otherwise provided for in this Act. For purposes of this
paragraph, "used for commercial purposes" means the
transportation of persons or property in furtherance of any
commercial or industrial enterprise whether for-hire or
not.
(13) Proceeds from sales to owners, lessors, or
shippers of tangible personal property that is utilized by
interstate carriers for hire for use as rolling stock
moving in interstate commerce and equipment operated by a

telecommunications provider, licensed as a common carrier
by the Federal Communications Commission, which is
permanently installed in or affixed to aircraft moving in
interstate commerce.
(14) Machinery and equipment that will be used by the
purchaser, or a lessee of the purchaser, primarily in the
process of manufacturing or assembling tangible personal
property for wholesale or retail sale or lease, whether the
sale or lease is made directly by the manufacturer or by
some other person, whether the materials used in the
process are owned by the manufacturer or some other person,
or whether the sale or lease is made apart from or as an
incident to the seller's engaging in the service occupation
of producing machines, tools, dies, jigs, patterns,
gauges, or other similar items of no commercial value on
special order for a particular purchaser. The exemption
provided by this paragraph (14) does not include machinery
and equipment used in (i) the generation of electricity for
wholesale or retail sale; (ii) the generation or treatment
of natural or artificial gas for wholesale or retail sale
that is delivered to customers through pipes, pipelines, or
mains; or (iii) the treatment of water for wholesale or
retail sale that is delivered to customers through pipes,
pipelines, or mains. The provisions of Public Act 98-583
are declaratory of existing law as to the meaning and scope
of this exemption. Beginning on July 1, 2017, the exemption

provided by this paragraph (14) includes, but is not
limited to, graphic arts machinery and equipment, as
defined in paragraph (4) of this Section.
(15) Proceeds of mandatory service charges separately
stated on customers' bills for purchase and consumption of
food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate
directly in preparing, serving, hosting or cleaning up the
food or beverage function with respect to which the service
charge is imposed.
(16) Petroleum products sold to a purchaser if the
seller is prohibited by federal law from charging tax to
the purchaser.
(17) Tangible personal property sold to a common
carrier by rail or motor that receives the physical
possession of the property in Illinois and that transports
the property, or shares with another common carrier in the
transportation of the property, out of Illinois on a
standard uniform bill of lading showing the seller of the
property as the shipper or consignor of the property to a
destination outside Illinois, for use outside Illinois.
(18) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the
government of any foreign country, and bullion.

(19) Until July 1, 2003, oil field exploration,
drilling, and production equipment, including (i) rigs and
parts of rigs, rotary rigs, cable tool rigs, and workover
rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv)
storage tanks and flow lines, (v) any individual
replacement part for oil field exploration, drilling, and
production equipment, and (vi) machinery and equipment
purchased for lease; but excluding motor vehicles required
to be registered under the Illinois Vehicle Code.
(20) Photoprocessing machinery and equipment,
including repair and replacement parts, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for photoprocessing, and
including photoprocessing machinery and equipment
purchased for lease.
(21) Coal and aggregate exploration, mining,
off-highway hauling, processing, maintenance, and
reclamation equipment, including replacement parts and
equipment, and including equipment purchased for lease,
but excluding motor vehicles required to be registered
under the Illinois Vehicle Code. The changes made to this
Section by Public Act 97-767 apply on and after July 1,
2003, but no claim for credit or refund is allowed on or
after August 16, 2013 (the effective date of Public Act
98-456) for such taxes paid during the period beginning

July 1, 2003 and ending on August 16, 2013 (the effective
date of Public Act 98-456).
(22) Until June 30, 2013, fuel and petroleum products
sold to or used by an air carrier, certified by the carrier
to be used for consumption, shipment, or storage in the
conduct of its business as an air common carrier, for a
flight destined for or returning from a location or
locations outside the United States without regard to
previous or subsequent domestic stopovers.
Beginning July 1, 2013, fuel and petroleum products
sold to or used by an air carrier, certified by the carrier
to be used for consumption, shipment, or storage in the
conduct of its business as an air common carrier, for a
flight that (i) is engaged in foreign trade or is engaged
in trade between the United States and any of its
possessions and (ii) transports at least one individual or
package for hire from the city of origination to the city
of final destination on the same aircraft, without regard
to a change in the flight number of that aircraft.
(23) A transaction in which the purchase order is
received by a florist who is located outside Illinois, but
who has a florist located in Illinois deliver the property
to the purchaser or the purchaser's donee in Illinois.
(24) Fuel consumed or used in the operation of ships,
barges, or vessels that are used primarily in or for the
transportation of property or the conveyance of persons for

hire on rivers bordering on this State if the fuel is
delivered by the seller to the purchaser's barge, ship, or
vessel while it is afloat upon that bordering river.
(25) Except as provided in item (25-5) of this Section,
a motor vehicle sold in this State to a nonresident even
though the motor vehicle is delivered to the nonresident in
this State, if the motor vehicle is not to be titled in
this State, and if a drive-away permit is issued to the
motor vehicle as provided in Section 3-603 of the Illinois
Vehicle Code or if the nonresident purchaser has vehicle
registration plates to transfer to the motor vehicle upon
returning to his or her home state. The issuance of the
drive-away permit or having the out-of-state registration
plates to be transferred is prima facie evidence that the
motor vehicle will not be titled in this State.
(25-5) The exemption under item (25) does not apply if
the state in which the motor vehicle will be titled does
not allow a reciprocal exemption for a motor vehicle sold
and delivered in that state to an Illinois resident but
titled in Illinois. The tax collected under this Act on the
sale of a motor vehicle in this State to a resident of
another state that does not allow a reciprocal exemption
shall be imposed at a rate equal to the state's rate of tax
on taxable property in the state in which the purchaser is
a resident, except that the tax shall not exceed the tax
that would otherwise be imposed under this Act. At the time

of the sale, the purchaser shall execute a statement,
signed under penalty of perjury, of his or her intent to
title the vehicle in the state in which the purchaser is a
resident within 30 days after the sale and of the fact of
the payment to the State of Illinois of tax in an amount
equivalent to the state's rate of tax on taxable property
in his or her state of residence and shall submit the
statement to the appropriate tax collection agency in his
or her state of residence. In addition, the retailer must
retain a signed copy of the statement in his or her
records. Nothing in this item shall be construed to require
the removal of the vehicle from this state following the
filing of an intent to title the vehicle in the purchaser's
state of residence if the purchaser titles the vehicle in
his or her state of residence within 30 days after the date
of sale. The tax collected under this Act in accordance
with this item (25-5) shall be proportionately distributed
as if the tax were collected at the 6.25% general rate
imposed under this Act.
(25-7) Beginning on July 1, 2007, no tax is imposed
under this Act on the sale of an aircraft, as defined in
Section 3 of the Illinois Aeronautics Act, if all of the
following conditions are met:
(1) the aircraft leaves this State within 15 days
after the later of either the issuance of the final
billing for the sale of the aircraft, or the authorized

approval for return to service, completion of the
maintenance record entry, and completion of the test
flight and ground test for inspection, as required by
14 C.F.R. 91.407;
(2) the aircraft is not based or registered in this
State after the sale of the aircraft; and
(3) the seller retains in his or her books and
records and provides to the Department a signed and
dated certification from the purchaser, on a form
prescribed by the Department, certifying that the
requirements of this item (25-7) are met. The
certificate must also include the name and address of
the purchaser, the address of the location where the
aircraft is to be titled or registered, the address of
the primary physical location of the aircraft, and
other information that the Department may reasonably
require.
For purposes of this item (25-7):
"Based in this State" means hangared, stored, or
otherwise used, excluding post-sale customizations as
defined in this Section, for 10 or more days in each
12-month period immediately following the date of the sale
of the aircraft.
"Registered in this State" means an aircraft
registered with the Department of Transportation,
Aeronautics Division, or titled or registered with the

Federal Aviation Administration to an address located in
this State.
This paragraph (25-7) is exempt from the provisions of
Section 2-70.
(26) Semen used for artificial insemination of
livestock for direct agricultural production.
(27) Horses, or interests in horses, registered with
and meeting the requirements of any of the Arabian Horse
Club Registry of America, Appaloosa Horse Club, American
Quarter Horse Association, United States Trotting
Association, or Jockey Club, as appropriate, used for
purposes of breeding or racing for prizes. This item (27)
is exempt from the provisions of Section 2-70, and the
exemption provided for under this item (27) applies for all
periods beginning May 30, 1995, but no claim for credit or
refund is allowed on or after January 1, 2008 (the
effective date of Public Act 95-88) for such taxes paid
during the period beginning May 30, 2000 and ending on
January 1, 2008 (the effective date of Public Act 95-88).
(28) Computers and communications equipment utilized
for any hospital purpose and equipment used in the
diagnosis, analysis, or treatment of hospital patients
sold to a lessor who leases the equipment, under a lease of
one year or longer executed or in effect at the time of the
purchase, to a hospital that has been issued an active tax
exemption identification number by the Department under

Section 1g of this Act.
(29) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or
in effect at the time of the purchase, to a governmental
body that has been issued an active tax exemption
identification number by the Department under Section 1g of
this Act.
(30) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on
or before December 31, 2004, personal property that is
donated for disaster relief to be used in a State or
federally declared disaster area in Illinois or bordering
Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association,
foundation, or institution that has been issued a sales tax
exemption identification number by the Department that
assists victims of the disaster who reside within the
declared disaster area.
(31) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on
or before December 31, 2004, personal property that is used
in the performance of infrastructure repairs in this State,
including but not limited to municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and

retention facilities, and sewage treatment facilities,
resulting from a State or federally declared disaster in
Illinois or bordering Illinois when such repairs are
initiated on facilities located in the declared disaster
area within 6 months after the disaster.
(32) Beginning July 1, 1999, game or game birds sold at
a "game breeding and hunting preserve area" as that term is
used in the Wildlife Code. This paragraph is exempt from
the provisions of Section 2-70.
(33) A motor vehicle, as that term is defined in
Section 1-146 of the Illinois Vehicle Code, that is donated
to a corporation, limited liability company, society,
association, foundation, or institution that is determined
by the Department to be organized and operated exclusively
for educational purposes. For purposes of this exemption,
"a corporation, limited liability company, society,
association, foundation, or institution organized and
operated exclusively for educational purposes" means all
tax-supported public schools, private schools that offer
systematic instruction in useful branches of learning by
methods common to public schools and that compare favorably
in their scope and intensity with the course of study
presented in tax-supported schools, and vocational or
technical schools or institutes organized and operated
exclusively to provide a course of study of not less than 6
weeks duration and designed to prepare individuals to

follow a trade or to pursue a manual, technical,
mechanical, industrial, business, or commercial
occupation.
(34) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for
the benefit of a public or private elementary or secondary
school, a group of those schools, or one or more school
districts if the events are sponsored by an entity
recognized by the school district that consists primarily
of volunteers and includes parents and teachers of the
school children. This paragraph does not apply to
fundraising events (i) for the benefit of private home
instruction or (ii) for which the fundraising entity
purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that
profits from the sale to the fundraising entity. This
paragraph is exempt from the provisions of Section 2-70.
(35) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare
and serve hot food and beverages, including coffee, soup,
and other items, and replacement parts for these machines.
Beginning January 1, 2002 and through June 30, 2003,
machines and parts for machines used in commercial,
coin-operated amusement and vending business if a use or
occupation tax is paid on the gross receipts derived from

the use of the commercial, coin-operated amusement and
vending machines. This paragraph is exempt from the
provisions of Section 2-70.
(35-5) Beginning August 23, 2001 and through June 30,
2016, food for human consumption that is to be consumed off
the premises where it is sold (other than alcoholic
beverages, soft drinks, and food that has been prepared for
immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances, and
insulin, urine testing materials, syringes, and needles
used by diabetics, for human use, when purchased for use by
a person receiving medical assistance under Article V of
the Illinois Public Aid Code who resides in a licensed
long-term care facility, as defined in the Nursing Home
Care Act, or a licensed facility as defined in the ID/DD
Community Care Act, the MC/DD Act, or the Specialized
Mental Health Rehabilitation Act of 2013.
(36) Beginning August 2, 2001, computers and
communications equipment utilized for any hospital purpose
and equipment used in the diagnosis, analysis, or treatment
of hospital patients sold to a lessor who leases the
equipment, under a lease of one year or longer executed or
in effect at the time of the purchase, to a hospital that
has been issued an active tax exemption identification
number by the Department under Section 1g of this Act. This
paragraph is exempt from the provisions of Section 2-70.

(37) Beginning August 2, 2001, personal property sold
to a lessor who leases the property, under a lease of one
year or longer executed or in effect at the time of the
purchase, to a governmental body that has been issued an
active tax exemption identification number by the
Department under Section 1g of this Act. This paragraph is
exempt from the provisions of Section 2-70.
(38) Beginning on January 1, 2002 and through June 30,
2016, tangible personal property purchased from an
Illinois retailer by a taxpayer engaged in centralized
purchasing activities in Illinois who will, upon receipt of
the property in Illinois, temporarily store the property in
Illinois (i) for the purpose of subsequently transporting
it outside this State for use or consumption thereafter
solely outside this State or (ii) for the purpose of being
processed, fabricated, or manufactured into, attached to,
or incorporated into other tangible personal property to be
transported outside this State and thereafter used or
consumed solely outside this State. The Director of Revenue
shall, pursuant to rules adopted in accordance with the
Illinois Administrative Procedure Act, issue a permit to
any taxpayer in good standing with the Department who is
eligible for the exemption under this paragraph (38). The
permit issued under this paragraph (38) shall authorize the
holder, to the extent and in the manner specified in the
rules adopted under this Act, to purchase tangible personal

property from a retailer exempt from the taxes imposed by
this Act. Taxpayers shall maintain all necessary books and
records to substantiate the use and consumption of all such
tangible personal property outside of the State of
Illinois.
(39) Beginning January 1, 2008, tangible personal
property used in the construction or maintenance of a
community water supply, as defined under Section 3.145 of
the Environmental Protection Act, that is operated by a
not-for-profit corporation that holds a valid water supply
permit issued under Title IV of the Environmental
Protection Act. This paragraph is exempt from the
provisions of Section 2-70.
(40) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into
or upon an aircraft as part of the modification,
refurbishment, completion, replacement, repair, or
maintenance of the aircraft. This exemption includes
consumable supplies used in the modification,
refurbishment, completion, replacement, repair, and
maintenance of aircraft, but excludes any materials,
parts, equipment, components, and consumable supplies used
in the modification, replacement, repair, and maintenance
of aircraft engines or power plants, whether such engines
or power plants are installed or uninstalled upon any such
aircraft. "Consumable supplies" include, but are not

limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and
protective films. This exemption applies only to the sale
of qualifying tangible personal property to persons who
modify, refurbish, complete, replace, or maintain an
aircraft and who (i) hold an Air Agency Certificate and are
empowered to operate an approved repair station by the
Federal Aviation Administration, (ii) have a Class IV
Rating, and (iii) conduct operations in accordance with
Part 145 of the Federal Aviation Regulations. The exemption
does not include aircraft operated by a commercial air
carrier providing scheduled passenger air service pursuant
to authority issued under Part 121 or Part 129 of the
Federal Aviation Regulations. The changes made to this
paragraph (40) by Public Act 98-534 are declarative of
existing law.
(41) Tangible personal property sold to a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall,
but only if the legal title to the municipal convention
hall is transferred to the municipality without any further
consideration by or on behalf of the municipality at the
time of the completion of the municipal convention hall or
upon the retirement or redemption of any bonds or other
debt instruments issued by the public-facilities

corporation in connection with the development of the
municipal convention hall. This exemption includes
existing public-facilities corporations as provided in
Section 11-65-25 of the Illinois Municipal Code. This
paragraph is exempt from the provisions of Section 2-70.
(42) Beginning January 1, 2017, menstrual pads,
tampons, and menstrual cups.
(43) Merchandise that is subject to the Rental Purchase
Agreement Occupation and Use Tax. The purchaser must
certify that the item is purchased to be rented subject to
a rental purchase agreement, as defined in the Rental
Purchase Agreement Act, and provide proof of registration
under the Rental Purchase Agreement Occupation and Use Tax
Act. This paragraph is exempt from the provisions of
Section 2-70.
(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16;
100-22, eff. 7-6-17; 100-321, eff. 8-24-17; 100-437, eff.
1-1-18; revised 9-26-17.)
(35 ILCS 120/2a) (from Ch. 120, par. 441a)
Sec. 2a. It is unlawful for any person to engage in the
business of selling tangible personal property at retail in
this State without a certificate of registration from the
Department. Application for a certificate of registration
shall be made to the Department upon forms furnished by it.
Each such application shall be signed and verified and shall

state: (1) the name and social security number of the
applicant; (2) the address of his principal place of business;
(3) the address of the principal place of business from which
he engages in the business of selling tangible personal
property at retail in this State and the addresses of all other
places of business, if any (enumerating such addresses, if any,
in a separate list attached to and made a part of the
application), from which he engages in the business of selling
tangible personal property at retail in this State; (4) the
name and address of the person or persons who will be
responsible for filing returns and payment of taxes due under
this Act; (5) in the case of a publicly traded corporation, the
name and title of the Chief Financial Officer, Chief Operating
Officer, and any other officer or employee with responsibility
for preparing tax returns under this Act, and, in the case of
all other corporations, the name, title, and social security
number of each corporate officer; (6) in the case of a limited
liability company, the name, social security number, and FEIN
number of each manager and member; and (7) such other
information as the Department may reasonably require. The
application shall contain an acceptance of responsibility
signed by the person or persons who will be responsible for
filing returns and payment of the taxes due under this Act. If
the applicant will sell tangible personal property at retail
through vending machines, his application to register shall
indicate the number of vending machines to be so operated. If

requested by the Department at any time, that person shall
verify the total number of vending machines he or she uses in
his or her business of selling tangible personal property at
retail.
The Department may deny a certificate of registration to
any applicant if a person who is named as the owner, a partner,
a manager or member of a limited liability company, or a
corporate officer of the applicant on the application for the
certificate of registration is or has been named as the owner,
a partner, a manager or member of a limited liability company,
or a corporate officer on the application for the certificate
of registration of another retailer that is in default for
moneys due under this Act or any other tax or fee Act
administered by the Department. For purposes of this paragraph
only, in determining whether a person is in default for moneys
due, the Department shall include only amounts established as a
final liability within the 20 years prior to the date of the
Department's notice of denial of a certificate of registration.
The Department may require an applicant for a certificate
of registration hereunder to, at the time of filing such
application, furnish a bond from a surety company authorized to
do business in the State of Illinois, or an irrevocable bank
letter of credit or a bond signed by 2 personal sureties who
have filed, with the Department, sworn statements disclosing
net assets equal to at least 3 times the amount of the bond to
be required of such applicant, or a bond secured by an

assignment of a bank account or certificate of deposit, stocks
or bonds, conditioned upon the applicant paying to the State of
Illinois all moneys becoming due under this Act and under any
other State tax law or municipal or county tax ordinance or
resolution under which the certificate of registration that is
issued to the applicant under this Act will permit the
applicant to engage in business without registering separately
under such other law, ordinance or resolution. In making a
determination as to whether to require a bond or other
security, the Department shall take into consideration whether
the owner, any partner, any manager or member of a limited
liability company, or a corporate officer of the applicant is
or has been the owner, a partner, a manager or member of a
limited liability company, or a corporate officer of another
retailer that is in default for moneys due under this Act or
any other tax or fee Act administered by the Department; and
whether the owner, any partner, any manager or member of a
limited liability company, or a corporate officer of the
applicant is or has been the owner, a partner, a manager or
member of a limited liability company, or a corporate officer
of another retailer whose certificate of registration has been
revoked within the previous 5 years under this Act or any other
tax or fee Act administered by the Department. If a bond or
other security is required, the Department shall fix the amount
of the bond or other security, taking into consideration the
amount of money expected to become due from the applicant under

this Act and under any other State tax law or municipal or
county tax ordinance or resolution under which the certificate
of registration that is issued to the applicant under this Act
will permit the applicant to engage in business without
registering separately under such other law, ordinance, or
resolution. The amount of security required by the Department
shall be such as, in its opinion, will protect the State of
Illinois against failure to pay the amount which may become due
from the applicant under this Act and under any other State tax
law or municipal or county tax ordinance or resolution under
which the certificate of registration that is issued to the
applicant under this Act will permit the applicant to engage in
business without registering separately under such other law,
ordinance or resolution, but the amount of the security
required by the Department shall not exceed three times the
amount of the applicant's average monthly tax liability, or
$50,000.00, whichever amount is lower.
No certificate of registration under this Act shall be
issued by the Department until the applicant provides the
Department with satisfactory security, if required, as herein
provided for.
Upon receipt of the application for certificate of
registration in proper form, and upon approval by the
Department of the security furnished by the applicant, if
required, the Department shall issue to such applicant a
certificate of registration which shall permit the person to

whom it is issued to engage in the business of selling tangible
personal property at retail in this State. The certificate of
registration shall be conspicuously displayed at the place of
business which the person so registered states in his
application to be the principal place of business from which he
engages in the business of selling tangible personal property
at retail in this State.
No certificate of registration issued prior to July 1, 2017
to a taxpayer who files returns required by this Act on a
monthly basis or renewed prior to July 1, 2017 by a taxpayer
who files returns required by this Act on a monthly basis shall
be valid after the expiration of 5 years from the date of its
issuance or last renewal. No certificate of registration issued
on or after July 1, 2017 to a taxpayer who files returns
required by this Act on a monthly basis or renewed on or after
July 1, 2017 by a taxpayer who files returns required by this
Act on a monthly basis shall be valid after the expiration of
one year from the date of its issuance or last renewal. The
expiration date of a sub-certificate of registration shall be
that of the certificate of registration to which the
sub-certificate relates. Prior to July 1, 2017, a certificate
of registration shall automatically be renewed, subject to
revocation as provided by this Act, for an additional 5 years
from the date of its expiration unless otherwise notified by
the Department as provided by this paragraph. On and after July
1, 2017, a certificate of registration shall automatically be

renewed, subject to revocation as provided by this Act, for an
additional one year from the date of its expiration unless
otherwise notified by the Department as provided by this
paragraph.
Where a taxpayer to whom a certificate of registration is
issued under this Act is in default to the State of Illinois
for delinquent returns or for moneys due under this Act or any
other State tax law or municipal or county ordinance
administered or enforced by the Department, the Department
shall, not less than 60 days before the expiration date of such
certificate of registration, give notice to the taxpayer to
whom the certificate was issued of the account period of the
delinquent returns, the amount of tax, penalty and interest due
and owing from the taxpayer, and that the certificate of
registration shall not be automatically renewed upon its
expiration date unless the taxpayer, on or before the date of
expiration, has filed and paid the delinquent returns or paid
the defaulted amount in full. A taxpayer to whom such a notice
is issued shall be deemed an applicant for renewal. The
Department shall promulgate regulations establishing
procedures for taxpayers who file returns on a monthly basis
but desire and qualify to change to a quarterly or yearly
filing basis and will no longer be subject to renewal under
this Section, and for taxpayers who file returns on a yearly or
quarterly basis but who desire or are required to change to a
monthly filing basis and will be subject to renewal under this

Section.
The Department may in its discretion approve renewal by an
applicant who is in default if, at the time of application for
renewal, the applicant files all of the delinquent returns or
pays to the Department such percentage of the defaulted amount
as may be determined by the Department and agrees in writing to
waive all limitations upon the Department for collection of the
remaining defaulted amount to the Department over a period not
to exceed 5 years from the date of renewal of the certificate;
however, no renewal application submitted by an applicant who
is in default shall be approved if the immediately preceding
renewal by the applicant was conditioned upon the installment
payment agreement described in this Section. The payment
agreement herein provided for shall be in addition to and not
in lieu of the security that may be required by this Section of
a taxpayer who is no longer considered a prior continuous
compliance taxpayer. The execution of the payment agreement as
provided in this Act shall not toll the accrual of interest at
the statutory rate.
The Department may suspend a certificate of registration if
the Department finds that the person to whom the certificate of
registration has been issued knowingly sold contraband
cigarettes.
A certificate of registration issued under this Act more
than 5 years before January 1, 1990 (the effective date of
Public Act 86-383) this amendatory Act of 1989 shall expire and

be subject to the renewal provisions of this Section on the
next anniversary of the date of issuance of such certificate
which occurs more than 6 months after January 1, 1990 (the
effective date of Public Act 86-383) this amendatory Act of
1989. A certificate of registration issued less than 5 years
before January 1, 1990 (the effective date of Public Act
86-383) this amendatory Act of 1989 shall expire and be subject
to the renewal provisions of this Section on the 5th
anniversary of the issuance of the certificate.
If the person so registered states that he operates other
places of business from which he engages in the business of
selling tangible personal property at retail in this State, the
Department shall furnish him with a sub-certificate of
registration for each such place of business, and the applicant
shall display the appropriate sub-certificate of registration
at each such place of business. All sub-certificates of
registration shall bear the same registration number as that
appearing upon the certificate of registration to which such
sub-certificates relate.
If the applicant will sell tangible personal property at
retail through vending machines, the Department shall furnish
him with a sub-certificate of registration for each such
vending machine, and the applicant shall display the
appropriate sub-certificate of registration on each such
vending machine by attaching the sub-certificate of
registration to a conspicuous part of such vending machine. If

a person who is registered to sell tangible personal property
at retail through vending machines adds an additional vending
machine or additional vending machines to the number of vending
machines he or she uses in his or her business of selling
tangible personal property at retail, he or she shall notify
the Department, on a form prescribed by the Department, to
request an additional sub-certificate or additional
sub-certificates of registration, as applicable. With each
such request, the applicant shall report the number of
sub-certificates of registration he or she is requesting as
well as the total number of vending machines from which he or
she makes retail sales.
Where the same person engages in 2 or more businesses of
selling tangible personal property at retail in this State,
which businesses are substantially different in character or
engaged in under different trade names or engaged in under
other substantially dissimilar circumstances (so that it is
more practicable, from an accounting, auditing or bookkeeping
standpoint, for such businesses to be separately registered),
the Department may require or permit such person (subject to
the same requirements concerning the furnishing of security as
those that are provided for hereinbefore in this Section as to
each application for a certificate of registration) to apply
for and obtain a separate certificate of registration for each
such business or for any of such businesses, under a single
certificate of registration supplemented by related

sub-certificates of registration.
Any person who is registered under the "Retailers'
Occupation Tax Act" as of March 8, 1963, and who, during the
3-year period immediately prior to March 8, 1963, or during a
continuous 3-year period part of which passed immediately
before and the remainder of which passes immediately after
March 8, 1963, has been so registered continuously and who is
determined by the Department not to have been either delinquent
or deficient in the payment of tax liability during that period
under this Act or under any other State tax law or municipal or
county tax ordinance or resolution under which the certificate
of registration that is issued to the registrant under this Act
will permit the registrant to engage in business without
registering separately under such other law, ordinance or
resolution, shall be considered to be a Prior Continuous
Compliance taxpayer. Also any taxpayer who has, as verified by
the Department, faithfully and continuously complied with the
condition of his bond or other security under the provisions of
this Act for a period of 3 consecutive years shall be
considered to be a Prior Continuous Compliance taxpayer.
Every Prior Continuous Compliance taxpayer shall be exempt
from all requirements under this Act concerning the furnishing
of a bond or other security as a condition precedent to his
being authorized to engage in the business of selling tangible
personal property at retail in this State. This exemption shall
continue for each such taxpayer until such time as he may be

determined by the Department to be delinquent in the filing of
any returns, or is determined by the Department (either through
the Department's issuance of a final assessment which has
become final under the Act, or by the taxpayer's filing of a
return which admits tax that is not paid to be due) to be
delinquent or deficient in the paying of any tax under this Act
or under any other State tax law or municipal or county tax
ordinance or resolution under which the certificate of
registration that is issued to the registrant under this Act
will permit the registrant to engage in business without
registering separately under such other law, ordinance or
resolution, at which time that taxpayer shall become subject to
all the financial responsibility requirements of this Act and,
as a condition of being allowed to continue to engage in the
business of selling tangible personal property at retail, may
be required to post bond or other acceptable security with the
Department covering liability which such taxpayer may
thereafter incur. Any taxpayer who fails to pay an admitted or
established liability under this Act may also be required to
post bond or other acceptable security with this Department
guaranteeing the payment of such admitted or established
liability.
No certificate of registration shall be issued to any
person who is in default to the State of Illinois for moneys
due under this Act or under any other State tax law or
municipal or county tax ordinance or resolution under which the

certificate of registration that is issued to the applicant
under this Act will permit the applicant to engage in business
without registering separately under such other law, ordinance
or resolution.
Any person aggrieved by any decision of the Department
under this Section may, within 20 days after notice of such
decision, protest and request a hearing, whereupon the
Department shall give notice to such person of the time and
place fixed for such hearing and shall hold a hearing in
conformity with the provisions of this Act and then issue its
final administrative decision in the matter to such person. In
the absence of such a protest within 20 days, the Department's
decision shall become final without any further determination
being made or notice given.
With respect to security other than bonds (upon which the
Department may sue in the event of a forfeiture), if the
taxpayer fails to pay, when due, any amount whose payment such
security guarantees, the Department shall, after such
liability is admitted by the taxpayer or established by the
Department through the issuance of a final assessment that has
become final under the law, convert the security which that
taxpayer has furnished into money for the State, after first
giving the taxpayer at least 10 days' written notice, by
registered or certified mail, to pay the liability or forfeit
such security to the Department. If the security consists of
stocks or bonds or other securities which are listed on a

public exchange, the Department shall sell such securities
through such public exchange. If the security consists of an
irrevocable bank letter of credit, the Department shall convert
the security in the manner provided for in the Uniform
Commercial Code. If the security consists of a bank certificate
of deposit, the Department shall convert the security into
money by demanding and collecting the amount of such bank
certificate of deposit from the bank which issued such
certificate. If the security consists of a type of stocks or
other securities which are not listed on a public exchange, the
Department shall sell such security to the highest and best
bidder after giving at least 10 days' notice of the date, time
and place of the intended sale by publication in the "State
Official Newspaper". If the Department realizes more than the
amount of such liability from the security, plus the expenses
incurred by the Department in converting the security into
money, the Department shall pay such excess to the taxpayer who
furnished such security, and the balance shall be paid into the
State Treasury.
The Department shall discharge any surety and shall release
and return any security deposited, assigned, pledged or
otherwise provided to it by a taxpayer under this Section
within 30 days after:
(1) such taxpayer becomes a Prior Continuous
Compliance taxpayer; or
(2) such taxpayer has ceased to collect receipts on

which he is required to remit tax to the Department, has
filed a final tax return, and has paid to the Department an
amount sufficient to discharge his remaining tax
liability, as determined by the Department, under this Act
and under every other State tax law or municipal or county
tax ordinance or resolution under which the certificate of
registration issued under this Act permits the registrant
to engage in business without registering separately under
such other law, ordinance or resolution. The Department
shall make a final determination of the taxpayer's
outstanding tax liability as expeditiously as possible
after his final tax return has been filed; if the
Department cannot make such final determination within 45
days after receiving the final tax return, within such
period it shall so notify the taxpayer, stating its reasons
therefor.
(Source: P.A. 100-302, eff. 8-24-17; 100-303, eff. 8-24-17;
revised 9-25-17.)
(35 ILCS 120/3) (from Ch. 120, par. 442)
(Text of Section before amendment by P.A. 100-363)
Sec. 3. Except as provided in this Section, on or before
the twentieth day of each calendar month, every person engaged
in the business of selling tangible personal property at retail
in this State during the preceding calendar month shall file a
return with the Department, stating:

1. The name of the seller;
2. His residence address and the address of his
principal place of business and the address of the
principal place of business (if that is a different
address) from which he engages in the business of selling
tangible personal property at retail in this State;
3. Total amount of receipts received by him during the
preceding calendar month or quarter, as the case may be,
from sales of tangible personal property, and from services
furnished, by him during such preceding calendar month or
quarter;
4. Total amount received by him during the preceding
calendar month or quarter on charge and time sales of
tangible personal property, and from services furnished,
by him prior to the month or quarter for which the return
is filed;
5. Deductions allowed by law;
6. Gross receipts which were received by him during the
preceding calendar month or quarter and upon the basis of
which the tax is imposed;
7. The amount of credit provided in Section 2d of this
Act;
8. The amount of tax due;
9. The signature of the taxpayer; and
10. Such other reasonable information as the
Department may require.

On and after January 1, 2018, except for returns for motor
vehicles, watercraft, aircraft, and trailers that are required
to be registered with an agency of this State, with respect to
retailers whose annual gross receipts average $20,000 or more,
all returns required to be filed pursuant to this Act shall be
filed electronically. Retailers who demonstrate that they do
not have access to the Internet or demonstrate hardship in
filing electronically may petition the Department to waive the
electronic filing requirement.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.
Each return shall be accompanied by the statement of
prepaid tax issued pursuant to Section 2e for which credit is
claimed.
Prior to October 1, 2003, and on and after September 1,
2004 a retailer may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Use Tax as
provided in Section 3-85 of the Use Tax Act if the purchaser
provides the appropriate documentation as required by Section
3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
certification, accepted by a retailer prior to October 1, 2003
and on and after September 1, 2004 as provided in Section 3-85
of the Use Tax Act, may be used by that retailer to satisfy
Retailers' Occupation Tax liability in the amount claimed in

the certification, not to exceed 6.25% of the receipts subject
to tax from a qualifying purchase. A Manufacturer's Purchase
Credit reported on any original or amended return filed under
this Act after October 20, 2003 for reporting periods prior to
September 1, 2004 shall be disallowed. Manufacturer's
Purchaser Credit reported on annual returns due on or after
January 1, 2005 will be disallowed for periods prior to
September 1, 2004. No Manufacturer's Purchase Credit may be
used after September 30, 2003 through August 31, 2004 to
satisfy any tax liability imposed under this Act, including any
audit liability.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter. The
taxpayer shall also file a return with the Department for each
of the first two months of each calendar quarter, on or before
the twentieth day of the following calendar month, stating:
1. The name of the seller;
2. The address of the principal place of business from
which he engages in the business of selling tangible
personal property at retail in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month from sales of tangible
personal property by him during such preceding calendar
month, including receipts from charge and time sales, but

less all deductions allowed by law;
4. The amount of credit provided in Section 2d of this
Act;
5. The amount of tax due; and
6. Such other reasonable information as the Department
may require.
Beginning on October 1, 2003, any person who is not a
licensed distributor, importing distributor, or manufacturer,
as defined in the Liquor Control Act of 1934, but is engaged in
the business of selling, at retail, alcoholic liquor shall file
a statement with the Department of Revenue, in a format and at
a time prescribed by the Department, showing the total amount
paid for alcoholic liquor purchased during the preceding month
and such other information as is reasonably required by the
Department. The Department may adopt rules to require that this
statement be filed in an electronic or telephonic format. Such
rules may provide for exceptions from the filing requirements
of this paragraph. For the purposes of this paragraph, the term
"alcoholic liquor" shall have the meaning prescribed in the
Liquor Control Act of 1934.
Beginning on October 1, 2003, every distributor, importing
distributor, and manufacturer of alcoholic liquor as defined in
the Liquor Control Act of 1934, shall file a statement with the
Department of Revenue, no later than the 10th day of the month
for the preceding month during which transactions occurred, by
electronic means, showing the total amount of gross receipts

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

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

by electronic funds transfer. All taxpayers required to make
payments by electronic funds transfer shall make those payments
for a minimum of one year beginning on October 1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those payments
in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Any amount which is required to be shown or reported on any
return or other document under this Act shall, if such amount
is not a whole-dollar amount, be increased to the nearest
whole-dollar amount in any case where the fractional part of a
dollar is 50 cents or more, and decreased to the nearest
whole-dollar amount where the fractional part of a dollar is
less than 50 cents.
If the retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February and March of a given year
being due by April 20 of such year; with the return for April,

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

In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with
an agency of this State, every retailer selling this kind of
tangible personal property shall file, with the Department,
upon a form to be prescribed and supplied by the Department, a
separate return for each such item of tangible personal
property which the retailer sells, except that if, in the same
transaction, (i) a retailer of aircraft, watercraft, motor
vehicles or trailers transfers more than one aircraft,
watercraft, motor vehicle or trailer to another aircraft,
watercraft, motor vehicle retailer or trailer retailer for the
purpose of resale or (ii) a retailer of aircraft, watercraft,
motor vehicles, or trailers transfers more than one aircraft,
watercraft, motor vehicle, or trailer to a purchaser for use as
a qualifying rolling stock as provided in Section 2-5 of this
Act, then that seller may report the transfer of all aircraft,
watercraft, motor vehicles or trailers involved in that
transaction to the Department on the same uniform
invoice-transaction reporting return form. For purposes of
this Section, "watercraft" means a Class 2, Class 3, or Class 4
watercraft as defined in Section 3-2 of the Boat Registration
and Safety Act, a personal watercraft, or any boat equipped
with an inboard motor.
Any retailer who sells only motor vehicles, watercraft,
aircraft, or trailers that are required to be registered with
an agency of this State, so that all retailers' occupation tax

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

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

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

retailer is willing to take these actions and such user has not
paid the tax to the retailer, such user may certify to the fact
of such delay by the retailer and may (upon the Department
being satisfied of the truth of such certification) transmit
the information required by the transaction reporting return
and the remittance for tax or proof of exemption directly to
the Department and obtain his tax receipt or exemption
determination, in which event the transaction reporting return
and tax remittance (if a tax payment was required) shall be
credited by the Department to the proper retailer's account
with the Department, but without the 2.1% or 1.75% discount
provided for in this Section being allowed. When the user pays
the tax directly to the Department, he shall pay the tax in the
same amount and in the same form in which it would be remitted
if the tax had been remitted to the Department by the retailer.
Refunds made by the seller during the preceding return
period to purchasers, on account of tangible personal property
returned to the seller, shall be allowed as a deduction under
subdivision 5 of his monthly or quarterly return, as the case
may be, in case the seller had theretofore included the
receipts from the sale of such tangible personal property in a
return filed by him and had paid the tax imposed by this Act
with respect to such receipts.
Where the seller is a corporation, the return filed on
behalf of such corporation shall be signed by the president,
vice-president, secretary or treasurer or by the properly

accredited agent of such corporation.
Where the seller is a limited liability company, the return
filed on behalf of the limited liability company shall be
signed by a manager, member, or properly accredited agent of
the limited liability company.
Except as provided in this Section, the retailer filing the
return under this Section shall, at the time of filing such
return, pay to the Department the amount of tax imposed by this
Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
on and after January 1, 1990, or $5 per calendar year,
whichever is greater, which is allowed to reimburse the
retailer for the expenses incurred in keeping records,
preparing and filing returns, remitting the tax and supplying
data to the Department on request. Any prepayment made pursuant
to Section 2d of this Act shall be included in the amount on
which such 2.1% or 1.75% discount is computed. In the case of
retailers who report and pay the tax on a transaction by
transaction basis, as provided in this Section, such discount
shall be taken with each such tax remittance instead of when
such retailer files his periodic return. The discount allowed
under this Section is allowed only for returns that are filed
in the manner required by this Act. The Department may disallow
the discount for retailers whose certificate of registration is
revoked at the time the return is filed, but only if the
Department's decision to revoke the certificate of
registration has become final.

Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the Use Tax
Act, the Service Occupation Tax Act, and the Service Use Tax
Act, excluding any liability for prepaid sales tax to be
remitted in accordance with Section 2d of this Act, was $10,000
or more during the preceding 4 complete calendar quarters, he
shall file a return with the Department each month by the 20th
day of the month next following the month during which such tax
liability is incurred and shall make payments to the Department
on or before the 7th, 15th, 22nd and last day of the month
during which such liability is incurred. On and after October
1, 2000, if the taxpayer's average monthly tax liability to the
Department under this Act, the Use Tax Act, the Service
Occupation Tax Act, and the Service Use Tax Act, excluding any
liability for prepaid sales tax to be remitted in accordance
with Section 2d of this Act, was $20,000 or more during the
preceding 4 complete calendar quarters, he shall file a return
with the Department each month by the 20th day of the month
next following the month during which such tax liability is
incurred and shall make payment to the Department on or before
the 7th, 15th, 22nd and last day of the month during which such
liability is incurred. If the month during which such tax
liability is incurred began prior to January 1, 1985, each
payment shall be in an amount equal to 1/4 of the taxpayer's
actual liability for the month or an amount set by the
Department not to exceed 1/4 of the average monthly liability

of the taxpayer to the Department for the preceding 4 complete
calendar quarters (excluding the month of highest liability and
the month of lowest liability in such 4 quarter period). If the
month during which such tax liability is incurred begins on or
after January 1, 1985 and prior to January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 27.5% of the taxpayer's
liability for the same calendar month of the preceding year. If
the month during which such tax liability is incurred begins on
or after January 1, 1987 and prior to January 1, 1988, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 26.25% of the taxpayer's
liability for the same calendar month of the preceding year. If
the month during which such tax liability is incurred begins on
or after January 1, 1988, and prior to January 1, 1989, or
begins on or after January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for
the month or 25% of the taxpayer's liability for the same
calendar month of the preceding year. If the month during which
such tax liability is incurred begins on or after January 1,
1989, and prior to January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for
the month or 25% of the taxpayer's liability for the same
calendar month of the preceding year or 100% of the taxpayer's
actual liability for the quarter monthly reporting period. The
amount of such quarter monthly payments shall be credited

against the final tax liability of the taxpayer's return for
that month. Before October 1, 2000, once applicable, the
requirement of the making of quarter monthly payments to the
Department by taxpayers having an average monthly tax liability
of $10,000 or more as determined in the manner provided above
shall continue until such taxpayer's average monthly liability
to the Department during the preceding 4 complete calendar
quarters (excluding the month of highest liability and the
month of lowest liability) is less than $9,000, or until such
taxpayer's average monthly liability to the Department as
computed for each calendar quarter of the 4 preceding complete
calendar quarter period is less than $10,000. However, if a
taxpayer can show the Department that a substantial change in
the taxpayer's business has occurred which causes the taxpayer
to anticipate that his average monthly tax liability for the
reasonably foreseeable future will fall below the $10,000
threshold stated above, then such taxpayer may petition the
Department for a change in such taxpayer's reporting status. On
and after October 1, 2000, once applicable, the requirement of
the making of quarter monthly payments to the Department by
taxpayers having an average monthly tax liability of $20,000 or
more as determined in the manner provided above shall continue
until such taxpayer's average monthly liability to the
Department during the preceding 4 complete calendar quarters
(excluding the month of highest liability and the month of
lowest liability) is less than $19,000 or until such taxpayer's

average monthly liability to the Department as computed for
each calendar quarter of the 4 preceding complete calendar
quarter period is less than $20,000. However, if a taxpayer can
show the Department that a substantial change in the taxpayer's
business has occurred which causes the taxpayer to anticipate
that his average monthly tax liability for the reasonably
foreseeable future will fall below the $20,000 threshold stated
above, then such taxpayer may petition the Department for a
change in such taxpayer's reporting status. The Department
shall change such taxpayer's reporting status unless it finds
that such change is seasonal in nature and not likely to be
long term. If any such quarter monthly payment is not paid at
the time or in the amount required by this Section, then the
taxpayer shall be liable for penalties and interest on the
difference between the minimum amount due as a payment and the
amount of such quarter monthly payment actually and timely
paid, except insofar as the taxpayer has previously made
payments for that month to the Department in excess of the
minimum payments previously due as provided in this Section.
The Department shall make reasonable rules and regulations to
govern the quarter monthly payment amount and quarter monthly
payment dates for taxpayers who file on other than a calendar
monthly basis.
The provisions of this paragraph apply before October 1,
2001. Without regard to whether a taxpayer is required to make
quarter monthly payments as specified above, any taxpayer who

is required by Section 2d of this Act to collect and remit
prepaid taxes and has collected prepaid taxes which average in
excess of $25,000 per month during the preceding 2 complete
calendar quarters, shall file a return with the Department as
required by Section 2f and shall make payments to the
Department on or before the 7th, 15th, 22nd and last day of the
month during which such liability is incurred. If the month
during which such tax liability is incurred began prior to
September 1, 1985 (the effective date of Public Act 84-221),
each payment shall be in an amount not less than 22.5% of the
taxpayer's actual liability under Section 2d. If the month
during which such tax liability is incurred begins on or after
January 1, 1986, each payment shall be in an amount equal to
22.5% of the taxpayer's actual liability for the month or 27.5%
of the taxpayer's liability for the same calendar month of the
preceding calendar year. If the month during which such tax
liability is incurred begins on or after January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 26.25% of the taxpayer's
liability for the same calendar month of the preceding year.
The amount of such quarter monthly payments shall be credited
against the final tax liability of the taxpayer's return for
that month filed under this Section or Section 2f, as the case
may be. Once applicable, the requirement of the making of
quarter monthly payments to the Department pursuant to this
paragraph shall continue until such taxpayer's average monthly

prepaid tax collections during the preceding 2 complete
calendar quarters is $25,000 or less. If any such quarter
monthly payment is not paid at the time or in the amount
required, the taxpayer shall be liable for penalties and
interest on such difference, except insofar as the taxpayer has
previously made payments for that month in excess of the
minimum payments previously due.
The provisions of this paragraph apply on and after October
1, 2001. Without regard to whether a taxpayer is required to
make quarter monthly payments as specified above, any taxpayer
who is required by Section 2d of this Act to collect and remit
prepaid taxes and has collected prepaid taxes that average in
excess of $20,000 per month during the preceding 4 complete
calendar quarters shall file a return with the Department as
required by Section 2f and shall make payments to the
Department on or before the 7th, 15th, 22nd and last day of the
month during which the liability is incurred. Each payment
shall be in an amount equal to 22.5% of the taxpayer's actual
liability for the month or 25% of the taxpayer's liability for
the same calendar month of the preceding year. The amount of
the quarter monthly payments shall be credited against the
final tax liability of the taxpayer's return for that month
filed under this Section or Section 2f, as the case may be.
Once applicable, the requirement of the making of quarter
monthly payments to the Department pursuant to this paragraph
shall continue until the taxpayer's average monthly prepaid tax

collections during the preceding 4 complete calendar quarters
(excluding the month of highest liability and the month of
lowest liability) is less than $19,000 or until such taxpayer's
average monthly liability to the Department as computed for
each calendar quarter of the 4 preceding complete calendar
quarters is less than $20,000. If any such quarter monthly
payment is not paid at the time or in the amount required, the
taxpayer shall be liable for penalties and interest on such
difference, except insofar as the taxpayer has previously made
payments for that month in excess of the minimum payments
previously due.
If any payment provided for in this Section exceeds the
taxpayer's liabilities under this Act, the Use Tax Act, the
Service Occupation Tax Act and the Service Use Tax Act, as
shown on an original monthly return, the Department shall, if
requested by the taxpayer, issue to the taxpayer a credit
memorandum no later than 30 days after the date of payment. The
credit evidenced by such credit memorandum may be assigned by
the taxpayer to a similar taxpayer under this Act, the Use Tax
Act, the Service Occupation Tax Act or the Service Use Tax Act,
in accordance with reasonable rules and regulations to be
prescribed by the Department. If no such request is made, the
taxpayer may credit such excess payment against tax liability
subsequently to be remitted to the Department under this Act,
the Use Tax Act, the Service Occupation Tax Act or the Service
Use Tax Act, in accordance with reasonable rules and

regulations prescribed by the Department. If the Department
subsequently determined that all or any part of the credit
taken was not actually due to the taxpayer, the taxpayer's 2.1%
and 1.75% vendor's discount shall be reduced by 2.1% or 1.75%
of the difference between the credit taken and that actually
due, and that taxpayer shall be liable for penalties and
interest on such difference.
If a retailer of motor fuel is entitled to a credit under
Section 2d of this Act which exceeds the taxpayer's liability
to the Department under this Act for the month which the
taxpayer is filing a return, the Department shall issue the
taxpayer a credit memorandum for the excess.
Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund, a special fund in the
State treasury which is hereby created, the net revenue
realized for the preceding month from the 1% tax on sales of
food for human consumption which is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks and food which has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, products classified as Class III
medical devices by the United States Food and Drug
Administration that are used for cancer treatment pursuant to a
prescription, as well as any accessories and components related
to those devices, and insulin, urine testing materials,
syringes and needles used by diabetics.

Beginning January 1, 1990, each month the Department shall
pay into the County and Mass Transit District Fund, a special
fund in the State treasury which is hereby created, 4% of the
net revenue realized for the preceding month from the 6.25%
general rate.
Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol. Beginning
September 1, 2010, each month the Department shall pay into the
County and Mass Transit District Fund 20% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of sales tax holiday items.
Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund 16% of the net revenue
realized for the preceding month from the 6.25% general rate on
the selling price of tangible personal property.
Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of motor fuel and gasohol. Beginning September 1,
2010, each month the Department shall pay into the Local
Government Tax Fund 80% of the net revenue realized for the
preceding month from the 1.25% rate on the selling price of
sales tax holiday items.
Beginning October 1, 2009, each month the Department shall

pay into the Capital Projects Fund an amount that is equal to
an amount estimated by the Department to represent 80% of the
net revenue realized for the preceding month from the sale of
candy, grooming and hygiene products, and soft drinks that had
been taxed at a rate of 1% prior to September 1, 2009 but that
are now taxed at 6.25%.
Beginning July 1, 2011, each month the Department shall pay
into the Clean Air Act Permit Fund 80% of the net revenue
realized for the preceding month from the 6.25% general rate on
the selling price of sorbents used in Illinois in the process
of sorbent injection as used to comply with the Environmental
Protection Act or the federal Clean Air Act, but the total
payment into the Clean Air Act Permit Fund under this Act and
the Use Tax Act shall not exceed $2,000,000 in any fiscal year.
Beginning July 1, 2013, each month the Department shall pay
into the Underground Storage Tank Fund from the proceeds
collected under this Act, the Use Tax Act, the Service Use Tax
Act, and the Service Occupation Tax Act an amount equal to the
average monthly deficit in the Underground Storage Tank Fund
during the prior year, as certified annually by the Illinois
Environmental Protection Agency, but the total payment into the
Underground Storage Tank Fund under this Act, the Use Tax Act,
the Service Use Tax Act, and the Service Occupation Tax Act
shall not exceed $18,000,000 in any State fiscal year. As used
in this paragraph, the "average monthly deficit" shall be equal
to the difference between the average monthly claims for

payment by the fund and the average monthly revenues deposited
into the fund, excluding payments made pursuant to this
paragraph.
Beginning July 1, 2015, of the remainder of the moneys
received by the Department under the Use Tax Act, the Service
Use Tax Act, the Service Occupation Tax Act, and this Act, each
month the Department shall deposit $500,000 into the State
Crime Laboratory Fund.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required
to be paid into the Build Illinois Fund pursuant to this Act,
Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
Act, and Section 9 of the Service Occupation Tax Act, such Acts
being hereinafter called the "Tax Acts" and such aggregate of
2.2% or 3.8%, as the case may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the amount transferred to
the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall be less than the Annual Specified Amount (as
hereinafter defined), an amount equal to the difference shall
be immediately paid into the Build Illinois Fund from other
moneys received by the Department pursuant to the Tax Acts; the

"Annual Specified Amount" means the amounts specified below for
fiscal years 1986 through 1993:
Fiscal Year Annual Specified Amount
1986 $54,800,000
1987 $76,650,000
1988 $80,480,000
1989 $88,510,000
1990 $115,330,000
1991 $145,470,000
1992 $182,730,000
1993 $206,520,000;
and means the Certified Annual Debt Service Requirement (as
defined in Section 13 of the Build Illinois Bond Act) or the
Tax Act Amount, whichever is greater, for fiscal year 1994 and
each fiscal year thereafter; and further provided, that if on
the last business day of any month the sum of (1) the Tax Act
Amount required to be deposited into the Build Illinois Bond
Account in the Build Illinois Fund during such month and (2)
the amount transferred to the Build Illinois Fund from the
State and Local Sales Tax Reform Fund shall have been less than
1/12 of the Annual Specified Amount, an amount equal to the
difference shall be immediately paid into the Build Illinois
Fund from other moneys received by the Department pursuant to
the Tax Acts; and, further provided, that in no event shall the
payments required under the preceding proviso result in
aggregate payments into the Build Illinois Fund pursuant to

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

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

1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000
2021 246,000,000
2022 260,000,000

2023 275,000,000
2024 275,000,000
2025 275,000,000
2026 279,000,000
2027 292,000,000
2028 307,000,000
2029 322,000,000
2030 338,000,000
2031 350,000,000
2032 350,000,000
and
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.
Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits

required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year, but
not in excess of the amount specified above as "Total Deposit",
has been deposited.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning July 1, 1993 and ending on September 30,
2013, the Department shall each month pay into the Illinois Tax
Increment Fund 0.27% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate on the selling
price of tangible personal property.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a 25-year
period, the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined coal
that was sold to an eligible business. For purposes of this
paragraph, the term "eligible business" means a new electric
generating facility certified pursuant to Section 605-332 of
the Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.

Subject to payment of amounts into the Build Illinois Fund,
the McCormick Place Expansion Project Fund, the Illinois Tax
Increment Fund, and the Energy Infrastructure Fund pursuant to
the preceding paragraphs or in any amendments to this Section
hereafter enacted, beginning on the first day of the first
calendar month to occur on or after August 26, 2014 (the
effective date of Public Act 98-1098), each month, from the
collections made under Section 9 of the Use Tax Act, Section 9
of the Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation Tax Act,
the Department shall pay into the Tax Compliance and
Administration Fund, to be used, subject to appropriation, to
fund additional auditors and compliance personnel at the
Department of Revenue, an amount equal to 1/12 of 5% of 80% of
the cash receipts collected during the preceding fiscal year by
the Audit Bureau of the Department under the Use Tax Act, the
Service Use Tax Act, the Service Occupation Tax Act, the
Retailers' Occupation Tax Act, and associated local occupation
and use taxes administered by the Department.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the State
Treasury and 25% shall be reserved in a special account and
used only for the transfer to the Common School Fund as part of
the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
The Department may, upon separate written notice to a

taxpayer, require the taxpayer to prepare and file with the
Department on a form prescribed by the Department within not
less than 60 days after receipt of the notice an annual
information return for the tax year specified in the notice.
Such annual return to the Department shall include a statement
of gross receipts as shown by the retailer's last Federal
income tax return. If the total receipts of the business as
reported in the Federal income tax return do not agree with the
gross receipts reported to the Department of Revenue for the
same period, the retailer shall attach to his annual return a
schedule showing a reconciliation of the 2 amounts and the
reasons for the difference. The retailer's annual return to the
Department shall also disclose the cost of goods sold by the
retailer during the year covered by such return, opening and
closing inventories of such goods for such year, costs of goods
used from stock or taken from stock and given away by the
retailer during such year, payroll information of the
retailer's business during such year and any additional
reasonable information which the Department deems would be
helpful in determining the accuracy of the monthly, quarterly
or annual returns filed by such retailer as provided for in
this Section.
If the annual information return required by this Section
is not filed when and as required, the taxpayer shall be liable
as follows:
(i) Until January 1, 1994, the taxpayer shall be liable

for a penalty equal to 1/6 of 1% of the tax due from such
taxpayer under this Act during the period to be covered by
the annual return for each month or fraction of a month
until such return is filed as required, the penalty to be
assessed and collected in the same manner as any other
penalty provided for in this Act.
(ii) On and after January 1, 1994, the taxpayer shall
be liable for a penalty as described in Section 3-4 of the
Uniform Penalty and Interest Act.
The chief executive officer, proprietor, owner or highest
ranking manager shall sign the annual return to certify the
accuracy of the information contained therein. Any person who
willfully signs the annual return containing false or
inaccurate information shall be guilty of perjury and punished
accordingly. The annual return form prescribed by the
Department shall include a warning that the person signing the
return may be liable for perjury.
The provisions of this Section concerning the filing of an
annual information return do not apply to a retailer who is not
required to file an income tax return with the United States
Government.
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Motor Fuel Tax Fund an amount
equal to 1.7% of 80% of the net revenue realized under this Act

for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail in
Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and paying to the
Department all tax accruing under this Act with respect to such
sales, if the retailers who are affected do not make written
objection to the Department to this arrangement.
Any person who promotes, organizes, provides retail
selling space for concessionaires or other types of sellers at
the Illinois State Fair, DuQuoin State Fair, county fairs,
local fairs, art shows, flea markets and similar exhibitions or
events, including any transient merchant as defined by Section
2 of the Transient Merchant Act of 1987, is required to file a
report with the Department providing the name of the merchant's
business, the name of the person or persons engaged in
merchant's business, the permanent address and Illinois
Retailers Occupation Tax Registration Number of the merchant,
the dates and location of the event and other reasonable
information that the Department may require. The report must be
filed not later than the 20th day of the month next following

the month during which the event with retail sales was held.
Any person who fails to file a report required by this Section
commits a business offense and is subject to a fine not to
exceed $250.
Any person engaged in the business of selling tangible
personal property at retail as a concessionaire or other type
of seller at the Illinois State Fair, county fairs, art shows,
flea markets and similar exhibitions or events, or any
transient merchants, as defined by Section 2 of the Transient
Merchant Act of 1987, may be required to make a daily report of
the amount of such sales to the Department and to make a daily
payment of the full amount of tax due. The Department shall
impose this requirement when it finds that there is a
significant risk of loss of revenue to the State at such an
exhibition or event. Such a finding shall be based on evidence
that a substantial number of concessionaires or other sellers
who are not residents of Illinois will be engaging in the
business of selling tangible personal property at retail at the
exhibition or event, or other evidence of a significant risk of
loss of revenue to the State. The Department shall notify
concessionaires and other sellers affected by the imposition of
this requirement. In the absence of notification by the
Department, the concessionaires and other sellers shall file
their returns as otherwise required in this Section.
(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16;
99-933, eff. 1-27-17; 100-303, eff. 8-24-17.)

(Text of Section after amendment by P.A. 100-363)
Sec. 3. Except as provided in this Section, on or before
the twentieth day of each calendar month, every person engaged
in the business of selling tangible personal property at retail
in this State during the preceding calendar month shall file a
return with the Department, stating:
1. The name of the seller;
2. His residence address and the address of his
principal place of business and the address of the
principal place of business (if that is a different
address) from which he engages in the business of selling
tangible personal property at retail in this State;
3. Total amount of receipts received by him during the
preceding calendar month or quarter, as the case may be,
from sales of tangible personal property, and from services
furnished, by him during such preceding calendar month or
quarter;
4. Total amount received by him during the preceding
calendar month or quarter on charge and time sales of
tangible personal property, and from services furnished,
by him prior to the month or quarter for which the return
is filed;
5. Deductions allowed by law;
6. Gross receipts which were received by him during the
preceding calendar month or quarter and upon the basis of

which the tax is imposed;
7. The amount of credit provided in Section 2d of this
Act;
8. The amount of tax due;
9. The signature of the taxpayer; and
10. Such other reasonable information as the
Department may require.
On and after January 1, 2018, except for returns for motor
vehicles, watercraft, aircraft, and trailers that are required
to be registered with an agency of this State, with respect to
retailers whose annual gross receipts average $20,000 or more,
all returns required to be filed pursuant to this Act shall be
filed electronically. Retailers who demonstrate that they do
not have access to the Internet or demonstrate hardship in
filing electronically may petition the Department to waive the
electronic filing requirement.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.
Each return shall be accompanied by the statement of
prepaid tax issued pursuant to Section 2e for which credit is
claimed.
Prior to October 1, 2003, and on and after September 1,
2004 a retailer may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Use Tax as

provided in Section 3-85 of the Use Tax Act if the purchaser
provides the appropriate documentation as required by Section
3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
certification, accepted by a retailer prior to October 1, 2003
and on and after September 1, 2004 as provided in Section 3-85
of the Use Tax Act, may be used by that retailer to satisfy
Retailers' Occupation Tax liability in the amount claimed in
the certification, not to exceed 6.25% of the receipts subject
to tax from a qualifying purchase. A Manufacturer's Purchase
Credit reported on any original or amended return filed under
this Act after October 20, 2003 for reporting periods prior to
September 1, 2004 shall be disallowed. Manufacturer's
Purchaser Credit reported on annual returns due on or after
January 1, 2005 will be disallowed for periods prior to
September 1, 2004. No Manufacturer's Purchase Credit may be
used after September 30, 2003 through August 31, 2004 to
satisfy any tax liability imposed under this Act, including any
audit liability.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter. The
taxpayer shall also file a return with the Department for each
of the first two months of each calendar quarter, on or before
the twentieth day of the following calendar month, stating:
1. The name of the seller;

2. The address of the principal place of business from
which he engages in the business of selling tangible
personal property at retail in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month from sales of tangible
personal property by him during such preceding calendar
month, including receipts from charge and time sales, but
less all deductions allowed by law;
4. The amount of credit provided in Section 2d of this
Act;
5. The amount of tax due; and
6. Such other reasonable information as the Department
may require.
Beginning on October 1, 2003, any person who is not a
licensed distributor, importing distributor, or manufacturer,
as defined in the Liquor Control Act of 1934, but is engaged in
the business of selling, at retail, alcoholic liquor shall file
a statement with the Department of Revenue, in a format and at
a time prescribed by the Department, showing the total amount
paid for alcoholic liquor purchased during the preceding month
and such other information as is reasonably required by the
Department. The Department may adopt rules to require that this
statement be filed in an electronic or telephonic format. Such
rules may provide for exceptions from the filing requirements
of this paragraph. For the purposes of this paragraph, the term
"alcoholic liquor" shall have the meaning prescribed in the

Liquor Control Act of 1934.
Beginning on October 1, 2003, every distributor, importing
distributor, and manufacturer of alcoholic liquor as defined in
the Liquor Control Act of 1934, shall file a statement with the
Department of Revenue, no later than the 10th day of the month
for the preceding month during which transactions occurred, by
electronic means, showing the total amount of gross receipts
from the sale of alcoholic liquor sold or distributed during
the preceding month to purchasers; identifying the purchaser to
whom it was sold or distributed; the purchaser's tax
registration number; and such other information reasonably
required by the Department. A distributor, importing
distributor, or manufacturer of alcoholic liquor must
personally deliver, mail, or provide by electronic means to
each retailer listed on the monthly statement a report
containing a cumulative total of that distributor's, importing
distributor's, or manufacturer's total sales of alcoholic
liquor to that retailer no later than the 10th day of the month
for the preceding month during which the transaction occurred.
The distributor, importing distributor, or manufacturer shall
notify the retailer as to the method by which the distributor,
importing distributor, or manufacturer will provide the sales
information. If the retailer is unable to receive the sales
information by electronic means, the distributor, importing
distributor, or manufacturer shall furnish the sales
information by personal delivery or by mail. For purposes of

this paragraph, the term "electronic means" includes, but is
not limited to, the use of a secure Internet website, e-mail,
or facsimile.
If a total amount of less than $1 is payable, refundable or
creditable, such amount shall be disregarded if it is less than
50 cents and shall be increased to $1 if it is 50 cents or more.
Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1995, a taxpayer who has
an average monthly tax liability of $50,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 2000, a taxpayer who has
an annual tax liability of $200,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. The term "annual tax liability" shall be the
sum of the taxpayer's liabilities under this Act, and under all
other State and local occupation and use tax laws administered
by the Department, for the immediately preceding calendar year.
The term "average monthly tax liability" shall be the sum of
the taxpayer's liabilities under this Act, and under all other
State and local occupation and use tax laws administered by the
Department, for the immediately preceding calendar year

divided by 12. Beginning on October 1, 2002, a taxpayer who has
a tax liability in the amount set forth in subsection (b) of
Section 2505-210 of the Department of Revenue Law shall make
all payments required by rules of the Department by electronic
funds transfer.
Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make payments
by electronic funds transfer. All taxpayers required to make
payments by electronic funds transfer shall make those payments
for a minimum of one year beginning on October 1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those payments
in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Any amount which is required to be shown or reported on any
return or other document under this Act shall, if such amount
is not a whole-dollar amount, be increased to the nearest
whole-dollar amount in any case where the fractional part of a
dollar is 50 cents or more, and decreased to the nearest
whole-dollar amount where the fractional part of a dollar is

less than 50 cents.
If the retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February and March of a given year
being due by April 20 of such year; with the return for April,
May and June of a given year being due by July 20 of such year;
with the return for July, August and September of a given year
being due by October 20 of such year, and with the return for
October, November and December of a given year being due by
January 20 of the following year.
If the retailer is otherwise required to file a monthly or
quarterly return and if the retailer's average monthly tax
liability with the Department does not exceed $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by January 20
of the following year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as monthly
returns.
Notwithstanding any other provision in this Act concerning
the time within which a retailer may file his return, in the
case of any retailer who ceases to engage in a kind of business
which makes him responsible for filing returns under this Act,
such retailer shall file a final return under this Act with the

Department not more than one month after discontinuing such
business.
Where the same person has more than one business registered
with the Department under separate registrations under this
Act, such person may not file each return that is due as a
single return covering all such registered businesses, but
shall file separate returns for each such registered business.
In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with
an agency of this State, every retailer selling this kind of
tangible personal property shall file, with the Department,
upon a form to be prescribed and supplied by the Department, a
separate return for each such item of tangible personal
property which the retailer sells, except that if, in the same
transaction, (i) a retailer of aircraft, watercraft, motor
vehicles or trailers transfers more than one aircraft,
watercraft, motor vehicle or trailer to another aircraft,
watercraft, motor vehicle retailer or trailer retailer for the
purpose of resale or (ii) a retailer of aircraft, watercraft,
motor vehicles, or trailers transfers more than one aircraft,
watercraft, motor vehicle, or trailer to a purchaser for use as
a qualifying rolling stock as provided in Section 2-5 of this
Act, then that seller may report the transfer of all aircraft,
watercraft, motor vehicles or trailers involved in that
transaction to the Department on the same uniform
invoice-transaction reporting return form. For purposes of

this Section, "watercraft" means a Class 2, Class 3, or Class 4
watercraft as defined in Section 3-2 of the Boat Registration
and Safety Act, a personal watercraft, or any boat equipped
with an inboard motor.
Any retailer who sells only motor vehicles, watercraft,
aircraft, or trailers that are required to be registered with
an agency of this State, so that all retailers' occupation tax
liability is required to be reported, and is reported, on such
transaction reporting returns and who is not otherwise required
to file monthly or quarterly returns, need not file monthly or
quarterly returns. However, those retailers shall be required
to file returns on an annual basis.
The transaction reporting return, in the case of motor
vehicles or trailers that are required to be registered with an
agency of this State, shall be the same document as the Uniform
Invoice referred to in Section 5-402 of The Illinois Vehicle
Code and must show the name and address of the seller; the name
and address of the purchaser; the amount of the selling price
including the amount allowed by the retailer for traded-in
property, if any; the amount allowed by the retailer for the
traded-in tangible personal property, if any, to the extent to
which Section 1 of this Act allows an exemption for the value
of traded-in property; the balance payable after deducting such
trade-in allowance from the total selling price; the amount of
tax due from the retailer with respect to such transaction; the
amount of tax collected from the purchaser by the retailer on

such transaction (or satisfactory evidence that such tax is not
due in that particular instance, if that is claimed to be the
fact); the place and date of the sale; a sufficient
identification of the property sold; such other information as
is required in Section 5-402 of The Illinois Vehicle Code, and
such other information as the Department may reasonably
require.
The transaction reporting return in the case of watercraft
or aircraft must show the name and address of the seller; the
name and address of the purchaser; the amount of the selling
price including the amount allowed by the retailer for
traded-in property, if any; the amount allowed by the retailer
for the traded-in tangible personal property, if any, to the
extent to which Section 1 of this Act allows an exemption for
the value of traded-in property; the balance payable after
deducting such trade-in allowance from the total selling price;
the amount of tax due from the retailer with respect to such
transaction; the amount of tax collected from the purchaser by
the retailer on such transaction (or satisfactory evidence that
such tax is not due in that particular instance, if that is
claimed to be the fact); the place and date of the sale, a
sufficient identification of the property sold, and such other
information as the Department may reasonably require.
Such transaction reporting return shall be filed not later
than 20 days after the day of delivery of the item that is
being sold, but may be filed by the retailer at any time sooner

than that if he chooses to do so. The transaction reporting
return and tax remittance or proof of exemption from the
Illinois use tax may be transmitted to the Department by way of
the State agency with which, or State officer with whom the
tangible personal property must be titled or registered (if
titling or registration is required) if the Department and such
agency or State officer determine that this procedure will
expedite the processing of applications for title or
registration.
With each such transaction reporting return, the retailer
shall remit the proper amount of tax due (or shall submit
satisfactory evidence that the sale is not taxable if that is
the case), to the Department or its agents, whereupon the
Department shall issue, in the purchaser's name, a use tax
receipt (or a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which such
purchaser may submit to the agency with which, or State officer
with whom, he must title or register the tangible personal
property that is involved (if titling or registration is
required) in support of such purchaser's application for an
Illinois certificate or other evidence of title or registration
to such tangible personal property.
No retailer's failure or refusal to remit tax under this
Act precludes a user, who has paid the proper tax to the
retailer, from obtaining his certificate of title or other
evidence of title or registration (if titling or registration

is required) upon satisfying the Department that such user has
paid the proper tax (if tax is due) to the retailer. The
Department shall adopt appropriate rules to carry out the
mandate of this paragraph.
If the user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the payment of
the tax or proof of exemption made to the Department before the
retailer is willing to take these actions and such user has not
paid the tax to the retailer, such user may certify to the fact
of such delay by the retailer and may (upon the Department
being satisfied of the truth of such certification) transmit
the information required by the transaction reporting return
and the remittance for tax or proof of exemption directly to
the Department and obtain his tax receipt or exemption
determination, in which event the transaction reporting return
and tax remittance (if a tax payment was required) shall be
credited by the Department to the proper retailer's account
with the Department, but without the 2.1% or 1.75% discount
provided for in this Section being allowed. When the user pays
the tax directly to the Department, he shall pay the tax in the
same amount and in the same form in which it would be remitted
if the tax had been remitted to the Department by the retailer.
Refunds made by the seller during the preceding return
period to purchasers, on account of tangible personal property
returned to the seller, shall be allowed as a deduction under
subdivision 5 of his monthly or quarterly return, as the case

may be, in case the seller had theretofore included the
receipts from the sale of such tangible personal property in a
return filed by him and had paid the tax imposed by this Act
with respect to such receipts.
Where the seller is a corporation, the return filed on
behalf of such corporation shall be signed by the president,
vice-president, secretary or treasurer or by the properly
accredited agent of such corporation.
Where the seller is a limited liability company, the return
filed on behalf of the limited liability company shall be
signed by a manager, member, or properly accredited agent of
the limited liability company.
Except as provided in this Section, the retailer filing the
return under this Section shall, at the time of filing such
return, pay to the Department the amount of tax imposed by this
Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
on and after January 1, 1990, or $5 per calendar year,
whichever is greater, which is allowed to reimburse the
retailer for the expenses incurred in keeping records,
preparing and filing returns, remitting the tax and supplying
data to the Department on request. Any prepayment made pursuant
to Section 2d of this Act shall be included in the amount on
which such 2.1% or 1.75% discount is computed. In the case of
retailers who report and pay the tax on a transaction by
transaction basis, as provided in this Section, such discount
shall be taken with each such tax remittance instead of when

such retailer files his periodic return. The discount allowed
under this Section is allowed only for returns that are filed
in the manner required by this Act. The Department may disallow
the discount for retailers whose certificate of registration is
revoked at the time the return is filed, but only if the
Department's decision to revoke the certificate of
registration has become final.
Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the Use Tax
Act, the Service Occupation Tax Act, and the Service Use Tax
Act, excluding any liability for prepaid sales tax to be
remitted in accordance with Section 2d of this Act, was $10,000
or more during the preceding 4 complete calendar quarters, he
shall file a return with the Department each month by the 20th
day of the month next following the month during which such tax
liability is incurred and shall make payments to the Department
on or before the 7th, 15th, 22nd and last day of the month
during which such liability is incurred. On and after October
1, 2000, if the taxpayer's average monthly tax liability to the
Department under this Act, the Use Tax Act, the Service
Occupation Tax Act, and the Service Use Tax Act, excluding any
liability for prepaid sales tax to be remitted in accordance
with Section 2d of this Act, was $20,000 or more during the
preceding 4 complete calendar quarters, he shall file a return
with the Department each month by the 20th day of the month
next following the month during which such tax liability is

incurred and shall make payment to the Department on or before
the 7th, 15th, 22nd and last day of the month during which such
liability is incurred. If the month during which such tax
liability is incurred began prior to January 1, 1985, each
payment shall be in an amount equal to 1/4 of the taxpayer's
actual liability for the month or an amount set by the
Department not to exceed 1/4 of the average monthly liability
of the taxpayer to the Department for the preceding 4 complete
calendar quarters (excluding the month of highest liability and
the month of lowest liability in such 4 quarter period). If the
month during which such tax liability is incurred begins on or
after January 1, 1985 and prior to January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 27.5% of the taxpayer's
liability for the same calendar month of the preceding year. If
the month during which such tax liability is incurred begins on
or after January 1, 1987 and prior to January 1, 1988, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 26.25% of the taxpayer's
liability for the same calendar month of the preceding year. If
the month during which such tax liability is incurred begins on
or after January 1, 1988, and prior to January 1, 1989, or
begins on or after January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for
the month or 25% of the taxpayer's liability for the same
calendar month of the preceding year. If the month during which

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

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

The Department shall make reasonable rules and regulations to
govern the quarter monthly payment amount and quarter monthly
payment dates for taxpayers who file on other than a calendar
monthly basis.
The provisions of this paragraph apply before October 1,
2001. Without regard to whether a taxpayer is required to make
quarter monthly payments as specified above, any taxpayer who
is required by Section 2d of this Act to collect and remit
prepaid taxes and has collected prepaid taxes which average in
excess of $25,000 per month during the preceding 2 complete
calendar quarters, shall file a return with the Department as
required by Section 2f and shall make payments to the
Department on or before the 7th, 15th, 22nd and last day of the
month during which such liability is incurred. If the month
during which such tax liability is incurred began prior to
September 1, 1985 (the effective date of Public Act 84-221),
each payment shall be in an amount not less than 22.5% of the
taxpayer's actual liability under Section 2d. If the month
during which such tax liability is incurred begins on or after
January 1, 1986, each payment shall be in an amount equal to
22.5% of the taxpayer's actual liability for the month or 27.5%
of the taxpayer's liability for the same calendar month of the
preceding calendar year. If the month during which such tax
liability is incurred begins on or after January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 26.25% of the taxpayer's

liability for the same calendar month of the preceding year.
The amount of such quarter monthly payments shall be credited
against the final tax liability of the taxpayer's return for
that month filed under this Section or Section 2f, as the case
may be. Once applicable, the requirement of the making of
quarter monthly payments to the Department pursuant to this
paragraph shall continue until such taxpayer's average monthly
prepaid tax collections during the preceding 2 complete
calendar quarters is $25,000 or less. If any such quarter
monthly payment is not paid at the time or in the amount
required, the taxpayer shall be liable for penalties and
interest on such difference, except insofar as the taxpayer has
previously made payments for that month in excess of the
minimum payments previously due.
The provisions of this paragraph apply on and after October
1, 2001. Without regard to whether a taxpayer is required to
make quarter monthly payments as specified above, any taxpayer
who is required by Section 2d of this Act to collect and remit
prepaid taxes and has collected prepaid taxes that average in
excess of $20,000 per month during the preceding 4 complete
calendar quarters shall file a return with the Department as
required by Section 2f and shall make payments to the
Department on or before the 7th, 15th, 22nd and last day of the
month during which the liability is incurred. Each payment
shall be in an amount equal to 22.5% of the taxpayer's actual
liability for the month or 25% of the taxpayer's liability for

the same calendar month of the preceding year. The amount of
the quarter monthly payments shall be credited against the
final tax liability of the taxpayer's return for that month
filed under this Section or Section 2f, as the case may be.
Once applicable, the requirement of the making of quarter
monthly payments to the Department pursuant to this paragraph
shall continue until the taxpayer's average monthly prepaid tax
collections during the preceding 4 complete calendar quarters
(excluding the month of highest liability and the month of
lowest liability) is less than $19,000 or until such taxpayer's
average monthly liability to the Department as computed for
each calendar quarter of the 4 preceding complete calendar
quarters is less than $20,000. If any such quarter monthly
payment is not paid at the time or in the amount required, the
taxpayer shall be liable for penalties and interest on such
difference, except insofar as the taxpayer has previously made
payments for that month in excess of the minimum payments
previously due.
If any payment provided for in this Section exceeds the
taxpayer's liabilities under this Act, the Use Tax Act, the
Service Occupation Tax Act and the Service Use Tax Act, as
shown on an original monthly return, the Department shall, if
requested by the taxpayer, issue to the taxpayer a credit
memorandum no later than 30 days after the date of payment. The
credit evidenced by such credit memorandum may be assigned by
the taxpayer to a similar taxpayer under this Act, the Use Tax

Act, the Service Occupation Tax Act or the Service Use Tax Act,
in accordance with reasonable rules and regulations to be
prescribed by the Department. If no such request is made, the
taxpayer may credit such excess payment against tax liability
subsequently to be remitted to the Department under this Act,
the Use Tax Act, the Service Occupation Tax Act or the Service
Use Tax Act, in accordance with reasonable rules and
regulations prescribed by the Department. If the Department
subsequently determined that all or any part of the credit
taken was not actually due to the taxpayer, the taxpayer's 2.1%
and 1.75% vendor's discount shall be reduced by 2.1% or 1.75%
of the difference between the credit taken and that actually
due, and that taxpayer shall be liable for penalties and
interest on such difference.
If a retailer of motor fuel is entitled to a credit under
Section 2d of this Act which exceeds the taxpayer's liability
to the Department under this Act for the month which the
taxpayer is filing a return, the Department shall issue the
taxpayer a credit memorandum for the excess.
Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund, a special fund in the
State treasury which is hereby created, the net revenue
realized for the preceding month from the 1% tax on sales of
food for human consumption which is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks and food which has been prepared for immediate

consumption) and prescription and nonprescription medicines,
drugs, medical appliances, products classified as Class III
medical devices by the United States Food and Drug
Administration that are used for cancer treatment pursuant to a
prescription, as well as any accessories and components related
to those devices, and insulin, urine testing materials,
syringes and needles used by diabetics.
Beginning January 1, 1990, each month the Department shall
pay into the County and Mass Transit District Fund, a special
fund in the State treasury which is hereby created, 4% of the
net revenue realized for the preceding month from the 6.25%
general rate.
Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol. Beginning
September 1, 2010, each month the Department shall pay into the
County and Mass Transit District Fund 20% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of sales tax holiday items.
Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund 16% of the net revenue
realized for the preceding month from the 6.25% general rate on
the selling price of tangible personal property.
Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue

realized for the preceding month from the 1.25% rate on the
selling price of motor fuel and gasohol. Beginning September 1,
2010, each month the Department shall pay into the Local
Government Tax Fund 80% of the net revenue realized for the
preceding month from the 1.25% rate on the selling price of
sales tax holiday items.
Beginning October 1, 2009, each month the Department shall
pay into the Capital Projects Fund an amount that is equal to
an amount estimated by the Department to represent 80% of the
net revenue realized for the preceding month from the sale of
candy, grooming and hygiene products, and soft drinks that had
been taxed at a rate of 1% prior to September 1, 2009 but that
are now taxed at 6.25%.
Beginning July 1, 2011, each month the Department shall pay
into the Clean Air Act Permit Fund 80% of the net revenue
realized for the preceding month from the 6.25% general rate on
the selling price of sorbents used in Illinois in the process
of sorbent injection as used to comply with the Environmental
Protection Act or the federal Clean Air Act, but the total
payment into the Clean Air Act Permit Fund under this Act and
the Use Tax Act shall not exceed $2,000,000 in any fiscal year.
Beginning July 1, 2013, each month the Department shall pay
into the Underground Storage Tank Fund from the proceeds
collected under this Act, the Use Tax Act, the Service Use Tax
Act, and the Service Occupation Tax Act an amount equal to the
average monthly deficit in the Underground Storage Tank Fund

during the prior year, as certified annually by the Illinois
Environmental Protection Agency, but the total payment into the
Underground Storage Tank Fund under this Act, the Use Tax Act,
the Service Use Tax Act, and the Service Occupation Tax Act
shall not exceed $18,000,000 in any State fiscal year. As used
in this paragraph, the "average monthly deficit" shall be equal
to the difference between the average monthly claims for
payment by the fund and the average monthly revenues deposited
into the fund, excluding payments made pursuant to this
paragraph.
Beginning July 1, 2015, of the remainder of the moneys
received by the Department under the Use Tax Act, the Service
Use Tax Act, the Service Occupation Tax Act, and this Act, each
month the Department shall deposit $500,000 into the State
Crime Laboratory Fund.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required
to be paid into the Build Illinois Fund pursuant to this Act,
Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
Act, and Section 9 of the Service Occupation Tax Act, such Acts
being hereinafter called the "Tax Acts" and such aggregate of

2.2% or 3.8%, as the case may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the amount transferred to
the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall be less than the Annual Specified Amount (as
hereinafter defined), an amount equal to the difference shall
be immediately paid into the Build Illinois Fund from other
moneys received by the Department pursuant to the Tax Acts; the
"Annual Specified Amount" means the amounts specified below for
fiscal years 1986 through 1993:
Fiscal Year Annual Specified Amount
1986 $54,800,000
1987 $76,650,000
1988 $80,480,000
1989 $88,510,000
1990 $115,330,000
1991 $145,470,000
1992 $182,730,000
1993 $206,520,000;
and means the Certified Annual Debt Service Requirement (as
defined in Section 13 of the Build Illinois Bond Act) or the
Tax Act Amount, whichever is greater, for fiscal year 1994 and
each fiscal year thereafter; and further provided, that if on
the last business day of any month the sum of (1) the Tax Act
Amount required to be deposited into the Build Illinois Bond
Account in the Build Illinois Fund during such month and (2)
the amount transferred to the Build Illinois Fund from the

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

in such month from the Build Illinois Bond Account to the Build
Illinois Bond Retirement and Interest Fund pursuant to Section
13 of the Build Illinois Bond Act, an amount equal to such
deficiency shall be immediately paid from other moneys received
by the Department pursuant to the Tax Acts to the Build
Illinois Fund; provided, however, that any amounts paid to the
Build Illinois Fund in any fiscal year pursuant to this
sentence shall be deemed to constitute payments pursuant to
clause (b) of the first sentence of this paragraph and shall
reduce the amount otherwise payable for such fiscal year
pursuant to that clause (b). The moneys received by the
Department pursuant to this Act and required to be deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
Subject to payment of amounts into the Build Illinois Fund
as provided in the preceding paragraph or in any amendment
thereto hereafter enacted, the following specified monthly
installment of the amount requested in the certificate of the
Chairman of the Metropolitan Pier and Exposition Authority
provided under Section 8.25f of the State Finance Act, but not
in excess of sums designated as "Total Deposit", shall be
deposited in the aggregate from collections under Section 9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, Section
9 of the Service Occupation Tax Act, and Section 3 of the
Retailers' Occupation Tax Act into the McCormick Place

Expansion Project Fund in the specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000
2014 170,000,000
2015 179,000,000

2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000
2021 246,000,000
2022 260,000,000
2023 275,000,000
2024 275,000,000
2025 275,000,000
2026 279,000,000
2027 292,000,000
2028 307,000,000
2029 322,000,000
2030 338,000,000
2031 350,000,000
2032 350,000,000
and
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.
Beginning July 20, 1993 and in each month of each fiscal

year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year, but
not in excess of the amount specified above as "Total Deposit",
has been deposited.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning July 1, 1993 and ending on September 30,
2013, the Department shall each month pay into the Illinois Tax
Increment Fund 0.27% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate on the selling
price of tangible personal property.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a 25-year
period, the Department shall each month pay into the Energy

Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined coal
that was sold to an eligible business. For purposes of this
paragraph, the term "eligible business" means a new electric
generating facility certified pursuant to Section 605-332 of
the Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
Subject to payment of amounts into the Build Illinois Fund,
the McCormick Place Expansion Project Fund, the Illinois Tax
Increment Fund, and the Energy Infrastructure Fund pursuant to
the preceding paragraphs or in any amendments to this Section
hereafter enacted, beginning on the first day of the first
calendar month to occur on or after August 26, 2014 (the
effective date of Public Act 98-1098), each month, from the
collections made under Section 9 of the Use Tax Act, Section 9
of the Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation Tax Act,
the Department shall pay into the Tax Compliance and
Administration Fund, to be used, subject to appropriation, to
fund additional auditors and compliance personnel at the
Department of Revenue, an amount equal to 1/12 of 5% of 80% of
the cash receipts collected during the preceding fiscal year by
the Audit Bureau of the Department under the Use Tax Act, the
Service Use Tax Act, the Service Occupation Tax Act, the
Retailers' Occupation Tax Act, and associated local occupation
and use taxes administered by the Department.

Subject to payments of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, the Illinois
Tax Increment Fund, the Energy Infrastructure Fund, and the Tax
Compliance and Administration Fund as provided in this Section,
beginning on July 1, 2018 the Department shall pay each month
into the Downstate Public Transportation Fund the moneys
required to be so paid under Section 2-3 of the Downstate
Public Transportation Act.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the State
Treasury and 25% shall be reserved in a special account and
used only for the transfer to the Common School Fund as part of
the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
The Department may, upon separate written notice to a
taxpayer, require the taxpayer to prepare and file with the
Department on a form prescribed by the Department within not
less than 60 days after receipt of the notice an annual
information return for the tax year specified in the notice.
Such annual return to the Department shall include a statement
of gross receipts as shown by the retailer's last Federal
income tax return. If the total receipts of the business as
reported in the Federal income tax return do not agree with the
gross receipts reported to the Department of Revenue for the
same period, the retailer shall attach to his annual return a
schedule showing a reconciliation of the 2 amounts and the

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

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

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

payment of the full amount of tax due. The Department shall
impose this requirement when it finds that there is a
significant risk of loss of revenue to the State at such an
exhibition or event. Such a finding shall be based on evidence
that a substantial number of concessionaires or other sellers
who are not residents of Illinois will be engaging in the
business of selling tangible personal property at retail at the
exhibition or event, or other evidence of a significant risk of
loss of revenue to the State. The Department shall notify
concessionaires and other sellers affected by the imposition of
this requirement. In the absence of notification by the
Department, the concessionaires and other sellers shall file
their returns as otherwise required in this Section.
(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16;
99-933, eff. 1-27-17; 100-303, eff. 8-24-17; 100-363, eff.
7-1-18; revised 10-27-17.)
Section 220. The Property Tax Code is amended by changing
Sections 15-172, 21-95, and 21-265 as follows:
(35 ILCS 200/15-172)
Sec. 15-172. Senior Citizens Assessment Freeze Homestead
Exemption.
(a) This Section may be cited as the Senior Citizens
Assessment Freeze Homestead Exemption.
(b) As used in this Section:

"Applicant" means an individual who has filed an
application under this Section.
"Base amount" means the base year equalized assessed value
of the residence plus the first year's equalized assessed value
of any added improvements which increased the assessed value of
the residence after the base year.
"Base year" means the taxable year prior to the taxable
year for which the applicant first qualifies and applies for
the exemption provided that in the prior taxable year the
property was improved with a permanent structure that was
occupied as a residence by the applicant who was liable for
paying real property taxes on the property and who was either
(i) an owner of record of the property or had legal or
equitable interest in the property as evidenced by a written
instrument or (ii) had a legal or equitable interest as a
lessee in the parcel of property that was single family
residence. If in any subsequent taxable year for which the
applicant applies and qualifies for the exemption the equalized
assessed value of the residence is less than the equalized
assessed value in the existing base year (provided that such
equalized assessed value is not based on an assessed value that
results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years), then
that subsequent taxable year shall become the base year until a
new base year is established under the terms of this paragraph.
For taxable year 1999 only, the Chief County Assessment Officer

shall review (i) all taxable years for which the applicant
applied and qualified for the exemption and (ii) the existing
base year. The assessment officer shall select as the new base
year the year with the lowest equalized assessed value. An
equalized assessed value that is based on an assessed value
that results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years shall
not be considered the lowest equalized assessed value. The
selected year shall be the base year for taxable year 1999 and
thereafter until a new base year is established under the terms
of this paragraph.
"Chief County Assessment Officer" means the County
Assessor or Supervisor of Assessments of the county in which
the property is located.
"Equalized assessed value" means the assessed value as
equalized by the Illinois Department of Revenue.
"Household" means the applicant, the spouse of the
applicant, and all persons using the residence of the applicant
as their principal place of residence.
"Household income" means the combined income of the members
of a household for the calendar year preceding the taxable
year.
"Income" has the same meaning as provided in Section 3.07
of the Senior Citizens and Persons with Disabilities Property
Tax Relief Act, except that, beginning in assessment year 2001,
"income" does not include veteran's benefits.

"Internal Revenue Code of 1986" means the United States
Internal Revenue Code of 1986 or any successor law or laws
relating to federal income taxes in effect for the year
preceding the taxable year.
"Life care facility that qualifies as a cooperative" means
a facility as defined in Section 2 of the Life Care Facilities
Act.
"Maximum income limitation" means:
(1) $35,000 prior to taxable year 1999;
(2) $40,000 in taxable years 1999 through 2003;
(3) $45,000 in taxable years 2004 through 2005;
(4) $50,000 in taxable years 2006 and 2007;
(5) $55,000 in taxable years 2008 through 2016;
(6) for taxable year 2017, (i) $65,000 for qualified
property located in a county with 3,000,000 or more
inhabitants and (ii) $55,000 for qualified property
located in a county with fewer than 3,000,000 inhabitants;
and
(7) for taxable years 2018 and thereafter, $65,000 for
all qualified property.
"Residence" means the principal dwelling place and
appurtenant structures used for residential purposes in this
State occupied on January 1 of the taxable year by a household
and so much of the surrounding land, constituting the parcel
upon which the dwelling place is situated, as is used for
residential purposes. If the Chief County Assessment Officer

has established a specific legal description for a portion of
property constituting the residence, then that portion of
property shall be deemed the residence for the purposes of this
Section.
"Taxable year" means the calendar year during which ad
valorem property taxes payable in the next succeeding year are
levied.
(c) Beginning in taxable year 1994, a senior citizens
assessment freeze homestead exemption is granted for real
property that is improved with a permanent structure that is
occupied as a residence by an applicant who (i) is 65 years of
age or older during the taxable year, (ii) has a household
income that does not exceed the maximum income limitation,
(iii) is liable for paying real property taxes on the property,
and (iv) is an owner of record of the property or has a legal or
equitable interest in the property as evidenced by a written
instrument. This homestead exemption shall also apply to a
leasehold interest in a parcel of property improved with a
permanent structure that is a single family residence that is
occupied as a residence by a person who (i) is 65 years of age
or older during the taxable year, (ii) has a household income
that does not exceed the maximum income limitation, (iii) has a
legal or equitable ownership interest in the property as
lessee, and (iv) is liable for the payment of real property
taxes on that property.
In counties of 3,000,000 or more inhabitants, the amount of

the exemption for all taxable years is the equalized assessed
value of the residence in the taxable year for which
application is made minus the base amount. In all other
counties, the amount of the exemption is as follows: (i)
through taxable year 2005 and for taxable year 2007 and
thereafter, the amount of this exemption shall be the equalized
assessed value of the residence in the taxable year for which
application is made minus the base amount; and (ii) for taxable
year 2006, the amount of the exemption is as follows:
(1) For an applicant who has a household income of
$45,000 or less, the amount of the exemption is the
equalized assessed value of the residence in the taxable
year for which application is made minus the base amount.
(2) For an applicant who has a household income
exceeding $45,000 but not exceeding $46,250, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.8.
(3) For an applicant who has a household income
exceeding $46,250 but not exceeding $47,500, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.6.
(4) For an applicant who has a household income
exceeding $47,500 but not exceeding $48,750, the amount of
the exemption is (i) the equalized assessed value of the

residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.4.
(5) For an applicant who has a household income
exceeding $48,750 but not exceeding $50,000, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.2.
When the applicant is a surviving spouse of an applicant
for a prior year for the same residence for which an exemption
under this Section has been granted, the base year and base
amount for that residence are the same as for the applicant for
the prior year.
Each year at the time the assessment books are certified to
the County Clerk, the Board of Review or Board of Appeals shall
give to the County Clerk a list of the assessed values of
improvements on each parcel qualifying for this exemption that
were added after the base year for this parcel and that
increased the assessed value of the property.
In the case of land improved with an apartment building
owned and operated as a cooperative or a building that is a
life care facility that qualifies as a cooperative, the maximum
reduction from the equalized assessed value of the property is
limited to the sum of the reductions calculated for each unit
occupied as a residence by a person or persons (i) 65 years of
age or older, (ii) with a household income that does not exceed
the maximum income limitation, (iii) who is liable, by contract

with the owner or owners of record, for paying real property
taxes on the property, and (iv) who is an owner of record of a
legal or equitable interest in the cooperative apartment
building, other than a leasehold interest. In the instance of a
cooperative where a homestead exemption has been granted under
this Section, the cooperative association or its management
firm shall credit the savings resulting from that exemption
only to the apportioned tax liability of the owner who
qualified for the exemption. Any person who willfully refuses
to credit that savings to an owner who qualifies for the
exemption is guilty of a Class B misdemeanor.
When a homestead exemption has been granted under this
Section and an applicant then becomes a resident of a facility
licensed under the Assisted Living and Shared Housing Act, the
Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, or
the MC/DD Act, the exemption shall be granted in subsequent
years so long as the residence (i) continues to be occupied by
the qualified applicant's spouse or (ii) if remaining
unoccupied, is still owned by the qualified applicant for the
homestead exemption.
Beginning January 1, 1997, when an individual dies who
would have qualified for an exemption under this Section, and
the surviving spouse does not independently qualify for this
exemption because of age, the exemption under this Section
shall be granted to the surviving spouse for the taxable year

preceding and the taxable year of the death, provided that,
except for age, the surviving spouse meets all other
qualifications for the granting of this exemption for those
years.
When married persons maintain separate residences, the
exemption provided for in this Section may be claimed by only
one of such persons and for only one residence.
For taxable year 1994 only, in counties having less than
3,000,000 inhabitants, to receive the exemption, a person shall
submit an application by February 15, 1995 to the Chief County
Assessment Officer of the county in which the property is
located. In counties having 3,000,000 or more inhabitants, for
taxable year 1994 and all subsequent taxable years, to receive
the exemption, a person may submit an application to the Chief
County Assessment Officer of the county in which the property
is located during such period as may be specified by the Chief
County Assessment Officer. The Chief County Assessment Officer
in counties of 3,000,000 or more inhabitants shall annually
give notice of the application period by mail or by
publication. In counties having less than 3,000,000
inhabitants, beginning with taxable year 1995 and thereafter,
to receive the exemption, a person shall submit an application
by July 1 of each taxable year to the Chief County Assessment
Officer of the county in which the property is located. A
county may, by ordinance, establish a date for submission of
applications that is different than July 1. The applicant shall

submit with the application an affidavit of the applicant's
total household income, age, marital status (and if married the
name and address of the applicant's spouse, if known), and
principal dwelling place of members of the household on January
1 of the taxable year. The Department shall establish, by rule,
a method for verifying the accuracy of affidavits filed by
applicants under this Section, and the Chief County Assessment
Officer may conduct audits of any taxpayer claiming an
exemption under this Section to verify that the taxpayer is
eligible to receive the exemption. Each application shall
contain or be verified by a written declaration that it is made
under the penalties of perjury. A taxpayer's signing a
fraudulent application under this Act is perjury, as defined in
Section 32-2 of the Criminal Code of 2012. The applications
shall be clearly marked as applications for the Senior Citizens
Assessment Freeze Homestead Exemption and must contain a notice
that any taxpayer who receives the exemption is subject to an
audit by the Chief County Assessment Officer.
Notwithstanding any other provision to the contrary, in
counties having fewer than 3,000,000 inhabitants, if an
applicant fails to file the application required by this
Section in a timely manner and this failure to file is due to a
mental or physical condition sufficiently severe so as to
render the applicant incapable of filing the application in a
timely manner, the Chief County Assessment Officer may extend
the filing deadline for a period of 30 days after the applicant

regains the capability to file the application, but in no case
may the filing deadline be extended beyond 3 months of the
original filing deadline. In order to receive the extension
provided in this paragraph, the applicant shall provide the
Chief County Assessment Officer with a signed statement from
the applicant's physician, advanced practice registered nurse,
or physician assistant stating the nature and extent of the
condition, that, in the physician's, advanced practice
registered nurse's, or physician assistant's opinion, the
condition was so severe that it rendered the applicant
incapable of filing the application in a timely manner, and the
date on which the applicant regained the capability to file the
application.
Beginning January 1, 1998, notwithstanding any other
provision to the contrary, in counties having fewer than
3,000,000 inhabitants, if an applicant fails to file the
application required by this Section in a timely manner and
this failure to file is due to a mental or physical condition
sufficiently severe so as to render the applicant incapable of
filing the application in a timely manner, the Chief County
Assessment Officer may extend the filing deadline for a period
of 3 months. In order to receive the extension provided in this
paragraph, the applicant shall provide the Chief County
Assessment Officer with a signed statement from the applicant's
physician, advanced practice registered nurse, or physician
assistant stating the nature and extent of the condition, and

that, in the physician's, advanced practice registered
nurse's, or physician assistant's opinion, the condition was so
severe that it rendered the applicant incapable of filing the
application in a timely manner.
In counties having less than 3,000,000 inhabitants, if an
applicant was denied an exemption in taxable year 1994 and the
denial occurred due to an error on the part of an assessment
official, or his or her agent or employee, then beginning in
taxable year 1997 the applicant's base year, for purposes of
determining the amount of the exemption, shall be 1993 rather
than 1994. In addition, in taxable year 1997, the applicant's
exemption shall also include an amount equal to (i) the amount
of any exemption denied to the applicant in taxable year 1995
as a result of using 1994, rather than 1993, as the base year,
(ii) the amount of any exemption denied to the applicant in
taxable year 1996 as a result of using 1994, rather than 1993,
as the base year, and (iii) the amount of the exemption
erroneously denied for taxable year 1994.
For purposes of this Section, a person who will be 65 years
of age during the current taxable year shall be eligible to
apply for the homestead exemption during that taxable year.
Application shall be made during the application period in
effect for the county of his or her residence.
The Chief County Assessment Officer may determine the
eligibility of a life care facility that qualifies as a
cooperative to receive the benefits provided by this Section by

use of an affidavit, application, visual inspection,
questionnaire, or other reasonable method in order to insure
that the tax savings resulting from the exemption are credited
by the management firm to the apportioned tax liability of each
qualifying resident. The Chief County Assessment Officer may
request reasonable proof that the management firm has so
credited that exemption.
Except as provided in this Section, all information
received by the chief county assessment officer or the
Department from applications filed under this Section, or from
any investigation conducted under the provisions of this
Section, shall be confidential, except for official purposes or
pursuant to official procedures for collection of any State or
local tax or enforcement of any civil or criminal penalty or
sanction imposed by this Act or by any statute or ordinance
imposing a State or local tax. Any person who divulges any such
information in any manner, except in accordance with a proper
judicial order, is guilty of a Class A misdemeanor.
Nothing contained in this Section shall prevent the
Director or chief county assessment officer from publishing or
making available reasonable statistics concerning the
operation of the exemption contained in this Section in which
the contents of claims are grouped into aggregates in such a
way that information contained in any individual claim shall
not be disclosed.
Notwithstanding any other provision of law, for taxable

year 2017 and thereafter, in counties of 3,000,000 or more
inhabitants, the amount of the exemption shall be the greater
of (i) the amount of the exemption otherwise calculated under
this Section or (ii) $2,000.
(d) Each Chief County Assessment Officer shall annually
publish a notice of availability of the exemption provided
under this Section. The notice shall be published at least 60
days but no more than 75 days prior to the date on which the
application must be submitted to the Chief County Assessment
Officer of the county in which the property is located. The
notice shall appear in a newspaper of general circulation in
the county.
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. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
99-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-401, eff.
8-25-17; 100-513, eff. 1-1-18; revised 9-25-17.)
(35 ILCS 200/21-95)
Sec. 21-95. Tax abatement after acquisition by a
governmental unit. When any county, municipality, school
district, forest preserve district, or park district acquires
property through the foreclosure of a lien, through a judicial
deed, through the foreclosure of receivership certificate
lien, or by acceptance of a deed of conveyance in lieu of

foreclosing any lien against the property, or when a government
unit acquires property under the Abandoned Housing
Rehabilitation Act or a blight reduction or abandoned property
program administered by the Illinois Housing Development
Authority, or when any county or other taxing district acquires
a deed for property under Section 21-90 or Sections 21-145 and
21-260, or when any county, municipality, school district,
forest preserve district, or park district acquires title to
property that was to be transferred to that county,
municipality, school district, forest preserve district, or
park district under the terms of an annexation agreement,
development agreement, donation agreement, plat of
subdivision, or zoning ordinance by an entity that has been
dissolved or is being dissolved or has been in bankruptcy
proceedings or is in bankruptcy proceedings, all due or unpaid
property taxes and existing liens for unpaid property taxes
imposed or pending under any law or ordinance of this State or
any of its political subdivisions shall become null and void.
(Source: P.A. 100-314; eff. 8-24-17; 100-445, eff. 1-1-18;
revised 9-22-17.)
(35 ILCS 200/21-265)
Sec. 21-265. Scavenger sale; persons ineligible to bid or
purchase. (a) No person, except a unit of local government,
shall be eligible to bid or receive a certificate of purchase
at any sale under Section 21-260 unless that person has

completed and delivered to the county clerk a true, accurate
and complete application for certificate of purchase which
shall affirm that:
(1) the person has not bid upon or applied to purchase
any property at the sale for a person who is the party or
agent of the party who owns the property or is responsible
for the payment of the delinquent taxes;
(2) the person is not, nor is he or she the agent for,
the owner or party responsible for payment of the general
taxes on any property which is located in the same county
in which the sale is held and which is tax delinquent or
forfeited for all or any part of each of 2 or more years,
excepting any year for which a certificate of error issued
under Sections 14-15, 14-20, and 14-25 is pending for
adjudication; and
(3) the person, although otherwise eligible to bid, has
not either directly or through an agent twice during the
same sale failed to complete a purchase by the immediate
payment of the minimum bid or the payment of the balance of
a bid within the time provided by Section 21-260.
(Source: P.A. 86-949; 87-669; 88-455; revised 9-22-17.)
Section 225. The Mobile Home Local Services Tax Enforcement
Act is amended by changing Section 205 as follows:
(35 ILCS 516/205)

Sec. 205. Scavenger sale; persons ineligible to bid or
purchase. (a) No person, except a unit of local government,
shall be eligible to bid or receive a certificate of purchase
at any sale under Section 200 unless that person has completed
and delivered to the county clerk a true, accurate, and
complete application for certificate of purchase which shall
affirm that:
(1) the person has not bid upon or applied to purchase
any mobile home at the sale for a person who is the party
or agent of the party who owns the mobile home or is
responsible for the payment of the delinquent taxes;
(2) the person is not, nor is he or she the agent for,
the owner or party responsible for payment of the taxes on
any mobile home which is located in the same county in
which the sale is held and which is tax delinquent or
forfeited for all or any part of each of 2 or more years;
and
(3) the person, although otherwise eligible to bid, has
not either directly or through an agent twice during the
same sale failed to complete a purchase by the immediate
payment of the minimum bid or the payment of the balance of
a bid within the time provided by Section 200.
(Source: P.A. 92-807, eff. 1-1-03; revised 9-22-17.)
Section 230. The Water Company Invested Capital Tax Act is
amended by changing Section 2 as follows:

(35 ILCS 625/2) (from Ch. 120, par. 1412)
Sec. 2. Definitions. As used in this Section, the following
words and phrases shall have the meanings ascribed herein
unless the context clearly requires otherwise:
"Department" means the Department of Revenue of the State
of Illinois.
"Director" means the Director of Revenue for the Department
of Revenue of the State of Illinois.
"Taxpayer" means a person engaged in the business of
distributing, supplying, furnishing or selling water for use or
consumption and not for resale or distributing, supplying,
furnishing or selling water for use or consumption and
providing sewerage disposal service.
"Person" means any natural individual, firm, trust,
estate, partnership, association, joint stock company, joint
adventure, corporation, limited liability company, or a
receiver, trustee, conservator or other representative
appointed by order of any court, or any city, town, county or
other political subdivision of this State.
"Water company" means and includes every corporation,
company, association, joint stock company or association,
firm, partnership or individual, their lessees, trustees, or
receivers appointed by any court whatsoever that is regulated
by the Illinois Commerce Commission under the Public Utilities
Act "An Act concerning public utilities", approved June 29,

1921, as amended, and that owns, controls, operates, or
manages, within this State, directly or indirectly, for public
use, any plant, equipment or property used or to be used for or
in connection with, or owns or controls any franchise, license,
permit or right to engage in:
(A) the production, storage, transmission, sale,
delivery or furnishing of water; or
(B) the production, storage, transmission, sale,
delivery or furnishing of water and the disposal of
sewerage.
"Water company" does not include, however, water
companies, as defined in this Section, that are owned and
operated by any political subdivision or municipal corporation
of this State, or owned by such political subdivision or
municipal corporation and operated by any of its lessees or
operating agents, or which are purely mutual concerns, having
no rates or charges for services, but paying the operating
expenses by assessment upon the members of such a company and
no other person.
"Invested capital" means that amount equal to (i) the
average of the balances at the beginning and end of the taxable
period of the taxpayer's total stockholder's equity and total
long-term debt, less investments in and advances to all
corporations, as set forth on the balance sheets included in
the taxpayer's annual report to the Illinois Commerce
Commission for the taxable period; (ii) multiplied by a

fraction determined under Sections 301 and 304(a) of the
"Illinois Income Tax Act" and reported on the Illinois income
tax return for the taxable period ending in or with the taxable
period in question. However, notwithstanding the income tax
return reporting requirement stated above, beginning July 1,
1979, no taxpayer's denominators used to compute the sales,
property or payroll factors under subsection (a) of Section 304
of the Illinois Income Tax Act shall include payroll, property
or sales of any corporate entity other than the taxpayer for
the purposes of determining an allocation for the invested
capital tax. Public Act 82-1024 This amendatory Act of 1982 is
not intended to and does not make any change in the meaning of
any provision of this Act, it having been the intent of the
General Assembly in initially enacting the definition of
"invested capital" to provide for apportionment of the invested
capital of each company, based solely upon the sales, property
and payroll of that company.
"Taxable period" means each period which ends after August
14, 1979 and which is covered by an annual report filed by the
taxpayer with the Illinois Commerce Commission.
(Source: P.A. 88-480; revised 10-11-17.)
Section 235. The Illinois Pension Code is amended by
changing Sections 1-113.22, 3-143, 7-172, 8-251, 11-223.1,
11-230, and 16-158 as follows:

(40 ILCS 5/1-113.22)
Sec. 1-113.22. Required disclosures from consultants;
minority-owned minority owned businesses, women-owned female
owned businesses, and businesses owned by persons with a
disability.
(a) No later than January 1, 2018 and each January 1
thereafter, each consultant retained by the board of a
retirement system, board of a pension fund, or investment board
shall disclose to that board of the retirement system, board of
the pension fund, or investment board:
(1) the total number of searches for investment
services made by the consultant in the prior calendar year;
(2) the total number of searches for investment
services made by the consultant in the prior calendar year
that included (i) a minority-owned minority owned
business, (ii) a women-owned female owned business, or
(iii) a business owned by a person with a disability;
(3) the total number of searches for investment
services made by the consultant in the prior calendar year
in which the consultant recommended for selection (i) a
minority-owned minority owned business, (ii) a women-owned
female owned business, or (iii) a business owned by a
person with a disability;
(4) the total number of searches for investment
services made by the consultant in the prior calendar year
that resulted in the selection of (i) a minority-owned

minority owned business, (ii) a women-owned female owned
business, or (iii) a business owned by a person with a
disability; and
(5) the total dollar amount of investment made in the
previous calendar year with (i) a minority-owned minority
owned business, (ii) a women-owned female owned business,
or (iii) a business owned by a person with a disability
that was selected after a search for investment services
performed by the consultant.
(b) Beginning January 1, 2018, no contract, oral or
written, for consulting services shall be awarded by a board of
a retirement system, a board of a pension fund, or an
investment board without first requiring the consultant to make
the disclosures required in subsection (a) of this Section.
(c) The disclosures required by subsection (b) of this
Section shall be considered, within the bounds of financial and
fiduciary prudence, prior to the awarding of a contract, oral
or written, for consulting services.
(d) As used in this Section, the terms "minority person",
"woman" "female", "person with a disability", "minority-owned
minority owned business", "women-owned female owned business",
and "business owned by a person with a disability" have the
same meaning as those terms have in the Business Enterprise for
Minorities, Women Females, and Persons with Disabilities Act.
(Source: P.A. 100-542, eff. 11-8-17; revised 12-14-17.)

(40 ILCS 5/3-143) (from Ch. 108 1/2, par. 3-143)
Sec. 3-143. Report by pension board.
(a) The pension board shall report annually to the city
council or board of trustees of the municipality on the
condition of the pension fund at the end of its most recently
completed fiscal year. The report shall be made prior to the
council or board meeting held for the levying of taxes for the
year for which the report is made.
The pension board shall certify and provide the following
information to the city council or board of trustees of the
municipality:
(1) the total assets of the fund in its custody at the
end of the fiscal year and the current market value of
those assets;
(2) the estimated receipts during the next succeeding
fiscal year from deductions from the salaries of police
officers, and from all other sources;
(3) the estimated amount required during the next
succeeding fiscal year to (a) pay all pensions and other
obligations provided in this Article, and (b) to meet the
annual requirements of the fund as provided in Sections
3-125 and 3-127;
(4) the total net income received from investment of
assets along with the assumed investment return and actual
investment return received by the fund during its most
recently completed fiscal year compared to the total net

income, assumed investment return, and actual investment
return received during the preceding fiscal year;
(5) the total number of active employees who are
financially contributing to the fund;
(6) the total amount that was disbursed in benefits
during the fiscal year, including the number of and total
amount disbursed to (i) annuitants in receipt of a regular
retirement pension, (ii) recipients being paid a
disability pension, and (iii) survivors and children in
receipt of benefits;
(7) the funded ratio of the fund;
(8) the unfunded liability carried by the fund, along
with an actuarial explanation of the unfunded liability;
and
(9) the investment policy of the pension board under
the statutory investment restrictions imposed on the fund.
Before the pension board makes its report, the municipality
shall have the assets of the fund and their current market
value verified by an independent certified public accountant of
its choice.
(b) The municipality is authorized to publish the report
submitted under this Section. This publication may be made,
without limitation, by publication in a local newspaper of
general circulation in the municipality or by publication on
the municipality's Internet website. If the municipality
publishes the report, then that publication must include all of

the information submitted by the pension board under subsection
(a).
(Source: P.A. 95-950, eff. 8-29-08; revised 11-8-17.)
(40 ILCS 5/7-172) (from Ch. 108 1/2, par. 7-172)
Sec. 7-172. Contributions by participating municipalities
and participating instrumentalities.
(a) Each participating municipality and each participating
instrumentality shall make payment to the fund as follows:
1. municipality contributions in an amount determined
by applying the municipality contribution rate to each
payment of earnings paid to each of its participating
employees;
2. an amount equal to the employee contributions
provided by paragraph (a) of Section 7-173, whether or not
the employee contributions are withheld as permitted by
that Section;
3. all accounts receivable, together with interest
charged thereon, as provided in Section 7-209, and any
amounts due under subsection (a-5) of Section 7-144;
4. if it has no participating employees with current
earnings, an amount payable which, over a closed period of
20 years for participating municipalities and 10 years for
participating instrumentalities, will amortize, at the
effective rate for that year, any unfunded obligation. The
unfunded obligation shall be computed as provided in

paragraph 2 of subsection (b);
5. if it has fewer than 7 participating employees or a
negative balance in its municipality reserve, the greater
of (A) an amount payable that, over a period of 20 years,
will amortize at the effective rate for that year any
unfunded obligation, computed as provided in paragraph 2 of
subsection (b) or (B) the amount required by paragraph 1 of
this subsection (a).
(b) A separate municipality contribution rate shall be
determined for each calendar year for all participating
municipalities together with all instrumentalities thereof.
The municipality contribution rate shall be determined for
participating instrumentalities as if they were participating
municipalities. The municipality contribution rate shall be
the sum of the following percentages:
1. The percentage of earnings of all the participating
employees of all participating municipalities and
participating instrumentalities which, if paid over the
entire period of their service, will be sufficient when
combined with all employee contributions available for the
payment of benefits, to provide all annuities for
participating employees, and the $3,000 death benefit
payable under Sections 7-158 and 7-164, such percentage to
be known as the normal cost rate.
2. The percentage of earnings of the participating
employees of each participating municipality and

participating instrumentalities necessary to adjust for
the difference between the present value of all benefits,
excluding temporary and total and permanent disability and
death benefits, to be provided for its participating
employees and the sum of its accumulated municipality
contributions and the accumulated employee contributions
and the present value of expected future employee and
municipality contributions pursuant to subparagraph 1 of
this paragraph (b). This adjustment shall be spread over a
period determined by the Board, not to exceed 30 years for
participating municipalities or 10 years for participating
instrumentalities.
3. The percentage of earnings of the participating
employees of all municipalities and participating
instrumentalities necessary to provide the present value
of all temporary and total and permanent disability
benefits granted during the most recent year for which
information is available.
4. The percentage of earnings of the participating
employees of all participating municipalities and
participating instrumentalities necessary to provide the
present value of the net single sum death benefits expected
to become payable from the reserve established under
Section 7-206 during the year for which this rate is fixed.
5. The percentage of earnings necessary to meet any
deficiency arising in the Terminated Municipality Reserve.

(c) A separate municipality contribution rate shall be
computed for each participating municipality or participating
instrumentality for its sheriff's law enforcement employees.
A separate municipality contribution rate shall be
computed for the sheriff's law enforcement employees of each
forest preserve district that elects to have such employees.
For the period from January 1, 1986 to December 31, 1986, such
rate shall be the forest preserve district's regular rate plus
2%.
In the event that the Board determines that there is an
actuarial deficiency in the account of any municipality with
respect to a person who has elected to participate in the Fund
under Section 3-109.1 of this Code, the Board may adjust the
municipality's contribution rate so as to make up that
deficiency over such reasonable period of time as the Board may
determine.
(d) The Board may establish a separate municipality
contribution rate for all employees who are program
participants employed under the federal Comprehensive
Employment Training Act by all of the participating
municipalities and instrumentalities. The Board may also
provide that, in lieu of a separate municipality rate for these
employees, a portion of the municipality contributions for such
program participants shall be refunded or an extra charge
assessed so that the amount of municipality contributions
retained or received by the fund for all CETA program

participants shall be an amount equal to that which would be
provided by the separate municipality contribution rate for all
such program participants. Refunds shall be made to prime
sponsors of programs upon submission of a claim therefor and
extra charges shall be assessed to participating
municipalities and instrumentalities. In establishing the
municipality contribution rate as provided in paragraph (b) of
this Section, the use of a separate municipality contribution
rate for program participants or the refund of a portion of the
municipality contributions, as the case may be, may be
considered.
(e) Computations of municipality contribution rates for
the following calendar year shall be made prior to the
beginning of each year, from the information available at the
time the computations are made, and on the assumption that the
employees in each participating municipality or participating
instrumentality at such time will continue in service until the
end of such calendar year at their respective rates of earnings
at such time.
(f) Any municipality which is the recipient of State
allocations representing that municipality's contributions for
retirement annuity purposes on behalf of its employees as
provided in Section 12-21.16 of the Illinois Public Aid Code
shall pay the allocations so received to the Board for such
purpose. Estimates of State allocations to be received during
any taxable year shall be considered in the determination of

the municipality's tax rate for that year under Section 7-171.
If a special tax is levied under Section 7-171, none of the
proceeds may be used to reimburse the municipality for the
amount of State allocations received and paid to the Board. Any
multiple-county or consolidated health department which
receives contributions from a county under Section 11.2 of "An
Act in relation to establishment and maintenance of county and
multiple-county health departments", approved July 9, 1943, as
amended, or distributions under Section 3 of the Department of
Public Health Act, shall use these only for municipality
contributions by the health department.
(g) Municipality contributions for the several purposes
specified shall, for township treasurers and employees in the
offices of the township treasurers who meet the qualifying
conditions for coverage hereunder, be allocated among the
several school districts and parts of school districts serviced
by such treasurers and employees in the proportion which the
amount of school funds of each district or part of a district
handled by the treasurer bears to the total amount of all
school funds handled by the treasurer.
From the funds subject to allocation among districts and
parts of districts pursuant to the School Code, the trustees
shall withhold the proportionate share of the liability for
municipality contributions imposed upon such districts by this
Section, in respect to such township treasurers and employees
and remit the same to the Board.

The municipality contribution rate for an educational
service center shall initially be the same rate for each year
as the regional office of education or school district which
serves as its administrative agent. When actuarial data become
available, a separate rate shall be established as provided in
subparagraph (i) of this Section.
The municipality contribution rate for a public agency,
other than a vocational education cooperative, formed under the
Intergovernmental Cooperation Act shall initially be the
average rate for the municipalities which are parties to the
intergovernmental agreement. When actuarial data become
available, a separate rate shall be established as provided in
subparagraph (i) of this Section.
(h) Each participating municipality and participating
instrumentality shall make the contributions in the amounts
provided in this Section in the manner prescribed from time to
time by the Board and all such contributions shall be
obligations of the respective participating municipalities and
participating instrumentalities to this fund. The failure to
deduct any employee contributions shall not relieve the
participating municipality or participating instrumentality of
its obligation to this fund. Delinquent payments of
contributions due under this Section may, with interest, be
recovered by civil action against the participating
municipalities or participating instrumentalities.
Municipality contributions, other than the amount necessary

for employee contributions, for periods of service by employees
from whose earnings no deductions were made for employee
contributions to the fund, may be charged to the municipality
reserve for the municipality or participating instrumentality.
(i) Contributions by participating instrumentalities shall
be determined as provided herein except that the percentage
derived under subparagraph 2 of paragraph (b) of this Section,
and the amount payable under subparagraph 4 of paragraph (a) of
this Section, shall be based on an amortization period of 10
years.
(j) Notwithstanding the other provisions of this Section,
the additional unfunded liability accruing as a result of
Public Act 94-712 this amendatory Act of the 94th General
Assembly shall be amortized over a period of 30 years beginning
on January 1 of the second calendar year following the calendar
year in which Public Act 94-712 this amendatory Act takes
effect, except that the employer may provide for a longer
amortization period by adopting a resolution or ordinance
specifying a 35-year or 40-year period and submitting a
certified copy of the ordinance or resolution to the fund no
later than June 1 of the calendar year following the calendar
year in which Public Act 94-712 this amendatory Act takes
effect.
(k) If the amount of a participating employee's reported
earnings for any of the 12-month periods used to determine the
final rate of earnings exceeds the employee's 12-month 12 month

reported earnings with the same employer for the previous year
by the greater of 6% or 1.5 times the annual increase in the
Consumer Price Index-U, as established by the United States
Department of Labor for the preceding September, the
participating municipality or participating instrumentality
that paid those earnings shall pay to the Fund, in addition to
any other contributions required under this Article, the
present value of the increase in the pension resulting from the
portion of the increase in reported earnings that is in excess
of the greater of 6% or 1.5 times the annual increase in the
Consumer Price Index-U, as determined by the Fund. This present
value shall be computed on the basis of the actuarial
assumptions and tables used in the most recent actuarial
valuation of the Fund that is available at the time of the
computation.
Whenever it determines that a payment is or may be required
under this subsection (k), the fund shall calculate the amount
of the payment and bill the participating municipality or
participating instrumentality for that amount. The bill shall
specify the calculations used to determine the amount due. If
the participating municipality or participating
instrumentality disputes the amount of the bill, it may, within
30 days after receipt of the bill, apply to the fund in writing
for a recalculation. The application must specify in detail the
grounds of the dispute. Upon receiving a timely application for
recalculation, the fund shall review the application and, if

appropriate, recalculate the amount due. The participating
municipality and participating instrumentality contributions
required under this subsection (k) may be paid in the form of a
lump sum within 90 days after receipt of the bill. If the
participating municipality and participating instrumentality
contributions are not paid within 90 days after receipt of the
bill, then interest will be charged at a rate equal to the
fund's annual actuarially assumed rate of return on investment
compounded annually from the 91st day after receipt of the
bill. Payments must be concluded within 3 years after receipt
of the bill by the participating municipality or participating
instrumentality.
When assessing payment for any amount due under this
subsection (k), the fund shall exclude earnings increases
resulting from overload or overtime earnings.
When assessing payment for any amount due under this
subsection (k), the fund shall exclude earnings increases
resulting from payments for unused vacation time, but only for
payments for unused vacation time made in the final 3 months of
the final rate of earnings period.
When assessing payment for any amount due under this
subsection (k), the fund shall also exclude earnings increases
attributable to standard employment promotions resulting in
increased responsibility and workload.
This subsection (k) does not apply to earnings increases
paid to individuals under contracts or collective bargaining

agreements entered into, amended, or renewed before January 1,
2012 (the effective date of Public Act 97-609), earnings
increases paid to members who are 10 years or more from
retirement eligibility, or earnings increases resulting from
an increase in the number of hours required to be worked.
When assessing payment for any amount due under this
subsection (k), the fund shall also exclude earnings
attributable to personnel policies adopted before January 1,
2012 (the effective date of Public Act 97-609) as long as those
policies are not applicable to employees who begin service on
or after January 1, 2012 (the effective date of Public Act
97-609).
The change made to this Section by Public Act 100-139 this
amendatory Act of the 100th General Assembly is a clarification
of existing law and is intended to be retroactive to January 1,
2012 (the effective date of Public Act 97-609).
(Source: P.A. 99-745, eff. 8-5-16; 100-139, eff. 8-18-17;
100-411, eff. 8-25-17; revised 9-25-17.)
(40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)
Sec. 8-251. Felony conviction. None of the benefits
provided for in this Article shall be paid to any person who is
convicted of any felony relating to or arising out of or in
connection with his service as a municipal employee.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor

benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the employee from
whom the benefit results.
This Section shall not operate to impair any contract or
vested right heretofore acquired under any law or laws
continued in this Article, nor to preclude the right to a
refund, and for the changes under Public Act 100-334 this
amendatory Act of the 100th General Assembly, shall not impair
any contract or vested right acquired by a survivor prior to
August 25, 2017 (the effective date of Public Act 100-334) this
amendatory Act of the 100th General Assembly.
Any refund required under this Article shall be calculated
based on that person's contributions to the Fund, less the
amount of any annuity benefit previously received by the person
or his or her beneficiaries. The changes made to this Section
by Public Act 100-23 this amendatory Act of the 100th General
Assembly apply only to persons who first become participants
under this Article on or after July 6, 2017 (the effective date
of Public Act 100-23) this amendatory Act of the 100th General
Assembly.
All future entrants entering service subsequent to July 11,
1955 shall be deemed to have consented to the provisions of
this Section as a condition of coverage, and all participants
entering service subsequent to August 25, 2017 (the effective
date of Public Act 100-334) this amendatory Act of the 100th
General Assembly shall be deemed to have consented to the

provisions of Public Act 100-334 this amendatory Act as a
condition of participation.
(Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17;
revised 9-28-17.)
(40 ILCS 5/11-223.1) (from Ch. 108 1/2, par. 11-223.1)
Sec. 11-223.1. Assignment for health, hospital, and
medical insurance. The board may provide, by regulation, that
any annuitant or pensioner, may assign his annuity or
disability benefit, or any part thereof, for the purpose of
premium payment for a membership for the annuitant, and his or
her spouse and children, in a hospital care plan or medical
surgical plan, provided, however, that the board may, in its
discretion, terminate the right of assignment. Any such
hospital or medical insurance plan may include provision for
the beneficiaries thereof who rely on treatment by spiritual
means alone through prayer for healing in accordance with the
tenets and practice of a well-recognized well recognized
religious denomination.
Upon the adoption of a regulation permitting such
assignment, the board shall establish and administer a plan for
the maintenance of the insurance plan membership by the
annuitant or pensioner.
(Source: P.A. 100-23, eff. 7-6-17; revised 9-25-17.)
(40 ILCS 5/11-230) (from Ch. 108 1/2, par. 11-230)

Sec. 11-230. Felony conviction. None of the benefits
provided in this Article shall be paid to any person who is
convicted of any felony relating to or arising out of or in
connection with his service as employee.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the employee from
whom the benefit results.
This Section shall not operate to impair any contract or
vested right heretofore acquired under any law or laws
continued in this Article, nor to preclude the right to a
refund, and for the changes under Public Act 100-334 this
amendatory Act of the 100th General Assembly, shall not impair
any contract or vested right acquired by a survivor prior to
August 25, 2017 (the effective date of Public Act 100-334) this
amendatory Act of the 100th General Assembly.
Any refund required under this Article shall be calculated
based on that person's contributions to the Fund, less the
amount of any annuity benefit previously received by the person
or his or beneficiaries. The changes made to this Section by
Public Act 100-23 this amendatory Act of the 100th General
Assembly apply only to persons who first become members or
participants under this Article on or after July 6, 2017 (the
effective date of Public Act 100-23) this amendatory Act of the
100th General Assembly.

All future entrants entering service after July 11, 1955,
shall be deemed to have consented to the provisions of this
Section as a condition of coverage, and all participants
entering service subsequent to August 25, 2017 (the effective
date of Public Act 100-334) this amendatory Act of the 100th
General Assembly shall be deemed to have consented to the
provisions of Public Act 100-334 this amendatory Act as a
condition of participation.
(Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17;
revised 9-26-17.)
(40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)
Sec. 16-158. Contributions by State and other employing
units.
(a) The State shall make contributions to the System by
means of appropriations from the Common School Fund and other
State funds of amounts which, together with other employer
contributions, employee contributions, investment income, and
other income, will be sufficient to meet the cost of
maintaining and administering the System on a 90% funded basis
in accordance with actuarial recommendations.
The Board shall determine the amount of State contributions
required for each fiscal year on the basis of the actuarial
tables and other assumptions adopted by the Board and the
recommendations of the actuary, using the formula in subsection
(b-3).

(a-1) Annually, on or before November 15 until November 15,
2011, the Board shall certify to the Governor the amount of the
required State contribution for the coming fiscal year. The
certification under this subsection (a-1) shall include a copy
of the actuarial recommendations upon which it is based and
shall specifically identify the System's projected State
normal cost for that fiscal year.
On or before May 1, 2004, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2005, taking
into account the amounts appropriated to and received by the
System under subsection (d) of Section 7.2 of the General
Obligation Bond Act.
On or before July 1, 2005, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2006, taking
into account the changes in required State contributions made
by Public Act 94-4 this amendatory Act of the 94th General
Assembly.
On or before April 1, 2011, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2011, applying
the changes made by Public Act 96-889 to the System's assets
and liabilities as of June 30, 2009 as though Public Act 96-889
was approved on that date.
(a-5) On or before November 1 of each year, beginning

November 1, 2012, the Board shall submit to the State Actuary,
the Governor, and the General Assembly a proposed certification
of the amount of the required State contribution to the System
for the next fiscal year, along with all of the actuarial
assumptions, calculations, and data upon which that proposed
certification is based. On or before January 1 of each year,
beginning January 1, 2013, the State Actuary shall issue a
preliminary report concerning the proposed certification and
identifying, if necessary, recommended changes in actuarial
assumptions that the Board must consider before finalizing its
certification of the required State contributions. On or before
January 15, 2013 and each January 15 thereafter, the Board
shall certify to the Governor and the General Assembly the
amount of the required State contribution for the next fiscal
year. The Board's certification must note any deviations from
the State Actuary's recommended changes, the reason or reasons
for not following the State Actuary's recommended changes, and
the fiscal impact of not following the State Actuary's
recommended changes on the required State contribution.
(a-10) By November 1, 2017, the Board shall recalculate and
recertify to the State Actuary, the Governor, and the General
Assembly the amount of the State contribution to the System for
State fiscal year 2018, taking into account the changes in
required State contributions made by Public Act 100-23 this
amendatory Act of the 100th General Assembly. The State Actuary
shall review the assumptions and valuations underlying the

Board's revised certification and issue a preliminary report
concerning the proposed recertification and identifying, if
necessary, recommended changes in actuarial assumptions that
the Board must consider before finalizing its certification of
the required State contributions. The Board's final
certification must note any deviations from the State Actuary's
recommended changes, the reason or reasons for not following
the State Actuary's recommended changes, and the fiscal impact
of not following the State Actuary's recommended changes on the
required State contribution.
(b) Through State fiscal year 1995, the State contributions
shall be paid to the System in accordance with Section 18-7 of
the School Code.
(b-1) Beginning in State fiscal year 1996, on the 15th day
of each month, or as soon thereafter as may be practicable, the
Board shall submit vouchers for payment of State contributions
to the System, in a total monthly amount of one-twelfth of the
required annual State contribution certified under subsection
(a-1). From March 5, 2004 (the effective date of Public Act
93-665) this amendatory Act of the 93rd General Assembly
through June 30, 2004, the Board shall not submit vouchers for
the remainder of fiscal year 2004 in excess of the fiscal year
2004 certified contribution amount determined under this
Section after taking into consideration the transfer to the
System under subsection (a) of Section 6z-61 of the State
Finance Act. These vouchers shall be paid by the State

Comptroller and Treasurer by warrants drawn on the funds
appropriated to the System for that fiscal year.
If in any month the amount remaining unexpended from all
other appropriations to the System for the applicable fiscal
year (including the appropriations to the System under Section
8.12 of the State Finance Act and Section 1 of the State
Pension Funds Continuing Appropriation Act) is less than the
amount lawfully vouchered under this subsection, the
difference shall be paid from the Common School Fund under the
continuing appropriation authority provided in Section 1.1 of
the State Pension Funds Continuing Appropriation Act.
(b-2) Allocations from the Common School Fund apportioned
to school districts not coming under this System shall not be
diminished or affected by the provisions of this Article.
(b-3) For State fiscal years 2012 through 2045, the minimum
contribution to the System to be made by the State for each
fiscal year shall be an amount determined by the System to be
sufficient to bring the total assets of the System up to 90% of
the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the
required State contribution shall be calculated each year as a
level percentage of payroll over the years remaining to and
including fiscal year 2045 and shall be determined under the
projected unit credit actuarial cost method.
For each of State fiscal years 2018, 2019, and 2020, the
State shall make an additional contribution to the System equal

to 2% of the total payroll of each employee who is deemed to
have elected the benefits under Section 1-161 or who has made
the election under subsection (c) of Section 1-161.
A change in an actuarial or investment assumption that
increases or decreases the required State contribution and
first applies in State fiscal year 2018 or thereafter shall be
implemented in equal annual amounts over a 5-year period
beginning in the State fiscal year in which the actuarial
change first applies to the required State contribution.
A change in an actuarial or investment assumption that
increases or decreases the required State contribution and
first applied to the State contribution in fiscal year 2014,
2015, 2016, or 2017 shall be implemented:
(i) as already applied in State fiscal years before
2018; and
(ii) in the portion of the 5-year period beginning in
the State fiscal year in which the actuarial change first
applied that occurs in State fiscal year 2018 or
thereafter, by calculating the change in equal annual
amounts over that 5-year period and then implementing it at
the resulting annual rate in each of the remaining fiscal
years in that 5-year period.
For State fiscal years 1996 through 2005, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
so that by State fiscal year 2011, the State is contributing at

the rate required under this Section; except that in the
following specified State fiscal years, the State contribution
to the System shall not be less than the following indicated
percentages of the applicable employee payroll, even if the
indicated percentage will produce a State contribution in
excess of the amount otherwise required under this subsection
and subsection (a), and notwithstanding any contrary
certification made under subsection (a-1) before May 27, 1998
(the effective date of Public Act 90-582) this amendatory Act
of 1998: 10.02% in FY 1999; 10.77% in FY 2000; 11.47% in FY
2001; 12.16% in FY 2002; 12.86% in FY 2003; and 13.56% in FY
2004.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2006 is
$534,627,700.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2007 is
$738,014,500.
For each of State fiscal years 2008 through 2009, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
from the required State contribution for State fiscal year
2007, so that by State fiscal year 2011, the State is
contributing at the rate otherwise required under this Section.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2010 is

$2,089,268,000 and shall be made from the proceeds of bonds
sold in fiscal year 2010 pursuant to Section 7.2 of the General
Obligation Bond Act, less (i) the pro rata share of bond sale
expenses determined by the System's share of total bond
proceeds, (ii) any amounts received from the Common School Fund
in fiscal year 2010, and (iii) any reduction in bond proceeds
due to the issuance of discounted bonds, if applicable.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2011 is
the amount recertified by the System on or before April 1, 2011
pursuant to subsection (a-1) of this Section and shall be made
from the proceeds of bonds sold in fiscal year 2011 pursuant to
Section 7.2 of the General Obligation Bond Act, less (i) the
pro rata share of bond sale expenses determined by the System's
share of total bond proceeds, (ii) any amounts received from
the Common School Fund in fiscal year 2011, and (iii) any
reduction in bond proceeds due to the issuance of discounted
bonds, if applicable. This amount shall include, in addition to
the amount certified by the System, an amount necessary to meet
employer contributions required by the State as an employer
under paragraph (e) of this Section, which may also be used by
the System for contributions required by paragraph (a) of
Section 16-127.
Beginning in State fiscal year 2046, the minimum State
contribution for each fiscal year shall be the amount needed to
maintain the total assets of the System at 90% of the total

actuarial liabilities of the System.
Amounts received by the System pursuant to Section 25 of
the Budget Stabilization Act or Section 8.12 of the State
Finance Act in any fiscal year do not reduce and do not
constitute payment of any portion of the minimum State
contribution required under this Article in that fiscal year.
Such amounts shall not reduce, and shall not be included in the
calculation of, the required State contributions under this
Article in any future year until the System has reached a
funding ratio of at least 90%. A reference in this Article to
the "required State contribution" or any substantially similar
term does not include or apply to any amounts payable to the
System under Section 25 of the Budget Stabilization Act.
Notwithstanding any other provision of this Section, the
required State contribution for State fiscal year 2005 and for
fiscal year 2008 and each fiscal year thereafter, as calculated
under this Section and certified under subsection (a-1), shall
not exceed an amount equal to (i) the amount of the required
State contribution that would have been calculated under this
Section for that fiscal year if the System had not received any
payments under subsection (d) of Section 7.2 of the General
Obligation Bond Act, minus (ii) the portion of the State's
total debt service payments for that fiscal year on the bonds
issued in fiscal year 2003 for the purposes of that Section
7.2, as determined and certified by the Comptroller, that is
the same as the System's portion of the total moneys

distributed under subsection (d) of Section 7.2 of the General
Obligation Bond Act. In determining this maximum for State
fiscal years 2008 through 2010, however, the amount referred to
in item (i) shall be increased, as a percentage of the
applicable employee payroll, in equal increments calculated
from the sum of the required State contribution for State
fiscal year 2007 plus the applicable portion of the State's
total debt service payments for fiscal year 2007 on the bonds
issued in fiscal year 2003 for the purposes of Section 7.2 of
the General Obligation Bond Act, so that, by State fiscal year
2011, the State is contributing at the rate otherwise required
under this Section.
(b-4) Beginning in fiscal year 2018, each employer under
this Article shall pay to the System a required contribution
determined as a percentage of projected payroll and sufficient
to produce an annual amount equal to:
(i) for each of fiscal years 2018, 2019, and 2020, the
defined benefit normal cost of the defined benefit plan,
less the employee contribution, for each employee of that
employer who has elected or who is deemed to have elected
the benefits under Section 1-161 or who has made the
election under subsection (b) of Section 1-161; for fiscal
year 2021 and each fiscal year thereafter, the defined
benefit normal cost of the defined benefit plan, less the
employee contribution, plus 2%, for each employee of that
employer who has elected or who is deemed to have elected

the benefits under Section 1-161 or who has made the
election under subsection (b) of Section 1-161; plus
(ii) the amount required for that fiscal year to
amortize any unfunded actuarial accrued liability
associated with the present value of liabilities
attributable to the employer's account under Section
16-158.3, determined as a level percentage of payroll over
a 30-year rolling amortization period.
In determining contributions required under item (i) of
this subsection, the System shall determine an aggregate rate
for all employers, expressed as a percentage of projected
payroll.
In determining the contributions required under item (ii)
of this subsection, the amount shall be computed by the System
on the basis of the actuarial assumptions and tables used in
the most recent actuarial valuation of the System that is
available at the time of the computation.
The contributions required under this subsection (b-4)
shall be paid by an employer concurrently with that employer's
payroll payment period. The State, as the actual employer of an
employee, shall make the required contributions under this
subsection.
(c) Payment of the required State contributions and of all
pensions, retirement annuities, death benefits, refunds, and
other benefits granted under or assumed by this System, and all
expenses in connection with the administration and operation

thereof, are obligations of the State.
If members are paid from special trust or federal funds
which are administered by the employing unit, whether school
district or other unit, the employing unit shall pay to the
System from such funds the full accruing retirement costs based
upon that service, which, beginning July 1, 2017, shall be at a
rate, expressed as a percentage of salary, equal to the total
employer's normal cost, expressed as a percentage of payroll,
as determined by the System. Employer contributions, based on
salary paid to members from federal funds, may be forwarded by
the distributing agency of the State of Illinois to the System
prior to allocation, in an amount determined in accordance with
guidelines established by such agency and the System. Any
contribution for fiscal year 2015 collected as a result of the
change made by Public Act 98-674 this amendatory Act of the
98th General Assembly shall be considered a State contribution
under subsection (b-3) of this Section.
(d) Effective July 1, 1986, any employer of a teacher as
defined in paragraph (8) of Section 16-106 shall pay the
employer's normal cost of benefits based upon the teacher's
service, in addition to employee contributions, as determined
by the System. Such employer contributions shall be forwarded
monthly in accordance with guidelines established by the
System.
However, with respect to benefits granted under Section
16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)

of Section 16-106, the employer's contribution shall be 12%
(rather than 20%) of the member's highest annual salary rate
for each year of creditable service granted, and the employer
shall also pay the required employee contribution on behalf of
the teacher. For the purposes of Sections 16-133.4 and
16-133.5, a teacher as defined in paragraph (8) of Section
16-106 who is serving in that capacity while on leave of
absence from another employer under this Article shall not be
considered an employee of the employer from which the teacher
is on leave.
(e) Beginning July 1, 1998, every employer of a teacher
shall pay to the System an employer contribution computed as
follows:
(1) Beginning July 1, 1998 through June 30, 1999, the
employer contribution shall be equal to 0.3% of each
teacher's salary.
(2) Beginning July 1, 1999 and thereafter, the employer
contribution shall be equal to 0.58% of each teacher's
salary.
The school district or other employing unit may pay these
employer contributions out of any source of funding available
for that purpose and shall forward the contributions to the
System on the schedule established for the payment of member
contributions.
These employer contributions are intended to offset a
portion of the cost to the System of the increases in

retirement benefits resulting from Public Act 90-582 this
amendatory Act of 1998.
Each employer of teachers is entitled to a credit against
the contributions required under this subsection (e) with
respect to salaries paid to teachers for the period January 1,
2002 through June 30, 2003, equal to the amount paid by that
employer under subsection (a-5) of Section 6.6 of the State
Employees Group Insurance Act of 1971 with respect to salaries
paid to teachers for that period.
The additional 1% employee contribution required under
Section 16-152 by Public Act 90-582 this amendatory Act of 1998
is the responsibility of the teacher and not the teacher's
employer, unless the employer agrees, through collective
bargaining or otherwise, to make the contribution on behalf of
the teacher.
If an employer is required by a contract in effect on May
1, 1998 between the employer and an employee organization to
pay, on behalf of all its full-time employees covered by this
Article, all mandatory employee contributions required under
this Article, then the employer shall be excused from paying
the employer contribution required under this subsection (e)
for the balance of the term of that contract. The employer and
the employee organization shall jointly certify to the System
the existence of the contractual requirement, in such form as
the System may prescribe. This exclusion shall cease upon the
termination, extension, or renewal of the contract at any time

after May 1, 1998.
(f) If the amount of a teacher's salary for any school year
used to determine final average salary exceeds the member's
annual full-time salary rate with the same employer for the
previous school year by more than 6%, the teacher's employer
shall pay to the System, in addition to all other payments
required under this Section and in accordance with guidelines
established by the System, the present value of the increase in
benefits resulting from the portion of the increase in salary
that is in excess of 6%. This present value shall be computed
by the System on the basis of the actuarial assumptions and
tables used in the most recent actuarial valuation of the
System that is available at the time of the computation. If a
teacher's salary for the 2005-2006 school year is used to
determine final average salary under this subsection (f), then
the changes made to this subsection (f) by Public Act 94-1057
shall apply in calculating whether the increase in his or her
salary is in excess of 6%. For the purposes of this Section,
change in employment under Section 10-21.12 of the School Code
on or after June 1, 2005 shall constitute a change in employer.
The System may require the employer to provide any pertinent
information or documentation. The changes made to this
subsection (f) by Public Act 94-1111 this amendatory Act of the
94th General Assembly apply without regard to whether the
teacher was in service on or after its effective date.
Whenever it determines that a payment is or may be required

under this subsection, the System shall calculate the amount of
the payment and bill the employer for that amount. The bill
shall specify the calculations used to determine the amount
due. If the employer disputes the amount of the bill, it may,
within 30 days after receipt of the bill, apply to the System
in writing for a recalculation. The application must specify in
detail the grounds of the dispute and, if the employer asserts
that the calculation is subject to subsection (g) or (h) of
this Section, must include an affidavit setting forth and
attesting to all facts within the employer's knowledge that are
pertinent to the applicability of that subsection. Upon
receiving a timely application for recalculation, the System
shall review the application and, if appropriate, recalculate
the amount due.
The employer contributions required under this subsection
(f) may be paid in the form of a lump sum within 90 days after
receipt of the bill. If the employer contributions are not paid
within 90 days after receipt of the bill, then interest will be
charged at a rate equal to the System's annual actuarially
assumed rate of return on investment compounded annually from
the 91st day after receipt of the bill. Payments must be
concluded within 3 years after the employer's receipt of the
bill.
(g) This subsection (g) applies only to payments made or
salary increases given on or after June 1, 2005 but before July
1, 2011. The changes made by Public Act 94-1057 shall not

require the System to refund any payments received before July
31, 2006 (the effective date of Public Act 94-1057).
When assessing payment for any amount due under subsection
(f), the System shall exclude salary increases paid to teachers
under contracts or collective bargaining agreements entered
into, amended, or renewed before June 1, 2005.
When assessing payment for any amount due under subsection
(f), the System shall exclude salary increases paid to a
teacher at a time when the teacher is 10 or more years from
retirement eligibility under Section 16-132 or 16-133.2.
When assessing payment for any amount due under subsection
(f), the System shall exclude salary increases resulting from
overload work, including summer school, when the school
district has certified to the System, and the System has
approved the certification, that (i) the overload work is for
the sole purpose of classroom instruction in excess of the
standard number of classes for a full-time teacher in a school
district during a school year and (ii) the salary increases are
equal to or less than the rate of pay for classroom instruction
computed on the teacher's current salary and work schedule.
When assessing payment for any amount due under subsection
(f), the System shall exclude a salary increase resulting from
a promotion (i) for which the employee is required to hold a
certificate or supervisory endorsement issued by the State
Teacher Certification Board that is a different certification
or supervisory endorsement than is required for the teacher's

previous position and (ii) to a position that has existed and
been filled by a member for no less than one complete academic
year and the salary increase from the promotion is an increase
that results in an amount no greater than the lesser of the
average salary paid for other similar positions in the district
requiring the same certification or the amount stipulated in
the collective bargaining agreement for a similar position
requiring the same certification.
When assessing payment for any amount due under subsection
(f), the System shall exclude any payment to the teacher from
the State of Illinois or the State Board of Education over
which the employer does not have discretion, notwithstanding
that the payment is included in the computation of final
average salary.
(h) When assessing payment for any amount due under
subsection (f), the System shall exclude any salary increase
described in subsection (g) of this Section given on or after
July 1, 2011 but before July 1, 2014 under a contract or
collective bargaining agreement entered into, amended, or
renewed on or after June 1, 2005 but before July 1, 2011.
Notwithstanding any other provision of this Section, any
payments made or salary increases given after June 30, 2014
shall be used in assessing payment for any amount due under
subsection (f) of this Section.
(i) The System shall prepare a report and file copies of
the report with the Governor and the General Assembly by

January 1, 2007 that contains all of the following information:
(1) The number of recalculations required by the
changes made to this Section by Public Act 94-1057 for each
employer.
(2) The dollar amount by which each employer's
contribution to the System was changed due to
recalculations required by Public Act 94-1057.
(3) The total amount the System received from each
employer as a result of the changes made to this Section by
Public Act 94-4.
(4) The increase in the required State contribution
resulting from the changes made to this Section by Public
Act 94-1057.
(i-5) For school years beginning on or after July 1, 2017,
if the amount of a participant's salary for any school year,
determined on a full-time equivalent basis, exceeds the amount
of the salary set for the Governor, the participant's employer
shall pay to the System, in addition to all other payments
required under this Section and in accordance with guidelines
established by the System, an amount determined by the System
to be equal to the employer normal cost, as established by the
System and expressed as a total percentage of payroll,
multiplied by the amount of salary in excess of the amount of
the salary set for the Governor. This amount shall be computed
by the System on the basis of the actuarial assumptions and
tables used in the most recent actuarial valuation of the

System that is available at the time of the computation. The
System may require the employer to provide any pertinent
information or documentation.
Whenever it determines that a payment is or may be required
under this subsection, the System shall calculate the amount of
the payment and bill the employer for that amount. The bill
shall specify the calculations used to determine the amount
due. If the employer disputes the amount of the bill, it may,
within 30 days after receipt of the bill, apply to the System
in writing for a recalculation. The application must specify in
detail the grounds of the dispute. Upon receiving a timely
application for recalculation, the System shall review the
application and, if appropriate, recalculate the amount due.
The employer contributions required under this subsection
may be paid in the form of a lump sum within 90 days after
receipt of the bill. If the employer contributions are not paid
within 90 days after receipt of the bill, then interest will be
charged at a rate equal to the System's annual actuarially
assumed rate of return on investment compounded annually from
the 91st day after receipt of the bill. Payments must be
concluded within 3 years after the employer's receipt of the
bill.
(j) For purposes of determining the required State
contribution to the System, the value of the System's assets
shall be equal to the actuarial value of the System's assets,
which shall be calculated as follows:

As of June 30, 2008, the actuarial value of the System's
assets shall be equal to the market value of the assets as of
that date. In determining the actuarial value of the System's
assets for fiscal years after June 30, 2008, any actuarial
gains or losses from investment return incurred in a fiscal
year shall be recognized in equal annual amounts over the
5-year period following that fiscal year.
(k) For purposes of determining the required State
contribution to the system for a particular year, the actuarial
value of assets shall be assumed to earn a rate of return equal
to the system's actuarially assumed rate of return.
(Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17;
revised 9-25-17.)
Section 240. The Property Assessed Clean Energy Act is
amended by changing Section 15 as follows:
(50 ILCS 50/15)
Sec. 15. Program established.
(a) To establish a property assessed clean energy program,
the governing body of a local unit of government shall adopt a
resolution or ordinance that includes all of the following:
(1) a finding that the financing of energy projects is
a valid public purpose;
(2) a statement of intent to facilitate access to
capital from a program administrator to provide funds for

energy projects, which will be repaid by assessments on the
property benefited with the agreement of the record owners;
(3) a description of the proposed arrangements for
financing the program through a program administrator;
(4) the types of energy projects that may be financed;
(5) a description of the territory within the PACE
area;
(6) reference to a report on the proposed program as
described in Section 20; and
(7) the time and place for any public hearing required
for the adoption of the proposed program by resolution or
ordinance;
(8) matters required by Section 20 to be included in
the report; for this purpose, the resolution or ordinance
may incorporate the report or an amended version thereof by
reference; and
(9) a description of which aspects of the program may
be amended without a new public hearing and which aspects
may be amended only after a new public hearing is held.
(b) A property assessed clean energy program may be amended
by resolution or ordinance of the governing body. Adoption of
the resolution or ordinance shall be preceded by a public
hearing if required.
(Source: P.A. 100-77, eff. 8-11-17; revised 10-3-17.)
Section 245. The Illinois Police Training Act is amended by

changing Section 7 as follows:
(50 ILCS 705/7) (from Ch. 85, par. 507)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
a. The curriculum for probationary police officers
which shall be offered by all certified schools shall
include, but not be limited to, courses of procedural
justice, arrest and use and control tactics, search and
seizure, including temporary questioning, civil rights,
human rights, human relations, cultural competency,
including implicit bias and racial and ethnic sensitivity,
criminal law, law of criminal procedure, constitutional
and proper use of law enforcement authority, vehicle and
traffic law including uniform and non-discriminatory
enforcement of the Illinois Vehicle Code, traffic control
and accident investigation, techniques of obtaining
physical evidence, court testimonies, statements, reports,
firearms training, training in the use of electronic
control devices, including the psychological and
physiological effects of the use of those devices on
humans, first-aid (including cardiopulmonary
resuscitation), training in the administration of opioid
antagonists as defined in paragraph (1) of subsection (e)
of Section 5-23 of the Alcoholism and Other Drug Abuse and

Dependency Act, handling of juvenile offenders,
recognition of mental conditions and crises, including,
but not limited to, the disease of addiction, which require
immediate assistance and response and methods to safeguard
and provide assistance to a person in need of mental
treatment, recognition of abuse, neglect, financial
exploitation, and self-neglect of adults with disabilities
and older adults, as defined in Section 2 of the Adult
Protective Services Act, crimes against the elderly, law of
evidence, the hazards of high-speed police vehicle chases
with an emphasis on alternatives to the high-speed chase,
and physical training. The curriculum shall include
specific training in techniques for immediate response to
and investigation of cases of domestic violence and of
sexual assault of adults and children, including cultural
perceptions and common myths of sexual assault and sexual
abuse as well as interview techniques that are trauma
informed, victim centered, and victim sensitive. The
curriculum shall include training in techniques designed
to promote effective communication at the initial contact
with crime victims and ways to comprehensively explain to
victims and witnesses their rights under the Rights of
Crime Victims and Witnesses Act and the Crime Victims
Compensation Act. The curriculum shall also include
training in effective recognition of and responses to
stress, trauma, and post-traumatic stress experienced by

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

resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must
satisfactorily complete before being eligible for
permanent employment as a county corrections officer for a
participating local governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as
a court security officer for a participating local
governmental agency. The Board shall establish those
training requirements which it considers appropriate for
court security officers and shall certify schools to
conduct that training.
A person hired to serve as a court security officer
must obtain from the Board a certificate (i) attesting to
his or her successful completion of the training course;
(ii) attesting to his or her satisfactory completion of a
training program of similar content and number of hours
that has been found acceptable by the Board under the
provisions of this Act; or (iii) attesting to the Board's
determination that the training course is unnecessary
because of the person's extensive prior law enforcement
experience.
Individuals who currently serve as court security
officers shall be deemed qualified to continue to serve in

that capacity so long as they are certified as provided by
this Act within 24 months of June 1, 1997 (the effective
date of Public Act 89-685). Failure to be so certified,
absent a waiver from the Board, shall cause the officer to
forfeit his or her position.
All individuals hired as court security officers on or
after June 1, 1997 (the effective date of Public Act
89-685) this amendatory Act of 1996 shall be certified
within 12 months of the date of their hire, unless a waiver
has been obtained by the Board, or they shall forfeit their
positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit Commission,
shall maintain a list of all individuals who have filed
applications to become court security officers and who meet
the eligibility requirements established under this Act.
Either the Sheriff's Merit Commission, or the Sheriff's
Office if no Sheriff's Merit Commission exists, shall
establish a schedule of reasonable intervals for
verification of the applicants' qualifications under this
Act and as established by the Board.
g. Minimum in-service training requirements, which a
police officer must satisfactorily complete every 3 years.
Those requirements shall include constitutional and proper
use of law enforcement authority, procedural justice,
civil rights, human rights, mental health awareness and

response, and cultural competency.
h. Minimum in-service training requirements, which a
police officer must satisfactorily complete at least
annually. Those requirements shall include law updates and
use of force training which shall include scenario based
training, or similar training approved by the Board.
(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
100-247, eff. 1-1-18; revised 10-3-17.)
Section 250. The Counties Code is amended by changing
Sections 4-5001 and 5-1069.3 as follows:
(55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
Sec. 4-5001. Sheriffs; counties of first and second class.
The fees of sheriffs in counties of the first and second class,
except when increased by county ordinance under this Section,
shall be as follows:
For serving or attempting to serve summons on each
defendant in each county, $10.
For serving or attempting to serve an order or judgment
granting injunctive injunctional relief in each county, $10.
For serving or attempting to serve each garnishee in each
county, $10.
For serving or attempting to serve an order for replevin in
each county, $10.

For serving or attempting to serve an order for attachment
on each defendant in each county, $10.
For serving or attempting to serve a warrant of arrest, $8,
to be paid upon conviction.
For returning a defendant from outside the State of
Illinois, upon conviction, the court shall assess, as court
costs, the cost of returning a defendant to the jurisdiction.
For taking special bail, $1 in each county.
For serving or attempting to serve a subpoena on each
witness, in each county, $10.
For advertising property for sale, $5.
For returning each process, in each county, $5.
Mileage for each mile of necessary travel to serve any such
process as Stated above, calculating from the place of holding
court to the place of residence of the defendant, or witness,
50¢ each way.
For summoning each juror, $3 with 30¢ mileage each way in
all counties.
For serving or attempting to serve notice of judgments or
levying to enforce a judgment, $3 with 50¢ mileage each way in
all counties.
For taking possession of and removing property levied on,
the officer shall be allowed to tax the actual cost of such
possession or removal.
For feeding each prisoner, such compensation to cover the
actual cost as may be fixed by the county board, but such

compensation shall not be considered a part of the fees of the
office.
For attending before a court with prisoner, on an order for
habeas corpus, in each county, $10 per day.
For attending before a court with a prisoner in any
criminal proceeding, in each county, $10 per day.
For each mile of necessary travel in taking such prisoner
before the court as stated Stated above, 15¢ a mile each way.
For serving or attempting to serve an order or judgment for
the possession of real estate in an action of ejectment or in
any other action, or for restitution in an eviction action
without aid, $10 and when aid is necessary, the sheriff shall
be allowed to tax in addition the actual costs thereof, and for
each mile of necessary travel, 50¢ each way.
For executing and acknowledging a deed of sale of real
estate, in counties of first class, $4; second class, $4.
For preparing, executing and acknowledging a deed on
redemption from a court sale of real estate in counties of
first class, $5; second class, $5.
For making certificates of sale, and making and filing
duplicate, in counties of first class, $3; in counties of the
second class, $3.
For making certificate of redemption, $3.
For certificate of levy and filing, $3, and the fee for
recording shall be advanced by the judgment creditor and
charged as costs.

For taking all bonds on legal process, civil and criminal,
in counties of first class, $1; in second class, $1.
For executing copies in criminal cases, $4 and mileage for
each mile of necessary travel, 20¢ each way.
For executing requisitions from other states States, $5.
For conveying each prisoner from the prisoner's own county
to the jail of another county, or from another county to the
jail of the prisoner's county, per mile, for going, only, 30¢.
For conveying persons to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls and Reception Centers, the following
fees, payable out of the State treasury Treasury. For each
person who is conveyed, 35¢ per mile in going only to the
penitentiary, reformatory, Illinois State Training School for
Boys, Illinois State Training School for Girls and Reception
Centers, from the place of conviction.
The fees provided for transporting persons to the
penitentiary, reformatories, Illinois State Training School
for Boys, Illinois State Training School for Girls and
Reception Centers shall be paid for each trip so made. Mileage
as used in this Section means the shortest practical route,
between the place from which the person is to be transported,
to the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls and
Reception Centers and all fees per mile shall be computed on
such basis.

For conveying any person to or from any of the charitable
institutions of the State, when properly committed by competent
authority, when one person is conveyed, 35¢ per mile; when two
persons are conveyed at the same time, 35¢ per mile for the
first person and 20¢ per mile for the second person; and 10¢
per mile for each additional person.
For conveying a person from the penitentiary to the county
jail when required by law, 35¢ per mile.
For attending Supreme Court, $10 per day.
In addition to the above fees there shall be allowed to the
sheriff a fee of $600 for the sale of real estate which is made
by virtue of any judgment of a court, except that in the case
of a sale of unimproved real estate which sells for $10,000 or
less, the fee shall be $150. In addition to this fee and all
other fees provided by this Section, there shall be allowed to
the sheriff a fee in accordance with the following schedule for
the sale of personal estate which is made by virtue of any
judgment of a court:
For judgments up to $1,000, $75;
For judgments from $1,001 to $15,000, $150;
For judgments over $15,000, $300.
The foregoing fees allowed by this Section are the maximum
fees that may be collected from any officer, agency, department
or other instrumentality of the State. The county board may,
however, by ordinance, increase the fees allowed by this
Section and collect those increased fees from all persons and

entities other than officers, agencies, departments and other
instrumentalities of the State if the increase is justified by
an acceptable cost study showing that the fees allowed by this
Section are not sufficient to cover the costs of providing the
service. A statement of the costs of providing each service,
program and activity shall be prepared by the county board. All
supporting documents shall be public records and subject to
public examination and audit. All direct and indirect costs, as
defined in the United States Office of Management and Budget
Circular A-87, may be included in the determination of the
costs of each service, program and activity.
In all cases where the judgment is settled by the parties,
replevied, stopped by injunction or paid, or where the property
levied upon is not actually sold, the sheriff shall be allowed
his fee for levying and mileage, together with half the fee for
all money collected by him which he would be entitled to if the
same was made by sale to enforce the judgment. In no case shall
the fee exceed the amount of money arising from the sale.
The fee requirements of this Section do not apply to police
departments or other law enforcement agencies. For the purposes
of this Section, "law enforcement agency" means an agency of
the State or unit of local government which is vested by law or
ordinance with the duty to maintain public order and to enforce
criminal laws.
(Source: P.A. 100-173, eff. 1-1-18; revised 10-3-17.)

(55 ILCS 5/5-1069.3)
Sec. 5-1069.3. Required health benefits. If a county,
including a home rule county, is a self-insurer for purposes of
providing health insurance coverage for its employees, the
coverage shall include coverage for the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
356z.14, 356z.15, 356z.22, and 356z.25, and 356z.26 of the
Illinois Insurance Code. The coverage shall comply with
Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
Insurance Code. The requirement that health benefits be covered
as provided in this Section is an exclusive power and function
of the State and is a denial and limitation under Article VII,
Section 6, subsection (h) of the Illinois Constitution. A home
rule county to which this Section applies must comply with
every provision of this Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
100-138, eff. 8-18-17; revised 10-5-17.)

Section 255. The Illinois Municipal Code is amended by
changing Sections 5-3-1, 8-11-1.6, 8-11-1.7, 10-2.1-4, 10-4-2,
10-4-2.3, and 11-74.4-3.5 as follows:
(65 ILCS 5/5-3-1) (from Ch. 24, par. 5-3-1)
Sec. 5-3-1. In cities which do not elect to choose aldermen
from wards and in cities which elect to choose councilmen as
provided in Sections 5-2-18.1 through thru 5-2-18.7, the mayor
shall have the right to vote on all questions coming before the
council but shall have no power to veto. The mayor and
president shall be recognized as the official head of the city
or village by the courts for the purpose of serving civil
process and by the Governor for all legal purposes.
The mayor or president of any city or village which adopts
this Article 5, other than one which at the time of adoption
was operating under or adopted the commission form of
government as provided in Article 4 or which does not retain
the election of aldermen by wards or trustees by districts,
shall have veto power as provided in Sections 5-3-2 through
5-3-4, and ordinances or measures may be passed over his veto
as therein provided. Such mayor or president shall have the
power to vote as provided in Section 5-3-5.
If any other Acts or any Article of this Code, other than
Article 3 or Article 4, provides for the appointment of a
board, commission, or other agency by the mayor or president,

such appointments shall be made in manner so provided.
(Source: P.A. 76-1426; revised 10-3-17.)
(65 ILCS 5/8-11-1.6)
Sec. 8-11-1.6. Non-home rule municipal retailers
occupation tax; municipalities between 20,000 and 25,000. The
corporate authorities of a non-home rule municipality with a
population of more than 20,000 but less than 25,000 that has,
prior to January 1, 1987, established a Redevelopment Project
Area that has been certified as a State Sales Tax Boundary and
has issued bonds or otherwise incurred indebtedness to pay for
costs in excess of $5,000,000, which is secured in part by a
tax increment allocation fund, in accordance with the
provisions of Division 11-74.4 of this Code may, by passage of
an ordinance, impose a tax upon all persons engaged in the
business of selling tangible personal property, other than on
an item of tangible personal property that is titled and
registered by an agency of this State's Government, at retail
in the municipality. This tax may not be imposed on the sales
of food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances and insulin, urine testing
materials, syringes, and needles used by diabetics. If imposed,
the tax shall only be imposed in .25% increments of the gross

receipts from such sales made in the course of business. Any
tax imposed by a municipality under this Section and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. An
ordinance imposing a tax hereunder or effecting a change in the
rate thereof shall be adopted and a certified copy thereof
filed with the Department on or before the first day of
October, whereupon the Department shall proceed to administer
and enforce this Section as of the first day of January next
following such adoption and filing. The certificate of
registration that is issued by the Department to a retailer
under the Retailers' Occupation Tax Act shall permit the
retailer to engage in a business that is taxable under any
ordinance or resolution enacted under this Section without
registering separately with the Department under the ordinance
or resolution or under this Section. The Department shall have
full power to administer and enforce this Section, to collect
all taxes and penalties due hereunder, to dispose of taxes and
penalties so collected in the manner hereinafter provided, and
to determine all rights to credit memoranda, arising on account
of the erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with this Section, the
Department and persons who are subject to this Section shall
have the same rights, remedies, privileges, immunities,
powers, and duties, and be subject to the same conditions,
restrictions, limitations, penalties, and definitions of

terms, and employ the same modes of procedure, as are
prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2
through 2-65 (in respect to all provisions therein other than
the State rate of tax), 2c, 3 (except as to the disposition of
taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12
and 13 of the Retailers' Occupation Tax Act and Section 3-7 of
the Uniform Penalty and Interest Act as fully as if those
provisions were set forth herein.
A tax may not be imposed by a municipality under this
Section unless the municipality also imposes a tax at the same
rate under Section 8-11-1.7 of this Act.
Persons subject to any tax imposed under the authority
granted in this Section, may reimburse themselves for their
seller's tax liability hereunder by separately stating the tax
as an additional charge, which charge may be stated in
combination, in a single amount, with State tax which sellers
are required to collect under the Use Tax Act, pursuant to such
bracket schedules as the Department may prescribe.
Whenever the Department determines that a refund should be
made under this Section to a claimant, instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Non-Home Rule Municipal Retailers'

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

municipality, and not including any amount that the Department
determines is necessary to offset any amounts that were payable
to a different taxing body but were erroneously paid to the
municipality, and not including any amounts that are
transferred to the STAR Bonds Revenue Fund, less 2% of the
remainder, which the Department shall transfer into the Tax
Compliance and Administration Fund. The Department, at the time
of each monthly disbursement to the municipalities, shall
prepare and certify to the State Comptroller the amount to be
transferred into the Tax Compliance and Administration Fund
under this Section. Within 10 days after receipt by the
Comptroller of the disbursement certification to the
municipalities and the Tax Compliance and Administration Fund
provided for in this Section to be given to the Comptroller by
the Department, the Comptroller shall cause the orders to be
drawn for the respective amounts in accordance with the
directions contained in the certification.
For the purpose of determining the local governmental unit
whose tax is applicable, a retail sale by a producer of coal or
other mineral mined in Illinois is a sale at retail at the
place where the coal or other mineral mined in Illinois is
extracted from the earth. This paragraph does not apply to coal
or other mineral when it is delivered or shipped by the seller
to the purchaser at a point outside Illinois so that the sale
is exempt under the federal Constitution as a sale in
interstate or foreign commerce.

Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in
any business which under the constitution of the United States
may not be made the subject of taxation by this State.
When certifying the amount of a monthly disbursement to a
municipality under this Section, the Department shall increase
or decrease the amount by an amount necessary to offset any
misallocation of previous disbursements. The offset amount
shall be the amount erroneously disbursed within the previous 6
months from the time a misallocation is discovered.
As used in this Section, "municipal" and "municipality"
means a city, village, or incorporated town, including an
incorporated town that has superseded a civil township.
(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16;
100-23, eff. 7-6-17; revised 10-3-17.)
(65 ILCS 5/8-11-1.7)
Sec. 8-11-1.7. Non-home rule municipal service occupation
tax; municipalities between 20,000 and 25,000. The corporate
authorities of a non-home rule municipality with a population
of more than 20,000 but less than 25,000 as determined by the
last preceding decennial census that has, prior to January 1,
1987, established a Redevelopment Project Area that has been
certified as a State Sales Tax Boundary and has issued bonds or
otherwise incurred indebtedness to pay for costs in excess of
$5,000,000, which is secured in part by a tax increment

allocation fund, in accordance with the provisions of Division
11-74.4 of this Code may, by passage of an ordinance, impose a
tax upon all persons engaged in the municipality in the
business of making sales of service. If imposed, the tax shall
only be imposed in .25% increments of the selling price of all
tangible personal property transferred by such servicemen
either in the form of tangible personal property or in the form
of real estate as an incident to a sale of service. This tax
may not be imposed on the sales of food for human consumption
that is to be consumed off the premises where it is sold (other
than alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances and
insulin, urine testing materials, syringes, and needles used by
diabetics. The tax imposed by a municipality under this Section
Sec. and all civil penalties that may be assessed as an
incident thereof shall be collected and enforced by the State
Department of Revenue. An ordinance imposing a tax hereunder or
effecting a change in the rate thereof shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of October, whereupon the Department shall
proceed to administer and enforce this Section as of the first
day of January next following such adoption and filing. The
certificate of registration that is issued by the Department to
a retailer under the Retailers' Occupation Tax Act or under the
Service Occupation Tax Act shall permit the registrant to

engage in a business that is taxable under any ordinance or
resolution enacted under this Section without registering
separately with the Department under the ordinance or
resolution or under this Section. The Department shall have
full power to administer and enforce this Section, to collect
all taxes and penalties due hereunder, to dispose of taxes and
penalties so collected in a manner hereinafter provided, and to
determine all rights to credit memoranda arising on account of
the erroneous payment of tax or penalty hereunder. In the
administration of and compliance with this Section, the
Department and persons who are subject to this Section shall
have the same rights, remedies, privileges, immunities,
powers, and duties, and be subject to the same conditions,
restrictions, limitations, penalties and definitions of terms,
and employ the same modes of procedure, as are prescribed in
Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
provisions therein other than the State rate of tax), 4 (except
that the reference to the State shall be to the taxing
municipality), 5, 7, 8 (except that the jurisdiction to which
the tax shall be a debt to the extent indicated in that Section
8 shall be the taxing municipality), 9 (except as to the
disposition of taxes and penalties collected, and except that
the returned merchandise credit for this municipal tax may not
be taken against any State tax), 10, 11, 12, (except the
reference therein to Section 2b of the Retailers' Occupation
Tax Act), 13 (except that any reference to the State shall mean

the taxing municipality), the first paragraph of Sections 15,
16, 17, 18, 19, and 20 of the Service Occupation Tax Act and
Section 3-7 of the Uniform Penalty and Interest Act, as fully
as if those provisions were set forth herein.
A tax may not be imposed by a municipality under this
Section unless the municipality also imposes a tax at the same
rate under Section 8-11-1.6 of this Act.
Person subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
servicemen's tax liability hereunder by separately stating the
tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax that servicemen
are authorized to collect under the Service Use Tax Act, under
such bracket schedules as the Department may prescribe.
Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing credit
memorandum, the Department shall notify the State Comptroller,
who shall cause the order to be drawn for the amount specified,
and to the person named, in such notification from the
Department. The refund shall be paid by the State Treasurer out
of the Non-Home Rule Municipal Retailers' Occupation Tax Fund.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected hereunder.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department

of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities,
the municipalities to be those from which suppliers and
servicemen have paid taxes or penalties hereunder to the
Department during the second preceding calendar month. The
amount to be paid to each municipality shall be the amount (not
including credit memoranda) collected hereunder during the
second preceding calendar month by the Department, and not
including an amount equal to the amount of refunds made during
the second preceding calendar month by the Department on behalf
of such municipality, and not including any amounts that are
transferred to the STAR Bonds Revenue Fund, less 2% of the
remainder, which the Department shall transfer into the Tax
Compliance and Administration Fund. The Department, at the time
of each monthly disbursement to the municipalities, shall
prepare and certify to the State Comptroller the amount to be
transferred into the Tax Compliance and Administration Fund
under this Section. Within 10 days after receipt by the

Comptroller of the disbursement certification to the
municipalities, the Tax Compliance and Administration Fund,
and the General Revenue Fund, provided for in this Section to
be given to the Comptroller by the Department, the Comptroller
shall cause the orders to be drawn for the respective amounts
in accordance with the directions contained in the
certification.
When certifying the amount of a monthly disbursement to a
municipality under this Section, the Department shall increase
or decrease the amount by an amount necessary to offset any
misallocation of previous disbursements. The offset amount
shall be the amount erroneously disbursed within the previous 6
months from the time a misallocation is discovered.
Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in
any business which under the constitution of the United States
may not be made the subject of taxation by this State.
(Source: P.A. 100-23, eff. 7-6-17; revised 10-3-17.)
(65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
Sec. 10-2.1-4. Fire and police departments; appointment of
members; certificates of appointments. The board of fire and
police commissioners shall appoint all officers and members of
the fire and police departments of the municipality, including
the chief of police and the chief of the fire department,
unless the council or board of trustees shall by ordinance as

to them otherwise provide; except as otherwise provided in this
Section, and except that in any municipality which adopts or
has adopted this Division 2.1 and also adopts or has adopted
Article 5 of this Code, the chief of police and the chief of
the fire department shall be appointed by the municipal
manager, if it is provided by ordinance in such municipality
that such chiefs, or either of them, shall not be appointed by
the board of fire and police commissioners.
If the chief of the fire department or the chief of the
police department or both of them are appointed in the manner
provided by ordinance, they may be removed or discharged by the
appointing authority. In such case the appointing authority
shall file with the corporate authorities the reasons for such
removal or discharge, which removal or discharge shall not
become effective unless confirmed by a majority vote of the
corporate authorities.
After August 25, 2017 (the effective date of Public Act
100-425) this amendatory Act of the 100th General Assembly, a
person shall not be appointed as the chief, the acting chief,
the department head, or a position, by whatever title, that is
responsible for day-to-day operations of a fire department for
greater than 180 days unless he or she possesses the following
qualifications and certifications:
(1) Office of the State Fire Marshal Firefighter Basic
Certification or Firefighter II Certification; Office of
the State Fire Marshal Fire Officer I and II

Certifications; and an associate degree in fire science or
a bachelor's degree from an accredited university or
college; or
(2) a minimum of 10 years' experience as a firefighter
at the fire department in the jurisdiction making the
appointment.
This paragraph applies to fire departments that employ
firefighters hired under the provisions of this Division.
If a member of the department is appointed chief of police
or chief of the fire department prior to being eligible to
retire on pension, he shall be considered as on furlough from
the rank he held immediately prior to his appointment as chief.
If he resigns as chief or is discharged as chief prior to
attaining eligibility to retire on pension, he shall revert to
and be established in whatever rank he currently holds, except
for previously appointed positions, and thereafter be entitled
to all the benefits and emoluments of that rank, without regard
as to whether a vacancy then exists in that rank.
All appointments to each department other than that of the
lowest rank, however, shall be from the rank next below that to
which the appointment is made except as otherwise provided in
this Section, and except that the chief of police and the chief
of the fire department may be appointed from among members of
the police and fire departments, respectively, regardless of
rank, unless the council or board of trustees shall have by
ordinance as to them otherwise provided. A chief of police or

the chief of the fire department, having been appointed from
among members of the police or fire department, respectively,
shall be permitted, regardless of rank, to take promotional
exams and be promoted to a higher classified rank than he
currently holds, without having to resign as chief of police or
chief of the fire department.
The sole authority to issue certificates of appointment
shall be vested in the Board of Fire and Police Commissioners
and all certificates of appointments issued to any officer or
member of the fire or police department of a municipality shall
be signed by the chairman and secretary respectively of the
board of fire and police commissioners of such municipality,
upon appointment of such officer or member of the fire and
police department of such municipality by action of the board
of fire and police commissioners. After being selected from the
register of eligibles to fill a vacancy in the affected
department, each appointee shall be presented with his or her
certificate of appointment on the day on which he or she is
sworn in as a classified member of the affected department.
Firefighters who were not issued a certificate of appointment
when originally appointed shall be provided with a certificate
within 10 days after making a written request to the
chairperson of the Board of Fire and Police Commissioners. In
any municipal fire department that employs full-time
firefighters and is subject to a collective bargaining
agreement, a person who has not qualified for regular

appointment under the provisions of this Division 2.1 shall not
be used as a temporary or permanent substitute for classified
members of a municipality's fire department or for regular
appointment as a classified member of a municipality's fire
department unless mutually agreed to by the employee's
certified bargaining agent. Such agreement shall be considered
a permissive subject of bargaining. Municipal fire departments
covered by the changes made by Public Act 95-490 this
amendatory Act of the 95th General Assembly that are using
non-certificated employees as substitutes immediately prior to
June 1, 2008 (the effective date of Public Act 95-490) this
amendatory Act of the 95th General Assembly may, by mutual
agreement with the certified bargaining agent, continue the
existing practice or a modified practice and that agreement
shall be considered a permissive subject of bargaining. A home
rule unit may not regulate the hiring of temporary or
substitute members of the municipality's fire department in a
manner that is inconsistent with this Section. This Section is
a limitation under subsection (i) of Section 6 of Article VII
of the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
The term "policemen" as used in this Division does not
include auxiliary police officers except as provided for in
Section 10-2.1-6.
Any full-time full time member of a regular fire or police
department of any municipality which comes under the provisions

of this Division or adopts this Division 2.1 or which has
adopted any of the prior Acts pertaining to fire and police
commissioners, is a city officer.
Notwithstanding any other provision of this Section, the
Chief of Police of a department in a non-home rule municipality
of more than 130,000 inhabitants may, without the advice or
consent of the Board of Fire and Police Commissioners, appoint
up to 6 officers who shall be known as deputy chiefs or
assistant deputy chiefs, and whose rank shall be immediately
below that of Chief. The deputy or assistant deputy chiefs may
be appointed from any rank of sworn officers of that
municipality, but no person who is not such a sworn officer may
be so appointed. Such deputy chief or assistant deputy chief
shall have the authority to direct and issue orders to all
employees of the Department holding the rank of captain or any
lower rank. A deputy chief of police or assistant deputy chief
of police, having been appointed from any rank of sworn
officers of that municipality, shall be permitted, regardless
of rank, to take promotional exams and be promoted to a higher
classified rank than he currently holds, without having to
resign as deputy chief of police or assistant deputy chief of
police.
Notwithstanding any other provision of this Section, a
non-home rule municipality of 130,000 or fewer inhabitants,
through its council or board of trustees, may, by ordinance,
provide for a position of deputy chief to be appointed by the

chief of the police department. The ordinance shall provide for
no more than one deputy chief position if the police department
has fewer than 25 full-time police officers and for no more
than 2 deputy chief positions if the police department has 25
or more full-time police officers. The deputy chief position
shall be an exempt rank immediately below that of Chief. The
deputy chief may be appointed from any rank of sworn, full-time
officers of the municipality's police department, but must have
at least 5 years of full-time service as a police officer in
that department. A deputy chief shall serve at the discretion
of the Chief and, if removed from the position, shall revert to
the rank currently held, without regard as to whether a vacancy
exists in that rank. A deputy chief of police, having been
appointed from any rank of sworn full-time officers of that
municipality's police department, shall be permitted,
regardless of rank, to take promotional exams and be promoted
to a higher classified rank than he currently holds, without
having to resign as deputy chief of police.
No municipality having a population less than 1,000,000
shall require that any firefighter appointed to the lowest rank
serve a probationary employment period of longer than one year.
The limitation on periods of probationary employment provided
in Public Act 86-990 this amendatory Act of 1989 is an
exclusive power and function of the State. Pursuant to
subsection (h) of Section 6 of Article VII of the Illinois
Constitution, a home rule municipality having a population less

than 1,000,000 must comply with this limitation on periods of
probationary employment, which is a denial and limitation of
home rule powers. Notwithstanding anything to the contrary in
this Section, the probationary employment period limitation
may be extended for a firefighter who is required, as a
condition of employment, to be a licensed paramedic, during
which time the sole reason that a firefighter may be discharged
without a hearing is for failing to meet the requirements for
paramedic licensure.
To the extent that this Section or any other Section in
this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
(Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17;
revised 10-3-17.)
(65 ILCS 5/10-4-2) (from Ch. 24, par. 10-4-2)
Sec. 10-4-2. Group insurance.
(a) The corporate authorities of any municipality may
arrange to provide, for the benefit of employees of the
municipality, group life, health, accident, hospital, and
medical insurance, or any one or any combination of those types
of insurance, and may arrange to provide that insurance for the
benefit of the spouses or dependents of those employees. The
insurance may include provision for employees or other insured
persons who rely on treatment by prayer or spiritual means
alone for healing in accordance with the tenets and practice of

a well recognized religious denomination. The corporate
authorities may provide for payment by the municipality of a
portion of the premium or charge for the insurance with the
employee paying the balance of the premium or charge. If the
corporate authorities undertake a plan under which the
municipality pays a portion of the premium or charge, the
corporate authorities shall provide for withholding and
deducting from the compensation of those municipal employees
who consent to join the plan the balance of the premium or
charge for the insurance.
(b) If the corporate authorities do not provide for a plan
under which the municipality pays a portion of the premium or
charge for a group insurance plan, the corporate authorities
may provide for withholding and deducting from the compensation
of those employees who consent thereto the premium or charge
for any group life, health, accident, hospital, and medical
insurance.
(c) The corporate authorities may exercise the powers
granted in this Section only if the kinds of group insurance
are obtained from an insurance company authorized to do
business in the State of Illinois, or are obtained through an
intergovernmental joint self-insurance pool as authorized
under the Intergovernmental Cooperation Act. The corporate
authorities may enact an ordinance prescribing the method of
operation of the insurance program.
(d) If a municipality, including a home rule municipality,

is a self-insurer for purposes of providing health insurance
coverage for its employees, the insurance coverage shall
include screening by low-dose mammography for all women 35
years of age or older for the presence of occult breast cancer
unless the municipality elects to provide mammograms itself
under Section 10-4-2.1. The coverage shall be as follows:
(1) A baseline mammogram for women 35 to 39 years of
age.
(2) An annual mammogram for women 40 years of age or
older.
(3) A mammogram at the age and intervals considered
medically necessary by the woman's health care provider for
women under 40 years of age and having a family history of
breast cancer, prior personal history of breast cancer,
positive genetic testing, or other risk factors.
(4) A comprehensive ultrasound screening of an entire
breast or breasts if a mammogram demonstrates
heterogeneous or dense breast tissue, when medically
necessary as determined by a physician licensed to practice
medicine in all of its branches.
For purposes of this subsection, "low-dose mammography"
means the x-ray examination of the breast using equipment
dedicated specifically for mammography, including the x-ray
tube, filter, compression device, and image receptor, with an
average radiation exposure delivery of less than one rad per
breast for 2 views of an average size breast. The term also

includes digital mammography.
(d-5) Coverage as described by subsection (d) shall be
provided at no cost to the insured and shall not be applied to
an annual or lifetime maximum benefit.
(d-10) When health care services are available through
contracted providers and a person does not comply with plan
provisions specific to the use of contracted providers, the
requirements of subsection (d-5) are not applicable. When a
person does not comply with plan provisions specific to the use
of contracted providers, plan provisions specific to the use of
non-contracted providers must be applied without distinction
for coverage required by this Section and shall be at least as
favorable as for other radiological examinations covered by the
policy or contract.
(d-15) If a municipality, including a home rule
municipality, is a self-insurer for purposes of providing
health insurance coverage for its employees, the insurance
coverage shall include mastectomy coverage, which includes
coverage for prosthetic devices or reconstructive surgery
incident to the mastectomy. Coverage for breast reconstruction
in connection with a mastectomy shall include:
(1) reconstruction of the breast upon which the
mastectomy has been performed;
(2) surgery and reconstruction of the other breast to
produce a symmetrical appearance; and
(3) prostheses and treatment for physical

complications at all stages of mastectomy, including
lymphedemas.
Care shall be determined in consultation with the attending
physician and the patient. The offered coverage for prosthetic
devices and reconstructive surgery shall be subject to the
deductible and coinsurance conditions applied to the
mastectomy, and all other terms and conditions applicable to
other benefits. When a mastectomy is performed and there is no
evidence of malignancy then the offered coverage may be limited
to the provision of prosthetic devices and reconstructive
surgery to within 2 years after the date of the mastectomy. As
used in this Section, "mastectomy" means the removal of all or
part of the breast for medically necessary reasons, as
determined by a licensed physician.
A municipality, including a home rule municipality, that is
a self-insurer for purposes of providing health insurance
coverage for its employees, may not penalize or reduce or limit
the reimbursement of an attending provider or provide
incentives (monetary or otherwise) to an attending provider to
induce the provider to provide care to an insured in a manner
inconsistent with this Section.
(d-20) The requirement that mammograms be included in
health insurance coverage as provided in subsections (d)
through (d-15) is an exclusive power and function of the State
and is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution of home rule

municipality powers. A home rule municipality to which
subsections (d) through (d-15) apply must comply with every
provision of those through subsections.
(e) Rulemaking authority to implement Public Act 95-1045
this amendatory Act of the 95th General Assembly, if any, is
conditioned on the rules being adopted in accordance with all
provisions of the Illinois Administrative Procedure Act and all
rules and procedures of the Joint Committee on Administrative
Rules; any purported rule not so adopted, for whatever reason,
is unauthorized.
(Source: P.A. 95-1045, eff. 3-27-09; revised 10-3-17.)
(65 ILCS 5/10-4-2.3)
Sec. 10-4-2.3. Required health benefits. If a
municipality, including a home rule municipality, is a
self-insurer for purposes of providing health insurance
coverage for its employees, the coverage shall include coverage
for the post-mastectomy care benefits required to be covered by
a policy of accident and health insurance under Section 356t
and the coverage required under Sections 356g, 356g.5,
356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, and
356z.25, and 356z.26 of the Illinois Insurance Code. The
coverage shall comply with Sections 155.22a, 355b, 356z.19, and
370c of the Illinois Insurance Code. The requirement that
health benefits be covered as provided in this is an exclusive

power and function of the State and is a denial and limitation
under Article VII, Section 6, subsection (h) of the Illinois
Constitution. A home rule municipality to which this Section
applies must comply with every provision of this Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
100-138, eff. 8-18-17; revised 10-5-17.)
(65 ILCS 5/11-74.4-3.5)
Sec. 11-74.4-3.5. Completion dates for redevelopment
projects.
(a) Unless otherwise stated in this Section, the estimated
dates of completion of the redevelopment project and retirement
of obligations issued to finance redevelopment project costs
(including refunding bonds under Section 11-74.4-7) may not be
later than December 31 of the year in which the payment to the
municipal treasurer, as provided in subsection (b) of Section
11-74.4-8 of this Act, is to be made with respect to ad valorem
taxes levied in the 23rd calendar year after the year in which
the ordinance approving the redevelopment project area was
adopted if the ordinance was adopted on or after January 15,

1981.
(a-5) If the redevelopment project area is located within a
transit facility improvement area established pursuant to
Section 11-74.4-3, the estimated dates of completion of the
redevelopment project and retirement of obligations issued to
finance redevelopment project costs (including refunding bonds
under Section 11-74.4-7) may not be later than December 31 of
the year in which the payment to the municipal treasurer, as
provided in subsection (b) of Section 11-74.4-8 of this Act, is
to be made with respect to ad valorem taxes levied in the 35th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted.
(a-7) A municipality may adopt tax increment financing for
a redevelopment project area located in a transit facility
improvement area that also includes real property located
within an existing redevelopment project area established
prior to August 12, 2016 (the effective date of Public Act
99-792). In such case: (i) the provisions of this Division
shall apply with respect to the previously established
redevelopment project area until the municipality adopts, as
required in accordance with applicable provisions of this
Division, an ordinance dissolving the special tax allocation
fund for such redevelopment project area and terminating the
designation of such redevelopment project area as a
redevelopment project area; and (ii) after the effective date
of the ordinance described in (i), the provisions of this

Division shall apply with respect to the subsequently
established redevelopment project area located in a transit
facility improvement area.
(b) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 32nd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance was
adopted on September 9, 1999 by the Village of Downs.
The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 33rd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance was
adopted on May 20, 1985 by the Village of Wheeling.
The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 28th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance was
adopted on October 12, 1989 by the City of Lawrenceville.
(c) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 35th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted:
(1) If the ordinance was adopted before January 15,
1981.
(2) If the ordinance was adopted in December 1983,
April 1984, July 1985, or December 1989.
(3) If the ordinance was adopted in December 1987 and
the redevelopment project is located within one mile of
Midway Airport.
(4) If the ordinance was adopted before January 1, 1987
by a municipality in Mason County.
(5) If the municipality is subject to the Local

Government Financial Planning and Supervision Act or the
Financially Distressed City Law.
(6) If the ordinance was adopted in December 1984 by
the Village of Rosemont.
(7) If the ordinance was adopted on December 31, 1986
by a municipality located in Clinton County for which at
least $250,000 of tax increment bonds were authorized on
June 17, 1997, or if the ordinance was adopted on December
31, 1986 by a municipality with a population in 1990 of
less than 3,600 that is located in a county with a
population in 1990 of less than 34,000 and for which at
least $250,000 of tax increment bonds were authorized on
June 17, 1997.
(8) If the ordinance was adopted on October 5, 1982 by
the City of Kankakee, or if the ordinance was adopted on
December 29, 1986 by East St. Louis.
(9) If the ordinance was adopted on November 12, 1991
by the Village of Sauget.
(10) If the ordinance was adopted on February 11, 1985
by the City of Rock Island.
(11) If the ordinance was adopted before December 18,
1986 by the City of Moline.
(12) If the ordinance was adopted in September 1988 by
Sauk Village.
(13) If the ordinance was adopted in October 1993 by
Sauk Village.

(14) If the ordinance was adopted on December 29, 1986
by the City of Galva.
(15) If the ordinance was adopted in March 1991 by the
City of Centreville.
(16) If the ordinance was adopted on January 23, 1991
by the City of East St. Louis.
(17) If the ordinance was adopted on December 22, 1986
by the City of Aledo.
(18) If the ordinance was adopted on February 5, 1990
by the City of Clinton.
(19) If the ordinance was adopted on September 6, 1994
by the City of Freeport.
(20) If the ordinance was adopted on December 22, 1986
by the City of Tuscola.
(21) If the ordinance was adopted on December 23, 1986
by the City of Sparta.
(22) If the ordinance was adopted on December 23, 1986
by the City of Beardstown.
(23) If the ordinance was adopted on April 27, 1981,
October 21, 1985, or December 30, 1986 by the City of
Belleville.
(24) If the ordinance was adopted on December 29, 1986
by the City of Collinsville.
(25) If the ordinance was adopted on September 14, 1994
by the City of Alton.
(26) If the ordinance was adopted on November 11, 1996

by the City of Lexington.
(27) If the ordinance was adopted on November 5, 1984
by the City of LeRoy.
(28) If the ordinance was adopted on April 3, 1991 or
June 3, 1992 by the City of Markham.
(29) If the ordinance was adopted on November 11, 1986
by the City of Pekin.
(30) If the ordinance was adopted on December 15, 1981
by the City of Champaign.
(31) If the ordinance was adopted on December 15, 1986
by the City of Urbana.
(32) If the ordinance was adopted on December 15, 1986
by the Village of Heyworth.
(33) If the ordinance was adopted on February 24, 1992
by the Village of Heyworth.
(34) If the ordinance was adopted on March 16, 1995 by
the Village of Heyworth.
(35) If the ordinance was adopted on December 23, 1986
by the Town of Cicero.
(36) If the ordinance was adopted on December 30, 1986
by the City of Effingham.
(37) If the ordinance was adopted on May 9, 1991 by the
Village of Tilton.
(38) If the ordinance was adopted on October 20, 1986
by the City of Elmhurst.
(39) If the ordinance was adopted on January 19, 1988

by the City of Waukegan.
(40) If the ordinance was adopted on September 21, 1998
by the City of Waukegan.
(41) If the ordinance was adopted on December 31, 1986
by the City of Sullivan.
(42) If the ordinance was adopted on December 23, 1991
by the City of Sullivan.
(43) If the ordinance was adopted on December 31, 1986
by the City of Oglesby.
(44) If the ordinance was adopted on July 28, 1987 by
the City of Marion.
(45) If the ordinance was adopted on April 23, 1990 by
the City of Marion.
(46) If the ordinance was adopted on August 20, 1985 by
the Village of Mount Prospect.
(47) If the ordinance was adopted on February 2, 1998
by the Village of Woodhull.
(48) If the ordinance was adopted on April 20, 1993 by
the Village of Princeville.
(49) If the ordinance was adopted on July 1, 1986 by
the City of Granite City.
(50) If the ordinance was adopted on February 2, 1989
by the Village of Lombard.
(51) If the ordinance was adopted on December 29, 1986
by the Village of Gardner.
(52) If the ordinance was adopted on July 14, 1999 by

the Village of Paw Paw.
(53) If the ordinance was adopted on November 17, 1986
by the Village of Franklin Park.
(54) If the ordinance was adopted on November 20, 1989
by the Village of South Holland.
(55) If the ordinance was adopted on July 14, 1992 by
the Village of Riverdale.
(56) If the ordinance was adopted on December 29, 1986
by the City of Galesburg.
(57) If the ordinance was adopted on April 1, 1985 by
the City of Galesburg.
(58) If the ordinance was adopted on May 21, 1990 by
the City of West Chicago.
(59) If the ordinance was adopted on December 16, 1986
by the City of Oak Forest.
(60) If the ordinance was adopted in 1999 by the City
of Villa Grove.
(61) If the ordinance was adopted on January 13, 1987
by the Village of Mt. Zion.
(62) If the ordinance was adopted on December 30, 1986
by the Village of Manteno.
(63) If the ordinance was adopted on April 3, 1989 by
the City of Chicago Heights.
(64) If the ordinance was adopted on January 6, 1999 by
the Village of Rosemont.
(65) If the ordinance was adopted on December 19, 2000

by the Village of Stone Park.
(66) If the ordinance was adopted on December 22, 1986
by the City of DeKalb.
(67) If the ordinance was adopted on December 2, 1986
by the City of Aurora.
(68) If the ordinance was adopted on December 31, 1986
by the Village of Milan.
(69) If the ordinance was adopted on September 8, 1994
by the City of West Frankfort.
(70) If the ordinance was adopted on December 23, 1986
by the Village of Libertyville.
(71) If the ordinance was adopted on December 22, 1986
by the Village of Hoffman Estates.
(72) If the ordinance was adopted on September 17, 1986
by the Village of Sherman.
(73) If the ordinance was adopted on December 16, 1986
by the City of Macomb.
(74) If the ordinance was adopted on June 11, 2002 by
the City of East Peoria to create the West Washington
Street TIF.
(75) If the ordinance was adopted on June 11, 2002 by
the City of East Peoria to create the Camp Street TIF.
(76) If the ordinance was adopted on August 7, 2000 by
the City of Des Plaines.
(77) If the ordinance was adopted on December 22, 1986
by the City of Washington to create the Washington Square

TIF #2.
(78) If the ordinance was adopted on December 29, 1986
by the City of Morris.
(79) If the ordinance was adopted on July 6, 1998 by
the Village of Steeleville.
(80) If the ordinance was adopted on December 29, 1986
by the City of Pontiac to create TIF I (the Main St TIF).
(81) If the ordinance was adopted on December 29, 1986
by the City of Pontiac to create TIF II (the Interstate
TIF).
(82) If the ordinance was adopted on November 6, 2002
by the City of Chicago to create the Madden/Wells TIF
District.
(83) If the ordinance was adopted on November 4, 1998
by the City of Chicago to create the Roosevelt/Racine TIF
District.
(84) If the ordinance was adopted on June 10, 1998 by
the City of Chicago to create the Stony Island
Commercial/Burnside Industrial Corridors TIF District.
(85) If the ordinance was adopted on November 29, 1989
by the City of Chicago to create the Englewood Mall TIF
District.
(86) If the ordinance was adopted on December 27, 1986
by the City of Mendota.
(87) If the ordinance was adopted on December 31, 1986
by the Village of Cahokia.

(88) If the ordinance was adopted on September 20, 1999
by the City of Belleville.
(89) If the ordinance was adopted on December 30, 1986
by the Village of Bellevue to create the Bellevue TIF
District 1.
(90) If the ordinance was adopted on December 13, 1993
by the Village of Crete.
(91) If the ordinance was adopted on February 12, 2001
by the Village of Crete.
(92) If the ordinance was adopted on April 23, 2001 by
the Village of Crete.
(93) If the ordinance was adopted on December 16, 1986
by the City of Champaign.
(94) If the ordinance was adopted on December 20, 1986
by the City of Charleston.
(95) If the ordinance was adopted on June 6, 1989 by
the Village of Romeoville.
(96) If the ordinance was adopted on October 14, 1993
and amended on August 2, 2010 by the City of Venice.
(97) If the ordinance was adopted on June 1, 1994 by
the City of Markham.
(98) If the ordinance was adopted on May 19, 1998 by
the Village of Bensenville.
(99) If the ordinance was adopted on November 12, 1987
by the City of Dixon.
(100) If the ordinance was adopted on December 20, 1988

by the Village of Lansing.
(101) If the ordinance was adopted on October 27, 1998
by the City of Moline.
(102) If the ordinance was adopted on May 21, 1991 by
the Village of Glenwood.
(103) If the ordinance was adopted on January 28, 1992
by the City of East Peoria.
(104) If the ordinance was adopted on December 14, 1998
by the City of Carlyle.
(105) If the ordinance was adopted on May 17, 2000, as
subsequently amended, by the City of Chicago to create the
Midwest Redevelopment TIF District.
(106) If the ordinance was adopted on September 13,
1989 by the City of Chicago to create the Michigan/Cermak
Area TIF District.
(107) If the ordinance was adopted on March 30, 1992 by
the Village of Ohio.
(108) If the ordinance was adopted on July 6, 1998 by
the Village of Orangeville.
(109) If the ordinance was adopted on December 16, 1997
by the Village of Germantown.
(110) If the ordinance was adopted on April 28, 2003 by
Gibson City.
(111) If the ordinance was adopted on December 18, 1990
by the Village of Washington Park, but only after the
Village of Washington Park becomes compliant with the

reporting requirements under subsection (d) of Section
11-74.4-5, and after the State Comptroller's certification
of such compliance.
(112) If the ordinance was adopted on February 28, 2000
by the City of Harvey.
(113) If the ordinance was adopted on January 11, 1991
by the City of Chicago to create the Read/Dunning TIF
District.
(114) If the ordinance was adopted on July 24, 1991 by
the City of Chicago to create the Sanitary and Ship Canal
TIF District.
(115) If the ordinance was adopted on December 4, 2007
by the City of Naperville.
(116) If the ordinance was adopted on July 1, 2002 by
the Village of Arlington Heights.
(117) If the ordinance was adopted on February 11, 1991
by the Village of Machesney Park.
(118) If the ordinance was adopted on December 29, 1993
by the City of Ottawa.
(119) If the ordinance was adopted on June 4, 1991 by
the Village of Lansing.
(120) If the ordinance was adopted on February 10, 2004
by the Village of Fox Lake.
(121) If the ordinance was adopted on December 22, 1992
by the City of Fairfield.
(122) If the ordinance was adopted on February 10, 1992

by the City of Mt. Sterling.
(123) If the ordinance was adopted on March 15, 2004 by
the City of Batavia.
(124) If the ordinance was adopted on March 18, 2002 by
the Village of Lake Zurich.
(125) If the ordinance was adopted on September 23,
1997 by the City of Granite City.
(126) If the ordinance was adopted on May 8, 2013 by
the Village of Rosemont to create the Higgins Road/River
Road TIF District No. 6.
(127) If the ordinance was adopted on November 22, 1993
by the City of Arcola.
(128) If the ordinance was adopted on September 7, 2004
by the City of Arcola.
(129) If the ordinance was adopted on November 29, 1999
by the City of Paris.
(130) If the ordinance was adopted on September 20,
1994 by the City of Ottawa to create the U.S. Route 6 East
Ottawa TIF.
(131) If the ordinance was adopted on May 2, 2002 by
the Village of Crestwood.
(132) If the ordinance was adopted on October 27, 1992
by the City of Blue Island.
(133) If the ordinance was adopted on December 23, 1993
by the City of Lacon.
(134) If the ordinance was adopted on May 4, 1998 by

the Village of Bradford.
(135) If the ordinance was adopted on June 11, 2002 by
the City of Oak Forest.
(136) If the ordinance was adopted on November 16, 1992
by the City of Pinckneyville.
(137) If the ordinance was adopted on March 1, 2001 by
the Village of South Jacksonville.
(138) If the ordinance was adopted on February 26, 1992
by the City of Chicago to create the Stockyards Southeast
Quadrant TIF District.
(139) If the ordinance was adopted on January 25, 1993
by the City of LaSalle.
(140) If the ordinance was adopted on December 23, 1997
by the Village of Dieterich.
(141) If the ordinance was adopted on February 10, 2016
by the Village of Rosemont to create the Balmoral/Pearl TIF
No. 8 Tax Increment Financing Redevelopment Project Area.
(142) If the ordinance was adopted on June 11, 2002 by
the City of Oak Forest.
(143) If the ordinance was adopted on January 31, 1995
by the Village of Milledgeville.
(144) (143) If the ordinance was adopted on February 5,
1996 by the Village of Pearl City.
(145) (143) If the ordinance was adopted on December
21, 1994 by the City of Calumet City.
(d) For redevelopment project areas for which bonds were

issued before July 29, 1991, or for which contracts were
entered into before June 1, 1988, in connection with a
redevelopment project in the area within the State Sales Tax
Boundary, the estimated dates of completion of the
redevelopment project and retirement of obligations to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may be extended by municipal ordinance to
December 31, 2013. The termination procedures of subsection (b)
of Section 11-74.4-8 are not required for these redevelopment
project areas in 2009 but are required in 2013. The extension
allowed by Public Act 87-1272 shall not apply to real property
tax increment allocation financing under Section 11-74.4-8.
(e) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment project
areas that were adopted on or after December 16, 1986 and for
which at least $8 million worth of municipal bonds were
authorized on or after December 19, 1989 but before January 1,
1990; provided that the municipality elects to extend the life
of the redevelopment project area to 35 years by the adoption
of an ordinance after at least 14 but not more than 30 days'
written notice to the taxing bodies, that would otherwise
constitute the joint review board for the redevelopment project
area, before the adoption of the ordinance.
(f) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8

only, shall be not more than 35 years for redevelopment project
areas that were established on or after December 1, 1981 but
before January 1, 1982 and for which at least $1,500,000 worth
of tax increment revenue bonds were authorized on or after
September 30, 1990 but before July 1, 1991; provided that the
municipality elects to extend the life of the redevelopment
project area to 35 years by the adoption of an ordinance after
at least 14 but not more than 30 days' written notice to the
taxing bodies, that would otherwise constitute the joint review
board for the redevelopment project area, before the adoption
of the ordinance.
(f-5) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 47 years for redevelopment project
areas that were established on December 29, 1981 by the City of
Springfield; provided that (i) the City of Springfield adopts
an ordinance extending the life of the redevelopment project
area to 47 years and (ii) the City of Springfield provides
notice to the taxing bodies that would otherwise constitute the
joint review board for the redevelopment project area not more
than 30 and not less than 14 days prior to the adoption of that
ordinance.
(g) In consolidating the material relating to completion
dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
it is not the intent of the General Assembly to make any
substantive change in the law, except for the extension of the

completion dates for the City of Aurora, the Village of Milan,
the City of West Frankfort, the Village of Libertyville, and
the Village of Hoffman Estates set forth under items (67),
(68), (69), (70), and (71) of subsection (c) of this Section.
(Source: P.A. 99-78, eff. 7-20-15; 99-136, eff. 7-24-15;
99-263, eff. 8-4-15; 99-361, eff. 1-1-16; 99-394, eff. 8-18-15;
99-495, eff. 12-17-15; 99-508, eff. 6-24-16; 99-792, eff.
8-12-16; 100-201, eff. 8-18-17; 100-214, eff. 8-18-17;
100-249, eff. 8-22-17; 100-510, eff. 9-15-17; revised
10-2-17.)
Section 260. The Metropolitan Pier and Exposition
Authority Act is amended by changing Section 13 as follows:
(70 ILCS 210/13) (from Ch. 85, par. 1233)
Sec. 13. (a) The Authority shall not have power to levy
taxes for any purpose, except as provided in subsections (b),
(c), (d), (e), and (f).
(b) By ordinance the Authority shall, as soon as
practicable after July 1, 1992 (the effective date of Public
Act 87-733) this amendatory Act of 1991, impose a Metropolitan
Pier and Exposition Authority Retailers' Occupation Tax upon
all persons engaged in the business of selling tangible
personal property at retail within the territory described in
this subsection at the rate of 1.0% of the gross receipts (i)
from the sale of food, alcoholic beverages, and soft drinks

sold for consumption on the premises where sold and (ii) from
the sale of food, alcoholic beverages, and soft drinks sold for
consumption off the premises where sold by a retailer whose
principal source of gross receipts is from the sale of food,
alcoholic beverages, and soft drinks prepared for immediate
consumption.
The tax imposed under this subsection and all civil
penalties that may be assessed as an incident to that tax shall
be collected and enforced by the Illinois Department of
Revenue. The Department shall have full power to administer and
enforce this subsection, to collect all taxes and penalties so
collected in the manner provided in this subsection, and to
determine all rights to credit memoranda arising on account of
the erroneous payment of tax or penalty under this subsection.
In the administration of and compliance with this subsection,
the Department and persons who are subject to this subsection
shall have the same rights, remedies, privileges, immunities,
powers, and duties, shall be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions,
and definitions of terms, and shall employ the same modes of
procedure applicable to this Retailers' Occupation Tax as are
prescribed in Sections 1, 2 through 2-65 (in respect to all
provisions of those Sections other than the State rate of
taxes), 2c, 2h, 2i, 3 (except as to the disposition of taxes
and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January

1, 1994, 13.5 of the Retailers' Occupation Tax Act, and, on and
after January 1, 1994, all applicable provisions of the Uniform
Penalty and Interest Act that are not inconsistent with this
Act, as fully as if provisions contained in those Sections of
the Retailers' Occupation Tax Act were set forth in this
subsection.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
seller's tax liability under this subsection by separately
stating that tax as an additional charge, which charge may be
stated in combination, in a single amount, with State taxes
that sellers are required to collect under the Use Tax Act,
pursuant to bracket schedules as the Department may prescribe.
The retailer filing the return shall, at the time of filing the
return, pay to the Department the amount of tax imposed under
this subsection, less a discount of 1.75%, which is allowed to
reimburse the retailer for the expenses incurred in keeping
records, preparing and filing returns, remitting the tax, and
supplying data to the Department on request.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause a warrant to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metropolitan Pier and Exposition Authority

trust fund held by the State Treasurer as trustee for the
Authority.
Nothing in this subsection authorizes the Authority to
impose a tax upon the privilege of engaging in any business
that under the Constitution of the United States may not be
made the subject of taxation by this State.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee for the Authority, all taxes
and penalties collected under this subsection for deposit into
a trust fund held outside of the State Treasury.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this subsection
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
amounts to be paid under subsection (g) of this Section, which
shall be the amounts, not including credit memoranda, collected
under this subsection during the second preceding calendar
month by the Department, less any amounts determined by the
Department to be necessary for the payment of refunds, less 2%

of such balance, which sum shall be deposited by the State
Treasurer into the Tax Compliance and Administration Fund in
the State Treasury from which it shall be appropriated to the
Department to cover the costs of the Department in
administering and enforcing the provisions of this subsection,
and less any amounts that are transferred to the STAR Bonds
Revenue Fund. Within 10 days after receipt by the Comptroller
of the certification, the Comptroller shall cause the orders to
be drawn for the remaining amounts, and the Treasurer shall
administer those amounts as required in subsection (g).
A certificate of registration issued by the Illinois
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act shall permit the registrant to engage in a
business that is taxed under the tax imposed under this
subsection, and no additional registration shall be required
under the ordinance imposing the tax or under this subsection.
A certified copy of any ordinance imposing or discontinuing
any tax under this subsection or effecting a change in the rate
of that tax shall be filed with the Department, whereupon the
Department shall proceed to administer and enforce this
subsection on behalf of the Authority as of the first day of
the third calendar month following the date of filing.
The tax authorized to be levied under this subsection may
be levied within all or any part of the following described
portions of the metropolitan area:
(1) that portion of the City of Chicago located within

the following area: Beginning at the point of intersection
of the Cook County - DuPage County line and York Road, then
North along York Road to its intersection with Touhy
Avenue, then east along Touhy Avenue to its intersection
with the Northwest Tollway, then southeast along the
Northwest Tollway to its intersection with Lee Street, then
south along Lee Street to Higgins Road, then south and east
along Higgins Road to its intersection with Mannheim Road,
then south along Mannheim Road to its intersection with
Irving Park Road, then west along Irving Park Road to its
intersection with the Cook County - DuPage County line,
then north and west along the county line to the point of
beginning; and
(2) that portion of the City of Chicago located within
the following area: Beginning at the intersection of West
55th Street with Central Avenue, then east along West 55th
Street to its intersection with South Cicero Avenue, then
south along South Cicero Avenue to its intersection with
West 63rd Street, then west along West 63rd Street to its
intersection with South Central Avenue, then north along
South Central Avenue to the point of beginning; and
(3) that portion of the City of Chicago located within
the following area: Beginning at the point 150 feet west of
the intersection of the west line of North Ashland Avenue
and the north line of West Diversey Avenue, then north 150
feet, then east along a line 150 feet north of the north

line of West Diversey Avenue extended to the shoreline of
Lake Michigan, then following the shoreline of Lake
Michigan (including Navy Pier and all other improvements
fixed to land, docks, or piers) to the point where the
shoreline of Lake Michigan and the Adlai E. Stevenson
Expressway extended east to that shoreline intersect, then
west along the Adlai E. Stevenson Expressway to a point 150
feet west of the west line of South Ashland Avenue, then
north along a line 150 feet west of the west line of South
and North Ashland Avenue to the point of beginning.
The tax authorized to be levied under this subsection may
also be levied on food, alcoholic beverages, and soft drinks
sold on boats and other watercraft departing from and returning
to the shoreline of Lake Michigan (including Navy Pier and all
other improvements fixed to land, docks, or piers) described in
item (3).
(c) By ordinance the Authority shall, as soon as
practicable after July 1, 1992 (the effective date of Public
Act 87-733) this amendatory Act of 1991, impose an occupation
tax upon all persons engaged in the corporate limits of the
City of Chicago in the business of renting, leasing, or letting
rooms in a hotel, as defined in the Hotel Operators' Occupation
Tax Act, at a rate of 2.5% of the gross rental receipts from
the renting, leasing, or letting of hotel rooms within the City
of Chicago, excluding, however, from gross rental receipts the
proceeds of renting, leasing, or letting to permanent residents

of a hotel, as defined in that Act. Gross rental receipts shall
not include charges that are added on account of the liability
arising from any tax imposed by the State or any governmental
agency on the occupation of renting, leasing, or letting rooms
in a hotel.
The tax imposed by the Authority under this subsection and
all civil penalties that may be assessed as an incident to that
tax shall be collected and enforced by the Illinois Department
of Revenue. The certificate of registration that is issued by
the Department to a lessor under the Hotel Operators'
Occupation Tax Act shall permit that registrant to engage in a
business that is taxable under any ordinance enacted under this
subsection without registering separately with the Department
under that ordinance or under this subsection. The Department
shall have full power to administer and enforce this
subsection, to collect all taxes and penalties due under this
subsection, to dispose of taxes and penalties so collected in
the manner provided in this subsection, and to determine all
rights to credit memoranda arising on account of the erroneous
payment of tax or penalty under this subsection. In the
administration of and compliance with this subsection, the
Department and persons who are subject to this subsection shall
have the same rights, remedies, privileges, immunities,
powers, and duties, shall be subject to the same conditions,
restrictions, limitations, penalties, and definitions of
terms, and shall employ the same modes of procedure as are

prescribed in the Hotel Operators' Occupation Tax Act (except
where that Act is inconsistent with this subsection), as fully
as if the provisions contained in the Hotel Operators'
Occupation Tax Act were set out in this subsection.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause a warrant to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metropolitan Pier and Exposition Authority
trust fund held by the State Treasurer as trustee for the
Authority.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
tax liability for that tax by separately stating that tax as an
additional charge, which charge may be stated in combination,
in a single amount, with State taxes imposed under the Hotel
Operators' Occupation Tax Act, the municipal tax imposed under
Section 8-3-13 of the Illinois Municipal Code, and the tax
imposed under Section 19 of the Illinois Sports Facilities
Authority Act.
The person filing the return shall, at the time of filing
the return, pay to the Department the amount of tax, less a
discount of 2.1% or $25 per calendar year, whichever is
greater, which is allowed to reimburse the operator for the

expenses incurred in keeping records, preparing and filing
returns, remitting the tax, and supplying data to the
Department on request.
Except as otherwise provided in this paragraph, the
Department shall forthwith pay over to the State Treasurer, ex
officio, as trustee for the Authority, all taxes and penalties
collected under this subsection for deposit into a trust fund
held outside the State Treasury. On or before the 25th day of
each calendar month, the Department shall certify to the
Comptroller the amounts to be paid under subsection (g) of this
Section, which shall be the amounts (not including credit
memoranda) collected under this subsection during the second
preceding calendar month by the Department, less any amounts
determined by the Department to be necessary for payment of
refunds, less 2% of the remainder, which the Department shall
transfer into the Tax Compliance and Administration Fund. The
Department, at the time of each monthly disbursement to the
Authority, shall prepare and certify to the State Comptroller
the amount to be transferred into the Tax Compliance and
Administration Fund under this subsection. Within 10 days after
receipt by the Comptroller of the Department's certification,
the Comptroller shall cause the orders to be drawn for such
amounts, and the Treasurer shall administer the amounts
distributed to the Authority as required in subsection (g).
A certified copy of any ordinance imposing or discontinuing
a tax under this subsection or effecting a change in the rate

of that tax shall be filed with the Illinois Department of
Revenue, whereupon the Department shall proceed to administer
and enforce this subsection on behalf of the Authority as of
the first day of the third calendar month following the date of
filing.
(d) By ordinance the Authority shall, as soon as
practicable after July 1, 1992 (the effective date of Public
Act 87-733) this amendatory Act of 1991, impose a tax upon all
persons engaged in the business of renting automobiles in the
metropolitan area at the rate of 6% of the gross receipts from
that business, except that no tax shall be imposed on the
business of renting automobiles for use as taxicabs or in
livery service. The tax imposed under this subsection and all
civil penalties that may be assessed as an incident to that tax
shall be collected and enforced by the Illinois Department of
Revenue. The certificate of registration issued by the
Department to a retailer under the Retailers' Occupation Tax
Act or under the Automobile Renting Occupation and Use Tax Act
shall permit that person to engage in a business that is
taxable under any ordinance enacted under this subsection
without registering separately with the Department under that
ordinance or under this subsection. The Department shall have
full power to administer and enforce this subsection, to
collect all taxes and penalties due under this subsection, to
dispose of taxes and penalties so collected in the manner
provided in this subsection, and to determine all rights to

credit memoranda arising on account of the erroneous payment of
tax or penalty under this subsection. In the administration of
and compliance with this subsection, the Department and persons
who are subject to this subsection shall have the same rights,
remedies, privileges, immunities, powers, and duties, be
subject to the same conditions, restrictions, limitations,
penalties, and definitions of terms, and employ the same modes
of procedure as are prescribed in Sections 2 and 3 (in respect
to all provisions of those Sections other than the State rate
of tax; and in respect to the provisions of the Retailers'
Occupation Tax Act referred to in those Sections, except as to
the disposition of taxes and penalties collected, except for
the provision allowing retailers a deduction from the tax to
cover certain costs, and except that credit memoranda issued
under this subsection may not be used to discharge any State
tax liability) of the Automobile Renting Occupation and Use Tax
Act, as fully as if provisions contained in those Sections of
that Act were set forth in this subsection.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
tax liability under this subsection by separately stating that
tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax that sellers
are required to collect under the Automobile Renting Occupation
and Use Tax Act, pursuant to bracket schedules as the
Department may prescribe.

Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause a warrant to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metropolitan Pier and Exposition Authority
trust fund held by the State Treasurer as trustee for the
Authority.
Except as otherwise provided in this paragraph, the
Department shall forthwith pay over to the State Treasurer, ex
officio, as trustee, all taxes and penalties collected under
this subsection for deposit into a trust fund held outside the
State Treasury. On or before the 25th day of each calendar
month, the Department shall certify to the Comptroller the
amounts to be paid under subsection (g) of this Section (not
including credit memoranda) collected under this subsection
during the second preceding calendar month by the Department,
less any amount determined by the Department to be necessary
for payment of refunds, less 2% of the remainder, which the
Department shall transfer into the Tax Compliance and
Administration Fund. The Department, at the time of each
monthly disbursement to the Authority, shall prepare and
certify to the State Comptroller the amount to be transferred
into the Tax Compliance and Administration Fund under this
subsection. Within 10 days after receipt by the Comptroller of

the Department's certification, the Comptroller shall cause
the orders to be drawn for such amounts, and the Treasurer
shall administer the amounts distributed to the Authority as
required in subsection (g).
Nothing in this subsection authorizes the Authority to
impose a tax upon the privilege of engaging in any business
that under the Constitution of the United States may not be
made the subject of taxation by this State.
A certified copy of any ordinance imposing or discontinuing
a tax under this subsection or effecting a change in the rate
of that tax shall be filed with the Illinois Department of
Revenue, whereupon the Department shall proceed to administer
and enforce this subsection on behalf of the Authority as of
the first day of the third calendar month following the date of
filing.
(e) By ordinance the Authority shall, as soon as
practicable after July 1, 1992 (the effective date of Public
Act 87-733) this amendatory Act of 1991, impose a tax upon the
privilege of using in the metropolitan area an automobile that
is rented from a rentor outside Illinois and is titled or
registered with an agency of this State's government at a rate
of 6% of the rental price of that automobile, except that no
tax shall be imposed on the privilege of using automobiles
rented for use as taxicabs or in livery service. The tax shall
be collected from persons whose Illinois address for titling or
registration purposes is given as being in the metropolitan

area. The tax shall be collected by the Department of Revenue
for the Authority. The tax must be paid to the State or an
exemption determination must be obtained from the Department of
Revenue before the title or certificate of registration for the
property may be issued. The tax or proof of exemption may be
transmitted to the Department by way of the State agency with
which or State officer with whom the tangible personal property
must be titled or registered if the Department and that agency
or State officer determine that this procedure will expedite
the processing of applications for title or registration.
The Department shall have full power to administer and
enforce this subsection, to collect all taxes, penalties, and
interest due under this subsection, to dispose of taxes,
penalties, and interest so collected in the manner provided in
this subsection, and to determine all rights to credit
memoranda or refunds arising on account of the erroneous
payment of tax, penalty, or interest under this subsection. In
the administration of and compliance with this subsection, the
Department and persons who are subject to this subsection shall
have the same rights, remedies, privileges, immunities,
powers, and duties, be subject to the same conditions,
restrictions, limitations, penalties, and definitions of
terms, and employ the same modes of procedure as are prescribed
in Sections 2 and 4 (except provisions pertaining to the State
rate of tax; and in respect to the provisions of the Use Tax
Act referred to in that Section, except provisions concerning

collection or refunding of the tax by retailers, except the
provisions of Section 19 pertaining to claims by retailers,
except the last paragraph concerning refunds, and except that
credit memoranda issued under this subsection may not be used
to discharge any State tax liability) of the Automobile Renting
Occupation and Use Tax Act, as fully as if provisions contained
in those Sections of that Act were set forth in this
subsection.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause a warrant to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metropolitan Pier and Exposition Authority
trust fund held by the State Treasurer as trustee for the
Authority.
Except as otherwise provided in this paragraph, the
Department shall forthwith pay over to the State Treasurer, ex
officio, as trustee, all taxes, penalties, and interest
collected under this subsection for deposit into a trust fund
held outside the State Treasury. On or before the 25th day of
each calendar month, the Department shall certify to the State
Comptroller the amounts to be paid under subsection (g) of this
Section, which shall be the amounts (not including credit
memoranda) collected under this subsection during the second

preceding calendar month by the Department, less any amounts
determined by the Department to be necessary for payment of
refunds, less 2% of the remainder, which the Department shall
transfer into the Tax Compliance and Administration Fund. The
Department, at the time of each monthly disbursement to the
Authority, shall prepare and certify to the State Comptroller
the amount to be transferred into the Tax Compliance and
Administration Fund under this subsection. Within 10 days after
receipt by the State Comptroller of the Department's
certification, the Comptroller shall cause the orders to be
drawn for such amounts, and the Treasurer shall administer the
amounts distributed to the Authority as required in subsection
(g).
A certified copy of any ordinance imposing or discontinuing
a tax or effecting a change in the rate of that tax shall be
filed with the Illinois Department of Revenue, whereupon the
Department shall proceed to administer and enforce this
subsection on behalf of the Authority as of the first day of
the third calendar month following the date of filing.
(f) By ordinance the Authority shall, as soon as
practicable after July 1, 1992 (the effective date of Public
Act 87-733) this amendatory Act of 1991, impose an occupation
tax on all persons, other than a governmental agency, engaged
in the business of providing ground transportation for hire to
passengers in the metropolitan area at a rate of (i) $4 per
taxi or livery vehicle departure with passengers for hire from

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

reimburse themselves for the tax liability arising under the
ordinance (i) by separately stating the full amount of the tax
liability as an additional charge to passengers departing the
airports, (ii) by separately stating one-half of the tax
liability as an additional charge to both passengers departing
from and to passengers arriving at the airports, or (iii) by
some other method determined by the Authority.
All taxes, penalties, and interest collected under any
ordinance adopted under this subsection, less any amounts
determined to be necessary for the payment of refunds and less
the taxes, penalties, and interest attributable to any increase
in the rate of tax authorized by Public Act 96-898, shall be
paid forthwith to the State Treasurer, ex officio, for deposit
into a trust fund held outside the State Treasury and shall be
administered by the State Treasurer as provided in subsection
(g) of this Section. All taxes, penalties, and interest
attributable to any increase in the rate of tax authorized by
Public Act 96-898 shall be paid by the State Treasurer as
follows: 25% for deposit into the Convention Center Support
Fund, to be used by the Village of Rosemont for the repair,
maintenance, and improvement of the Donald E. Stephens
Convention Center and for debt service on debt instruments
issued for those purposes by the village and 75% to the
Authority to be used for grants to an organization meeting the
qualifications set out in Section 5.6 of this Act, provided the
Metropolitan Pier and Exposition Authority has entered into a

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

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

the surplus revenues in the trust fund and pay that amount
to the Authority. On July 20, 2015 and on July 20 of each
year thereafter to and including July 20, 2017, as long as
bonds and notes issued under Section 13.2 or bonds and
notes issued to refund those bonds and notes are
outstanding, the Treasurer shall calculate for the
previous fiscal year the surplus revenues in the trust fund
and pay one-half of that amount to the State Treasurer for
deposit into the General Revenue Fund until the 2010
deficiency amount has been paid and shall pay the balance
of the surplus revenues to the Authority. On July 20, 2018
and on July 20 of each year thereafter, the Treasurer shall
calculate for the previous fiscal year the surplus revenues
in the trust fund and pay all of such surplus revenues to
the State Treasurer for deposit into the General Revenue
Fund until the 2010 deficiency amount has been paid. After
the 2010 deficiency amount has been paid, the Treasurer
shall pay the balance of the surplus revenues to the
Authority. "Surplus revenues" means the amounts remaining
in the trust fund on June 30 of the previous fiscal year
(A) after the State Treasurer has set aside in the trust
fund (i) amounts retained for refunds under subparagraph
(1) and (ii) any amounts necessary to meet the reserve
account amount and (B) after the State Treasurer has
transferred from the trust fund to the General Revenue Fund
100% of any post-2010 deficiency amount. "Reserve account

amount" means $15 million in fiscal year 2011 and $30
million in each fiscal year thereafter. The reserve account
amount shall be set aside in the trust fund and used as a
reserve to be transferred to the McCormick Place Expansion
Project Fund in the event the proceeds of taxes imposed
under this Section 13 are not sufficient to fund the
transfer required in subparagraph (2). "Post-2010
deficiency amount" means any deficiency in transfers from
the trust fund to the McCormick Place Expansion Project
Fund with respect to fiscal years 2011 and thereafter. It
is the intention of this subparagraph (3) that no surplus
revenues shall be paid to the Authority with respect to any
year in which a post-2010 deficiency amount has not been
satisfied by the Authority.
Moneys received by the Authority as surplus revenues may be
used (i) for the purposes of paying debt service on the bonds
and notes issued by the Authority, including early redemption
of those bonds or notes, (ii) for the purposes of repair,
replacement, and improvement of the grounds, buildings, and
facilities of the Authority, and (iii) for the corporate
purposes of the Authority in fiscal years 2011 through 2015 in
an amount not to exceed $20,000,000 annually or $80,000,000
total, which amount shall be reduced $0.75 for each dollar of
the receipts of the Authority in that year from any contract
entered into with respect to naming rights at McCormick Place
under Section 5(m) of this Act. When bonds and notes issued

under Section 13.2, or bonds or notes issued to refund those
bonds and notes, are no longer outstanding, the balance in the
trust fund shall be paid to the Authority.
(h) The ordinances imposing the taxes authorized by this
Section shall be repealed when bonds and notes issued under
Section 13.2 or bonds and notes issued to refund those bonds
and notes are no longer outstanding.
(Source: P.A. 100-23, Article 5, Section 5-35, eff. 7-6-17;
100-23, Article 35, Section 35-25, eff. 7-6-17; revised
8-15-17.)
Section 265. The Local Mass Transit District Act is amended
by changing Section 8 as follows:
(70 ILCS 3610/8) (from Ch. 111 2/3, par. 358)
Sec. 8. Every District shall be subject to the provisions
of the Public Utilities Act "An Act concerning public
utilities", approved June 29, 1921, as heretofore and hereafter
amended.
(Source: Laws 1959, p. 1635; revised 10-3-17.)
Section 270. The Regional Transportation Authority Act is
amended by changing Sections 2.02, 2.06, and 2.21 as follows:
(70 ILCS 3615/2.02) (from Ch. 111 2/3, par. 702.02)
Sec. 2.02. Purchase of service contracts; grants Service

Contracts - Grants.
(a) The Service Boards may purchase public transportation
from transportation agencies upon such terms and conditions as
may be set forth in purchase of service agreements between the
Service Boards and the transportation agencies.
(b) Grants may be made either by: (i) the Authority to a
Service Board; or (ii) a Service Board to either a
transportation agency or another Service Board, all for
operating and other expenses, or for developing or planning
public transportation or for constructing or acquiring public
transportation facilities, all upon such terms and conditions
as that Service Board or the Authority shall prescribe or as
that Service Board and the Authority or that Service Board and
the transportation agency shall agree in any grant contract.
(c) The Board shall adopt, to the extent it determines
feasible, guidelines setting forth uniform standards for the
making of grants and purchase of service agreements. Such grant
contracts contacts or purchase of service agreements may be for
such number of years or duration as the parties shall agree.
Any purchase of service agreement with a transportation
agency which is not a public body shall be upon terms and
conditions which will allow the transportation agency to
receive for the public transportation provided pursuant to the
agreement net income, after reasonable deductions for
depreciation and other proper and necessary reserves, equal to
an amount which is a reasonable return upon the value of such

portion of the transportation agency's property as is used and
useful in rendering such transportation service. This
paragraph shall be construed in a manner consistent with the
principles applicable to such a transportation agency in rate
proceedings under the Public Utilities Act "An Act concerning
public utilities", approved June 29, 1921, as now or hereafter
amended. This paragraph shall not be construed to provide for
the funding of reserves or guarantee that such a transportation
agency shall in fact receive any return. A Service Board shall,
within 180 days after receiving a written request from a
transportation agency which is not a public body, tender and
offer to enter into with such transportation agency a purchase
of service agreement that is in conformity with this Act and
that covers the public transportation services by rail (other
than experimental or demonstration services) which such agency
is providing at the time of such request and which services
either were in operation for at least one year immediately
preceding the effective date of this Act or were in operation
pursuant to a purchase of service or grant agreement with the
Authority or Service Board. No such tender by a Service Board
need be made before April 1, 1975. The first purchase of
service agreement so requested shall not, unless the parties
agree otherwise, become effective prior to June 30, 1975. If,
following such a request and tender, a Service Board and the
transportation agency do not agree upon the amount of
compensation to be provided to the agency by the Service Board

under the purchase of service agreement or fares and charges
under the purchase of service agreement, either of them may
submit such unresolved issues to the Illinois Commerce
Commission for determination. The Commission shall determine
the unresolved issues in conformity with this Act. The
Commission's determination shall be set forth in writing,
together with such terms as are agreed by the parties and any
other unresolved terms as tendered by the Service Board, in a
single document which shall constitute the entire purchase of
service agreement between the Service Board and the
transportation agency, which agreement, in the absence of
contrary agreement by the parties, shall be for a term of 3
years effective as of July 1, 1975, or, if the agreement is
requested to succeed a currently effective or recently expired
purchase of service agreement between the parties, as of the
date of such expiration. The decision of the Commission shall
be binding upon the Service Board and the transportation
agency, subject to judicial review as provided in the Public
Utilities Act "An Act concerning public utilities", as approved
June 29, 1921, as now or hereafter amended, but the parties may
at any time mutually amend or terminate a purchase of service
agreement. Prompt settlement between the parties shall be made
of any sums owing under the terms of the purchase of service
agreement so established for public transportation services
performed on and after the effective date of any such
agreement. If the Authority reduces the amount of operating

subsidy available to a Service Board under the provisions of
Section 4.09 or Section 4.11, the Service Board shall, from
those funds available to it under Section 4.02, first discharge
its financial obligations under the terms of a purchase of
service contract to any transportation agency which is not a
public body, unless such transportation agency has failed to
take any action requested by the Service Board, which under the
terms of the purchase of service contract the Service Board can
require the transportation agency to take, which would have the
effect of reducing the financial obligation of the Service
Board to the transportation agency. The provisions of this
paragraph (c) shall not preclude a Service Board and a
transportation agency from otherwise entering into a purchase
of service or grant agreement in conformity with this Act or an
agreement for the Authority or a Service Board to purchase or a
Service Board to operate that agency's public transportation
facilities, and shall not limit the exercise of the right of
eminent domain by the Authority pursuant to this Act.
(d) Any transportation agency providing public
transportation pursuant to a purchase of service or grant
agreement with the Authority or a Service Board shall be
subject to the "Illinois Human Rights Act", as now or hereafter
amended, and the remedies and procedures established
thereunder. Such agency shall file an affirmative action
program for employment by it with regard to public
transportation so provided with the Department of Human Rights

within one year of the purchase of service or grant agreement,
to ensure that applicants are employed and that employees are
treated during employment, without unlawful discrimination.
Such affirmative action program shall include provisions
relating to hiring, upgrading, demotion, transfer,
recruitment, recruitment advertising, selection for training
and rates of pay or other forms of compensation. No unlawful
discrimination as defined and prohibited in the Illinois Human
Rights Act in any such employment shall be made in any term or
aspect of employment and discrimination based upon political
reasons or factors shall be prohibited.
(e) A Service Board, subject to the provisions of paragraph
(c) of this Section, may not discriminate against a
transportation agency with which it has a purchase of service
contract or grant agreement in any condition affecting the
operation of the public transportation facility including the
level of subsidy provided, the quality or standard of public
transportation to be provided or in meeting the financial
obligations to transportation agencies under the terms of a
purchase of service or grant contract. Any transportation
agency that believes that a Service Board is discriminating
against it may, after attempting to resolve the alleged
discrimination by meeting with the Service Board with which it
has a purchase of service or grant contract, appeal to the
Authority. The Board shall name 3 of its members, other than a
member of the board of the concerned Service Board, to serve as

a panel to arbitrate the dispute. The panel shall render a
recommended decision to the Board which shall be binding on the
Service Board and the transportation agency if adopted by the
Board. The panel may not require the Service Board to take any
action which would increase the operating budget of the Service
Board. The decision of the Board shall be enforceable in a
court of general jurisdiction.
(Source: P.A. 83-885; 83-886; revised 10-3-17.)
(70 ILCS 3615/2.06) (from Ch. 111 2/3, par. 702.06)
Sec. 2.06. Use of streets and roads; relationship Streets
and Roads - Relationship with Illinois Commerce Commission.
(a) The Authority may for the benefit of a Service Board,
by ordinance, provide for special lanes for exclusive or
special use by public transportation vehicles with regard to
any roads, streets, ways, highways, bridges, toll highways or
toll bridges in the metropolitan region, notwithstanding any
governmental statute, ordinance or regulation to the contrary.
(b) The Authority, for the benefit of a Service Board,
shall have the power to use and, by ordinance, to authorize any
Service Board or transportation agency to use without any
franchise, charge, permit or license any public road, street,
way, highway, bridge, toll highway or toll bridge within the
metropolitan region for the provision of public
transportation. Transportation agencies which have purchase of
service agreements with a Service Board as to any public

transportation shall not as to any aspect of such public
transportation be subject to any supervision, licensing or
regulation imposed by any unit of local government in the
metropolitan region, except as may be specifically authorized
by the Authority and except for regular police supervision of
vehicular traffic.
(c) The Authority shall not be subject to the Public
Utilities Act "An Act concerning public utilities", approved
June 29, 1921, as now or hereafter amended. Transportation
agencies which have any purchase of service agreement with a
Service Board shall not be subject to that Act as to any public
transportation which is the subject of such agreement. No
contract or agreement entered into by any transportation agency
with a Service Board shall be subject to approval of or
regulation by the Illinois Commerce Commission. If a Service
Board shall determine that any particular public
transportation service provided by a transportation agency
with which the Service Board has a purchase of service
agreement is not necessary for the public interest and shall,
for that reason, decline to enter into any purchase of service
agreement for such particular service, then the Service Board
shall have no obligation pursuant to Section 2.02(c) to offer
or make a purchase of service agreement with respect to that
particular service and the transportation agency may
discontinue the particular service. Such discontinuation shall
not be subject to the approval of or regulation by the Illinois

Commerce Commission. The acquisition by the Authority by
eminent domain of any property, from any transportation agency,
shall not be subject to the approval of or regulation by the
Illinois Commerce Commission, provided, however, that the
requirement in Section 7-102 of the Code of Civil Procedure, as
amended, requiring in certain instances prior approval of the
Illinois Commerce Commission for taking or damaging of property
of railroads or other public utilities shall continue to apply
as to any taking or damaging by the Authority of any real
property of such a railroad not used for public transportation
or of any real property of such other public utility.
(Source: P.A. 83-885; 83-886; revised 10-3-17.)
(70 ILCS 3615/2.21) (from Ch. 111 2/3, par. 702.21)
Sec. 2.21. (a) The Authority or the Commuter Rail Board may
not in the exercise of its powers to provide effective public
transportation as provided by this Act:
(i) require or authorize the operation of, or operate
or acquire by eminent domain or otherwise, any public
transportation facility or service on terms or in a manner
which unreasonably interferes with the ability of a
railroad to provide efficient freight or inter-city
passenger service. This subparagraph shall not bar the
Authority from acquiring title to any property pursuant to
Section 2.13 in a manner consistent with this subparagraph.
(ii) obtain by eminent domain any interest in any right

of way or any other real property of a railroad which is
not a public body in excess of the interest to be used for
public transportation as provided in this Act.
(iii) prohibit the operation of public transportation
by a private carrier that does not receive a grant or
purchase of service contract from the Authority or a
Service Board.
(b) If in connection with any construction, acquisition, or
other activity undertaken by or for the Authority or a Service
Board, or pursuant to any purchase of service or grant
agreement with the Authority or a Service Board, any facility
of a public utility (as defined in the Public Utilities Act "An
Act concerning public utilities", approved June 29, 1921, as
amended), is removed or relocated from its then-existing site
all costs and expenses of such relocation or removal, including
the cost of installing such facilities in a new location or
locations, and the cost of any land or lands, or interest in
land, or any rights required to accomplish such relocation or
removal, shall be paid by the Authority or a Service Board. If
any such facilities are so relocated onto the properties of the
Authority or the Service Board or onto properties made
available for that purpose by the Authority or the Service
Board, there shall be no rent, fee, or other charge of any kind
imposed upon the public utility owning or operating such
facilities in excess of that imposed prior to such relocation
and such public utility, and its successors and assigns, shall

be granted the right to operate such facilities in the new
location or locations for as long a period and upon the same
terms and conditions as it had the right to maintain and
operate such facilities in their former location. Nothing in
this paragraph (b) shall prevent the Authority or the Service
Board and a transportation agency from agreeing in a purchase
of service agreement or otherwise to make different
arrangements for such relocations or the costs thereof.
(Source: P.A. 83-885; 83-886; revised 10-3-17.)
Section 275. The Water Commission Act of 1985 is amended by
changing Section 4 as follows:
(70 ILCS 3720/4) (from Ch. 111 2/3, par. 254)
Sec. 4. Taxes.
(a) The board of commissioners of any county water
commission may, by ordinance, impose throughout the territory
of the commission any or all of the taxes provided in this
Section for its corporate purposes. However, no county water
commission may impose any such tax unless the commission
certifies the proposition of imposing the tax to the proper
election officials, who shall submit the proposition to the
voters residing in the territory at an election in accordance
with the general election law, and the proposition has been
approved by a majority of those voting on the proposition.
The proposition shall be in the form provided in Section 5

or shall be substantially in the following form:
-------------------------------------------------------------
Shall the (insert corporate
name of county water commission) YES
impose (state type of tax or ------------------------
taxes to be imposed) at the NO
rate of 1/4%?
-------------------------------------------------------------
Taxes imposed under this Section and civil penalties
imposed incident thereto shall be collected and enforced by the
State Department of Revenue. The Department shall have the
power to administer and enforce the taxes and to determine all
rights for refunds for erroneous payments of the taxes.
(b) The board of commissioners may impose a County Water
Commission Retailers' Occupation Tax upon all persons engaged
in the business of selling tangible personal property at retail
in the territory of the commission at a rate of 1/4% of the
gross receipts from the sales made in the course of such
business within the territory. The tax imposed under this
paragraph and all civil penalties that may be assessed as an
incident thereof shall be collected and enforced by the State
Department of Revenue. The Department shall have full power to
administer and enforce this paragraph; to collect all taxes and
penalties due hereunder; to dispose of taxes and penalties so
collected in the manner hereinafter provided; and to determine
all rights to credit memoranda arising on account of the

erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with, this paragraph, the
Department and persons who are subject to this paragraph shall
have the same rights, remedies, privileges, immunities, powers
and duties, and be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions
and definitions of terms, and employ the same modes of
procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
therein other than the State rate of tax except that food for
human consumption that is to be consumed off the premises where
it is sold (other than alcoholic beverages, soft drinks, and
food that has been prepared for immediate consumption) and
prescription and nonprescription medicine, drugs, medical
appliances and insulin, urine testing materials, syringes, and
needles used by diabetics, for human use, shall not be subject
to tax hereunder), 2c, 3 (except as to the disposition of taxes
and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,
5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13
of the Retailers' Occupation Tax Act and Section 3-7 of the
Uniform Penalty and Interest Act, as fully as if those
provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this paragraph may reimburse themselves for their
seller's tax liability hereunder by separately stating the tax
as an additional charge, which charge may be stated in

combination, in a single amount, with State taxes that sellers
are required to collect under the Use Tax Act and under
subsection (e) of Section 4.03 of the Regional Transportation
Authority Act, in accordance with such bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of a county water commission tax fund established
under subsection paragraph (g) of this Section.
For the purpose of determining whether a tax authorized
under this paragraph is applicable, a retail sale by a producer
of coal or other mineral mined in Illinois is a sale at retail
at the place where the coal or other mineral mined in Illinois
is extracted from the earth. This paragraph does not apply to
coal or other mineral when it is delivered or shipped by the
seller to the purchaser at a point outside Illinois so that the
sale is exempt under the Federal Constitution as a sale in
interstate or foreign commerce.
If a tax is imposed under this subsection (b), a tax shall
also be imposed under subsections (c) and (d) of this Section.
No tax shall be imposed or collected under this subsection
on the sale of a motor vehicle in this State to a resident of

another state if that motor vehicle will not be titled in this
State.
Nothing in this paragraph shall be construed to authorize a
county water commission to impose a tax upon the privilege of
engaging in any business which under the Constitution of the
United States may not be made the subject of taxation by this
State.
(c) If a tax has been imposed under subsection (b), a
County Water Commission Service Occupation Tax shall also be
imposed upon all persons engaged, in the territory of the
commission, in the business of making sales of service, who, as
an incident to making the sales of service, transfer tangible
personal property within the territory. The tax rate shall be
1/4% of the selling price of tangible personal property so
transferred within the territory. The tax imposed under this
paragraph and all civil penalties that may be assessed as an
incident thereof shall be collected and enforced by the State
Department of Revenue. The Department shall have full power to
administer and enforce this paragraph; to collect all taxes and
penalties due hereunder; to dispose of taxes and penalties so
collected in the manner hereinafter provided; and to determine
all rights to credit memoranda arising on account of the
erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with, this paragraph, the
Department and persons who are subject to this paragraph shall
have the same rights, remedies, privileges, immunities, powers

and duties, and be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions
and definitions of terms, and employ the same modes of
procedure, as are prescribed in Sections 1a-1, 2 (except that
the reference to State in the definition of supplier
maintaining a place of business in this State shall mean the
territory of the commission), 2a, 3 through 3-50 (in respect to
all provisions therein other than the State rate of tax except
that food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, shall not be subject to tax hereunder), 4 (except that the
reference to the State shall be to the territory of the
commission), 5, 7, 8 (except that the jurisdiction to which the
tax shall be a debt to the extent indicated in that Section 8
shall be the commission), 9 (except as to the disposition of
taxes and penalties collected and except that the returned
merchandise credit for this tax may not be taken against any
State tax), 10, 11, 12 (except the reference therein to Section
2b of the Retailers' Occupation Tax Act), 13 (except that any
reference to the State shall mean the territory of the
commission), the first paragraph of Section 15, 15.5, 16, 17,
18, 19, and 20 of the Service Occupation Tax Act as fully as if

those provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this paragraph may reimburse themselves for their
serviceman's tax liability hereunder by separately stating the
tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax that servicemen
are authorized to collect under the Service Use Tax Act, and
any tax for which servicemen may be liable under subsection (f)
of Section 4.03 of the Regional Transportation Authority Act,
in accordance with such bracket schedules as the Department may
prescribe.
Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of a county water commission tax fund established
under subsection paragraph (g) of this Section.
Nothing in this paragraph shall be construed to authorize a
county water commission to impose a tax upon the privilege of
engaging in any business which under the Constitution of the
United States may not be made the subject of taxation by the
State.
(d) If a tax has been imposed under subsection (b), a tax
shall also be imposed upon the privilege of using, in the

territory of the commission, any item of tangible personal
property that is purchased outside the territory at retail from
a retailer, and that is titled or registered with an agency of
this State's government, at a rate of 1/4% of the selling price
of the tangible personal property within the territory, as
"selling price" is defined in the Use Tax Act. The tax shall be
collected from persons whose Illinois address for titling or
registration purposes is given as being in the territory. The
tax shall be collected by the Department of Revenue for a
county water commission. The tax must be paid to the State, or
an exemption determination must be obtained from the Department
of Revenue, before the title or certificate of registration for
the property may be issued. The tax or proof of exemption may
be transmitted to the Department by way of the State agency
with which, or the State officer with whom, the tangible
personal property must be titled or registered if the
Department and the State agency or State officer determine that
this procedure will expedite the processing of applications for
title or registration.
The Department shall have full power to administer and
enforce this paragraph; to collect all taxes, penalties, and
interest due hereunder; to dispose of taxes, penalties, and
interest so collected in the manner hereinafter provided; and
to determine all rights to credit memoranda or refunds arising
on account of the erroneous payment of tax, penalty, or
interest hereunder. In the administration of, and compliance

with this paragraph, the Department and persons who are subject
to this paragraph shall have the same rights, remedies,
privileges, immunities, powers, and duties, and be subject to
the same conditions, restrictions, limitations, penalties,
exclusions, exemptions, and definitions of terms and employ the
same modes of procedure, as are prescribed in Sections 2
(except the definition of "retailer maintaining a place of
business in this State"), 3 through 3-80 (except provisions
pertaining to the State rate of tax, and except provisions
concerning collection or refunding of the tax by retailers, and
except that food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks, and food that has been prepared for
immediate consumption) and prescription and nonprescription
medicines, drugs, medical appliances and insulin, urine
testing materials, syringes, and needles used by diabetics, for
human use, shall not be subject to tax hereunder), 4, 11, 12,
12a, 14, 15, 19 (except the portions pertaining to claims by
retailers and except the last paragraph concerning refunds),
20, 21, and 22 of the Use Tax Act and Section 3-7 of the Uniform
Penalty and Interest Act that are not inconsistent with this
paragraph, as fully as if those provisions were set forth
herein.
Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State

Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of a county water commission tax fund established
under subsection paragraph (g) of this Section.
(e) A certificate of registration issued by the State
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act
shall permit the registrant to engage in a business that is
taxed under the tax imposed under subsection paragraphs (b),
(c), or (d) of this Section and no additional registration
shall be required under the tax. A certificate issued under the
Use Tax Act or the Service Use Tax Act shall be applicable with
regard to any tax imposed under subsection paragraph (c) of
this Section.
(f) Any ordinance imposing or discontinuing any tax under
this Section shall be adopted and a certified copy thereof
filed with the Department on or before June 1, whereupon the
Department of Revenue shall proceed to administer and enforce
this Section on behalf of the county water commission as of
September 1 next following the adoption and filing. Beginning
January 1, 1992, an ordinance or resolution imposing or
discontinuing the tax hereunder shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of July, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of

October next following such adoption and filing. Beginning
January 1, 1993, an ordinance or resolution imposing or
discontinuing the tax hereunder shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of October, whereupon the Department shall
proceed to administer and enforce this Section as of the first
day of January next following such adoption and filing.
(g) The State Department of Revenue shall, upon collecting
any taxes as provided in this Section, pay the taxes over to
the State Treasurer as trustee for the commission. The taxes
shall be held in a trust fund outside the State Treasury.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the State
Department of Revenue shall prepare and certify to the
Comptroller of the State of Illinois the amount to be paid to
the commission, which shall be the amount (not including credit
memoranda) collected under this Section during the second
preceding calendar month by the Department plus an amount the

Department determines is necessary to offset any amounts that
were erroneously paid to a different taxing body, and not
including any amount equal to the amount of refunds made during
the second preceding calendar month by the Department on behalf
of the commission, and not including any amount that the
Department determines is necessary to offset any amounts that
were payable to a different taxing body but were erroneously
paid to the commission, and less any amounts that are
transferred to the STAR Bonds Revenue Fund, less 2% of the
remainder, which shall be transferred into the Tax Compliance
and Administration Fund. The Department, at the time of each
monthly disbursement to the commission, shall prepare and
certify to the State Comptroller the amount to be transferred
into the Tax Compliance and Administration Fund under this
subsection. Within 10 days after receipt by the Comptroller of
the certification of the amount to be paid to the commission
and the Tax Compliance and Administration Fund, the Comptroller
shall cause an order to be drawn for the payment for the amount
in accordance with the direction in the certification.
(h) Beginning June 1, 2016, any tax imposed pursuant to
this Section may no longer be imposed or collected, unless a
continuation of the tax is approved by the voters at a
referendum as set forth in this Section.
(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16;
100-23, eff. 7-6-17; revised 10-3-17.)

Section 280. The School Code is amended by changing
Sections 2-3.64a-5, 2-3.162, 3-14.23, 10-17a, 10-22.3f,
10-22.6, 14-8.02, 14-8.02a, 14-13.01, 17-2A, 18-8.05, 18-12,
19-1, 21B-20, 21B-25, 21B-30, 21B-45, 22-80, 26-1, 27-8.1,
27A-5, 29-5, and 32-7.3 and by setting forth and renumbering
multiple versions of Sections 2-3.170, 10-20.60, and 34-18.53
as follows:
(105 ILCS 5/2-3.64a-5)
Sec. 2-3.64a-5. State goals and assessment.
(a) For the assessment and accountability purposes of this
Section, "students" includes those students enrolled in a
public or State-operated elementary school, secondary school,
or cooperative or joint agreement with a governing body or
board of control, a charter school operating in compliance with
the Charter Schools Law, a school operated by a regional office
of education under Section 13A-3 of this Code, or a public
school administered by a local public agency or the Department
of Human Services.
(b) The State Board of Education shall establish the
academic standards that are to be applicable to students who
are subject to State assessments under this Section. The State
Board of Education shall not establish any such standards in
final form without first providing opportunities for public
participation and local input in the development of the final
academic standards. Those opportunities shall include a

well-publicized period of public comment and opportunities to
file written comments.
(c) Beginning no later than the 2014-2015 school year, the
State Board of Education shall annually assess all students
enrolled in grades 3 through 8 in English language arts and
mathematics.
Beginning no later than the 2017-2018 school year, the
State Board of Education shall annually assess all students in
science at one grade in grades 3 through 5, at one grade in
grades 6 through 8, and at one grade in grades 9 through 12.
The State Board of Education shall annually assess schools
that operate a secondary education program, as defined in
Section 22-22 of this Code, in English language arts and
mathematics. The State Board of Education shall administer no
more than 3 assessments, per student, of English language arts
and mathematics for students in a secondary education program.
One of these assessments shall include a college and career
ready determination that shall be accepted by this State's
public institutions of higher education, as defined in the
Board of Higher Education Act, for the purpose of student
application or admissions consideration. The assessment
administered by the State Board of Education for the purpose of
student application to or admissions consideration by
institutions of higher education must be administered on a
school day during regular student attendance hours.
Students who are not assessed for college and career ready

determinations may not receive a regular high school diploma
unless the student is exempted from taking State assessments
under subsection (d) of this Section because (i) the student's
individualized educational program developed under Article 14
of this Code identifies the State assessment as inappropriate
for the student, (ii) the student is enrolled in a program of
adult and continuing education, as defined in the Adult
Education Act, (iii) the school district is not required to
assess the individual student for purposes of accountability
under federal No Child Left Behind Act of 2001 requirements,
(iv) the student has been determined to be an English learner
and has been enrolled in schools in the United States for less
than 12 months, or (v) the student is otherwise identified by
the State Board of Education, through rules, as being exempt
from the assessment.
The State Board of Education shall not assess students
under this Section in subjects not required by this Section.
Districts shall inform their students of the timelines and
procedures applicable to their participation in every yearly
administration of the State assessments. The State Board of
Education shall establish periods of time in each school year
during which State assessments shall occur to meet the
objectives of this Section.
(d) Every individualized educational program as described
in Article 14 shall identify if the State assessment or
components thereof are appropriate for the student. The State

Board of Education shall develop rules governing the
administration of an alternate assessment that may be available
to students for whom participation in this State's regular
assessments is not appropriate, even with accommodations as
allowed under this Section.
Students receiving special education services whose
individualized educational programs identify them as eligible
for the alternative State assessments nevertheless shall have
the option of taking this State's regular assessment that
includes a college and career ready determination, which shall
be administered in accordance with the eligible accommodations
appropriate for meeting these students' respective needs.
All students determined to be English learners shall
participate in the State assessments, excepting those students
who have been enrolled in schools in the United States for less
than 12 months. Such students may be exempted from
participation in one annual administration of the English
language arts assessment. Any student determined to be an
English learner shall receive appropriate assessment
accommodations, including language supports, which shall be
established by rule. Approved assessment accommodations must
be provided until the student's English language skills develop
to the extent that the student is no longer considered to be an
English learner, as demonstrated through a State-identified
English language proficiency assessment.
(e) The results or scores of each assessment taken under

this Section shall be made available to the parents of each
student.
In each school year, the scores attained by a student on
the State assessment that includes a college and career ready
determination must be placed in the student's permanent record
pursuant to rules that the State Board of Education shall adopt
for that purpose in accordance with Section 3 of the Illinois
School Student Records Act. In each school year, the scores
attained by a student on the State assessments administered in
grades 3 through 8 must be placed in the student's temporary
record.
(f) All schools shall administer an academic assessment of
English language proficiency in oral language (listening and
speaking) and reading and writing skills to all children
determined to be English learners.
(g) All schools in this State that are part of the sample
drawn by the National Center for Education Statistics, in
collaboration with their school districts and the State Board
of Education, shall administer the biennial academic
assessments under the National Assessment of Educational
Progress carried out under Section 411(b)(2) of the federal
National Education Statistics Act of 1994 (20 U.S.C. 9010) if
the U.S. Secretary of Education pays the costs of administering
the assessments.
(h) Subject to available funds to this State for the
purpose of student assessment, the State Board of Education

shall provide additional assessments and assessment resources
that may be used by school districts for local assessment
purposes. The State Board of Education shall annually
distribute a listing of these additional resources.
(i) For the purposes of this subsection (i), "academically
based assessments" means assessments consisting of questions
and answers that are measurable and quantifiable to measure the
knowledge, skills, and ability of students in the subject
matters covered by the assessments. All assessments
administered pursuant to this Section must be academically
based assessments. The scoring of academically based
assessments shall be reliable, valid, and fair and shall meet
the guidelines for assessment development and use prescribed by
the American Psychological Association, the National Council
on Measurement in Education, and the American Educational
Research Association.
The State Board of Education shall review the use of all
assessment item types in order to ensure that they are valid
and reliable indicators of student performance aligned to the
learning standards being assessed and that the development,
administration, and scoring of these item types are justifiable
in terms of cost.
(j) The State Superintendent of Education shall appoint a
committee of no more than 21 members, consisting of parents,
teachers, school administrators, school board members,
assessment experts, regional superintendents of schools, and

citizens, to review the State assessments administered by the
State Board of Education. The Committee shall select one of its
members as its chairperson. The Committee shall meet on an
ongoing basis to review the content and design of the
assessments (including whether the requirements of subsection
(i) of this Section have been met), the time and money expended
at the local and State levels to prepare for and administer the
assessments, the collective results of the assessments as
measured against the stated purpose of assessing student
performance, and other issues involving the assessments
identified by the Committee. The Committee shall make periodic
recommendations to the State Superintendent of Education and
the General Assembly concerning the assessments.
(k) The State Board of Education may adopt rules to
implement this Section.
(Source: P.A. 99-30, eff. 7-10-15; 99-185, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-7, eff. 7-1-17; 100-222, eff. 8-18-17;
revised 9-22-17.)
(105 ILCS 5/2-3.162)
Sec. 2-3.162. Student discipline report; school discipline
improvement plan.
(a) On or before October 31, 2015 and on or before October
31 of each subsequent year, the State Board of Education,
through the State Superintendent of Education, shall prepare a
report on student discipline in all school districts in this

State, including State-authorized charter schools. This report
shall include data from all public schools within school
districts, including district-authorized charter schools. This
report must be posted on the Internet website of the State
Board of Education. The report shall include data on the
issuance of out-of-school suspensions, expulsions, and
removals to alternative settings in lieu of another
disciplinary action, disaggregated by race and ethnicity,
gender, age, grade level, whether a student is an English
learner, incident type, and discipline duration.
(b) The State Board of Education shall analyze the data
under subsection (a) of this Section on an annual basis and
determine the top 20% of school districts for the following
metrics:
(1) Total number of out-of-school suspensions divided
by the total district enrollment by the last school day in
September for the year in which the data was collected,
multiplied by 100.
(2) Total number of out-of-school expulsions divided
by the total district enrollment by the last school day in
September for the year in which the data was collected,
multiplied by 100.
(3) Racial disproportionality, defined as the
overrepresentation of students of color or white students
in comparison to the total number of students of color or
white students on October 1st of the school year in which

data are collected, with respect to the use of
out-of-school suspensions and expulsions, which must be
calculated using the same method as the U.S. Department of
Education's Office for Civil Rights uses.
The analysis must be based on data collected over 3
consecutive school years, beginning with the 2014-2015 school
year.
Beginning with the 2017-2018 school year, the State Board
of Education shall require each of the school districts that
are identified in the top 20% of any of the metrics described
in this subsection (b) for 3 consecutive years to submit a plan
identifying the strategies the school district will implement
to reduce the use of exclusionary disciplinary practices or
racial disproportionality or both, if applicable. School
districts that no longer meet the criteria described in any of
the metrics described in this subsection (b) for 3 consecutive
years shall no longer be required to submit a plan.
This plan may be combined with any other improvement plans
required under federal or State law.
The calculation of the top 20% of any of the metrics
described in this subsection (b) shall exclude all school
districts, State-authorized charter schools, and special
charter districts that issued fewer than a total of 10
out-of-school suspensions or expulsions, whichever is
applicable, during the school year. The calculation of the top
20% of the metric described in subdivision (3) of this

subsection (b) shall exclude all school districts with an
enrollment of fewer than 50 white students or fewer than 50
students of color.
The plan must be approved at a public school board meeting
and posted on the school district's Internet website. Within
one year after being identified, the school district shall
submit to the State Board of Education and post on the
district's Internet website a progress report describing the
implementation of the plan and the results achieved.
(Source: P.A. 98-1102, eff. 8-26-14; 99-30, eff. 7-10-15;
99-78, eff. 7-20-15; revised 9-25-17.)
(105 ILCS 5/2-3.170)
Sec. 2-3.170. Property tax relief pool grants.
(a) As used in this Section,
"Property tax multiplier" equals one minus the square of
the school district's Local Capacity Percentage, as defined in
Section 18-8.15 of this Code.
"State Board" means the State Board of Education.
"Unit equivalent tax rate" means the Adjusted Operating Tax
Rate, as defined in Section 18-8.15 of this Code, multiplied by
a factor of 1 for unit school districts, 13/9 for elementary
school districts, and 13/4 for high school districts.
(b) Subject to appropriation, the State Board shall provide
grants to eligible school districts that provide tax relief to
the school district's residents, up to a limit of 1% of the

school district's equalized assessed value, as provided in this
Section.
(c) By August 1 of each year, the State Board shall publish
an estimated threshold unit equivalent tax rate. School
districts whose adjusted operating tax rate, as defined in this
Section, is greater than the estimated threshold unit
equivalent tax rate are eligible for relief under this Section.
This estimated tax rate shall be based on the most recent
available data provided by school districts pursuant to Section
18-8.15 of this Code. The State Board shall estimate this
property tax rate based on the amount appropriated to the grant
program and the assumption that a set of school districts,
based on criteria established by the State Board, will apply
for grants under this Section. The criteria shall be based on
reasonable assumptions about when school districts will apply
for the grant.
(d) School districts seeking grants under this Section
shall apply to the State Board by October 1 of each year. All
applications to the State Board for grants shall include the
amount of the grant requested.
(e) By December 1 of each year, based on the most recent
available data provided by school districts pursuant to Section
18-8.15 of this Code, the State Board shall calculate the unit
equivalent tax rate, based on the applications received by the
State Board, above which the appropriations are sufficient to
provide relief and publish a list of the school districts

eligible for relief.
(f) The State Board shall publish a final list of grant
recipients and provide payment of the grants by January 15 of
each year.
(g) If payment from the State Board is received by the
school district on time, the school district shall reduce its
property tax levy in an amount equal to the grant received
under this Section.
(h) The total grant to a school district under this Section
shall be calculated based on the total amount of reduction in
the school district's aggregate extension, up to a limit of 1%
of a district's equalized assessed value for a unit school
district, 0.69% for an elementary school district, and 0.31%
for a high school district, multiplied by the property tax
multiplier or the amount that the unit equivalent tax rate is
greater than the rate determined by the State Board, whichever
is less.
(i) If the State Board does not expend all appropriations
allocated pursuant to this Section, then any remaining funds
shall be allocated pursuant to Section 18-8.15 of this Code.
(j) The State Board shall prioritize payments under Section
18-8.15 of this Code over payments under this Section, if
necessary.
(k) Any grants received by a school district shall be
included in future calculations of that school district's Base
Funding Minimum under Section 18-8.15 of this Code.

(l) In the tax year following receipt of a Property Tax
Pool Relief Grant, the aggregate levy of any school district
receiving a grant under this Section, for purposes of the
Property Tax Extension Limitation Law, shall include the tax
relief the school district provided in the previous taxable
year under this Section.
(Source: P.A. 100-465, eff. 8-31-17.)
(105 ILCS 5/2-3.171)
Sec. 2-3.171 2-3.170. Entrepreneurial skills teaching
resources. The State Board of Education shall post resources
regarding the teaching of entrepreneurial skills for use by
school districts with secondary schools. The State Board of
Education shall gather input from business groups and
universities when developing the list of resources.
(Source: P.A. 100-174, eff. 1-1-18; revised 9-25-17.)
(105 ILCS 5/2-3.172)
Sec. 2-3.172 2-3.170. High-skilled manufacturing teaching
resources. The State Board of Education shall post resources
regarding the teaching of high-skilled manufacturing, to be
used in high schools and vocational education programs.
(Source: P.A. 100-175, eff. 1-1-18; revised 9-25-17.)
(105 ILCS 5/3-14.23) (from Ch. 122, par. 3-14.23)
Sec. 3-14.23. School bus driver permits.

(a) To conduct courses of instruction for school bus
drivers pursuant to the standards established by the Secretary
of State under Section 6-106.1 of the Illinois Vehicle Code and
to charge a fee based upon the cost of providing such courses
of up to $6 per person for fiscal years 2010, 2011, and 2012;
up to $8 per person for fiscal years 2013, 2014, and 2015; and
up to $10 per person for fiscal year 2016 and each fiscal year
thereafter for the initial classroom course in school bus
driver safety and of up to $6 per person for fiscal years 2010,
2011, and 2012; up to $8 per person for fiscal years 2013,
2014, and 2015; and up to $10 per person for fiscal year 2016
and each fiscal year thereafter for the annual refresher
course.
(b) To conduct such investigations as may be necessary to
insure that all persons hired to operate school buses have
valid school bus driver permits as required under Sections
6-104 and 6-106.1 of the "The Illinois Vehicle Code". If a
regional superintendent finds evidence of non-compliance with
this requirement, he shall submit such evidence together with
his recommendations in writing to the school board.
If the regional superintendent finds evidence of
noncompliance with the requirement that all persons employed
directly by the school board to operate school buses have valid
school bus driver permits as required under Sections 6-104 and
6-106.1 of the "The Illinois Vehicle Code", the regional
superintendent shall schedule a hearing on a date not less than

5 days nor more than 10 days after notifying the district of
his findings. If based on the evidence presented at the hearing
the regional superintendent finds that persons employed
directly by the school board to operate school buses do not
have valid school bus driver permits as required under Sections
6-104 and 6-106.1 of the "The Illinois Vehicle Code", the
regional superintendent shall submit such evidence and his
findings together with his recommendations to the State
Superintendent of Education. The State Superintendent of
Education may reduce the district's claim for reimbursement
under Sections 29-5 and 14-13.01 for transportation by 1.136%
for each day of noncompliance.
If a school board finds evidence of noncompliance with the
requirement that all persons employed by a contractor to
operate school buses have valid school bus driver permits as
required under Sections 6-104 and 6-106.1 of the "The Illinois
Vehicle Code", the school board shall request a hearing before
the regional superintendent. The regional superintendent shall
schedule a hearing on a date not less than 5 days nor more than
10 days after receiving the request. If based on the evidence
presented at the hearing the regional superintendent finds that
persons employed by a contractor to operate school buses do not
have valid school bus driver permits as required under Sections
6-104 and 6-106.1 of the "The Illinois Vehicle Code", the
school board's financial obligations under the contract shall
be reduced by an amount equal to 1.136% for each day of

noncompliance. The findings of the regional superintendent and
the relief provided herein shall not impair the obligations of
the contractor to continue to provide transportation services
in accordance with the terms of the contract.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof and the rules adopted
pursuant thereto shall apply to and govern all proceedings
instituted for judicial review of final administrative
decisions of the regional superintendent under this Section.
(Source: P.A. 96-616, eff. 1-1-10; revised 9-22-17.)
(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
(Text of Section before amendment by P.A. 100-448)
Sec. 10-17a. State, school district, and school report
cards.
(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report card,
school district report cards, and school report cards, and
shall by the most economic means provide to each school
district in this State, including special charter districts and
districts subject to the provisions of Article 34, the report
cards for the school district and each of its schools.
(2) In addition to any information required by federal law,
the State Superintendent shall determine the indicators and
presentation of the school report card, which must include, at

a minimum, the most current data collected and maintained by
the State Board of Education related to the following:
(A) school characteristics and student demographics,
including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of
students classified as low-income; the percentage of
students classified as English learners; the percentage of
students who have individualized education plans or 504
plans that provide for special education services; the
number and percentage of all students who have been
assessed for placement in a gifted education or advanced
academic program and, of those students: (i) the racial and
ethnic breakdown, (ii) the percentage who are classified as
low-income, and (iii) the number and percentage of students
who received direct instruction from a teacher who holds a
gifted education endorsement and, of those students, the
percentage who are classified as low-income; the
percentage of students scoring at the "exceeds
expectations" level on the assessments required under
Section 2-3.64a-5 of this Code; the percentage of students
who annually transferred in or out of the school district;
the per-pupil operating expenditure of the school
district; and the per-pupil State average operating
expenditure for the district type (elementary, high
school, or unit);
(B) curriculum information, including, where

applicable, Advanced Placement, International
Baccalaureate or equivalent courses, dual enrollment
courses, foreign language classes, school personnel
resources (including Career Technical Education teachers),
before and after school programs, extracurricular
activities, subjects in which elective classes are
offered, health and wellness initiatives (including the
average number of days of Physical Education per week per
student), approved programs of study, awards received,
community partnerships, and special programs such as
programming for the gifted and talented, students with
disabilities, and work-study students;
(C) student outcomes, including, where applicable, the
percentage of students deemed proficient on assessments of
State standards, the percentage of students in the eighth
grade who pass Algebra, the percentage of students enrolled
in post-secondary institutions (including colleges,
universities, community colleges, trade/vocational
schools, and training programs leading to career
certification within 2 semesters of high school
graduation), the percentage of students graduating from
high school who are college and career ready, and the
percentage of graduates enrolled in community colleges,
colleges, and universities who are in one or more courses
that the community college, college, or university
identifies as a developmental course;

(D) student progress, including, where applicable, the
percentage of students in the ninth grade who have earned 5
credits or more without failing more than one core class, a
measure of students entering kindergarten ready to learn, a
measure of growth, and the percentage of students who enter
high school on track for college and career readiness;
(E) the school environment, including, where
applicable, the percentage of students with less than 10
absences in a school year, the percentage of teachers with
less than 10 absences in a school year for reasons other
than professional development, leaves taken pursuant to
the federal Family Medical Leave Act of 1993, long-term
disability, or parental leaves, the 3-year average of the
percentage of teachers returning to the school from the
previous year, the number of different principals at the
school in the last 6 years, the number of teachers who hold
a gifted education endorsement, the process and criteria
used by the district to determine whether a student is
eligible for participation in a gifted education program or
advanced academic program and the manner in which parents
and guardians are made aware of the process and criteria, 2
or more indicators from any school climate survey selected
or approved by the State and administered pursuant to
Section 2-3.153 of this Code, with the same or similar
indicators included on school report cards for all surveys
selected or approved by the State pursuant to Section

2-3.153 of this Code, and the combined percentage of
teachers rated as proficient or excellent in their most
recent evaluation;
(F) a school district's and its individual schools'
balanced accountability measure, in accordance with
Section 2-3.25a of this Code;
(G) the total and per pupil normal cost amount the
State contributed to the Teachers' Retirement System of the
State of Illinois in the prior fiscal year for the school's
employees, which shall be reported to the State Board of
Education by the Teachers' Retirement System of the State
of Illinois; and
(H) for a school district organized under Article 34 of
this Code only, State contributions to the Public School
Teachers' Pension and Retirement Fund of Chicago and State
contributions for health care for employees of that school
district; .
(I) (G) a school district's Final Percent of Adequacy,
as defined in paragraph (4) of subsection (f) of Section
18-8.15 of this Code;
(J) (H) a school district's Local Capacity Target, as
defined in paragraph (2) of subsection (c) of Section
18-8.15 of this Code, displayed as a percentage amount; and
(K) (I) a school district's Real Receipts, as defined
in paragraph (1) of subsection (d) of Section 18-8.15 of
this Code, divided by a school district's Adequacy Target,

as defined in paragraph (1) of subsection (b) of Section
18-8.15 of this Code, displayed as a percentage amount.
The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.
As used in this subsection paragraph (2):
"Advanced academic program" means a course of study to
which students are assigned based on advanced cognitive ability
or advanced academic achievement compared to local age peers
and in which the curriculum is substantially differentiated
from the general curriculum to provide appropriate challenge
and pace.
"Gifted education" means educational services, including
differentiated curricula and instructional methods, designed
to meet the needs of gifted children as defined in Article 14A
of this Code.
(3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the
information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information relating
to the operating expense per pupil and other finances of the
school district, and the State report card shall include a

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

report card.
(6) Nothing contained in Public Act 98-648 this amendatory
Act of the 98th General Assembly repeals, supersedes,
invalidates, or nullifies final decisions in lawsuits pending
on July 1, 2014 (the effective date of Public Act 98-648) this
amendatory Act of the 98th General Assembly in Illinois courts
involving the interpretation of Public Act 97-8.
(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15;
99-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff.
1-1-18; 100-465, eff. 8-31-17; revised 9-25-17.)
(Text of Section after amendment by P.A. 100-448)
Sec. 10-17a. State, school district, and school report
cards.
(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report card,
school district report cards, and school report cards, and
shall by the most economic means provide to each school
district in this State, including special charter districts and
districts subject to the provisions of Article 34, the report
cards for the school district and each of its schools.
(2) In addition to any information required by federal law,
the State Superintendent shall determine the indicators and
presentation of the school report card, which must include, at
a minimum, the most current data collected and maintained by

the State Board of Education related to the following:
(A) school characteristics and student demographics,
including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of
students classified as low-income; the percentage of
students classified as English learners; the percentage of
students who have individualized education plans or 504
plans that provide for special education services; the
number and percentage of all students who have been
assessed for placement in a gifted education or advanced
academic program and, of those students: (i) the racial and
ethnic breakdown, (ii) the percentage who are classified as
low-income, and (iii) the number and percentage of students
who received direct instruction from a teacher who holds a
gifted education endorsement and, of those students, the
percentage who are classified as low-income; the
percentage of students scoring at the "exceeds
expectations" level on the assessments required under
Section 2-3.64a-5 of this Code; the percentage of students
who annually transferred in or out of the school district;
average daily attendance; the per-pupil operating
expenditure of the school district; and the per-pupil State
average operating expenditure for the district type
(elementary, high school, or unit);
(B) curriculum information, including, where
applicable, Advanced Placement, International

Baccalaureate or equivalent courses, dual enrollment
courses, foreign language classes, school personnel
resources (including Career Technical Education teachers),
before and after school programs, extracurricular
activities, subjects in which elective classes are
offered, health and wellness initiatives (including the
average number of days of Physical Education per week per
student), approved programs of study, awards received,
community partnerships, and special programs such as
programming for the gifted and talented, students with
disabilities, and work-study students;
(C) student outcomes, including, where applicable, the
percentage of students deemed proficient on assessments of
State standards, the percentage of students in the eighth
grade who pass Algebra, the percentage of students enrolled
in post-secondary institutions (including colleges,
universities, community colleges, trade/vocational
schools, and training programs leading to career
certification within 2 semesters of high school
graduation), the percentage of students graduating from
high school who are college and career ready, and the
percentage of graduates enrolled in community colleges,
colleges, and universities who are in one or more courses
that the community college, college, or university
identifies as a developmental course;
(D) student progress, including, where applicable, the

percentage of students in the ninth grade who have earned 5
credits or more without failing more than one core class, a
measure of students entering kindergarten ready to learn, a
measure of growth, and the percentage of students who enter
high school on track for college and career readiness;
(E) the school environment, including, where
applicable, the percentage of students with less than 10
absences in a school year, the percentage of teachers with
less than 10 absences in a school year for reasons other
than professional development, leaves taken pursuant to
the federal Family Medical Leave Act of 1993, long-term
disability, or parental leaves, the 3-year average of the
percentage of teachers returning to the school from the
previous year, the number of different principals at the
school in the last 6 years, the number of teachers who hold
a gifted education endorsement, the process and criteria
used by the district to determine whether a student is
eligible for participation in a gifted education program or
advanced academic program and the manner in which parents
and guardians are made aware of the process and criteria, 2
or more indicators from any school climate survey selected
or approved by the State and administered pursuant to
Section 2-3.153 of this Code, with the same or similar
indicators included on school report cards for all surveys
selected or approved by the State pursuant to Section
2-3.153 of this Code, and the combined percentage of

teachers rated as proficient or excellent in their most
recent evaluation;
(F) a school district's and its individual schools'
balanced accountability measure, in accordance with
Section 2-3.25a of this Code;
(G) the total and per pupil normal cost amount the
State contributed to the Teachers' Retirement System of the
State of Illinois in the prior fiscal year for the school's
employees, which shall be reported to the State Board of
Education by the Teachers' Retirement System of the State
of Illinois; and
(H) for a school district organized under Article 34 of
this Code only, State contributions to the Public School
Teachers' Pension and Retirement Fund of Chicago and State
contributions for health care for employees of that school
district; .
(I) (G) a school district's Final Percent of Adequacy,
as defined in paragraph (4) of subsection (f) of Section
18-8.15 of this Code;
(J) (H) a school district's Local Capacity Target, as
defined in paragraph (2) of subsection (c) of Section
18-8.15 of this Code, displayed as a percentage amount; and
(K) (I) a school district's Real Receipts, as defined
in paragraph (1) of subsection (d) of Section 18-8.15 of
this Code, divided by a school district's Adequacy Target,
as defined in paragraph (1) of subsection (b) of Section

18-8.15 of this Code, displayed as a percentage amount.
The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.
As used in this subsection paragraph (2):
"Advanced academic program" means a course of study to
which students are assigned based on advanced cognitive ability
or advanced academic achievement compared to local age peers
and in which the curriculum is substantially differentiated
from the general curriculum to provide appropriate challenge
and pace.
"Gifted education" means educational services, including
differentiated curricula and instructional methods, designed
to meet the needs of gifted children as defined in Article 14A
of this Code.
For the purposes of paragraph (A) of this subsection (2),
"average daily attendance" means the average of the actual
number of attendance days during the previous school year for
any enrolled student who is subject to compulsory attendance by
Section 26-1 of this Code at each school and charter school.
(3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the

information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information relating
to the operating expense per pupil and other finances of the
school district, and the State report card shall include a
subset of the information identified in paragraphs (A) through
(E) of subsection (2) of this Section. The school district
report card shall include the average daily attendance, as that
term is defined in subsection (2) of this Section, of students
who have individualized education programs and students who
have 504 plans that provide for special education services
within the school district.
(4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to
amend or update any and all metrics on the school, district, or
State report card.
(5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including
special charter districts and districts subject to the
provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice
requirements, post the report cards on the school district's
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of general
circulation serving the district, and, upon request, send the

report cards home to a parent (unless the district does not
maintain an Internet web site, in which case the report card
shall be sent home to parents without request). If the district
posts the report card on its Internet web site, the district
shall send a written notice home to parents stating (i) that
the report card is available on the web site, (ii) the address
of the web site, (iii) that a printed copy of the report card
will be sent to parents upon request, and (iv) the telephone
number that parents may call to request a printed copy of the
report card.
(6) Nothing contained in Public Act 98-648 this amendatory
Act of the 98th General Assembly repeals, supersedes,
invalidates, or nullifies final decisions in lawsuits pending
on July 1, 2014 (the effective date of Public Act 98-648) this
amendatory Act of the 98th General Assembly in Illinois courts
involving the interpretation of Public Act 97-8.
(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15;
99-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff.
1-1-18; 100-448, eff. 7-1-19; 100-465, eff. 8-31-17; revised
9-25-17.)
(105 ILCS 5/10-20.60)
Sec. 10-20.60. Breastfeeding accommodations for pupils.
(a) Each public school shall provide reasonable
accommodations to a lactating pupil on a school campus to
express breast milk, breastfeed an infant child, or address

other needs related to breastfeeding. Reasonable
accommodations under this Section include, but are not limited
to, all of the following:
(1) Access to a private and secure room, other than a
restroom, to express breast milk or breastfeed an infant
child.
(2) Permission to bring onto a school campus a breast
pump and any other equipment used to express breast milk.
(3) Access to a power source for a breast pump or any
other equipment used to express breast milk.
(4) Access to a place to store expressed breast milk
safely.
(b) A lactating pupil on a school campus must be provided a
reasonable amount of time to accommodate her need to express
breast milk or breastfeed an infant child.
(c) A public school shall provide the reasonable
accommodations specified in subsections (a) and (b) of this
Section only if there is at least one lactating pupil on the
school campus.
(d) A public school may use an existing facility to meet
the requirements specified in subsection (a) of this Section.
(e) A pupil may not incur an academic penalty as a result
of her use, during the school day, of the reasonable
accommodations specified in this Section and must be provided
the opportunity to make up any work missed due to such use.
(f) In instances where a student files a complaint of

noncompliance with the requirements of this Section, the public
school shall implement the grievance procedure of 23 Ill. Adm.
Code 200, including appeals procedures.
(Source: P.A. 100-29, eff. 1-1-18.)
(105 ILCS 5/10-20.61)
Sec. 10-20.61 10-20.60. Implicit bias training.
(a) The General Assembly makes the following findings:
(1) implicit racial bias influences evaluations of and
behavior toward those who are the subject of the bias;
(2) understanding implicit racial bias is needed in
order to reduce that bias;
(3) marginalized students would benefit from having
access to educators who have worked to reduce their biases;
and
(4) training that helps educators overcome implicit
racial bias has implication for classroom interactions,
student evaluation, and classroom engagement; it also
affects student academic self-concept.
(b) Each school board shall require in-service training for
school personnel to include training to develop cultural
competency, including understanding and reducing implicit
racial bias.
(c) As used in this Section, "implicit racial bias" means a
preference, positive or negative, for a racial or ethnic group
that operates outside of awareness. This bias has 3 different

components: affective, behavioral, and cognitive.
(Source: P.A. 100-14, eff. 7-1-17; revised 10-19-17.)
(105 ILCS 5/10-20.62)
Sec. 10-20.62 10-20.60. Dual enrollment and dual credit
notification. A school board shall require the school
district's high schools, if any, to inform all 11th and 12th
grade students of dual enrollment and dual credit opportunities
at public community colleges for qualified students.
(Source: P.A. 100-133, eff. 1-1-18; revised 10-19-17.)
(105 ILCS 5/10-20.63)
Sec. 10-20.63 10-20.60. Availability of feminine hygiene
products.
(a) The General Assembly finds the following:
(1) Feminine hygiene products are a health care
necessity and not an item that can be foregone or
substituted easily.
(2) Access to feminine hygiene products is a serious
and ongoing need in this State.
(3) When students do not have access to affordable
feminine hygiene products, they may miss multiple days of
school every month.
(4) When students have access to quality feminine
hygiene products, they are able to continue with their
daily lives with minimal interruption.

(b) In this Section:
"Feminine hygiene products" means tampons and sanitary
napkins for use in connection with the menstrual cycle.
"School building" means any facility (i) that is owned or
leased by a school district or over which the school board has
care, custody, and control and (ii) in which there is a public
school serving students in grades 6 through 12.
(c) A school district shall make feminine hygiene products
available, at no cost to students, in the bathrooms of school
buildings.
(Source: P.A. 100-163, eff. 1-1-18; revised 10-19-17.)
(105 ILCS 5/10-20.64)
Sec. 10-20.64 10-20.60. Booking stations on school
grounds.
(a) There shall be no student booking station established
or maintained on the grounds of any school.
(b) This prohibition shall be applied to student booking
stations only, as defined in this Section. The prohibition does
not prohibit or affect the establishment or maintenance of any
place operated by or under the control of law enforcement
personnel, school resource officers, or other security
personnel that does not also qualify as a student booking
station as defined in paragraph (2) of subsection (d) of this
Section. The prohibition does not affect or limit the powers
afforded law enforcement officers to perform their duties

within schools as otherwise prescribed by law.
(c) When the underlying suspected or alleged criminal act
is an act of violence, and isolation of a student or students
is deemed necessary to the interest of public safety, and no
other location is adequate for secure isolation of the student
or students, offices as described in paragraph (1) of
subsection (d) of this Section may be employed to detain
students for a period no longer than that required to alleviate
that threat to public safety.
(d) As used in this Section, "student booking station"
means a building, office, room, or any indefinitely established
space or site, mobile or fixed, which operates concurrently as:
(1) predominantly or regularly a place of operation for
a municipal police department, county sheriff department,
or other law enforcement agency, or under the primary
control thereof; and
(2) a site at which students are detained in connection
with criminal charges or allegations against those
students, taken into custody, or engaged with law
enforcement personnel in any process that creates a law
enforcement record of that contact with law enforcement
personnel or processes.
(Source: P.A. 100-204, eff. 8-18-17; revised 10-19-17.)
(105 ILCS 5/10-20.65)
Sec. 10-20.65 10-20.60. School social worker. A school

board may employ school social workers who have graduated with
a master's or higher degree in social work from an accredited
graduate school of social work and have such additional
qualifications as may be required by the State Board of
Education and who hold a Professional Educator License with a
school support personnel endorsement for school social work
pursuant to Section 21B-25 of this Code. Only persons so
licensed and endorsed may use the title "school social worker".
A school social worker may provide individual and group
services to the general student population and to students with
disabilities pursuant to Article 14 of this Code and rules set
forth in 23 Ill. Adm. Code 226, Special Education, adopted by
the State Board of Education and may provide support and
consultation to administrators, teachers, and other school
personnel consistent with their professional qualifications
and the provisions of this Code and other applicable laws.
School districts may employ a sufficient number of school
social workers to address the needs of their students and
schools and may maintain the nationally recommended
student-to-school social worker ratio of 250 to 1. A school
social worker may not provide such services outside his or her
employment to any student in the district or districts that
employ the school social worker.
(Source: P.A. 100-356, eff. 8-25-17; revised 10-19-17.)
(105 ILCS 5/10-20.66)

(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 10-20.66 10-20.60. School-grown produce. A school
district may serve students produce grown and harvested by
students in school-owned facilities utilizing hydroponics or
aeroponics or in school-owned or community gardens if the soil
and compost in which the produce is grown meets the standards
adopted in 35 Ill. Adm. Code 830.503, if applicable, and the
produce is served in accordance with the standards adopted in
77 Ill. Adm. Code 750.
(Source: P.A. 100-505, eff. 6-1-18; revised 10-19-17.)
(105 ILCS 5/10-22.3f)
Sec. 10-22.3f. Required health benefits. Insurance
protection and benefits for employees shall provide the
post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t and
the coverage required under Sections 356g, 356g.5, 356g.5-1,
356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12,
356z.13, 356z.14, 356z.15, 356z.22, and 356z.25, and 356z.26 of
the Illinois Insurance Code. Insurance policies shall comply
with Section 356z.19 of the Illinois Insurance Code. The
coverage shall comply with Sections 155.22a and 355b of the
Illinois Insurance Code.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
revised 9-25-17.)
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, pursuant to subsection (b-20)
of this Section, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
have been requested to appear at a meeting of the board, or
with a hearing officer appointed by it, to discuss their
child's behavior. Such request shall be made by registered or
certified mail and shall state the time, place and purpose of
the meeting. The board, or a hearing officer appointed by it,
at such meeting shall state the reasons for dismissal and the
date on which the expulsion is to become effective. If a
hearing officer is appointed by the board, he shall report to
the board a written summary of the evidence heard at the
meeting and the board may take such action thereon as it finds
appropriate. If the board acts to expel a pupil, the written

expulsion decision shall detail the specific reasons why
removing the pupil from the learning environment is in the best
interest of the school. The expulsion decision shall also
include a rationale as to the specific duration of the
expulsion. An expelled pupil may be immediately transferred to
an alternative program in the manner provided in Article 13A or
13B of this Code. A pupil must not be denied transfer because
of the expulsion, except in cases in which such transfer is
deemed to cause a threat to the safety of students or staff in
the alternative program.
(b) To suspend or by policy to authorize the superintendent
of the district or the principal, assistant principal, or dean
of students of any school to suspend pupils guilty of gross
disobedience or misconduct, or to suspend pupils guilty of
gross disobedience or misconduct on the school bus from riding
the school bus, pursuant to subsections (b-15) and (b-20) of
this Section, and no action shall lie against them for such
suspension. The board may by policy authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of such acts for a period not to exceed 10 school days.
If a pupil is suspended due to gross disobedience or misconduct
on a school bus, the board may suspend the pupil in excess of
10 school days for safety reasons.
Any suspension shall be reported immediately to the parents
or guardian of a pupil along with a full statement of the

reasons for such suspension and a notice of their right to a
review. The school board must be given a summary of the notice,
including the reason for the suspension and the suspension
length. Upon request of the parents or guardian, the school
board or a hearing officer appointed by it shall review such
action of the superintendent or principal, assistant
principal, or dean of students. At such review, the parents or
guardian of the pupil may appear and discuss the suspension
with the board or its hearing officer. If a hearing officer is
appointed by the board, he shall report to the board a written
summary of the evidence heard at the meeting. After its hearing
or upon receipt of the written report of its hearing officer,
the board may take such action as it finds appropriate. If a
student is suspended pursuant to this subsection (b), the board
shall, in the written suspension decision, detail the specific
act of gross disobedience or misconduct resulting in the
decision to suspend. The suspension decision shall also include
a rationale as to the specific duration of the suspension. A
pupil who is suspended in excess of 20 school days may be
immediately transferred to an alternative program in the manner
provided in Article 13A or 13B of this Code. A pupil must not
be denied transfer because of the suspension, except in cases
in which such transfer is deemed to cause a threat to the
safety of students or staff in the alternative program.
(b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school

exclusions, such as out-of-school suspensions and expulsions,
are the most serious. School officials shall limit the number
and duration of expulsions and suspensions to the greatest
extent practicable, and it is recommended that they use them
only for legitimate educational purposes. To ensure that
students are not excluded from school unnecessarily, it is
recommended that school officials consider forms of
non-exclusionary discipline prior to using out-of-school
suspensions or expulsions.
(b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies
by which school administrators are required to suspend or expel
students for particular behaviors.
(b-15) Out-of-school suspensions of 3 days or less may be
used only if the student's continuing presence in school would
pose a threat to school safety or a disruption to other
students' learning opportunities. For purposes of this
subsection (b-15), "threat to school safety or a disruption to
other students' learning opportunities" shall be determined on
a case-by-case basis by the school board or its designee.
School officials shall make all reasonable efforts to resolve
such threats, address such disruptions, and minimize the length
of suspensions to the greatest extent practicable.
(b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days, expulsions,
and disciplinary removals to alternative schools may be used

only if other appropriate and available behavioral and
disciplinary interventions have been exhausted and the
student's continuing presence in school would either (i) pose a
threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of
this subsection (b-20), "threat to the safety of other
students, staff, or members of the school community" and
"substantially disrupt, impede, or interfere with the
operation of the school" shall be determined on a case-by-case
basis by school officials. For purposes of this subsection
(b-20), the determination of whether "appropriate and
available behavioral and disciplinary interventions have been
exhausted" shall be made by school officials. School officials
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of student
exclusions to the greatest extent practicable. Within the
suspension decision described in subsection (b) of this Section
or the expulsion decision described in subsection (a) of this
Section, it shall be documented whether other interventions
were attempted or whether it was determined that there were no
other appropriate and available interventions.
(b-25) Students who are suspended out-of-school for longer
than 4 school days shall be provided appropriate and available
support services during the period of their suspension. For
purposes of this subsection (b-25), "appropriate and available

support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
this Section, it shall be documented whether such services are
to be provided or whether it was determined that there are no
such appropriate and available services.
A school district may refer students who are expelled to
appropriate and available support services.
A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
(b-30) A school district shall create a policy by which
suspended pupils, including those pupils suspended from the
school bus who do not have alternate transportation to school,
shall have the opportunity to make up work for equivalent
academic credit. It shall be the responsibility of a pupil's
parent or guardian to notify school officials that a pupil
suspended from the school bus does not have alternate
transportation to school.
(c) The Department of Human Services shall be invited to
send a representative to consult with the board at such meeting
whenever there is evidence that mental illness may be the cause
for expulsion or suspension.
(c-5) School districts shall make reasonable efforts to
provide ongoing professional development to teachers,
administrators, school board members, school resource
officers, and staff on the adverse consequences of school

exclusion and justice-system involvement, effective classroom
management strategies, culturally responsive discipline, and
developmentally appropriate disciplinary methods that promote
positive and healthy school climates.
(d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a
case-by-case case by case basis. A student who is determined to
have brought one of the following objects to school, any
school-sponsored activity or event, or any activity or event
that bears a reasonable relationship to school shall be
expelled for a period of not less than one year:
(1) A firearm. For the purposes of this Section,
"firearm" means any gun, rifle, shotgun, weapon as defined
by Section 921 of Title 18 of the United States Code,
firearm as defined in Section 1.1 of the Firearm Owners
Identification Card Act, or firearm as defined in Section
24-1 of the Criminal Code of 2012. The expulsion period
under this subdivision (1) may be modified by the
superintendent, and the superintendent's determination may
be modified by the board on a case-by-case basis.
(2) A knife, brass knuckles or other knuckle weapon
regardless of its composition, a billy club, or any other
object if used or attempted to be used to cause bodily
harm, including "look alikes" of any firearm as defined in
subdivision (1) of this subsection (d). The expulsion
requirement under this subdivision (2) may be modified by

the superintendent, and the superintendent's determination
may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the Federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code.
(d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case-by-case case by case
basis, if (i) that student has been determined to have made an
explicit threat on an Internet website against a school
employee, a student, or any school-related personnel, (ii) the
Internet website through which the threat was made is a site
that was accessible within the school at the time the threat
was made or was available to third parties who worked or
studied within the school grounds at the time the threat was
made, and (iii) the threat could be reasonably interpreted as
threatening to the safety and security of the threatened
individual because of his or her duties or employment status or
status as a student inside the school.
(e) To maintain order and security in the schools, school

authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any

public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A of
this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program.
(h) School officials shall not advise or encourage students
to drop out voluntarily due to behavioral or academic
difficulties.
(i) A student may not be issued a monetary fine or fee as a
disciplinary consequence, though this shall not preclude
requiring a student to provide restitution for lost, stolen, or
damaged property.
(j) Subsections (a) through (i) of this Section shall apply
to elementary and secondary schools, charter schools, special
charter districts, and school districts organized under
Article 34 of this Code.
(k) The expulsion of children enrolled in programs funded
under Section 1C-2 of this Code is subject to the requirements
under paragraph (7) of subsection (a) of Section 2-3.71 of this
Code.
(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;
revised 1-22-18.)
(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)

Sec. 14-8.02. Identification, evaluation, and placement of
children.
(a) The State Board of Education shall make rules under
which local school boards shall determine the eligibility of
children to receive special education. Such rules shall ensure
that a free appropriate public education be available to all
children with disabilities as defined in Section 14-1.02. The
State Board of Education shall require local school districts
to administer non-discriminatory procedures or tests to
English learners coming from homes in which a language other
than English is used to determine their eligibility to receive
special education. The placement of low English proficiency
students in special education programs and facilities shall be
made in accordance with the test results reflecting the
student's linguistic, cultural and special education needs.
For purposes of determining the eligibility of children the
State Board of Education shall include in the rules definitions
of "case study", "staff conference", "individualized
educational program", and "qualified specialist" appropriate
to each category of children with disabilities as defined in
this Article. For purposes of determining the eligibility of
children from homes in which a language other than English is
used, the State Board of Education shall include in the rules
definitions for "qualified bilingual specialists" and
"linguistically and culturally appropriate individualized
educational programs". For purposes of this Section, as well as

Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent as defined in the federal Individuals
with Disabilities Education Act (20 U.S.C. 1401(23)).
(b) No child shall be eligible for special education
facilities except with a carefully completed case study fully
reviewed by professional personnel in a multidisciplinary
staff conference and only upon the recommendation of qualified
specialists or a qualified bilingual specialist, if available.
At the conclusion of the multidisciplinary staff conference,
the parent of the child shall be given a copy of the
multidisciplinary conference summary report and
recommendations, which includes options considered, and be
informed of their right to obtain an independent educational
evaluation if they disagree with the evaluation findings
conducted or obtained by the school district. If the school
district's evaluation is shown to be inappropriate, the school
district shall reimburse the parent for the cost of the
independent evaluation. The State Board of Education shall,
with advice from the State Advisory Council on Education of
Children with Disabilities on the inclusion of specific
independent educational evaluators, prepare a list of
suggested independent educational evaluators. The State Board
of Education shall include on the list clinical psychologists
licensed pursuant to the Clinical Psychologist Licensing Act.
Such psychologists shall not be paid fees in excess of the
amount that would be received by a school psychologist for

performing the same services. The State Board of Education
shall supply school districts with such list and make the list
available to parents at their request. School districts shall
make the list available to parents at the time they are
informed of their right to obtain an independent educational
evaluation. However, the school district may initiate an
impartial due process hearing under this Section within 5 days
of any written parent request for an independent educational
evaluation to show that its evaluation is appropriate. If the
final decision is that the evaluation is appropriate, the
parent still has a right to an independent educational
evaluation, but not at public expense. An independent
educational evaluation at public expense must be completed
within 30 days of a parent written request unless the school
district initiates an impartial due process hearing or the
parent or school district offers reasonable grounds to show
that such 30 day time period should be extended. If the due
process hearing decision indicates that the parent is entitled
to an independent educational evaluation, it must be completed
within 30 days of the decision unless the parent or the school
district offers reasonable grounds to show that such 30 day
period should be extended. If a parent disagrees with the
summary report or recommendations of the multidisciplinary
conference or the findings of any educational evaluation which
results therefrom, the school district shall not proceed with a
placement based upon such evaluation and the child shall remain

in his or her regular classroom setting. No child shall be
eligible for admission to a special class for children with a
mental disability who are educable or for children with a
mental disability who are trainable except with a psychological
evaluation and recommendation by a school psychologist.
Consent shall be obtained from the parent of a child before any
evaluation is conducted. If consent is not given by the parent
or if the parent disagrees with the findings of the evaluation,
then the school district may initiate an impartial due process
hearing under this Section. The school district may evaluate
the child if that is the decision resulting from the impartial
due process hearing and the decision is not appealed or if the
decision is affirmed on appeal. The determination of
eligibility shall be made and the IEP meeting shall be
completed within 60 school days from the date of written
parental consent. In those instances when written parental
consent is obtained with fewer than 60 pupil attendance days
left in the school year, the eligibility determination shall be
made and the IEP meeting shall be completed prior to the first
day of the following school year. Special education and related
services must be provided in accordance with the student's IEP
no later than 10 school attendance days after notice is
provided to the parents pursuant to Section 300.503 of Title 34
of the Code of Federal Regulations and implementing rules
adopted by the State Board of Education. The appropriate
program pursuant to the individualized educational program of

students whose native tongue is a language other than English
shall reflect the special education, cultural and linguistic
needs. No later than September 1, 1993, the State Board of
Education shall establish standards for the development,
implementation and monitoring of appropriate bilingual special
individualized educational programs. The State Board of
Education shall further incorporate appropriate monitoring
procedures to verify implementation of these standards. The
district shall indicate to the parent and the State Board of
Education the nature of the services the child will receive for
the regular school term while waiting placement in the
appropriate special education class.
If the child is deaf, hard of hearing, blind, or visually
impaired and he or she might be eligible to receive services
from the Illinois School for the Deaf or the Illinois School
for the Visually Impaired, the school district shall notify the
parents, in writing, of the existence of these schools and the
services they provide and shall make a reasonable effort to
inform the parents of the existence of other, local schools
that provide similar services and the services that these other
schools provide. This notification shall include without
limitation information on school services, school admissions
criteria, and school contact information.
In the development of the individualized education program
for a student who has a disability on the autism spectrum
(which includes autistic disorder, Asperger's disorder,

pervasive developmental disorder not otherwise specified,
childhood disintegrative disorder, and Rett Syndrome, as
defined in the Diagnostic and Statistical Manual of Mental
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
consider all of the following factors:
(1) The verbal and nonverbal communication needs of the
child.
(2) The need to develop social interaction skills and
proficiencies.
(3) The needs resulting from the child's unusual
responses to sensory experiences.
(4) The needs resulting from resistance to
environmental change or change in daily routines.
(5) The needs resulting from engagement in repetitive
activities and stereotyped movements.
(6) The need for any positive behavioral
interventions, strategies, and supports to address any
behavioral difficulties resulting from autism spectrum
disorder.
(7) Other needs resulting from the child's disability
that impact progress in the general curriculum, including
social and emotional development.
Public Act 95-257 does not create any new entitlement to a
service, program, or benefit, but must not affect any
entitlement to a service, program, or benefit created by any
other law.

If the student may be eligible to participate in the
Home-Based Support Services Program for Adults with Mental
Disabilities authorized under the Developmental Disability and
Mental Disability Services Act upon becoming an adult, the
student's individualized education program shall include plans
for (i) determining the student's eligibility for those
home-based services, (ii) enrolling the student in the program
of home-based services, and (iii) developing a plan for the
student's most effective use of the home-based services after
the student becomes an adult and no longer receives special
educational services under this Article. The plans developed
under this paragraph shall include specific actions to be taken
by specified individuals, agencies, or officials.
(c) In the development of the individualized education
program for a student who is functionally blind, it shall be
presumed that proficiency in Braille reading and writing is
essential for the student's satisfactory educational progress.
For purposes of this subsection, the State Board of Education
shall determine the criteria for a student to be classified as
functionally blind. Students who are not currently identified
as functionally blind who are also entitled to Braille
instruction include: (i) those whose vision loss is so severe
that they are unable to read and write at a level comparable to
their peers solely through the use of vision, and (ii) those
who show evidence of progressive vision loss that may result in
functional blindness. Each student who is functionally blind

shall be entitled to Braille reading and writing instruction
that is sufficient to enable the student to communicate with
the same level of proficiency as other students of comparable
ability. Instruction should be provided to the extent that the
student is physically and cognitively able to use Braille.
Braille instruction may be used in combination with other
special education services appropriate to the student's
educational needs. The assessment of each student who is
functionally blind for the purpose of developing the student's
individualized education program shall include documentation
of the student's strengths and weaknesses in Braille skills.
Each person assisting in the development of the individualized
education program for a student who is functionally blind shall
receive information describing the benefits of Braille
instruction. The individualized education program for each
student who is functionally blind shall specify the appropriate
learning medium or media based on the assessment report.
(d) To the maximum extent appropriate, the placement shall
provide the child with the opportunity to be educated with
children who do not have a disability; provided that children
with disabilities who are recommended to be placed into regular
education classrooms are provided with supplementary services
to assist the children with disabilities to benefit from the
regular classroom instruction and are included on the teacher's
regular education class register. Subject to the limitation of
the preceding sentence, placement in special classes, separate

schools or other removal of the child with a disability from
the regular educational environment shall occur only when the
nature of the severity of the disability is such that education
in the regular classes with the use of supplementary aids and
services cannot be achieved satisfactorily. The placement of
English learners with disabilities shall be in non-restrictive
environments which provide for integration with peers who do
not have disabilities in bilingual classrooms. Annually, each
January, school districts shall report data on students from
non-English speaking backgrounds receiving special education
and related services in public and private facilities as
prescribed in Section 2-3.30. If there is a disagreement
between parties involved regarding the special education
placement of any child, either in-state or out-of-state, the
placement is subject to impartial due process procedures
described in Article 10 of the Rules and Regulations to Govern
the Administration and Operation of Special Education.
(e) No child who comes from a home in which a language
other than English is the principal language used may be
assigned to any class or program under this Article until he
has been given, in the principal language used by the child and
used in his home, tests reasonably related to his cultural
environment. All testing and evaluation materials and
procedures utilized for evaluation and placement shall not be
linguistically, racially or culturally discriminatory.
(f) Nothing in this Article shall be construed to require

any child to undergo any physical examination or medical
treatment whose parents object thereto on the grounds that such
examination or treatment conflicts with his religious beliefs.
(g) School boards or their designee shall provide to the
parents of a child prior written notice of any decision (a)
proposing to initiate or change, or (b) refusing to initiate or
change, the identification, evaluation, or educational
placement of the child or the provision of a free appropriate
public education to their child, and the reasons therefor. Such
written notification shall also inform the parent of the
opportunity to present complaints with respect to any matter
relating to the educational placement of the student, or the
provision of a free appropriate public education and to have an
impartial due process hearing on the complaint. The notice
shall inform the parents in the parents' native language,
unless it is clearly not feasible to do so, of their rights and
all procedures available pursuant to this Act and the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446); it shall be the responsibility of
the State Superintendent to develop uniform notices setting
forth the procedures available under this Act and the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446) to be used by all school boards. The
notice shall also inform the parents of the availability upon
request of a list of free or low-cost legal and other relevant
services available locally to assist parents in initiating an

impartial due process hearing. The State Superintendent shall
revise the uniform notices required by this subsection (g) to
reflect current law and procedures at least once every 2 years.
Any parent who is deaf, or does not normally communicate using
spoken English, who participates in a meeting with a
representative of a local educational agency for the purposes
of developing an individualized educational program shall be
entitled to the services of an interpreter.
(g-5) For purposes of this subsection (g-5), "qualified
professional" means an individual who holds credentials to
evaluate the child in the domain or domains for which an
evaluation is sought or an intern working under the direct
supervision of a qualified professional, including a master's
or doctoral degree candidate.
To ensure that a parent can participate fully and
effectively with school personnel in the development of
appropriate educational and related services for his or her
child, the parent, an independent educational evaluator, or a
qualified professional retained by or on behalf of a parent or
child must be afforded reasonable access to educational
facilities, personnel, classrooms, and buildings and to the
child as provided in this subsection (g-5). The requirements of
this subsection (g-5) apply to any public school facility,
building, or program and to any facility, building, or program
supported in whole or in part by public funds. Prior to
visiting a school, school building, or school facility, the

parent, independent educational evaluator, or qualified
professional may be required by the school district to inform
the building principal or supervisor in writing of the proposed
visit, the purpose of the visit, and the approximate duration
of the visit. The visitor and the school district shall arrange
the visit or visits at times that are mutually agreeable.
Visitors shall comply with school safety, security, and
visitation policies at all times. School district visitation
policies must not conflict with this subsection (g-5). Visitors
shall be required to comply with the requirements of applicable
privacy laws, including those laws protecting the
confidentiality of education records such as the federal Family
Educational Rights and Privacy Act and the Illinois School
Student Records Act. The visitor shall not disrupt the
educational process.
(1) A parent must be afforded reasonable access of
sufficient duration and scope for the purpose of observing
his or her child in the child's current educational
placement, services, or program or for the purpose of
visiting an educational placement or program proposed for
the child.
(2) An independent educational evaluator or a
qualified professional retained by or on behalf of a parent
or child must be afforded reasonable access of sufficient
duration and scope for the purpose of conducting an
evaluation of the child, the child's performance, the

child's current educational program, placement, services,
or environment, or any educational program, placement,
services, or environment proposed for the child, including
interviews of educational personnel, child observations,
assessments, tests or assessments of the child's
educational program, services, or placement or of any
proposed educational program, services, or placement. If
one or more interviews of school personnel are part of the
evaluation, the interviews must be conducted at a mutually
agreed upon time, date, and place that do not interfere
with the school employee's school duties. The school
district may limit interviews to personnel having
information relevant to the child's current educational
services, program, or placement or to a proposed
educational service, program, or placement.
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) (Blank).
(l) (Blank).
(m) (Blank).
(n) (Blank).
(o) (Blank).
(Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16; 100-122, eff. 8-18-17; revised 9-25-17.)

(105 ILCS 5/14-8.02a)
Sec. 14-8.02a. Impartial due process hearing; civil
action.
(a) This Section shall apply to all impartial due process
hearings requested on or after July 1, 2005. Impartial due
process hearings requested before July 1, 2005 shall be
governed by the rules described in Public Act 89-652.
(a-5) For purposes of this Section and Section 14-8.02b of
this Code, days shall be computed in accordance with Section
1.11 of the Statute on Statutes.
(b) The State Board of Education shall establish an
impartial due process hearing system in accordance with this
Section and may, with the advice and approval of the Advisory
Council on Education of Children with Disabilities, promulgate
rules and regulations consistent with this Section to establish
the rules and procedures for due process hearings.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) An impartial due process hearing shall be convened upon
the request of a parent, student if at least 18 years of age or
emancipated, or a school district. A school district shall make
a request in writing to the State Board of Education and
promptly mail a copy of the request to the parents or student
(if at least 18 years of age or emancipated) at the parent's or
student's last known address. A request made by the parent or

student shall be made in writing to the superintendent of the
school district where the student resides. The superintendent
shall forward the request to the State Board of Education
within 5 days after receipt of the request. The request shall
be filed no more than 2 years following the date the person or
school district knew or should have known of the event or
events forming the basis for the request. The request shall, at
a minimum, contain all of the following:
(1) The name of the student, the address of the
student's residence, and the name of the school the student
is attending.
(2) In the case of homeless children (as defined under
the federal McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a(2))), available contact information for the
student and the name of the school the student is
attending.
(3) A description of the nature of the problem relating
to the actual or proposed placement, identification,
services, or evaluation of the student, including facts
relating to the problem.
(4) A proposed resolution of the problem to the extent
known and available to the party at the time.
(f-5) Within 3 days after receipt of the hearing request,
the State Board of Education shall appoint a due process
hearing officer using a rotating appointment system and shall
notify the hearing officer of his or her appointment.

For a school district other than a school district located
in a municipality having a population exceeding 500,000, a
hearing officer who is a current resident of the school
district, special education cooperative, or other public
entity involved in the hearing shall recuse himself or herself.
A hearing officer who is a former employee of the school
district, special education cooperative, or other public
entity involved in the hearing shall immediately disclose the
former employment to the parties and shall recuse himself or
herself, unless the parties otherwise agree in writing. A
hearing officer having a personal or professional interest that
may conflict with his or her objectivity in the hearing shall
disclose the conflict to the parties and shall recuse himself
or herself unless the parties otherwise agree in writing. For
purposes of this subsection an assigned hearing officer shall
be considered to have a conflict of interest if, at any time
prior to the issuance of his or her written decision, he or she
knows or should know that he or she may receive remuneration
from a party to the hearing within 3 years following the
conclusion of the due process hearing.
A party to a due process hearing shall be permitted one
substitution of hearing officer as a matter of right, in
accordance with procedures established by the rules adopted by
the State Board of Education under this Section. The State
Board of Education shall randomly select and appoint another
hearing officer within 3 days after receiving notice that the

appointed hearing officer is ineligible to serve or upon
receiving a proper request for substitution of hearing officer.
If a party withdraws its request for a due process hearing
after a hearing officer has been appointed, that hearing
officer shall retain jurisdiction over a subsequent hearing
that involves the same parties and is requested within one year
from the date of withdrawal of the previous request, unless
that hearing officer is unavailable.
Any party may raise facts that constitute a conflict of
interest for the hearing officer at any time before or during
the hearing and may move for recusal.
(g) Impartial due process hearings shall be conducted
pursuant to this Section and any rules and regulations
promulgated by the State Board of Education consistent with
this Section and other governing laws and regulations. The
hearing shall address only those issues properly raised in the
hearing request under subsection (f) of this Section or, if
applicable, in the amended hearing request under subsection
(g-15) of this Section. The hearing shall be closed to the
public unless the parents request that the hearing be open to
the public. The parents involved in the hearing shall have the
right to have the student who is the subject of the hearing
present. The hearing shall be held at a time and place which
are reasonably convenient to the parties involved. Upon the
request of a party, the hearing officer shall hold the hearing
at a location neutral to the parties if the hearing officer

determines that there is no cost for securing the use of the
neutral location. Once appointed, the impartial due process
hearing officer shall not communicate with the State Board of
Education or its employees concerning the hearing, except that,
where circumstances require, communications for administrative
purposes that do not deal with substantive or procedural
matters or issues on the merits are authorized, provided that
the hearing officer promptly notifies all parties of the
substance of the communication as a matter of record.
(g-5) Unless the school district has previously provided
prior written notice to the parent or student (if at least 18
years of age or emancipated) regarding the subject matter of
the hearing request, the school district shall, within 10 days
after receiving a hearing request initiated by a parent or
student (if at least 18 years of age or emancipated), provide a
written response to the request that shall include all of the
following:
(1) An explanation of why the school district proposed
or refused to take the action or actions described in the
hearing request.
(2) A description of other options the IEP team
considered and the reasons why those options were rejected.
(3) A description of each evaluation procedure,
assessment, record, report, or other evidence the school
district used as the basis for the proposed or refused
action or actions.

(4) A description of the factors that are or were
relevant to the school district's proposed or refused
action or actions.
(g-10) When the hearing request has been initiated by a
school district, within 10 days after receiving the request,
the parent or student (if at least 18 years of age or
emancipated) shall provide the school district with a response
that specifically addresses the issues raised in the school
district's hearing request. The parent's or student's response
shall be provided in writing, unless he or she is illiterate or
has a disability that prevents him or her from providing a
written response. The parent's or student's response may be
provided in his or her native language, if other than English.
In the event that illiteracy or another disabling condition
prevents the parent or student from providing a written
response, the school district shall assist the parent or
student in providing the written response.
(g-15) Within 15 days after receiving notice of the hearing
request, the non-requesting party may challenge the
sufficiency of the request by submitting its challenge in
writing to the hearing officer. Within 5 days after receiving
the challenge to the sufficiency of the request, the hearing
officer shall issue a determination of the challenge in writing
to the parties. In the event that the hearing officer upholds
the challenge, the party who requested the hearing may, with
the consent of the non-requesting party or hearing officer,

file an amended request. Amendments are permissible for the
purpose of raising issues beyond those in the initial hearing
request. In addition, the party who requested the hearing may
amend the request once as a matter of right by filing the
amended request within 5 days after filing the initial request.
An amended request, other than an amended request as a matter
of right, shall be filed by the date determined by the hearing
officer, but in no event any later than 5 days prior to the
date of the hearing. If an amended request, other than an
amended request as a matter of right, raises issues that were
not part of the initial request, the applicable timeline for a
hearing, including the timeline under subsection (g-20) of this
Section, shall recommence.
(g-20) Within 15 days after receiving a request for a
hearing from a parent or student (if at least 18 years of age
or emancipated) or, in the event that the school district
requests a hearing, within 15 days after initiating the
request, the school district shall convene a resolution meeting
with the parent and relevant members of the IEP team who have
specific knowledge of the facts contained in the request for
the purpose of resolving the problem that resulted in the
request. The resolution meeting shall include a representative
of the school district who has decision-making authority on
behalf of the school district. Unless the parent is accompanied
by an attorney at the resolution meeting, the school district
may not include an attorney representing the school district.

The resolution meeting may not be waived unless agreed to
in writing by the school district and the parent or student (if
at least 18 years of age or emancipated) or the parent or
student (if at least 18 years of age or emancipated) and the
school district agree in writing to utilize mediation in place
of the resolution meeting. If either party fails to cooperate
in the scheduling or convening of the resolution meeting, the
hearing officer may order an extension of the timeline for
completion of the resolution meeting or, upon the motion of a
party and at least 7 days after ordering the non-cooperating
party to cooperate, order the dismissal of the hearing request
or the granting of all relief set forth in the request, as
appropriate.
In the event that the school district and the parent or
student (if at least 18 years of age or emancipated) agree to a
resolution of the problem that resulted in the hearing request,
the terms of the resolution shall be committed to writing and
signed by the parent or student (if at least 18 years of age or
emancipated) and the representative of the school district with
decision-making authority. The agreement shall be legally
binding and shall be enforceable in any State or federal court
of competent jurisdiction. In the event that the parties
utilize the resolution meeting process, the process shall
continue until no later than the 30th day following the receipt
of the hearing request by the non-requesting party (or as
properly extended by order of the hearing officer) to resolve

the issues underlying the request, at which time the timeline
for completion of the impartial due process hearing shall
commence. The State Board of Education may, by rule, establish
additional procedures for the conduct of resolution meetings.
(g-25) If mutually agreed to in writing, the parties to a
hearing request may request State-sponsored mediation as a
substitute for the resolution process described in subsection
(g-20) of this Section or may utilize mediation at the close of
the resolution process if all issues underlying the hearing
request have not been resolved through the resolution process.
(g-30) If mutually agreed to in writing, the parties to a
hearing request may waive the resolution process described in
subsection (g-20) of this Section. Upon signing a written
agreement to waive the resolution process, the parties shall be
required to forward the written waiver to the hearing officer
appointed to the case within 2 business days following the
signing of the waiver by the parties. The timeline for the
impartial due process hearing shall commence on the date of the
signing of the waiver by the parties.
(g-35) The timeline for completing the impartial due
process hearing, as set forth in subsection (h) of this
Section, shall be initiated upon the occurrence of any one of
the following events:
(1) The unsuccessful completion of the resolution
process as described in subsection (g-20) of this Section.
(2) The mutual agreement of the parties to waive the

resolution process as described in subsection (g-25) or
(g-30) of this Section.
(g-40) The hearing officer shall convene a prehearing
conference no later than 14 days before the scheduled date for
the due process hearing for the general purpose of aiding in
the fair, orderly, and expeditious conduct of the hearing. The
hearing officer shall provide the parties with written notice
of the prehearing conference at least 7 days in advance of the
conference. The written notice shall require the parties to
notify the hearing officer by a date certain whether they
intend to participate in the prehearing conference. The hearing
officer may conduct the prehearing conference in person or by
telephone. Each party shall at the prehearing conference (1)
disclose whether it is represented by legal counsel or intends
to retain legal counsel; (2) clarify matters it believes to be
in dispute in the case and the specific relief being sought;
(3) disclose whether there are any additional evaluations for
the student that it intends to introduce into the hearing
record that have not been previously disclosed to the other
parties; (4) disclose a list of all documents it intends to
introduce into the hearing record, including the date and a
brief description of each document; and (5) disclose the names
of all witnesses it intends to call to testify at the hearing.
The hearing officer shall specify the order of presentation to
be used at the hearing. If the prehearing conference is held by
telephone, the parties shall transmit the information required

in this paragraph in such a manner that it is available to all
parties at the time of the prehearing conference. The State
Board of Education may, by rule, establish additional
procedures for the conduct of prehearing conferences.
(g-45) The impartial due process hearing officer shall not
initiate or participate in any ex parte communications with the
parties, except to arrange the date, time, and location of the
prehearing conference, due process hearing, or other status
conferences convened at the discretion of the hearing officer
and to receive confirmation of whether a party intends to
participate in the prehearing conference.
(g-50) The parties shall disclose and provide to each other
any evidence which they intend to submit into the hearing
record no later than 5 days before the hearing. Any party to a
hearing has the right to prohibit the introduction of any
evidence at the hearing that has not been disclosed to that
party at least 5 days before the hearing. The party requesting
a hearing shall not be permitted at the hearing to raise issues
that were not raised in the party's initial or amended request,
unless otherwise permitted in this Section.
(g-55) All reasonable efforts must be made by the parties
to present their respective cases at the hearing within a
cumulative period of 7 days. When scheduling hearing dates, the
hearing officer shall schedule the final day of the hearing no
more than 30 calendar days after the first day of the hearing
unless good cause is shown. This subsection (g-55) shall not be

applied in a manner that (i) denies any party to the hearing a
fair and reasonable allocation of time and opportunity to
present its case in its entirety or (ii) deprives any party to
the hearing of the safeguards accorded under the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446), regulations promulgated under the
Individuals with Disabilities Education Improvement Act of
2004, or any other applicable law. The school district shall
present evidence that the special education needs of the child
have been appropriately identified and that the special
education program and related services proposed to meet the
needs of the child are adequate, appropriate, and available.
Any party to the hearing shall have the right to (1) be
represented by counsel and be accompanied and advised by
individuals with special knowledge or training with respect to
the problems of children with disabilities, at the party's own
expense; (2) present evidence and confront and cross-examine
witnesses; (3) move for the exclusion of witnesses from the
hearing until they are called to testify, provided, however,
that this provision may not be invoked to exclude the
individual designated by a party to assist that party or its
representative in the presentation of the case; (4) obtain a
written or electronic verbatim record of the proceedings within
30 days of receipt of a written request from the parents by the
school district; and (5) obtain a written decision, including
findings of fact and conclusions of law, within 10 days after

the conclusion of the hearing. If at issue, the school district
shall present evidence that it has properly identified and
evaluated the nature and severity of the student's suspected or
identified disability and that, if the student has been or
should have been determined eligible for special education and
related services, that it is providing or has offered a free
appropriate public education to the student in the least
restrictive environment, consistent with procedural safeguards
and in accordance with an individualized educational program.
At any time prior to the conclusion of the hearing, the
impartial due process hearing officer shall have the authority
to require additional information and order independent
evaluations for the student at the expense of the school
district. The State Board of Education and the school district
shall share equally the costs of providing a written or
electronic verbatim record of the proceedings. Any party may
request that the due process hearing officer issue a subpoena
to compel the testimony of witnesses or the production of
documents relevant to the resolution of the hearing. Whenever a
person refuses to comply with any subpoena issued under this
Section, the circuit court of the county in which that hearing
is pending, on application of the impartial hearing officer or
the party requesting the issuance of the subpoena, may compel
compliance through the contempt powers of the court in the same
manner as if the requirements of a subpoena issued by the court
had been disobeyed.

(h) The impartial hearing officer shall issue a written
decision, including findings of fact and conclusions of law,
within 10 days after the conclusion of the hearing and send by
certified mail a copy of the decision to the parents or student
(if the student requests the hearing), the school district, the
director of special education, legal representatives of the
parties, and the State Board of Education. Unless the hearing
officer has granted specific extensions of time at the request
of a party, a final decision, including the clarification of a
decision requested under this subsection, shall be reached and
mailed to the parties named above not later than 45 days after
the initiation of the timeline for conducting the hearing, as
described in subsection (g-35) of this Section. The decision
shall specify the educational and related services that shall
be provided to the student in accordance with the student's
needs and the timeline for which the school district shall
submit evidence to the State Board of Education to demonstrate
compliance with the hearing officer's decision in the event
that the decision orders the school district to undertake
corrective action. The hearing officer shall retain
jurisdiction for the sole purpose of considering a request for
clarification of the final decision submitted in writing by a
party to the impartial hearing officer within 5 days after
receipt of the decision. A copy of the request for
clarification shall specify the portions of the decision for
which clarification is sought and shall be mailed to all

parties of record and to the State Board of Education. The
request shall operate to stay implementation of those portions
of the decision for which clarification is sought, pending
action on the request by the hearing officer, unless the
parties otherwise agree. The hearing officer shall issue a
clarification of the specified portion of the decision or issue
a partial or full denial of the request in writing within 10
days of receipt of the request and mail copies to all parties
to whom the decision was mailed. This subsection does not
permit a party to request, or authorize a hearing officer to
entertain, reconsideration of the decision itself. The statute
of limitations for seeking review of the decision shall be
tolled from the date the request is submitted until the date
the hearing officer acts upon the request. The hearing
officer's decision shall be binding upon the school district
and the parents unless a civil action is commenced.
(i) Any party to an impartial due process hearing aggrieved
by the final written decision of the impartial due process
hearing officer shall have the right to commence a civil action
with respect to the issues presented in the impartial due
process hearing. That civil action shall be brought in any
court of competent jurisdiction within 120 days after a copy of
the decision of the impartial due process hearing officer is
mailed to the party as provided in subsection (h). The civil
action authorized by this subsection shall not be exclusive of
any rights or causes of action otherwise available. The

commencement of a civil action under this subsection shall
operate as a supersedeas. In any action brought under this
subsection the Court shall receive the records of the impartial
due process hearing, shall hear additional evidence at the
request of a party, and, basing its decision on the
preponderance of the evidence, shall grant such relief as the
court determines is appropriate. In any instance where a school
district willfully disregards applicable regulations or
statutes regarding a child covered by this Article, and which
disregard has been detrimental to the child, the school
district shall be liable for any reasonable attorney's fees
incurred by the parent in connection with proceedings under
this Section.
(j) During the pendency of any administrative or judicial
proceeding conducted pursuant to this Section, including
mediation (if the school district or other public entity
voluntarily agrees to participate in mediation), unless the
school district and the parents or student (if at least 18
years of age or emancipated) otherwise agree, the student shall
remain in his or her present educational placement and continue
in his or her present eligibility status and special education
and related services, if any. If mediation fails to resolve the
dispute between the parties, or if the parties do not agree to
use mediation, the parent (or student if 18 years of age or
older or emancipated) shall have 10 days after the mediation
concludes, or after a party declines to use mediation, to file

a request for a due process hearing in order to continue to
invoke the "stay-put" provisions of this subsection (j). If
applying for initial admission to the school district, the
student shall, with the consent of the parents (if the student
is not at least 18 years of age or emancipated), be placed in
the school district program until all such proceedings have
been completed. The costs for any special education and related
services or placement incurred following 60 school days after
the initial request for evaluation shall be borne by the school
district if the services or placement is in accordance with the
final determination as to the special education and related
services or placement that must be provided to the child,
provided that during that 60-day 60 day period there have been
no delays caused by the child's parent. The requirements and
procedures of this subsection (j) shall be included in the
uniform notices developed by the State Superintendent under
subsection (g) of Section 14-8.02 of this Code.
(k) Whenever the parents of a child of the type described
in Section 14-1.02 are not known or , are unavailable, or the
child is a youth in care as defined in Section 4d of the
Children and Family Services Act, a person shall be assigned to
serve as surrogate parent for the child in matters relating to
the identification, evaluation, and educational placement of
the child and the provision of a free appropriate public
education to the child. Persons shall be assigned as surrogate
parents by the State Superintendent of Education. The State

Board of Education shall promulgate rules and regulations
establishing qualifications of those persons and their
responsibilities and the procedures to be followed in making
assignments of persons as surrogate parents. Surrogate parents
shall not be employees of the school district, an agency
created by joint agreement under Section 10-22.31, an agency
involved in the education or care of the student, or the State
Board of Education. Services of any person assigned as
surrogate parent shall terminate if the parent becomes
available unless otherwise requested by the parents. The
assignment of a person as surrogate parent at no time
supersedes, terminates, or suspends the parents' legal
authority relative to the child. Any person participating in
good faith as surrogate parent on behalf of the child before
school officials or a hearing officer shall have immunity from
civil or criminal liability that otherwise might result by
reason of that participation, except in cases of willful and
wanton misconduct.
(l) At all stages of the hearing, the hearing officer shall
require that interpreters be made available by the school
district for persons who are deaf or for persons whose normally
spoken language is other than English.
(m) If any provision of this Section or its application to
any person or circumstance is held invalid, the invalidity of
that provision or application does not affect other provisions
or applications of the Section that can be given effect without

the invalid application or provision, and to this end the
provisions of this Section are severable, unless otherwise
provided by this Section.
(Source: P.A. 100-122, eff. 8-18-17; 100-159, eff. 8-18-17;
revised 1-22-18.)
(105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
Sec. 14-13.01. Reimbursement payable by State; amounts for
personnel and transportation.
(a) Through fiscal year 2017, for staff working on behalf
of children who have not been identified as eligible for
special education and for eligible children with physical
disabilities, including all eligible children whose placement
has been determined under Section 14-8.02 in hospital or home
instruction, 1/2 of the teacher's salary but not more than
$1,000 annually per child or $9,000 per teacher, whichever is
less.
(a-5) A child qualifies for home or hospital instruction if
it is anticipated that, due to a medical condition, the child
will be unable to attend school, and instead must be instructed
at home or in the hospital, for a period of 2 or more
consecutive weeks or on an ongoing intermittent basis. For
purposes of this Section, "ongoing intermittent basis" means
that the child's medical condition is of such a nature or
severity that it is anticipated that the child will be absent
from school due to the medical condition for periods of at

least 2 days at a time multiple times during the school year
totaling at least 10 days or more of absences. There shall be
no requirement that a child be absent from school a minimum
number of days before the child qualifies for home or hospital
instruction. In order to establish eligibility for home or
hospital services, a student's parent or guardian must submit
to the child's school district of residence a written statement
from a physician licensed to practice medicine in all of its
branches, a licensed physician assistant, or a licensed
advanced practice registered nurse stating the existence of
such medical condition, the impact on the child's ability to
participate in education, and the anticipated duration or
nature of the child's absence from school. Home or hospital
instruction may commence upon receipt of a written physician's,
physician assistant's, or advanced practice registered nurse's
statement in accordance with this Section, but instruction
shall commence not later than 5 school days after the school
district receives the physician's, physician assistant's, or
advanced practice registered nurse's statement. Special
education and related services required by the child's IEP or
services and accommodations required by the child's federal
Section 504 plan must be implemented as part of the child's
home or hospital instruction, unless the IEP team or federal
Section 504 plan team determines that modifications are
necessary during the home or hospital instruction due to the
child's condition.

(a-10) Through fiscal year 2017, eligible children to be
included in any reimbursement under this paragraph must
regularly receive a minimum of one hour of instruction each
school day, or in lieu thereof of a minimum of 5 hours of
instruction in each school week in order to qualify for full
reimbursement under this Section. If the attending physician,
physician assistant, or advanced practice registered nurse for
such a child has certified that the child should not receive as
many as 5 hours of instruction in a school week, however,
reimbursement under this paragraph on account of that child
shall be computed proportionate to the actual hours of
instruction per week for that child divided by 5.
(a-15) The State Board of Education shall establish rules
governing the required qualifications of staff providing home
or hospital instruction.
(b) For children described in Section 14-1.02, 80% of the
cost of transportation approved as a related service in the
Individualized Education Program for each student in order to
take advantage of special educational facilities.
Transportation costs shall be determined in the same fashion as
provided in Section 29-5 of this Code. For purposes of this
subsection (b), the dates for processing claims specified in
Section 29-5 shall apply.
(c) Through fiscal year 2017, for each qualified worker,
the annual sum of $9,000.
(d) Through fiscal year 2017, for one full-time full time

qualified director of the special education program of each
school district which maintains a fully approved program of
special education, the annual sum of $9,000. Districts
participating in a joint agreement special education program
shall not receive such reimbursement if reimbursement is made
for a director of the joint agreement program.
(e) (Blank).
(f) (Blank).
(g) Through fiscal year 2017, for readers, working with
blind or partially seeing children, 1/2 of their salary but not
more than $400 annually per child. Readers may be employed to
assist such children and shall not be required to be certified
but prior to employment shall meet standards set up by the
State Board of Education.
(h) Through fiscal year 2017, for non-certified employees,
as defined by rules promulgated by the State Board of
Education, who deliver services to students with IEPs, 1/2 of
the salary paid or $3,500 per employee, whichever is less.
(i) The State Board of Education shall set standards and
prescribe rules for determining the allocation of
reimbursement under this section on less than a full time basis
and for less than a school year.
When any school district eligible for reimbursement under
this Section operates a school or program approved by the State
Superintendent of Education for a number of days in excess of
the adopted school calendar but not to exceed 235 school days,

such reimbursement shall be increased by 1/180 of the amount or
rate paid hereunder for each day such school is operated in
excess of 180 days per calendar year.
Notwithstanding any other provision of law, any school
district receiving a payment under this Section or under
Section 14-7.02, 14-7.02b, or 29-5 of this Code may classify
all or a portion of the funds that it receives in a particular
fiscal year or from evidence-based funding pursuant to Section
18-8.15 of this Code as funds received in connection with any
funding program for which it is entitled to receive funds from
the State in that fiscal year (including, without limitation,
any funding program referenced in this Section), regardless of
the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the
funding program than the district is entitled to receive in
that fiscal year for that program. Any classification by a
district must be made by a resolution of its board of
education. The resolution must identify the amount of any
payments or evidence-based funding to be classified under this
paragraph and must specify the funding program to which the
funds are to be treated as received in connection therewith.
This resolution is controlling as to the classification of
funds referenced therein. A certified copy of the resolution
must be sent to the State Superintendent of Education. The
resolution shall still take effect even though a copy of the
resolution has not been sent to the State Superintendent of

Education in a timely manner. No classification under this
paragraph by a district shall affect the total amount or timing
of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall in
any way relieve the district from or affect any requirements
that otherwise would apply with respect to that funding
program, including any accounting of funds by source, reporting
expenditures by original source and purpose, reporting
requirements, or requirements of providing services.
No funding shall be provided to school districts under this
Section after fiscal year 2017. In fiscal year 2018 and each
fiscal year thereafter, all funding received by a school
district from the State pursuant to Section 18-8.15 of this
Code that is attributable to personnel reimbursements for
special education pupils must be used for special education
services authorized under this Code.
(Source: P.A. 100-443, eff. 8-25-17; 100-465, eff. 8-31-17;
revised 9-25-17.)
(105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)
Sec. 17-2A. Interfund transfers.
(a) The school board of any district having a population of
less than 500,000 inhabitants may, by proper resolution
following a public hearing set by the school board or the
president of the school board (that is preceded (i) by at least
one published notice over the name of the clerk or secretary of

the board, occurring at least 7 days and not more than 30 days
prior to the hearing, in a newspaper of general circulation
within the school district and (ii) by posted notice over the
name of the clerk or secretary of the board, at least 48 hours
before the hearing, at the principal office of the school board
or at the building where the hearing is to be held if a
principal office does not exist, with both notices setting
forth the time, date, place, and subject matter of the
hearing), transfer money from (1) the Educational Fund to the
Operations and Maintenance Fund or the Transportation Fund, (2)
the Operations and Maintenance Fund to the Educational Fund or
the Transportation Fund, (3) the Transportation Fund to the
Educational Fund or the Operations and Maintenance Fund, or (4)
the Tort Immunity Fund to the Operations and Maintenance Fund
of said district, provided that, except during the period from
July 1, 2003 through June 30, 2020, such transfer is made
solely for the purpose of meeting one-time, non-recurring
expenses. Except during the period from July 1, 2003 through
June 30, 2020 and except as otherwise provided in subsection
(b) of this Section, any other permanent interfund transfers
authorized by any provision or judicial interpretation of this
Code for which the transferee fund is not precisely and
specifically set forth in the provision of this Code
authorizing such transfer shall be made to the fund of the
school district most in need of the funds being transferred, as
determined by resolution of the school board.

(b) (Blank).
(c) Notwithstanding subsection (a) of this Section or any
other provision of this Code to the contrary, the school board
of any school district (i) that is subject to the Property Tax
Extension Limitation Law, (ii) that is an elementary district
servicing students in grades K through 8, (iii) whose territory
is in one county, (iv) that is eligible for Section 7002
Federal Impact Aid, and (v) that has no more than $81,000 in
funds remaining from refinancing bonds that were refinanced a
minimum of 5 years prior to January 20, 2017 (the effective
date of Public Act 99-926) may make a one-time transfer of the
funds remaining from the refinancing bonds to the Operations
and Maintenance Fund of the district by proper resolution
following a public hearing set by the school board or the
president of the school board, with notice as provided in
subsection (a) of this Section, so long as the district meets
the qualifications set forth in this subsection (c) on January
20, 2017 (the effective date of Public Act 99-926).
(d) Notwithstanding subsection (a) of this Section or any
other provision of this Code to the contrary, the school board
of any school district (i) that is subject to the Property Tax
Extension Limitation Law, (ii) that is a community unit school
district servicing students in grades K through 12, (iii) whose
territory is in one county, (iv) that owns property designated
by the United States as a Superfund site pursuant to the
federal Comprehensive Environmental Response, Compensation and

Liability Act of 1980 (42 U.S.C. 9601 et seq.), and (v) that
has an excess accumulation of funds in its bond fund, including
funds accumulated prior to July 1, 2000, may make a one-time
transfer of those excess funds accumulated prior to July 1,
2000 to the Operations and Maintenance Fund of the district by
proper resolution following a public hearing set by the school
board or the president of the school board, with notice as
provided in subsection (a) of this Section, so long as the
district meets the qualifications set forth in this subsection
(d) on August 4, 2017 (the effective date of Public Act 100-32)
this amendatory Act of the 100th General Assembly.
(Source: P.A. 99-713, eff. 8-5-16; 99-922, eff. 1-17-17;
99-926, eff. 1-20-17; 100-32, eff. 8-4-17; 100-465, eff.
8-31-17; revised 9-25-17.)
(105 ILCS 5/18-8.05)
Sec. 18-8.05. Basis for apportionment of general State
financial aid and supplemental general State aid to the common
schools for the 1998-1999 through the 2016-2017 school years.
(A) General Provisions.
(1) The provisions of this Section relating to the
calculation and apportionment of general State financial aid
and supplemental general State aid apply to the 1998-1999
through the 2016-2017 school years. The system of general State
financial aid provided for in this Section is designed to

assure that, through a combination of State financial aid and
required local resources, the financial support provided each
pupil in Average Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach
imputes a level of per pupil Available Local Resources and
provides for the basis to calculate a per pupil level of
general State financial aid that, when added to Available Local
Resources, equals or exceeds the Foundation Level. The amount
of per pupil general State financial aid for school districts,
in general, varies in inverse relation to Available Local
Resources. Per pupil amounts are based upon each school
district's Average Daily Attendance as that term is defined in
this Section.
(2) In addition to general State financial aid, school
districts with specified levels or concentrations of pupils
from low income households are eligible to receive supplemental
general State financial aid grants as provided pursuant to
subsection (H). The supplemental State aid grants provided for
school districts under subsection (H) shall be appropriated for
distribution to school districts as part of the same line item
in which the general State financial aid of school districts is
appropriated under this Section.
(3) To receive financial assistance under this Section,
school districts are required to file claims with the State
Board of Education, subject to the following requirements:
(a) Any school district which fails for any given

school year to maintain school as required by law, or to
maintain a recognized school is not eligible to file for
such school year any claim upon the Common School Fund. In
case of nonrecognition of one or more attendance centers in
a school district otherwise operating recognized schools,
the claim of the district shall be reduced in the
proportion which the Average Daily Attendance in the
attendance center or centers bear to the Average Daily
Attendance in the school district. A "recognized school"
means any public school which meets the standards as
established for recognition by the State Board of
Education. A school district or attendance center not
having recognition status at the end of a school term is
entitled to receive State aid payments due upon a legal
claim which was filed while it was recognized.
(b) School district claims filed under this Section are
subject to Sections 18-9 and 18-12, except as otherwise
provided in this Section.
(c) If a school district operates a full year school
under Section 10-19.1, the general State aid to the school
district shall be determined by the State Board of
Education in accordance with this Section as near as may be
applicable.
(d) (Blank).
(4) Except as provided in subsections (H) and (L), the
board of any district receiving any of the grants provided for

in this Section may apply those funds to any fund so received
for which that board is authorized to make expenditures by law.
School districts are not required to exert a minimum
Operating Tax Rate in order to qualify for assistance under
this Section.
(5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
attendance in school, averaged as provided for in
subsection (C) and utilized in deriving per pupil financial
support levels.
(b) "Available Local Resources": A computation of
local financial support, calculated on the basis of Average
Daily Attendance and derived as provided pursuant to
subsection (D).
(c) "Corporate Personal Property Replacement Taxes":
Funds paid to local school districts pursuant to "An Act in
relation to the abolition of ad valorem personal property
tax and the replacement of revenues lost thereby, and
amending and repealing certain Acts and parts of Acts in
connection therewith", certified August 14, 1979, as
amended (Public Act 81-1st S.S.-1).
(d) "Foundation Level": A prescribed level of per pupil
financial support as provided for in subsection (B).
(e) "Operating Tax Rate": All school district property
taxes extended for all purposes, except Bond and Interest,

Summer School, Rent, Capital Improvement, and Vocational
Education Building purposes.
(B) Foundation Level.
(1) The Foundation Level is a figure established by the
State representing the minimum level of per pupil financial
support that should be available to provide for the basic
education of each pupil in Average Daily Attendance. As set
forth in this Section, each school district is assumed to exert
a sufficient local taxing effort such that, in combination with
the aggregate of general State financial aid provided the
district, an aggregate of State and local resources are
available to meet the basic education needs of pupils in the
district.
(2) For the 1998-1999 school year, the Foundation Level of
support is $4,225. For the 1999-2000 school year, the
Foundation Level of support is $4,325. For the 2000-2001 school
year, the Foundation Level of support is $4,425. For the
2001-2002 school year and 2002-2003 school year, the Foundation
Level of support is $4,560. For the 2003-2004 school year, the
Foundation Level of support is $4,810. For the 2004-2005 school
year, the Foundation Level of support is $4,964. For the
2005-2006 school year, the Foundation Level of support is
$5,164. For the 2006-2007 school year, the Foundation Level of
support is $5,334. For the 2007-2008 school year, the
Foundation Level of support is $5,734. For the 2008-2009 school

year, the Foundation Level of support is $5,959.
(3) For the 2009-2010 school year and each school year
thereafter, the Foundation Level of support is $6,119 or such
greater amount as may be established by law by the General
Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid pursuant
to subsection (E), an Average Daily Attendance figure shall be
utilized. The Average Daily Attendance figure for formula
calculation purposes shall be the monthly average of the actual
number of pupils in attendance of each school district, as
further averaged for the best 3 months of pupil attendance for
each school district. In compiling the figures for the number
of pupils in attendance, school districts and the State Board
of Education shall, for purposes of general State aid funding,
conform attendance figures to the requirements of subsection
(F).
(2) The Average Daily Attendance figures utilized in
subsection (E) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated or the average of the
attendance data for the 3 preceding school years, whichever is
greater. The Average Daily Attendance figures utilized in
subsection (H) shall be the requisite attendance data for the
school year immediately preceding the school year for which

general State aid is being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid pursuant
to subsection (E), a representation of Available Local
Resources per pupil, as that term is defined and determined in
this subsection, shall be utilized. Available Local Resources
per pupil shall include a calculated dollar amount representing
local school district revenues from local property taxes and
from Corporate Personal Property Replacement Taxes, expressed
on the basis of pupils in Average Daily Attendance. Calculation
of Available Local Resources shall exclude any tax amnesty
funds received as a result of Public Act 93-26.
(2) In determining a school district's revenue from local
property taxes, the State Board of Education shall utilize the
equalized assessed valuation of all taxable property of each
school district as of September 30 of the previous year. The
equalized assessed valuation utilized shall be obtained and
determined as provided in subsection (G).
(3) For school districts maintaining grades kindergarten
through 12, local property tax revenues per pupil shall be
calculated as the product of the applicable equalized assessed
valuation for the district multiplied by 3.00%, and divided by
the district's Average Daily Attendance figure. For school
districts maintaining grades kindergarten through 8, local
property tax revenues per pupil shall be calculated as the

product of the applicable equalized assessed valuation for the
district multiplied by 2.30%, and divided by the district's
Average Daily Attendance figure. For school districts
maintaining grades 9 through 12, local property tax revenues
per pupil shall be the applicable equalized assessed valuation
of the district multiplied by 1.05%, and divided by the
district's Average Daily Attendance figure.
For partial elementary unit districts created pursuant to
Article 11E of this Code, local property tax revenues per pupil
shall be calculated as the product of the equalized assessed
valuation for property within the partial elementary unit
district for elementary purposes, as defined in Article 11E of
this Code, multiplied by 2.06% and divided by the district's
Average Daily Attendance figure, plus the product of the
equalized assessed valuation for property within the partial
elementary unit district for high school purposes, as defined
in Article 11E of this Code, multiplied by 0.94% and divided by
the district's Average Daily Attendance figure.
(4) The Corporate Personal Property Replacement Taxes paid
to each school district during the calendar year one year
before the calendar year in which a school year begins, divided
by the Average Daily Attendance figure for that district, shall
be added to the local property tax revenues per pupil as
derived by the application of the immediately preceding
paragraph (3). The sum of these per pupil figures for each
school district shall constitute Available Local Resources as

that term is utilized in subsection (E) in the calculation of
general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State aid
allotted to a school district shall be computed by the State
Board of Education as provided in this subsection.
(2) For any school district for which Available Local
Resources per pupil is less than the product of 0.93 times the
Foundation Level, general State aid for that district shall be
calculated as an amount equal to the Foundation Level minus
Available Local Resources, multiplied by the Average Daily
Attendance of the school district.
(3) For any school district for which Available Local
Resources per pupil is equal to or greater than the product of
0.93 times the Foundation Level and less than the product of
1.75 times the Foundation Level, the general State aid per
pupil shall be a decimal proportion of the Foundation Level
derived using a linear algorithm. Under this linear algorithm,
the calculated general State aid per pupil shall decline in
direct linear fashion from 0.07 times the Foundation Level for
a school district with Available Local Resources equal to the
product of 0.93 times the Foundation Level, to 0.05 times the
Foundation Level for a school district with Available Local
Resources equal to the product of 1.75 times the Foundation
Level. The allocation of general State aid for school districts

subject to this paragraph 3 shall be the calculated general
State aid per pupil figure multiplied by the Average Daily
Attendance of the school district.
(4) For any school district for which Available Local
Resources per pupil equals or exceeds the product of 1.75 times
the Foundation Level, the general State aid for the school
district shall be calculated as the product of $218 multiplied
by the Average Daily Attendance of the school district.
(5) The amount of general State aid allocated to a school
district for the 1999-2000 school year meeting the requirements
set forth in paragraph (4) of subsection (G) shall be increased
by an amount equal to the general State aid that would have
been received by the district for the 1998-1999 school year by
utilizing the Extension Limitation Equalized Assessed
Valuation as calculated in paragraph (4) of subsection (G) less
the general State aid allotted for the 1998-1999 school year.
This amount shall be deemed a one time increase, and shall not
affect any future general State aid allocations.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year,
submit to the State Board of Education, on forms prescribed by
the State Board of Education, attendance figures for the school
year that began in the preceding calendar year. The attendance
information so transmitted shall identify the average daily
attendance figures for each month of the school year for each

grade level served. Beginning with the general State aid claim
form for the 2002-2003 school year, districts shall calculate
Average Daily Attendance as provided in subdivisions (a), (b),
and (c) of this paragraph (1).
(a) In districts that do not hold year-round classes,
days of attendance in August shall be added to the month of
September and any days of attendance in June shall be added
to the month of May.
(b) In districts in which all buildings hold year-round
classes, days of attendance in July and August shall be
added to the month of September and any days of attendance
in June shall be added to the month of May.
(c) In districts in which some buildings, but not all,
hold year-round classes, for the non-year-round buildings,
days of attendance in August shall be added to the month of
September and any days of attendance in June shall be added
to the month of May. The average daily attendance for the
year-round buildings shall be computed as provided in
subdivision (b) of this paragraph (1). To calculate the
Average Daily Attendance for the district, the average
daily attendance for the year-round buildings shall be
multiplied by the days in session for the non-year-round
buildings for each month and added to the monthly
attendance of the non-year-round buildings.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of not

less than 5 clock hours of school work per day under direct
supervision of: (i) teachers, or (ii) non-teaching personnel or
volunteer personnel when engaging in non-teaching duties and
supervising in those instances specified in subsection (a) of
Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
of legal school age and in kindergarten and grades 1 through
12. Days of attendance by pupils through verified participation
in an e-learning program approved by the State Board of
Education under Section 10-20.56 of the Code shall be
considered as full days of attendance for purposes of this
Section.
Days of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition to a recognized
school.
(2) Days of attendance by pupils of less than 5 clock hours
of school shall be subject to the following provisions in the
compilation of Average Daily Attendance.
(a) Pupils regularly enrolled in a public school for
only a part of the school day may be counted on the basis
of 1/6 day for every class hour of instruction of 40
minutes or more attended pursuant to such enrollment,
unless a pupil is enrolled in a block-schedule format of 80
minutes or more of instruction, in which case the pupil may
be counted on the basis of the proportion of minutes of
school work completed each day to the minimum number of
minutes that school work is required to be held that day.

(b) (Blank).
(c) A session of 4 or more clock hours may be counted
as a day of attendance upon certification by the regional
superintendent, and approved by the State Superintendent
of Education to the extent that the district has been
forced to use daily multiple sessions.
(d) A session of 3 or more clock hours may be counted
as a day of attendance (1) when the remainder of the school
day or at least 2 hours in the evening of that day is
utilized for an in-service training program for teachers,
up to a maximum of 5 days per school year, provided a
district conducts an in-service training program for
teachers in accordance with Section 10-22.39 of this Code;
or, in lieu of 4 such days, 2 full days may be used, in
which event each such day may be counted as a day required
for a legal school calendar pursuant to Section 10-19 of
this Code; (1.5) when, of the 5 days allowed under item
(1), a maximum of 4 days are used for parent-teacher
conferences, or, in lieu of 4 such days, 2 full days are
used, in which case each such day may be counted as a
calendar day required under Section 10-19 of this Code,
provided that the full-day, parent-teacher conference
consists of (i) a minimum of 5 clock hours of
parent-teacher conferences, (ii) both a minimum of 2 clock
hours of parent-teacher conferences held in the evening
following a full day of student attendance, as specified in

subsection (F)(1)(c), and a minimum of 3 clock hours of
parent-teacher conferences held on the day immediately
following evening parent-teacher conferences, or (iii)
multiple parent-teacher conferences held in the evenings
following full days of student attendance, as specified in
subsection (F)(1)(c), in which the time used for the
parent-teacher conferences is equivalent to a minimum of 5
clock hours; and (2) when days in addition to those
provided in items (1) and (1.5) are scheduled by a school
pursuant to its school improvement plan adopted under
Article 34 or its revised or amended school improvement
plan adopted under Article 2, provided that (i) such
sessions of 3 or more clock hours are scheduled to occur at
regular intervals, (ii) the remainder of the school days in
which such sessions occur are utilized for in-service
training programs or other staff development activities
for teachers, and (iii) a sufficient number of minutes of
school work under the direct supervision of teachers are
added to the school days between such regularly scheduled
sessions to accumulate not less than the number of minutes
by which such sessions of 3 or more clock hours fall short
of 5 clock hours. Any full days used for the purposes of
this paragraph shall not be considered for computing
average daily attendance. Days scheduled for in-service
training programs, staff development activities, or
parent-teacher conferences may be scheduled separately for

different grade levels and different attendance centers of
the district.
(e) A session of not less than one clock hour of
teaching hospitalized or homebound pupils on-site or by
telephone to the classroom may be counted as 1/2 day of
attendance, however these pupils must receive 4 or more
clock hours of instruction to be counted for a full day of
attendance.
(f) A session of at least 4 clock hours may be counted
as a day of attendance for first grade pupils, and pupils
in full day kindergartens, and a session of 2 or more hours
may be counted as 1/2 day of attendance by pupils in
kindergartens which provide only 1/2 day of attendance.
(g) For children with disabilities who are below the
age of 6 years and who cannot attend 2 or more clock hours
because of their disability or immaturity, a session of not
less than one clock hour may be counted as 1/2 day of
attendance; however for such children whose educational
needs so require a session of 4 or more clock hours may be
counted as a full day of attendance.
(h) A recognized kindergarten which provides for only
1/2 day of attendance by each pupil shall not have more
than 1/2 day of attendance counted in any one day. However,
kindergartens may count 2 1/2 days of attendance in any 5
consecutive school days. When a pupil attends such a
kindergarten for 2 half days on any one school day, the

pupil shall have the following day as a day absent from
school, unless the school district obtains permission in
writing from the State Superintendent of Education.
Attendance at kindergartens which provide for a full day of
attendance by each pupil shall be counted the same as
attendance by first grade pupils. Only the first year of
attendance in one kindergarten shall be counted, except in
case of children who entered the kindergarten in their
fifth year whose educational development requires a second
year of kindergarten as determined under the rules and
regulations of the State Board of Education.
(i) On the days when the assessment that includes a
college and career ready determination is administered
under subsection (c) of Section 2-3.64a-5 of this Code, the
day of attendance for a pupil whose school day must be
shortened to accommodate required testing procedures may
be less than 5 clock hours and shall be counted towards the
176 days of actual pupil attendance required under Section
10-19 of this Code, provided that a sufficient number of
minutes of school work in excess of 5 clock hours are first
completed on other school days to compensate for the loss
of school work on the examination days.
(j) Pupils enrolled in a remote educational program
established under Section 10-29 of this Code may be counted
on the basis of one-fifth day of attendance for every clock
hour of instruction attended in the remote educational

program, provided that, in any month, the school district
may not claim for a student enrolled in a remote
educational program more days of attendance than the
maximum number of days of attendance the district can claim
(i) for students enrolled in a building holding year-round
classes if the student is classified as participating in
the remote educational program on a year-round schedule or
(ii) for students enrolled in a building not holding
year-round classes if the student is not classified as
participating in the remote educational program on a
year-round schedule.
(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local
Resources required pursuant to subsection (D), the State Board
of Education shall secure from the Department of Revenue the
value as equalized or assessed by the Department of Revenue of
all taxable property of every school district, together with
(i) the applicable tax rate used in extending taxes for the
funds of the district as of September 30 of the previous year
and (ii) the limiting rate for all school districts subject to
property tax extension limitations as imposed under the
Property Tax Extension Limitation Law.
The Department of Revenue shall add to the equalized
assessed value of all taxable property of each school district
situated entirely or partially within a county that is or was

subject to the provisions of Section 15-176 or 15-177 of the
Property Tax Code (a) an amount equal to the total amount by
which the homestead exemption allowed under Section 15-176 or
15-177 of the Property Tax Code for real property situated in
that school district exceeds the total amount that would have
been allowed in that school district if the maximum reduction
under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
all other counties in tax year 2003 or (ii) $5,000 in all
counties in tax year 2004 and thereafter and (b) an amount
equal to the aggregate amount for the taxable year of all
additional exemptions under Section 15-175 of the Property Tax
Code for owners with a household income of $30,000 or less. The
county clerk of any county that is or was subject to the
provisions of Section 15-176 or 15-177 of the Property Tax Code
shall annually calculate and certify to the Department of
Revenue for each school district all homestead exemption
amounts under Section 15-176 or 15-177 of the Property Tax Code
and all amounts of additional exemptions under Section 15-175
of the Property Tax Code for owners with a household income of
$30,000 or less. It is the intent of this paragraph that if the
general homestead exemption for a parcel of property is
determined under Section 15-176 or 15-177 of the Property Tax
Code rather than Section 15-175, then the calculation of
Available Local Resources shall not be affected by the
difference, if any, between the amount of the general homestead
exemption allowed for that parcel of property under Section

15-176 or 15-177 of the Property Tax Code and the amount that
would have been allowed had the general homestead exemption for
that parcel of property been determined under Section 15-175 of
the Property Tax Code. It is further the intent of this
paragraph that if additional exemptions are allowed under
Section 15-175 of the Property Tax Code for owners with a
household income of less than $30,000, then the calculation of
Available Local Resources shall not be affected by the
difference, if any, because of those additional exemptions.
This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
(2) The equalized assessed valuation in paragraph (1) shall
be adjusted, as applicable, in the following manner:
(a) For the purposes of calculating State aid under
this Section, with respect to any part of a school district
within a redevelopment project area in respect to which a
municipality has adopted tax increment allocation
financing pursuant to the Tax Increment Allocation
Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
of the Illinois Municipal Code or the Industrial Jobs
Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
Illinois Municipal Code, no part of the current equalized
assessed valuation of real property located in any such
project area which is attributable to an increase above the
total initial equalized assessed valuation of such

property shall be used as part of the equalized assessed
valuation of the district, until such time as all
redevelopment project costs have been paid, as provided in
Section 11-74.4-8 of the Tax Increment Allocation
Redevelopment Act or in Section 11-74.6-35 of the
Industrial Jobs Recovery Law. For the purpose of the
equalized assessed valuation of the district, the total
initial equalized assessed valuation or the current
equalized assessed valuation, whichever is lower, shall be
used until such time as all redevelopment project costs
have been paid.
(b) The real property equalized assessed valuation for
a school district shall be adjusted by subtracting from the
real property value as equalized or assessed by the
Department of Revenue for the district an amount computed
by dividing the amount of any abatement of taxes under
Section 18-170 of the Property Tax Code by 3.00% for a
district maintaining grades kindergarten through 12, by
2.30% for a district maintaining grades kindergarten
through 8, or by 1.05% for a district maintaining grades 9
through 12 and adjusted by an amount computed by dividing
the amount of any abatement of taxes under subsection (a)
of Section 18-165 of the Property Tax Code by the same
percentage rates for district type as specified in this
subparagraph (b).
(3) For the 1999-2000 school year and each school year

thereafter, if a school district meets all of the criteria of
this subsection (G)(3), the school district's Available Local
Resources shall be calculated under subsection (D) using the
district's Extension Limitation Equalized Assessed Valuation
as calculated under this subsection (G)(3).
For purposes of this subsection (G)(3) the following terms
shall have the following meanings:
"Budget Year": The school year for which general State
aid is calculated and awarded under subsection (E).
"Base Tax Year": The property tax levy year used to
calculate the Budget Year allocation of general State aid.
"Preceding Tax Year": The property tax levy year
immediately preceding the Base Tax Year.
"Base Tax Year's Tax Extension": The product of the
equalized assessed valuation utilized by the County Clerk
in the Base Tax Year multiplied by the limiting rate as
calculated by the County Clerk and defined in the Property
Tax Extension Limitation Law.
"Preceding Tax Year's Tax Extension": The product of
the equalized assessed valuation utilized by the County
Clerk in the Preceding Tax Year multiplied by the Operating
Tax Rate as defined in subsection (A).
"Extension Limitation Ratio": A numerical ratio,
certified by the County Clerk, in which the numerator is
the Base Tax Year's Tax Extension and the denominator is
the Preceding Tax Year's Tax Extension.

"Operating Tax Rate": The operating tax rate as defined
in subsection (A).
If a school district is subject to property tax extension
limitations as imposed under the Property Tax Extension
Limitation Law, the State Board of Education shall calculate
the Extension Limitation Equalized Assessed Valuation of that
district. For the 1999-2000 school year, the Extension
Limitation Equalized Assessed Valuation of a school district as
calculated by the State Board of Education shall be equal to
the product of the district's 1996 Equalized Assessed Valuation
and the district's Extension Limitation Ratio. Except as
otherwise provided in this paragraph for a school district that
has approved or does approve an increase in its limiting rate,
for the 2000-2001 school year and each school year thereafter,
the Extension Limitation Equalized Assessed Valuation of a
school district as calculated by the State Board of Education
shall be equal to the product of the Equalized Assessed
Valuation last used in the calculation of general State aid and
the district's Extension Limitation Ratio. If the Extension
Limitation Equalized Assessed Valuation of a school district as
calculated under this subsection (G)(3) is less than the
district's equalized assessed valuation as calculated pursuant
to subsections (G)(1) and (G)(2), then for purposes of
calculating the district's general State aid for the Budget
Year pursuant to subsection (E), that Extension Limitation
Equalized Assessed Valuation shall be utilized to calculate the

district's Available Local Resources under subsection (D). For
the 2009-2010 school year and each school year thereafter, if a
school district has approved or does approve an increase in its
limiting rate, pursuant to Section 18-190 of the Property Tax
Code, affecting the Base Tax Year, the Extension Limitation
Equalized Assessed Valuation of the school district, as
calculated by the State Board of Education, shall be equal to
the product of the Equalized Assessed Valuation last used in
the calculation of general State aid times an amount equal to
one plus the percentage increase, if any, in the Consumer Price
Index for all Urban Consumers for all items published by the
United States Department of Labor for the 12-month calendar
year preceding the Base Tax Year, plus the Equalized Assessed
Valuation of new property, annexed property, and recovered tax
increment value and minus the Equalized Assessed Valuation of
disconnected property. New property and recovered tax
increment value shall have the meanings set forth in the
Property Tax Extension Limitation Law.
Partial elementary unit districts created in accordance
with Article 11E of this Code shall not be eligible for the
adjustment in this subsection (G)(3) until the fifth year
following the effective date of the reorganization.
(3.5) For the 2010-2011 school year and each school year
thereafter, if a school district's boundaries span multiple
counties, then the Department of Revenue shall send to the
State Board of Education, for the purpose of calculating

general State aid, the limiting rate and individual rates by
purpose for the county that contains the majority of the school
district's Equalized Assessed Valuation.
(4) For the purposes of calculating general State aid for
the 1999-2000 school year only, if a school district
experienced a triennial reassessment on the equalized assessed
valuation used in calculating its general State financial aid
apportionment for the 1998-1999 school year, the State Board of
Education shall calculate the Extension Limitation Equalized
Assessed Valuation that would have been used to calculate the
district's 1998-1999 general State aid. This amount shall equal
the product of the equalized assessed valuation used to
calculate general State aid for the 1997-1998 school year and
the district's Extension Limitation Ratio. If the Extension
Limitation Equalized Assessed Valuation of the school district
as calculated under this paragraph (4) is less than the
district's equalized assessed valuation utilized in
calculating the district's 1998-1999 general State aid
allocation, then for purposes of calculating the district's
general State aid pursuant to paragraph (5) of subsection (E),
that Extension Limitation Equalized Assessed Valuation shall
be utilized to calculate the district's Available Local
Resources.
(5) For school districts having a majority of their
equalized assessed valuation in any county except Cook, DuPage,
Kane, Lake, McHenry, or Will, if the amount of general State

aid allocated to the school district for the 1999-2000 school
year under the provisions of subsection (E), (H), and (J) of
this Section is less than the amount of general State aid
allocated to the district for the 1998-1999 school year under
these subsections, then the general State aid of the district
for the 1999-2000 school year only shall be increased by the
difference between these amounts. The total payments made under
this paragraph (5) shall not exceed $14,000,000. Claims shall
be prorated if they exceed $14,000,000.
(H) Supplemental General State Aid.
(1) In addition to the general State aid a school district
is allotted pursuant to subsection (E), qualifying school
districts shall receive a grant, paid in conjunction with a
district's payments of general State aid, for supplemental
general State aid based upon the concentration level of
children from low-income households within the school
district. Supplemental State aid grants provided for school
districts under this subsection shall be appropriated for
distribution to school districts as part of the same line item
in which the general State financial aid of school districts is
appropriated under this Section.
(1.5) This paragraph (1.5) applies only to those school
years preceding the 2003-2004 school year. For purposes of this
subsection (H), the term "Low-Income Concentration Level"
shall be the low-income eligible pupil count from the most

recently available federal census divided by the Average Daily
Attendance of the school district. If, however, (i) the
percentage decrease from the 2 most recent federal censuses in
the low-income eligible pupil count of a high school district
with fewer than 400 students exceeds by 75% or more the
percentage change in the total low-income eligible pupil count
of contiguous elementary school districts, whose boundaries
are coterminous with the high school district, or (ii) a high
school district within 2 counties and serving 5 elementary
school districts, whose boundaries are coterminous with the
high school district, has a percentage decrease from the 2 most
recent federal censuses in the low-income eligible pupil count
and there is a percentage increase in the total low-income
eligible pupil count of a majority of the elementary school
districts in excess of 50% from the 2 most recent federal
censuses, then the high school district's low-income eligible
pupil count from the earlier federal census shall be the number
used as the low-income eligible pupil count for the high school
district, for purposes of this subsection (H). The changes made
to this paragraph (1) by Public Act 92-28 shall apply to
supplemental general State aid grants for school years
preceding the 2003-2004 school year that are paid in fiscal
year 1999 or thereafter and to any State aid payments made in
fiscal year 1994 through fiscal year 1998 pursuant to
subsection 1(n) of Section 18-8 of this Code (which was
repealed on July 1, 1998), and any high school district that is

affected by Public Act 92-28 is entitled to a recomputation of
its supplemental general State aid grant or State aid paid in
any of those fiscal years. This recomputation shall not be
affected by any other funding.
(1.10) This paragraph (1.10) applies to the 2003-2004
school year and each school year thereafter through the
2016-2017 school year. For purposes of this subsection (H), the
term "Low-Income Concentration Level" shall, for each fiscal
year, be the low-income eligible pupil count as of July 1 of
the immediately preceding fiscal year (as determined by the
Department of Human Services based on the number of pupils who
are eligible for at least one of the following low income
programs: Medicaid, the Children's Health Insurance Program,
TANF, or Food Stamps, excluding pupils who are eligible for
services provided by the Department of Children and Family
Services, averaged over the 2 immediately preceding fiscal
years for fiscal year 2004 and over the 3 immediately preceding
fiscal years for each fiscal year thereafter) divided by the
Average Daily Attendance of the school district.
(2) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the 1998-1999,
1999-2000, and 2000-2001 school years only:
(a) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%, the
grant for any school year shall be $800 multiplied by the
low income eligible pupil count.

(b) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%, the
grant for the 1998-1999 school year shall be $1,100
multiplied by the low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%, the
grant for the 1998-99 school year shall be $1,500
multiplied by the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of 60% or more, the grant for the
1998-99 school year shall be $1,900 multiplied by the low
income eligible pupil count.
(e) For the 1999-2000 school year, the per pupil amount
specified in subparagraphs (b), (c), and (d) immediately
above shall be increased to $1,243, $1,600, and $2,000,
respectively.
(f) For the 2000-2001 school year, the per pupil
amounts specified in subparagraphs (b), (c), and (d)
immediately above shall be $1,273, $1,640, and $2,050,
respectively.
(2.5) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the 2002-2003
school year:
(a) For any school district with a Low Income
Concentration Level of less than 10%, the grant for each
school year shall be $355 multiplied by the low income

eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 10% and less than 20%, the
grant for each school year shall be $675 multiplied by the
low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%, the
grant for each school year shall be $1,330 multiplied by
the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%, the
grant for each school year shall be $1,362 multiplied by
the low income eligible pupil count.
(e) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%, the
grant for each school year shall be $1,680 multiplied by
the low income eligible pupil count.
(f) For any school district with a Low Income
Concentration Level of 60% or more, the grant for each
school year shall be $2,080 multiplied by the low income
eligible pupil count.
(2.10) Except as otherwise provided, supplemental general
State aid pursuant to this subsection (H) shall be provided as
follows for the 2003-2004 school year and each school year
thereafter:
(a) For any school district with a Low Income

Concentration Level of 15% or less, the grant for each
school year shall be $355 multiplied by the low income
eligible pupil count.
(b) For any school district with a Low Income
Concentration Level greater than 15%, the grant for each
school year shall be $294.25 added to the product of $2,700
and the square of the Low Income Concentration Level, all
multiplied by the low income eligible pupil count.
For the 2003-2004 school year and each school year
thereafter through the 2008-2009 school year only, the grant
shall be no less than the grant for the 2002-2003 school year.
For the 2009-2010 school year only, the grant shall be no less
than the grant for the 2002-2003 school year multiplied by
0.66. For the 2010-2011 school year only, the grant shall be no
less than the grant for the 2002-2003 school year multiplied by
0.33. Notwithstanding the provisions of this paragraph to the
contrary, if for any school year supplemental general State aid
grants are prorated as provided in paragraph (1) of this
subsection (H), then the grants under this paragraph shall be
prorated.
For the 2003-2004 school year only, the grant shall be no
greater than the grant received during the 2002-2003 school
year added to the product of 0.25 multiplied by the difference
between the grant amount calculated under subsection (a) or (b)
of this paragraph (2.10), whichever is applicable, and the
grant received during the 2002-2003 school year. For the

2004-2005 school year only, the grant shall be no greater than
the grant received during the 2002-2003 school year added to
the product of 0.50 multiplied by the difference between the
grant amount calculated under subsection (a) or (b) of this
paragraph (2.10), whichever is applicable, and the grant
received during the 2002-2003 school year. For the 2005-2006
school year only, the grant shall be no greater than the grant
received during the 2002-2003 school year added to the product
of 0.75 multiplied by the difference between the grant amount
calculated under subsection (a) or (b) of this paragraph
(2.10), whichever is applicable, and the grant received during
the 2002-2003 school year.
(3) School districts with an Average Daily Attendance of
more than 1,000 and less than 50,000 that qualify for
supplemental general State aid pursuant to this subsection
shall submit a plan to the State Board of Education prior to
October 30 of each year for the use of the funds resulting from
this grant of supplemental general State aid for the
improvement of instruction in which priority is given to
meeting the education needs of disadvantaged children. Such
plan shall be submitted in accordance with rules and
regulations promulgated by the State Board of Education.
(4) School districts with an Average Daily Attendance of
50,000 or more that qualify for supplemental general State aid
pursuant to this subsection shall be required to distribute
from funds available pursuant to this Section, no less than

$261,000,000 in accordance with the following requirements:
(a) The required amounts shall be distributed to the
attendance centers within the district in proportion to the
number of pupils enrolled at each attendance center who are
eligible to receive free or reduced-price lunches or
breakfasts under the federal Child Nutrition Act of 1966
and under the National School Lunch Act during the
immediately preceding school year.
(b) The distribution of these portions of supplemental
and general State aid among attendance centers according to
these requirements shall not be compensated for or
contravened by adjustments of the total of other funds
appropriated to any attendance centers, and the Board of
Education shall utilize funding from one or several sources
in order to fully implement this provision annually prior
to the opening of school.
(c) Each attendance center shall be provided by the
school district a distribution of noncategorical funds and
other categorical funds to which an attendance center is
entitled under law in order that the general State aid and
supplemental general State aid provided by application of
this subsection supplements rather than supplants the
noncategorical funds and other categorical funds provided
by the school district to the attendance centers.
(d) Any funds made available under this subsection that
by reason of the provisions of this subsection are not

required to be allocated and provided to attendance centers
may be used and appropriated by the board of the district
for any lawful school purpose.
(e) Funds received by an attendance center pursuant to
this subsection shall be used by the attendance center at
the discretion of the principal and local school council
for programs to improve educational opportunities at
qualifying schools through the following programs and
services: early childhood education, reduced class size or
improved adult to student classroom ratio, enrichment
programs, remedial assistance, attendance improvement, and
other educationally beneficial expenditures which
supplement the regular and basic programs as determined by
the State Board of Education. Funds provided shall not be
expended for any political or lobbying purposes as defined
by board rule.
(f) Each district subject to the provisions of this
subdivision (H)(4) shall submit an acceptable plan to meet
the educational needs of disadvantaged children, in
compliance with the requirements of this paragraph, to the
State Board of Education prior to July 15 of each year.
This plan shall be consistent with the decisions of local
school councils concerning the school expenditure plans
developed in accordance with part 4 of Section 34-2.3. The
State Board shall approve or reject the plan within 60 days
after its submission. If the plan is rejected, the district

shall give written notice of intent to modify the plan
within 15 days of the notification of rejection and then
submit a modified plan within 30 days after the date of the
written notice of intent to modify. Districts may amend
approved plans pursuant to rules promulgated by the State
Board of Education.
Upon notification by the State Board of Education that
the district has not submitted a plan prior to July 15 or a
modified plan within the time period specified herein, the
State aid funds affected by that plan or modified plan
shall be withheld by the State Board of Education until a
plan or modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan, the
plan for the following year shall allocate funds, in
addition to the funds otherwise required by this
subsection, to those attendance centers which were
underfunded during the previous year in amounts equal to
such underfunding.
For purposes of determining compliance with this
subsection in relation to the requirements of attendance
center funding, each district subject to the provisions of
this subsection shall submit as a separate document by
December 1 of each year a report of expenditure data for
the prior year in addition to any modification of its
current plan. If it is determined that there has been a

failure to comply with the expenditure provisions of this
subsection regarding contravention or supplanting, the
State Superintendent of Education shall, within 60 days of
receipt of the report, notify the district and any affected
local school council. The district shall within 45 days of
receipt of that notification inform the State
Superintendent of Education of the remedial or corrective
action to be taken, whether by amendment of the current
plan, if feasible, or by adjustment in the plan for the
following year. Failure to provide the expenditure report
or the notification of remedial or corrective action in a
timely manner shall result in a withholding of the affected
funds.
The State Board of Education shall promulgate rules and
regulations to implement the provisions of this
subsection. No funds shall be released under this
subdivision (H)(4) to any district that has not submitted a
plan that has been approved by the State Board of
Education.
(I) (Blank).
(J) (Blank).
(K) Grants to Laboratory and Alternative Schools.
In calculating the amount to be paid to the governing board

of a public university that operates a laboratory school under
this Section or to any alternative school that is operated by a
regional superintendent of schools, the State Board of
Education shall require by rule such reporting requirements as
it deems necessary.
As used in this Section, "laboratory school" means a public
school which is created and operated by a public university and
approved by the State Board of Education. The governing board
of a public university which receives funds from the State
Board under this subsection (K) or subsection (g) of Section
18-8.15 of this Code may not increase the number of students
enrolled in its laboratory school from a single district, if
that district is already sending 50 or more students, except
under a mutual agreement between the school board of a
student's district of residence and the university which
operates the laboratory school. A laboratory school may not
have more than 1,000 students, excluding students with
disabilities in a special education program.
As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training. A regional superintendent of schools may contract

with a school district or a public community college district
to operate an alternative school. An alternative school serving
more than one educational service region may be established by
the regional superintendents of schools of the affected
educational service regions. An alternative school serving
more than one educational service region may be operated under
such terms as the regional superintendents of schools of those
educational service regions may agree.
Each laboratory and alternative school shall file, on forms
provided by the State Superintendent of Education, an annual
State aid claim which states the Average Daily Attendance of
the school's students by month. The best 3 months' Average
Daily Attendance shall be computed for each school. The general
State aid entitlement shall be computed by multiplying the
applicable Average Daily Attendance by the Foundation Level as
determined under this Section.
(L) Payments, Additional Grants in Aid and Other Requirements.
(1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
general State aid otherwise payable to that district under this
Section, but not the supplemental general State aid, shall be
reduced by an amount equal to the budget for the operations of
the Authority as certified by the Authority to the State Board
of Education, and an amount equal to such reduction shall be
paid to the Authority created for such district for its

operating expenses in the manner provided in Section 18-11. The
remainder of general State school aid for any such district
shall be paid in accordance with Article 34A when that Article
provides for a disposition other than that provided by this
Article.
(2) (Blank).
(3) Summer school. Summer school payments shall be made as
provided in Section 18-4.3.
(M) (Blank).
(N) (Blank).
(O) References.
(1) References in other laws to the various subdivisions of
Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to refer to
the corresponding provisions of this Section 18-8.05, to the
extent that those references remain applicable.
(2) References in other laws to State Chapter 1 funds shall
be deemed to refer to the supplemental general State aid
provided under subsection (H) of this Section.
(P) Public Act 93-838 and Public Act 93-808 make inconsistent
changes to this Section. Under Section 6 of the Statute on
Statutes there is an irreconcilable conflict between Public Act

93-808 and Public Act 93-838. Public Act 93-838, being the last
acted upon, is controlling. The text of Public Act 93-838 is
the law regardless of the text of Public Act 93-808.
(Q) State Fiscal Year 2015 Payments.
For payments made for State fiscal year 2015, the State
Board of Education shall, for each school district, calculate
that district's pro-rata share of a minimum sum of $13,600,000
or additional amounts as needed from the total net General
State Aid funding as calculated under this Section that shall
be deemed attributable to the provision of special educational
facilities and services, as defined in Section 14-1.08 of this
Code, in a manner that ensures compliance with maintenance of
State financial support requirements under the federal
Individuals with Disabilities Education Act. Each school
district must use such funds only for the provision of special
educational facilities and services, as defined in Section
14-1.08 of this Code, and must comply with any expenditure
verification procedures adopted by the State Board of
Education.
(R) State Fiscal Year 2016 Payments.
For payments made for State fiscal year 2016, the State
Board of Education shall, for each school district, calculate
that district's pro rata share of a minimum sum of $1 or
additional amounts as needed from the total net General State

Aid funding as calculated under this Section that shall be
deemed attributable to the provision of special educational
facilities and services, as defined in Section 14-1.08 of this
Code, in a manner that ensures compliance with maintenance of
State financial support requirements under the federal
Individuals with Disabilities Education Act. Each school
district must use such funds only for the provision of special
educational facilities and services, as defined in Section
14-1.08 of this Code, and must comply with any expenditure
verification procedures adopted by the State Board of
Education.
(S) State Fiscal Year 2017 Payments.
For payments made for State fiscal year 2017, the State
Board of Education shall, for each school district, calculate
that district's pro rata share of a minimum sum of $1 or
additional amounts as needed from the total net General State
Aid funding as calculated under this Section that shall be
deemed attributable to the provision of special educational
facilities and services, as defined in Section 14-1.08 of this
Code, in a manner that ensures compliance with maintenance of
State financial support requirements under the federal
Individuals with Disabilities Education Act. Each school
district must use such funds only for the provision of special
educational facilities and services, as defined in Section
14-1.08 of this Code, and must comply with any expenditure

verification procedures adopted by the State Board of
Education.
(T) State Fiscal Year 2018 Payments.
For payments made for State fiscal year 2018, the State
Board of Education shall, for each school district, calculate
that district's pro rata share of a minimum sum of $1 or
additional amounts as needed from the total net evidence-based
funding as calculated under Section 18-8.15 of this Code that
shall be deemed attributable to the provision of special
educational facilities and services, as defined in Section
14-1.08 of this Code, in a manner that ensures compliance with
maintenance of State financial support requirements under the
federal Individuals with Disabilities Education Act. Each
school district must use such funds only for the provision of
special educational facilities and services, as defined in
Section 14-1.08 of this Code, and must comply with any
expenditure verification procedures adopted by the State Board
of Education.
(Source: P.A. 99-2, eff. 3-26-15; 99-194, eff. 7-30-15; 99-523,
eff. 6-30-16; 100-23, eff. 7-6-17; 100-147, eff. 1-1-18;
100-465, eff. 8-31-17; revised 9-25-17.)
(105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
Sec. 18-12. Dates for filing State aid claims. The school
board of each school district, a regional office of education,

a laboratory school, or a State-authorized charter school shall
require teachers, principals, or superintendents to furnish
from records kept by them such data as it needs in preparing
and certifying to the State Superintendent of Education its
report of claims provided in Section 18-8.05 or 18-8.15 of this
Code. The claim shall be based on the latest available
equalized assessed valuation and tax rates, as provided in
Section 18-8.05 or 18-8.15, shall use the average daily
attendance as determined by the method outlined in Section
18-8.05 or 18-8.15, and shall be certified and filed with the
State Superintendent of Education by June 21 for districts and
State-authorized charter schools with an official school
calendar end date before June 15 or within 2 weeks following
the official school calendar end date for districts, regional
offices of education, laboratory schools, or State-authorized
charter schools with a school year end date of June 15 or
later. Failure to so file by these deadlines constitutes a
forfeiture of the right to receive payment by the State until
such claim is filed. The State Superintendent of Education
shall voucher for payment those claims to the State Comptroller
as provided in Section 18-11.
Except as otherwise provided in this Section, if any school
district fails to provide the minimum school term specified in
Section 10-19, the State aid claim for that year shall be
reduced by the State Superintendent of Education in an amount
equivalent to 1/176 or .56818% for each day less than the

number of days required by this Code.
If the State Superintendent of Education determines that
the failure to provide the minimum school term was occasioned
by an act or acts of God, or was occasioned by conditions
beyond the control of the school district which posed a
hazardous threat to the health and safety of pupils, the State
aid claim need not be reduced.
If a school district is precluded from providing the
minimum hours of instruction required for a full day of
attendance due to (A) an adverse weather condition, (B) a
condition beyond the control of the school district that poses
a hazardous threat to the health and safety of students, or (C)
beginning with the 2016-2017 school year, the utilization of
the school district's facilities for not more than 2 school
days per school year by local or county authorities for the
purpose of holding a memorial or funeral services in
remembrance of a community member, then the partial day of
attendance may be counted if (i) the school district has
provided at least one hour of instruction prior to the closure
of the school district, (ii) a school building has provided at
least one hour of instruction prior to the closure of the
school building, or (iii) the normal start time of the school
district is delayed.
If, prior to providing any instruction, a school district
must close one or more but not all school buildings after
consultation with a local emergency response agency or due to a

condition beyond the control of the school district, then the
school district may claim attendance for up to 2 school days
based on the average attendance of the 3 school days
immediately preceding the closure of the affected school
building or, if approved by the State Board of Education,
utilize the provisions of an e-learning program for the
affected school building as prescribed in Section 10-20.56 of
this Code. The partial or no day of attendance described in
this Section and the reasons therefore shall be certified
within a month of the closing or delayed start by the school
district superintendent to the regional superintendent of
schools for forwarding to the State Superintendent of Education
for approval.
Other than the utilization of any e-learning days as
prescribed in Section 10-20.56 of this Code, no exception to
the requirement of providing a minimum school term may be
approved by the State Superintendent of Education pursuant to
this Section unless a school district has first used all
emergency days provided for in its regular calendar.
If the State Superintendent of Education declares that an
energy shortage exists during any part of the school year for
the State or a designated portion of the State, a district may
operate the school attendance centers within the district 4
days of the week during the time of the shortage by extending
each existing school day by one clock hour of school work, and
the State aid claim shall not be reduced, nor shall the

employees of that district suffer any reduction in salary or
benefits as a result thereof. A district may operate all
attendance centers on this revised schedule, or may apply the
schedule to selected attendance centers, taking into
consideration such factors as pupil transportation schedules
and patterns and sources of energy for individual attendance
centers.
Electronically submitted State aid claims shall be
submitted by duly authorized district individuals over a secure
network that is password protected. The electronic submission
of a State aid claim must be accompanied with an affirmation
that all of the provisions of Section Sections 18-8.05 or
18-8.15 and Sections , 10-22.5, and 24-4 of this Code are met in
all respects.
(Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16;
100-28, eff. 8-4-17; 100-465, eff. 8-31-17; revised 9-25-17.)
(105 ILCS 5/19-1)
(Text of Section before amendment by P.A. 100-503)
Sec. 19-1. Debt limitations of school districts.
(a) School districts shall not be subject to the provisions
limiting their indebtedness prescribed in the Local Government
Debt Limitation Act.
No school districts maintaining grades K through 8 or 9
through 12 shall become indebted in any manner or for any
purpose to an amount, including existing indebtedness, in the

aggregate exceeding 6.9% on the value of the taxable property
therein to be ascertained by the last assessment for State and
county taxes or, until January 1, 1983, if greater, the sum
that is produced by multiplying the school district's 1978
equalized assessed valuation by the debt limitation percentage
in effect on January 1, 1979, previous to the incurring of such
indebtedness.
No school districts maintaining grades K through 12 shall
become indebted in any manner or for any purpose to an amount,
including existing indebtedness, in the aggregate exceeding
13.8% on the value of the taxable property therein to be
ascertained by the last assessment for State and county taxes
or, until January 1, 1983, if greater, the sum that is produced
by multiplying the school district's 1978 equalized assessed
valuation by the debt limitation percentage in effect on
January 1, 1979, previous to the incurring of such
indebtedness.
No partial elementary unit district, as defined in Article
11E of this Code, shall become indebted in any manner or for
any purpose in an amount, including existing indebtedness, in
the aggregate exceeding 6.9% of the value of the taxable
property of the entire district, to be ascertained by the last
assessment for State and county taxes, plus an amount,
including existing indebtedness, in the aggregate exceeding
6.9% of the value of the taxable property of that portion of
the district included in the elementary and high school

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

subsection (a) of this Section, additional indebtedness may be
incurred in an amount not to exceed the estimated cost of
acquiring or improving school sites or constructing and
equipping additional building facilities under the following
conditions:
(1) Whenever the enrollment of students for the next
school year is estimated by the board of education to
increase over the actual present enrollment by not less
than 35% or by not less than 200 students or the actual
present enrollment of students has increased over the
previous school year by not less than 35% or by not less
than 200 students and the board of education determines
that additional school sites or building facilities are
required as a result of such increase in enrollment; and
(2) When the Regional Superintendent of Schools having
jurisdiction over the school district and the State
Superintendent of Education concur in such enrollment
projection or increase and approve the need for such
additional school sites or building facilities and the
estimated cost thereof; and
(3) When the voters in the school district approve a
proposition for the issuance of bonds for the purpose of
acquiring or improving such needed school sites or
constructing and equipping such needed additional building
facilities at an election called and held for that purpose.
Notice of such an election shall state that the amount of

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

facilities, the school district may issue bonds for this
purpose.
In no event shall the indebtedness incurred pursuant to
this subsection (b) and the existing indebtedness of the school
district exceed 15% of the value of the taxable property
therein to be ascertained by the last assessment for State and
county taxes, previous to the incurring of such indebtedness
or, until January 1, 1983, if greater, the sum that is produced
by multiplying the school district's 1978 equalized assessed
valuation by the debt limitation percentage in effect on
January 1, 1979.
The indebtedness provided for by this subsection (b) shall
be in addition to and in excess of any other debt limitation.
(c) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, in any case in which a public
question for the issuance of bonds of a proposed school
district maintaining grades kindergarten through 12 received
at least 60% of the valid ballots cast on the question at an
election held on or prior to November 8, 1994, and in which the
bonds approved at such election have not been issued, the
school district pursuant to the requirements of Section 11A-10
(now repealed) may issue the total amount of bonds approved at
such election for the purpose stated in the question.
(d) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, a school district that meets
all the criteria set forth in paragraphs (1) and (2) of this

subsection (d) may incur an additional indebtedness in an
amount not to exceed $4,500,000, even though the amount of the
additional indebtedness authorized by this subsection (d),
when incurred and added to the aggregate amount of indebtedness
of the district existing immediately prior to the district
incurring the additional indebtedness authorized by this
subsection (d), causes the aggregate indebtedness of the
district to exceed the debt limitation otherwise applicable to
that district under subsection (a):
(1) The additional indebtedness authorized by this
subsection (d) is incurred by the school district through
the issuance of bonds under and in accordance with Section
17-2.11a for the purpose of replacing a school building
which, because of mine subsidence damage, has been closed
as provided in paragraph (2) of this subsection (d) or
through the issuance of bonds under and in accordance with
Section 19-3 for the purpose of increasing the size of, or
providing for additional functions in, such replacement
school buildings, or both such purposes.
(2) The bonds issued by the school district as provided
in paragraph (1) above are issued for the purposes of
construction by the school district of a new school
building pursuant to Section 17-2.11, to replace an
existing school building that, because of mine subsidence
damage, is closed as of the end of the 1992-93 school year
pursuant to action of the regional superintendent of

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

the result of improvements made or expected to be made to
passenger rail facilities located in the school district.
Notwithstanding the provisions of subsection (a) of this
Section or of any other law, a school district that has availed
itself of the provisions of this subsection (f) prior to July
22, 2004 (the effective date of Public Act 93-799) may also
issue bonds approved by referendum up to an amount, including
existing indebtedness, not exceeding 25% of the equalized
assessed value of the taxable property in the district if all
of the conditions set forth in items (1), (2), and (3) of this
subsection (f) are met.
(g) Notwithstanding the provisions of subsection (a) of
this Section or any other law, bonds in not to exceed an
aggregate amount of 25% of the equalized assessed value of the
taxable property of a school district and issued by a school
district meeting the criteria in paragraphs (i) through (iv) of
this subsection shall not be considered indebtedness for
purposes of any statutory limitation and may be issued pursuant
to resolution of the school board in an amount or amounts,
including existing indebtedness, in excess of any statutory
limitation of indebtedness heretofore or hereafter imposed:
(i) The bonds are issued for the purpose of
constructing a new high school building to replace two
adjacent existing buildings which together house a single
high school, each of which is more than 65 years old, and
which together are located on more than 10 acres and less

than 11 acres of property.
(ii) At the time the resolution authorizing the
issuance of the bonds is adopted, the cost of constructing
a new school building to replace the existing school
building is less than 60% of the cost of repairing the
existing school building.
(iii) The sale of the bonds occurs before July 1, 1997.
(iv) The school district issuing the bonds is a unit
school district located in a county of less than 70,000 and
more than 50,000 inhabitants, which has an average daily
attendance of less than 1,500 and an equalized assessed
valuation of less than $29,000,000.
(h) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1998, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 27.6% of the equalized assessed
value of the taxable property in the district, if all of the
following conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 of less than $24,000,000;
(ii) The bonds are issued for the capital improvement,
renovation, rehabilitation, or replacement of existing
school buildings of the district, all of which buildings
were originally constructed not less than 40 years ago;
(iii) The voters of the district approve a proposition

for the issuance of the bonds at a referendum held after
March 19, 1996; and
(iv) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(i) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1998, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 27% of the equalized assessed value
of the taxable property in the district, if all of the
following conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 of less than $44,600,000;
(ii) The bonds are issued for the capital improvement,
renovation, rehabilitation, or replacement of existing
school buildings of the district, all of which existing
buildings were originally constructed not less than 80
years ago;
(iii) The voters of the district approve a proposition
for the issuance of the bonds at a referendum held after
December 31, 1996; and
(iv) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(j) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1999, a
community unit school district maintaining grades K through 12

may issue bonds up to an amount, including existing
indebtedness, not exceeding 27% of the equalized assessed value
of the taxable property in the district if all of the following
conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 of less than $140,000,000
and a best 3 months average daily attendance for the
1995-96 school year of at least 2,800;
(ii) The bonds are issued to purchase a site and build
and equip a new high school, and the school district's
existing high school was originally constructed not less
than 35 years prior to the sale of the bonds;
(iii) At the time of the sale of the bonds, the board
of education determines by resolution that a new high
school is needed because of projected enrollment
increases;
(iv) At least 60% of those voting in an election held
after December 31, 1996 approve a proposition for the
issuance of the bonds; and
(v) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(k) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, a school district that meets
all the criteria set forth in paragraphs (1) through (4) of
this subsection (k) may issue bonds to incur an additional
indebtedness in an amount not to exceed $4,000,000 even though

the amount of the additional indebtedness authorized by this
subsection (k), when incurred and added to the aggregate amount
of indebtedness of the school district existing immediately
prior to the school district incurring such additional
indebtedness, causes the aggregate indebtedness of the school
district to exceed or increases the amount by which the
aggregate indebtedness of the district already exceeds the debt
limitation otherwise applicable to that school district under
subsection (a):
(1) the school district is located in 2 counties, and a
referendum to authorize the additional indebtedness was
approved by a majority of the voters of the school district
voting on the proposition to authorize that indebtedness;
(2) the additional indebtedness is for the purpose of
financing a multi-purpose room addition to the existing
high school;
(3) the additional indebtedness, together with the
existing indebtedness of the school district, shall not
exceed 17.4% of the value of the taxable property in the
school district, to be ascertained by the last assessment
for State and county taxes; and
(4) the bonds evidencing the additional indebtedness
are issued, if at all, within 120 days of August 14, 1998
(the effective date of Public Act 90-757).
(l) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 2000, a

school district maintaining grades kindergarten through 8 may
issue bonds up to an amount, including existing indebtedness,
not exceeding 15% of the equalized assessed value of the
taxable property in the district if all of the following
conditions are met:
(i) the district has an equalized assessed valuation
for calendar year 1996 of less than $10,000,000;
(ii) the bonds are issued for capital improvement,
renovation, rehabilitation, or replacement of one or more
school buildings of the district, which buildings were
originally constructed not less than 70 years ago;
(iii) the voters of the district approve a proposition
for the issuance of the bonds at a referendum held on or
after March 17, 1998; and
(iv) the bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(m) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1999, an
elementary school district maintaining grades K through 8 may
issue bonds up to an amount, excluding existing indebtedness,
not exceeding 18% of the equalized assessed value of the
taxable property in the district, if all of the following
conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 or less than $7,700,000;
(ii) The school district operates 2 elementary

attendance centers that until 1976 were operated as the
attendance centers of 2 separate and distinct school
districts;
(iii) The bonds are issued for the construction of a
new elementary school building to replace an existing
multi-level elementary school building of the school
district that is not accessible at all levels and parts of
which were constructed more than 75 years ago;
(iv) The voters of the school district approve a
proposition for the issuance of the bonds at a referendum
held after July 1, 1998; and
(v) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(n) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section or any other provisions of this
Section or of any other law, a school district that meets all
of the criteria set forth in paragraphs (i) through (vi) of
this subsection (n) may incur additional indebtedness by the
issuance of bonds in an amount not exceeding the amount
certified by the Capital Development Board to the school
district as provided in paragraph (iii) of this subsection (n),
even though the amount of the additional indebtedness so
authorized, when incurred and added to the aggregate amount of
indebtedness of the district existing immediately prior to the
district incurring the additional indebtedness authorized by
this subsection (n), causes the aggregate indebtedness of the

district to exceed the debt limitation otherwise applicable by
law to that district:
(i) The school district applies to the State Board of
Education for a school construction project grant and
submits a district facilities plan in support of its
application pursuant to Section 5-20 of the School
Construction Law.
(ii) The school district's application and facilities
plan are approved by, and the district receives a grant
entitlement for a school construction project issued by,
the State Board of Education under the School Construction
Law.
(iii) The school district has exhausted its bonding
capacity or the unused bonding capacity of the district is
less than the amount certified by the Capital Development
Board to the district under Section 5-15 of the School
Construction Law as the dollar amount of the school
construction project's cost that the district will be
required to finance with non-grant funds in order to
receive a school construction project grant under the
School Construction Law.
(iv) The bonds are issued for a "school construction
project", as that term is defined in Section 5-5 of the
School Construction Law, in an amount that does not exceed
the dollar amount certified, as provided in paragraph (iii)
of this subsection (n), by the Capital Development Board to

the school district under Section 5-15 of the School
Construction Law.
(v) The voters of the district approve a proposition
for the issuance of the bonds at a referendum held after
the criteria specified in paragraphs (i) and (iii) of this
subsection (n) are met.
(vi) The bonds are issued pursuant to Sections 19-2
through 19-7 of the School Code.
(o) Notwithstanding any other provisions of this Section or
the provisions of any other law, until November 1, 2007, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 20% of the equalized assessed value
of the taxable property in the district if all of the following
conditions are met:
(i) the school district has an equalized assessed
valuation for calendar year 2001 of at least $737,000,000
and an enrollment for the 2002-2003 school year of at least
8,500;
(ii) the bonds are issued to purchase school sites,
build and equip a new high school, build and equip a new
junior high school, build and equip 5 new elementary
schools, and make technology and other improvements and
additions to existing schools;
(iii) at the time of the sale of the bonds, the board
of education determines by resolution that the sites and

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

through 19-7 of this Code.
(p-5) Notwithstanding any other provisions of this Section
or the provisions of any other law, bonds issued by a community
unit school district maintaining grades K through 12 shall not
be considered indebtedness for purposes of any statutory
limitation and may be issued in an amount or amounts, including
existing indebtedness, in excess of any heretofore or hereafter
imposed statutory limitation as to indebtedness, if all of the
following conditions are met:
(i) For each of the 4 most recent years, residential
property comprises more than 80% of the equalized assessed
valuation of the district.
(ii) At least 2 school buildings that were constructed
40 or more years prior to the issuance of the bonds will be
demolished and will be replaced by new buildings or
additions to one or more existing buildings.
(iii) Voters of the district approve a proposition for
the issuance of the bonds at a regularly scheduled
election.
(iv) At the time of the sale of the bonds, the school
board determines by resolution that the new buildings or
building additions are needed because of an increase in
enrollment projected by the school board.
(v) The principal amount of the bonds, including
existing indebtedness, does not exceed 25% of the equalized
assessed value of the taxable property in the district.

(vi) The bonds are issued prior to January 1, 2007,
pursuant to Sections 19-2 through 19-7 of this Code.
(p-10) Notwithstanding any other provisions of this
Section or the provisions of any other law, bonds issued by a
community consolidated school district maintaining grades K
through 8 shall not be considered indebtedness for purposes of
any statutory limitation and may be issued in an amount or
amounts, including existing indebtedness, in excess of any
heretofore or hereafter imposed statutory limitation as to
indebtedness, if all of the following conditions are met:
(i) For each of the 4 most recent years, residential
and farm property comprises more than 80% of the equalized
assessed valuation of the district.
(ii) The bond proceeds are to be used to acquire and
improve school sites and build and equip a school building.
(iii) Voters of the district approve a proposition for
the issuance of the bonds at a regularly scheduled
election.
(iv) At the time of the sale of the bonds, the school
board determines by resolution that the school sites and
building additions are needed because of an increase in
enrollment projected by the school board.
(v) The principal amount of the bonds, including
existing indebtedness, does not exceed 20% of the equalized
assessed value of the taxable property in the district.
(vi) The bonds are issued prior to January 1, 2007,

pursuant to Sections 19-2 through 19-7 of this Code.
(p-15) In addition to all other authority to issue bonds,
the Oswego Community Unit School District Number 308 may issue
bonds with an aggregate principal amount not to exceed
$450,000,000, but only if all of the following conditions are
met:
(i) The voters of the district have approved a
proposition for the bond issue at the general election held
on November 7, 2006.
(ii) At the time of the sale of the bonds, the school
board determines, by resolution, that: (A) the building and
equipping of the new high school building, new junior high
school buildings, new elementary school buildings, early
childhood building, maintenance building, transportation
facility, and additions to existing school buildings, the
altering, repairing, equipping, and provision of
technology improvements to existing school buildings, and
the acquisition and improvement of school sites, as the
case may be, are required as a result of a projected
increase in the enrollment of students in the district; and
(B) the sale of bonds for these purposes is authorized by
legislation that exempts the debt incurred on the bonds
from the district's statutory debt limitation.
(iii) The bonds are issued, in one or more bond issues,
on or before November 7, 2011, but the aggregate principal
amount issued in all such bond issues combined must not

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

statutory debt limitation.
(iii) The bonds are issued, in one or more bond issues,
on or before March 21, 2011, but the aggregate principal
amount issued in all such bond issues combined must not
exceed $225,000,000.
(iv) The bonds are issued in accordance with this
Article 19.
(v) The proceeds of the bonds are used only to
accomplish those projects approved by the voters at the
primary election held on March 21, 2006.
The debt incurred on any bonds issued under this subsection
(p-20) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-25) In addition to all other authority to issue bonds,
Rochester Community Unit School District 3A may issue bonds
with an aggregate principal amount not to exceed $18,500,000,
but only if all of the following conditions are met:
(i) The voters of the district approve a proposition
for the bond issuance at the general primary election held
in 2008.
(ii) At the time of the sale of the bonds, the school
board determines, by resolution, that: (A) the building and
equipping of a new high school building; the addition of
classrooms and support facilities at the high school,
middle school, and elementary school; the altering,
repairing, and equipping of existing school buildings; and

the improvement of school sites, as the case may be, are
required as a result of a projected increase in the
enrollment of students in the district; and (B) the sale of
bonds for these purposes is authorized by a law that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.
(iii) The bonds are issued, in one or more bond issues,
on or before December 31, 2012, but the aggregate principal
amount issued in all such bond issues combined must not
exceed $18,500,000.
(iv) The bonds are issued in accordance with this
Article 19.
(v) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at the primary
election held in 2008.
The debt incurred on any bonds issued under this subsection
(p-25) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-30) In addition to all other authority to issue bonds,
Prairie Grove Consolidated School District 46 may issue bonds
with an aggregate principal amount not to exceed $30,000,000,
but only if all of the following conditions are met:
(i) The voters of the district approve a proposition
for the bond issuance at an election held in 2008.
(ii) At the time of the sale of the bonds, the school
board determines, by resolution, that (A) the building and

equipping of a new school building and additions to
existing school buildings are required as a result of a
projected increase in the enrollment of students in the
district and (B) the altering, repairing, and equipping of
existing school buildings are required because of the age
of the existing school buildings.
(iii) The bonds are issued, in one or more bond
issuances, on or before December 31, 2012; however, the
aggregate principal amount issued in all such bond
issuances combined must not exceed $30,000,000.
(iv) The bonds are issued in accordance with this
Article.
(v) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held in 2008.
The debt incurred on any bonds issued under this subsection
(p-30) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-35) In addition to all other authority to issue bonds,
Prairie Hill Community Consolidated School District 133 may
issue bonds with an aggregate principal amount not to exceed
$13,900,000, but only if all of the following conditions are
met:
(i) The voters of the district approved a proposition
for the bond issuance at an election held on April 17,
2007.

(ii) At the time of the sale of the bonds, the school
board determines, by resolution, that (A) the improvement
of the site of and the building and equipping of a school
building are required as a result of a projected increase
in the enrollment of students in the district and (B) the
repairing and equipping of the Prairie Hill Elementary
School building is required because of the age of that
school building.
(iii) The bonds are issued, in one or more bond
issuances, on or before December 31, 2011, but the
aggregate principal amount issued in all such bond
issuances combined must not exceed $13,900,000.
(iv) The bonds are issued in accordance with this
Article.
(v) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on April 17, 2007.
The debt incurred on any bonds issued under this subsection
(p-35) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-40) In addition to all other authority to issue bonds,
Mascoutah Community Unit District 19 may issue bonds with an
aggregate principal amount not to exceed $55,000,000, but only
if all of the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at a regular election held on or

after November 4, 2008.
(2) At the time of the sale of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new high school building is required as a
result of a projected increase in the enrollment of
students in the district and the age and condition of the
existing high school building, (ii) the existing high
school building will be demolished, and (iii) the sale of
bonds is authorized by statute that exempts the debt
incurred on the bonds from the district's statutory debt
limitation.
(3) The bonds are issued, in one or more bond
issuances, on or before December 31, 2011, but the
aggregate principal amount issued in all such bond
issuances combined must not exceed $55,000,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at a regular
election held on or after November 4, 2008.
The debt incurred on any bonds issued under this subsection
(p-40) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-45) Notwithstanding the provisions of subsection (a) of
this Section or of any other law, bonds issued pursuant to
Section 19-3.5 of this Code shall not be considered

indebtedness for purposes of any statutory limitation if the
bonds are issued in an amount or amounts, including existing
indebtedness of the school district, not in excess of 18.5% of
the value of the taxable property in the district to be
ascertained by the last assessment for State and county taxes.
(p-50) Notwithstanding the provisions of subsection (a) of
this Section or of any other law, bonds issued pursuant to
Section 19-3.10 of this Code shall not be considered
indebtedness for purposes of any statutory limitation if the
bonds are issued in an amount or amounts, including existing
indebtedness of the school district, not in excess of 43% of
the value of the taxable property in the district to be
ascertained by the last assessment for State and county taxes.
(p-55) In addition to all other authority to issue bonds,
Belle Valley School District 119 may issue bonds with an
aggregate principal amount not to exceed $47,500,000, but only
if all of the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after April
7, 2009.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new school building is required as a result
of mine subsidence in an existing school building and
because of the age and condition of another existing school
building and (ii) the issuance of bonds is authorized by

statute that exempts the debt incurred on the bonds from
the district's statutory debt limitation.
(3) The bonds are issued, in one or more bond
issuances, on or before March 31, 2014, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $47,500,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after April 7, 2009.
The debt incurred on any bonds issued under this subsection
(p-55) shall not be considered indebtedness for purposes of any
statutory debt limitation. Bonds issued under this subsection
(p-55) must mature within not to exceed 30 years from their
date, notwithstanding any other law to the contrary.
(p-60) In addition to all other authority to issue bonds,
Wilmington Community Unit School District Number 209-U may
issue bonds with an aggregate principal amount not to exceed
$2,285,000, but only if all of the following conditions are
met:
(1) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at the general
primary election held on March 21, 2006.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the projects

approved by the voters were and are required because of the
age and condition of the school district's prior and
existing school buildings and (ii) the issuance of the
bonds is authorized by legislation that exempts the debt
incurred on the bonds from the district's statutory debt
limitation.
(3) The bonds are issued in one or more bond issuances
on or before March 1, 2011, but the aggregate principal
amount issued in all those bond issuances combined must not
exceed $2,285,000.
(4) The bonds are issued in accordance with this
Article.
The debt incurred on any bonds issued under this subsection
(p-60) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-65) In addition to all other authority to issue bonds,
West Washington County Community Unit School District 10 may
issue bonds with an aggregate principal amount not to exceed
$32,200,000 and maturing over a period not exceeding 25 years,
but only if all of the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after
February 2, 2010.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (A) all or a portion
of the existing Okawville Junior/Senior High School

Building will be demolished; (B) the building and equipping
of a new school building to be attached to and the
alteration, repair, and equipping of the remaining portion
of the Okawville Junior/Senior High School Building is
required because of the age and current condition of that
school building; and (C) the issuance of bonds is
authorized by a statute that exempts the debt incurred on
the bonds from the district's statutory debt limitation.
(3) The bonds are issued, in one or more bond
issuances, on or before March 31, 2014, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $32,200,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after February 2, 2010.
The debt incurred on any bonds issued under this subsection
(p-65) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-70) In addition to all other authority to issue bonds,
Cahokia Community Unit School District 187 may issue bonds with
an aggregate principal amount not to exceed $50,000,000, but
only if all the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after

November 2, 2010.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new school building is required as a result
of the age and condition of an existing school building and
(ii) the issuance of bonds is authorized by a statute that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.
(3) The bonds are issued, in one or more issuances, on
or before July 1, 2016, but the aggregate principal amount
issued in all such bond issuances combined must not exceed
$50,000,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after November 2, 2010.
The debt incurred on any bonds issued under this subsection
(p-70) shall not be considered indebtedness for purposes of any
statutory debt limitation. Bonds issued under this subsection
(p-70) must mature within not to exceed 25 years from their
date, notwithstanding any other law, including Section 19-3 of
this Code, to the contrary.
(p-75) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section or any other provisions of this
Section or of any other law, the execution of leases on or

after January 1, 2007 and before July 1, 2011 by the Board of
Education of Peoria School District 150 with a public building
commission for leases entered into pursuant to the Public
Building Commission Act shall not be considered indebtedness
for purposes of any statutory debt limitation.
This subsection (p-75) applies only if the State Board of
Education or the Capital Development Board makes one or more
grants to Peoria School District 150 pursuant to the School
Construction Law. The amount exempted from the debt limitation
as prescribed in this subsection (p-75) shall be no greater
than the amount of one or more grants awarded to Peoria School
District 150 by the State Board of Education or the Capital
Development Board.
(p-80) In addition to all other authority to issue bonds,
Ridgeland School District 122 may issue bonds with an aggregate
principal amount not to exceed $50,000,000 for the purpose of
refunding or continuing to refund bonds originally issued
pursuant to voter approval at the general election held on
November 7, 2000, and the debt incurred on any bonds issued
under this subsection (p-80) shall not be considered
indebtedness for purposes of any statutory debt limitation.
Bonds issued under this subsection (p-80) may be issued in one
or more issuances and must mature within not to exceed 25 years
from their date, notwithstanding any other law, including
Section 19-3 of this Code, to the contrary.
(p-85) In addition to all other authority to issue bonds,

Hall High School District 502 may issue bonds with an aggregate
principal amount not to exceed $32,000,000, but only if all the
following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after April
9, 2013.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new school building is required as a result
of the age and condition of an existing school building,
(ii) the existing school building should be demolished in
its entirety or the existing school building should be
demolished except for the 1914 west wing of the building,
and (iii) the issuance of bonds is authorized by a statute
that exempts the debt incurred on the bonds from the
district's statutory debt limitation.
(3) The bonds are issued, in one or more issuances, not
later than 5 years after the date of the referendum
approving the issuance of the bonds, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $32,000,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after April 9, 2013.

The debt incurred on any bonds issued under this subsection
(p-85) shall not be considered indebtedness for purposes of any
statutory debt limitation. Bonds issued under this subsection
(p-85) must mature within not to exceed 30 years from their
date, notwithstanding any other law, including Section 19-3 of
this Code, to the contrary.
(p-90) In addition to all other authority to issue bonds,
Lebanon Community Unit School District 9 may issue bonds with
an aggregate principal amount not to exceed $7,500,000, but
only if all of the following conditions are met:
(1) The voters of the district approved a proposition
for the bond issuance at the general primary election on
February 2, 2010.
(2) At or prior to the time of the sale of the bonds,
the school board determines, by resolution, that (i) the
building and equipping of a new elementary school building
is required as a result of a projected increase in the
enrollment of students in the district and the age and
condition of the existing Lebanon Elementary School
building, (ii) a portion of the existing Lebanon Elementary
School building will be demolished and the remaining
portion will be altered, repaired, and equipped, and (iii)
the sale of bonds is authorized by a statute that exempts
the debt incurred on the bonds from the district's
statutory debt limitation.
(3) The bonds are issued, in one or more bond

issuances, on or before April 1, 2014, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $7,500,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at the general
primary election held on February 2, 2010.
The debt incurred on any bonds issued under this subsection
(p-90) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-95) In addition to all other authority to issue bonds,
Monticello Community Unit School District 25 may issue bonds
with an aggregate principal amount not to exceed $35,000,000,
but only if all of the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after
November 4, 2014.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new school building is required as a result
of the age and condition of an existing school building and
(ii) the issuance of bonds is authorized by a statute that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.
(3) The bonds are issued, in one or more issuances, on

or before July 1, 2020, but the aggregate principal amount
issued in all such bond issuances combined must not exceed
$35,000,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after November 4, 2014.
The debt incurred on any bonds issued under this subsection
(p-95) shall not be considered indebtedness for purposes of any
statutory debt limitation. Bonds issued under this subsection
(p-95) must mature within not to exceed 25 years from their
date, notwithstanding any other law, including Section 19-3 of
this Code, to the contrary.
(p-100) In addition to all other authority to issue bonds,
the community unit school district created in the territory
comprising Milford Community Consolidated School District 280
and Milford Township High School District 233, as approved at
the general primary election held on March 18, 2014, may issue
bonds with an aggregate principal amount not to exceed
$17,500,000, but only if all the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after
November 4, 2014.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the building and

equipping of a new school building is required as a result
of the age and condition of an existing school building and
(ii) the issuance of bonds is authorized by a statute that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.
(3) The bonds are issued, in one or more issuances, on
or before July 1, 2020, but the aggregate principal amount
issued in all such bond issuances combined must not exceed
$17,500,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after November 4, 2014.
The debt incurred on any bonds issued under this subsection
(p-100) shall not be considered indebtedness for purposes of
any statutory debt limitation. Bonds issued under this
subsection (p-100) must mature within not to exceed 25 years
from their date, notwithstanding any other law, including
Section 19-3 of this Code, to the contrary.
(p-105) In addition to all other authority to issue bonds,
North Shore School District 112 may issue bonds with an
aggregate principal amount not to exceed $150,000,000, but only
if all of the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after March

15, 2016.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of new buildings and improving the sites thereof
and the building and equipping of additions to, altering,
repairing, equipping, and renovating existing buildings
and improving the sites thereof are required as a result of
the age and condition of the district's existing buildings
and (ii) the issuance of bonds is authorized by a statute
that exempts the debt incurred on the bonds from the
district's statutory debt limitation.
(3) The bonds are issued, in one or more issuances, not
later than 5 years after the date of the referendum
approving the issuance of the bonds, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $150,000,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after March 15, 2016.
The debt incurred on any bonds issued under this subsection
(p-105) and on any bonds issued to refund or continue to refund
such bonds shall not be considered indebtedness for purposes of
any statutory debt limitation. Bonds issued under this
subsection (p-105) and any bonds issued to refund or continue

to refund such bonds must mature within not to exceed 30 years
from their date, notwithstanding any other law, including
Section 19-3 of this Code, to the contrary.
(p-110) In addition to all other authority to issue bonds,
Sandoval Community Unit School District 501 may issue bonds
with an aggregate principal amount not to exceed $2,000,000,
but only if all of the following conditions are met:
(1) The voters of the district approved a proposition
for the bond issuance at an election held on March 20,
2012.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new school building is required because of
the age and current condition of the Sandoval Elementary
School building and (ii) the issuance of bonds is
authorized by a statute that exempts the debt incurred on
the bonds from the district's statutory debt limitation.
(3) The bonds are issued, in one or more bond
issuances, on or before March 19, 2022, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $2,000,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at the election
held on March 20, 2012.

The debt incurred on any bonds issued under this subsection
(p-110) and on any bonds issued to refund or continue to refund
the bonds shall not be considered indebtedness for purposes of
any statutory debt limitation.
(p-115) In addition to all other authority to issue bonds,
Bureau Valley Community Unit School District 340 may issue
bonds with an aggregate principal amount not to exceed
$25,000,000, but only if all of the following conditions are
met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after March
15, 2016.
(2) Prior to the issuances of the bonds, the school
board determines, by resolution, that (i) the renovating
and equipping of some existing school buildings, the
building and equipping of new school buildings, and the
demolishing of some existing school buildings are required
as a result of the age and condition of existing school
buildings and (ii) the issuance of bonds is authorized by a
statute that exempts the debt incurred on the bonds from
the district's statutory debt limitation.
(3) The bonds are issued, in one or more issuances, on
or before July 1, 2021, but the aggregate principal amount
issued in all such bond issuances combined must not exceed
$25,000,000.
(4) The bonds are issued in accordance with this

Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after March 15, 2016.
The debt incurred on any bonds issued under this subsection
(p-115) shall not be considered indebtedness for purposes of
any statutory debt limitation. Bonds issued under this
subsection (p-115) must mature within not to exceed 30 years
from their date, notwithstanding any other law, including
Section 19-3 of this Code, to the contrary.
(p-120) In addition to all other authority to issue bonds,
Paxton-Buckley-Loda Community Unit School District 10 may
issue bonds with an aggregate principal amount not to exceed
$28,500,000, but only if all the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after
November 8, 2016.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the projects as
described in said proposition, relating to the building and
equipping of one or more school buildings or additions to
existing school buildings, are required as a result of the
age and condition of the District's existing buildings and
(ii) the issuance of bonds is authorized by a statute that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.

(3) The bonds are issued, in one or more issuances, not
later than 5 years after the date of the referendum
approving the issuance of the bonds, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $28,500,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after November 8, 2016.
The debt incurred on any bonds issued under this subsection
(p-120) and on any bonds issued to refund or continue to refund
such bonds shall not be considered indebtedness for purposes of
any statutory debt limitation. Bonds issued under this
subsection (p-120) and any bonds issued to refund or continue
to refund such bonds must mature within not to exceed 25 years
from their date, notwithstanding any other law, including
Section 19-3 of this Code, to the contrary.
(p-125) In addition to all other authority to issue bonds,
Hillsboro Community Unit School District 3 may issue bonds with
an aggregate principal amount not to exceed $34,500,000, but
only if all the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after March
15, 2016.
(2) Prior to the issuance of the bonds, the school

board determines, by resolution, that (i) altering,
repairing, and equipping the high school
agricultural/vocational building, demolishing the high
school main, cafeteria, and gym buildings, building and
equipping a school building, and improving sites are
required as a result of the age and condition of the
district's existing buildings and (ii) the issuance of
bonds is authorized by a statute that exempts the debt
incurred on the bonds from the district's statutory debt
limitation.
(3) The bonds are issued, in one or more issuances, not
later than 5 years after the date of the referendum
approving the issuance of the bonds, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $34,500,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after March 15, 2016.
The debt incurred on any bonds issued under this subsection
(p-125) and on any bonds issued to refund or continue to refund
such bonds shall not be considered indebtedness for purposes of
any statutory debt limitation. Bonds issued under this
subsection (p-125) and any bonds issued to refund or continue
to refund such bonds must mature within not to exceed 25 years

from their date, notwithstanding any other law, including
Section 19-3 of this Code, to the contrary.
(p-130) In addition to all other authority to issue bonds,
Waltham Community Consolidated School District 185 may incur
indebtedness in an aggregate principal amount not to exceed
$9,500,000 to build and equip a new school building and improve
the site thereof, but only if all the following conditions are
met:
(1) A majority of the voters of the district voting on
an advisory question voted in favor of the question
regarding the use of funding sources to build a new school
building without increasing property tax rates at the
general election held on November 8, 2016.
(2) Prior to incurring the debt, the school board
enters into intergovernmental agreements with the City of
LaSalle to pledge moneys in a special tax allocation fund
associated with tax increment financing districts LaSalle
I and LaSalle III and with the Village of Utica to pledge
moneys in a special tax allocation fund associated with tax
increment financing district Utica I for the purposes of
repaying the debt issued pursuant to this subsection
(p-130). Notwithstanding any other provision of law to the
contrary, the intergovernmental agreement may extend these
tax increment financing districts as necessary to ensure
repayment of the debt.
(3) Prior to incurring the debt, the school board

determines, by resolution, that (i) the building and
equipping of a new school building is required as a result
of the age and condition of the district's existing
buildings and (ii) the debt is authorized by a statute that
exempts the debt from the district's statutory debt
limitation.
(4) The debt is incurred, in one or more issuances, not
later than January 1, 2021, and the aggregate principal
amount of debt issued in all such issuances combined must
not exceed $9,500,000.
The debt incurred under this subsection (p-130) and on any
bonds issued to pay, refund, or continue to refund such debt
shall not be considered indebtedness for purposes of any
statutory debt limitation. Debt issued under this subsection
(p-130) and any bonds issued to pay, refund, or continue to
refund such debt must mature within not to exceed 25 years from
their date, notwithstanding any other law, including Section
19-11 of this Code and subsection (b) of Section 17 of the
Local Government Debt Reform Act, to the contrary.
(q) A school district must notify the State Board of
Education prior to issuing any form of long-term or short-term
debt that will result in outstanding debt that exceeds 75% of
the debt limit specified in this Section or any other provision
of law.
(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
99-390, eff. 8-18-15; 99-642, eff. 7-28-16; 99-735, eff.

8-5-16; 99-926, eff. 1-20-17; 100-531, eff. 9-22-17.)
(Text of Section after amendment by P.A. 100-503)
Sec. 19-1. Debt limitations of school districts.
(a) School districts shall not be subject to the provisions
limiting their indebtedness prescribed in the Local Government
Debt Limitation Act.
No school districts maintaining grades K through 8 or 9
through 12 shall become indebted in any manner or for any
purpose to an amount, including existing indebtedness, in the
aggregate exceeding 6.9% on the value of the taxable property
therein to be ascertained by the last assessment for State and
county taxes or, until January 1, 1983, if greater, the sum
that is produced by multiplying the school district's 1978
equalized assessed valuation by the debt limitation percentage
in effect on January 1, 1979, previous to the incurring of such
indebtedness.
No school districts maintaining grades K through 12 shall
become indebted in any manner or for any purpose to an amount,
including existing indebtedness, in the aggregate exceeding
13.8% on the value of the taxable property therein to be
ascertained by the last assessment for State and county taxes
or, until January 1, 1983, if greater, the sum that is produced
by multiplying the school district's 1978 equalized assessed
valuation by the debt limitation percentage in effect on
January 1, 1979, previous to the incurring of such

indebtedness.
No partial elementary unit district, as defined in Article
11E of this Code, shall become indebted in any manner or for
any purpose in an amount, including existing indebtedness, in
the aggregate exceeding 6.9% of the value of the taxable
property of the entire district, to be ascertained by the last
assessment for State and county taxes, plus an amount,
including existing indebtedness, in the aggregate exceeding
6.9% of the value of the taxable property of that portion of
the district included in the elementary and high school
classification, to be ascertained by the last assessment for
State and county taxes. Moreover, no partial elementary unit
district, as defined in Article 11E of this Code, shall become
indebted on account of bonds issued by the district for high
school purposes in the aggregate exceeding 6.9% of the value of
the taxable property of the entire district, to be ascertained
by the last assessment for State and county taxes, nor shall
the district become indebted on account of bonds issued by the
district for elementary purposes in the aggregate exceeding
6.9% of the value of the taxable property for that portion of
the district included in the elementary and high school
classification, to be ascertained by the last assessment for
State and county taxes.
Notwithstanding the provisions of any other law to the
contrary, in any case in which the voters of a school district
have approved a proposition for the issuance of bonds of such

school district at an election held prior to January 1, 1979,
and all of the bonds approved at such election have not been
issued, the debt limitation applicable to such school district
during the calendar year 1979 shall be computed by multiplying
the value of taxable property therein, including personal
property, as ascertained by the last assessment for State and
county taxes, previous to the incurring of such indebtedness,
by the percentage limitation applicable to such school district
under the provisions of this subsection (a).
(a-5) After January 1, 2018, no school district may issue
bonds under Sections 19-2 through 19-7 of this Code and rely on
an exception to the debt limitations in this Section unless it
has complied with the requirements of Section 21 of the Bond
Issue Notification Act and the bonds have been approved by
referendum.
(b) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, additional indebtedness may be
incurred in an amount not to exceed the estimated cost of
acquiring or improving school sites or constructing and
equipping additional building facilities under the following
conditions:
(1) Whenever the enrollment of students for the next
school year is estimated by the board of education to
increase over the actual present enrollment by not less
than 35% or by not less than 200 students or the actual
present enrollment of students has increased over the

previous school year by not less than 35% or by not less
than 200 students and the board of education determines
that additional school sites or building facilities are
required as a result of such increase in enrollment; and
(2) When the Regional Superintendent of Schools having
jurisdiction over the school district and the State
Superintendent of Education concur in such enrollment
projection or increase and approve the need for such
additional school sites or building facilities and the
estimated cost thereof; and
(3) When the voters in the school district approve a
proposition for the issuance of bonds for the purpose of
acquiring or improving such needed school sites or
constructing and equipping such needed additional building
facilities at an election called and held for that purpose.
Notice of such an election shall state that the amount of
indebtedness proposed to be incurred would exceed the debt
limitation otherwise applicable to the school district.
The ballot for such proposition shall state what percentage
of the equalized assessed valuation will be outstanding in
bonds if the proposed issuance of bonds is approved by the
voters; or
(4) Notwithstanding the provisions of paragraphs (1)
through (3) of this subsection (b), if the school board
determines that additional facilities are needed to
provide a quality educational program and not less than 2/3

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

January 1, 1979.
The indebtedness provided for by this subsection (b) shall
be in addition to and in excess of any other debt limitation.
(c) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, in any case in which a public
question for the issuance of bonds of a proposed school
district maintaining grades kindergarten through 12 received
at least 60% of the valid ballots cast on the question at an
election held on or prior to November 8, 1994, and in which the
bonds approved at such election have not been issued, the
school district pursuant to the requirements of Section 11A-10
(now repealed) may issue the total amount of bonds approved at
such election for the purpose stated in the question.
(d) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, a school district that meets
all the criteria set forth in paragraphs (1) and (2) of this
subsection (d) may incur an additional indebtedness in an
amount not to exceed $4,500,000, even though the amount of the
additional indebtedness authorized by this subsection (d),
when incurred and added to the aggregate amount of indebtedness
of the district existing immediately prior to the district
incurring the additional indebtedness authorized by this
subsection (d), causes the aggregate indebtedness of the
district to exceed the debt limitation otherwise applicable to
that district under subsection (a):
(1) The additional indebtedness authorized by this

subsection (d) is incurred by the school district through
the issuance of bonds under and in accordance with Section
17-2.11a for the purpose of replacing a school building
which, because of mine subsidence damage, has been closed
as provided in paragraph (2) of this subsection (d) or
through the issuance of bonds under and in accordance with
Section 19-3 for the purpose of increasing the size of, or
providing for additional functions in, such replacement
school buildings, or both such purposes.
(2) The bonds issued by the school district as provided
in paragraph (1) above are issued for the purposes of
construction by the school district of a new school
building pursuant to Section 17-2.11, to replace an
existing school building that, because of mine subsidence
damage, is closed as of the end of the 1992-93 school year
pursuant to action of the regional superintendent of
schools of the educational service region in which the
district is located under Section 3-14.22 or are issued for
the purpose of increasing the size of, or providing for
additional functions in, the new school building being
constructed to replace a school building closed as the
result of mine subsidence damage, or both such purposes.
(e) (Blank).
(f) Notwithstanding the provisions of subsection (a) of
this Section or of any other law, bonds in not to exceed the
aggregate amount of $5,500,000 and issued by a school district

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

subsection (f) are met.
(g) Notwithstanding the provisions of subsection (a) of
this Section or any other law, bonds in not to exceed an
aggregate amount of 25% of the equalized assessed value of the
taxable property of a school district and issued by a school
district meeting the criteria in paragraphs (i) through (iv) of
this subsection shall not be considered indebtedness for
purposes of any statutory limitation and may be issued pursuant
to resolution of the school board in an amount or amounts,
including existing indebtedness, in excess of any statutory
limitation of indebtedness heretofore or hereafter imposed:
(i) The bonds are issued for the purpose of
constructing a new high school building to replace two
adjacent existing buildings which together house a single
high school, each of which is more than 65 years old, and
which together are located on more than 10 acres and less
than 11 acres of property.
(ii) At the time the resolution authorizing the
issuance of the bonds is adopted, the cost of constructing
a new school building to replace the existing school
building is less than 60% of the cost of repairing the
existing school building.
(iii) The sale of the bonds occurs before July 1, 1997.
(iv) The school district issuing the bonds is a unit
school district located in a county of less than 70,000 and
more than 50,000 inhabitants, which has an average daily

attendance of less than 1,500 and an equalized assessed
valuation of less than $29,000,000.
(h) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1998, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 27.6% of the equalized assessed
value of the taxable property in the district, if all of the
following conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 of less than $24,000,000;
(ii) The bonds are issued for the capital improvement,
renovation, rehabilitation, or replacement of existing
school buildings of the district, all of which buildings
were originally constructed not less than 40 years ago;
(iii) The voters of the district approve a proposition
for the issuance of the bonds at a referendum held after
March 19, 1996; and
(iv) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(i) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1998, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 27% of the equalized assessed value
of the taxable property in the district, if all of the

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

existing high school was originally constructed not less
than 35 years prior to the sale of the bonds;
(iii) At the time of the sale of the bonds, the board
of education determines by resolution that a new high
school is needed because of projected enrollment
increases;
(iv) At least 60% of those voting in an election held
after December 31, 1996 approve a proposition for the
issuance of the bonds; and
(v) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(k) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, a school district that meets
all the criteria set forth in paragraphs (1) through (4) of
this subsection (k) may issue bonds to incur an additional
indebtedness in an amount not to exceed $4,000,000 even though
the amount of the additional indebtedness authorized by this
subsection (k), when incurred and added to the aggregate amount
of indebtedness of the school district existing immediately
prior to the school district incurring such additional
indebtedness, causes the aggregate indebtedness of the school
district to exceed or increases the amount by which the
aggregate indebtedness of the district already exceeds the debt
limitation otherwise applicable to that school district under
subsection (a):
(1) the school district is located in 2 counties, and a

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

originally constructed not less than 70 years ago;
(iii) the voters of the district approve a proposition
for the issuance of the bonds at a referendum held on or
after March 17, 1998; and
(iv) the bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(m) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1999, an
elementary school district maintaining grades K through 8 may
issue bonds up to an amount, excluding existing indebtedness,
not exceeding 18% of the equalized assessed value of the
taxable property in the district, if all of the following
conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 or less than $7,700,000;
(ii) The school district operates 2 elementary
attendance centers that until 1976 were operated as the
attendance centers of 2 separate and distinct school
districts;
(iii) The bonds are issued for the construction of a
new elementary school building to replace an existing
multi-level elementary school building of the school
district that is not accessible at all levels and parts of
which were constructed more than 75 years ago;
(iv) The voters of the school district approve a
proposition for the issuance of the bonds at a referendum

held after July 1, 1998; and
(v) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(n) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section or any other provisions of this
Section or of any other law, a school district that meets all
of the criteria set forth in paragraphs (i) through (vi) of
this subsection (n) may incur additional indebtedness by the
issuance of bonds in an amount not exceeding the amount
certified by the Capital Development Board to the school
district as provided in paragraph (iii) of this subsection (n),
even though the amount of the additional indebtedness so
authorized, when incurred and added to the aggregate amount of
indebtedness of the district existing immediately prior to the
district incurring the additional indebtedness authorized by
this subsection (n), causes the aggregate indebtedness of the
district to exceed the debt limitation otherwise applicable by
law to that district:
(i) The school district applies to the State Board of
Education for a school construction project grant and
submits a district facilities plan in support of its
application pursuant to Section 5-20 of the School
Construction Law.
(ii) The school district's application and facilities
plan are approved by, and the district receives a grant
entitlement for a school construction project issued by,

the State Board of Education under the School Construction
Law.
(iii) The school district has exhausted its bonding
capacity or the unused bonding capacity of the district is
less than the amount certified by the Capital Development
Board to the district under Section 5-15 of the School
Construction Law as the dollar amount of the school
construction project's cost that the district will be
required to finance with non-grant funds in order to
receive a school construction project grant under the
School Construction Law.
(iv) The bonds are issued for a "school construction
project", as that term is defined in Section 5-5 of the
School Construction Law, in an amount that does not exceed
the dollar amount certified, as provided in paragraph (iii)
of this subsection (n), by the Capital Development Board to
the school district under Section 5-15 of the School
Construction Law.
(v) The voters of the district approve a proposition
for the issuance of the bonds at a referendum held after
the criteria specified in paragraphs (i) and (iii) of this
subsection (n) are met.
(vi) The bonds are issued pursuant to Sections 19-2
through 19-7 of the School Code.
(o) Notwithstanding any other provisions of this Section or
the provisions of any other law, until November 1, 2007, a

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

an amount, including indebtedness, not exceeding 27% of the
equalized assessed value of the taxable property in the
district if all of the following conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 2001 of at least $295,741,187
and a best 3 months' average daily attendance for the
2002-2003 school year of at least 2,394.
(ii) The bonds are issued to build and equip 3
elementary school buildings; build and equip one middle
school building; and alter, repair, improve, and equip all
existing school buildings in the district.
(iii) At the time of the sale of the bonds, the board
of education determines by resolution that the project is
needed because of expanding growth in the school district
and a projected enrollment increase.
(iv) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(p-5) Notwithstanding any other provisions of this Section
or the provisions of any other law, bonds issued by a community
unit school district maintaining grades K through 12 shall not
be considered indebtedness for purposes of any statutory
limitation and may be issued in an amount or amounts, including
existing indebtedness, in excess of any heretofore or hereafter
imposed statutory limitation as to indebtedness, if all of the
following conditions are met:
(i) For each of the 4 most recent years, residential

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

(i) For each of the 4 most recent years, residential
and farm property comprises more than 80% of the equalized
assessed valuation of the district.
(ii) The bond proceeds are to be used to acquire and
improve school sites and build and equip a school building.
(iii) Voters of the district approve a proposition for
the issuance of the bonds at a regularly scheduled
election.
(iv) At the time of the sale of the bonds, the school
board determines by resolution that the school sites and
building additions are needed because of an increase in
enrollment projected by the school board.
(v) The principal amount of the bonds, including
existing indebtedness, does not exceed 20% of the equalized
assessed value of the taxable property in the district.
(vi) The bonds are issued prior to January 1, 2007,
pursuant to Sections 19-2 through 19-7 of this Code.
(p-15) In addition to all other authority to issue bonds,
the Oswego Community Unit School District Number 308 may issue
bonds with an aggregate principal amount not to exceed
$450,000,000, but only if all of the following conditions are
met:
(i) The voters of the district have approved a
proposition for the bond issue at the general election held
on November 7, 2006.
(ii) At the time of the sale of the bonds, the school

board determines, by resolution, that: (A) the building and
equipping of the new high school building, new junior high
school buildings, new elementary school buildings, early
childhood building, maintenance building, transportation
facility, and additions to existing school buildings, the
altering, repairing, equipping, and provision of
technology improvements to existing school buildings, and
the acquisition and improvement of school sites, as the
case may be, are required as a result of a projected
increase in the enrollment of students in the district; and
(B) the sale of bonds for these purposes is authorized by
legislation that exempts the debt incurred on the bonds
from the district's statutory debt limitation.
(iii) The bonds are issued, in one or more bond issues,
on or before November 7, 2011, but the aggregate principal
amount issued in all such bond issues combined must not
exceed $450,000,000.
(iv) The bonds are issued in accordance with this
Article 19.
(v) The proceeds of the bonds are used only to
accomplish those projects approved by the voters at the
general election held on November 7, 2006.
The debt incurred on any bonds issued under this subsection
(p-15) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-20) In addition to all other authority to issue bonds,

the Lincoln-Way Community High School District Number 210 may
issue bonds with an aggregate principal amount not to exceed
$225,000,000, but only if all of the following conditions are
met:
(i) The voters of the district have approved a
proposition for the bond issue at the general primary
election held on March 21, 2006.
(ii) At the time of the sale of the bonds, the school
board determines, by resolution, that: (A) the building and
equipping of the new high school buildings, the altering,
repairing, and equipping of existing school buildings, and
the improvement of school sites, as the case may be, are
required as a result of a projected increase in the
enrollment of students in the district; and (B) the sale of
bonds for these purposes is authorized by legislation that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.
(iii) The bonds are issued, in one or more bond issues,
on or before March 21, 2011, but the aggregate principal
amount issued in all such bond issues combined must not
exceed $225,000,000.
(iv) The bonds are issued in accordance with this
Article 19.
(v) The proceeds of the bonds are used only to
accomplish those projects approved by the voters at the
primary election held on March 21, 2006.

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

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

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

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

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

indebtedness of the school district, not in excess of 43% of
the value of the taxable property in the district to be
ascertained by the last assessment for State and county taxes.
(p-55) In addition to all other authority to issue bonds,
Belle Valley School District 119 may issue bonds with an
aggregate principal amount not to exceed $47,500,000, but only
if all of the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after April
7, 2009.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new school building is required as a result
of mine subsidence in an existing school building and
because of the age and condition of another existing school
building and (ii) the issuance of bonds is authorized by
statute that exempts the debt incurred on the bonds from
the district's statutory debt limitation.
(3) The bonds are issued, in one or more bond
issuances, on or before March 31, 2014, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $47,500,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election

held on or after April 7, 2009.
The debt incurred on any bonds issued under this subsection
(p-55) shall not be considered indebtedness for purposes of any
statutory debt limitation. Bonds issued under this subsection
(p-55) must mature within not to exceed 30 years from their
date, notwithstanding any other law to the contrary.
(p-60) In addition to all other authority to issue bonds,
Wilmington Community Unit School District Number 209-U may
issue bonds with an aggregate principal amount not to exceed
$2,285,000, but only if all of the following conditions are
met:
(1) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at the general
primary election held on March 21, 2006.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the projects
approved by the voters were and are required because of the
age and condition of the school district's prior and
existing school buildings and (ii) the issuance of the
bonds is authorized by legislation that exempts the debt
incurred on the bonds from the district's statutory debt
limitation.
(3) The bonds are issued in one or more bond issuances
on or before March 1, 2011, but the aggregate principal
amount issued in all those bond issuances combined must not
exceed $2,285,000.

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

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

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

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

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

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

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

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

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

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

(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new school building is required because of
the age and current condition of the Sandoval Elementary
School building and (ii) the issuance of bonds is
authorized by a statute that exempts the debt incurred on
the bonds from the district's statutory debt limitation.
(3) The bonds are issued, in one or more bond
issuances, on or before March 19, 2022, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $2,000,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at the election
held on March 20, 2012.
The debt incurred on any bonds issued under this subsection
(p-110) and on any bonds issued to refund or continue to refund
the bonds shall not be considered indebtedness for purposes of
any statutory debt limitation.
(p-115) In addition to all other authority to issue bonds,
Bureau Valley Community Unit School District 340 may issue
bonds with an aggregate principal amount not to exceed
$25,000,000, but only if all of the following conditions are
met:
(1) The voters of the district approve a proposition

for the bond issuance at an election held on or after March
15, 2016.
(2) Prior to the issuances of the bonds, the school
board determines, by resolution, that (i) the renovating
and equipping of some existing school buildings, the
building and equipping of new school buildings, and the
demolishing of some existing school buildings are required
as a result of the age and condition of existing school
buildings and (ii) the issuance of bonds is authorized by a
statute that exempts the debt incurred on the bonds from
the district's statutory debt limitation.
(3) The bonds are issued, in one or more issuances, on
or before July 1, 2021, but the aggregate principal amount
issued in all such bond issuances combined must not exceed
$25,000,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after March 15, 2016.
The debt incurred on any bonds issued under this subsection
(p-115) shall not be considered indebtedness for purposes of
any statutory debt limitation. Bonds issued under this
subsection (p-115) must mature within not to exceed 30 years
from their date, notwithstanding any other law, including
Section 19-3 of this Code, to the contrary.

(p-120) In addition to all other authority to issue bonds,
Paxton-Buckley-Loda Community Unit School District 10 may
issue bonds with an aggregate principal amount not to exceed
$28,500,000, but only if all the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after
November 8, 2016.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the projects as
described in said proposition, relating to the building and
equipping of one or more school buildings or additions to
existing school buildings, are required as a result of the
age and condition of the District's existing buildings and
(ii) the issuance of bonds is authorized by a statute that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.
(3) The bonds are issued, in one or more issuances, not
later than 5 years after the date of the referendum
approving the issuance of the bonds, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $28,500,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after November 8, 2016.

The debt incurred on any bonds issued under this subsection
(p-120) and on any bonds issued to refund or continue to refund
such bonds shall not be considered indebtedness for purposes of
any statutory debt limitation. Bonds issued under this
subsection (p-120) and any bonds issued to refund or continue
to refund such bonds must mature within not to exceed 25 years
from their date, notwithstanding any other law, including
Section 19-3 of this Code, to the contrary.
(p-125) In addition to all other authority to issue bonds,
Hillsboro Community Unit School District 3 may issue bonds with
an aggregate principal amount not to exceed $34,500,000, but
only if all the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after March
15, 2016.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) altering,
repairing, and equipping the high school
agricultural/vocational building, demolishing the high
school main, cafeteria, and gym buildings, building and
equipping a school building, and improving sites are
required as a result of the age and condition of the
district's existing buildings and (ii) the issuance of
bonds is authorized by a statute that exempts the debt
incurred on the bonds from the district's statutory debt
limitation.

(3) The bonds are issued, in one or more issuances, not
later than 5 years after the date of the referendum
approving the issuance of the bonds, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $34,500,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after March 15, 2016.
The debt incurred on any bonds issued under this subsection
(p-125) and on any bonds issued to refund or continue to refund
such bonds shall not be considered indebtedness for purposes of
any statutory debt limitation. Bonds issued under this
subsection (p-125) and any bonds issued to refund or continue
to refund such bonds must mature within not to exceed 25 years
from their date, notwithstanding any other law, including
Section 19-3 of this Code, to the contrary.
(p-130) In addition to all other authority to issue bonds,
Waltham Community Consolidated School District 185 may incur
indebtedness in an aggregate principal amount not to exceed
$9,500,000 to build and equip a new school building and improve
the site thereof, but only if all the following conditions are
met:
(1) A majority of the voters of the district voting on
an advisory question voted in favor of the question

regarding the use of funding sources to build a new school
building without increasing property tax rates at the
general election held on November 8, 2016.
(2) Prior to incurring the debt, the school board
enters into intergovernmental agreements with the City of
LaSalle to pledge moneys in a special tax allocation fund
associated with tax increment financing districts LaSalle
I and LaSalle III and with the Village of Utica to pledge
moneys in a special tax allocation fund associated with tax
increment financing district Utica I for the purposes of
repaying the debt issued pursuant to this subsection
(p-130). Notwithstanding any other provision of law to the
contrary, the intergovernmental agreement may extend these
tax increment financing districts as necessary to ensure
repayment of the debt.
(3) Prior to incurring the debt, the school board
determines, by resolution, that (i) the building and
equipping of a new school building is required as a result
of the age and condition of the district's existing
buildings and (ii) the debt is authorized by a statute that
exempts the debt from the district's statutory debt
limitation.
(4) The debt is incurred, in one or more issuances, not
later than January 1, 2021, and the aggregate principal
amount of debt issued in all such issuances combined must
not exceed $9,500,000.

The debt incurred under this subsection (p-130) and on any
bonds issued to pay, refund, or continue to refund such debt
shall not be considered indebtedness for purposes of any
statutory debt limitation. Debt issued under this subsection
(p-130) and any bonds issued to pay, refund, or continue to
refund such debt must mature within not to exceed 25 years from
their date, notwithstanding any other law, including Section
19-11 of this Code and subsection (b) of Section 17 of the
Local Government Debt Reform Act, to the contrary.
(p-133) (p-130) Notwithstanding the provisions of
subsection (a) of this Section or of any other law, bonds
heretofore or hereafter issued by East Prairie School District
73 with an aggregate principal amount not to exceed $47,353,147
and approved by the voters of the district at the general
election held on November 8, 2016, and any bonds issued to
refund or continue to refund the bonds, shall not be considered
indebtedness for the purposes of any statutory debt limitation
and may mature within not to exceed 25 years from their date,
notwithstanding any other law, including Section 19-3 of this
Code, to the contrary.
(p-135) In addition to all other authority to issue bonds,
Brookfield LaGrange Park School District Number 95 may issue
bonds with an aggregate principal amount not to exceed
$20,000,000, but only if all the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after April

4, 2017.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the additions and
renovations to the Brook Park Elementary and S. E. Gross
Middle School buildings are required to accommodate
enrollment growth, replace outdated facilities, and create
spaces consistent with 21st century learning and (ii) the
issuance of the bonds is authorized by a statute that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.
(3) The bonds are issued, in one or more issuances, not
later than 5 years after the date of the referendum
approving the issuance of the bonds, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $20,000,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after April 4, 2017.
The debt incurred on any bonds issued under this
subsection (p-135) and on any bonds issued to refund or
continue to refund such bonds shall not be considered
indebtedness for purposes of any statutory debt
limitation.
(q) A school district must notify the State Board of

Education prior to issuing any form of long-term or short-term
debt that will result in outstanding debt that exceeds 75% of
the debt limit specified in this Section or any other provision
of law.
(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
99-390, eff. 8-18-15; 99-642, eff. 7-28-16; 99-735, eff.
8-5-16; 99-926, eff. 1-20-17, 100-503, eff. 6-1-18; 100-531,
eff. 9-22-17; revised 11-6-17.)
(105 ILCS 5/21B-20)
Sec. 21B-20. Types of licenses. Before July 1, 2013, the
State Board of Education shall implement a system of educator
licensure, whereby individuals employed in school districts
who are required to be licensed must have one of the following
licenses: (i) a professional educator license; (ii) a
professional educator license with stipulations; or (iii) a
substitute teaching license. References in law regarding
individuals certified or certificated or required to be
certified or certificated under Article 21 of this Code shall
also include individuals licensed or required to be licensed
under this Article. The first year of all licenses ends on June
30 following one full year of the license being issued.
The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to govern the requirements for
licenses and endorsements under this Section.

(1) Professional Educator License. Persons who (i)
have successfully completed an approved educator
preparation program and are recommended for licensure by
the Illinois institution offering the educator preparation
program, (ii) have successfully completed the required
testing under Section 21B-30 of this Code, (iii) have
successfully completed coursework on the psychology of,
the identification of, and the methods of instruction for
the exceptional child, including without limitation
children with learning disabilities, (iv) have
successfully completed coursework in methods of reading
and reading in the content area, and (v) have met all other
criteria established by rule of the State Board of
Education shall be issued a Professional Educator License.
All Professional Educator Licenses are valid until June 30
immediately following 5 years of the license being issued.
The Professional Educator License shall be endorsed with
specific areas and grade levels in which the individual is
eligible to practice.
Individuals can receive subsequent endorsements on the
Professional Educator License. Subsequent endorsements
shall require a minimum of 24 semester hours of coursework
in the endorsement area, unless otherwise specified by
rule, and passage of the applicable content area test.
(2) Educator License with Stipulations. An Educator
License with Stipulations shall be issued an endorsement

that limits the license holder to one particular position
or does not require completion of an approved educator
program or both.
An individual with an Educator License with
Stipulations must not be employed by a school district or
any other entity to replace any presently employed teacher
who otherwise would not be replaced for any reason.
An Educator License with Stipulations may be issued
with the following endorsements:
(A) Provisional educator. A provisional educator
endorsement in a specific content area or areas on an
Educator License with Stipulations may be issued to an
applicant who holds an educator license from another
state, U.S. territory, or foreign country and who, at
the time of applying for an Illinois license, does not
meet the minimum requirements under Section 21B-35 of
this Code, but does, at a minimum, meet the following
requirements:
(i) Holds the equivalent of a minimum of a
bachelor's degree, unless a master's degree is
required for the endorsement, from a regionally
accredited college or university or, for
individuals educated in a country other than the
United States, the equivalent of a minimum of a
bachelor's degree issued in the United States,
unless a master's degree is required for the

endorsement.
(ii) Has passed or passes a test of basic
skills and content area test prior to or within one
year after issuance of the provisional educator
endorsement on the Educator License with
Stipulations. If an individual who holds an
Educator License with Stipulations endorsed for
provisional educator has not passed a test of basic
skills and applicable content area test or tests
within one year after issuance of the endorsement,
the endorsement shall expire on June 30 following
one full year of the endorsement being issued. If
such an individual has passed the test of basic
skills and applicable content area test or tests
either prior to issuance of the endorsement or
within one year after issuance of the endorsement,
the endorsement is valid until June 30 immediately
following 2 years of the license being issued,
during which time any and all coursework
deficiencies must be met and any and all additional
testing deficiencies must be met.
In addition, a provisional educator endorsement
for principals or superintendents may be issued if the
individual meets the requirements set forth in
subdivisions (1) and (3) of subsection (b-5) of Section
21B-35 of this Code. Applicants who have not been

entitled by an Illinois-approved educator preparation
program at an Illinois institution of higher education
shall not receive a provisional educator endorsement
if the person completed an alternative licensure
program in another state, unless the program has been
determined to be equivalent to Illinois program
requirements.
Notwithstanding any other requirements of this
Section, a service member or spouse of a service member
may obtain a Professional Educator License with
Stipulations, and a provisional educator endorsement
in a specific content area or areas, if he or she holds
a valid teaching certificate or license in good
standing from another state, meets the qualifications
of educators outlined in Section 21B-15 of this Code,
and has not engaged in any misconduct that would
prohibit an individual from obtaining a license
pursuant to Illinois law, including without limitation
any administrative rules of the State Board of
Education.
In this Section, "service member" means any person
who, at the time of application under this Section, is
an active duty member of the United States Armed Forces
or any reserve component of the United States Armed
Forces or the National Guard of any state,
commonwealth, or territory of the United States or the

District of Columbia.
A provisional educator endorsement is valid until
June 30 immediately following 2 years of the license
being issued, provided that any remaining testing and
coursework deficiencies are met as set forth in this
Section. Failure to satisfy all stated deficiencies
shall mean the individual, including any service
member or spouse who has obtained a Professional
Educator License with Stipulations and a provisional
educator endorsement in a specific content area or
areas, is ineligible to receive a Professional
Educator License at that time. An Educator License with
Stipulations endorsed for provisional educator shall
not be renewed for individuals who hold an Educator
License with Stipulations and who have held a position
in a public school or non-public school recognized by
the State Board of Education.
(B) Alternative provisional educator. An
alternative provisional educator endorsement on an
Educator License with Stipulations may be issued to an
applicant who, at the time of applying for the
endorsement, has done all of the following:
(i) Graduated from a regionally accredited
college or university with a minimum of a
bachelor's degree.
(ii) Successfully completed the first phase of

the Alternative Educator Licensure Program for
Teachers, as described in Section 21B-50 of this
Code.
(iii) Passed a test of basic skills and content
area test, as required under Section 21B-30 of this
Code.
The alternative provisional educator endorsement
is valid for 2 years of teaching and may be renewed for
a third year by an individual meeting the requirements
set forth in Section 21B-50 of this Code.
(C) Alternative provisional superintendent. An
alternative provisional superintendent endorsement on
an Educator License with Stipulations entitles the
holder to serve only as a superintendent or assistant
superintendent in a school district's central office.
This endorsement may only be issued to an applicant
who, at the time of applying for the endorsement, has
done all of the following:
(i) Graduated from a regionally accredited
college or university with a minimum of a master's
degree in a management field other than education.
(ii) Been employed for a period of at least 5
years in a management level position in a field
other than education.
(iii) Successfully completed the first phase
of an alternative route to superintendent

endorsement program, as provided in Section 21B-55
of this Code.
(iv) Passed a test of basic skills and content
area tests required under Section 21B-30 of this
Code.
The endorsement may be registered for 2 fiscal
years in order to complete one full year of serving as
a superintendent or assistant superintendent.
(D) Resident teacher endorsement. A resident
teacher endorsement on an Educator License with
Stipulations may be issued to an applicant who, at the
time of applying for the endorsement, has done all of
the following:
(i) Graduated from a regionally accredited
institution of higher education with a minimum of a
bachelor's degree.
(ii) Enrolled in an approved Illinois educator
preparation program.
(iii) Passed a test of basic skills and content
area test, as required under Section 21B-30 of this
Code.
The resident teacher endorsement on an Educator
License with Stipulations is valid for 4 years of
teaching and shall not be renewed.
A resident teacher may teach only under the
direction of a licensed teacher, who shall act as the

resident mentor teacher, and may not teach in place of
a licensed teacher. A resident teacher endorsement on
an Educator License with Stipulations shall no longer
be valid after June 30, 2017.
(E) Career and technical educator. A career and
technical educator endorsement on an Educator License
with Stipulations may be issued to an applicant who has
a minimum of 60 semester hours of coursework from a
regionally accredited institution of higher education
or an accredited trade and technical institution and
has a minimum of 2,000 hours of experience outside of
education in each area to be taught.
The career and technical educator endorsement on
an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed. For
individuals who were issued the career and technical
educator endorsement on an Educator License with
Stipulations on or after January 1, 2015, the license
may be renewed if the individual passes a test of basic
skills or test of work proficiency, as required under
Section 21B-30 of this Code.
An individual who holds a valid career and
technical educator endorsement on an Educator License
with Stipulations but does not hold a bachelor's degree
may substitute teach in career and technical education

classrooms.
(F) Part-time provisional career and technical
educator or provisional career and technical educator.
A part-time provisional career and technical educator
endorsement or a provisional career and technical
educator endorsement on an Educator License with
Stipulations may be issued to an applicant who has a
minimum of 8,000 hours of work experience in the skill
for which the applicant is seeking the endorsement. It
is the responsibility of each employing school board
and regional office of education to provide
verification, in writing, to the State Superintendent
of Education at the time the application is submitted
that no qualified teacher holding a Professional
Educator License or an Educator License with
Stipulations with a career and technical educator
endorsement is available and that actual circumstances
require such issuance.
The provisional career and technical educator
endorsement on an Educator License with Stipulations
is valid until June 30 immediately following 5 years of
the endorsement being issued and may be renewed for 5
years. For individuals who were issued the provisional
career and technical educator endorsement on an
Educator License with Stipulations on or after January
1, 2015, the license may be renewed if the individual

passes a test of basic skills or test of work
proficiency, as required under Section 21B-30 of this
Code.
A part-time provisional career and technical
educator endorsement on an Educator License with
Stipulations may be issued for teaching no more than 2
courses of study for grades 6 through 12. The part-time
provisional career and technical educator endorsement
on an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed for 5 years
if the individual makes application for renewal.
An individual who holds a provisional or part-time
provisional career and technical educator endorsement
on an Educator License with Stipulations but does not
hold a bachelor's degree may substitute teach in career
and technical education classrooms.
(G) Transitional bilingual educator. A
transitional bilingual educator endorsement on an
Educator License with Stipulations may be issued for
the purpose of providing instruction in accordance
with Article 14C of this Code to an applicant who
provides satisfactory evidence that he or she meets all
of the following requirements:
(i) Possesses adequate speaking, reading, and
writing ability in the language other than English

in which transitional bilingual education is
offered.
(ii) Has the ability to successfully
communicate in English.
(iii) Either possessed, within 5 years
previous to his or her applying for a transitional
bilingual educator endorsement, a valid and
comparable teaching certificate or comparable
authorization issued by a foreign country or holds
a degree from an institution of higher learning in
a foreign country that the State Educator
Preparation and Licensure Board determines to be
the equivalent of a bachelor's degree from a
regionally accredited institution of higher
learning in the United States.
A transitional bilingual educator endorsement
shall be valid for prekindergarten through grade 12, is
valid until June 30 immediately following 5 years of
the endorsement being issued, and shall not be renewed.
Persons holding a transitional bilingual educator
endorsement shall not be employed to replace any
presently employed teacher who otherwise would not be
replaced for any reason.
(H) Language endorsement. In an effort to
alleviate the shortage of teachers speaking a language
other than English in the public schools, an individual

who holds an Educator License with Stipulations may
also apply for a language endorsement, provided that
the applicant provides satisfactory evidence that he
or she meets all of the following requirements:
(i) Holds a transitional bilingual
endorsement.
(ii) Has demonstrated proficiency in the
language for which the endorsement is to be issued
by passing the applicable language content test
required by the State Board of Education.
(iii) Holds a bachelor's degree or higher from
a regionally accredited institution of higher
education or, for individuals educated in a
country other than the United States, holds a
degree from an institution of higher learning in a
foreign country that the State Educator
Preparation and Licensure Board determines to be
the equivalent of a bachelor's degree from a
regionally accredited institution of higher
learning in the United States.
(iv) Has passed a test of basic skills, as
required under Section 21B-30 of this Code.
A language endorsement on an Educator License with
Stipulations is valid for prekindergarten through
grade 12 for the same validity period as the
individual's transitional bilingual educator

endorsement on the Educator License with Stipulations
and shall not be renewed.
(I) Visiting international educator. A visiting
international educator endorsement on an Educator
License with Stipulations may be issued to an
individual who is being recruited by a particular
school district that conducts formal recruitment
programs outside of the United States to secure the
services of qualified teachers and who meets all of the
following requirements:
(i) Holds the equivalent of a minimum of a
bachelor's degree issued in the United States.
(ii) Has been prepared as a teacher at the
grade level for which he or she will be employed.
(iii) Has adequate content knowledge in the
subject to be taught.
(iv) Has an adequate command of the English
language.
A holder of a visiting international educator
endorsement on an Educator License with Stipulations
shall be permitted to teach in bilingual education
programs in the language that was the medium of
instruction in his or her teacher preparation program,
provided that he or she passes the English Language
Proficiency Examination or another test of writing
skills in English identified by the State Board of

Education, in consultation with the State Educator
Preparation and Licensure Board.
A visiting international educator endorsement on
an Educator License with Stipulations is valid for 3
years and shall not be renewed.
(J) Paraprofessional educator. A paraprofessional
educator endorsement on an Educator License with
Stipulations may be issued to an applicant who holds a
high school diploma or its recognized equivalent and
either holds an associate's degree or a minimum of 60
semester hours of credit from a regionally accredited
institution of higher education or has passed a test of
basic skills required under Section 21B-30 of this
Code. The paraprofessional educator endorsement is
valid until June 30 immediately following 5 years of
the endorsement being issued and may be renewed through
application and payment of the appropriate fee, as
required under Section 21B-40 of this Code. An
individual who holds only a paraprofessional educator
endorsement is not subject to additional requirements
in order to renew the endorsement.
(K) Chief school business official. A chief school
business official endorsement on an Educator License
with Stipulations may be issued to an applicant who
qualifies by having a master's degree or higher, 2
years of full-time administrative experience in school

business management or 2 years of university-approved
practical experience, and a minimum of 24 semester
hours of graduate credit in a program approved by the
State Board of Education for the preparation of school
business administrators and by passage of the
applicable State tests, including a test of basic
skills and applicable content area test.
The chief school business official endorsement may
also be affixed to the Educator License with
Stipulations of any holder who qualifies by having a
master's degree in business administration, finance,
accounting, or public administration and who completes
an additional 6 semester hours of internship in school
business management from a regionally accredited
institution of higher education and passes the
applicable State tests, including a test of basic
skills and applicable content area test. This
endorsement shall be required for any individual
employed as a chief school business official.
The chief school business official endorsement on
an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed if the
license holder completes renewal requirements as
required for individuals who hold a Professional
Educator License endorsed for chief school business

official under Section 21B-45 of this Code and such
rules as may be adopted by the State Board of
Education.
The State Board of Education shall adopt any rules
necessary to implement Public Act 100-288 this
amendatory Act of the 100th General Assembly.
(L) Provisional in-state educator. A provisional
in-state educator endorsement on an Educator License
with Stipulations may be issued to a candidate who has
completed an Illinois-approved educator preparation
program at an Illinois institution of higher education
and who has not successfully completed an
evidence-based assessment of teacher effectiveness but
who meets all of the following requirements:
(i) Holds at least a bachelor's degree.
(ii) Has completed an approved educator
preparation program at an Illinois institution.
(iii) Has passed a test of basic skills and
applicable content area test, as required by
Section 21B-30 of this Code.
(iv) Has attempted an evidence-based
assessment of teacher effectiveness and received a
minimum score on that assessment, as established
by the State Board of Education in consultation
with the State Educator Preparation and Licensure
Board.

A provisional in-state educator endorsement on an
Educator License with Stipulations is valid for one
full fiscal year after the date of issuance and may not
be renewed.
(3) Substitute Teaching License. A Substitute Teaching
License may be issued to qualified applicants for
substitute teaching in all grades of the public schools,
prekindergarten through grade 12. Substitute Teaching
Licenses are not eligible for endorsements. Applicants for
a Substitute Teaching License must hold a bachelor's degree
or higher from a regionally accredited institution of
higher education.
Substitute Teaching Licenses are valid for 5 years.
Substitute Teaching Licenses are valid for substitute
teaching in every county of this State. If an individual
has had his or her Professional Educator License or
Educator License with Stipulations suspended or revoked or
has not met the renewal requirements for licensure, then
that individual is not eligible to obtain a Substitute
Teaching License.
A substitute teacher may only teach in the place of a
licensed teacher who is under contract with the employing
board. If, however, there is no licensed teacher under
contract because of an emergency situation, then a district
may employ a substitute teacher for no longer than 30
calendar days per each vacant position in the district if

the district notifies the appropriate regional office of
education within 5 business days after the employment of
the substitute teacher in the emergency situation. An
emergency situation is one in which an unforeseen vacancy
has occurred and (i) a teacher is unable to fulfill his or
her contractual duties or (ii) teacher capacity needs of
the district exceed previous indications, and the district
is actively engaged in advertising to hire a fully licensed
teacher for the vacant position.
There is no limit on the number of days that a
substitute teacher may teach in a single school district,
provided that no substitute teacher may teach for longer
than 90 school days for any one licensed teacher under
contract in the same school year. A substitute teacher who
holds a Professional Educator License or Educator License
with Stipulations shall not teach for more than 120 school
days for any one licensed teacher under contract in the
same school year. The limitations in this paragraph (3) on
the number of days a substitute teacher may be employed do
not apply to any school district operating under Article 34
of this Code.
(Source: P.A. 99-35, eff. 1-1-16; 99-58, eff. 7-16-15; 99-143,
eff. 7-27-15; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17; 100-8,
eff. 7-1-17; 100-13, eff. 7-1-17; 100-288, eff. 8-24-17;
revised 9-25-17.)

(105 ILCS 5/21B-25)
Sec. 21B-25. Endorsement on licenses. All licenses issued
under paragraph (1) of Section 21B-20 of this Code shall be
specifically endorsed by the State Board of Education for each
content area, school support area, and administrative area for
which the holder of the license is qualified. Recognized
institutions approved to offer educator preparation programs
shall be trained to add endorsements to licenses issued to
applicants who meet all of the requirements for the endorsement
or endorsements, including passing any required tests. The
State Superintendent of Education shall randomly audit
institutions to ensure that all rules and standards are being
followed for entitlement or when endorsements are being
recommended.
(1) The State Board of Education, in consultation with
the State Educator Preparation and Licensure Board, shall
establish, by rule, the grade level and subject area
endorsements to be added to the Professional Educator
License. These rules shall outline the requirements for
obtaining each endorsement.
(2) In addition to any and all grade level and content
area endorsements developed by rule, the State Board of
Education, in consultation with the State Educator
Preparation and Licensure Board, shall develop the
requirements for the following endorsements:
(A) General administrative endorsement. A general

administrative endorsement shall be added to a
Professional Educator License, provided that an
approved program has been completed. An individual
holding a general administrative endorsement may work
only as a principal or assistant principal or in a
related or similar position, as determined by the State
Superintendent of Education, in consultation with the
State Educator Preparation and Licensure Board.
Beginning on September 1, 2014, the general
administrative endorsement shall no longer be issued
except to individuals who completed all coursework
requirements for the receipt of the general
administrative endorsement by September 1, 2014, who
have completed all testing requirements by June 30,
2016, and who apply for the endorsement on or before
June 30, 2016. Individuals who hold a valid and
registered administrative certificate with a general
administrative endorsement issued under Section 21-7.1
of this Code or a Professional Educator License with a
general administrative endorsement issued prior to
September 1, 2014 and who have served for at least one
full year during the 5 years prior in a position
requiring a general administrative endorsement shall,
upon request to the State Board of Education and
through July 1, 2015, have their respective general
administrative endorsement converted to a principal

endorsement on the Professional Educator License.
Candidates shall not be admitted to an approved general
administrative preparation program after September 1,
2012.
All other individuals holding a valid and
registered administrative certificate with a general
administrative endorsement issued pursuant to Section
21-7.1 of this Code or a general administrative
endorsement on a Professional Educator License issued
prior to September 1, 2014 shall have the general
administrative endorsement converted to a principal
endorsement on a Professional Educator License upon
request to the State Board of Education and by
completing one of the following pathways:
(i) Passage of the State principal assessment
developed by the State Board of Education.
(ii) Through July 1, 2019, completion of an
Illinois Educators' Academy course designated by
the State Superintendent of Education.
(iii) Completion of a principal preparation
program established and approved pursuant to
Section 21B-60 of this Code and applicable rules.
Individuals who do not choose to convert the
general administrative endorsement on the
administrative certificate issued pursuant to Section
21-7.1 of this Code or on the Professional Educator

License shall continue to be able to serve in any
position previously allowed under paragraph (2) of
subsection (e) of Section 21-7.1 of this Code.
The general administrative endorsement on the
Professional Educator License is available only to
individuals who, prior to September 1, 2014, had such
an endorsement on the administrative certificate
issued pursuant to Section 21-7.1 of this Code or who
already have a Professional Educator License and have
completed a general administrative program and who do
not choose to convert the general administrative
endorsement to a principal endorsement pursuant to the
options in this Section.
(B) Principal endorsement. A principal endorsement
shall be affixed to a Professional Educator License of
any holder who qualifies by having all of the
following:
(i) Successful completion of a principal
preparation program approved in accordance with
Section 21B-60 of this Code and any applicable
rules.
(ii) At least 4 total years of teaching or 4
total years of working in the capacity of school
support personnel in an Illinois public school or
nonpublic school recognized by the State Board of
Education or in an out-of-state public school or

out-of-state nonpublic school meeting out-of-state
recognition standards comparable to those approved
by the State Superintendent of Education; however,
the State Board of Education, in consultation with
the State Educator Preparation and Licensure
Board, shall allow, by rules, for fewer than 4
years of experience based on meeting standards set
forth in such rules, including without limitation
a review of performance evaluations or other
evidence of demonstrated qualifications.
(iii) A master's degree or higher from a
regionally accredited college or university.
(C) Chief school business official endorsement. A
chief school business official endorsement shall be
affixed to the Professional Educator License of any
holder who qualifies by having a master's degree or
higher, 2 years of full-time administrative experience
in school business management or 2 years of
university-approved practical experience, and a
minimum of 24 semester hours of graduate credit in a
program approved by the State Board of Education for
the preparation of school business administrators and
by passage of the applicable State tests. The chief
school business official endorsement may also be
affixed to the Professional Educator License of any
holder who qualifies by having a master's degree in

business administration, finance, accounting, or
public administration and who completes an additional
6 semester hours of internship in school business
management from a regionally accredited institution of
higher education and passes the applicable State
tests. This endorsement shall be required for any
individual employed as a chief school business
official.
(D) Superintendent endorsement. A superintendent
endorsement shall be affixed to the Professional
Educator License of any holder who has completed a
program approved by the State Board of Education for
the preparation of superintendents of schools, has had
at least 2 years of experience employed full-time in a
general administrative position or as a full-time
principal, director of special education, or chief
school business official in the public schools or in a
State-recognized nonpublic school in which the chief
administrator is required to have the licensure
necessary to be a principal in a public school in this
State and where a majority of the teachers are required
to have the licensure necessary to be instructors in a
public school in this State, and has passed the
required State tests; or of any holder who has
completed a program that is not an Illinois-approved
educator preparation program at an Illinois

institution of higher education and that has
recognition standards comparable to those approved by
the State Superintendent of Education and holds the
general administrative, principal, or chief school
business official endorsement and who has had 2 years
of experience as a principal, director of special
education, or chief school business official while
holding a valid educator license or certificate
comparable in validity and educational and experience
requirements and has passed the appropriate State
tests, as provided in Section 21B-30 of this Code. The
superintendent endorsement shall allow individuals to
serve only as a superintendent or assistant
superintendent.
(E) Teacher leader endorsement. It shall be the
policy of this State to improve the quality of
instructional leaders by providing a career pathway
for teachers interested in serving in leadership
roles, but not as principals. The State Board of
Education, in consultation with the State Educator
Preparation and Licensure Board, may issue a teacher
leader endorsement under this subdivision (E). Persons
who meet and successfully complete the requirements of
the endorsement shall be issued a teacher leader
endorsement on the Professional Educator License for
serving in schools in this State. Teacher leaders may

qualify to serve in such positions as department
chairs, coaches, mentors, curriculum and instruction
leaders, or other leadership positions as defined by
the district. The endorsement shall be available to
those teachers who (i) hold a Professional Educator
License, (ii) hold a master's degree or higher from a
regionally accredited institution, (iii) have
completed a program of study that has been approved by
the State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, and
(iv) have successfully demonstrated competencies as
defined by rule.
A teacher who meets the requirements set forth in
this Section and holds a teacher leader endorsement may
evaluate teachers pursuant to Section 24A-5 of this
Code, provided that the individual has completed the
evaluation component required by Section 24A-3 of this
Code and a teacher leader is allowed to evaluate
personnel under the respective school district's
collective bargaining agreement.
The State Board of Education, in consultation with
the State Educator Preparation and Licensure Board,
may adopt such rules as may be necessary to establish
and implement the teacher leader endorsement program
and to specify the positions for which this endorsement
shall be required.

(F) Special education endorsement. A special
education endorsement in one or more areas shall be
affixed to a Professional Educator License for any
individual that meets those requirements established
by the State Board of Education in rules. Special
education endorsement areas shall include without
limitation the following:
(i) Learning Behavior Specialist I;
(ii) Learning Behavior Specialist II;
(iii) Speech Language Pathologist;
(iv) Blind or Visually Impaired;
(v) Deaf-Hard of Hearing;
(vi) Early Childhood Special Education; and
(vii) Director of Special Education.
Notwithstanding anything in this Code to the contrary,
the State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may
add additional areas of special education by rule.
(G) School support personnel endorsement. School
support personnel endorsement areas shall include, but
are not limited to, school counselor, marriage and
family therapist, school psychologist, school speech
and language pathologist, school nurse, and school
social worker. This endorsement is for individuals who
are not teachers or administrators, but still require
licensure to work in an instructional support position

in a public or State-operated elementary school,
secondary school, or cooperative or joint agreement
with a governing body or board of control or a charter
school operating in compliance with the Charter
Schools Law. The school support personnel endorsement
shall be affixed to the Professional Educator License
and shall meet all of the requirements established in
any rules adopted to implement this subdivision (G).
The holder of such an endorsement is entitled to all of
the rights and privileges granted holders of any other
Professional Educator License, including teacher
benefits, compensation, and working conditions.
Beginning on January 1, 2014 and ending on April
30, 2014, a person holding a Professional Educator
License with a school speech and language pathologist
(teaching) endorsement may exchange his or her school
speech and language pathologist (teaching) endorsement
for a school speech and language pathologist
(non-teaching) endorsement through application to the
State Board of Education. There shall be no cost for
this exchange.
(Source: P.A. 99-58, eff. 7-16-15; 99-623, eff. 7-22-16;
99-920, eff. 1-6-17; 100-13, eff. 7-1-17; 100-267, eff.
8-22-17; 100-288, eff. 8-24-17; revised 9-25-17.)
(105 ILCS 5/21B-30)

Sec. 21B-30. Educator testing.
(a) This Section applies beginning on July 1, 2012.
(b) The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, shall design
and implement a system of examinations, which shall be required
prior to the issuance of educator licenses. These examinations
and indicators must be based on national and State professional
teaching standards, as determined by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board. The State Board of Education may adopt
such rules as may be necessary to implement and administer this
Section.
(c) Applicants seeking a Professional Educator License or
an Educator License with Stipulations shall be required to pass
a test of basic skills before the license is issued, unless the
endorsement the individual is seeking does not require passage
of the test. All applicants completing Illinois-approved,
teacher education or school service personnel preparation
programs shall be required to pass the State Board of
Education's recognized test of basic skills prior to starting
their student teaching or starting the final semester of their
internship, unless required earlier at the discretion of the
recognized, Illinois institution in which they are completing
their approved program. An individual who passes a test of
basic skills does not need to do so again for subsequent
endorsements or other educator licenses.

(d) All applicants seeking a State license shall be
required to pass a test of content area knowledge for each area
of endorsement for which there is an applicable test. There
shall be no exception to this requirement. No candidate shall
be allowed to student teach or serve as the teacher of record
until he or she has passed the applicable content area test.
(e) (Blank). and completing their student teaching
experience no later than August 31, 2015 Prior to September 1,
2015, passage The APT shall be available through August 31,
2020.
(f) Except as otherwise provided in this Article, beginning
on September 1, 2015, all candidates completing teacher
preparation programs in this State and all candidates subject
to Section 21B-35 of this Code are required to pass an
evidence-based assessment of teacher effectiveness approved by
the State Board of Education, in consultation with the State
Educator Preparation and Licensure Board. All recognized
institutions offering approved teacher preparation programs
must begin phasing in the approved teacher performance
assessment no later than July 1, 2013.
(g) Tests of basic skills and content area knowledge and
the assessment of professional teaching shall be the tests that
from time to time are designated by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board, and may be tests prepared by an
educational testing organization or tests designed by the State

Board of Education, in consultation with the State Educator
Preparation and Licensure Board. The areas to be covered by a
test of basic skills shall include reading, language arts, and
mathematics. The test of content area knowledge shall assess
content knowledge in a specific subject field. The tests must
be designed to be racially neutral to ensure that no person
taking the tests is discriminated against on the basis of race,
color, national origin, or other factors unrelated to the
person's ability to perform as a licensed employee. The score
required to pass the tests shall be fixed by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board. The tests shall be administered not fewer
than 3 times a year at such time and place as may be designated
by the State Board of Education, in consultation with the State
Educator Preparation and Licensure Board.
The State Board shall implement a test or tests to assess
the speaking, reading, writing, and grammar skills of
applicants for an endorsement or a license issued under
subdivision (G) of paragraph (2) of Section 21B-20 of this Code
in the English language and in the language of the transitional
bilingual education program requested by the applicant.
(h) Except as provided in Section 34-6 of this Code, the
provisions of this Section shall apply equally in any school
district subject to Article 34 of this Code.
(i) The rules developed to implement and enforce the
testing requirements under this Section shall include without

limitation provisions governing test selection, test
validation and determination of a passing score,
administration of the tests, frequency of administration,
applicant fees, frequency of applicants taking the tests, the
years for which a score is valid, and appropriate special
accommodations. The State Board of Education shall develop such
rules as may be needed to ensure uniformity from year to year
in the level of difficulty for each form of an assessment.
(Source: P.A. 98-361, eff. 1-1-14; 98-581, eff. 8-27-13;
98-756, eff. 7-16-14; 99-58, eff. 7-16-15; 99-657, eff.
7-28-16; 99-920, eff. 1-6-17; revised 1-23-17.)
(105 ILCS 5/21B-45)
Sec. 21B-45. Professional Educator License renewal.
(a) Individuals holding a Professional Educator License
are required to complete the licensure renewal requirements as
specified in this Section, unless otherwise provided in this
Code.
Individuals holding a Professional Educator License shall
meet the renewal requirements set forth in this Section, unless
otherwise provided in this Code. If an individual holds a
license endorsed in more than one area that has different
renewal requirements, that individual shall follow the renewal
requirements for the position for which he or she spends the
majority of his or her time working.
(b) All Professional Educator Licenses not renewed as

provided in this Section shall lapse on September 1 of that
year. Notwithstanding any other provisions of this Section, if
a license holder's electronic mail address is available, the
State Board of Education shall send him or her notification
electronically that his or her license will lapse if not
renewed, to be sent no more than 6 months prior to the license
lapsing. Lapsed licenses may be immediately reinstated upon (i)
payment by the applicant of a $500 penalty to the State Board
of Education or (ii) the demonstration of proficiency by
completing 9 semester hours of coursework from a regionally
accredited institution of higher education in the content area
that most aligns with one or more of the educator's endorsement
areas. Any and all back fees, including without limitation
registration fees owed from the time of expiration of the
license until the date of reinstatement, shall be paid and kept
in accordance with the provisions in Article 3 of this Code
concerning an institute fund and the provisions in Article 21B
of this Code concerning fees and requirements for registration.
Licenses not registered in accordance with Section 21B-40 of
this Code shall lapse after a period of 6 months from the
expiration of the last year of registration or on January 1 of
the fiscal year following initial issuance of the license. An
unregistered license is invalid after September 1 for
employment and performance of services in an Illinois public or
State-operated school or cooperative and in a charter school.
Any license or endorsement may be voluntarily surrendered by

the license holder. A voluntarily surrendered license, except a
substitute teaching license issued under Section 21B-20 of this
Code, shall be treated as a revoked license. An Educator
License with Stipulations with only a paraprofessional
endorsement does not lapse.
(c) From July 1, 2013 through June 30, 2014, in order to
satisfy the requirements for licensure renewal provided for in
this Section, each professional educator licensee with an
administrative endorsement who is working in a position
requiring such endorsement shall complete one Illinois
Administrators' Academy course, as described in Article 2 of
this Code, per fiscal year.
(d) Beginning July 1, 2014, in order to satisfy the
requirements for licensure renewal provided for in this
Section, each professional educator licensee may create a
professional development plan each year. The plan shall address
one or more of the endorsements that are required of his or her
educator position if the licensee is employed and performing
services in an Illinois public or State-operated school or
cooperative. If the licensee is employed in a charter school,
the plan shall address that endorsement or those endorsements
most closely related to his or her educator position. Licensees
employed and performing services in any other Illinois schools
may participate in the renewal requirements by adhering to the
same process.
Except as otherwise provided in this Section, the

licensee's professional development activities shall align
with one or more of the following criteria:
(1) activities are of a type that engage participants
over a sustained period of time allowing for analysis,
discovery, and application as they relate to student
learning, social or emotional achievement, or well-being;
(2) professional development aligns to the licensee's
performance;
(3) outcomes for the activities must relate to student
growth or district improvement;
(4) activities align to State-approved standards; and
(5) higher education coursework.
(e) For each renewal cycle, each professional educator
licensee shall engage in professional development activities.
Prior to renewal, the licensee shall enter electronically into
the Educator Licensure Information System (ELIS) the name,
date, and location of the activity, the number of professional
development hours, and the provider's name. The following
provisions shall apply concerning professional development
activities:
(1) Each licensee shall complete a total of 120 hours
of professional development per 5-year renewal cycle in
order to renew the license, except as otherwise provided in
this Section.
(2) Beginning with his or her first full 5-year cycle,
any licensee with an administrative endorsement who is not

working in a position requiring such endorsement is not
required to complete Illinois Administrators' Academy
courses, as described in Article 2 of this Code. Such
licensees must complete one Illinois Administrators'
Academy course within one year after returning to a
position that requires the administrative endorsement.
(3) Any licensee with an administrative endorsement
who is working in a position requiring such endorsement or
an individual with a Teacher Leader endorsement serving in
an administrative capacity at least 50% of the day shall
complete one Illinois Administrators' Academy course, as
described in Article 2 of this Code, each fiscal year in
addition to 100 hours of professional development per
5-year renewal cycle in accordance with this Code.
(4) Any licensee holding a current National Board for
Professional Teaching Standards (NBPTS) master teacher
designation shall complete a total of 60 hours of
professional development per 5-year renewal cycle in order
to renew the license.
(5) Licensees working in a position that does not
require educator licensure or working in a position for
less than 50% for any particular year are considered to be
exempt and shall be required to pay only the registration
fee in order to renew and maintain the validity of the
license.
(6) Licensees who are retired and qualify for benefits

from a State retirement system shall notify the State Board
of Education using ELIS, and the license shall be
maintained in retired status. For any renewal cycle in
which a licensee retires during the renewal cycle, the
licensee must complete professional development activities
on a prorated basis depending on the number of years during
the renewal cycle the educator held an active license. If a
licensee retires during a renewal cycle, the licensee must
notify the State Board of Education using ELIS that the
licensee wishes to maintain the license in retired status
and must show proof of completion of professional
development activities on a prorated basis for all years of
that renewal cycle for which the license was active. An
individual with a license in retired status shall not be
required to complete professional development activities
or pay registration fees until returning to a position that
requires educator licensure. Upon returning to work in a
position that requires the Professional Educator License,
the licensee shall immediately pay a registration fee and
complete renewal requirements for that year. A license in
retired status cannot lapse. Beginning on January 6, 2017
(the effective date of Public Act 99-920) through December
31, 2017, any licensee who has retired and whose license
has lapsed for failure to renew as provided in this Section
may reinstate that license and maintain it in retired
status upon providing proof to the State Board of Education

using ELIS that the licensee is retired and is not working
in a position that requires a Professional Educator
License.
(7) For any renewal cycle in which professional
development hours were required, but not fulfilled, the
licensee shall complete any missed hours to total the
minimum professional development hours required in this
Section prior to September 1 of that year. For any fiscal
year or renewal cycle in which an Illinois Administrators'
Academy course was required but not completed, the licensee
shall complete any missed Illinois Administrators' Academy
courses prior to September 1 of that year. The licensee may
complete all deficient hours and Illinois Administrators'
Academy courses while continuing to work in a position that
requires that license until September 1 of that year.
(8) Any licensee who has not fulfilled the professional
development renewal requirements set forth in this Section
at the end of any 5-year renewal cycle is ineligible to
register his or her license and may submit an appeal to the
State Superintendent of Education for reinstatement of the
license.
(9) If professional development opportunities were
unavailable to a licensee, proof that opportunities were
unavailable and request for an extension of time beyond
August 31 to complete the renewal requirements may be
submitted from April 1 through June 30 of that year to the

State Educator Preparation and Licensure Board. If an
extension is approved, the license shall remain valid
during the extension period.
(10) Individuals who hold exempt licenses prior to
December 27, 2013 (the effective date of Public Act 98-610)
shall commence the annual renewal process with the first
scheduled registration due after December 27, 2013 (the
effective date of Public Act 98-610).
(11) Notwithstanding any other provision of this
subsection (e), if a licensee earns more than the required
number of professional development hours during a renewal
cycle, then the licensee may carry over any hours earned
from April 1 through June 30 of the last year of the
renewal cycle. Any hours carried over in this manner must
be applied to the next renewal cycle. Illinois
Administrators' Academy courses or hours earned in those
courses may not be carried over.
(f) At the time of renewal, each licensee shall respond to
the required questions under penalty of perjury.
(g) The following entities shall be designated as approved
to provide professional development activities for the renewal
of Professional Educator Licenses:
(1) The State Board of Education.
(2) Regional offices of education and intermediate
service centers.
(3) Illinois professional associations representing

the following groups that are approved by the State
Superintendent of Education:
(A) school administrators;
(B) principals;
(C) school business officials;
(D) teachers, including special education
teachers;
(E) school boards;
(F) school districts;
(G) parents; and
(H) school service personnel.
(4) Regionally accredited institutions of higher
education that offer Illinois-approved educator
preparation programs and public community colleges subject
to the Public Community College Act.
(5) Illinois public school districts, charter schools
authorized under Article 27A of this Code, and joint
educational programs authorized under Article 10 of this
Code for the purposes of providing career and technical
education or special education services.
(6) A not-for-profit organization that, as of December
31, 2014 (the effective date of Public Act 98-1147), has
had or has a grant from or a contract with the State Board
of Education to provide professional development services
in the area of English Learning to Illinois school
districts, teachers, or administrators.

(7) State agencies, State boards, and State
commissions.
(8) Museums as defined in Section 10 of the Museum
Disposition of Property Act.
(h) Approved providers under subsection (g) of this Section
shall make available professional development opportunities
that satisfy at least one of the following:
(1) increase the knowledge and skills of school and
district leaders who guide continuous professional
development;
(2) improve the learning of students;
(3) organize adults into learning communities whose
goals are aligned with those of the school and district;
(4) deepen educator's content knowledge;
(5) provide educators with research-based
instructional strategies to assist students in meeting
rigorous academic standards;
(6) prepare educators to appropriately use various
types of classroom assessments;
(7) use learning strategies appropriate to the
intended goals;
(8) provide educators with the knowledge and skills to
collaborate; or
(9) prepare educators to apply research to
decision-making.
(i) Approved providers under subsection (g) of this Section

shall do the following:
(1) align professional development activities to the
State-approved national standards for professional
learning;
(2) meet the professional development criteria for
Illinois licensure renewal;
(3) produce a rationale for the activity that explains
how it aligns to State standards and identify the
assessment for determining the expected impact on student
learning or school improvement;
(4) maintain original documentation for completion of
activities; and
(5) provide license holders with evidence of
completion of activities.
(j) The State Board of Education shall conduct annual
audits of a subset of approved providers, except for school
districts, which shall be audited by regional offices of
education and intermediate service centers. Each approved
provider, except for school districts, that is audited by a
regional office of education or intermediate service center
must be audited at least once every 5 years. The State Board of
Education shall complete random audits of licensees.
(1) Approved providers shall annually submit to the
State Board of Education a list of subcontractors used for
delivery of professional development activities for which
renewal credit was issued and other information as defined

by rule.
(2) Approved providers shall annually submit data to
the State Board of Education demonstrating how the
professional development activities impacted one or more
of the following:
(A) educator and student growth in regards to
content knowledge or skills, or both;
(B) educator and student social and emotional
growth; or
(C) alignment to district or school improvement
plans.
(3) The State Superintendent of Education shall review
the annual data collected by the State Board of Education,
regional offices of education, and intermediate service
centers in audits to determine if the approved provider has
met the criteria and should continue to be an approved
provider or if further action should be taken as provided
in rules.
(k) Registration fees shall be paid for the next renewal
cycle between April 1 and June 30 in the last year of each
5-year renewal cycle using ELIS. If all required professional
development hours for the renewal cycle have been completed and
entered by the licensee, the licensee shall pay the
registration fees for the next cycle using a form of credit or
debit card.
(l) Any professional educator licensee endorsed for school

support personnel who is employed and performing services in
Illinois public schools and who holds an active and current
professional license issued by the Department of Financial and
Professional Regulation or a national certification board, as
approved by the State Board of Education, related to the
endorsement areas on the Professional Educator License shall be
deemed to have satisfied the continuing professional
development requirements provided for in this Section. Such
individuals shall be required to pay only registration fees to
renew the Professional Educator License. An individual who does
not hold a license issued by the Department of Financial and
Professional Regulation shall complete professional
development requirements for the renewal of a Professional
Educator License provided for in this Section.
(m) Appeals to the State Educator Preparation and Licensure
Board must be made within 30 days after receipt of notice from
the State Superintendent of Education that a license will not
be renewed based upon failure to complete the requirements of
this Section. A licensee may appeal that decision to the State
Educator Preparation and Licensure Board in a manner prescribed
by rule.
(1) Each appeal shall state the reasons why the State
Superintendent's decision should be reversed and shall be
sent by certified mail, return receipt requested, to the
State Board of Education.
(2) The State Educator Preparation and Licensure Board

shall review each appeal regarding renewal of a license
within 90 days after receiving the appeal in order to
determine whether the licensee has met the requirements of
this Section. The State Educator Preparation and Licensure
Board may hold an appeal hearing or may make its
determination based upon the record of review, which shall
consist of the following:
(A) the regional superintendent of education's
rationale for recommending nonrenewal of the license,
if applicable;
(B) any evidence submitted to the State
Superintendent along with the individual's electronic
statement of assurance for renewal; and
(C) the State Superintendent's rationale for
nonrenewal of the license.
(3) The State Educator Preparation and Licensure Board
shall notify the licensee of its decision regarding license
renewal by certified mail, return receipt requested, no
later than 30 days after reaching a decision. Upon receipt
of notification of renewal, the licensee, using ELIS, shall
pay the applicable registration fee for the next cycle
using a form of credit or debit card.
(n) The State Board of Education may adopt rules as may be
necessary to implement this Section.
(Source: P.A. 99-58, eff. 7-16-15; 99-130, eff. 7-24-15;
99-591, eff. 1-1-17; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17;

100-13, eff. 7-1-17; 100-339, eff. 8-25-17; revised 9-22-17.)
(105 ILCS 5/22-80)
Sec. 22-80. Student athletes; concussions and head
injuries.
(a) The General Assembly recognizes all of the following:
(1) Concussions are one of the most commonly reported
injuries in children and adolescents who participate in
sports and recreational activities. The Centers for
Disease Control and Prevention estimates that as many as
3,900,000 sports-related and recreation-related
concussions occur in the United States each year. A
concussion is caused by a blow or motion to the head or
body that causes the brain to move rapidly inside the
skull. The risk of catastrophic injuries or death are
significant when a concussion or head injury is not
properly evaluated and managed.
(2) Concussions are a type of brain injury that can
range from mild to severe and can disrupt the way the brain
normally works. Concussions can occur in any organized or
unorganized sport or recreational activity and can result
from a fall or from players colliding with each other, the
ground, or with obstacles. Concussions occur with or
without loss of consciousness, but the vast majority of
concussions occur without loss of consciousness.
(3) Continuing to play with a concussion or symptoms of

a head injury leaves a young athlete especially vulnerable
to greater injury and even death. The General Assembly
recognizes that, despite having generally recognized
return-to-play standards for concussions and head
injuries, some affected youth athletes are prematurely
returned to play, resulting in actual or potential physical
injury or death to youth athletes in this State.
(4) Student athletes who have sustained a concussion
may need informal or formal accommodations, modifications
of curriculum, and monitoring by medical or academic staff
until the student is fully recovered. To that end, all
schools are encouraged to establish a return-to-learn
protocol that is based on peer-reviewed scientific
evidence consistent with Centers for Disease Control and
Prevention guidelines and conduct baseline testing for
student athletes.
(b) In this Section:
"Athletic trainer" means an athletic trainer licensed
under the Illinois Athletic Trainers Practice Act who is
working under the supervision of a physician.
"Coach" means any volunteer or employee of a school who is
responsible for organizing and supervising students to teach
them or train them in the fundamental skills of an
interscholastic athletic activity. "Coach" refers to both head
coaches and assistant coaches.
"Concussion" means a complex pathophysiological process

affecting the brain caused by a traumatic physical force or
impact to the head or body, which may include temporary or
prolonged altered brain function resulting in physical,
cognitive, or emotional symptoms or altered sleep patterns and
which may or may not involve a loss of consciousness.
"Department" means the Department of Financial and
Professional Regulation.
"Game official" means a person who officiates at an
interscholastic athletic activity, such as a referee or umpire,
including, but not limited to, persons enrolled as game
officials by the Illinois High School Association or Illinois
Elementary School Association.
"Interscholastic athletic activity" means any organized
school-sponsored or school-sanctioned activity for students,
generally outside of school instructional hours, under the
direction of a coach, athletic director, or band leader,
including, but not limited to, baseball, basketball,
cheerleading, cross country track, fencing, field hockey,
football, golf, gymnastics, ice hockey, lacrosse, marching
band, rugby, soccer, skating, softball, swimming and diving,
tennis, track (indoor and outdoor), ultimate Frisbee,
volleyball, water polo, and wrestling. All interscholastic
athletics are deemed to be interscholastic activities.
"Licensed healthcare professional" means a person who has
experience with concussion management and who is a nurse, a
psychologist who holds a license under the Clinical

Psychologist Licensing Act and specializes in the practice of
neuropsychology, a physical therapist licensed under the
Illinois Physical Therapy Act, an occupational therapist
licensed under the Illinois Occupational Therapy Practice Act,
a physician assistant, or an athletic trainer.
"Nurse" means a person who is employed by or volunteers at
a school and is licensed under the Nurse Practice Act as a
registered nurse, practical nurse, or advanced practice
registered nurse.
"Physician" means a physician licensed to practice
medicine in all of its branches under the Medical Practice Act
of 1987.
"Physician assistant" means a physician assistant licensed
under the Physician Assistant Practice Act of 1987.
"School" means any public or private elementary or
secondary school, including a charter school.
"Student" means an adolescent or child enrolled in a
school.
(c) This Section applies to any interscholastic athletic
activity, including practice and competition, sponsored or
sanctioned by a school, the Illinois Elementary School
Association, or the Illinois High School Association. This
Section applies beginning with the 2016-2017 school year.
(d) The governing body of each public or charter school and
the appropriate administrative officer of a private school with
students enrolled who participate in an interscholastic

athletic activity shall appoint or approve a concussion
oversight team. Each concussion oversight team shall establish
a return-to-play protocol, based on peer-reviewed scientific
evidence consistent with Centers for Disease Control and
Prevention guidelines, for a student's return to
interscholastic athletics practice or competition following a
force or impact believed to have caused a concussion. Each
concussion oversight team shall also establish a
return-to-learn protocol, based on peer-reviewed scientific
evidence consistent with Centers for Disease Control and
Prevention guidelines, for a student's return to the classroom
after that student is believed to have experienced a
concussion, whether or not the concussion took place while the
student was participating in an interscholastic athletic
activity.
Each concussion oversight team must include to the extent
practicable at least one physician. If a school employs an
athletic trainer, the athletic trainer must be a member of the
school concussion oversight team to the extent practicable. If
a school employs a nurse, the nurse must be a member of the
school concussion oversight team to the extent practicable. At
a minimum, a school shall appoint a person who is responsible
for implementing and complying with the return-to-play and
return-to-learn protocols adopted by the concussion oversight
team. At a minimum, a concussion oversight team may be composed
of only one person and this person need not be a licensed

healthcare professional, but it may not be a coach. A school
may appoint other licensed healthcare professionals to serve on
the concussion oversight team.
(e) A student may not participate in an interscholastic
athletic activity for a school year until the student and the
student's parent or guardian or another person with legal
authority to make medical decisions for the student have signed
a form for that school year that acknowledges receiving and
reading written information that explains concussion
prevention, symptoms, treatment, and oversight and that
includes guidelines for safely resuming participation in an
athletic activity following a concussion. The form must be
approved by the Illinois High School Association.
(f) A student must be removed from an interscholastic
athletics practice or competition immediately if one of the
following persons believes the student might have sustained a
concussion during the practice or competition:
(1) a coach;
(2) a physician;
(3) a game official;
(4) an athletic trainer;
(5) the student's parent or guardian or another person
with legal authority to make medical decisions for the
student;
(6) the student; or
(7) any other person deemed appropriate under the

school's return-to-play protocol.
(g) A student removed from an interscholastic athletics
practice or competition under this Section may not be permitted
to practice or compete again following the force or impact
believed to have caused the concussion until:
(1) the student has been evaluated, using established
medical protocols based on peer-reviewed scientific
evidence consistent with Centers for Disease Control and
Prevention guidelines, by a treating physician (chosen by
the student or the student's parent or guardian or another
person with legal authority to make medical decisions for
the student), an athletic trainer, an advanced practice
registered nurse, or a physician assistant;
(2) the student has successfully completed each
requirement of the return-to-play protocol established
under this Section necessary for the student to return to
play;
(3) the student has successfully completed each
requirement of the return-to-learn protocol established
under this Section necessary for the student to return to
learn;
(4) the treating physician, the athletic trainer, or
the physician assistant has provided a written statement
indicating that, in the physician's professional judgment,
it is safe for the student to return to play and return to
learn or the treating advanced practice registered nurse

has provided a written statement indicating that it is safe
for the student to return to play and return to learn; and
(5) the student and the student's parent or guardian or
another person with legal authority to make medical
decisions for the student:
(A) have acknowledged that the student has
completed the requirements of the return-to-play and
return-to-learn protocols necessary for the student to
return to play;
(B) have provided the treating physician's,
athletic trainer's, advanced practice registered
nurse's, or physician assistant's written statement
under subdivision (4) of this subsection (g) to the
person responsible for compliance with the
return-to-play and return-to-learn protocols under
this subsection (g) and the person who has supervisory
responsibilities under this subsection (g); and
(C) have signed a consent form indicating that the
person signing:
(i) has been informed concerning and consents
to the student participating in returning to play
in accordance with the return-to-play and
return-to-learn protocols;
(ii) understands the risks associated with the
student returning to play and returning to learn
and will comply with any ongoing requirements in

the return-to-play and return-to-learn protocols;
and
(iii) consents to the disclosure to
appropriate persons, consistent with the federal
Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191), of the treating
physician's, athletic trainer's, physician
assistant's, or advanced practice registered
nurse's written statement under subdivision (4) of
this subsection (g) and, if any, the
return-to-play and return-to-learn recommendations
of the treating physician, the athletic trainer,
the physician assistant, or the advanced practice
registered nurse, as the case may be.
A coach of an interscholastic athletics team may not
authorize a student's return to play or return to learn.
The district superintendent or the superintendent's
designee in the case of a public elementary or secondary
school, the chief school administrator or that person's
designee in the case of a charter school, or the appropriate
administrative officer or that person's designee in the case of
a private school shall supervise an athletic trainer or other
person responsible for compliance with the return-to-play
protocol and shall supervise the person responsible for
compliance with the return-to-learn protocol. The person who
has supervisory responsibilities under this paragraph may not

be a coach of an interscholastic athletics team.
(h)(1) The Illinois High School Association shall approve,
for coaches, game officials, and non-licensed healthcare
professionals, training courses that provide for not less than
2 hours of training in the subject matter of concussions,
including evaluation, prevention, symptoms, risks, and
long-term effects. The Association shall maintain an updated
list of individuals and organizations authorized by the
Association to provide the training.
(2) The following persons must take a training course in
accordance with paragraph (4) of this subsection (h) from an
authorized training provider at least once every 2 years:
(A) a coach of an interscholastic athletic activity;
(B) a nurse, licensed healthcare professional, or
non-licensed healthcare professional who serves as a
member of a concussion oversight team either on a volunteer
basis or in his or her capacity as an employee,
representative, or agent of a school; and
(C) a game official of an interscholastic athletic
activity.
(3) A physician who serves as a member of a concussion
oversight team shall, to the greatest extent practicable,
periodically take an appropriate continuing medical education
course in the subject matter of concussions.
(4) For purposes of paragraph (2) of this subsection (h):
(A) a coach, game official, or non-licensed healthcare

professional, as the case may be, must take a course
described in paragraph (1) of this subsection (h);
(B) an athletic trainer must take a concussion-related
continuing education course from an athletic trainer
continuing education sponsor approved by the Department;
(C) a nurse must take a concussion-related continuing
education course from a nurse continuing education sponsor
approved by the Department;
(D) a physical therapist must take a
concussion-related continuing education course from a
physical therapist continuing education sponsor approved
by the Department;
(E) a psychologist must take a concussion-related
continuing education course from a psychologist continuing
education sponsor approved by the Department;
(F) an occupational therapist must take a
concussion-related continuing education course from an
occupational therapist continuing education sponsor
approved by the Department; and
(G) a physician assistant must take a
concussion-related continuing education course from a
physician assistant continuing education sponsor approved
by the Department.
(5) Each person described in paragraph (2) of this
subsection (h) must submit proof of timely completion of an
approved course in compliance with paragraph (4) of this

subsection (h) to the district superintendent or the
superintendent's designee in the case of a public elementary or
secondary school, the chief school administrator or that
person's designee in the case of a charter school, or the
appropriate administrative officer or that person's designee
in the case of a private school.
(6) A physician, licensed healthcare professional, or
non-licensed healthcare professional who is not in compliance
with the training requirements under this subsection (h) may
not serve on a concussion oversight team in any capacity.
(7) A person required under this subsection (h) to take a
training course in the subject of concussions must complete the
training prior to serving on a concussion oversight team in any
capacity.
(i) The governing body of each public or charter school and
the appropriate administrative officer of a private school with
students enrolled who participate in an interscholastic
athletic activity shall develop a school-specific emergency
action plan for interscholastic athletic activities to address
the serious injuries and acute medical conditions in which the
condition of the student may deteriorate rapidly. The plan
shall include a delineation of roles, methods of communication,
available emergency equipment, and access to and a plan for
emergency transport. This emergency action plan must be:
(1) in writing;
(2) reviewed by the concussion oversight team;

(3) approved by the district superintendent or the
superintendent's designee in the case of a public
elementary or secondary school, the chief school
administrator or that person's designee in the case of a
charter school, or the appropriate administrative officer
or that person's designee in the case of a private school;
(4) distributed to all appropriate personnel;
(5) posted conspicuously at all venues utilized by the
school; and
(6) reviewed annually by all athletic trainers, first
responders, coaches, school nurses, athletic directors,
and volunteers for interscholastic athletic activities.
(j) The State Board of Education may adopt rules as
necessary to administer this Section.
(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;
99-642, eff. 7-28-16; 100-309, eff. 9-1-17; 100-513, eff.
1-1-18; revised 9-22-17.)
(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
Sec. 26-1. Compulsory school age; exemptions
age-Exemptions. Whoever has custody or control of any child (i)
between the ages of 7 and 17 years (unless the child has
already graduated from high school) for school years before the
2014-2015 school year or (ii) between the ages of 6 (on or
before September 1) and 17 years (unless the child has already
graduated from high school) beginning with the 2014-2015 school

year shall cause such child to attend some public school in the
district wherein the child resides the entire time it is in
session during the regular school term, except as provided in
Section 10-19.1, and during a required summer school program
established under Section 10-22.33B; provided, that the
following children shall not be required to attend the public
schools:
1. Any child attending a private or a parochial school
where children are taught the branches of education taught
to children of corresponding age and grade in the public
schools, and where the instruction of the child in the
branches of education is in the English language;
2. Any child who is physically or mentally unable to
attend school, such disability being certified to the
county or district truant officer by a competent physician
licensed in Illinois to practice medicine and surgery in
all its branches, a chiropractic physician licensed under
the Medical Practice Act of 1987, a licensed advanced
practice registered nurse, a licensed physician assistant,
or a Christian Science practitioner residing in this State
and listed in the Christian Science Journal; or who is
excused for temporary absence for cause by the principal or
teacher of the school which the child attends; the
exemptions in this paragraph (2) do not apply to any female
who is pregnant or the mother of one or more children,
except where a female is unable to attend school due to a

complication arising from her pregnancy and the existence
of such complication is certified to the county or district
truant officer by a competent physician;
3. Any child necessarily and lawfully employed
according to the provisions of the law regulating child
labor may be excused from attendance at school by the
county superintendent of schools or the superintendent of
the public school which the child should be attending, on
certification of the facts by and the recommendation of the
school board of the public school district in which the
child resides. In districts having part-time part time
continuation schools, children so excused shall attend
such schools at least 8 hours each week;
4. Any child over 12 and under 14 years of age while in
attendance at confirmation classes;
5. Any child absent from a public school on a
particular day or days or at a particular time of day for
the reason that he is unable to attend classes or to
participate in any examination, study or work requirements
on a particular day or days or at a particular time of day,
because the tenets of his religion forbid secular activity
on a particular day or days or at a particular time of day.
Each school board shall prescribe rules and regulations
relative to absences for religious holidays including, but
not limited to, a list of religious holidays on which it
shall be mandatory to excuse a child; but nothing in this

paragraph 5 shall be construed to limit the right of any
school board, at its discretion, to excuse an absence on
any other day by reason of the observance of a religious
holiday. A school board may require the parent or guardian
of a child who is to be excused from attending school due
to the observance of a religious holiday to give notice,
not exceeding 5 days, of the child's absence to the school
principal or other school personnel. Any child excused from
attending school under this paragraph 5 shall not be
required to submit a written excuse for such absence after
returning to school;
6. Any child 16 years of age or older who (i) submits
to a school district evidence of necessary and lawful
employment pursuant to paragraph 3 of this Section and (ii)
is enrolled in a graduation incentives program pursuant to
Section 26-16 of this Code or an alternative learning
opportunities program established pursuant to Article 13B
of this Code;
7. A child in any of grades 6 through 12 absent from a
public school on a particular day or days or at a
particular time of day for the purpose of sounding "Taps"
at a military honors funeral held in this State for a
deceased veteran. In order to be excused under this
paragraph 7, the student shall notify the school's
administration at least 2 days prior to the date of the
absence and shall provide the school's administration with

the date, time, and location of the military honors
funeral. The school's administration may waive this 2-day
notification requirement if the student did not receive at
least 2 days advance notice, but the student shall notify
the school's administration as soon as possible of the
absence. A student whose absence is excused under this
paragraph 7 shall be counted as if the student attended
school for purposes of calculating the average daily
attendance of students in the school district. A student
whose absence is excused under this paragraph 7 must be
allowed a reasonable time to make up school work missed
during the absence. If the student satisfactorily
completes the school work, the day of absence shall be
counted as a day of compulsory attendance and he or she may
not be penalized for that absence; and
8. Any child absent from a public school on a
particular day or days or at a particular time of day for
the reason that his or her parent or legal guardian is an
active duty member of the uniformed services and has been
called to duty for, is on leave from, or has immediately
returned from deployment to a combat zone or combat-support
postings. Such a student shall be granted 5 days of excused
absences in any school year and, at the discretion of the
school board, additional excused absences to visit the
student's parent or legal guardian relative to such leave
or deployment of the parent or legal guardian. In the case

of excused absences pursuant to this paragraph 8, the
student and parent or legal guardian shall be responsible
for obtaining assignments from the student's teacher prior
to any period of excused absence and for ensuring that such
assignments are completed by the student prior to his or
her return to school from such period of excused absence.
(Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17;
100-185, eff. 8-18-17; 100-513, eff. 1-1-18; revised 9-22-17.)
(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
Sec. 27-8.1. Health examinations and immunizations.
(1) In compliance with rules and regulations which the
Department of Public Health shall promulgate, and except as
hereinafter provided, all children in Illinois shall have a
health examination as follows: within one year prior to
entering kindergarten or the first grade of any public,
private, or parochial elementary school; upon entering the
sixth and ninth grades of any public, private, or parochial
school; prior to entrance into any public, private, or
parochial nursery school; and, irrespective of grade,
immediately prior to or upon entrance into any public, private,
or parochial school or nursery school, each child shall present
proof of having been examined in accordance with this Section
and the rules and regulations promulgated hereunder. Any child
who received a health examination within one year prior to
entering the fifth grade for the 2007-2008 school year is not

required to receive an additional health examination in order
to comply with the provisions of Public Act 95-422 when he or
she attends school for the 2008-2009 school year, unless the
child is attending school for the first time as provided in
this paragraph.
A tuberculosis skin test screening shall be included as a
required part of each health examination included under this
Section if the child resides in an area designated by the
Department of Public Health as having a high incidence of
tuberculosis. Additional health examinations of pupils,
including eye examinations, may be required when deemed
necessary by school authorities. Parents are encouraged to have
their children undergo eye examinations at the same points in
time required for health examinations.
(1.5) In compliance with rules adopted by the Department of
Public Health and except as otherwise provided in this Section,
all children in kindergarten and the second and sixth grades of
any public, private, or parochial school shall have a dental
examination. Each of these children shall present proof of
having been examined by a dentist in accordance with this
Section and rules adopted under this Section before May 15th of
the school year. If a child in the second or sixth grade fails
to present proof by May 15th, the school may hold the child's
report card until one of the following occurs: (i) the child
presents proof of a completed dental examination or (ii) the
child presents proof that a dental examination will take place

within 60 days after May 15th. The Department of Public Health
shall establish, by rule, a waiver for children who show an
undue burden or a lack of access to a dentist. Each public,
private, and parochial school must give notice of this dental
examination requirement to the parents and guardians of
students at least 60 days before May 15th of each school year.
(1.10) Except as otherwise provided in this Section, all
children enrolling in kindergarten in a public, private, or
parochial school on or after January 1, 2008 (the effective
date of Public Act 95-671) this amendatory Act of the 95th
General Assembly and any student enrolling for the first time
in a public, private, or parochial school on or after January
1, 2008 (the effective date of Public Act 95-671) this
amendatory Act of the 95th General Assembly shall have an eye
examination. Each of these children shall present proof of
having been examined by a physician licensed to practice
medicine in all of its branches or a licensed optometrist
within the previous year, in accordance with this Section and
rules adopted under this Section, before October 15th of the
school year. If the child fails to present proof by October
15th, the school may hold the child's report card until one of
the following occurs: (i) the child presents proof of a
completed eye examination or (ii) the child presents proof that
an eye examination will take place within 60 days after October
15th. The Department of Public Health shall establish, by rule,
a waiver for children who show an undue burden or a lack of

access to a physician licensed to practice medicine in all of
its branches who provides eye examinations or to a licensed
optometrist. Each public, private, and parochial school must
give notice of this eye examination requirement to the parents
and guardians of students in compliance with rules of the
Department of Public Health. Nothing in this Section shall be
construed to allow a school to exclude a child from attending
because of a parent's or guardian's failure to obtain an eye
examination for the child.
(2) The Department of Public Health shall promulgate rules
and regulations specifying the examinations and procedures
that constitute a health examination, which shall include an
age-appropriate developmental screening, an age-appropriate
social and emotional screening, and the collection of data
relating to asthma and obesity (including at a minimum, date of
birth, gender, height, weight, blood pressure, and date of
exam), and a dental examination and may recommend by rule that
certain additional examinations be performed. The rules and
regulations of the Department of Public Health shall specify
that a tuberculosis skin test screening shall be included as a
required part of each health examination included under this
Section if the child resides in an area designated by the
Department of Public Health as having a high incidence of
tuberculosis. With respect to the developmental screening and
the social and emotional screening, the Department of Public
Health must develop rules and appropriate revisions to the

Child Health Examination form in conjunction with a statewide
organization representing school boards; a statewide
organization representing pediatricians; statewide
organizations representing individuals holding Illinois
educator licenses with school support personnel endorsements,
including school social workers, school psychologists, and
school nurses; a statewide organization representing
children's mental health experts; a statewide organization
representing school principals; the Director of Healthcare and
Family Services or his or her designee, the State
Superintendent of Education or his or her designee; and
representatives of other appropriate State agencies and, at a
minimum, must recommend the use of validated screening tools
appropriate to the child's age or grade, and, with regard to
the social and emotional screening, require recording only
whether or not the screening was completed. The rules shall
take into consideration the screening recommendations of the
American Academy of Pediatrics and must be consistent with the
State Board of Education's social and emotional learning
standards. The Department of Public Health shall specify that a
diabetes screening as defined by rule shall be included as a
required part of each health examination. Diabetes testing is
not required.
Physicians licensed to practice medicine in all of its
branches, licensed advanced practice registered nurses, or
licensed physician assistants shall be responsible for the

performance of the health examinations, other than dental
examinations, eye examinations, and vision and hearing
screening, and shall sign all report forms required by
subsection (4) of this Section that pertain to those portions
of the health examination for which the physician, advanced
practice registered nurse, or physician assistant is
responsible. If a registered nurse performs any part of a
health examination, then a physician licensed to practice
medicine in all of its branches must review and sign all
required report forms. Licensed dentists shall perform all
dental examinations and shall sign all report forms required by
subsection (4) of this Section that pertain to the dental
examinations. Physicians licensed to practice medicine in all
its branches or licensed optometrists shall perform all eye
examinations required by this Section and shall sign all report
forms required by subsection (4) of this Section that pertain
to the eye examination. For purposes of this Section, an eye
examination shall at a minimum include history, visual acuity,
subjective refraction to best visual acuity near and far,
internal and external examination, and a glaucoma evaluation,
as well as any other tests or observations that in the
professional judgment of the doctor are necessary. Vision and
hearing screening tests, which shall not be considered
examinations as that term is used in this Section, shall be
conducted in accordance with rules and regulations of the
Department of Public Health, and by individuals whom the

Department of Public Health has certified. In these rules and
regulations, the Department of Public Health shall require that
individuals conducting vision screening tests give a child's
parent or guardian written notification, before the vision
screening is conducted, that states, "Vision screening is not a
substitute for a complete eye and vision evaluation by an eye
doctor. Your child is not required to undergo this vision
screening if an optometrist or ophthalmologist has completed
and signed a report form indicating that an examination has
been administered within the previous 12 months.".
(2.5) With respect to the developmental screening and the
social and emotional screening portion of the health
examination, each child may present proof of having been
screened in accordance with this Section and the rules adopted
under this Section before October 15th of the school year. With
regard to the social and emotional screening only, the
examining health care provider shall only record whether or not
the screening was completed. If the child fails to present
proof of the developmental screening or the social and
emotional screening portions of the health examination by
October 15th of the school year, qualified school support
personnel may, with a parent's or guardian's consent, offer the
developmental screening or the social and emotional screening
to the child. Each public, private, and parochial school must
give notice of the developmental screening and social and
emotional screening requirements to the parents and guardians

of students in compliance with the rules of the Department of
Public Health. Nothing in this Section shall be construed to
allow a school to exclude a child from attending because of a
parent's or guardian's failure to obtain a developmental
screening or a social and emotional screening for the child.
Once a developmental screening or a social and emotional
screening is completed and proof has been presented to the
school, the school may, with a parent's or guardian's consent,
make available appropriate school personnel to work with the
parent or guardian, the child, and the provider who signed the
screening form to obtain any appropriate evaluations and
services as indicated on the form and in other information and
documentation provided by the parents, guardians, or provider.
(3) Every child shall, at or about the same time as he or
she receives a health examination required by subsection (1) of
this Section, present to the local school proof of having
received such immunizations against preventable communicable
diseases as the Department of Public Health shall require by
rules and regulations promulgated pursuant to this Section and
the Communicable Disease Prevention Act.
(4) The individuals conducting the health examination,
dental examination, or eye examination shall record the fact of
having conducted the examination, and such additional
information as required, including for a health examination
data relating to asthma and obesity (including at a minimum,
date of birth, gender, height, weight, blood pressure, and date

of exam), on uniform forms which the Department of Public
Health and the State Board of Education shall prescribe for
statewide use. The examiner shall summarize on the report form
any condition that he or she suspects indicates a need for
special services, including for a health examination factors
relating to asthma or obesity. The duty to summarize on the
report form does not apply to social and emotional screenings.
The confidentiality of the information and records relating to
the developmental screening and the social and emotional
screening shall be determined by the statutes, rules, and
professional ethics governing the type of provider conducting
the screening. The individuals confirming the administration
of required immunizations shall record as indicated on the form
that the immunizations were administered.
(5) If a child does not submit proof of having had either
the health examination or the immunization as required, then
the child shall be examined or receive the immunization, as the
case may be, and present proof by October 15 of the current
school year, or by an earlier date of the current school year
established by a school district. To establish a date before
October 15 of the current school year for the health
examination or immunization as required, a school district must
give notice of the requirements of this Section 60 days prior
to the earlier established date. If for medical reasons one or
more of the required immunizations must be given after October
15 of the current school year, or after an earlier established

date of the current school year, then the child shall present,
by October 15, or by the earlier established date, a schedule
for the administration of the immunizations and a statement of
the medical reasons causing the delay, both the schedule and
the statement being issued by the physician, advanced practice
registered nurse, physician assistant, registered nurse, or
local health department that will be responsible for
administration of the remaining required immunizations. If a
child does not comply by October 15, or by the earlier
established date of the current school year, with the
requirements of this subsection, then the local school
authority shall exclude that child from school until such time
as the child presents proof of having had the health
examination as required and presents proof of having received
those required immunizations which are medically possible to
receive immediately. During a child's exclusion from school for
noncompliance with this subsection, the child's parents or
legal guardian shall be considered in violation of Section 26-1
and subject to any penalty imposed by Section 26-10. This
subsection (5) does not apply to dental examinations, eye
examinations, and the developmental screening and the social
and emotional screening portions of the health examination. If
the student is an out-of-state transfer student and does not
have the proof required under this subsection (5) before
October 15 of the current year or whatever date is set by the
school district, then he or she may only attend classes (i) if

he or she has proof that an appointment for the required
vaccinations has been scheduled with a party authorized to
submit proof of the required vaccinations. If the proof of
vaccination required under this subsection (5) is not submitted
within 30 days after the student is permitted to attend
classes, then the student is not to be permitted to attend
classes until proof of the vaccinations has been properly
submitted. No school district or employee of a school district
shall be held liable for any injury or illness to another
person that results from admitting an out-of-state transfer
student to class that has an appointment scheduled pursuant to
this subsection (5).
(6) Every school shall report to the State Board of
Education by November 15, in the manner which that agency shall
require, the number of children who have received the necessary
immunizations and the health examination (other than a dental
examination or eye examination) as required, indicating, of
those who have not received the immunizations and examination
as required, the number of children who are exempt from health
examination and immunization requirements on religious or
medical grounds as provided in subsection (8). On or before
December 1 of each year, every public school district and
registered nonpublic school shall make publicly available the
immunization data they are required to submit to the State
Board of Education by November 15. The immunization data made
publicly available must be identical to the data the school

district or school has reported to the State Board of
Education.
Every school shall report to the State Board of Education
by June 30, in the manner that the State Board requires, the
number of children who have received the required dental
examination, indicating, of those who have not received the
required dental examination, the number of children who are
exempt from the dental examination on religious grounds as
provided in subsection (8) of this Section and the number of
children who have received a waiver under subsection (1.5) of
this Section.
Every school shall report to the State Board of Education
by June 30, in the manner that the State Board requires, the
number of children who have received the required eye
examination, indicating, of those who have not received the
required eye examination, the number of children who are exempt
from the eye examination as provided in subsection (8) of this
Section, the number of children who have received a waiver
under subsection (1.10) of this Section, and the total number
of children in noncompliance with the eye examination
requirement.
The reported information under this subsection (6) shall be
provided to the Department of Public Health by the State Board
of Education.
(7) Upon determining that the number of pupils who are
required to be in compliance with subsection (5) of this

Section is below 90% of the number of pupils enrolled in the
school district, 10% of each State aid payment made pursuant to
Section 18-8.05 or 18-8.15 to the school district for such year
may be withheld by the State Board of Education until the
number of students in compliance with subsection (5) is the
applicable specified percentage or higher.
(8) Children of parents or legal guardians who object to
health, dental, or eye examinations or any part thereof, to
immunizations, or to vision and hearing screening tests on
religious grounds shall not be required to undergo the
examinations, tests, or immunizations to which they so object
if such parents or legal guardians present to the appropriate
local school authority a signed Certificate of Religious
Exemption detailing the grounds for objection and the specific
immunizations, tests, or examinations to which they object. The
grounds for objection must set forth the specific religious
belief that conflicts with the examination, test,
immunization, or other medical intervention. The signed
certificate shall also reflect the parent's or legal guardian's
understanding of the school's exclusion policies in the case of
a vaccine-preventable disease outbreak or exposure. The
certificate must also be signed by the authorized examining
health care provider responsible for the performance of the
child's health examination confirming that the provider
provided education to the parent or legal guardian on the
benefits of immunization and the health risks to the student

and to the community of the communicable diseases for which
immunization is required in this State. However, the health
care provider's signature on the certificate reflects only that
education was provided and does not allow a health care
provider grounds to determine a religious exemption. Those
receiving immunizations required under this Code shall be
provided with the relevant vaccine information statements that
are required to be disseminated by the federal National
Childhood Vaccine Injury Act of 1986, which may contain
information on circumstances when a vaccine should not be
administered, prior to administering a vaccine. A healthcare
provider may consider including without limitation the
nationally accepted recommendations from federal agencies such
as the Advisory Committee on Immunization Practices, the
information outlined in the relevant vaccine information
statement, and vaccine package inserts, along with the
healthcare provider's clinical judgment, to determine whether
any child may be more susceptible to experiencing an adverse
vaccine reaction than the general population, and, if so, the
healthcare provider may exempt the child from an immunization
or adopt an individualized immunization schedule. The
Certificate of Religious Exemption shall be created by the
Department of Public Health and shall be made available and
used by parents and legal guardians by the beginning of the
2015-2016 school year. Parents or legal guardians must submit
the Certificate of Religious Exemption to their local school

authority prior to entering kindergarten, sixth grade, and
ninth grade for each child for which they are requesting an
exemption. The religious objection stated need not be directed
by the tenets of an established religious organization.
However, general philosophical or moral reluctance to allow
physical examinations, eye examinations, immunizations, vision
and hearing screenings, or dental examinations does not provide
a sufficient basis for an exception to statutory requirements.
The local school authority is responsible for determining if
the content of the Certificate of Religious Exemption
constitutes a valid religious objection. The local school
authority shall inform the parent or legal guardian of
exclusion procedures, in accordance with the Department's
rules under Part 690 of Title 77 of the Illinois Administrative
Code, at the time the objection is presented.
If the physical condition of the child is such that any one
or more of the immunizing agents should not be administered,
the examining physician, advanced practice registered nurse,
or physician assistant responsible for the performance of the
health examination shall endorse that fact upon the health
examination form.
Exempting a child from the health, dental, or eye
examination does not exempt the child from participation in the
program of physical education training provided in Sections
27-5 through 27-7 of this Code.
(9) For the purposes of this Section, "nursery schools"

means those nursery schools operated by elementary school
systems or secondary level school units or institutions of
higher learning.
(Source: P.A. 99-173, eff. 7-29-15; 99-249, eff. 8-3-15;
99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-238, eff.
1-1-18; 100-465, eff. 8-31-17; 100-513, eff. 1-1-18; revised
9-22-17.)
(105 ILCS 5/27A-5)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. Beginning
on April 16, 2003 (the effective date of Public Act 93-3), in
all new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the charter
school shall be limited to one campus. The changes made to this
Section by Public Act 93-3 do not apply to charter schools
existing or approved on or before April 16, 2003 (the effective
date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means

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

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

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

governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code regarding
criminal history records checks and checks of the Statewide
Sex Offender Database and Statewide Murderer and Violent
Offender Against Youth Database of applicants for
employment;
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school report
cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code; and

(12) Sections 10-20.60 and 34-18.53 of this Code; .
(13) (12) Sections 10-20.63 10-20.60 and 34-18.56
34-18.53 of this Code; and .
(14) (12) Section 26-18 of this Code.
The change made by Public Act 96-104 to this subsection (g)
is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after April
16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection (i)
of this Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter

school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or
grade level.
(k) If the charter school is approved by the Commission,
then the Commission charter school is its own local education
agency.
(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
1-1-18; 100-468, eff. 6-1-18; revised 9-25-17.)
(105 ILCS 5/29-5) (from Ch. 122, par. 29-5)

Sec. 29-5. Reimbursement by State for transportation. Any
school district, maintaining a school, transporting resident
pupils to another school district's vocational program,
offered through a joint agreement approved by the State Board
of Education, as provided in Section 10-22.22 or transporting
its resident pupils to a school which meets the standards for
recognition as established by the State Board of Education
which provides transportation meeting the standards of safety,
comfort, convenience, efficiency and operation prescribed by
the State Board of Education for resident pupils in
kindergarten or any of grades 1 through 12 who: (a) reside at
least 1 1/2 miles as measured by the customary route of travel,
from the school attended; or (b) reside in areas where
conditions are such that walking constitutes a hazard to the
safety of the child when determined under Section 29-3; and (c)
are transported to the school attended from pick-up points at
the beginning of the school day and back again at the close of
the school day or transported to and from their assigned
attendance centers during the school day, shall be reimbursed
by the State as hereinafter provided in this Section.
The State will pay the cost of transporting eligible pupils
less the prior year assessed valuation in a dual school
district maintaining secondary grades 9 to 12 inclusive times a
qualifying rate of .05%; in elementary school districts
maintaining grades K to 8 times a qualifying rate of .06%; and
in unit districts maintaining grades K to 12, including

optional elementary unit districts and combined high school -
unit districts, times a qualifying rate of .07%; provided that
for optional elementary unit districts and combined high school -
unit districts, prior year assessed valuation for high school
purposes, as defined in Article 11E of this Code, must be used.
To be eligible to receive reimbursement in excess of 4/5 of the
cost to transport eligible pupils, a school district shall have
a Transportation Fund tax rate of at least .12%. If a school
district does not have a .12% Transportation Fund tax rate, the
amount of its claim in excess of 4/5 of the cost of
transporting pupils shall be reduced by the sum arrived at by
subtracting the Transportation Fund tax rate from .12% and
multiplying that amount by the district's prior year equalized
or assessed valuation, provided, that in no case shall said
reduction result in reimbursement of less than 4/5 of the cost
to transport eligible pupils.
The minimum amount to be received by a district is $16
times the number of eligible pupils transported.
When calculating the reimbursement for transportation
costs, the State Board of Education may not deduct the number
of pupils enrolled in early education programs from the number
of pupils eligible for reimbursement if the pupils enrolled in
the early education programs are transported at the same time
as other eligible pupils.
Any such district transporting resident pupils during the
school day to an area vocational school or another school

district's vocational program more than 1 1/2 miles from the
school attended, as provided in Sections 10-22.20a and
10-22.22, shall be reimbursed by the State for 4/5 of the cost
of transporting eligible pupils.
School day means that period of time during which the pupil
is required to be in attendance for instructional purposes.
If a pupil is at a location within the school district
other than his residence for child care purposes at the time
for transportation to school, that location may be considered
for purposes of determining the 1 1/2 miles from the school
attended.
Claims for reimbursement that include children who attend
any school other than a public school shall show the number of
such children transported.
Claims for reimbursement under this Section shall not be
paid for the transportation of pupils for whom transportation
costs are claimed for payment under other Sections of this Act.
The allowable direct cost of transporting pupils for
regular, vocational, and special education pupil
transportation shall be limited to the sum of the cost of
physical examinations required for employment as a school bus
driver; the salaries of full-time full or part-time drivers and
school bus maintenance personnel; employee benefits excluding
Illinois municipal retirement payments, social security
payments, unemployment insurance payments and workers'
compensation insurance premiums; expenditures to independent

carriers who operate school buses; payments to other school
districts for pupil transportation services; pre-approved
contractual expenditures for computerized bus scheduling;
expenditures for housing assistance and homeless prevention
under Sections 1-17 and 1-18 of the Education for Homeless
Children Act that are not in excess of the school district's
actual costs for providing transportation services and are not
otherwise claimed in another State or federal grant that
permits those costs to a parent, a legal guardian, any other
person who enrolled a pupil, or a homeless assistance agency
that is part of the federal McKinney-Vento Homeless Assistance
Act's continuum of care for the area in which the district is
located; the cost of gasoline, oil, tires, and other supplies
necessary for the operation of school buses; the cost of
converting buses' gasoline engines to more fuel efficient
engines or to engines which use alternative energy sources; the
cost of travel to meetings and workshops conducted by the
regional superintendent or the State Superintendent of
Education pursuant to the standards established by the
Secretary of State under Section 6-106 of the Illinois Vehicle
Code to improve the driving skills of school bus drivers; the
cost of maintenance of school buses including parts and
materials used; expenditures for leasing transportation
vehicles, except interest and service charges; the cost of
insurance and licenses for transportation vehicles;
expenditures for the rental of transportation equipment; plus a

depreciation allowance of 20% for 5 years for school buses and
vehicles approved for transporting pupils to and from school
and a depreciation allowance of 10% for 10 years for other
transportation equipment so used. Each school year, if a school
district has made expenditures to the Regional Transportation
Authority or any of its service boards, a mass transit
district, or an urban transportation district under an
intergovernmental agreement with the district to provide for
the transportation of pupils and if the public transit carrier
received direct payment for services or passes from a school
district within its service area during the 2000-2001 school
year, then the allowable direct cost of transporting pupils for
regular, vocational, and special education pupil
transportation shall also include the expenditures that the
district has made to the public transit carrier. In addition to
the above allowable costs school districts shall also claim all
transportation supervisory salary costs, including Illinois
municipal retirement payments, and all transportation related
building and building maintenance costs without limitation.
Special education allowable costs shall also include
expenditures for the salaries of attendants or aides for that
portion of the time they assist special education pupils while
in transit and expenditures for parents and public carriers for
transporting special education pupils when pre-approved by the
State Superintendent of Education.
Indirect costs shall be included in the reimbursement claim

for districts which own and operate their own school buses.
Such indirect costs shall include administrative costs, or any
costs attributable to transporting pupils from their
attendance centers to another school building for
instructional purposes. No school district which owns and
operates its own school buses may claim reimbursement for
indirect costs which exceed 5% of the total allowable direct
costs for pupil transportation.
The State Board of Education shall prescribe uniform
regulations for determining the above standards and shall
prescribe forms of cost accounting and standards of determining
reasonable depreciation. Such depreciation shall include the
cost of equipping school buses with the safety features
required by law or by the rules, regulations and standards
promulgated by the State Board of Education, and the Department
of Transportation for the safety and construction of school
buses provided, however, any equipment cost reimbursed by the
Department of Transportation for equipping school buses with
such safety equipment shall be deducted from the allowable cost
in the computation of reimbursement under this Section in the
same percentage as the cost of the equipment is depreciated.
On or before August 15, annually, the chief school
administrator for the district shall certify to the State
Superintendent of Education the district's claim for
reimbursement for the school year ending on June 30 next
preceding. The State Superintendent of Education shall check

and approve the claims and prepare the vouchers showing the
amounts due for district reimbursement claims. Each fiscal
year, the State Superintendent of Education shall prepare and
transmit the first 3 vouchers to the Comptroller on the 30th
day of September, December and March, respectively, and the
final voucher, no later than June 20.
If the amount appropriated for transportation
reimbursement is insufficient to fund total claims for any
fiscal year, the State Board of Education shall reduce each
school district's allowable costs and flat grant amount
proportionately to make total adjusted claims equal the total
amount appropriated.
For purposes of calculating claims for reimbursement under
this Section for any school year beginning July 1, 1998, or
thereafter, the equalized assessed valuation for a school
district used to compute reimbursement shall be computed in the
same manner as it is computed under paragraph (2) of subsection
(G) of Section 18-8.05.
All reimbursements received from the State shall be
deposited into the district's transportation fund or into the
fund from which the allowable expenditures were made.
Notwithstanding any other provision of law, any school
district receiving a payment under this Section or under
Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
classify all or a portion of the funds that it receives in a
particular fiscal year or from general State aid pursuant to

Section 18-8.05 of this Code as funds received in connection
with any funding program for which it is entitled to receive
funds from the State in that fiscal year (including, without
limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district
may not classify more funds as funds received in connection
with the funding program than the district is entitled to
receive in that fiscal year for that program. Any
classification by a district must be made by a resolution of
its board of education. The resolution must identify the amount
of any payments or general State aid to be classified under
this paragraph and must specify the funding program to which
the funds are to be treated as received in connection
therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of
the resolution must be sent to the State Superintendent of
Education. The resolution shall still take effect even though a
copy of the resolution has not been sent to the State
Superintendent of Education in a timely manner. No
classification under this paragraph by a district shall affect
the total amount or timing of money the district is entitled to
receive under this Code. No classification under this paragraph
by a district shall in any way relieve the district from or
affect any requirements that otherwise would apply with respect
to that funding program, including any accounting of funds by
source, reporting expenditures by original source and purpose,

reporting requirements, or requirements of providing services.
Any school district with a population of not more than
500,000 must deposit all funds received under this Article into
the transportation fund and use those funds for the provision
of transportation services.
(Source: P.A. 100-332, eff. 8-25-17; 100-465, eff. 8-31-17;
revised 9-22-17.)
(105 ILCS 5/32-7.3) (from Ch. 122, par. 32-7.3)
Sec. 32-7.3. Depositaries. The governing body of any
special charter district, when requested by the treasurer or
custodian of the funds of the district, shall designate one or
more banks or savings and loan associations in which the funds
in the custody of the treasurer or custodian may be kept. A
bank or savings and loan association designated as a depositary
shall continue as such until 10 days have elapsed after a new
depositary is designated and has qualified by furnishing the
statements of resources and liabilities as is required by this
Section. When a new depositary is designated, the board of
education or other governing body shall notify the sureties of
the treasurer or custodian of that fact, in writing, at least 5
days before the transfer of funds. The treasurer or custodian
shall be discharged from responsibility for all funds which he
deposits in a depositary so designated while such funds are so
deposited.
No bank or savings and loan association shall receive

public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to Section
6 of the Public Funds Investment Act "An Act relating to
certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541; revised 9-25-17.)
(105 ILCS 5/34-18.53)
Sec. 34-18.53. Breastfeeding accommodations for pupils.
(a) Each public school shall provide reasonable
accommodations to a lactating pupil on a school campus to
express breast milk, breastfeed an infant child, or address
other needs related to breastfeeding. Reasonable
accommodations under this Section include, but are not limited
to, all of the following:
(1) Access to a private and secure room, other than a
restroom, to express breast milk or breastfeed an infant
child.
(2) Permission to bring onto a school campus a breast
pump and any other equipment used to express breast milk.
(3) Access to a power source for a breast pump or any
other equipment used to express breast milk.
(4) Access to a place to store expressed breast milk
safely.
(b) A lactating pupil on a school campus must be provided a
reasonable amount of time to accommodate her need to express

breast milk or breastfeed an infant child.
(c) A public school shall provide the reasonable
accommodations specified in subsections (a) and (b) of this
Section only if there is at least one lactating pupil on the
school campus.
(d) A public school may use an existing facility to meet
the requirements specified in subsection (a) of this Section.
(e) A pupil may not incur an academic penalty as a result
of her use, during the school day, of the reasonable
accommodations specified in this Section and must be provided
the opportunity to make up any work missed due to such use.
(f) In instances where a student files a complaint of
noncompliance with the requirements of this Section, the public
school shall implement the grievance procedure of 23 Ill. Adm.
Code 200, including appeals procedures.
(Source: P.A. 100-29, eff. 1-1-18.)
(105 ILCS 5/34-18.54)
Sec. 34-18.54 34-18.53. Implicit bias training.
(a) The General Assembly makes the following findings:
(1) implicit racial bias influences evaluations of and
behavior toward those who are the subject of the bias;
(2) understanding implicit racial bias is needed in
order to reduce that bias;
(3) marginalized students would benefit from having
access to educators who have worked to reduce their biases;

and
(4) training that helps educators overcome implicit
racial bias has implication for classroom interactions,
student evaluation, and classroom engagement; it also
affects student academic self-concept.
(b) The board shall require in-service training for school
personnel to include training to develop cultural competency,
including understanding and reducing implicit racial bias.
(c) As used in this Section, "implicit racial bias" means a
preference, positive or negative, for a racial or ethnic group
that operates outside of awareness. This bias has 3 different
components: affective, behavioral, and cognitive.
(Source: P.A. 100-14, eff. 7-1-17; revised 10-21-17.)
(105 ILCS 5/34-18.55)
Sec. 34-18.55 34-18.53. Dual enrollment and dual credit
notification. The board shall require the district's high
schools to inform all 11th and 12th grade students of dual
enrollment and dual credit opportunities at public community
colleges for qualified students.
(Source: P.A. 100-133, eff. 1-1-18; revised 10-21-17.)
(105 ILCS 5/34-18.56)
Sec. 34-18.56 34-18.53. Availability of feminine hygiene
products.
(a) The General Assembly finds the following:

(1) Feminine hygiene products are a health care
necessity and not an item that can be foregone or
substituted easily.
(2) Access to feminine hygiene products is a serious
and ongoing need in this State.
(3) When students do not have access to affordable
feminine hygiene products, they may miss multiple days of
school every month.
(4) When students have access to quality feminine
hygiene products, they are able to continue with their
daily lives with minimal interruption.
(b) In this Section:
"Feminine hygiene products" means tampons and sanitary
napkins for use in connection with the menstrual cycle.
"School building" means any facility (i) that is owned or
leased by the school district or over which the board has care,
custody, and control and (ii) in which there is a public school
serving students in grades 6 through 12.
(c) The school district shall make feminine hygiene
products available, at no cost to students, in the bathrooms of
school buildings.
(Source: P.A. 100-163, eff. 1-1-18; revised 10-21-17.)
(105 ILCS 5/34-18.57)
Sec. 34-18.57 34-18.53. Booking stations on school
grounds.

(a) There shall be no student booking station established
or maintained on the grounds of any school.
(b) This prohibition shall be applied to student booking
stations only, as defined in this Section. The prohibition does
not prohibit or affect the establishment or maintenance of any
place operated by or under the control of law enforcement
personnel, school resource officers, or other security
personnel that does not also qualify as a student booking
station as defined in paragraph (2) of subsection (d) of this
Section. The prohibition does not affect or limit the powers
afforded law enforcement officers to perform their duties
within schools as otherwise prescribed by law.
(c) When the underlying suspected or alleged criminal act
is an act of violence, and isolation of a student or students
is deemed necessary to the interest of public safety, and no
other location is adequate for secure isolation of the student
or students, offices as described in paragraph (1) of
subsection (d) of this Section may be employed to detain
students for a period no longer than that required to alleviate
that threat to public safety.
(d) As used in this Section, "student booking station"
means a building, office, room, or any indefinitely established
space or site, mobile or fixed, which operates concurrently as:
(1) predominantly or regularly a place of operation for
a municipal police department, county sheriff department,
or other law enforcement agency, or under the primary

control thereof; and
(2) a site at which students are detained in connection
with criminal charges or allegations against those
students, taken into custody, or engaged with law
enforcement personnel in any process that creates a law
enforcement record of that contact with law enforcement
personnel or processes.
(Source: P.A. 100-204, eff. 8-18-17; revised 10-21-17.)
(105 ILCS 5/34-18.58)
Sec. 34-18.58 34-18.53. School social worker. The board may
employ school social workers who have graduated with a master's
or higher degree in social work from an accredited graduate
school of social work and have such additional qualifications
as may be required by the State Board of Education and who hold
a Professional Educator License with a school support personnel
endorsement for school social work pursuant to Section 21B-25
of this Code. Only persons so licensed and endorsed may use the
title "school social worker". A school social worker may
provide individual and group services to the general student
population and to students with disabilities pursuant to
Article 14 of this Code and rules set forth in 23 Ill. Adm.
Code 226, Special Education, adopted by the State Board of
Education and may provide support and consultation to
administrators, teachers, and other school personnel
consistent with their professional qualifications and the

provisions of this Code and other applicable laws. The school
district may employ a sufficient number of school social
workers to address the needs of their students and schools and
may maintain the nationally recommended student-to-school
social worker ratio of 250 to 1. A school social worker may not
provide such services outside his or her employment to any
student in the district or districts that employ the school
social worker.
(Source: P.A. 100-356, eff. 8-25-17; revised 10-21-17.)
(105 ILCS 5/34-18.59)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 34-18.59 34-18.53. School-grown produce. The school
district may serve students produce grown and harvested by
students in school-owned facilities utilizing hydroponics or
aeroponics or in school-owned or community gardens if the soil
and compost in which the produce is grown meets the standards
adopted in 35 Ill. Adm. Code 830.503, if applicable, and the
produce is served in accordance with the standards adopted in
77 Ill. Adm. Code 750.
(Source: P.A. 100-505, eff. 6-1-18; revised 10-21-17.)
Section 285. The Education for Homeless Children Act is
amended by changing Section 1-20 as follows:

(105 ILCS 45/1-20)
Sec. 1-20. Enrollment. If the parents or guardians of a
homeless child or youth choose to enroll the child in a school
other than the school of origin, that school immediately shall
enroll the homeless child or youth even if the child or youth
is unable to produce records normally required for enrollment,
such as previous academic records, medical records, proof of
residency, or other documentation. Nothing in this Section
subsection shall prohibit school districts from requiring
parents or guardians of a homeless child to submit an address
or such other contact information as the district may require
from parents or guardians of nonhomeless children. It shall be
the duty of the enrolling school to immediately contact the
school last attended by the child or youth to obtain relevant
academic and other records. If the child or youth must obtain
immunizations, it shall be the duty of the enrolling school to
promptly refer the child or youth for those immunizations.
(Source: P.A. 88-634, eff. 1-1-95; 88-686, eff. 1-24-95;
revised 9-25-17.)
Section 290. The Public Community College Act is amended by
changing Section 3-20.5 as follows:
(110 ILCS 805/3-20.5) (from Ch. 122, par. 103-20.5)
Sec. 3-20.5. (a) The board of each community college
district shall ascertain, as near as practicable, annually, how

much money must be raised by special tax for educational
purposes and for operations and maintenance of facilities
purposes for the next ensuing year. Such amounts shall be
certified and returned to the county clerk on or before the
last Tuesday in December, annually. The certificate shall be
signed by the chairman and secretary, and may be in the
following form:
CERTIFICATE OF TAX LEVY
We hereby certify that we require the sum of .... dollars
to be levied as a special tax for educational purposes, and the
sum of .... dollars to be levied as a special tax for
operations and maintenance of facilities purposes, on the
equalized assessed value of the taxable property of our
district, for the year (insert year).
Signed on (insert date).
A .... B ...., Chairman
C .... D ...., Secretary
Community College Dist. No. ...., .... County (or Counties)
An amended certificate may be filed by the community
college board within 10 days of receipt of official
notification from the county clerk of the multiplier that will
be applied to assessed value of the taxable property of the
district, provided such multiplier will alter the amount of
revenue received by the district from either local or State
sources.

A failure by the board to file the certificate with the
county clerk in the time required shall not vitiate the
assessment.
(Source: P.A. 91-357, eff. 7-29-99; revised 11-8-17.)
Section 295. The Nursing Education Scholarship Law is
amended by changing Section 3 as follows:
(110 ILCS 975/3) (from Ch. 144, par. 2753)
Sec. 3. Definitions. The following terms, whenever used or
referred to, have the following meanings except where the
context clearly indicates otherwise:
(1) "Board" means the Board of Higher Education created by
the Board of Higher Education Act.
(2) "Department" means the Illinois Department of Public
Health.
(3) "Approved institution" means a public community
college, private junior college, hospital-based diploma in
nursing program, or public or private college or university
with a pre-licensure nursing education program located in this
State that has approval by the Department of Financial and
Professional Regulation for an associate degree in nursing
program, associate degree in applied sciences in nursing
program, hospital-based diploma in nursing program,
baccalaureate degree in nursing program, graduate degree in
nursing program, or certificate in a practical nursing program

or a post-licensure nursing education program approved by the
Illinois Board of Higher Education or any successor agency with
similar authority.
(4) "Baccalaureate degree in nursing program" means a
program offered by an approved institution and leading to a
bachelor of science degree in nursing.
(5) "Enrollment" means the establishment and maintenance
of an individual's status as a student in an approved
institution, regardless of the terms used at the institution to
describe such status.
(6) "Academic year" means the period of time from September
1 of one year through August 31 of the next year or as
otherwise defined by the academic institution.
(7) "Associate degree in nursing program or hospital-based
diploma in nursing program" means a program offered by an
approved institution and leading to an associate degree in
nursing, associate degree in applied sciences in nursing, or
hospital-based diploma in nursing.
(8) "Graduate degree in nursing program" means a program
offered by an approved institution and leading to a master of
science degree in nursing or a doctorate of philosophy or
doctorate of nursing degree in nursing.
(9) "Director" means the Director of the Illinois
Department of Public Health.
(10) "Accepted for admission" means a student has completed
the requirements for entry into an associate degree in nursing

program, associate degree in applied sciences in nursing
program, hospital-based diploma in nursing program,
baccalaureate degree in nursing program, graduate degree in
nursing program, or certificate in practical nursing program at
an approved institution, as documented by the institution.
(11) "Fees" means those mandatory charges, in addition to
tuition, that all enrolled students must pay, including
required course or lab fees.
(12) "Full-time student" means a student enrolled for at
least 12 hours per term or as otherwise determined by the
academic institution.
(13) "Law" means the Nursing Education Scholarship Law.
(14) "Nursing employment obligation" means employment in
this State as a registered professional nurse, licensed
practical nurse, or advanced practice registered nurse in
direct patient care for at least one year for each year of
scholarship assistance received through the Nursing Education
Scholarship Program.
(15) "Part-time student" means a person who is enrolled for
at least one-third of the number of hours required per term by
a school for its full-time students.
(16) "Practical nursing program" means a program offered by
an approved institution leading to a certificate in practical
nursing.
(17) "Registered professional nurse" means a person who is
currently licensed as a registered professional nurse by the

Department of Professional Regulation under the Nurse Practice
Act.
(18) "Licensed practical nurse" means a person who is
currently licensed as a licensed practical nurse by the
Department of Professional Regulation under the Nurse Practice
Act.
(19) "School term" means an academic term, such as a
semester, quarter, trimester, or number of clock hours, as
defined by an approved institution.
(20) "Student in good standing" means a student maintaining
a cumulative grade point average equivalent to at least the
academic grade of a "C".
(21) "Total and permanent disability" means a physical or
mental impairment, disease, or loss of a permanent nature that
prevents nursing employment with or without reasonable
accommodation. Proof of disability shall be a declaration from
the social security administration, Illinois Workers'
Compensation Commission, Department of Defense, or an insurer
authorized to transact business in Illinois who is providing
disability insurance coverage to a contractor.
(22) "Tuition" means the established charges of an
institution of higher learning for instruction at that
institution.
(23) "Nurse educator" means a person who is currently
licensed as a registered nurse by the Department of
Professional Regulation under the Nurse Practice Act, who has a

graduate degree in nursing, and who is employed by an approved
academic institution to educate registered nursing students,
licensed practical nursing students, and registered nurses
pursuing graduate degrees.
(24) "Nurse educator employment obligation" means
employment in this State as a nurse educator for at least 2
years for each year of scholarship assistance received under
Section 6.5 of this Law.
Rulemaking authority to implement Public Act 96-805 this
amendatory Act of the 96th General Assembly, if any, is
conditioned on the rules being adopted in accordance with all
provisions of the Illinois Administrative Procedure Act and all
rules and procedures of the Joint Committee on Administrative
Rules; any purported rule not so adopted, for whatever reason,
is unauthorized.
(Source: P.A. 100-183, eff. 8-18-17; 100-513, eff. 1-1-18;
revised 9-22-17.)
Section 300. The Student Loan Servicing Rights Act is
amended by changing Section 20-50 as follows:
(110 ILCS 992/20-50)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 20-50. Confidentiality.
(a) In order to promote more effective regulation and

reduce regulatory burden through supervisory information
sharing, except as otherwise provided in federal Public Law
110-289, Section 1512, the requirements under any federal law
or State law regarding the privacy or confidentiality of any
information or material provided to the Nationwide Mortgage
Licensing System and Registry, and any privilege arising under
federal or State law, including the rules of any federal or
State court, with respect to such information or material,
shall continue to apply to information or material after the
information or material has been disclosed to the Nationwide
Mortgage Licensing System and Registry. The information and
material may be shared with all State and federal regulatory
officials with student loan industry oversight authority
without the loss of privilege or the loss of confidentiality
protections provided by federal law or State law.
(b) In order to promote more effective regulation and
reduce regulatory burden through supervisory information
sharing, the Secretary is authorized to enter into agreements
or sharing arrangements with other governmental agencies, the
Conference of State Bank Supervisors or other associations
representing governmental agencies as established by rule,
regulation, or order of the Secretary. The sharing of
confidential supervisory information or any information or
material described in subsection (a) of this Section pursuant
to an agreement or sharing arrangement shall not result in the
loss of privilege or the loss of confidentiality protections

provided by federal law or State law.
(c) In order to promote more effective regulation and
reduce regulatory burden through supervisory information
sharing, information or material that is subject to a privilege
or confidentiality under subsection (a) of this Section shall
not be subject to the following:
(1) disclosure under any State law governing the
disclosure to the public of information held by an officer
or an agency of the State; or
(2) subpoena or discovery, or admission into evidence,
in any private civil action or administrative process,
unless with respect to any privilege held by the Nationwide
Mortgage Licensing System and Registry with respect to the
information or material, the person to whom such
information or material pertains waives, in whole or in
part, in the discretion of that person, that privilege.
(d) In order to promote more effective regulation and
reduce regulatory burden through supervisory information
sharing, any other law relating to the disclosure of
confidential supervisory information or any information or
material described in subsection (a) of this Section that is
inconsistent with subsection (a) of this Section shall be
superseded by the requirements of this Section to the extent
the other law provides less confidentiality or a weaker
privilege.
(Source: P.A. 100-540, eff. 12-31-18; revised 12-14-17.)

Section 305. The Illinois Banking Act is amended by
changing Sections 5 and 48.3 as follows:
(205 ILCS 5/5) (from Ch. 17, par. 311)
Sec. 5. General corporate powers. A bank organized under
this Act or subject hereto shall be a body corporate and
politic and shall, without specific mention thereof in the
charter, have all the powers conferred by this Act and the
following additional general corporate powers:
(1) To sue and be sued, complain, and defend in its
corporate name.
(2) To have a corporate seal, which may be altered at
pleasure, and to use the same by causing it or a facsimile
thereof to be impressed or affixed or in any manner
reproduced, provided that the affixing of a corporate seal
to an instrument shall not give the instrument additional
force or effect, or change the construction thereof, and
the use of a corporate seal is not mandatory.
(3) To make, alter, amend, and repeal bylaws, not
inconsistent with its charter or with law, for the
administration of the affairs of the bank. If this Act does
not provide specific guidance in matters of corporate
governance, the provisions of the Business Corporation Act
of 1983 may be used if so provided in the bylaws, and if
the bank is a limited liability company, the provisions of

the Limited Liability Company Act shall be used.
(4) To elect or appoint and remove officers and agents
of the bank and define their duties and fix their
compensation.
(5) To adopt and operate reasonable bonus plans,
profit-sharing plans, stock-bonus plans, stock-option
plans, pension plans, and similar incentive plans for its
directors, officers and employees.
(5.1) To manage, operate, and administer a fund for the
investment of funds by a public agency or agencies,
including any unit of local government or school district,
or any person. The fund for a public agency shall invest in
the same type of investments and be subject to the same
limitations provided for the investment of public funds.
The fund for public agencies shall maintain a separate
ledger showing the amount of investment for each public
agency in the fund. "Public funds" and "public agency" as
used in this Section shall have the meanings ascribed to
them in Section 1 of the Public Funds Investment Act.
(6) To make reasonable donations for the public welfare
or for charitable, scientific, religious or educational
purposes.
(7) To borrow or incur an obligation; and to pledge its
assets:
(a) to secure its borrowings, its lease of personal
or real property or its other nondeposit obligations;

(b) to enable it to act as agent for the sale of
obligations of the United States;
(c) to secure deposits of public money of the
United States, whenever required by the laws of the
United States, including, without being limited to,
revenues and funds the deposit of which is subject to
the control or regulation of the United States or any
of its officers, agents, or employees and Postal
Savings funds;
(d) to secure deposits of public money of any state
or of any political corporation or subdivision
thereof, including, without being limited to, revenues
and funds the deposit of which is subject to the
control or regulation of any state or of any political
corporation or subdivisions thereof or of any of their
officers, agents, or employees;
(e) to secure deposits of money whenever required
by the National Bankruptcy Act;
(f) (blank); and
(g) to secure trust funds commingled with the
bank's funds, whether deposited by the bank or an
affiliate of the bank, pursuant to Section 2-8 of the
Corporate Fiduciary Act.
(8) To own, possess, and carry as assets all or part of
the real estate necessary in or with which to do its
banking business, either directly or indirectly through

the ownership of all or part of the capital stock, shares
or interests in any corporation, association, trust
engaged in holding any part or parts or all of the bank
premises, engaged in such business and in conducting a safe
deposit business in the premises or part of them, or
engaged in any activity that the bank is permitted to
conduct in a subsidiary pursuant to paragraph (12) of this
Section 5.
(9) To own, possess, and carry as assets other real
estate to which it may obtain title in the collection of
its debts or that was formerly used as a part of the bank
premises, but title to any real estate except as herein
permitted shall not be retained by the bank, either
directly or by or through a subsidiary, as permitted by
subsection (12) of this Section for a total period of more
than 10 years after acquiring title, either directly or
indirectly.
(10) To do any act, including the acquisition of stock,
necessary to obtain insurance of its deposits, or part
thereof, and any act necessary to obtain a guaranty, in
whole or in part, of any of its loans or investments by the
United States or any agency thereof, and any act necessary
to sell or otherwise dispose of any of its loans or
investments to the United States or any agency thereof, and
to acquire and hold membership in the Federal Reserve
System.

(11) Notwithstanding any other provisions of this Act
or any other law, to do any act and to own, possess, and
carry as assets property of the character, including stock,
that is at the time authorized or permitted to national
banks by an Act of Congress, but subject always to the same
limitations and restrictions as are applicable to national
banks by the pertinent federal law and subject to
applicable provisions of the Financial Institutions
Insurance Sales Law.
(12) To own, possess, and carry as assets stock of one
or more corporations that is, or are, engaged in one or
more of the following businesses:
(a) holding title to and administering assets
acquired as a result of the collection or liquidating
of loans, investments, or discounts; or
(b) holding title to and administering personal
property acquired by the bank, directly or indirectly
through a subsidiary, for the purpose of leasing to
others, provided the lease or leases and the investment
of the bank, directly or through a subsidiary, in that
personal property otherwise comply with Section 35.1
of this Act; or
(c) carrying on or administering any of the
activities excepting the receipt of deposits or the
payment of checks or other orders for the payment of
money in which a bank may engage in carrying on its

general banking business; provided, however, that
nothing contained in this paragraph (c) shall be deemed
to permit a bank organized under this Act or subject
hereto to do, either directly or indirectly through any
subsidiary, any act, including the making of any loan
or investment, or to own, possess, or carry as assets
any property that if done by or owned, possessed, or
carried by the State bank would be in violation of or
prohibited by any provision of this Act.
The provisions of this subsection (12) shall not apply
to and shall not be deemed to limit the powers of a State
bank with respect to the ownership, possession, and
carrying of stock that a State bank is permitted to own,
possess, or carry under this Act.
Any bank intending to establish a subsidiary under this
subsection (12) shall give written notice to the
Commissioner 60 days prior to the subsidiary's commencing
of business or, as the case may be, prior to acquiring
stock in a corporation that has already commenced business.
After receiving the notice, the Commissioner may waive or
reduce the balance of the 60-day 60 day notice period. The
Commissioner may specify the form of the notice, may
designate the types of subsidiaries not subject to this
notice requirement, and may promulgate rules and
regulations to administer this subsection (12).
(13) To accept for payment at a future date not

exceeding one year from the date of acceptance, drafts
drawn upon it by its customers; and to issue, advise, or
confirm letters of credit authorizing the holders thereof
to draw drafts upon it or its correspondents.
(14) To own and lease personal property acquired by the
bank at the request of a prospective lessee and upon the
agreement of that person to lease the personal property
provided that the lease, the agreement with respect
thereto, and the amount of the investment of the bank in
the property comply with Section 35.1 of this Act.
(15)(a) To establish and maintain, in addition to the
main banking premises, branches offering any banking
services permitted at the main banking premises of a State
bank.
(b) To establish and maintain, after May 31, 1997,
branches in another state that may conduct any activity in
that state that is authorized or permitted for any bank
that has a banking charter issued by that state, subject to
the same limitations and restrictions that are applicable
to banks chartered by that state.
(16) (Blank).
(17) To establish and maintain terminals, as
authorized by the Electronic Fund Transfer Act.
(18) To establish and maintain temporary service
booths at any International Fair held in this State which
is approved by the United States Department of Commerce,

for the duration of the international fair for the sole
purpose of providing a convenient place for foreign trade
customers at the fair to exchange their home countries'
currency into United States currency or the converse. This
power shall not be construed as establishing a new place or
change of location for the bank providing the service
booth.
(19) To indemnify its officers, directors, employees,
and agents, as authorized for corporations under Section
8.75 of the Business Corporation Act of 1983.
(20) To own, possess, and carry as assets stock of, or
be or become a member of, any corporation, mutual company,
association, trust, or other entity formed exclusively for
the purpose of providing directors' and officers'
liability and bankers' blanket bond insurance or
reinsurance to and for the benefit of the stockholders,
members, or beneficiaries, or their assets or businesses,
or their officers, directors, employees, or agents, and not
to or for the benefit of any other person or entity or the
public generally.
(21) To make debt or equity investments in corporations
or projects, whether for profit or not for profit, designed
to promote the development of the community and its
welfare, provided that the aggregate investment in all of
these corporations and in all of these projects does not
exceed 10% of the unimpaired capital and unimpaired surplus

of the bank and provided that this limitation shall not
apply to creditworthy loans by the bank to those
corporations or projects. Upon written application to the
Commissioner, a bank may make an investment that would,
when aggregated with all other such investments, exceed 10%
of the unimpaired capital and unimpaired surplus of the
bank. The Commissioner may approve the investment if he is
of the opinion and finds that the proposed investment will
not have a material adverse effect on the safety and
soundness of the bank.
(22) To own, possess, and carry as assets the stock of
a corporation engaged in the ownership or operation of a
travel agency or to operate a travel agency as a part of
its business.
(23) With respect to affiliate facilities:
(a) to conduct at affiliate facilities for and on
behalf of another commonly owned bank, if so authorized
by the other bank, all transactions that the other bank
is authorized or permitted to perform; and
(b) to authorize a commonly owned bank to conduct
for and on behalf of it any of the transactions it is
authorized or permitted to perform at one or more
affiliate facilities.
Any bank intending to conduct or to authorize a
commonly owned bank to conduct at an affiliate facility any
of the transactions specified in this paragraph (23) shall

give written notice to the Commissioner at least 30 days
before any such transaction is conducted at the affiliate
facility.
(24) To act as the agent for any fire, life, or other
insurance company authorized by the State of Illinois, by
soliciting and selling insurance and collecting premiums
on policies issued by such company; and to receive for
services so rendered such fees or commissions as may be
agreed upon between the bank and the insurance company for
which it may act as agent; provided, however, that no such
bank shall in any case assume or guarantee the payment of
any premium on insurance policies issued through its agency
by its principal; and provided further, that the bank shall
not guarantee the truth of any statement made by an assured
in filing his application for insurance.
(25) Notwithstanding any other provisions of this Act
or any other law, to offer any product or service that is
at the time authorized or permitted to any insured savings
association or out-of-state bank by applicable law,
provided that powers conferred only by this subsection
(25):
(a) shall always be subject to the same limitations
and restrictions that are applicable to the insured
savings association or out-of-state bank for the
product or service by such applicable law;
(b) shall be subject to applicable provisions of

the Financial Institutions Insurance Sales Law;
(c) shall not include the right to own or conduct a
real estate brokerage business for which a license
would be required under the laws of this State; and
(d) shall not be construed to include the
establishment or maintenance of a branch, nor shall
they be construed to limit the establishment or
maintenance of a branch pursuant to subsection (11).
Not less than 30 days before engaging in any activity
under the authority of this subsection, a bank shall
provide written notice to the Commissioner of its intent to
engage in the activity. The notice shall indicate the
specific federal or state law, rule, regulation, or
interpretation the bank intends to use as authority to
engage in the activity.
(26) Nothing in this Section shall be construed to require
the filing of a notice or application for approval with the
United States Office of the Comptroller of the Currency or a
bank supervisor of another state as a condition to the right of
a State bank to exercise any of the powers conferred by this
Section in this State.
(Source: P.A. 98-44, eff. 6-28-13; 99-362, eff. 8-13-15;
revised 10-5-17.)
(205 ILCS 5/48.3) (from Ch. 17, par. 360.2)
Sec. 48.3. Disclosure of reports of examinations and

confidential supervisory information; limitations.
(a) Any report of examination, visitation, or
investigation prepared by the Secretary under this Act, the
Electronic Fund Transfer Act, the Corporate Fiduciary Act, the
Illinois Bank Holding Company Act of 1957, and the Foreign
Banking Office Act, any report of examination, visitation, or
investigation prepared by the state regulatory authority of
another state that examines a branch of an Illinois State bank
in that state, any document or record prepared or obtained in
connection with or relating to any examination, visitation, or
investigation, and any record prepared or obtained by the
Secretary to the extent that the record summarizes or contains
information derived from any report, document, or record
described in this subsection shall be deemed "confidential
supervisory information". Confidential supervisory information
shall not include any information or record routinely prepared
by a bank or other financial institution and maintained in the
ordinary course of business or any information or record that
is required to be made publicly available pursuant to State or
federal law or rule. Confidential supervisory information
shall be the property of the Secretary and shall only be
disclosed under the circumstances and for the purposes set
forth in this Section.
The Secretary may disclose confidential supervisory
information only under the following circumstances:
(1) The Secretary may furnish confidential supervisory

information to the Board of Governors of the Federal
Reserve System, the federal reserve bank of the federal
reserve district in which the State bank is located or in
which the parent or other affiliate of the State bank is
located, any official or examiner thereof duly accredited
for the purpose, or any other state regulator, federal
regulator, or in the case of a foreign bank possessing a
certificate of authority pursuant to the Foreign Banking
Office Act or a license pursuant to the Foreign Bank
Representative Office Act, the bank regulator in the
country where the foreign bank is chartered, that the
Secretary determines to have an appropriate regulatory
interest. Nothing contained in this Act shall be construed
to limit the obligation of any member State bank to comply
with the requirements relative to examinations and reports
of the Federal Reserve Act and of the Board of Governors of
the Federal Reserve System or the federal reserve bank of
the federal reserve district in which the bank is located,
nor to limit in any way the powers of the Secretary with
reference to examinations and reports.
(2) The Secretary may furnish confidential supervisory
information to the United States, any agency thereof that
has insured a bank's deposits in whole or in part, or any
official or examiner thereof duly accredited for the
purpose. Nothing contained in this Act shall be construed
to limit the obligation relative to examinations and

reports of any State bank, deposits in which are to any
extent insured by the United States, any agency thereof,
nor to limit in any way the powers of the Secretary with
reference to examination and reports of such bank.
(2.5) The Secretary may furnish confidential
supervisory information to a Federal Home Loan Bank in
connection with any bank that is a member of the Federal
Home Loan Bank or in connection with any application by the
bank before the Federal Home Loan Bank. The confidential
supervisory information shall remain the property of the
Secretary and may not be further disclosed without the
Secretary's permission.
(3) The Secretary may furnish confidential supervisory
information to the appropriate law enforcement authorities
when the Secretary reasonably believes a bank, which the
Secretary has caused to be examined, has been a victim of a
crime.
(4) The Secretary may furnish confidential supervisory
information relating to a bank or other financial
institution, which the Secretary has caused to be examined,
to be sent to the administrator of the Revised Uniform
Unclaimed Property Act.
(5) The Secretary may furnish confidential supervisory
information relating to a bank or other financial
institution, which the Secretary has caused to be examined,
relating to its performance of obligations under the

Illinois Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act to the Illinois
Department of Revenue.
(6) The Secretary may furnish confidential supervisory
information relating to a bank or other financial
institution, which the Secretary has caused to be examined,
under the federal Currency and Foreign Transactions
Reporting Act, Title 31, United States Code, Section 1051
et seq.
(6.5) The Secretary may furnish confidential
supervisory information to any other agency or entity that
the Secretary determines to have a legitimate regulatory
interest.
(7) The Secretary may furnish confidential supervisory
information under any other statute that by its terms or by
regulations promulgated thereunder requires the disclosure
of financial records other than by subpoena, summons,
warrant, or court order.
(8) At the request of the affected bank or other
financial institution, the Secretary may furnish
confidential supervisory information relating to a bank or
other financial institution, which the Secretary has
caused to be examined, in connection with the obtaining of
insurance coverage or the pursuit of an insurance claim for
or on behalf of the bank or other financial institution;
provided that, when possible, the Secretary shall disclose

only relevant information while maintaining the
confidentiality of financial records not relevant to such
insurance coverage or claim and, when appropriate, may
delete identifying data relating to any person or
individual.
(9) The Secretary may furnish a copy of a report of any
examination performed by the Secretary of the condition and
affairs of any electronic data processing entity to the
banks serviced by the electronic data processing entity.
(10) In addition to the foregoing circumstances, the
Secretary may, but is not required to, furnish confidential
supervisory information under the same circumstances
authorized for the bank or financial institution pursuant
to subsection (b) of this Section, except that the
Secretary shall provide confidential supervisory
information under circumstances described in paragraph (3)
of subsection (b) of this Section only upon the request of
the bank or other financial institution.
(b) A bank or other financial institution or its officers,
agents, and employees may disclose confidential supervisory
information only under the following circumstances:
(1) to the board of directors of the bank or other
financial institution, as well as the president,
vice-president, cashier, and other officers of the bank or
other financial institution to whom the board of directors
may delegate duties with respect to compliance with

recommendations for action, and to the board of directors
of a bank holding company that owns at least 80% of the
outstanding stock of the bank or other financial
institution;
(2) to attorneys for the bank or other financial
institution and to a certified public accountant engaged by
the State bank or financial institution to perform an
independent audit provided that the attorney or certified
public accountant shall not permit the confidential
supervisory information to be further disseminated;
(3) to any person who seeks to acquire a controlling
interest in, or who seeks to merge with, the bank or
financial institution, provided that all attorneys,
certified public accountants, officers, agents, or
employees of that person shall agree to be bound to respect
the confidentiality of the confidential supervisory
information and to not further disseminate the information
therein contained;
(3.5) to a Federal Home Loan Bank of which it is a
member;
(4) (blank); or
(5) to the bank's insurance company in relation to an
insurance claim or the effort by the bank to procure
insurance coverage, provided that, when possible, the bank
shall disclose only information that is relevant to the
insurance claim or that is necessary to procure the

insurance coverage, while maintaining the confidentiality
of financial information pertaining to customers. When
appropriate, the bank may delete identifying data relating
to any person.
The disclosure of confidential supervisory information by
a bank or other financial institution pursuant to this
subsection (b) and the disclosure of information to the
Secretary or other regulatory agency in connection with any
examination, visitation, or investigation shall not constitute
a waiver of any legal privilege otherwise available to the bank
or other financial institution with respect to the information.
(c) (1) Notwithstanding any other provision of this Act or
any other law, confidential supervisory information shall be
the property of the Secretary and shall be privileged from
disclosure to any person except as provided in this Section. No
person in possession of confidential supervisory information
may disclose that information for any reason or under any
circumstances not specified in this Section without the prior
authorization of the Secretary. Any person upon whom a demand
for production of confidential supervisory information is
made, whether by subpoena, order, or other judicial or
administrative process, must withhold production of the
confidential supervisory information and must notify the
Secretary of the demand, at which time the Secretary is
authorized to intervene for the purpose of enforcing the
limitations of this Section or seeking the withdrawal or

termination of the attempt to compel production of the
confidential supervisory information.
(2) Any request for discovery or disclosure of confidential
supervisory information, whether by subpoena, order, or other
judicial or administrative process, shall be made to the
Secretary, and the Secretary shall determine within 15 days
whether to disclose the information pursuant to procedures and
standards that the Secretary shall establish by rule. If the
Secretary determines that such information will not be
disclosed, the Secretary's decision shall be subject to
judicial review under the provisions of the Administrative
Review Law, and venue shall be in either Sangamon County or
Cook County.
(3) Any court order that compels disclosure of confidential
supervisory information may be immediately appealed by the
Secretary, and the order shall be automatically stayed pending
the outcome of the appeal.
(d) If any officer, agent, attorney, or employee of a bank
or financial institution knowingly and willfully furnishes
confidential supervisory information in violation of this
Section, the Secretary may impose a civil monetary penalty up
to $1,000 for the violation against the officer, agent,
attorney, or employee.
(Source: P.A. 100-22, eff 1-1-18; 100-64, eff. 8-11-17; revised
10-5-17.)

Section 310. The Savings Bank Act is amended by changing
Section 9012 as follows:
(205 ILCS 205/9012) (from Ch. 17, par. 7309-12)
Sec. 9012. Disclosure of reports of examinations and
confidential supervisory information; limitations.
(a) Any report of examination, visitation, or
investigation prepared by the Secretary under this Act, any
report of examination, visitation, or investigation prepared
by the state regulatory authority of another state that
examines a branch of an Illinois State savings bank in that
state, any document or record prepared or obtained in
connection with or relating to any examination, visitation, or
investigation, and any record prepared or obtained by the
Secretary to the extent that the record summarizes or contains
information derived from any report, document, or record
described in this subsection shall be deemed confidential
supervisory information. "Confidential supervisory
information" shall not include any information or record
routinely prepared by a savings bank and maintained in the
ordinary course of business or any information or record that
is required to be made publicly available pursuant to State or
federal law or rule. Confidential supervisory information
shall be the property of the Secretary and shall only be
disclosed under the circumstances and for the purposes set
forth in this Section.

The Secretary may disclose confidential supervisory
information only under the following circumstances:
(1) The Secretary may furnish confidential supervisory
information to federal and state depository institution
regulators, or any official or examiner thereof duly
accredited for the purpose. Nothing contained in this Act
shall be construed to limit the obligation of any savings
bank to comply with the requirements relative to
examinations and reports nor to limit in any way the powers
of the Secretary relative to examinations and reports.
(2) The Secretary may furnish confidential supervisory
information to the United States or any agency thereof that
to any extent has insured a savings bank's deposits, or any
official or examiner thereof duly accredited for the
purpose. Nothing contained in this Act shall be construed
to limit the obligation relative to examinations and
reports of any savings bank in which deposits are to any
extent insured by the United States or any agency thereof
nor to limit in any way the powers of the Secretary with
reference to examination and reports of the savings bank.
(2.5) The Secretary may furnish confidential
supervisory information to a Federal Home Loan Bank in
connection with any savings bank that is a member of the
Federal Home Loan Bank or in connection with any
application by the savings bank before the Federal Home
Loan Bank. The confidential supervisory information shall

remain the property of the Secretary and may not be further
disclosed without the Secretary's permission.
(3) The Secretary may furnish confidential supervisory
information to the appropriate law enforcement authorities
when the Secretary reasonably believes a savings bank,
which the Secretary has caused to be examined, has been a
victim of a crime.
(4) The Secretary may furnish confidential supervisory
information related to a savings bank, which the Secretary
has caused to be examined, to the administrator of the
Revised Uniform Unclaimed Property Act.
(5) The Secretary may furnish confidential supervisory
information relating to a savings bank, which the Secretary
has caused to be examined, relating to its performance of
obligations under the Illinois Income Tax Act and the
Illinois Estate and Generation-Skipping Transfer Tax Act
to the Illinois Department of Revenue.
(6) The Secretary may furnish confidential supervisory
information relating to a savings bank, which the Secretary
has caused to be examined, under the federal Currency and
Foreign Transactions Reporting Act, 31 United States Code,
Section 1051 et seq.
(7) The Secretary may furnish confidential supervisory
information to any other agency or entity that the
Secretary determines to have a legitimate regulatory
interest.

(8) The Secretary may furnish confidential supervisory
information as otherwise permitted or required by this Act
and may furnish confidential supervisory information under
any other statute that by its terms or by regulations
promulgated thereunder requires the disclosure of
financial records other than by subpoena, summons,
warrant, or court order.
(9) At the request of the affected savings bank, the
Secretary may furnish confidential supervisory information
relating to the savings bank, which the Secretary has
caused to be examined, in connection with the obtaining of
insurance coverage or the pursuit of an insurance claim for
or on behalf of the savings bank; provided that, when
possible, the Secretary shall disclose only relevant
information while maintaining the confidentiality of
financial records not relevant to such insurance coverage
or claim and, when appropriate, may delete identifying data
relating to any person.
(10) The Secretary may furnish a copy of a report of
any examination performed by the Secretary of the condition
and affairs of any electronic data processing entity to the
savings banks serviced by the electronic data processing
entity.
(11) In addition to the foregoing circumstances, the
Secretary may, but is not required to, furnish confidential
supervisory information under the same circumstances

authorized for the savings bank pursuant to subsection (b)
of this Section, except that the Secretary shall provide
confidential supervisory information under circumstances
described in paragraph (3) of subsection (b) of this
Section only upon the request of the savings bank.
(b) A savings bank or its officers, agents, and employees
may disclose confidential supervisory information only under
the following circumstances:
(1) to the board of directors of the savings bank, as
well as the president, vice-president, cashier, and other
officers of the savings bank to whom the board of directors
may delegate duties with respect to compliance with
recommendations for action, and to the board of directors
of a savings bank holding company that owns at least 80% of
the outstanding stock of the savings bank or other
financial institution.
(2) to attorneys for the savings bank and to a
certified public accountant engaged by the savings bank to
perform an independent audit; provided that the attorney or
certified public accountant shall not permit the
confidential supervisory information to be further
disseminated.
(3) to any person who seeks to acquire a controlling
interest in, or who seeks to merge with, the savings bank;
provided that the person shall agree to be bound to respect
the confidentiality of the confidential supervisory

information and to not further disseminate the information
other than to attorneys, certified public accountants,
officers, agents, or employees of that person who likewise
shall agree to be bound to respect the confidentiality of
the confidential supervisory information and to not
further disseminate the information.
(4) to the savings bank's insurance company, if the
supervisory information contains information that is
otherwise unavailable and is strictly necessary to
obtaining insurance coverage or pursuing an insurance
claim for or on behalf of the savings bank; provided that,
when possible, the savings bank shall disclose only
information that is relevant to obtaining insurance
coverage or pursuing an insurance claim, while maintaining
the confidentiality of financial information pertaining to
customers; and provided further that, when appropriate,
the savings bank may delete identifying data relating to
any person.
(5) to a Federal Home Loan Bank of which it is a
member.
The disclosure of confidential supervisory information by
a savings bank pursuant to this subsection (b) and the
disclosure of information to the Secretary or other regulatory
agency in connection with any examination, visitation, or
investigation shall not constitute a waiver of any legal
privilege otherwise available to the savings bank with respect

to the information.
(c) (1) Notwithstanding any other provision of this Act or
any other law, confidential supervisory information shall be
the property of the Secretary and shall be privileged from
disclosure to any person except as provided in this Section. No
person in possession of confidential supervisory information
may disclose that information for any reason or under any
circumstances not specified in this Section without the prior
authorization of the Secretary. Any person upon whom a demand
for production of confidential supervisory information is
made, whether by subpoena, order, or other judicial or
administrative process, must withhold production of the
confidential supervisory information and must notify the
Secretary of the demand, at which time the Secretary is
authorized to intervene for the purpose of enforcing the
limitations of this Section or seeking the withdrawal or
termination of the attempt to compel production of the
confidential supervisory information.
(2) Any request for discovery or disclosure of confidential
supervisory information, whether by subpoena, order, or other
judicial or administrative process, shall be made to the
Secretary, and the Secretary shall determine within 15 days
whether to disclose the information pursuant to procedures and
standards that the Secretary shall establish by rule. If the
Secretary determines that such information will not be
disclosed, the Secretary's decision shall be subject to

judicial review under the provisions of the Administrative
Review Law, and venue shall be in either Sangamon County or
Cook County.
(3) Any court order that compels disclosure of confidential
supervisory information may be immediately appealed by the
Secretary, and the order shall be automatically stayed pending
the outcome of the appeal.
(d) If any officer, agent, attorney, or employee of a
savings bank knowingly and willfully furnishes confidential
supervisory information in violation of this Section, the
Secretary may impose a civil monetary penalty up to $1,000 for
the violation against the officer, agent, attorney, or
employee.
(e) Subject to the limits of this Section, the Secretary
also may promulgate regulations to set procedures and standards
for disclosure of the following items:
(1) All fixed orders and opinions made in cases of
appeals of the Secretary's actions.
(2) Statements of policy and interpretations adopted
by the Secretary's office, but not otherwise made public.
(3) Nonconfidential portions of application files,
including applications for new charters. The Secretary
shall specify by rule as to what part of the files are
confidential.
(4) Quarterly reports of income, deposits, and
financial condition.

(Source: P.A. 100-22, eff. 1-1-18; 100-64, eff. 8-11-17;
revised 10-5-17.)
Section 315. The Corporate Fiduciary Act is amended by
changing Section 2-1 as follows:
(205 ILCS 620/2-1) (from Ch. 17, par. 1552-1)
Sec. 2-1. (a) Any corporation which has been or shall be
incorporated under the general corporation laws of this State
for the purpose of accepting and executing trusts, and any
state bank, state savings and loan association, state savings
bank, or other special corporation now or hereafter authorized
by law to accept or execute trusts, may be appointed to act as
a fiduciary in any capacity a natural person or corporation may
act, and shall include, but not be limited to, acting as
assignee or trustee by deed, and executor, guardian or trustee
by will, custodian under the Illinois Uniform Transfers
Transfer to Minors Act and such appointment shall be of like
force as in case of appointment of a natural person and shall
be designated a corporate fiduciary.
(b) No corporate fiduciary shall dissolve or cease its
corporate existence without prior notice to and approval by the
Commissioner and compliance with the requirements of Section
7-1 of this Act.
(Source: P.A. 86-754; revised 10-5-17.)

Section 320. The Residential Mortgage License Act of 1987
is amended by changing Sections 3-8 and 4-10 as follows:
(205 ILCS 635/3-8) (from Ch. 17, par. 2323-8)
Sec. 3-8. Discrimination and redlining prohibited. (a) It
shall be considered discriminatory to refuse to grant loans or
to vary the terms of loans or the application procedures for
loans because of:
(i) in the case of the proposed borrower, said
borrower's race, color, religion, national origin, age,
gender or marital status; or
(ii) in the case of a mortgage loan, solely the
geographic location of the proposed security.
(Source: P.A. 85-735; revised 11-8-17.)
(205 ILCS 635/4-10) (from Ch. 17, par. 2324-10)
Sec. 4-10. Rules and regulations of the Commissioner.
(a) In addition to such powers as may be prescribed by this
Act, the Commissioner is hereby authorized and empowered to
promulgate regulations consistent with the purposes of this
Act, including, but not limited to:
(1) such rules and regulations in connection with the
activities of licensees as may be necessary and appropriate
for the protection of consumers in this State;
(2) such rules and regulations as may be necessary and
appropriate to define improper or fraudulent business

practices in connection with the activities of licensees in
making mortgage loans;
(3) such rules and regulations as may define the terms
used in this Act and as may be necessary and appropriate to
interpret and implement the provisions of this Act; and
(4) such rules and regulations as may be necessary for
the enforcement of this Act.
(b) The Commissioner is hereby authorized and empowered to
make such specific rulings, demands, and findings as he or she
may deem necessary for the proper conduct of the mortgage
lending industry.
(c) A person or entity may make a written application to
the Department for a written interpretation of this Act. The
Department may then, in its sole discretion, choose to issue a
written interpretation. To be valid, a written interpretation
must be signed by the Secretary, or his or her designated
Director of Financial and Professional Regulation, and the
Department's General Counsel. A written interpretation expires
2 years after the date that it was issued.
(d) No provision in this Act that imposes liability or
establishes violations shall apply to any act taken by a person
or entity in conformity with a written interpretation of this
Act that is in effect at the time the act is taken,
notwithstanding whether the written interpretation is later
amended, rescinded, or determined by judicial or other
authority to be by invalid for any reason.

(Source: P.A. 95-691, eff. 6-1-08; revised 10-5-17.)
Section 325. The Nursing Home Care Act is amended by
changing Section 3-206 as follows:
(210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
Sec. 3-206. The Department shall prescribe a curriculum for
training nursing assistants, habilitation aides, and child
care aides.
(a) No person, except a volunteer who receives no
compensation from a facility and is not included for the
purpose of meeting any staffing requirements set forth by the
Department, shall act as a nursing assistant, habilitation
aide, or child care aide in a facility, nor shall any person,
under any other title, not licensed, certified, or registered
to render medical care by the Department of Financial and
Professional Regulation, assist with the personal, medical, or
nursing care of residents in a facility, unless such person
meets the following requirements:
(1) Be at least 16 years of age, of temperate habits
and good moral character, honest, reliable and
trustworthy.
(2) Be able to speak and understand the English
language or a language understood by a substantial
percentage of the facility's residents.
(3) Provide evidence of employment or occupation, if

any, and residence for 2 years prior to his present
employment.
(4) Have completed at least 8 years of grade school or
provide proof of equivalent knowledge.
(5) Begin a current course of training for nursing
assistants, habilitation aides, or child care aides,
approved by the Department, within 45 days of initial
employment in the capacity of a nursing assistant,
habilitation aide, or child care aide at any facility. Such
courses of training shall be successfully completed within
120 days of initial employment in the capacity of nursing
assistant, habilitation aide, or child care aide at a
facility. Nursing assistants, habilitation aides, and
child care aides who are enrolled in approved courses in
community colleges or other educational institutions on a
term, semester or trimester basis, shall be exempt from the
120-day 120 day completion time limit. The Department shall
adopt rules for such courses of training. These rules shall
include procedures for facilities to carry on an approved
course of training within the facility. The Department
shall allow an individual to satisfy the supervised
clinical experience requirement for placement on the
Health Care Worker Registry under 77 Ill. Adm. Code 300.663
through supervised clinical experience at an assisted
living establishment licensed under the Assisted Living
and Shared Housing Act. The Department shall adopt rules

requiring that the Health Care Worker Registry include
information identifying where an individual on the Health
Care Worker Registry received his or her clinical training.
The Department may accept comparable training in lieu
of the 120-hour 120 hour course for student nurses, foreign
nurses, military personnel, or employees employes of the
Department of Human Services.
The facility shall develop and implement procedures,
which shall be approved by the Department, for an ongoing
review process, which shall take place within the facility,
for nursing assistants, habilitation aides, and child care
aides.
At the time of each regularly scheduled licensure
survey, or at the time of a complaint investigation, the
Department may require any nursing assistant, habilitation
aide, or child care aide to demonstrate, either through
written examination or action, or both, sufficient
knowledge in all areas of required training. If such
knowledge is inadequate the Department shall require the
nursing assistant, habilitation aide, or child care aide to
complete inservice training and review in the facility
until the nursing assistant, habilitation aide, or child
care aide demonstrates to the Department, either through
written examination or action, or both, sufficient
knowledge in all areas of required training.
(6) Be familiar with and have general skills related to

resident care.
(a-0.5) An educational entity, other than a secondary
school, conducting a nursing assistant, habilitation aide, or
child care aide training program shall initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act prior to entry of an individual into the
training program. A secondary school may initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act at any time during or after a training
program.
(a-1) Nursing assistants, habilitation aides, or child
care aides seeking to be included on the Health Care Worker
Registry under the Health Care Worker Background Check Act on
or after January 1, 1996 must authorize the Department of
Public Health or its designee to request a criminal history
record check in accordance with the Health Care Worker
Background Check Act and submit all necessary information. An
individual may not newly be included on the Health Care Worker
Registry unless a criminal history record check has been
conducted with respect to the individual.
(b) Persons subject to this Section shall perform their
duties under the supervision of a licensed nurse.
(c) It is unlawful for any facility to employ any person in
the capacity of nursing assistant, habilitation aide, or child
care aide, or under any other title, not licensed by the State
of Illinois to assist in the personal, medical, or nursing care

of residents in such facility unless such person has complied
with this Section.
(d) Proof of compliance by each employee with the
requirements set out in this Section shall be maintained for
each such employee by each facility in the individual personnel
folder of the employee. Proof of training shall be obtained
only from the Health Care Worker Registry.
(e) Each facility shall obtain access to the Health Care
Worker Registry's web application, maintain the employment and
demographic information relating to each employee, and verify
by the category and type of employment that each employee
subject to this Section meets all the requirements of this
Section.
(f) Any facility that is operated under Section 3-803 shall
be exempt from the requirements of this Section.
(g) Each skilled nursing and intermediate care facility
that admits persons who are diagnosed as having Alzheimer's
disease or related dementias shall require all nursing
assistants, habilitation aides, or child care aides, who did
not receive 12 hours of training in the care and treatment of
such residents during the training required under paragraph (5)
of subsection (a), to obtain 12 hours of in-house training in
the care and treatment of such residents. If the facility does
not provide the training in-house, the training shall be
obtained from other facilities, community colleges or other
educational institutions that have a recognized course for such

training. The Department shall, by rule, establish a recognized
course for such training. The Department's rules shall provide
that such training may be conducted in-house at each facility
subject to the requirements of this subsection, in which case
such training shall be monitored by the Department.
The Department's rules shall also provide for
circumstances and procedures whereby any person who has
received training that meets the requirements of this
subsection shall not be required to undergo additional training
if he or she is transferred to or obtains employment at a
different facility or a facility other than a long-term care
facility but remains continuously employed for pay as a nursing
assistant, habilitation aide, or child care aide. Individuals
who have performed no nursing or nursing-related services for a
period of 24 consecutive months shall be listed as "inactive"
and as such do not meet the requirements of this Section.
Licensed sheltered care facilities shall be exempt from the
requirements of this Section.
(Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17;
revised 1-22-18.)
Section 330. The Community-Integrated Living Arrangements
Licensure and Certification Act is amended by changing Section
4 as follows:
(210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)

Sec. 4. (a) Any community mental health or developmental
services agency who wishes to develop and support a variety of
community-integrated living arrangements may do so pursuant to
a license issued by the Department under this Act. However,
programs established under or otherwise subject to the Child
Care Act of 1969, the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, the ID/DD Community
Care Act, or the MC/DD Act, as now or hereafter amended, shall
remain subject thereto, and this Act shall not be construed to
limit the application of those Acts.
(b) The system of licensure established under this Act
shall be for the purposes of:
(1) ensuring Insuring that all recipients residing in
community-integrated living arrangements are receiving
appropriate community-based services, including treatment,
training and habilitation or rehabilitation;
(2) ensuring Insuring that recipients' rights are
protected and that all programs provided to and placements
arranged for recipients comply with this Act, the Mental
Health and Developmental Disabilities Code, and applicable
Department rules and regulations;
(3) maintaining Maintaining the integrity of
communities by requiring regular monitoring and inspection
of placements and other services provided in
community-integrated living arrangements.
The licensure system shall be administered by a quality

assurance unit within the Department which shall be
administratively independent of units responsible for funding
of agencies or community services.
(c) As a condition of being licensed by the Department as a
community mental health or developmental services agency under
this Act, the agency shall certify to the Department that:
(1) all All recipients residing in
community-integrated living arrangements are receiving
appropriate community-based services, including treatment,
training and habilitation or rehabilitation;
(2) all All programs provided to and placements
arranged for recipients are supervised by the agency; and
(3) all All programs provided to and placements
arranged for recipients comply with this Act, the Mental
Health and Developmental Disabilities Code, and applicable
Department rules and regulations.
(d) An applicant for licensure as a community mental health
or developmental services agency under this Act shall submit an
application pursuant to the application process established by
the Department by rule and shall pay an application fee in an
amount established by the Department, which amount shall not be
more than $200.
(e) If an applicant meets the requirements established by
the Department to be licensed as a community mental health or
developmental services agency under this Act, after payment of
the licensing fee, the Department shall issue a license valid

for 3 years from the date thereof unless suspended or revoked
by the Department or voluntarily surrendered by the agency.
(f) Upon application to the Department, the Department may
issue a temporary permit to an applicant for up to a 2-year
period to allow the holder of such permit reasonable time to
become eligible for a license under this Act.
(g)(1) The Department may conduct site visits to an agency
licensed under this Act, or to any program or placement
certified by the agency, and inspect the records or premises,
or both, of such agency, program or placement as it deems
appropriate, for the purpose of determining compliance with
this Act, the Mental Health and Developmental Disabilities
Code, and applicable Department rules and regulations. The
Department shall conduct inspections of the records and
premises of each community-integrated living arrangement
certified under this Act at least once every 2 years.
(2) If the Department determines that an agency licensed
under this Act is not in compliance with this Act or the rules
and regulations promulgated under this Act, the Department
shall serve a notice of violation upon the licensee. Each
notice of violation shall be prepared in writing and shall
specify the nature of the violation, the statutory provision or
rule alleged to have been violated, and that the licensee
submit a plan of correction to the Department if required. The
notice shall also inform the licensee of any other action which
the Department might take pursuant to this Act and of the right

to a hearing.
(g-5) As determined by the Department, a disproportionate
number or percentage of licensure complaints; a
disproportionate number or percentage of substantiated cases
of abuse, neglect, or exploitation involving an agency; an
apparent unnatural death of an individual served by an agency;
any egregious or life-threatening abuse or neglect within an
agency; or any other significant event as determined by the
Department shall initiate a review of the agency's license by
the Department, as well as a review of its service agreement
for funding. The Department shall adopt rules to establish the
process by which the determination to initiate a review shall
be made and the timeframe to initiate a review upon the making
of such determination.
(h) Upon the expiration of any license issued under this
Act, a license renewal application shall be required of and a
license renewal fee in an amount established by the Department
shall be charged to a community mental health or developmental
services agency, provided that such fee shall not be more than
$200.
(i) A public or private agency, association, partnership,
corporation, or organization that has had a license revoked
under subsection (b) of Section 6 of this Act may not apply for
or possess a license under a different name.
(Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17;
100-313, eff. 8-24-17; revised 9-28-17.)

Section 335. The Illinois Insurance Code is amended by
changing Sections 15, 17, 21, 25, 27.1, 86, 123C-18, 155.57,
400.1, 429, 469, 512.63, 531.03, and 1563 and by setting forth,
renumbering, and changing multiple versions of Section 356z.25
as follows:
(215 ILCS 5/15) (from Ch. 73, par. 627)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. Documents to be delivered to Director by
incorporators. Upon the execution of the articles of
incorporation, there shall be delivered to the Director:
(a) duplicate originals of the articles of
incorporation;
(b) a copy of the by-laws adopted by the incorporators;
(c) the form of subscription agreement to be used by
the company;
(d) 2 two organization bonds or the cash or securities
provided for in Section 16; and
(e) the form of escrow agreement for the deposit of
cash or securities.
(Source: P.A. 84-502; revised 10-5-17.)
(215 ILCS 5/17) (from Ch. 73, par. 629)
(Section scheduled to be repealed on January 1, 2027)
Sec. 17. Publication of intention.

(1) Upon complying with the provisions of Section 15, the
incorporators shall cause to be published in a newspaper of
general circulation in this State, in the county where the
principal office of the company is to be located, once each
week for 3 three consecutive weeks, a notice setting forth:
(a) their intent to form the company and the proposed
name thereof;
(b) the class or classes of insurance business in which
the company proposes to engage; and
(c) the address where its principal office shall be
located.
(2) Proof of such publication made by a certificate of the
publisher or his agent shall be delivered to the Director.
(Source: Laws 1937, p. 696; revised 10-5-17.)
(215 ILCS 5/21) (from Ch. 73, par. 633)
(Section scheduled to be repealed on January 1, 2027)
Sec. 21. Subscription agreement.
(1) The company and each subscriber shall enter into an
agreement for the subscription to the shares of the company and
such agreement shall also constitute an agreement between the
several subscribers. It shall state:
(a) the price of the shares, terms, time, and medium of
payment therefor;
(b) the part of the price that may be used for
commission, promotion, organization, and other expenses;

(c) the name of the bank or trust company in this State
in which the funds or securities are to be deposited
pending the completion of the organization of the company;
and
(d) that the total cash or securities received in
payment will be returned to the subscribers who have made
such payments in the event the organization of the company
is not completed.
(2) Subscriptions to shares shall be irrevocable unless
subscribers representing 50% fifty per centum or more of the
amount subscribed consent to the revocation.
(3) Any subscription agreement may provide for payment in
installments but in the case of subscriptions prior to the
issuance of a certificate of authority to the company, such
installments shall not extend beyond 2 two years from the date
of the permit of the Director authorizing the solicitation of
subscriptions.
(Source: Laws 1961, p. 3735; revised 10-5-17.)
(215 ILCS 5/25) (from Ch. 73, par. 637)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25. Voluntary surrender of the articles of
incorporation. At any time prior to the issuance of the
certificate of authority to the company the articles of
incorporation may be voluntarily surrendered and the company
dissolved by written agreement filed with the Director, signed

by a majority of the incorporators, and by subscribers
representing at least two-thirds of the shares subscribed. Such
surrender and dissolution shall become effective only upon the
approval thereof by the Director. The Director shall approve
the surrender of such articles of incorporation if upon
investigation he shall find that:
(a) no insurance business has been transacted by the
company; .
(b) all sums of money or securities, if any, collected
upon subscriptions, have been returned to the subscribers;
and
(c) all obligations of the company have been paid or
discharged.
(Source: Laws 1961, p. 3735; revised 10-5-17.)
(215 ILCS 5/27.1) (from Ch. 73, par. 639.1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 27.1. Treasury shares.) "Treasury shares" means (a)
shares of a company which have been issued, have been
subsequently acquired by and belong to the company, and have
not, either by reason of the acquisition or thereafter, been
cancelled or restored to the status of authorized but unissued
shares and (b) shares declared and paid as a share dividend on
the shares referred to in clause (a) or this clause (b) of this
Section. Treasury shares shall be deemed to be "issued" shares
but not outstanding shares and shall not be voted. Shares

converted into or exchanged for other shares of the company
shall not be deemed to be treasury shares.
(Source: P.A. 84-502; revised 10-5-17.)
(215 ILCS 5/86) (from Ch. 73, par. 698)
(Section scheduled to be repealed on January 1, 2027)
Sec. 86. Scope of Article.
(1) This Article applies to all groups including
incorporated and individual unincorporated underwriters
transacting an insurance business in this State through an
attorney-in-fact under the name Lloyds or under a Lloyds plan
of operation. Groups that meet the requirements of subsection
(3) are referred to in this Code as "Lloyds", and incorporated
and individual unincorporated underwriters are referred to as
"underwriters".
(2) As used in this Code:
"Domestic Lloyds" means a Lloyds having its home office in
this State. ;
"Foreign Lloyds" means a Lloyds having its home office in
any state of the United States other than this State. ; and
"Alien Lloyds" means a Lloyds having its home office or
principal place of business in any country other than the
United States.
(3) A domestic Lloyds must: (i) be established pursuant to
a statute or written charter; (ii) provide for governance by a
board of directors or similar body; and (iii) establish and

monitor standards of solvency of its underwriters. A foreign or
alien Lloyds must be subject to requirements of its state or
country of domicile. Those requirements must be substantially
similar to those required of domestic Lloyds. Domestic,
foreign, and alien Lloyds shall not be subject to Section 144
of this Code.
(4) All foreign and alien entities and individuals
transacting an insurance business as domestic, foreign, or
alien Lloyds shall notify the Director and the Secretary of
State under the provisions of this Article, shall be regulated
exclusively by the Director, and shall not be required to
obtain a certificate of authority from the Secretary of State
pursuant to any other law of this State so long as they solely
transact business as a domestic, foreign, or alien Lloyds. Upon
notification, the Secretary of State may require submission of
additional information to determine whether a foreign or alien
individual or entity is transacting business solely as a
domestic, foreign, or alien Lloyds.
(Source: P.A. 90-794, eff. 8-14-98; 91-593, eff. 8-14-99;
revised 10-5-17.)
(215 ILCS 5/123C-18) (from Ch. 73, par. 735C-18)
(Section scheduled to be repealed on January 1, 2027)
Sec. 123C-18. Additional powers, rights, and obligations.
In addition to the powers and duties set forth in the other
provisions of this Article VIIC and to the extent not

inconsistent with the provisions of this Article VIIC:
A. The provisions of Article XXVI, subsection E of
Section 123B-3, subsection A of Section 123B-4, subsection
A of Section 123B-8, and Sections 2.1, 131.4 through
131.12, 131.20, 131.20a(2)( , except as otherwise provided
by subsection B of Section 123C-12) Section 123C-12B,
131.22, 133, 141.1, 141.2, 144.1, 144.2, 147, 148, 149,
154.5, 154.6, 154.7, 154.8, 155, 186.1, 186.2, 401, 401.1,
402, 403, 403A, 407, 407.1, 407.2, 4l2, 415 and subsections
(1) and (3) of Section 441 shall apply to captive insurance
companies and all those having dealings therewith.
B. The provisions of subsection (2) of Section 9,
Section 11, subsection (2) of Section 12, and Sections
27.1, 28, 28.2, 28.2a, 29, 30, 31, 32, 33, 34, and 35 shall
apply to stock captive insurance companies and all those
having dealings therewith.
C. The provisions of subsection (2) of Section 39,
Section 41, subsections (1) and (2) of Section 42, and
Sections 54, 55, 56, 57, 58, 59, and 60 shall apply to
mutual captive insurance companies and all those having
dealings therewith.
D. The Director and each captive insurance company and
all those having dealings therewith shall have the
authorities, powers, rights, duties and obligations set
forth in Section 144 (excluding paragraph (f) of subsection
(4) of Section 144); provided, however, that:

(i) subsection (1) of Section 144 shall not apply
to pure captive insurance companies; and
(ii) the Director may exempt any association
captive insurance company and any industrial insured
captive insurance company from the requirements of
subsection (1) of Section 144, on terms and conditions
established by the Director, upon a showing by any such
captive insurance company and a determination by the
Director that the limitations of subsection (1) of
Section 144 are not necessary to protect the interests
of policyholders in light of such captive insurance
company's financial condition and the nature of the
risks insured by such company.
E. Nothing in this Article or Code shall be deemed to
prohibit the by-laws of a captive insurance company from
providing for the allocation of underwriting or investment
income or loss to the respective accounts of its members,
or to prohibit a captive insurance company, if its by-laws
so provide and the requirements of this Article are
otherwise met, from distributing to a withdrawing member,
whether by way of ordinary or liquidating distributions and
whether the withdrawal of such member is voluntary or
otherwise, on terms and conditions set forth in the
by-laws, that member's share of the company's surplus, as
well as that portion of the underwriting and investment
income allocated to such withdrawing member for the period

that such withdrawing member was a member of the mutual
company; provided that (i) no such distribution may be made
except out of earned, as distinguished from contributed,
surplus, (ii) no such distribution shall be made if the
surplus of the captive insurance company is less than the
original surplus required for the kind or kinds of business
authorized to be transacted by such company, or if the
payment of such distribution would reduce its surplus to
less than the minimum, and (iii) no such distribution shall
be made without the approval of the Director if such
distribution, together with other such distributions made
within the period of 12 consecutive months ending on the
date on which the proposed distribution is scheduled for
payment or distribution, exceeds the greater of: (i) 10% of
the company's surplus as regards policyholders as of the
31st day of December next preceding, or (ii) the net income
of the company for the 12-month 12 month period ending the
31st day of December next preceding. For the purposes of
this subsection, net income includes net realized capital
gains in an amount not to exceed 20% of net unrealized
capital gains. The right of a member of a captive insurance
company to receive distributions under this Section shall
be included within the provisions of paragraph (i) of
subsection (1) of Section 205 in the event of liquidation
or dissolution of such captive insurance company.
(Source: P.A. 88-297; 89-206, eff. 7-21-95; revised 10-5-17.)

(215 ILCS 5/155.57) (from Ch. 73, par. 767.57)
Sec. 155.57. Filing, approval, and withdrawal of forms.)
(a) All policies, certificates of insurance, notices of
proposed insurance, applications for insurance, endorsements,
and riders delivered or issued for delivery in this State and
the schedules of premium rates pertaining thereto shall be
filed with the Director.
(b) The Director shall within a reasonable time after the
filing of any such policies, certificates of insurance, notices
of proposed insurance, applications for insurance,
endorsements, and riders, disapprove any such form if the
benefits provided therein are not reasonable in relation to the
premium charge, or if it contains provisions which are unjust,
unfair, inequitable, misleading, deceptive, or encourage
misrepresentation of the coverage, or are contrary to any
provision of this the Insurance Code or of any rule or
regulation promulgated thereunder.
(c) If the Director notifies the insurer that the form is
disapproved, it is unlawful thereafter for such insurer to
issue or use such form. In such notice, the Director shall
specify the reason for his disapproval and state that a hearing
will be granted within 20 days after request in writing by the
insurer. No such policy, certificate of insurance, notice of
proposed insurance, nor any application, endorsement of rider,
shall be issued or used until after it has been so filed and

the Director has given his prior written approval thereto.
(d) The Director may at any time, after giving not less
than 20 days prior written notice to the insurer, withdraw his
approval of any such form on any ground set forth in subsection
(b) above. The written notice of withdrawal shall state the
reason for the action. The insurer may request a hearing within
10 days after receipt of the notice of withdrawal by giving the
Director written notice of such request, together with a
statement of its objections. The Director must then conduct a
hearing in accordance with Sections 402 and 403. The withdrawal
shall be stayed pending the issuance of the Director's orders
following the hearing.
However, if it appears to the Director that the continued
use of any such policy, certificate of insurance, notice of
proposed insurance, application for insurance, endorsement, or
rider by an insurer is hazardous to its policyholders or the
public, the Director may take such action as is prescribed by
Section 401.1.
(e) It is not lawful for the insurer to issue such forms or
use them after the effective date of such withdrawal.
(f) If a group policy of credit life insurance or credit
accident and health insurance has been or is delivered in
another state State before or after October 1, 1975 (the
effective date of Public Act 79-930) this amendatory Act of
1975, the insurer shall be required to file only the group
certificate and notice of proposed insurance delivered or

issued for delivery in this State as specified in subsections
(b) and (d) of Section 155.57 of this Article and such forms
shall be approved by the Director if they conform with the
requirements so specified in said subsections and if the
schedules of premium rates applicable to the insurance
evidenced by such certificate or notice are not in excess of
the insurer's schedules of premium rates filed with the
Director; provided, however, the premium rate in effect on
existing group policies may be continued until the first policy
anniversary date following October 1, 1975 (the effective date
of Public Act 79-930) this amendatory Act of 1975.
(g) Any order or final determination of the Director under
the provisions of this Section section shall be subject to
judicial review.
(Source: P.A. 79-930; revised 10-5-17.)
(215 ILCS 5/356z.25)
Sec. 356z.25. Coverage for treatment of pediatric
autoimmune neuropsychiatric disorders associated with
streptococcal infections and pediatric acute onset
neuropsychiatric syndrome. A group or individual policy of
accident and health insurance or managed care plan that is
amended, delivered, issued, or renewed after July 18, 2017 (the
effective date of Public Act 100-24) this amendatory Act of the
100th General Assembly shall provide coverage for treatment of
pediatric autoimmune neuropsychiatric disorders associated

with streptococcal infections and pediatric acute-onset
neuropsychiatric syndrome, including, but not limited to, the
use of intravenous immunoglobulin therapy.
If, at any time, the Secretary of the United States
Department of Health and Human Services, or its successor
agency, promulgates rules or regulations to be published in the
Federal Register or publishes a comment in the Federal Register
or issues an opinion, guidance, or other action that would
require the State, pursuant to any provision of the Patient
Protection and Affordable Care Act (Public Law 111-148),
including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
successor provision, to defray the cost of any coverage for
pediatric autoimmune neuropsychiatric disorders associated
with streptococcal infections and pediatric acute onset
neuropsychiatric syndrome outlined in this Section, then the
requirement that an insurer cover pediatric autoimmune
neuropsychiatric disorders associated with streptococcal
infections and pediatric acute onset neuropsychiatric syndrome
is inoperative other than any such coverage authorized under
Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
the State shall not assume any obligation for the cost of
coverage for pediatric autoimmune neuropsychiatric disorders
associated with streptococcal infections and pediatric acute
onset neuropsychiatric syndrome.
(Source: P.A. 100-24, eff. 7-18-17; revised 9-15-17.)

(215 ILCS 5/356z.26)
Sec. 356z.26 356z.25. Synchronization.
(a) As used in this Section, "synchronization" means the
coordination of medication refills for a patient taking 2 or
more medications for one or more chronic conditions such that
the patient's medications are refilled on the same schedule for
a given time period.
(b) Every policy of health and accident insurance amended,
delivered, issued, or renewed after August 18, 2017 (the
effective date of Public Act 100-138) this amendatory Act of
the 100th General Assembly that provides coverage for
prescription drugs shall provide for synchronization of
prescription drug refills on at least one occasion per insured
per year, provided all of the following conditions are met:
(1) the prescription drugs are covered by the policy's
clinical coverage policy or have been approved by a
formulary exceptions process;
(2) the prescription drugs are maintenance medications
as defined by the policy and have available refill
quantities at the time of synchronization;
(3) the medications are not Schedule II, III, or IV
controlled substances;
(4) the insured meets all utilization management
criteria specific to the prescription drugs at the time of
synchronization;
(5) the prescription drugs are of a formulation that

can be safely split into short-fill periods to achieve
synchronization; and
(6) the prescription drugs do not have special handling
or sourcing needs as determined by the policy, contract, or
agreement that require a single, designated pharmacy to
fill or refill the prescription.
(c) When necessary to permit synchronization, the policy
shall apply a prorated daily cost-sharing rate to any
medication dispensed by a network pharmacy pursuant to this
Section. No dispensing fees shall be prorated, and all
dispensing fees shall be based on the number of prescriptions
filled or refilled.
(Source: P.A. 100-138, eff. 8-18-17; revised 9-15-17.)
(215 ILCS 5/356z.27)
Sec. 356z.27 356z.25. Preexisting condition exclusion. No
policy of individual or group accident and health insurance
issued, amended, delivered, or renewed on or after January 1,
2018 (the effective date of Public Act 100-386) this amendatory
Act of the 100th General Assembly may impose any preexisting
condition exclusion, as defined in the Illinois Health
Insurance Portability and Accountability Act, with respect to
such plan or coverage.
(Source: P.A. 100-386, eff. 1-1-18; revised 9-15-17.)
(215 ILCS 5/356z.28)

Sec. 356z.28 356z.25. Dry needling by a physical therapist.
A group or individual policy of accident and health insurance
or a qualified health plan offered through the health insurance
market place is not required to provide coverage for dry
needling performed by a physical therapist as described in
Section 1.5 of the Illinois Physical Therapy Act.
(Source: P.A. 100-418, eff. 8-25-17; revised 9-15-17.)
(215 ILCS 5/400.1) (from Ch. 73, par. 1012.1)
Sec. 400.1. Group or for master policy-certificate inland
marine insurance authorized.
(1) Any insurance company authorized to write inland marine
insurance in this State may issue group or master
policy-certificate inland marine policies which may include
coverages incidental or supplemental to the inland marine
policy, if the insurer is authorized to write the class of
coverage which is incidental or supplemental. No policy,
certificate of insurance, memorandum of insurance, application
for insurance, endorsement or rider, may be issued for delivery
in this State unless a copy of the form thereof shall have been
filed with the Director of Insurance and approved, or unless
exempted from filing by such rules and regulations as may be
promulgated by the Director.
(2) The Director shall within 90 days after the filing of
such forms disapprove any such form if the benefits provided
therein are not reasonable in relation to the premium charged,

or if it contains provisions that are unjust, unfair,
inequitable, misleading, deceptive, or encourage
misrepresentation of the coverage, or are contrary to any
provision of this the Insurance Code, or any rule or regulation
promulgated thereunder. The Director may, upon written notice
within such waiting period to the company which made the
filing, extend such waiting period for an additional 30 days. A
filing shall be deemed to meet the requirements of this Section
unless disapproved by the Director within the waiting period or
the extension thereof.
(3) If the Director notifies the insurer that the form is
disapproved, the insurer shall not issue or use such form. In
such notice the Director shall specify the reason for his
disapproval. The company may request a hearing on such
disapproval within 30 days after receipt of such disapproval.
The Director shall grant a hearing subsequent to the receipt of
such request.
(4) The Director may, at any time after a hearing held not
less than 20 days after written notice to the insurer, withdraw
his approval of any such form on any ground set forth in
subsection (2) above. The written notice of such hearing shall
state the reason for the proposed withdrawal.
(5) It is not lawful for the insurer to issue such forms or
use them after the effective date of such withdrawal.
(6) The Director may at any time require the filing of the
schedules of premium rates used or to be used in connection

with the specific policy filings required.
(7) The Director shall promulgate such rules and
regulations as he may deem necessary to provide for the filing
and review of premium rates schedules, and for the disapproval
of those he may deem to be inadequate, excessive or unfairly
discriminatory.
(8) Any order or final determination of the Director under
the provisions of this Section shall be subject to judicial
review.
(Source: P.A. 79-931; revised 10-5-17.)
(215 ILCS 5/429) (from Ch. 73, par. 1036)
Sec. 429. Procedure as to unfair methods of competition and
unfair or deceptive acts or practices which are not defined.
(1) Whenever the Director shall have reason to believe (a)
that any person engaged in the business of insurance is
engaging in this State in any method of competition or in any
act or practice in the conduct of such business which is not
defined in Section 424, as an unfair method of competition or
an unfair or deceptive act or practice or that any person
domiciled in or resident of this State engaged in the business
of insurance is engaging in any other state, territory,
province, possession, country, or district in which he or she
is not licensed or otherwise authorized to transact business in
any method of competition or in any act or practice in the
conduct of such business which is not defined in Section 424,

as an unfair method of competition or an unfair or deceptive
act or practice, and (b) that such method of competition is
unfair or that such act or practice is unfair or deceptive, or
(c) that such unfair method of competition or such unfair or
deceptive act or practice violates any of the provisions of
this the Insurance Code or any other law of this State, or (d)
that a proceeding by him or her in respect thereto would be to
the interest of the public, he or she may issue and serve upon
such person a statement of the charges in that respect and a
notice of a hearing thereon to be held at a time and place
fixed in the notice, which shall not be less than 10 days after
the date of the service thereof. Each such hearing shall be
conducted in the same manner as the hearings provided for in
Section 426. The Director shall, after such hearing, make a
report in writing in which he or she shall state his or her
findings as to the facts, and he or she shall serve a copy
thereof upon such person.
(2) If such report charges a violation of this Article and
if such method of competition, act, or practice has not been
discontinued, the Director may, through the Attorney General of
this State, at any time after the service of such report cause
a complaint to be filed in the Circuit Court of Sangamon County
or in the Circuit Court of this State within the county wherein
the person resides or has his principal place of business, to
enjoin and restrain such person from engaging in such method,
act, or practice. The court shall have jurisdiction of the

proceeding and shall have power to make and enter appropriate
orders in connection therewith and to enter such orders as are
ancillary to its jurisdiction or are necessary in its judgment
to prevent injury to the public pendente lite.
(3) A transcript of the proceedings before the Director
including all evidence taken and the report and findings shall
be filed with such complaint. If either party shall apply to
the court for leave to adduce additional evidence and shall
show, to the satisfaction of the court, that such additional
evidence is material and there were reasonable grounds for the
failure to adduce such evidence in the proceedings before the
Director the court may order such additional evidence to be
taken before the Director and to be adduced upon the hearing in
such manner and upon such terms and conditions as to the court
may seem proper. The Director may modify his or her findings of
fact or make new findings by reason of the additional evidence
so taken, and he or she shall file such modified or new
findings with the return of such additional evidence.
(4) If the court finds (a) that the method of competition
complained of is unfair or that the act or practice complained
of is unfair or deceptive, or (b) that such unfair method of
competition or such unfair or deceptive act or practice is in
violation of this the Insurance Code or any other law of this
State and (c) that the proceeding by the Director with respect
thereto is to the interest of public and (d) that the findings
of the Director are supported by the evidence, it shall enter

an order enjoining and restraining the continuance of such
method of competition, act, or practice.
(Source: P.A. 83-346; revised 10-5-17.)
(215 ILCS 5/469) (from Ch. 73, par. 1065.16)
Sec. 469. Rebates prohibited. No broker or agent shall
knowingly charge, demand, or receive a premium for any policy
of insurance except in accordance with the provisions of this
Article. No company or employee thereof, and no broker or agent
shall pay, allow, or give, or offer to pay, allow, or give,
directly or indirectly, as an inducement to insurance, or after
insurance has been effected, any rebates, discount, abatement,
credit, or reduction of the premium named in a policy of
insurance, or any special favor or advantage in the dividends
or other benefits to accrue thereon, or any valuable
consideration or inducement whatever, not specified in the
policy of insurance, except to the extent provided for in an
applicable filing. No insured named in a policy of insurance,
nor any employee of such insured shall knowingly receive or
accept, directly or indirectly, any such rebate, discount,
abatement, credit, or reduction of premium, or any such special
favor or advantage or valuable consideration or inducement.
Nothing in this Section shall be construed as prohibiting the
payment of commissions or other compensation to duly licensed
agents and brokers, nor as prohibiting any company from
allowing or returning to its participating policyholders,

members, or subscribers, dividends, savings, or unabsorbed
premium deposits.
Sections 151 and 152 of this the Insurance Code shall not
apply to any kind of insurance subject to this Article.
(Source: P.A. 76-943; revised 10-5-17.)
(215 ILCS 5/512.63) (from Ch. 73, par. 1065.59-63)
(Section scheduled to be repealed on January 1, 2027)
Sec. 512.63. Fees. (a) The fees required by this Article
are as follows:
(1) Public Insurance Adjuster license annual fee,
$100;
(2) registration of firms, $100;
(3) application fee for processing each request to take
the written examination for a Public Adjuster license, $20.
(Source: P.A. 93-32, eff. 7-1-03; revised 11-8-17.)
(215 ILCS 5/531.03) (from Ch. 73, par. 1065.80-3)
Sec. 531.03. Coverage and limitations.
(1) This Article shall provide coverage for the policies
and contracts specified in subsection paragraph (2) of this
Section:
(a) to persons who, regardless of where they reside
(except for non-resident certificate holders under group
policies or contracts), are the beneficiaries, assignees
or payees of the persons covered under paragraph (b) of

this subsection subparagraph (1)(b), and
(b) to persons who are owners of or certificate holders
under the policies or contracts (other than unallocated
annuity contracts and structured settlement annuities) and
in each case who:
(i) are residents; or
(ii) are not residents, but only under all of the
following conditions:
(A) the insurer that issued the policies or
contracts is domiciled in this State;
(B) the states in which the persons reside have
associations similar to the Association created by
this Article;
(C) the persons are not eligible for coverage
by an association in any other state due to the
fact that the insurer was not licensed in that
state at the time specified in that state's
guaranty association law.
(c) For unallocated annuity contracts specified in
subsection (2), paragraphs (a) and (b) of this subsection
(1) shall not apply and this Article shall (except as
provided in paragraphs (e) and (f) of this subsection)
provide coverage to:
(i) persons who are the owners of the unallocated
annuity contracts if the contracts are issued to or in
connection with a specific benefit plan whose plan

sponsor has its principal place of business in this
State; and
(ii) persons who are owners of unallocated annuity
contracts issued to or in connection with government
lotteries if the owners are residents.
(d) For structured settlement annuities specified in
subsection (2), paragraphs (a) and (b) of this subsection
(1) shall not apply and this Article shall (except as
provided in paragraphs (e) and (f) of this subsection)
provide coverage to a person who is a payee under a
structured settlement annuity (or beneficiary of a payee if
the payee is deceased), if the payee:
(i) is a resident, regardless of where the contract
owner resides; or
(ii) is not a resident, but only under both of the
following conditions:
(A) with regard to residency:
(I) the contract owner of the structured
settlement annuity is a resident; or
(II) the contract owner of the structured
settlement annuity is not a resident but the
insurer that issued the structured settlement
annuity is domiciled in this State and the
state in which the contract owner resides has
an association similar to the Association
created by this Article; and

(B) neither the payee or beneficiary nor the
contract owner is eligible for coverage by the
association of the state in which the payee or
contract owner resides.
(e) This Article shall not provide coverage to:
(i) a person who is a payee or beneficiary of a
contract owner resident of this State if the payee or
beneficiary is afforded any coverage by the
association of another state; or
(ii) a person covered under paragraph (c) of this
subsection (1), if any coverage is provided by the
association of another state to that person.
(f) This Article is intended to provide coverage to a
person who is a resident of this State and, in special
circumstances, to a nonresident. In order to avoid
duplicate coverage, if a person who would otherwise receive
coverage under this Article is provided coverage under the
laws of any other state, then the person shall not be
provided coverage under this Article. In determining the
application of the provisions of this paragraph in
situations where a person could be covered by the
association of more than one state, whether as an owner,
payee, beneficiary, or assignee, this Article shall be
construed in conjunction with other state laws to result in
coverage by only one association.
(2)(a) This Article shall provide coverage to the persons

specified in subsection paragraph (1) of this Section for
direct, (i) nongroup life, health, annuity and supplemental
policies, or contracts, (ii) for certificates under direct
group policies or contracts, (iii) for unallocated annuity
contracts and (iv) for contracts to furnish health care
services and subscription certificates for medical or health
care services issued by persons licensed to transact insurance
business in this State under this the Illinois Insurance Code.
Annuity contracts and certificates under group annuity
contracts include but are not limited to guaranteed investment
contracts, deposit administration contracts, unallocated
funding agreements, allocated funding agreements, structured
settlement agreements, lottery contracts and any immediate or
deferred annuity contracts.
(b) This Article shall not provide coverage for:
(i) that portion of a policy or contract not guaranteed
by the insurer, or under which the risk is borne by the
policy or contract owner;
(ii) any such policy or contract or part thereof
assumed by the impaired or insolvent insurer under a
contract of reinsurance, other than reinsurance for which
assumption certificates have been issued;
(iii) any portion of a policy or contract to the extent
that the rate of interest on which it is based or the
interest rate, crediting rate, or similar factor is
determined by use of an index or other external reference

stated in the policy or contract employed in calculating
returns or changes in value:
(A) averaged over the period of 4 years prior to
the date on which the member insurer becomes an
impaired or insolvent insurer under this Article,
whichever is earlier, exceeds the rate of interest
determined by subtracting 2 percentage points from
Moody's Corporate Bond Yield Average averaged for that
same 4-year period or for such lesser period if the
policy or contract was issued less than 4 years before
the member insurer becomes an impaired or insolvent
insurer under this Article, whichever is earlier; and
(B) on and after the date on which the member
insurer becomes an impaired or insolvent insurer under
this Article, whichever is earlier, exceeds the rate of
interest determined by subtracting 3 percentage points
from Moody's Corporate Bond Yield Average as most
recently available;
(iv) any unallocated annuity contract issued to or in
connection with a benefit plan protected under the federal
Pension Benefit Guaranty Corporation, regardless of
whether the federal Pension Benefit Guaranty Corporation
has yet become liable to make any payments with respect to
the benefit plan;
(v) any portion of any unallocated annuity contract
which is not issued to or in connection with a specific

employee, union or association of natural persons benefit
plan or a government lottery;
(vi) an obligation that does not arise under the
express written terms of the policy or contract issued by
the insurer to the contract owner or policy owner,
including without limitation:
(A) a claim based on marketing materials;
(B) a claim based on side letters, riders, or other
documents that were issued by the insurer without
meeting applicable policy form filing or approval
requirements;
(C) a misrepresentation of or regarding policy
benefits;
(D) an extra-contractual claim; or
(E) a claim for penalties or consequential or
incidental damages;
(vii) any stop-loss insurance, as defined in clause (b)
of Class 1 or clause (a) of Class 2 of Section 4, and
further defined in subsection (d) of Section 352;
(viii) any policy or contract providing any hospital,
medical, prescription drug, or other health care benefits
pursuant to Part C or Part D of Subchapter XVIII, Chapter 7
of Title 42 of the United States Code (commonly known as
Medicare Part C & D) or any regulations issued pursuant
thereto;
(ix) any portion of a policy or contract to the extent

that the assessments required by Section 531.09 of this
Code with respect to the policy or contract are preempted
or otherwise not permitted by federal or State law;
(x) any portion of a policy or contract issued to a
plan or program of an employer, association, or other
person to provide life, health, or annuity benefits to its
employees, members, or others to the extent that the plan
or program is self-funded or uninsured, including, but not
limited to, benefits payable by an employer, association,
or other person under:
(A) a multiple employer welfare arrangement as
defined in 29 U.S.C. Section 1144;
(B) a minimum premium group insurance plan;
(C) a stop-loss group insurance plan; or
(D) an administrative services only contract;
(xi) any portion of a policy or contract to the extent
that it provides for:
(A) dividends or experience rating credits;
(B) voting rights; or
(C) payment of any fees or allowances to any
person, including the policy or contract owner, in
connection with the service to or administration of the
policy or contract;
(xii) any policy or contract issued in this State by a
member insurer at a time when it was not licensed or did
not have a certificate of authority to issue the policy or

contract in this State;
(xiii) any contractual agreement that establishes the
member insurer's obligations to provide a book value
accounting guaranty for defined contribution benefit plan
participants by reference to a portfolio of assets that is
owned by the benefit plan or its trustee, which in each
case is not an affiliate of the member insurer;
(xiv) any portion of a policy or contract to the extent
that it provides for interest or other changes in value to
be determined by the use of an index or other external
reference stated in the policy or contract, but which have
not been credited to the policy or contract, or as to which
the policy or contract owner's rights are subject to
forfeiture, as of the date the member insurer becomes an
impaired or insolvent insurer under this Code, whichever is
earlier. If a policy's or contract's interest or changes in
value are credited less frequently than annually, then for
purposes of determining the values that have been credited
and are not subject to forfeiture under this Section, the
interest or change in value determined by using the
procedures defined in the policy or contract will be
credited as if the contractual date of crediting interest
or changing values was the date of impairment or
insolvency, whichever is earlier, and will not be subject
to forfeiture; or
(xv) that portion or part of a variable life insurance

or variable annuity contract not guaranteed by an insurer.
(3) The benefits for which the Association may become
liable shall in no event exceed the lesser of:
(a) the contractual obligations for which the insurer
is liable or would have been liable if it were not an
impaired or insolvent insurer, or
(b)(i) with respect to any one life, regardless of the
number of policies or contracts:
(A) $300,000 in life insurance death benefits, but
not more than $100,000 in net cash surrender and net
cash withdrawal values for life insurance;
(B) in health insurance benefits:
(I) $100,000 for coverages not defined as
disability insurance or basic hospital, medical,
and surgical insurance or major medical insurance
or long-term care insurance, including any net
cash surrender and net cash withdrawal values;
(II) $300,000 for disability insurance and
$300,000 for long-term care insurance as defined
in Section 351A-1 of this Code; and
(III) $500,000 for basic hospital medical and
surgical insurance or major medical insurance;
(C) $250,000 in the present value of annuity
benefits, including net cash surrender and net cash
withdrawal values;
(ii) with respect to each individual participating in a

governmental retirement benefit plan established under
Section Sections 401, 403(b), or 457 of the U.S. Internal
Revenue Code covered by an unallocated annuity contract or
the beneficiaries of each such individual if deceased, in
the aggregate, $250,000 in present value annuity benefits,
including net cash surrender and net cash withdrawal
values;
(iii) with respect to each payee of a structured
settlement annuity or beneficiary or beneficiaries of the
payee if deceased, $250,000 in present value annuity
benefits, in the aggregate, including net cash surrender
and net cash withdrawal values, if any; or
(iv) with respect to either (1) one contract owner
provided coverage under subparagraph (ii) of paragraph (c)
of subsection (1) of this Section or (2) one plan sponsor
whose plans own directly or in trust one or more
unallocated annuity contracts not included in subparagraph
(ii) of paragraph (b) of this subsection, $5,000,000 in
benefits, irrespective of the number of contracts with
respect to the contract owner or plan sponsor. However, in
the case where one or more unallocated annuity contracts
are covered contracts under this Article and are owned by a
trust or other entity for the benefit of 2 or more plan
sponsors, coverage shall be afforded by the Association if
the largest interest in the trust or entity owning the
contract or contracts is held by a plan sponsor whose

principal place of business is in this State. In no event
shall the Association be obligated to cover more than
$5,000,000 in benefits with respect to all these
unallocated contracts.
In no event shall the Association be obligated to cover
more than (1) an aggregate of $300,000 in benefits with respect
to any one life under subparagraphs (i), (ii), and (iii) of
this paragraph (b) except with respect to benefits for basic
hospital, medical, and surgical insurance and major medical
insurance under item (B) of subparagraph (i) of this paragraph
(b), in which case the aggregate liability of the Association
shall not exceed $500,000 with respect to any one individual or
(2) with respect to one owner of multiple nongroup policies of
life insurance, whether the policy owner is an individual,
firm, corporation, or other person and whether the persons
insured are officers, managers, employees, or other persons,
$5,000,000 in benefits, regardless of the number of policies
and contracts held by the owner.
The limitations set forth in this subsection are
limitations on the benefits for which the Association is
obligated before taking into account either its subrogation and
assignment rights or the extent to which those benefits could
be provided out of the assets of the impaired or insolvent
insurer attributable to covered policies. The costs of the
Association's obligations under this Article may be met by the
use of assets attributable to covered policies or reimbursed to

the Association pursuant to its subrogation and assignment
rights.
(4) In performing its obligations to provide coverage under
Section 531.08 of this Code, the Association shall not be
required to guarantee, assume, reinsure, or perform or cause to
be guaranteed, assumed, reinsured, or performed the
contractual obligations of the insolvent or impaired insurer
under a covered policy or contract that do not materially
affect the economic values or economic benefits of the covered
policy or contract.
(Source: P.A. 96-1450, eff. 8-20-10; revised 10-5-17.)
(215 ILCS 5/1563)
Sec. 1563. Fees. (a) The fees required by this Article are
as follows:
(1) Public adjuster license fee of $250, payable once
every 2 years.
(2) Business entity license fee of $250, payable once
every 2 years.
(3) Application fee of $50 for processing each request
to take the written examination for a public adjuster
license.
(Source: P.A. 96-1332, eff. 1-1-11; revised 11-8-17.)
Section 340. The Health Maintenance Organization Act is
amended by changing Sections 5-1 and 5-3 as follows:

(215 ILCS 125/5-1) (from Ch. 111 1/2, par. 1409A)
Sec. 5-1. Section 155 of the Illinois Insurance Code shall
apply to Health Maintenance Organizations; except that no
action shall be brought for an unreasonable delay in the
settling of a claim if the delay is caused by the failure of
the enrollee to execute a lien as requested by the health care
plan.
(Source: P.A. 85-20; revised 10-5-17.)
(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
Sec. 5-3. Insurance Code provisions.
(a) Health Maintenance Organizations shall be subject to
the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,
356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19, 356z.21,
356z.22, 356z.25, 356z.26, 364, 364.01, 367.2, 367.2-5, 367i,
368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402,
403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c)
of subsection (2) of Section 367, and Articles IIA, VIII 1/2,
XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois
Insurance Code.
(b) For purposes of the Illinois Insurance Code, except for

Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
Maintenance Organizations in the following categories are
deemed to be "domestic companies":
(1) a corporation authorized under the Dental Service
Plan Act or the Voluntary Health Services Plans Act;
(2) a corporation organized under the laws of this
State; or
(3) a corporation organized under the laws of another
state, 30% or more of the enrollees of which are residents
of this State, except a corporation subject to
substantially the same requirements in its state of
organization as is a "domestic company" under Article VIII
1/2 of the Illinois Insurance Code.
(c) In considering the merger, consolidation, or other
acquisition of control of a Health Maintenance Organization
pursuant to Article VIII 1/2 of the Illinois Insurance Code,
(1) the Director shall give primary consideration to
the continuation of benefits to enrollees and the financial
conditions of the acquired Health Maintenance Organization
after the merger, consolidation, or other acquisition of
control takes effect;
(2)(i) the criteria specified in subsection (1)(b) of
Section 131.8 of the Illinois Insurance Code shall not
apply and (ii) the Director, in making his determination
with respect to the merger, consolidation, or other
acquisition of control, need not take into account the

effect on competition of the merger, consolidation, or
other acquisition of control;
(3) the Director shall have the power to require the
following information:
(A) certification by an independent actuary of the
adequacy of the reserves of the Health Maintenance
Organization sought to be acquired;
(B) pro forma financial statements reflecting the
combined balance sheets of the acquiring company and
the Health Maintenance Organization sought to be
acquired as of the end of the preceding year and as of
a date 90 days prior to the acquisition, as well as pro
forma financial statements reflecting projected
combined operation for a period of 2 years;
(C) a pro forma business plan detailing an
acquiring party's plans with respect to the operation
of the Health Maintenance Organization sought to be
acquired for a period of not less than 3 years; and
(D) such other information as the Director shall
require.
(d) The provisions of Article VIII 1/2 of the Illinois
Insurance Code and this Section 5-3 shall apply to the sale by
any health maintenance organization of greater than 10% of its
enrollee population (including without limitation the health
maintenance organization's right, title, and interest in and to
its health care certificates).

(e) In considering any management contract or service
agreement subject to Section 141.1 of the Illinois Insurance
Code, the Director (i) shall, in addition to the criteria
specified in Section 141.2 of the Illinois Insurance Code, take
into account the effect of the management contract or service
agreement on the continuation of benefits to enrollees and the
financial condition of the health maintenance organization to
be managed or serviced, and (ii) need not take into account the
effect of the management contract or service agreement on
competition.
(f) Except for small employer groups as defined in the
Small Employer Rating, Renewability and Portability Health
Insurance Act and except for medicare supplement policies as
defined in Section 363 of the Illinois Insurance Code, a Health
Maintenance Organization may by contract agree with a group or
other enrollment unit to effect refunds or charge additional
premiums under the following terms and conditions:
(i) the amount of, and other terms and conditions with
respect to, the refund or additional premium are set forth
in the group or enrollment unit contract agreed in advance
of the period for which a refund is to be paid or
additional premium is to be charged (which period shall not
be less than one year); and
(ii) the amount of the refund or additional premium
shall not exceed 20% of the Health Maintenance
Organization's profitable or unprofitable experience with

respect to the group or other enrollment unit for the
period (and, for purposes of a refund or additional
premium, the profitable or unprofitable experience shall
be calculated taking into account a pro rata share of the
Health Maintenance Organization's administrative and
marketing expenses, but shall not include any refund to be
made or additional premium to be paid pursuant to this
subsection (f)). The Health Maintenance Organization and
the group or enrollment unit may agree that the profitable
or unprofitable experience may be calculated taking into
account the refund period and the immediately preceding 2
plan years.
The Health Maintenance Organization shall include a
statement in the evidence of coverage issued to each enrollee
describing the possibility of a refund or additional premium,
and upon request of any group or enrollment unit, provide to
the group or enrollment unit a description of the method used
to calculate (1) the Health Maintenance Organization's
profitable experience with respect to the group or enrollment
unit and the resulting refund to the group or enrollment unit
or (2) the Health Maintenance Organization's unprofitable
experience with respect to the group or enrollment unit and the
resulting additional premium to be paid by the group or
enrollment unit.
In no event shall the Illinois Health Maintenance
Organization Guaranty Association be liable to pay any

contractual obligation of an insolvent organization to pay any
refund authorized under this Section.
(g) Rulemaking authority to implement Public Act 95-1045,
if any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17;
100-138, eff. 8-18-17; revised 10-5-17.)
Section 345. The Limited Health Service Organization Act is
amended by changing Section 4003 as follows:
(215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
Sec. 4003. Illinois Insurance Code provisions. Limited
health service organizations shall be subject to the provisions
of Sections 133, 134, 136, 137, 139, 140, 141.1, 141.2, 141.3,
143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6,
154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 355b, 356v,
356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 368a, 401, 401.1,
402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1 and
Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and
XXVI of the Illinois Insurance Code. For purposes of the
Illinois Insurance Code, except for Sections 444 and 444.1 and
Articles XIII and XIII 1/2, limited health service

organizations in the following categories are deemed to be
domestic companies:
(1) a corporation under the laws of this State; or
(2) a corporation organized under the laws of another
state, 30% or more of the enrollees of which are residents
of this State, except a corporation subject to
substantially the same requirements in its state of
organization as is a domestic company under Article VIII
1/2 of the Illinois Insurance Code.
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
100-201, eff. 8-18-17; revised 10-5-17.)
Section 350. The Viatical Settlements Act of 2009 is
amended by changing Section 5 as follows:
(215 ILCS 159/5)
Sec. 5. Definitions.
"Accredited investor" means an accredited investor as
defined in Rule 501(a) promulgated under the Securities Act of
1933 (15 U.S.C. 77 et seq.), as amended.
"Advertising" means any written, electronic, or printed
communication or any communication by means of recorded
telephone messages or transmitted on radio, television, the
Internet, or similar communications media, including film
strips, digital picture slides, motion pictures, and videos
published, disseminated, circulated, or placed before the

public in this State, for the purpose of creating an interest
in or inducing a person to sell, assign, devise, bequest, or
transfer the death benefit or ownership of a policy pursuant to
a viatical settlement contract.
"Alien licensee" means a licensee incorporated or
organized under the laws of any country other than the United
States.
"Business of viatical settlements" means any activity
involved in, but not limited to, the offering, soliciting,
negotiating, procuring, effectuating, purchasing, investing,
financing, monitoring, tracking, underwriting, selling,
transferring, assigning, pledging, or hypothecating or in any
other manner acquiring an interest in a life insurance policy
by means of a viatical settlement contract or other agreement.
"Chronically ill" means having been certified within the
preceding 12-month period by a licensed health professional as:
(1) being unable to perform, without substantial
assistance from another individual and for at least 90 days
due to a loss of functional capacity, at least 2 activities
of daily living, including, but not limited to, eating,
toileting, transferring, bathing, dressing, or continence;
(2) requiring substantial supervision to protect the
individual from threats to health and safety due to severe
cognitive impairment; or
(3) having a level of disability similar to that
described in paragraph (1) as determined by the Secretary

of Health and Human Services.
"Controlling person" means any person, firm, association,
or corporation that directly or indirectly has the power to
direct or cause to be directed the management, control, or
activities of the viatical settlement provider.
"Director" means the Director of the Division of Insurance
of the Department of Financial and Professional Regulation.
"Division" means the Division of Insurance of the
Department of Financial and Professional Regulation.
"Escrow agent" means an independent third-party person
who, pursuant to a written agreement signed by the viatical
settlement provider and viator, provides escrow services
related to the acquisition of a life insurance policy pursuant
to a viatical settlement contract. "Escrow agent" does not
include any person associated or affiliated with or under the
control of a licensee.
"Financial institution" means a financial institution as
defined by the Financial Institutions Insurance Sales Law in
Article XLIV of the Illinois Insurance Code.
"Financing entity" means an underwriter, placement agent,
lender, purchaser of securities, purchaser of a policy or
certificate from a viatical settlement provider, credit
enhancer, or an entity that has a direct ownership in a policy
that is the subject of a viatical settlement contract, and to
which both of the following apply:
(1) its principal activity related to the transaction

is providing funds to effect the viatical settlement or
purchase of one or more viaticated policies; and
(2) it has an agreement in writing with one or more
licensed viatical settlement providers to finance the
acquisition of viatical settlement contracts.
"Financing entity" does not include an investor that is not an
accredited investor.
"Financing transaction" means a transaction in which a
viatical settlement provider obtains financing from a
financing entity, including, without limitation, any secured
or unsecured financing, securitization transaction, or
securities offering that either is registered or exempt from
registration under federal and State securities law.
"Foreign licensee" means any viatical settlement provider
incorporated or organized under the laws of any state of the
United States other than this State.
"Insurance producer" means an insurance producer as
defined by Section 10 of Article XXXI of the Illinois Insurance
Code.
"Licensee" means a viatical settlement provider or
viatical settlement broker.
"Life expectancy provider" means a person who determines or
holds himself or herself out as determining life expectancies
or mortality ratings used to determine life expectancies on
behalf of or in connection with any of the following:
(1) A viatical settlement provider, viatical

settlement broker, or person engaged in the business of
viatical settlements.
(2) A viatical investment as defined by Section 2.33 of
the Illinois Securities Law of 1953 or a viatical
settlement contract.
"NAIC" means the National Association of Insurance
Commissioners.
"Person" means an individual or a legal entity, including,
without limitation, a partnership, limited liability company,
limited liability partnership, association, trust, business
trust, or corporation.
"Policy" means an individual or group policy, group
certificate, contract, or arrangement of insurance of the class
defined by subsection (a) of Section 4 of the Illinois
Insurance Code owned by a resident of this State, regardless of
whether delivered or issued for delivery in this State.
"Qualified institutional buyer" means a qualified
institutional buyer as defined in Rule 144 promulgated under
the Securities Act of 1933, as amended.
"Related provider trust" means a titling trust or other
trust established by a licensed viatical settlement provider or
a financing entity for the sole purpose of holding the
ownership or beneficial interest in purchased policies in
connection with a financing transaction. The trust shall have a
written agreement with the licensed viatical settlement
provider under which the licensed viatical settlement provider

is responsible for ensuring compliance with all statutory and
regulatory requirements and under which the trust agrees to
make all records and files related to viatical settlement
transactions available to the Director as if those records and
files were maintained directly by the licensed viatical
settlement provider.
"Special purpose entity" means a corporation, partnership,
trust, limited liability company, or other similar entity
formed only to provide, directly or indirectly, access to
institutional capital markets (i) for a financing entity or
licensed viatical settlement provider; or (ii) in connection
with a transaction in which the securities in the special
purposes entity are acquired by the viator or by qualified
institutional buyers or the securities pay a fixed rate of
return commensurate with established asset-backed
institutional capital markets.
"Stranger-originated life insurance" or "STOLI" means an
act, practice, or arrangement to initiate a life insurance
policy for the benefit of a third-party investor who, at the
time of policy origination, has no insurable interest in the
insured. STOLI practices include, but are not limited to, cases
in which life insurance is purchased with resources or
guarantees from or through a person or entity who, at the time
of policy inception, could not lawfully initiate the policy
himself or itself and where, at the time of policy inception,
there is an arrangement or agreement, whether verbal or

written, to directly or indirectly transfer the ownership of
the policy or policy benefits to a third party. Trusts created
to give the appearance of an insurable interest and used to
initiate policies for investors violate insurance interest
laws and the prohibition against wagering on life. STOLI
arrangements do not include lawful viatical settlement
contracts as permitted by this Act.
"Terminally ill" means certified by a physician as having
an illness or physical condition that reasonably is expected to
result in death in 24 months or less.
"Viatical settlement broker" means a licensed insurance
producer who has been issued a license pursuant to paragraph
(1) or (2) of subsection (a) of Section 500-35 Section
500-35(a)(1) or 500-35(a)(2) of the Illinois Insurance Code
who, working exclusively on behalf of a viator and for a fee,
commission, or other valuable consideration, offers, solicits,
promotes, or attempts to negotiate viatical settlement
contracts between a viator and one or more viatical settlement
providers or one or more viatical settlement brokers. "Viatical
settlement broker" does not include an attorney, certified
public accountant, or a financial planner accredited by a
nationally recognized accreditation agency, who is retained to
represent the viator and whose compensation is not paid
directly or indirectly by the viatical settlement provider or
purchaser.
"Viatical settlement contract" means any of the following:

(1) A written agreement between a viator and a viatical
settlement provider establishing the terms under which
compensation or anything of value is or will be paid, which
compensation or value is less than the expected death
benefits of the policy, in return for the viator's present
or future assignment, transfer, sale, devise, or bequest of
the death benefit or ownership of any portion of the
insurance policy.
(2) A written agreement for a loan or other lending
transaction, secured primarily by an individual life
insurance policy or an individual certificate of a group
life insurance policy.
(3) The transfer for compensation or value of ownership
of a beneficial interest in a trust or other entity that
owns such policy, if the trust or other entity was formed
or availed of for the principal purpose of acquiring one or
more life insurance contracts and the life insurance
contract insures the life of a person residing in this
State.
(4) A premium finance loan made for a life insurance
policy by a lender to a viator on, before, or after the
date of issuance of the policy in either of the following
situations:
(A) The viator or the insured receives a guarantee
of the viatical settlement value of the policy.
(B) The viator or the insured agrees to sell the

policy or any portion of the policy's death benefit on
any date before or after issuance of the policy.
"Viatical settlement contract" does not include any of the
following acts, practices, or arrangements listed below in
subparagraphs (a) through (i) of this definition of "viatical
settlement contract", unless part of a plan, scheme, device, or
artifice to avoid application of this Act; provided, however,
that the list of excluded items contained in subparagraphs (a)
through (i) is not intended to be an exhaustive list and that
an act, practice, or arrangement that is not described below in
subparagraphs (a) through (i) does not necessarily constitute a
viatical settlement contract:
(a) A policy loan or accelerated death benefit made by
the insurer pursuant to the policy's terms;
(b) Loan proceeds that are used solely to pay: (i)
premiums for the policy and (ii) the costs of the loan,
including, without limitation, interest, arrangement fees,
utilization fees and similar fees, closing costs, legal
fees and expenses, trustee fees and expenses, and third
party collateral provider fees and expenses, including
fees payable to letter of credit issuers;
(c) A loan made by a bank or other financial
institution in which the lender takes an interest in a life
insurance policy solely to secure repayment of a loan or,
if there is a default on the loan and the policy is
transferred, the transfer of such a policy by the lender,

provided that neither the default itself nor the transfer
of the policy in connection with the default is pursuant to
an agreement or understanding with any other person for the
purpose of evading regulation under this Act;
(d) A loan made by a lender that does not violate
Article XXXIIa of the Illinois Insurance Code, provided
that the premium finance loan is not described in this Act;
(e) An agreement in which all the parties (i) are
closely related to the insured by blood or law or (ii) have
a lawful substantial economic interest in the continued
life, health, and bodily safety of the person insured, or
trusts established primarily for the benefit of such
parties;
(f) Any designation, consent, or agreement by an
insured who is an employee of an employer in connection
with the purchase by the employer, or trust established by
the employer, of life insurance on the life of the
employee;
(g) A bona fide business succession planning
arrangement: (i) between one or more shareholders in a
corporation or between a corporation and one or more of its
shareholders or one or more trusts established by its
shareholders; (ii) between one or more partners in a
partnership or between a partnership and one or more of its
partners or one or more trusts established by its partners;
or (iii) between one or more members in a limited liability

company or between a limited liability company and one or
more of its members or one or more trusts established by
its members;
(h) An agreement entered into by a service recipient,
or a trust established by the service recipient, and a
service provider, or a trust established by the service
provider, who performs significant services for the
service recipient's trade or business; or
(i) Any other contract, transaction, or arrangement
exempted from the definition of viatical settlement
contract by the Director based on the Director's
determination that the contract, transaction, or
arrangement is not of the type intended to be regulated by
this Act.
"Viatical settlement investment agent" means a person who
is an appointed or contracted agent of a licensed viatical
settlement provider who solicits or arranges the funding for
the purchase of a viatical settlement by a viatical settlement
purchaser and who is acting on behalf of a viatical settlement
provider. A viatical settlement investment agent is deemed to
represent the viatical settlement provider of whom the viatical
settlement investment agent is an appointed or contracted
agent.
"Viatical settlement provider" means a person, other than a
viator, who enters into or effectuates a viatical settlement
contract with a viator. "Viatical settlement provider" does not

include:
(1) a bank, savings bank, savings and loan association,
credit union, or other financial institution that takes an
assignment of a policy as collateral for a loan;
(2) a financial institution or premium finance company
making premium finance loans and exempted by the Director
from the licensing requirement under the premium finance
laws where the institution or company takes an assignment
of a life insurance policy solely as collateral for a
premium finance loan;
(3) the issuer of the life insurance policy;
(4) an authorized or eligible insurer that provides
stop loss coverage or financial guaranty insurance to a
viatical settlement provider, purchaser, financing entity,
special purpose entity, or related provider trust;
(5) An individual person who enters into or effectuates
no more than one viatical settlement contract in a calendar
year for the transfer of policies for any value less than
the expected death benefit;
(6) a financing entity;
(7) a special purpose entity;
(8) a related provider trust;
(9) a viatical settlement purchaser; or
(10) any other person that the Director determines is
consistent with the definition of viatical settlement
provider.

"Viatical settlement purchaser" means a person who
provides a sum of money as consideration for a life insurance
policy or an interest in the death benefits of a life insurance
policy, or a person who owns or acquires or is entitled to a
beneficial interest in a trust that owns a viatical settlement
contract or is the beneficiary of a life insurance policy, in
each case where such policy has been or will be the subject of
a viatical settlement contract, for the purpose of deriving an
economic benefit. "Viatical settlement purchaser" does not
include: (i) a licensee under this Act; (ii) an accredited
investor or qualified institutional buyer; (iii) a financing
entity; (iv) a special purpose entity; or (v) a related
provider trust.
"Viaticated policy" means a life insurance policy that has
been acquired by a viatical settlement provider pursuant to a
viatical settlement contract.
"Viator" means the owner of a life insurance policy or a
certificate holder under a group policy who enters or seeks to
enter into a viatical settlement contract. For the purposes of
this Act, a viator is not limited to an owner of a life
insurance policy or a certificate holder under a group policy
insuring the life of an individual with a terminal or chronic
illness or condition, except where specifically addressed.
"Viator" does not include:
(1) a licensee;
(2) a qualified institutional buyer;

(3) a financing entity;
(4) a special purpose entity; or
(5) a related provider trust.
(Source: P.A. 96-736, eff. 7-1-10; revised 10-5-17.)
Section 355. The Voluntary Health Services Plans Act is
amended by changing Section 10 as follows:
(215 ILCS 165/10) (from Ch. 32, par. 604)
Sec. 10. Application of Insurance Code provisions. Health
services plan corporations and all persons interested therein
or dealing therewith shall be subject to the provisions of
Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g,
356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y,
356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9,
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.18,
356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 364.01, 367.2,
368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and
paragraphs (7) and (15) of Section 367 of the Illinois
Insurance Code.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
revised 10-5-17.)
Section 360. The Unclaimed Life Insurance Benefits Act is
amended by changing Sections 15 and 35 as follows:
(215 ILCS 185/15)
Sec. 15. Insurer conduct.
(a) An insurer shall initially perform a comparison of its
insureds', annuitants', and retained asset account holders'
in-force policies, annuity contracts, and retained asset
accounts in force on or after January 1, 2017 by using the full
Death Master File. The initial comparison shall be completed on
or before December 31, 2017. An insurer required to perform a
comparison of its insureds', annuitants', and retained asset
account holders' in-force policies, annuity contracts, and
retained asset accounts in force on or after January 1, 2012
shall perform a comparison of policies, annuity contracts, and
retained asset accounts in force between January 1, 2012 and
December 31, 2016 on or before December 31, 2018 by using the
full Death Master File. An insurer required to perform a
comparison of electronic searchable files concerning its
insureds', annuitants', and retained asset account holders'
in-force policies, annuity contracts, and retained asset
accounts in force on or after January 1, 2000 shall perform a

comparison of policies, annuity contracts, and retained asset
accounts in force between January 1, 2000 and December 31, 2016
on or before December 31, 2018 by using the full Death Master
File. Thereafter, an insurer shall perform a comparison on at
least a semi-annual basis using the Death Master File update
files for comparisons to identify potential matches of its
insureds, annuitants, and retained asset account holders. In
the event that one of the insurer's lines of business conducts
a search for matches of its insureds, annuitants, and retained
asset account holders against the Death Master File at
intervals more frequently than semi-annually, then all lines of
the insurer's business shall conduct searches for matches
against the Death Master File with the same frequency. Within 6
months after acquisition of policies, annuity contracts, or
retained asset accounts from another insurer, the acquiring
insurer shall compare all newly acquired policies, annuity
contracts, and retained asset accounts that were not searched
by the previous insurer in compliance with this Act against the
complete Death Master File to identify potential matches of its
insureds, annuitants, and retained asset account holders. Upon
any subsequent acquisition of policies, annuity contracts, or
retained asset accounts from another insurer, when the previous
insurer has already conducted a search of the newly acquired
policies, annuity contracts, and retained asset accounts using
the complete Death Master File, the acquiring insurer shall
compare all newly acquired policies, annuity contracts, and

retained asset accounts using all of the Death Master File
updates since the time the previous insurer conducted the
complete search to identify potential matches of its insureds,
annuitants, and retained asset account holders.
An insured, an annuitant, or a retained asset account
holder is presumed dead if the date of his or her death is
indicated by the comparison required in this subsection (a),
unless the insurer has competent and substantial evidence that
the person is living, including, but not limited to, a contact
made by the insurer with the person or his or her legal
representative.
For those potential matches identified as a result of a
Death Master File match, the insurer shall within 120 days
after the date of death notice, if the insurer has not been
contacted by a beneficiary, determine whether benefits are due
in accordance with the applicable policy or contract and, if
benefits are due in accordance with the applicable policy or
contract:
(1) use good faith efforts, which shall be documented
by the insurer, to locate the beneficiary or beneficiaries;
the Department shall establish by administrative rule
minimum standards for what constitutes good faith efforts
to locate a beneficiary, which shall include: (A) searching
insurer records; (B) the appropriate use of First Class
United States mail, e-mail addresses, and telephone calls;
and (C) reasonable efforts by insurers to obtain updated

contact information for the beneficiary or beneficiaries;
good faith efforts shall not include additional attempts to
contact the beneficiary at an address already confirmed not
to be current; and
(2) provide the appropriate claims forms or
instructions to the beneficiary or beneficiaries to make a
claim, including the need to provide an official death
certificate if applicable under the policy or annuity
contract.
(b) Insurers shall implement procedures to account for the
following when conducting searches of the Death Master File:
(1) common nicknames, initials used in lieu of a first
or middle name, use of a middle name, compound first and
middle names, and interchanged first and middle names;
(2) compound last names, maiden or married names, and
hyphens, blank spaces, or apostrophes in last names;
(3) transposition of the "month" and "date" portions of
the date of birth; and
(4) incomplete social security numbers.
(c) To the extent permitted by law, an insurer may disclose
the minimum necessary personal information about the insured,
annuity owner, retained asset account holder, or beneficiary to
a person whom the insurer reasonably believes may be able to
assist the insurer with locating the beneficiary or a person
otherwise entitled to payment of the claims proceeds.
(d) An insurer or its service provider shall not charge any

beneficiary or other authorized representative for any fees or
costs associated with a Death Master File search or
verification of a Death Master File match conducted pursuant to
this Act.
(e) The benefits from a policy, annuity contract, or a
retained asset account, plus any applicable accrued interest,
shall first be payable to the designated beneficiaries or
owners and, in the event the beneficiaries or owners cannot be
found, shall be reported and delivered to the State Treasurer
pursuant to the Revised Uniform Unclaimed Property Act. Nothing
in this subsection (e) is intended to alter the amounts
reportable under the existing provisions of the Revised Uniform
Unclaimed Property Act or to allow the imposition of additional
statutory interest under Article XIV of the Illinois Insurance
Code.
(f) Failure to meet any requirement of this Section with
such frequency as to constitute a general business practice is
a violation of Section 424 of the Illinois Insurance Code.
Nothing in this Section shall be construed to create or imply a
private cause of action for a violation of this Section.
(Source: P.A. 99-893, eff. 1-1-17; 100-22, eff. 1-1-18;
100-543, eff. 1-1-18; revised 12-8-17.)
(215 ILCS 185/35)
Sec. 35. Application.
(a) Except as provided in subsections (b), (c), and (d),

the provisions of this Act apply to policies, annuity
contracts, and retained asset accounts in force at any time on
or after January 1, 2012.
(b) For an insurer that has entered into a written
agreement with the State Treasurer on or before December 31,
2018 to resolve an unclaimed property examination pursuant to
the Uniform Disposition of Unclaimed Property Act or the
Revised Uniform Unclaimed Property Act, the provisions of this
Act apply to policies, annuity contracts, and retained asset
accounts in force on or after January 1, 2017.
(c) Notwithstanding subsection (a), the provisions of this
Act shall apply to policies, annuity contracts, and retained
asset accounts in force at any time on or after January 1, 2000
to the extent that an insurer has electronic searchable files
concerning such policies, annuity contracts, and retained
asset accounts.
(d) This Act does not apply to a lapsed or terminated
policy with no benefits payable that was compared against the
Death Master File within the 18 months following the date of
the lapse or termination of the applicable policy or that was
searched more than 18 months prior to the most recent
comparison against the Death Master File conducted by the
insurer.
(Source: P.A. 99-893, eff. 1-1-17; 100-543, eff. 1-1-18;
revised 12-14-17.)

Section 365. The Public Utilities Act is amended by
changing Section 13-703 as follows:
(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
(Section scheduled to be repealed on December 31, 2020)
Sec. 13-703. (a) The Commission shall design and implement
a program whereby each telecommunications carrier providing
local exchange service shall provide a telecommunications
device capable of servicing the needs of those persons with a
hearing or speech disability together with a single party line,
at no charge additional to the basic exchange rate, to any
subscriber who is certified as having a hearing or speech
disability by a hearing care professional, as defined in the
Hearing Instrument Consumer Protection Act, a speech-language
pathologist, or a qualified State agency and to any subscriber
which is an organization serving the needs of those persons
with a hearing or speech disability as determined and specified
by the Commission pursuant to subsection (d).
(b) The Commission shall design and implement a program,
whereby each telecommunications carrier providing local
exchange service shall provide a telecommunications relay
system, using third party intervention to connect those persons
having a hearing or speech disability with persons of normal
hearing by way of intercommunications devices and the telephone
system, making available reasonable access to all phases of
public telephone service to persons who have a hearing or

speech disability. In order to design a telecommunications
relay system which will meet the requirements of those persons
with a hearing or speech disability available at a reasonable
cost, the Commission shall initiate an investigation and
conduct public hearings to determine the most cost-effective
method of providing telecommunications relay service to those
persons who have a hearing or speech disability when using
telecommunications devices and therein solicit the advice,
counsel, and physical assistance of Statewide nonprofit
consumer organizations that serve persons with hearing or
speech disabilities in such hearings and during the development
and implementation of the system. The Commission shall phase in
this program, on a geographical basis, as soon as is
practicable, but no later than June 30, 1990.
(c) The Commission shall establish a competitively neutral
rate recovery mechanism that establishes charges in an amount
to be determined by the Commission for each line of a
subscriber to allow telecommunications carriers providing
local exchange service to recover costs as they are incurred
under this Section. Beginning no later than April 1, 2016, and
on a yearly basis thereafter, the Commission shall initiate a
proceeding to establish the competitively neutral amount to be
charged or assessed to subscribers of telecommunications
carriers and wireless carriers, Interconnected VoIP service
providers, and consumers of prepaid wireless
telecommunications service in a manner consistent with this

subsection (c) and subsection (f) of this Section. The
Commission shall issue its order establishing the
competitively neutral amount to be charged or assessed to
subscribers of telecommunications carriers and wireless
carriers, Interconnected VoIP service providers, and
purchasers of prepaid wireless telecommunications service on
or prior to June 1 of each year, and such amount shall take
effect June 1 of each year.
Telecommunications carriers, wireless carriers,
Interconnected VoIP service providers, and sellers of prepaid
wireless telecommunications service shall have 60 days from the
date the Commission files its order to implement the new rate
established by the order.
(d) The Commission shall determine and specify those
organizations serving the needs of those persons having a
hearing or speech disability that shall receive a
telecommunications device and in which offices the equipment
shall be installed in the case of an organization having more
than one office. For the purposes of this Section,
"organizations serving the needs of those persons with hearing
or speech disabilities" means centers for independent living as
described in Section 12a of the Rehabilitation of Persons with
Disabilities Act and not-for-profit organizations whose
primary purpose is serving the needs of those persons with
hearing or speech disabilities. The Commission shall direct the
telecommunications carriers subject to its jurisdiction and

this Section to comply with its determinations and
specifications in this regard.
(e) As used in this Section:
"Prepaid wireless telecommunications service" has the
meaning given to that term under Section 10 of the Prepaid
Wireless 9-1-1 Surcharge Act.
"Retail transaction" has the meaning given to that term
under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
"Seller" has the meaning given to that term under Section
10 of the Prepaid Wireless 9-1-1 Surcharge Act.
"Telecommunications carrier providing local exchange
service" includes, without otherwise limiting the meaning of
the term, telecommunications carriers which are purely mutual
concerns, having no rates or charges for services, but paying
the operating expenses by assessment upon the members of such a
company and no other person.
"Wireless carrier" has the meaning given to that term under
Section 2 of the Emergency Telephone System Act.
(f) Interconnected VoIP service providers, sellers of
prepaid wireless telecommunications service, and wireless
carriers in Illinois shall collect and remit assessments
determined in accordance with this Section in a competitively
neutral manner in the same manner as a telecommunications
carrier providing local exchange service. However, the
assessment imposed on consumers of prepaid wireless
telecommunications service shall be collected by the seller

from the consumer and imposed per retail transaction as a
percentage of that retail transaction on all retail
transactions occurring in this State. The assessment on
subscribers of wireless carriers and consumers of prepaid
wireless telecommunications service shall not be imposed or
collected prior to June 1, 2016.
Sellers of prepaid wireless telecommunications service
shall remit the assessments to the Department of Revenue on the
same form and in the same manner which they remit the fee
collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
the purposes of display on the consumers' receipts, the rates
of the fee collected under the Prepaid Wireless 9-1-1 Surcharge
Act and the assessment under this Section may be combined. In
administration and enforcement of this Section, the provisions
of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
Section 15 and subsections (c) and (e) of Section 20 of the
Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015
(the effective date of Public Act 99-6), the seller shall be
permitted to deduct and retain 3% of the assessments that are
collected by the seller from consumers and that are remitted
and timely filed with the Department) that are not inconsistent
with this Section, shall apply, as far as practicable, to the
subject matter of this Section to the same extent as if those
provisions were included in this Section. Beginning on January
1, 2018, the seller is allowed to deduct and retain 3% of the

assessments that are collected by the seller from consumers and
that are remitted timely and timely filed with the Department,
but only if the return is filed electronically as provided in
Section 3 of the Retailers' Occupation Tax Act. Sellers who
demonstrate that they do not have access to the Internet or
demonstrate hardship in filing electronically may petition the
Department to waive the electronic filing requirement. The
Department shall deposit all assessments and penalties
collected under this Section into the Illinois
Telecommunications Access Corporation Fund, a special fund
created in the State treasury. On or before the 25th day of
each calendar month, the Department shall prepare and certify
to the Comptroller the amount available to the Commission for
distribution out of the Illinois Telecommunications Access
Corporation Fund. The amount certified shall be the amount (not
including credit memoranda) collected during the second
preceding calendar month by the Department, plus an amount the
Department determines is necessary to offset any amounts which
were erroneously paid to a different taxing body or fund. The
amount paid to the Illinois Telecommunications Access
Corporation Fund shall not include any amount equal to the
amount of refunds made during the second preceding calendar
month by the Department to retailers under this Section or any
amount that the Department determines is necessary to offset
any amounts which were payable to a different taxing body or
fund but were erroneously paid to the Illinois

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

Communications Commission regulation.
(g) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(h) The Commission may adopt rules necessary to implement
this Section.
(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; 99-642,
eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff. 1-27-17;
100-20, eff. 7-1-17; 100-201, eff. 8-18-17; 100-303, eff.
8-24-17; revised 10-2-17.)
Section 370. The Gas Transmission Facilities Act is amended
by changing Section 1.03 as follows:
(220 ILCS 25/1.03) (from Ch. 111 2/3, par. 571.03)
Sec. 1.03. "Private energy entity" includes every person,
corporation, political subdivision, and public agency of the
State who generates or produces natural gas for energy for his
or its own consumption or the consumption of his or its tenants
or for direct sale to others, excluding sales for resale, and
every person, corporation, political subdivision, and public
agency of the State who buys natural gas at the wellhead for
his or its own consumption or the consumption of his or its
tenants and not for sale to others. A private energy entity
shall not be found to be a public utility as defined by the
"Public Utilities Act", approved June 29, 1921, as amended,
merely because of its activities in transmitting natural gas.

(Source: P.A. 83-1290; revised 9-27-17.)
Section 375. The Illinois Underground Utility Facilities
Damage Prevention Act is amended by changing Section 2.2 as
follows:
(220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2)
Sec. 2.2. Underground utility facilities. (a) "Underground
utility facilities" or "facilities" means and includes wires,
ducts, fiber optic cable, conduits, pipes, sewers, and cables
and their connected appurtenances installed beneath the
surface of the ground by:
(1) a public utility as defined in the Public Utilities
Act;
(2) a municipally owned or mutually owned utility
providing a similar utility service;
(3) a pipeline entity transporting gases, crude oil,
petroleum products, or other hydrocarbon materials within
the State;
(4) a telecommunications carrier as defined in the
Universal Telephone Service Protection Law of 1985, or by a
company described in Section 1 of the Telephone Company
Act;
(5) a community antenna television system, as defined
in the Illinois Municipal Code or the Counties Code;
(6) a holder, as that term is defined in the Cable and

Video Competition Law of 2007;
(7) any other entity owning or operating underground
facilities that transport generated electrical power to
other utility owners or operators or transport generated
electrical power within the internal electric grid of a
wind turbine generation farm; and
(8) an electric cooperative as defined in the Public
Utilities Act.
(Source: P.A. 96-714, eff. 1-1-10; revised 11-8-17.)
Section 380. The Illinois Dental Practice Act is amended by
changing Section 4 as follows:
(225 ILCS 25/4) (from Ch. 111, par. 2304)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's
website or by contacting the Department.
"Department" means the Department of Financial and
Professional Regulation.
"Secretary" means the Secretary of Financial and

Professional Regulation.
"Board" means the Board of Dentistry.
"Dentist" means a person who has received a general license
pursuant to paragraph (a) of Section 11 of this Act and who may
perform any intraoral and extraoral procedure required in the
practice of dentistry and to whom is reserved the
responsibilities specified in Section 17.
"Dental hygienist" means a person who holds a license under
this Act to perform dental services as authorized by Section
18.
"Dental assistant" means an appropriately trained person
who, under the supervision of a dentist, provides dental
services as authorized by Section 17.
"Expanded function dental assistant" means a dental
assistant who has completed the training required by Section
17.1 of this Act.
"Dental laboratory" means a person, firm or corporation
which:
(i) engages in making, providing, repairing or
altering dental prosthetic appliances and other artificial
materials and devices which are returned to a dentist for
insertion into the human oral cavity or which come in
contact with its adjacent structures and tissues; and
(ii) utilizes or employs a dental technician to provide
such services; and
(iii) performs such functions only for a dentist or

dentists.
"Supervision" means supervision of a dental hygienist or a
dental assistant requiring that a dentist authorize the
procedure, remain in the dental facility while the procedure is
performed, and approve the work performed by the dental
hygienist or dental assistant before dismissal of the patient,
but does not mean that the dentist must be present at all times
in the treatment room.
"General supervision" means supervision of a dental
hygienist requiring that the patient be a patient of record,
that the dentist examine the patient in accordance with Section
18 prior to treatment by the dental hygienist, and that the
dentist authorize the procedures which are being carried out by
a notation in the patient's record, but not requiring that a
dentist be present when the authorized procedures are being
performed. The issuance of a prescription to a dental
laboratory by a dentist does not constitute general
supervision.
"Public member" means a person who is not a health
professional. For purposes of board membership, any person with
a significant financial interest in a health service or
profession is not a public member.
"Dentistry" means the healing art which is concerned with
the examination, diagnosis, treatment planning and care of
conditions within the human oral cavity and its adjacent
tissues and structures, as further specified in Section 17.

"Branches of dentistry" means the various specialties of
dentistry which, for purposes of this Act, shall be limited to
the following: endodontics, oral and maxillofacial surgery,
orthodontics and dentofacial orthopedics, pediatric dentistry,
periodontics, prosthodontics, and oral and maxillofacial
radiology.
"Specialist" means a dentist who has received a specialty
license pursuant to Section 11(b).
"Dental technician" means a person who owns, operates or is
employed by a dental laboratory and engages in making,
providing, repairing or altering dental prosthetic appliances
and other artificial materials and devices which are returned
to a dentist for insertion into the human oral cavity or which
come in contact with its adjacent structures and tissues.
"Impaired dentist" or "impaired dental hygienist" means a
dentist or dental hygienist who is unable to practice with
reasonable skill and safety because of a physical or mental
disability as evidenced by a written determination or written
consent based on clinical evidence, including deterioration
through the aging process, loss of motor skills, abuse of drugs
or alcohol, or a psychiatric disorder, of sufficient degree to
diminish the person's ability to deliver competent patient
care.
"Nurse" means a registered professional nurse, a certified
registered nurse anesthetist licensed as an advanced practice
registered nurse, or a licensed practical nurse licensed under

the Nurse Practice Act.
"Patient of record" means a patient for whom the patient's
most recent dentist has obtained a relevant medical and dental
history and on whom the dentist has performed an examination
and evaluated the condition to be treated.
"Dental responder" means a dentist or dental hygienist who
is appropriately certified in disaster preparedness,
immunizations, and dental humanitarian medical response
consistent with the Society of Disaster Medicine and Public
Health and training certified by the National Incident
Management System or the National Disaster Life Support
Foundation.
"Mobile dental van or portable dental unit" means any
self-contained or portable dental unit in which dentistry is
practiced that can be moved, towed, or transported from one
location to another in order to establish a location where
dental services can be provided.
"Public health dental hygienist" means a hygienist who
holds a valid license to practice in the State, has 2 years of
full-time clinical experience or an equivalent of 4,000 hours
of clinical experience and has completed at least 42 clock
hours of additional structured courses in dental education
approved by rule by the Department in advanced areas specific
to public health dentistry, including, but not limited to,
emergency procedures for medically compromised patients,
pharmacology, medical recordkeeping procedures, geriatric

dentistry, pediatric dentistry, pathology, and other areas of
study as determined by the Department, and works in a public
health setting pursuant to a written public health supervision
agreement as defined by rule by the Department with a dentist
working in or contracted with a local or State government
agency or institution or who is providing services as part of a
certified school-based program or school-based oral health
program.
"Public health setting" means a federally qualified health
center; a federal, State, or local public health facility; Head
Start; a special supplemental nutrition program for Women,
Infants, and Children (WIC) facility; or a certified
school-based health center or school-based oral health
program.
"Public health supervision" means the supervision of a
public health dental hygienist by a licensed dentist who has a
written public health supervision agreement with that public
health dental hygienist while working in an approved facility
or program that allows the public health dental hygienist to
treat patients, without a dentist first examining the patient
and being present in the facility during treatment, (1) who are
eligible for Medicaid or (2) who are uninsured and whose
household income is not greater than 200% of the federal
poverty level.
(Source: P.A. 99-25, eff. 1-1-16; 99-492, eff. 12-31-15;
99-680, eff. 1-1-17; 100-215, eff. 1-1-18; 100-513, eff.

1-1-18; revised 9-29-17.)
Section 385. The Medical Practice Act of 1987 is amended by
changing Sections 22 and 54.5 as follows:
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on December 31, 2019)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on probation,
reprimand, refuse to issue or renew, or take any other
disciplinary or non-disciplinary action as the Department may
deem proper with regard to the license or permit of any person
issued under this Act, including imposing fines not to exceed
$10,000 for each violation, upon any of the following grounds:
(1) Performance of an elective abortion in any place,
locale, facility, or institution other than:
(a) a facility licensed pursuant to the Ambulatory
Surgical Treatment Center Act;
(b) an institution licensed under the Hospital
Licensing Act;
(c) an ambulatory surgical treatment center or
hospitalization or care facility maintained by the
State or any agency thereof, where such department or
agency has authority under law to establish and enforce
standards for the ambulatory surgical treatment
centers, hospitalization, or care facilities under its

management and control;
(d) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by the
Federal Government; or
(e) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by any
university or college established under the laws of
this State and supported principally by public funds
raised by taxation.
(2) Performance of an abortion procedure in a willful
and wanton manner on a woman who was not pregnant at the
time the abortion procedure was performed.
(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States of any crime that is a felony.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, of alcohol, or of any

other substances which results in the inability to practice
with reasonable judgment, skill or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine or doctor of chiropractic, a
certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof. This includes any adverse action taken by a State
or federal agency that prohibits a medical doctor, doctor
of osteopathy, doctor of osteopathic medicine, or doctor of
chiropractic from providing services to the agency's
participants.
(13) Violation of any provision of this Act or of the

Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action of
the Secretary, after consideration of the recommendation
of the Disciplinary Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Disciplinary Board that the
registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking or agreeing to cure or treat
disease by a secret method, procedure, treatment or
medicine, or the treating, operating or prescribing for any
human condition by a method, means or procedure which the
licensee refuses to divulge upon demand of the Department.

(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Willfully making or filing false records or
reports in his or her practice as a physician, including,
but not limited to, false records to support claims against
the medical assistance program of the Department of
Healthcare and Family Services (formerly Department of
Public Aid) under the Illinois Public Aid Code.
(22) Willful omission to file or record, or willfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or willfully failing to report an instance
of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and willful and continued overcharging for
professional services, including filing false statements

for collection of fees for which services are not rendered,
including, but not limited to, filing such false statements
for collection of monies for services not rendered from the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill or safety.
(29) Cheating on or attempt to subvert the licensing
examinations administered under this Act.
(30) Willfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed

under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any peer
review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of a
license or authorization to practice as a medical doctor, a
doctor of osteopathy, a doctor of osteopathic medicine, or
doctor of chiropractic in another state or jurisdiction, or
surrender of membership on any medical staff or in any
medical or professional association or society, while
under disciplinary investigation by any of those
authorities or bodies, for acts or conduct similar to acts
or conduct which would constitute grounds for action as
defined in this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability

claim related to acts or conduct similar to acts or conduct
which would constitute grounds for action as defined in
this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of 1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
registered nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice registered nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Pilot Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing

psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.
(47) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(48) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective Services
Act, and upon proof by clear and convincing evidence that
the licensee abused, neglected, or financially exploited
an eligible adult as defined in the Adult Protective
Services Act.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents

alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of the
complaint. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of 2 years from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the Disciplinary Board that they have been
determined to be recovered from mental illness by the court and
upon the Disciplinary Board's recommendation that they be
permitted to resume their practice.

The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined by
the Illinois Department of Revenue.
The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission
of any act, including, but not limited to, commission of an
act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Disciplinary Board or the

Licensing Board, upon a showing of a possible violation, may
compel, in the case of the Disciplinary Board, any individual
who is licensed to practice under this Act or holds a permit to
practice under this Act, or, in the case of the Licensing
Board, any individual who has applied for licensure or a permit
pursuant to this Act, to submit to a mental or physical
examination and evaluation, or both, which may include a
substance abuse or sexual offender evaluation, as required by
the Licensing Board or Disciplinary Board and at the expense of
the Department. The Disciplinary Board or Licensing Board shall
specifically designate the examining physician licensed to
practice medicine in all of its branches or, if applicable, the
multidisciplinary team involved in providing the mental or
physical examination and evaluation, or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited

to, blood testing, urinalysis, psychological testing, or
neuropsychological testing. The Disciplinary Board, the
Licensing Board, or the Department may order the examining
physician or any member of the multidisciplinary team to
provide to the Department, the Disciplinary Board, or the
Licensing Board any and all records, including business
records, that relate to the examination and evaluation,
including any supplemental testing performed. The Disciplinary
Board, the Licensing Board, or the Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,

another physician of his or her choice present during all
aspects of the examination. Failure of any individual to submit
to mental or physical examination and evaluation, or both, when
directed, shall result in an automatic suspension, without
hearing, until such time as the individual submits to the
examination. If the Disciplinary Board or Licensing Board finds
a physician unable to practice following an examination and
evaluation because of the reasons set forth in this Section,
the Disciplinary Board or Licensing Board shall require such
physician to submit to care, counseling, or treatment by
physicians, or other health care professionals, approved or
designated by the Disciplinary Board, as a condition for
issued, continued, reinstated, or renewed licensure to
practice. Any physician, whose license was granted pursuant to
Sections 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined or supervised, subject to such terms,
conditions or restrictions who shall fail to comply with such
terms, conditions or restrictions, or to complete a required
program of care, counseling, or treatment, as determined by the
Chief Medical Coordinator or Deputy Medical Coordinators,
shall be referred to the Secretary for a determination as to
whether the licensee shall have their license suspended
immediately, pending a hearing by the Disciplinary Board. In
instances in which the Secretary immediately suspends a license
under this Section, a hearing upon such person's license must
be convened by the Disciplinary Board within 15 days after such

suspension and completed without appreciable delay. The
Disciplinary Board shall have the authority to review the
subject physician's record of treatment and counseling
regarding the impairment, to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Disciplinary Board that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction with
other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Illinois
State Medical Disciplinary Fund.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing

any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this subsection
B shall be prohibited from practicing medicine or treating
human ailments without the use of drugs and without operative
surgery.
(C) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine to
a physician based solely upon the recommendation of the
physician to an eligible patient regarding, or prescription
for, or treatment with, an investigational drug, biological
product, or device.
(D) The Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,
for the first violation, a civil penalty of $1,000 and for a
second or subsequent violation, a civil penalty of $5,000.

(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
100-429, eff. 8-25-17; 100-513, eff. 1-1-18; revised 9-29-17.)
(225 ILCS 60/54.5)
(Section scheduled to be repealed on December 31, 2019)
Sec. 54.5. Physician delegation of authority to physician
assistants, advanced practice registered nurses without full
practice authority, and prescribing psychologists.
(a) Physicians licensed to practice medicine in all its
branches may delegate care and treatment responsibilities to a
physician assistant under guidelines in accordance with the
requirements of the Physician Assistant Practice Act of 1987. A
physician licensed to practice medicine in all its branches may
enter into collaborative agreements with no more than 5
full-time equivalent physician assistants, except in a
hospital, hospital affiliate, or ambulatory surgical treatment
center as set forth by Section 7.7 of the Physician Assistant
Practice Act of 1987.
(b) A physician licensed to practice medicine in all its
branches in active clinical practice may collaborate with an
advanced practice registered nurse in accordance with the
requirements of the Nurse Practice Act. Collaboration is for
the purpose of providing medical consultation, and no
employment relationship is required. A written collaborative
agreement shall conform to the requirements of Section 65-35 of
the Nurse Practice Act. The written collaborative agreement

shall be for services in the same area of practice or specialty
as the collaborating physician in his or her clinical medical
practice. A written collaborative agreement shall be adequate
with respect to collaboration with advanced practice
registered nurses if all of the following apply:
(1) The agreement is written to promote the exercise of
professional judgment by the advanced practice registered
nurse commensurate with his or her education and
experience.
(2) The advanced practice registered nurse provides
services based upon a written collaborative agreement with
the collaborating physician, except as set forth in
subsection (b-5) of this Section. With respect to labor and
delivery, the collaborating physician must provide
delivery services in order to participate with a certified
nurse midwife.
(3) Methods of communication are available with the
collaborating physician in person or through
telecommunications for consultation, collaboration, and
referral as needed to address patient care needs.
(b-5) An anesthesiologist or physician licensed to
practice medicine in all its branches may collaborate with a
certified registered nurse anesthetist in accordance with
Section 65-35 of the Nurse Practice Act for the provision of
anesthesia services. With respect to the provision of
anesthesia services, the collaborating anesthesiologist or

physician shall have training and experience in the delivery of
anesthesia services consistent with Department rules.
Collaboration shall be adequate if:
(1) an anesthesiologist or a physician participates in
the joint formulation and joint approval of orders or
guidelines and periodically reviews such orders and the
services provided patients under such orders; and
(2) for anesthesia services, the anesthesiologist or
physician participates through discussion of and agreement
with the anesthesia plan and is physically present and
available on the premises during the delivery of anesthesia
services for diagnosis, consultation, and treatment of
emergency medical conditions. Anesthesia services in a
hospital shall be conducted in accordance with Section 10.7
of the Hospital Licensing Act and in an ambulatory surgical
treatment center in accordance with Section 6.5 of the
Ambulatory Surgical Treatment Center Act.
(b-10) The anesthesiologist or operating physician must
agree with the anesthesia plan prior to the delivery of
services.
(c) The collaborating physician shall have access to the
medical records of all patients attended by a physician
assistant. The collaborating physician shall have access to the
medical records of all patients attended to by an advanced
practice registered nurse.
(d) (Blank).

(e) A physician shall not be liable for the acts or
omissions of a prescribing psychologist, physician assistant,
or advanced practice registered nurse solely on the basis of
having signed a supervision agreement or guidelines or a
collaborative agreement, an order, a standing medical order, a
standing delegation order, or other order or guideline
authorizing a prescribing psychologist, physician assistant,
or advanced practice registered nurse to perform acts, unless
the physician has reason to believe the prescribing
psychologist, physician assistant, or advanced practice
registered nurse lacked the competency to perform the act or
acts or commits willful and wanton misconduct.
(f) A collaborating physician may, but is not required to,
delegate prescriptive authority to an advanced practice
registered nurse as part of a written collaborative agreement,
and the delegation of prescriptive authority shall conform to
the requirements of Section 65-40 of the Nurse Practice Act.
(g) A collaborating physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written collaborative agreement, and the delegation
of prescriptive authority shall conform to the requirements of
Section 7.5 of the Physician Assistant Practice Act of 1987.
(h) (Blank).
(i) A collaborating physician shall delegate prescriptive
authority to a prescribing psychologist as part of a written
collaborative agreement, and the delegation of prescriptive

authority shall conform to the requirements of Section 4.3 of
the Clinical Psychologist Licensing Act.
(j) As set forth in Section 22.2 of this Act, a licensee
under this Act may not directly or indirectly divide, share, or
split any professional fee or other form of compensation for
professional services with anyone in exchange for a referral or
otherwise, other than as provided in Section 22.2.
(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
100-513, eff. 1-1-18; revised 9-29-17.)
Section 390. The Pharmacy Practice Act is amended by
changing Sections 3 and 4 as follows:
(225 ILCS 85/3)
(Section scheduled to be repealed on January 1, 2020)
Sec. 3. Definitions. For the purpose of this Act, except
where otherwise limited therein:
(a) "Pharmacy" or "drugstore" means and includes every
store, shop, pharmacy department, or other place where
pharmacist care is provided by a pharmacist (1) where drugs,
medicines, or poisons are dispensed, sold or offered for sale
at retail, or displayed for sale at retail; or (2) where
prescriptions of physicians, dentists, advanced practice
registered nurses, physician assistants, veterinarians,
podiatric physicians, or optometrists, within the limits of
their licenses, are compounded, filled, or dispensed; or (3)

which has upon it or displayed within it, or affixed to or used
in connection with it, a sign bearing the word or words
"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
"Drugs", "Dispensary", "Medicines", or any word or words of
similar or like import, either in the English language or any
other language; or (4) where the characteristic prescription
sign (Rx) or similar design is exhibited; or (5) any store, or
shop, or other place with respect to which any of the above
words, objects, signs or designs are used in any advertisement.
(b) "Drugs" means and includes (1) articles recognized in
the official United States Pharmacopoeia/National Formulary
(USP/NF), or any supplement thereto and being intended for and
having for their main use the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other animals, as
approved by the United States Food and Drug Administration, but
does not include devices or their components, parts, or
accessories; and (2) all other articles intended for and having
for their main use the diagnosis, cure, mitigation, treatment
or prevention of disease in man or other animals, as approved
by the United States Food and Drug Administration, but does not
include devices or their components, parts, or accessories; and
(3) articles (other than food) having for their main use and
intended to affect the structure or any function of the body of
man or other animals; and (4) articles having for their main
use and intended for use as a component or any articles

specified in clause (1), (2) or (3); but does not include
devices or their components, parts or accessories.
(c) "Medicines" means and includes all drugs intended for
human or veterinary use approved by the United States Food and
Drug Administration.
(d) "Practice of pharmacy" means:
(1) the interpretation and the provision of assistance
in the monitoring, evaluation, and implementation of
prescription drug orders;
(2) the dispensing of prescription drug orders;
(3) participation in drug and device selection;
(4) drug administration limited to the administration
of oral, topical, injectable, and inhalation as follows:
(A) in the context of patient education on the
proper use or delivery of medications;
(B) vaccination of patients 14 years of age and
older pursuant to a valid prescription or standing
order, by a physician licensed to practice medicine in
all its branches, upon completion of appropriate
training, including how to address contraindications
and adverse reactions set forth by rule, with
notification to the patient's physician and
appropriate record retention, or pursuant to hospital
pharmacy and therapeutics committee policies and
procedures; and
(C) administration of injections of

alpha-hydroxyprogesterone caproate, pursuant to a
valid prescription, by a physician licensed to
practice medicine in all its branches, upon completion
of appropriate training, including how to address
contraindications and adverse reactions set forth by
rule, with notification to the patient's physician and
appropriate record retention, or pursuant to hospital
pharmacy and therapeutics committee policies and
procedures;
(5) vaccination of patients ages 10 through 13 limited
to the Influenza (inactivated influenza vaccine and live
attenuated influenza intranasal vaccine) and Tdap (defined
as tetanus, diphtheria, acellular pertussis) vaccines,
pursuant to a valid prescription or standing order, by a
physician licensed to practice medicine in all its
branches, upon completion of appropriate training,
including how to address contraindications and adverse
reactions set forth by rule, with notification to the
patient's physician and appropriate record retention, or
pursuant to hospital pharmacy and therapeutics committee
policies and procedures;
(6) drug regimen review;
(7) drug or drug-related research;
(8) the provision of patient counseling;
(9) the practice of telepharmacy;
(10) the provision of those acts or services necessary

to provide pharmacist care;
(11) medication therapy management; and
(12) the responsibility for compounding and labeling
of drugs and devices (except labeling by a manufacturer,
repackager, or distributor of non-prescription drugs and
commercially packaged legend drugs and devices), proper
and safe storage of drugs and devices, and maintenance of
required records.
A pharmacist who performs any of the acts defined as the
practice of pharmacy in this State must be actively licensed as
a pharmacist under this Act.
(e) "Prescription" means and includes any written, oral,
facsimile, or electronically transmitted order for drugs or
medical devices, issued by a physician licensed to practice
medicine in all its branches, dentist, veterinarian, podiatric
physician, or optometrist, within the limits of his or her
license their licenses, by a physician assistant in accordance
with subsection (f) of Section 4, or by an advanced practice
registered nurse in accordance with subsection (g) of Section
4, containing the following: (1) name of the patient; (2) date
when prescription was issued; (3) name and strength of drug or
description of the medical device prescribed; and (4) quantity;
(5) directions for use; (6) prescriber's name, address, and
signature; and (7) DEA registration number where required, for
controlled substances. The prescription may, but is not
required to, list the illness, disease, or condition for which

the drug or device is being prescribed. DEA registration
numbers shall not be required on inpatient drug orders.
(f) "Person" means and includes a natural person,
partnership, association, corporation, government entity, or
any other legal entity.
(g) "Department" means the Department of Financial and
Professional Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board of
Pharmacy of the Department of Financial and Professional
Regulation.
(i) "Secretary" means the Secretary of Financial and
Professional Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug and
Cosmetic Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act, the ID/DD Community
Care Act, the MC/DD Act, the Specialized Mental Health
Rehabilitation Act of 2013, the Hospital Licensing Act, or the
University of Illinois Hospital Act "An Act in relation to the
founding and operation of the University of Illinois Hospital
and the conduct of University of Illinois health care
programs", approved July 3, 1931, as amended, or a facility
which is operated by the Department of Human Services (as

successor to the Department of Mental Health and Developmental
Disabilities) or the Department of Corrections.
(k-5) "Pharmacist" means an individual health care
professional and provider currently licensed by this State to
engage in the practice of pharmacy.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license and who is responsible
for all aspects of the operation related to the practice of
pharmacy.
(m) "Dispense" or "dispensing" means the interpretation,
evaluation, and implementation of a prescription drug order,
including the preparation and delivery of a drug or device to a
patient or patient's agent in a suitable container
appropriately labeled for subsequent administration to or use
by a patient in accordance with applicable State and federal
laws and regulations. "Dispense" or "dispensing" does not mean
the physical delivery to a patient or a patient's
representative in a home or institution by a designee of a
pharmacist or by common carrier. "Dispense" or "dispensing"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while the
pharmacist is on duty and the pharmacy is open.
(n) "Nonresident pharmacy" means a pharmacy that is located
in a state, commonwealth, or territory of the United States,
other than Illinois, that delivers, dispenses, or distributes,

through the United States Postal Service, commercially
acceptable parcel delivery service, or other common carrier, to
Illinois residents, any substance which requires a
prescription.
(o) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if all of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(p) (Blank).
(q) (Blank).
(r) "Patient counseling" means the communication between a
pharmacist or a student pharmacist under the supervision of a
pharmacist and a patient or the patient's representative about
the patient's medication or device for the purpose of

optimizing proper use of prescription medications or devices.
"Patient counseling" may include without limitation (1)
obtaining a medication history; (2) acquiring a patient's
allergies and health conditions; (3) facilitation of the
patient's understanding of the intended use of the medication;
(4) proper directions for use; (5) significant potential
adverse events; (6) potential food-drug interactions; and (7)
the need to be compliant with the medication therapy. A
pharmacy technician may only participate in the following
aspects of patient counseling under the supervision of a
pharmacist: (1) obtaining medication history; (2) providing
the offer for counseling by a pharmacist or student pharmacist;
and (3) acquiring a patient's allergies and health conditions.
(s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
prescription information, including prescriptions for
controlled substances, and personal information.
(t) (Blank).
(u) "Medical device" or "device" means an instrument,
apparatus, implement, machine, contrivance, implant, in vitro
reagent, or other similar or related article, including any
component part or accessory, required under federal law to bear
the label "Caution: Federal law requires dispensing by or on
the order of a physician". A seller of goods and services who,
only for the purpose of retail sales, compounds, sells, rents,
or leases medical devices shall not, by reasons thereof, be

required to be a licensed pharmacy.
(v) "Unique identifier" means an electronic signature,
handwritten signature or initials, thumb print, or other
acceptable biometric or electronic identification process as
approved by the Department.
(w) "Current usual and customary retail price" means the
price that a pharmacy charges to a non-third-party payor.
(x) "Automated pharmacy system" means a mechanical system
located within the confines of the pharmacy or remote location
that performs operations or activities, other than compounding
or administration, relative to storage, packaging, dispensing,
or distribution of medication, and which collects, controls,
and maintains all transaction information.
(y) "Drug regimen review" means and includes the evaluation
of prescription drug orders and patient records for (1) known
allergies; (2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as age,
gender, and contraindications; (4) reasonable directions for
use; (5) potential or actual adverse drug reactions; (6)
drug-drug interactions; (7) drug-food interactions; (8)
drug-disease contraindications; (9) therapeutic duplication;
(10) patient laboratory values when authorized and available;
(11) proper utilization (including over or under utilization)
and optimum therapeutic outcomes; and (12) abuse and misuse.
(z) "Electronically transmitted prescription" means a

prescription that is created, recorded, or stored by electronic
means; issued and validated with an electronic signature; and
transmitted by electronic means directly from the prescriber to
a pharmacy. An electronic prescription is not an image of a
physical prescription that is transferred by electronic means
from computer to computer, facsimile to facsimile, or facsimile
to computer.
(aa) "Medication therapy management services" means a
distinct service or group of services offered by licensed
pharmacists, physicians licensed to practice medicine in all
its branches, advanced practice registered nurses authorized
in a written agreement with a physician licensed to practice
medicine in all its branches, or physician assistants
authorized in guidelines by a supervising physician that
optimize therapeutic outcomes for individual patients through
improved medication use. In a retail or other non-hospital
pharmacy, medication therapy management services shall consist
of the evaluation of prescription drug orders and patient
medication records to resolve conflicts with the following:
(1) known allergies;
(2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as
age, gender, and contraindications;
(4) reasonable directions for use;
(5) potential or actual adverse drug reactions;

(6) drug-drug interactions;
(7) drug-food interactions;
(8) drug-disease contraindications;
(9) identification of therapeutic duplication;
(10) patient laboratory values when authorized and
available;
(11) proper utilization (including over or under
utilization) and optimum therapeutic outcomes; and
(12) drug abuse and misuse.
"Medication therapy management services" includes the
following:
(1) documenting the services delivered and
communicating the information provided to patients'
prescribers within an appropriate time frame, not to exceed
48 hours;
(2) providing patient counseling designed to enhance a
patient's understanding and the appropriate use of his or
her medications; and
(3) providing information, support services, and
resources designed to enhance a patient's adherence with
his or her prescribed therapeutic regimens.
"Medication therapy management services" may also include
patient care functions authorized by a physician licensed to
practice medicine in all its branches for his or her identified
patient or groups of patients under specified conditions or
limitations in a standing order from the physician.

"Medication therapy management services" in a licensed
hospital may also include the following:
(1) reviewing assessments of the patient's health
status; and
(2) following protocols of a hospital pharmacy and
therapeutics committee with respect to the fulfillment of
medication orders.
(bb) "Pharmacist care" means the provision by a pharmacist
of medication therapy management services, with or without the
dispensing of drugs or devices, intended to achieve outcomes
that improve patient health, quality of life, and comfort and
enhance patient safety.
(cc) "Protected health information" means individually
identifiable health information that, except as otherwise
provided, is:
(1) transmitted by electronic media;
(2) maintained in any medium set forth in the
definition of "electronic media" in the federal Health
Insurance Portability and Accountability Act; or
(3) transmitted or maintained in any other form or
medium.
"Protected health information" does not include
individually identifiable health information found in:
(1) education records covered by the federal Family
Educational Right and Privacy Act; or
(2) employment records held by a licensee in its role

as an employer.
(dd) "Standing order" means a specific order for a patient
or group of patients issued by a physician licensed to practice
medicine in all its branches in Illinois.
(ee) "Address of record" means the designated address
recorded by the Department in the applicant's application file
or licensee's license file maintained by the Department's
licensure maintenance unit.
(ff) "Home pharmacy" means the location of a pharmacy's
primary operations.
(gg) "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
(Source: P.A. 99-180, eff. 7-29-15; 100-208, eff. 1-1-18;
100-497, eff. 9-8-17; 100-513, eff. 1-1-18; revised 9-29-17.)
(225 ILCS 85/4) (from Ch. 111, par. 4124)
(Section scheduled to be repealed on January 1, 2020)
Sec. 4. Exemptions. Nothing contained in any Section of
this Act shall apply to, or in any manner interfere with:
(a) the lawful practice of any physician licensed to
practice medicine in all of its branches, dentist,
podiatric physician, veterinarian, or therapeutically or
diagnostically certified optometrist within the limits of
his or her license, or prevent him or her from supplying to

his or her bona fide patients such drugs, medicines, or
poisons as may seem to him appropriate;
(b) the sale of compressed gases;
(c) the sale of patent or proprietary medicines and
household remedies when sold in original and unbroken
packages only, if such patent or proprietary medicines and
household remedies be properly and adequately labeled as to
content and usage and generally considered and accepted as
harmless and nonpoisonous when used according to the
directions on the label, and also do not contain opium or
coca leaves, or any compound, salt or derivative thereof,
or any drug which, according to the latest editions of the
following authoritative pharmaceutical treatises and
standards, namely, The United States
Pharmacopoeia/National Formulary (USP/NF), the United
States Dispensatory, and the Accepted Dental Remedies of
the Council of Dental Therapeutics of the American Dental
Association or any or either of them, in use on the
effective date of this Act, or according to the existing
provisions of the Federal Food, Drug, and Cosmetic Act and
Regulations of the Department of Health and Human Services,
Food and Drug Administration, promulgated thereunder now
in effect, is designated, described or considered as a
narcotic, hypnotic, habit forming, dangerous, or poisonous
drug;
(d) the sale of poultry and livestock remedies in

original and unbroken packages only, labeled for poultry
and livestock medication;
(e) the sale of poisonous substances or mixture of
poisonous substances, in unbroken packages, for
nonmedicinal use in the arts or industries or for
insecticide purposes; provided, they are properly and
adequately labeled as to content and such nonmedicinal
usage, in conformity with the provisions of all applicable
federal, state and local laws and regulations promulgated
thereunder now in effect relating thereto and governing the
same, and those which are required under such applicable
laws and regulations to be labeled with the word "Poison",
are also labeled with the word "Poison" printed thereon in
prominent type and the name of a readily obtainable
antidote with directions for its administration;
(f) the delegation of limited prescriptive authority
by a physician licensed to practice medicine in all its
branches to a physician assistant under Section 7.5 of the
Physician Assistant Practice Act of 1987. This delegated
authority under Section 7.5 of the Physician Assistant
Practice Act of 1987 may, but is not required to, include
prescription of controlled substances, as defined in
Article II of the Illinois Controlled Substances Act, in
accordance with a written supervision agreement;
(g) the delegation of prescriptive authority by a
physician licensed to practice medicine in all its branches

or a licensed podiatric physician to an advanced practice
registered nurse in accordance with a written
collaborative agreement under Sections 65-35 and 65-40 of
the Nurse Practice Act; and
(h) the sale or distribution of dialysate or devices
necessary to perform home peritoneal renal dialysis for
patients with end-stage renal disease, provided that all of
the following conditions are met:
(1) the dialysate, comprised of dextrose or
icodextrin, or devices are approved or cleared by the
federal Food and Drug Administration, as required by
federal law;
(2) the dialysate or devices are lawfully held by a
manufacturer or the manufacturer's agent, which is
properly registered with the Board as a manufacturer or
wholesaler;
(3) the dialysate or devices are held and delivered
to the manufacturer or the manufacturer's agent in the
original, sealed packaging from the manufacturing
facility;
(4) the dialysate or devices are delivered only
upon receipt of a physician's prescription by a
licensed pharmacy in which the prescription is
processed in accordance with provisions set forth in
this Act, and the transmittal of an order from the
licensed pharmacy to the manufacturer or the

manufacturer's agent; and
(5) the manufacturer or the manufacturer's agent
delivers the dialysate or devices directly to: (i) a
patient with end-stage renal disease, or his or her
designee, for the patient's self-administration of the
dialysis therapy or (ii) a health care provider or
institution for administration or delivery of the
dialysis therapy to a patient with end-stage renal
disease.
This paragraph (h) does not include any other drugs for
peritoneal dialysis, except dialysate, as described in
item (1) of this paragraph (h). All records of sales and
distribution of dialysate to patients made pursuant to this
paragraph (h) must be retained in accordance with Section
18 of this Act.
(Source: P.A. 100-218, eff. 8-18-17; 100-513, eff. 1-1-18;
revised 9-29-17.)
Section 395. The Illinois Physical Therapy Act is amended
by changing Section 1 as follows:
(225 ILCS 90/1) (from Ch. 111, par. 4251)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1. Definitions. As used in this Act:
(1) "Physical therapy" means all of the following:
(A) Examining, evaluating, and testing individuals who

may have mechanical, physiological, or developmental
impairments, functional limitations, disabilities, or
other health and movement-related conditions, classifying
these disorders, determining a rehabilitation prognosis
and plan of therapeutic intervention, and assessing the
ongoing on-going effects of the interventions.
(B) Alleviating impairments, functional limitations,
or disabilities by designing, implementing, and modifying
therapeutic interventions that may include, but are not
limited to, the evaluation or treatment of a person through
the use of the effective properties of physical measures
and heat, cold, light, water, radiant energy, electricity,
sound, and air and use of therapeutic massage, therapeutic
exercise, mobilization, and rehabilitative procedures,
with or without assistive devices, for the purposes of
preventing, correcting, or alleviating a physical or
mental impairment, functional limitation, or disability.
(C) Reducing the risk of injury, impairment,
functional limitation, or disability, including the
promotion and maintenance of fitness, health, and
wellness.
(D) Engaging in administration, consultation,
education, and research.
"Physical therapy" includes, but is not limited to: (a)
performance of specialized tests and measurements, (b)
administration of specialized treatment procedures, (c)

interpretation of referrals from physicians, dentists,
advanced practice registered nurses, physician assistants, and
podiatric physicians, (d) establishment, and modification of
physical therapy treatment programs, (e) administration of
topical medication used in generally accepted physical therapy
procedures when such medication is either prescribed by the
patient's physician, licensed to practice medicine in all its
branches, the patient's physician licensed to practice
podiatric medicine, the patient's advanced practice registered
nurse, the patient's physician assistant, or the patient's
dentist or used following the physician's orders or written
instructions, (f) supervision or teaching of physical therapy,
and (g) dry needling in accordance with Section 1.5. "Physical
therapy" does not include radiology, electrosurgery,
chiropractic technique or determination of a differential
diagnosis; provided, however, the limitation on determining a
differential diagnosis shall not in any manner limit a physical
therapist licensed under this Act from performing an evaluation
pursuant to such license. Nothing in this Section shall limit a
physical therapist from employing appropriate physical therapy
techniques that he or she is educated and licensed to perform.
A physical therapist shall refer to a licensed physician,
advanced practice registered nurse, physician assistant,
dentist, podiatric physician, other physical therapist, or
other health care provider any patient whose medical condition
should, at the time of evaluation or treatment, be determined

to be beyond the scope of practice of the physical therapist.
(2) "Physical therapist" means a person who practices
physical therapy and who has met all requirements as provided
in this Act.
(3) "Department" means the Department of Professional
Regulation.
(4) "Director" means the Director of Professional
Regulation.
(5) "Board" means the Physical Therapy Licensing and
Disciplinary Board approved by the Director.
(6) "Referral" means a written or oral authorization for
physical therapy services for a patient by a physician,
dentist, advanced practice registered nurse, physician
assistant, or podiatric physician who maintains medical
supervision of the patient and makes a diagnosis or verifies
that the patient's condition is such that it may be treated by
a physical therapist.
(7) "Documented current and relevant diagnosis" for the
purpose of this Act means a diagnosis, substantiated by
signature or oral verification of a physician, dentist,
advanced practice registered nurse, physician assistant, or
podiatric physician, that a patient's condition is such that it
may be treated by physical therapy as defined in this Act,
which diagnosis shall remain in effect until changed by the
physician, dentist, advanced practice registered nurse,
physician assistant, or podiatric physician.

(8) "State" includes:
(a) the states of the United States of America;
(b) the District of Columbia; and
(c) the Commonwealth of Puerto Rico.
(9) "Physical therapist assistant" means a person licensed
to assist a physical therapist and who has met all requirements
as provided in this Act and who works under the supervision of
a licensed physical therapist to assist in implementing the
physical therapy treatment program as established by the
licensed physical therapist. The patient care activities
provided by the physical therapist assistant shall not include
the interpretation of referrals, evaluation procedures, or the
planning or major modification of patient programs.
(10) "Physical therapy aide" means a person who has
received on the job training, specific to the facility in which
he is employed.
(11) "Advanced practice registered nurse" means a person
licensed as an advanced practice registered nurse under the
Nurse Practice Act.
(12) "Physician assistant" means a person licensed under
the Physician Assistant Practice Act of 1987.
(Source: P.A. 99-173, eff. 7-29-15; 99-229, eff. 8-3-15;
99-642, eff. 7-28-16; 100-201, eff. 8-18-17; 100-418, eff.
8-25-17; 100-513, eff. 1-1-18; revised 9-29-17.)
Section 400. The Boiler and Pressure Vessel Repairer

Regulation Act is amended by changing Section 90 as follows:
(225 ILCS 203/90)
(Section scheduled to be repealed on January 1, 2027)
Sec. 90. Penalties. (a) Any natural person who violates any
of the following provisions shall be guilty of a Class A
misdemeanor for the first offense and a corporation or other
business entity that violates any of the following provision
commits a business offense punishable by a fine of up to
$1,000:
(1) Practicing or attempting to practice as a boiler
and pressure vessel repairer without a license;
(2) Obtaining or attempting to obtain a license,
practice or business, or any other thing of value by
fraudulent representation;
(3) Permitting, directing, or authorizing any person
in one's employ or under one's direction or supervision to
work or serve as a licensee if that individual does not
possess an appropriate valid license.
Whenever any person is punished as a repeat offender under
this Section, the State Fire Marshal or the Board may proceed
to obtain a permanent injunction against the person under
Section 10.
If any person in making any oath or affidavit required by
this Act swears falsely, such person is guilty of perjury and
upon conviction thereof may be punished accordingly.

A natural person who violates any Section of this Act other
than this Section shall be guilty of a Class A misdemeanor for
the first offense, and a corporation or other business entity
that violates any Section of this Act commits a business
offense punishable by a fine of up to $1,000 $1000 for the
first offense.
Second or subsequent offenses in violation of any Section
of this Act, including this Section, are Class 4 felonies if
committed by a natural person, or a business offense punishable
by a fine of up to $5,000 if committed by a corporation or
other business entity.
(Source: P.A. 89-467, eff. 1-1-97; revised 11-8-17.)
Section 405. The Illinois Landscape Architecture Act of
1989 is amended by changing Section 29 as follows:
(225 ILCS 315/29) (from Ch. 111, par. 8129)
(Section scheduled to be repealed on January 1, 2020)
Sec. 29. Administrative Review Law; venue. (a) All final
administrative decisions of the Department are subject to
judicial review under the Administrative Review Law, and its
rules. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
review resides, but if the party is not a resident of this

State, the venue shall be in Sangamon County.
(Source: P.A. 88-363; revised 11-8-17.)
Section 410. The Illinois Professional Land Surveyor Act of
1989 is amended by changing Section 13 as follows:
(225 ILCS 330/13) (from Ch. 111, par. 3263)
(Section scheduled to be repealed on January 1, 2020)
Sec. 13. Minimum standards for enrollment as a Surveyor
Intern.. To enroll as a Surveyor Intern, an applicant must be:
(1) a graduate of an approved land surveying curriculum
of at least 4 years who has passed an examination in the
fundamentals of surveying, as defined by rule;
(2) an applicant in the last year of an approved land
surveying or related science curriculum who passes an
examination in the fundamentals of surveying, as defined by
rule, and furnishes proof that the applicant graduated
within a 12-month period following the examination; or
(3) a graduate of a baccalaureate curriculum of at
least 4 years, including at least 24 semester hours of land
surveying courses from an approved land surveying
curriculum and the related science courses, as defined by
rule, who passes an examination in the fundamentals of
surveying, as defined by rule.
(Source: P.A. 100-171, eff. 1-1-18; revised 9-29-17.)

Section 415. The Collection Agency Act is amended by
changing Section 9.22 as follows:
(225 ILCS 425/9.22) (from Ch. 111, par. 2034)
(Section scheduled to be repealed on January 1, 2026)
Sec. 9.22. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated herein as if all of the provisions of
that Act were included in this Act, except that the provision
of subsection (d) of Section 10-65 of the Illinois
Administrative Procedure Act that provides that at hearings the
licensee has the right to show compliance with all lawful
requirements for retention, continuation or renewal of the
license is specifically excluded. For the purposes of this Act
the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
or emailed to the applicant or licensee at the address of
record or email address of record.
(Source: P.A. 99-227, eff. 8-3-15; 100-132, eff. 8-18-17;
revised 9-29-17.)
Section 420. The Real Estate License Act of 2000 is amended
by changing Sections 1-10 and 20-20 as follows:
(225 ILCS 454/1-10)
(Section scheduled to be repealed on January 1, 2020)

Sec. 1-10. Definitions. In this Act, unless the context
otherwise requires:
"Act" means the Real Estate License Act of 2000.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and
those changes must be made either through the Department's
website or by contacting the Department.
"Agency" means a relationship in which a broker or
licensee, whether directly or through an affiliated licensee,
represents a consumer by the consumer's consent, whether
express or implied, in a real property transaction.
"Applicant" means any person, as defined in this Section,
who applies to the Department for a valid license as a managing
broker, broker, or leasing agent.
"Blind advertisement" means any real estate advertisement
that does not include the sponsoring broker's business name and
that is used by any licensee regarding the sale or lease of
real estate, including his or her own, licensed activities, or
the hiring of any licensee under this Act. The broker's
business name in the case of a franchise shall include the
franchise affiliation as well as the name of the individual
firm.
"Board" means the Real Estate Administration and

Disciplinary Board of the Department as created by Section
25-10 of this Act.
"Branch office" means a sponsoring broker's office other
than the sponsoring broker's principal office.
"Broker" means an individual, partnership, limited
liability company, corporation, or registered limited
liability partnership other than a leasing agent who, whether
in person or through any media or technology, for another and
for compensation, or with the intention or expectation of
receiving compensation, either directly or indirectly:
(1) Sells, exchanges, purchases, rents, or leases real
estate.
(2) Offers to sell, exchange, purchase, rent, or lease
real estate.
(3) Negotiates, offers, attempts, or agrees to
negotiate the sale, exchange, purchase, rental, or leasing
of real estate.
(4) Lists, offers, attempts, or agrees to list real
estate for sale, rent, lease, or exchange.
(5) Buys, sells, offers to buy or sell, or otherwise
deals in options on real estate or improvements thereon.
(6) Supervises the collection, offer, attempt, or
agreement to collect rent for the use of real estate.
(7) Advertises or represents himself or herself as
being engaged in the business of buying, selling,
exchanging, renting, or leasing real estate.

(8) Assists or directs in procuring or referring of
leads or prospects, intended to result in the sale,
exchange, lease, or rental of real estate.
(9) Assists or directs in the negotiation of any
transaction intended to result in the sale, exchange,
lease, or rental of real estate.
(10) Opens real estate to the public for marketing
purposes.
(11) Sells, rents, leases, or offers for sale or lease
real estate at auction.
(12) Prepares or provides a broker price opinion or
comparative market analysis as those terms are defined in
this Act, pursuant to the provisions of Section 10-45 of
this Act.
"Brokerage agreement" means a written or oral agreement
between a sponsoring broker and a consumer for licensed
activities to be provided to a consumer in return for
compensation or the right to receive compensation from another.
Brokerage agreements may constitute either a bilateral or a
unilateral agreement between the broker and the broker's client
depending upon the content of the brokerage agreement. All
exclusive brokerage agreements shall be in writing.
"Broker price opinion" means an estimate or analysis of the
probable selling price of a particular interest in real estate,
which may provide a varying level of detail about the
property's condition, market, and neighborhood and information

on comparable sales. The activities of a real estate broker or
managing broker engaging in the ordinary course of business as
a broker, as defined in this Section, shall not be considered a
broker price opinion if no compensation is paid to the broker
or managing broker, other than compensation based upon the sale
or rental of real estate.
"Client" means a person who is being represented by a
licensee.
"Comparative market analysis" is an analysis or opinion
regarding pricing, marketing, or financial aspects relating to
a specified interest or interests in real estate that may be
based upon an analysis of comparative market data, the
expertise of the real estate broker or managing broker, and
such other factors as the broker or managing broker may deem
appropriate in developing or preparing such analysis or
opinion. The activities of a real estate broker or managing
broker engaging in the ordinary course of business as a broker,
as defined in this Section, shall not be considered a
comparative market analysis if no compensation is paid to the
broker or managing broker, other than compensation based upon
the sale or rental of real estate.
"Compensation" means the valuable consideration given by
one person or entity to another person or entity in exchange
for the performance of some activity or service. Compensation
shall include the transfer of valuable consideration,
including without limitation the following:

(1) commissions;
(2) referral fees;
(3) bonuses;
(4) prizes;
(5) merchandise;
(6) finder fees;
(7) performance of services;
(8) coupons or gift certificates;
(9) discounts;
(10) rebates;
(11) a chance to win a raffle, drawing, lottery, or
similar game of chance not prohibited by any other law or
statute;
(12) retainer fee; or
(13) salary.
"Confidential information" means information obtained by a
licensee from a client during the term of a brokerage agreement
that (i) was made confidential by the written request or
written instruction of the client, (ii) deals with the
negotiating position of the client, or (iii) is information the
disclosure of which could materially harm the negotiating
position of the client, unless at any time:
(1) the client permits the disclosure of information
given by that client by word or conduct;
(2) the disclosure is required by law; or
(3) the information becomes public from a source other

than the licensee.
"Confidential information" shall not be considered to
include material information about the physical condition of
the property.
"Consumer" means a person or entity seeking or receiving
licensed activities.
"Coordinator" means the Coordinator of Real Estate created
in Section 25-15 of this Act.
"Credit hour" means 50 minutes of classroom instruction in
course work that meets the requirements set forth in rules
adopted by the Department.
"Customer" means a consumer who is not being represented by
the licensee but for whom the licensee is performing
ministerial acts.
"Department" means the Department of Financial and
Professional Regulation.
"Designated agency" means a contractual relationship
between a sponsoring broker and a client under Section 15-50 of
this Act in which one or more licensees associated with or
employed by the broker are designated as agent of the client.
"Designated agent" means a sponsored licensee named by a
sponsoring broker as the legal agent of a client, as provided
for in Section 15-50 of this Act.
"Dual agency" means an agency relationship in which a
licensee is representing both buyer and seller or both landlord
and tenant in the same transaction. When the agency

relationship is a designated agency, the question of whether
there is a dual agency shall be determined by the agency
relationships of the designated agent of the parties and not of
the sponsoring broker.
"Education provider" means a school licensed by the
Department offering courses in pre-license, post-license, or
continuing education required by this Act.
"Employee" or other derivative of the word "employee", when
used to refer to, describe, or delineate the relationship
between a sponsoring broker and a managing broker, broker, or a
leasing agent, shall be construed to include an independent
contractor relationship, provided that a written agreement
exists that clearly establishes and states the relationship.
All responsibilities of a broker shall remain.
"Escrow moneys" means all moneys, promissory notes or any
other type or manner of legal tender or financial consideration
deposited with any person for the benefit of the parties to the
transaction. A transaction exists once an agreement has been
reached and an accepted real estate contract signed or lease
agreed to by the parties. Escrow moneys includes without
limitation earnest moneys and security deposits, except those
security deposits in which the person holding the security
deposit is also the sole owner of the property being leased and
for which the security deposit is being held.
"Electronic means of proctoring" means a methodology
providing assurance that the person taking a test and

completing the answers to questions is the person seeking
licensure or credit for continuing education and is doing so
without the aid of a third party or other device.
"Exclusive brokerage agreement" means a written brokerage
agreement that provides that the sponsoring broker has the sole
right, through one or more sponsored licensees, to act as the
exclusive designated agent or representative of the client and
that meets the requirements of Section 15-75 of this Act.
"Inoperative" means a status of licensure where the
licensee holds a current license under this Act, but the
licensee is prohibited from engaging in licensed activities
because the licensee is unsponsored or the license of the
sponsoring broker with whom the licensee is associated or by
whom he or she is employed is currently expired, revoked,
suspended, or otherwise rendered invalid under this Act.
"Interactive delivery method" means delivery of a course by
an instructor through a medium allowing for 2-way communication
between the instructor and a student in which either can
initiate or respond to questions.
"Leads" means the name or names of a potential buyer,
seller, lessor, lessee, or client of a licensee.
"Leasing Agent" means a person who is employed by a broker
to engage in licensed activities limited to leasing residential
real estate who has obtained a license as provided for in
Section 5-5 of this Act.
"License" means the document issued by the Department

certifying that the person named thereon has fulfilled all
requirements prerequisite to licensure under this Act.
"Licensed activities" means those activities listed in the
definition of "broker" under this Section.
"Licensee" means any person, as defined in this Section,
who holds a valid unexpired license as a managing broker,
broker, or leasing agent.
"Listing presentation" means a communication between a
managing broker or broker and a consumer in which the licensee
is attempting to secure a brokerage agreement with the consumer
to market the consumer's real estate for sale or lease.
"Managing broker" means a broker who has supervisory
responsibilities for licensees in one or, in the case of a
multi-office company, more than one office and who has been
appointed as such by the sponsoring broker.
"Medium of advertising" means any method of communication
intended to influence the general public to use or purchase a
particular good or service or real estate.
"Ministerial acts" means those acts that a licensee may
perform for a consumer that are informative or clerical in
nature and do not rise to the level of active representation on
behalf of a consumer. Examples of these acts include without
limitation (i) responding to phone inquiries by consumers as to
the availability and pricing of brokerage services, (ii)
responding to phone inquiries from a consumer concerning the
price or location of property, (iii) attending an open house

and responding to questions about the property from a consumer,
(iv) setting an appointment to view property, (v) responding to
questions of consumers walking into a licensee's office
concerning brokerage services offered or particular
properties, (vi) accompanying an appraiser, inspector,
contractor, or similar third party on a visit to a property,
(vii) describing a property or the property's condition in
response to a consumer's inquiry, (viii) completing business or
factual information for a consumer on an offer or contract to
purchase on behalf of a client, (ix) showing a client through a
property being sold by an owner on his or her own behalf, or
(x) referral to another broker or service provider.
"Office" means a broker's place of business where the
general public is invited to transact business and where
records may be maintained and licenses displayed, whether or
not it is the broker's principal place of business.
"Person" means and includes individuals, entities,
corporations, limited liability companies, registered limited
liability partnerships, and partnerships, foreign or domestic,
except that when the context otherwise requires, the term may
refer to a single individual or other described entity.
"Personal assistant" means a licensed or unlicensed person
who has been hired for the purpose of aiding or assisting a
sponsored licensee in the performance of the sponsored
licensee's job.
"Pocket card" means the card issued by the Department to

signify that the person named on the card is currently licensed
under this Act.
"Pre-renewal period" means the period between the date of
issue of a currently valid license and the license's expiration
date.
"Proctor" means any person, including, but not limited to,
an instructor, who has a written agreement to administer
examinations fairly and impartially with a licensed education
provider.
"Real estate" means and includes leaseholds as well as any
other interest or estate in land, whether corporeal,
incorporeal, freehold, or non-freehold and whether the real
estate is situated in this State or elsewhere. "Real estate"
does not include property sold, exchanged, or leased as a
timeshare or similar vacation item or interest, vacation club
membership, or other activity formerly regulated under the Real
Estate Timeshare Act of 1999 (repealed).
"Regular employee" means a person working an average of 20
hours per week for a person or entity who would be considered
as an employee under the Internal Revenue Service eleven main
tests in three categories being behavioral control, financial
control and the type of relationship of the parties, formerly
the twenty factor test.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation, or a person authorized
by the Secretary to act in the Secretary's stead.

"Sponsoring broker" means the broker who has issued a
sponsor card to a licensed managing broker, broker, or a
leasing agent.
"Sponsor card" means the temporary permit issued by the
sponsoring broker certifying that the managing broker, broker,
or leasing agent named thereon is employed by or associated by
written agreement with the sponsoring broker, as provided for
in Section 5-40 of this Act.
(Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18;
100-534, eff. 9-22-17; revised 10-2-17.)
(225 ILCS 454/20-20)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-20. Grounds for discipline.
(a) The Department may refuse to issue or renew a license,
may place on probation, suspend, or revoke any license,
reprimand, or take any other disciplinary or non-disciplinary
action as the Department may deem proper and impose a fine not
to exceed $25,000 upon any licensee or applicant under this Act
or any person who holds himself or herself out as an applicant
or licensee or against a licensee in handling his or her own
property, whether held by deed, option, or otherwise, for any
one or any combination of the following causes:
(1) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.

(2) The conviction of or plea of guilty or plea of nolo
contendere to a felony or misdemeanor in this State or any
other jurisdiction; or the entry of an administrative
sanction by a government agency in this State or any other
jurisdiction. Action taken under this paragraph (2) for a
misdemeanor or an administrative sanction is limited to a
misdemeanor or administrative sanction that has as an
essential element dishonesty or fraud or involves larceny,
embezzlement, or obtaining money, property, or credit by
false pretenses or by means of a confidence game.
(3) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(4) Practice under this Act as a licensee in a retail
sales establishment from an office, desk, or space that is
not separated from the main retail business by a separate
and distinct area within the establishment.
(5) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, or a
governmental agency authorized to impose discipline if at
least one of the grounds for that discipline is the same as
or the equivalent of one of the grounds for which a
licensee may be disciplined under this Act. A certified
copy of the record of the action by the other state or

jurisdiction shall be prima facie evidence thereof.
(6) Engaging in the practice of real estate brokerage
without a license or after the licensee's license or
temporary permit was expired or while the license was
inoperative.
(7) Cheating on or attempting to subvert the Real
Estate License Exam or continuing education exam.
(8) Aiding or abetting an applicant to subvert or cheat
on the Real Estate License Exam or continuing education
exam administered pursuant to this Act.
(9) Advertising that is inaccurate, misleading, or
contrary to the provisions of the Act.
(10) Making any substantial misrepresentation or
untruthful advertising.
(11) Making any false promises of a character likely to
influence, persuade, or induce.
(12) Pursuing a continued and flagrant course of
misrepresentation or the making of false promises through
licensees, employees, agents, advertising, or otherwise.
(13) Any misleading or untruthful advertising, or
using any trade name or insignia of membership in any real
estate organization of which the licensee is not a member.
(14) Acting for more than one party in a transaction
without providing written notice to all parties for whom
the licensee acts.
(15) Representing or attempting to represent a broker

other than the sponsoring broker.
(16) Failure to account for or to remit any moneys or
documents coming into his or her possession that belong to
others.
(17) Failure to maintain and deposit in a special
account, separate and apart from personal and other
business accounts, all escrow moneys belonging to others
entrusted to a licensee while acting as a broker, escrow
agent, or temporary custodian of the funds of others or
failure to maintain all escrow moneys on deposit in the
account until the transactions are consummated or
terminated, except to the extent that the moneys, or any
part thereof, shall be:
(A) disbursed prior to the consummation or
termination (i) in accordance with the written
direction of the principals to the transaction or their
duly authorized agents, (ii) in accordance with
directions providing for the release, payment, or
distribution of escrow moneys contained in any written
contract signed by the principals to the transaction or
their duly authorized agents, or (iii) pursuant to an
order of a court of competent jurisdiction; or
(B) deemed abandoned and transferred to the Office
of the State Treasurer to be handled as unclaimed
property pursuant to the Revised Uniform Unclaimed
Property Act. Escrow moneys may be deemed abandoned

under this subparagraph (B) only: (i) in the absence of
disbursement under subparagraph (A); (ii) in the
absence of notice of the filing of any claim in a court
of competent jurisdiction; and (iii) if 6 months have
elapsed after the receipt of a written demand for the
escrow moneys from one of the principals to the
transaction or the principal's duly authorized agent.
The account shall be noninterest bearing, unless the
character of the deposit is such that payment of interest
thereon is otherwise required by law or unless the
principals to the transaction specifically require, in
writing, that the deposit be placed in an interest bearing
account.
(18) Failure to make available to the Department all
escrow records and related documents maintained in
connection with the practice of real estate within 24 hours
of a request for those documents by Department personnel.
(19) Failing to furnish copies upon request of
documents relating to a real estate transaction to a party
who has executed that document.
(20) Failure of a sponsoring broker to timely provide
information, sponsor cards, or termination of licenses to
the Department.
(21) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.

(22) Commingling the money or property of others with
his or her own money or property.
(23) Employing any person on a purely temporary or
single deal basis as a means of evading the law regarding
payment of commission to nonlicensees on some contemplated
transactions.
(24) Permitting the use of his or her license as a
broker to enable a leasing agent or unlicensed person to
operate a real estate business without actual
participation therein and control thereof by the broker.
(25) Any other conduct, whether of the same or a
different character from that specified in this Section,
that constitutes dishonest dealing.
(26) Displaying a "for rent" or "for sale" sign on any
property without the written consent of an owner or his or
her duly authorized agent or advertising by any means that
any property is for sale or for rent without the written
consent of the owner or his or her authorized agent.
(27) Failing to provide information requested by the
Department, or otherwise respond to that request, within 30
days of the request.
(28) Advertising by means of a blind advertisement,
except as otherwise permitted in Section 10-30 of this Act.
(29) Offering guaranteed sales plans, as defined in
clause (A) of this subdivision (29), except to the extent
hereinafter set forth:

(A) A "guaranteed sales plan" is any real estate
purchase or sales plan whereby a licensee enters into a
conditional or unconditional written contract with a
seller, prior to entering into a brokerage agreement
with the seller, by the terms of which a licensee
agrees to purchase a property of the seller within a
specified period of time at a specific price in the
event the property is not sold in accordance with the
terms of a brokerage agreement to be entered into
between the sponsoring broker and the seller.
(B) A licensee offering a guaranteed sales plan
shall provide the details and conditions of the plan in
writing to the party to whom the plan is offered.
(C) A licensee offering a guaranteed sales plan
shall provide to the party to whom the plan is offered
evidence of sufficient financial resources to satisfy
the commitment to purchase undertaken by the broker in
the plan.
(D) Any licensee offering a guaranteed sales plan
shall undertake to market the property of the seller
subject to the plan in the same manner in which the
broker would market any other property, unless the
agreement with the seller provides otherwise.
(E) The licensee cannot purchase seller's property
until the brokerage agreement has ended according to
its terms or is otherwise terminated.

(F) Any licensee who fails to perform on a
guaranteed sales plan in strict accordance with its
terms shall be subject to all the penalties provided in
this Act for violations thereof and, in addition, shall
be subject to a civil fine payable to the party injured
by the default in an amount of up to $25,000.
(30) Influencing or attempting to influence, by any
words or acts, a prospective seller, purchaser, occupant,
landlord, or tenant of real estate, in connection with
viewing, buying, or leasing real estate, so as to promote
or tend to promote the continuance or maintenance of
racially and religiously segregated housing or so as to
retard, obstruct, or discourage racially integrated
housing on or in any street, block, neighborhood, or
community.
(31) Engaging in any act that constitutes a violation
of any provision of Article 3 of the Illinois Human Rights
Act, whether or not a complaint has been filed with or
adjudicated by the Human Rights Commission.
(32) Inducing any party to a contract of sale or lease
or brokerage agreement to break the contract of sale or
lease or brokerage agreement for the purpose of
substituting, in lieu thereof, a new contract for sale or
lease or brokerage agreement with a third party.
(33) Negotiating a sale, exchange, or lease of real
estate directly with any person if the licensee knows that

the person has an exclusive brokerage agreement with
another broker, unless specifically authorized by that
broker.
(34) When a licensee is also an attorney, acting as the
attorney for either the buyer or the seller in the same
transaction in which the licensee is acting or has acted as
a managing broker or broker.
(35) Advertising or offering merchandise or services
as free if any conditions or obligations necessary for
receiving the merchandise or services are not disclosed in
the same advertisement or offer. These conditions or
obligations include without limitation the requirement
that the recipient attend a promotional activity or visit a
real estate site. As used in this subdivision (35), "free"
includes terms such as "award", "prize", "no charge", "free
of charge", "without charge", and similar words or phrases
that reasonably lead a person to believe that he or she may
receive or has been selected to receive something of value,
without any conditions or obligations on the part of the
recipient.
(36) (Blank).
(37) Violating the terms of a disciplinary order issued
by the Department.
(38) Paying or failing to disclose compensation in
violation of Article 10 of this Act.
(39) Requiring a party to a transaction who is not a

client of the licensee to allow the licensee to retain a
portion of the escrow moneys for payment of the licensee's
commission or expenses as a condition for release of the
escrow moneys to that party.
(40) Disregarding or violating any provision of this
Act or the published rules promulgated by the Department to
enforce this Act or aiding or abetting any individual,
partnership, registered limited liability partnership,
limited liability company, or corporation in disregarding
any provision of this Act or the published rules
promulgated by the Department to enforce this Act.
(41) Failing to provide the minimum services required
by Section 15-75 of this Act when acting under an exclusive
brokerage agreement.
(42) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a managing broker, broker, or leasing
agent's inability to practice with reasonable skill or
safety.
(43) Enabling, aiding, or abetting an auctioneer, as
defined in the Auction License Act, to conduct a real
estate auction in a manner that is in violation of this
Act.
(44) Permitting any leasing agent or temporary leasing
agent permit holder to engage in activities that require a
broker's or managing broker's license.

(b) The Department may refuse to issue or renew or may
suspend the license of any person who fails to file a return,
pay the tax, penalty or interest shown in a filed return, or
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of that tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Civil Administrative Code of Illinois.
(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(d) In cases where the Department of Healthcare and Family
Services (formerly Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department may
refuse to issue or renew or may revoke or suspend that person's
license or may take other disciplinary action against that
person based solely upon the certification of delinquency made
by the Department of Healthcare and Family Services in
accordance with item (5) of subsection (a) of Section 2105-15
of the Civil Administrative Code of Illinois.

(e) In enforcing this Section, the Department or Board upon
a showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
until the individual submits to the examination if the
Department finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to

practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 99-227, eff. 8-3-15; 100-22, eff. 1-1-18;

100-188, eff. 1-1-18; 100-534, eff. 9-22-17; revised 10-2-17.)
Section 425. The Illinois Dead Animal Disposal Act is
amended by changing Section 12 as follows:
(225 ILCS 610/12) (from Ch. 8, par. 160)
Sec. 12. The Department shall make such reasonable
regulations for the carrying on and conduct of such business as
it may deem advisable and all persons engaged in such business
shall comply therewith. The Department, or its
representatives, in performing the duties vested in it under
this Act is empowered to enter, during usual working hours, any
premises, buildings, or other places where dead animals or used
cooking grease and cooking oil may be found, for the purpose of
administering the provisions of this Act.
Licensees shall comply with rules, bulletins, manuals of
procedure and guidelines pertaining to renderers and blenders
and the handling and distribution of condemned or inedible meat
or poultry products which implement the Federal federal Meat
Inspection Act and the federal Poultry Products Inspection Act.
Such rules, bulletins, manuals and guidelines shall become
effective on the date designated by the United States
Department of Agriculture.
(Source: P.A. 98-785, eff. 1-1-15; revised 10-4-17.)
Section 430. The Meat and Poultry Inspection Act is amended

by changing Section 5.1 as follows:
(225 ILCS 650/5.1)
Sec. 5.1. Type I licenses.
(a) A Type I establishment licensed under this Act who
sells or offers for sale meat, meat product, poultry, and
poultry product shall, except as otherwise provided:
(1) shall be Be permitted to receive meat, meat
product, poultry, and poultry product for cutting,
processing, preparing, packing, wrapping, chilling,
freezing, sharp freezing, or storing, provided it bears an
official mark of State of Illinois or of Federal
Inspection; .
(2) shall be Be permitted to receive live animals and
poultry for slaughter, provided all animals and poultry are
properly presented for prescribed inspection to a
Department employee; and .
(3) may May accept meat, meat product, poultry, and
poultry product for sharp freezing or storage provided that
the product is inspected product.
(b) Before being granted or renewing official inspection,
an establishment must develop written sanitation Standard
Operating Procedures as required by 8 Ill. Adm. Code 125.141.
(c) Before being granted official inspection, an
establishment must conduct a hazard analysis and develop and
validate an HACCP plan as required by 8 Ill. Adm. Code 125.142.

A conditional grant of inspection shall be issued for a period
not to exceed 90 days, during which period the establishment
must validate its HACCP plan.
Any establishment subject to inspection under this Act that
believes, or has reason to believe, that an adulterated or
misbranded meat or meat food product received by or originating
from the establishment has entered into commerce shall promptly
notify the Director with regard to the type, amount, origin,
and destination of the meat or meat food product.
The Director shall require that each Type I establishment
subject to inspection under this Act shall, at a minimum:
(1) prepare and maintain current procedures for the
recall of all meat, poultry, meat food products, and
poultry food products with a mark of inspection produced
and shipped by the establishment;
(2) document each reassessment of the process control
plans of the establishment; and
(3) upon request, make the procedures and reassessed
process control plans available to inspectors appointed by
the Director for review and copying.
(d) Any establishment licensed under the authority of this
Act that receives wild game carcasses shall comply with the
following requirements regarding wild game carcasses:
(1) Wild game carcasses shall be dressed prior to
entering the processing or refrigerated areas of the
licensed establishment.

(2) Wild game carcasses stored in the refrigerated area
of the licensed establishment shall be kept separate and
apart from inspected products.
(3) A written request shall be made to the Department
on an annual basis if a licensed establishment is
suspending operations regarding an amenable product due to
handling of wild game carcasses.
(4) A written procedure for handling wild game shall be
approved by the Department.
(5) All equipment used that comes in contact with wild
game shall be thoroughly cleaned and sanitized prior to use
on animal or poultry carcasses.
(Source: P.A. 98-611, eff. 12-27-13; revised 10-4-17.)
Section 435. The Illinois Horse Racing Act of 1975 is
amended by changing Section 28 as follows:
(230 ILCS 5/28) (from Ch. 8, par. 37-28)
Sec. 28. Except as provided in subsection (g) of Section 27
of this Act, moneys collected shall be distributed according to
the provisions of this Section 28.
(a) Thirty per cent of the total of all monies received by
the State as privilege taxes shall be paid into the
Metropolitan Exposition, Auditorium and Office Building Fund
in the State Treasury.
(b) In addition, 4.5% of the total of all monies received

by the State as privilege taxes shall be paid into the State
treasury into a special Fund to be known as the Metropolitan
Exposition, Auditorium and Office Building Fund.
(c) Fifty per cent of the total of all monies received by
the State as privilege taxes under the provisions of this Act
shall be paid into the Agricultural Premium Fund.
(d) Seven per cent of the total of all monies received by
the State as privilege taxes shall be paid into the Fair and
Exposition Fund in the State treasury; provided, however, that
when all bonds issued prior to July 1, 1984 by the Metropolitan
Fair and Exposition Authority shall have been paid or payment
shall have been provided for upon a refunding of those bonds,
thereafter 1/12 of $1,665,662 of such monies shall be paid each
month into the Build Illinois Fund, and the remainder into the
Fair and Exposition Fund. All excess monies shall be allocated
to the Department of Agriculture for distribution to county
fairs for premiums and rehabilitation as set forth in the
Agricultural Fair Act.
(e) The monies provided for in Section 30 shall be paid
into the Illinois Thoroughbred Breeders Fund.
(f) The monies provided for in Section 31 shall be paid
into the Illinois Standardbred Breeders Fund.
(g) Until January 1, 2000, that part representing 1/2 of
the total breakage in Thoroughbred, Harness, Appaloosa,
Arabian, and Quarter Horse racing in the State shall be paid
into the Illinois Race Track Improvement Fund as established in

Section 32.
(h) All other monies received by the Board under this Act
shall be paid into the Horse Racing Fund.
(i) The salaries of the Board members, secretary, stewards,
directors of mutuels, veterinarians, representatives,
accountants, clerks, stenographers, inspectors and other
employees of the Board, and all expenses of the Board incident
to the administration of this Act, including, but not limited
to, all expenses and salaries incident to the taking of saliva
and urine samples in accordance with the rules and regulations
of the Board shall be paid out of the Agricultural Premium
Fund.
(j) The Agricultural Premium Fund shall also be used:
(1) for the expenses of operating the Illinois State
Fair and the DuQuoin State Fair, including the payment of
prize money or premiums;
(2) for the distribution to county fairs, vocational
agriculture section fairs, agricultural societies, and
agricultural extension clubs in accordance with the
Agricultural Fair Act, as amended;
(3) for payment of prize monies and premiums awarded
and for expenses incurred in connection with the
International Livestock Exposition and the Mid-Continent
Livestock Exposition held in Illinois, which premiums, and
awards must be approved, and paid by the Illinois
Department of Agriculture;

(4) for personal service of county agricultural
advisors and county home advisors;
(5) for distribution to agricultural home economic
extension councils in accordance with "An Act in relation
to additional support and finance for the Agricultural and
Home Economic Extension Councils in the several counties in
this State and making an appropriation therefor", approved
July 24, 1967, as amended;
(6) for research on equine disease, including a
development center therefor;
(7) for training scholarships for study on equine
diseases to students at the University of Illinois College
of Veterinary Medicine;
(8) for the rehabilitation, repair and maintenance of
the Illinois and DuQuoin State Fair Grounds and the
structures and facilities thereon and the construction of
permanent improvements on such Fair Grounds, including
such structures, facilities and property located on such
State Fair Grounds which are under the custody and control
of the Department of Agriculture;
(9) (blank);
(10) for the expenses of the Department of Commerce and
Economic Opportunity under Sections 605-620, 605-625, and
605-630 of the Department of Commerce and Economic
Opportunity Law (20 ILCS 605/605-620, 605/605-625, and
605/605-630);

(11) for remodeling, expanding, and reconstructing
facilities destroyed by fire of any Fair and Exposition
Authority in counties with a population of 1,000,000 or
more inhabitants;
(12) for the purpose of assisting in the care and
general rehabilitation of veterans with disabilities of
any war and their surviving spouses and orphans;
(13) for expenses of the Department of State Police for
duties performed under this Act;
(14) for the Department of Agriculture for soil surveys
and soil and water conservation purposes;
(15) for the Department of Agriculture for grants to
the City of Chicago for conducting the Chicagofest;
(16) for the State Comptroller for grants and operating
expenses authorized by the Illinois Global Partnership
Act.
(k) To the extent that monies paid by the Board to the
Agricultural Premium Fund are in the opinion of the Governor in
excess of the amount necessary for the purposes herein stated,
the Governor shall notify the Comptroller and the State
Treasurer of such fact, who, upon receipt of such notification,
shall transfer such excess monies from the Agricultural Premium
Fund to the General Revenue Fund.
(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
100-110, eff. 8-15-17; revised 9-28-17.)

Section 440. The Liquor Control Act of 1934 is amended by
changing Sections 4-4 and 6-11 as follows:
(235 ILCS 5/4-4) (from Ch. 43, par. 112)
Sec. 4-4. Each local liquor control commissioner shall also
have the following powers, functions, and duties with respect
to licenses, other than licenses to manufacturers, importing
distributors, distributors, foreign importers, non-resident
dealers, non-beverage users, brokers, railroads, airplanes,
and boats: .
1. To grant and or suspend for not more than 30 thirty
days or revoke for cause all local licenses issued to
persons for premises within his jurisdiction;
2. To enter or to authorize any law enforcing officer
to enter at any time upon any premises licensed hereunder
to determine whether any of the provisions of this Act or
any rules or regulations adopted by him or by the State
Commission have been or are being violated, and at such
time to examine said premises of said licensee in
connection therewith;
3. To notify the Secretary of State where a club
incorporated under the General Not for Profit Corporation
Act of 1986 or a foreign corporation functioning as a club
in this State under a certificate of authority issued under
that Act has violated this Act by selling or offering for
sale at retail alcoholic liquors without a retailer's

license;
4. To receive a complaint from any citizen within his
jurisdiction that any of the provisions of this Act, or any
rules or regulations adopted pursuant hereto, have been or
are being violated and to act upon the complaint such
complaints in the manner hereinafter provided;
5. To receive local license fees and pay the same
forthwith to the city, village, town, or county treasurer,
as the case may be.
Each local liquor commissioner also has the duty to notify
the Secretary of State of any convictions or dispositions of
court supervision for a violation of Section 6-20 of this Act
or a similar provision of a local ordinance.
In counties and municipalities, the local liquor control
commissioners shall also have the power to levy fines in
accordance with Section 7-5 of this Act.
(Source: P.A. 95-166, eff. 1-1-08; revised 9-26-17.)
(235 ILCS 5/6-11)
Sec. 6-11. Sale near churches, schools, and hospitals.
(a) No license shall be issued for the sale at retail of
any alcoholic liquor within 100 feet of any church, school
other than an institution of higher learning, hospital, home
for aged or indigent persons or for veterans, their spouses or
children or any military or naval station, provided, that this
prohibition shall not apply to hotels offering restaurant

service, regularly organized clubs, or to restaurants, food
shops or other places where sale of alcoholic liquors is not
the principal business carried on if the place of business so
exempted is not located in a municipality of more than 500,000
persons, unless required by local ordinance; nor to the renewal
of a license for the sale at retail of alcoholic liquor on
premises within 100 feet of any church or school where the
church or school has been established within such 100 feet
since the issuance of the original license. In the case of a
church, the distance of 100 feet shall be measured to the
nearest part of any building used for worship services or
educational programs and not to property boundaries.
(b) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor to a
restaurant, the primary business of which is the sale of goods
baked on the premises if (i) the restaurant is newly
constructed and located on a lot of not less than 10,000 square
feet, (ii) the restaurant costs at least $1,000,000 to
construct, (iii) the licensee is the titleholder to the
premises and resides on the premises, and (iv) the construction
of the restaurant is completed within 18 months of July 10,
1998 (the effective date of Public Act 90-617).
(c) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor
incidental to a restaurant if (1) the primary business of the
restaurant consists of the sale of food where the sale of

liquor is incidental to the sale of food and the applicant is a
completely new owner of the restaurant, (2) the immediately
prior owner or operator of the premises where the restaurant is
located operated the premises as a restaurant and held a valid
retail license authorizing the sale of alcoholic liquor at the
restaurant for at least part of the 24 months before the change
of ownership, and (3) the restaurant is located 75 or more feet
from a school.
(d) In the interest of further developing Illinois' economy
in the area of commerce, tourism, convention, and banquet
business, nothing in this Section shall prohibit issuance of a
retail license authorizing the sale of alcoholic beverages to a
restaurant, banquet facility, grocery store, or hotel having
not fewer than 150 guest room accommodations located in a
municipality of more than 500,000 persons, notwithstanding the
proximity of such hotel, restaurant, banquet facility, or
grocery store to any church or school, if the licensed premises
described on the license are located within an enclosed mall or
building of a height of at least 6 stories, or 60 feet in the
case of a building that has been registered as a national
landmark, or in a grocery store having a minimum of 56,010
square feet of floor space in a single story building in an
open mall of at least 3.96 acres that is adjacent to a public
school that opened as a boys technical high school in 1934, or
in a grocery store having a minimum of 31,000 square feet of
floor space in a single story building located a distance of

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

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

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

owns the theater, (2) the church leases the theater to one or
more entities, and (3) the theater is used by at least 5
different not-for-profit theater groups.
(k) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
(1) the primary entrance of the premises and the
primary entrance of the school are parallel, on different
streets, and separated by an alley;
(2) the southeast corner of the premises are at least
350 feet from the southwest corner of the school;
(3) the school was built in 1978;
(4) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(6) the applicant is the owner of the restaurant and
has held a valid license authorizing the sale of alcoholic
liquor for the business to be conducted on the premises at
a different location for more than 7 years; and
(7) the premises is at least 2,300 square feet and sits
on a lot that is between 6,100 and 6,150 square feet.
(l) Notwithstanding any provision in this Section to the

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

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

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

(4) the primary entrance of the premises is at least
100 feet from the primary entrance of the church;
(5) the shortest distance between any part of the
premises and any part of the church is at least 60 feet;
(6) the premises is between 3,600 and 4,000 square feet
and sits on a lot that is between 3,600 and 4,000 square
feet; and
(7) the premises was built in the year 1909.
For purposes of this subsection (o), "premises" means a
place of business together with a privately owned outdoor
location that is adjacent to the place of business.
(p) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the shortest distance between the backdoor of the
premises, which is used as an emergency exit, and the
church is at least 80 feet;
(2) the church was established at the current location
in 1889; and
(3) liquor has been sold on the premises since at least
1985.
(q) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic
liquor within a premises that is located in a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church-owned property if:
(1) the premises is located within a larger building
operated as a grocery store;
(2) the area of the premises does not exceed 720 square
feet and the area of the larger building exceeds 18,000
square feet;
(3) the larger building containing the premises is
within 100 feet of the nearest property line of a
church-owned property on which a church-affiliated school
is located;
(4) the sale of liquor is not the principal business
carried on within the larger building;
(5) the primary entrance of the larger building and the
premises and the primary entrance of the church-affiliated
school are on different, parallel streets, and the distance
between the 2 primary entrances is more than 100 feet;
(6) the larger building is separated from the
church-owned property and church-affiliated school by an
alley;
(7) the larger building containing the premises and the
church building front are on perpendicular streets and are
separated by a street; and
(8) (Blank).

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

than 5,000 and less than 10,000 and is within 100 feet of a
church if:
(1) the church was established at the location within
100 feet of the premises after a license for the sale of
alcoholic liquor at the premises was first issued;
(2) a license for sale of alcoholic liquor at the
premises was first issued before January 1, 2007; and
(3) a license for the sale of alcoholic liquor on the
premises has been continuously in effect since January 1,
2007, except for interruptions between licenses of no more
than 90 days.
(t) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant that
is established in a premises that is located in a municipality
with a population in excess of 1,000,000 inhabitants and within
100 feet of a school and a church if:
(1) the restaurant is located inside a five-story
building with over 16,800 square feet of commercial space;
(2) the area of the premises does not exceed 31,050
square feet;
(3) the area of the restaurant does not exceed 5,800
square feet;
(4) the building has no less than 78 condominium units;
(5) the construction of the building in which the

restaurant is located was completed in 2006;
(6) the building has 10 storefront properties, 3 of
which are used for the restaurant;
(7) the restaurant will open for business in 2010;
(8) the building is north of the school and separated
by an alley; and
(9) the principal religious leader of the church and
either the alderman of the ward in which the school is
located or the principal of the school have delivered a
written statement to the local liquor control commissioner
stating that he or she does not object to the issuance of a
license under this subsection (t).
(u) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 1,000,000 inhabitants and within 100 feet of a school
if:
(1) the premises operates as a restaurant and has been
in operation since February 2008;
(2) the applicant is the owner of the premises;
(3) the sale of alcoholic liquor is incidental to the
sale of food;
(4) the sale of alcoholic liquor is not the principal
business carried on by the licensee on the premises;
(5) the premises occupy the first floor of a 3-story

building that is at least 90 years old;
(6) the rear lot of the school and the rear corner of
the building that the premises occupy are separated by an
alley;
(7) the distance from the southwest corner of the
property line of the school and the northeast corner of the
building that the premises occupy is at least 16 feet, 5
inches;
(8) the distance from the rear door of the premises to
the southwest corner of the property line of the school is
at least 93 feet;
(9) the school is a City of Chicago School District 299
school;
(10) the school's main structure was erected in 1902
and an addition was built to the main structure in 1959;
and
(11) the principal of the school and the alderman in
whose district the premises are located have expressed, in
writing, their support for the issuance of the license.
(v) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
(1) the total land area of the premises for which the

license or renewal is sought is more than 600,000 square
feet;
(2) the premises for which the license or renewal is
sought has more than 600 parking stalls;
(3) the total area of all buildings on the premises for
which the license or renewal is sought exceeds 140,000
square feet;
(4) the property line of the premises for which the
license or renewal is sought is separated from the property
line of the school by a street;
(5) the distance from the school's property line to the
property line of the premises for which the license or
renewal is sought is at least 60 feet;
(6) as of June 14, 2011 (the effective date of Public
Act 97-9), the premises for which the license or renewal is
sought is located in the Illinois Medical District.
(w) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 1,000,000 inhabitants and within 100 feet of a church
if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;

(3) the premises occupy the first floor and basement of
a 2-story building that is 106 years old;
(4) the premises is at least 7,000 square feet and
located on a lot that is at least 11,000 square feet;
(5) the premises is located directly west of the
church, on perpendicular streets, and separated by an
alley;
(6) the distance between the property line of the
premises and the property line of the church is at least 20
feet;
(7) the distance between the primary entrance of the
premises and the primary entrance of the church is at least
130 feet; and
(8) the church has been at its location for at least 40
years.
(x) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the church has been operating in its current
location since 1973;
(3) the premises has been operating in its current

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

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

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

(4) the licensee has over 8,000 locations nationwide;
(5) the licensee has locations in all 50 states;
(6) the premises is located in the North-East quadrant
of the municipality;
(7) the premises is located across the street from a
national grocery chain outlet;
(8) the premises has approximately 16,148 square feet
of retail space;
(9) the premises has approximately 992 square feet of
pharmacy space;
(10) the premises is located on a major arterial street
that runs north-south and accepts truck traffic; and
(11) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license.
(bb) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(3) the primary entrance to the premises and the

primary entrance to the church are located on the same
street;
(4) the premises is across the street from the church;
(5) the street on which the premises and the church are
located is a major arterial street that runs east-west;
(6) the church is an elder-led and Bible-based Assyrian
church;
(7) the premises and the church are both single-story
buildings;
(8) the storefront directly west of the church is being
used as a restaurant; and
(9) the distance between the northern-most property
line of the premises and the southern-most property line of
the church is 65 feet.
(cc) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at
the premises;
(3) the licensee is a national retail chain;
(4) as of October 25, 2011, the licensee has 1,767

stores operating nationwide, 87 stores operating in the
State, and 10 stores operating within the municipality;
(5) the licensee shall occupy approximately 124,000
square feet of space in the basement and first and second
floors of a building located across the street from a
school;
(6) the school opened in August of 2009 and occupies
approximately 67,000 square feet of space; and
(7) the building in which the premises shall be located
has been listed on the National Register of Historic Places
since April 17, 1970.
(dd) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at a premises that
is located within a municipality with a population in excess of
1,000,000 inhabitants and is within 100 feet of a school if:
(1) the premises is constructed on land that was
purchased from the municipality at a fair market price;
(2) the premises is constructed on land that was
previously used as a parking facility for public safety
employees;
(3) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(4) the main entrance to the store is more than 100
feet from the main entrance to the school;

(5) the premises is to be new construction;
(6) the school is a private school;
(7) the principal of the school has given written
approval for the license;
(8) the alderman of the ward where the premises is
located has given written approval of the issuance of the
license;
(9) the grocery store level of the premises is between
60,000 and 70,000 square feet; and
(10) the owner and operator of the grocery store
operates 2 other grocery stores that have alcoholic liquor
licenses within the same municipality.
(ee) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at a premises that
is located within a municipality with a population in excess of
1,000,000 inhabitants and is within 100 feet of a school if:
(1) the premises is constructed on land that once
contained an industrial steel facility;
(2) the premises is located on land that has undergone
environmental remediation;
(3) the premises is located within a retail complex
containing retail stores where some of the stores sell
alcoholic beverages;
(4) the principal activity of any restaurant in the

retail complex is the sale of food, and the sale of
alcoholic liquor is incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal
business carried on by the grocery store;
(6) the entrance to any business that sells alcoholic
liquor is more than 100 feet from the entrance to the
school;
(7) the alderman of the ward where the premises is
located has given written approval of the issuance of the
license; and
(8) the principal of the school has given written
consent to the issuance of the license.
(ff) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a theater;
(3) the premises is a one and one-half-story building
of approximately 10,000 square feet;
(4) the school is a City of Chicago School District 299
school;

(5) the primary entrance of the premises and the
primary entrance of the school are at least 300 feet apart
and no more than 400 feet apart;
(6) the alderman of the ward in which the premises is
located has expressed, in writing, his support for the
issuance of the license; and
(7) the principal of the school has expressed, in
writing, that there is no objection to the issuance of a
license under this subsection (ff).
(gg) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant or
banquet facility established in a premises that is located in a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the property on which the church is located and the
property on which the premises are located are both within
a district originally listed on the National Register of
Historic Places on February 14, 1979;
(3) the property on which the premises are located
contains one or more multi-story buildings that are at
least 95 years old and have no more than three stories;
(4) the building in which the church is located is at

least 120 years old;
(5) the property on which the church is located is
immediately adjacent to and west of the property on which
the premises are located;
(6) the western boundary of the property on which the
premises are located is no less than 118 feet in length and
no more than 122 feet in length;
(7) as of December 31, 2012, both the church property
and the property on which the premises are located are
within 250 feet of City of Chicago Business-Residential
Planned Development Number 38;
(8) the principal religious leader at the place of
worship has indicated his or her support for the issuance
of the license in writing; and
(9) the alderman in whose district the premises are
located has expressed his or her support for the issuance
of the license in writing.
For the purposes of this subsection, "banquet facility"
means the part of the building that is located on the floor
above a restaurant and caters to private parties and where the
sale of alcoholic liquors is not the principal business.
(hh) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a hotel and at an outdoor patio area attached to
the hotel that are located in a municipality with a population

in excess of 1,000,000 inhabitants and that are within 100 feet
of a hospital if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the hotel;
(2) the hotel is located within the City of Chicago
Business Planned Development Number 468; and
(3) the hospital is located within the City of Chicago
Institutional Planned Development Number 3.
(ii) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a restaurant and at an outdoor patio area
attached to the restaurant that are located in a municipality
with a population in excess of 1,000,000 inhabitants and that
are within 100 feet of a church if:
(1) the sale of alcoholic liquor at the premises is not
the principal business carried on by the licensee and is
incidental to the sale of food;
(2) the restaurant has been operated on the street
level of a 2-story building located on a corner lot since
2008;
(3) the restaurant is between 3,700 and 4,000 square
feet and sits on a lot that is no more than 6,200 square
feet;
(4) the primary entrance to the restaurant and the
primary entrance to the church are located on the same

street;
(5) the street on which the restaurant and the church
are located is a major east-west street;
(6) the restaurant and the church are separated by a
one-way northbound street;
(7) the church is located to the west of and no more
than 65 feet from the restaurant; and
(8) the principal religious leader at the place of
worship has indicated his or her consent to the issuance of
the license in writing.
(jj) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is incidental to the
sale of food;
(3) the premises are located east of the church, on
perpendicular streets, and separated by an alley;
(4) the distance between the primary entrance of the
premises and the primary entrance of the church is at least
175 feet;
(5) the distance between the property line of the

premises and the property line of the church is at least 40
feet;
(6) the licensee has been operating at the premises
since 2012;
(7) the church was constructed in 1904;
(8) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license; and
(9) the principal religious leader of the church has
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(jj).
(kk) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors on
the premises;
(3) the licensee is a national retail chain;
(4) as of February 27, 2013, the licensee had 1,778
stores operating nationwide, 89 operating in this State,
and 11 stores operating within the municipality;

(5) the licensee shall occupy approximately 169,048
square feet of space within a building that is located
across the street from a tuition-based preschool; and
(6) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license.
(ll) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors on
the premises;
(3) the licensee is a national retail chain;
(4) as of February 27, 2013, the licensee had 1,778
stores operating nationwide, 89 operating in this State,
and 11 stores operating within the municipality;
(5) the licensee shall occupy approximately 191,535
square feet of space within a building that is located
across the street from an elementary school; and
(6) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license.

(mm) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within premises and at an outdoor patio or sidewalk
cafe, or both, attached to premises that are located in a
municipality with a population in excess of 1,000,000
inhabitants and that are within 100 feet of a hospital if:
(1) the primary business of the restaurant consists of
the sale of food where the sale of liquor is incidental to
the sale of food;
(2) as a restaurant, the premises may or may not offer
catering as an incidental part of food service;
(3) the primary business of the restaurant is conducted
in space owned by a hospital or an entity owned or
controlled by, under common control with, or that controls
a hospital, and the chief hospital administrator has
expressed his or her support for the issuance of the
license in writing; and
(4) the hospital is an adult acute care facility
primarily located within the City of Chicago Institutional
Planned Development Number 3.
(nn) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100

feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried out on the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a theater;
(3) the premises are a building that was constructed in
1913 and opened on May 24, 1915 as a vaudeville theater,
and the premises were converted to a motion picture theater
in 1935;
(4) the church was constructed in 1889 with a stone
exterior;
(5) the primary entrance of the premises and the
primary entrance of the church are at least 100 feet apart;
(6) the principal religious leader at the place of
worship has indicated his or her consent to the issuance of
the license in writing; and
(7) the alderman in whose ward the premises are located
has expressed his or her support for the issuance of the
license in writing.
(oo) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a mosque, church, or other place of worship if:
(1) the primary entrance of the premises and the

primary entrance of the mosque, church, or other place of
worship are perpendicular and are on different streets;
(2) the primary entrance to the premises faces West and
the primary entrance to the mosque, church, or other place
of worship faces South;
(3) the distance between the 2 primary entrances is at
least 100 feet;
(4) the mosque, church, or other place of worship was
established in a location within 100 feet of the premises
after a license for the sale of alcohol at the premises was
first issued;
(5) the mosque, church, or other place of worship was
established on or around January 1, 2011;
(6) a license for the sale of alcohol at the premises
was first issued on or before January 1, 1985;
(7) a license for the sale of alcohol at the premises
has been continuously in effect since January 1, 1985,
except for interruptions between licenses of no more than
90 days; and
(8) the premises are a single-story, single-use
building of at least 3,000 square feet and no more than
3,380 square feet.
(pp) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant or

banquet facility established on premises that are located in a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of at least one church if:
(1) the sale of liquor shall not be the principal
business carried on by the licensee at the premises;
(2) the premises are at least 2,000 square feet and no
more than 10,000 square feet and is located in a
single-story building;
(3) the property on which the premises are located is
within an area that, as of 2009, was designated as a
Renewal Community by the United States Department of
Housing and Urban Development;
(4) the property on which the premises are located and
the properties on which the churches are located are on the
same street;
(5) the property on which the premises are located is
immediately adjacent to and east of the property on which
at least one of the churches is located;
(6) the property on which the premises are located is
across the street and southwest of the property on which
another church is located;
(7) the principal religious leaders of the churches
have indicated their support for the issuance of the
license in writing; and
(8) the alderman in whose ward the premises are located
has expressed his or her support for the issuance of the

license in writing.
For purposes of this subsection (pp), "banquet facility"
means the part of the building that caters to private parties
and where the sale of alcoholic liquors is not the principal
business.
(qq) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor on premises that are located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
(1) the primary entrance of the premises and the
closest entrance of the church or school are at least 200
feet apart and no greater than 300 feet apart;
(2) the shortest distance between the premises and the
church or school is at least 66 feet apart and no greater
than 81 feet apart;
(3) the premises are a single-story, steel-framed
commercial building with at least 18,042 square feet, and
was constructed in 1925 and 1997;
(4) the owner of the business operated within the
premises has been the general manager of a similar
supermarket within one mile from the premises, which has
had a valid license authorizing the sale of alcoholic
liquor since 2002, and is in good standing with the City of
Chicago;

(5) the principal religious leader at the place of
worship has indicated his or her support to the issuance or
renewal of the license in writing;
(6) the alderman of the ward has indicated his or her
support to the issuance or renewal of the license in
writing; and
(7) the principal of the school has indicated his or
her support to the issuance or renewal of the license in
writing.
(rr) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a club that leases space to a school if:
(1) the sale of alcoholic liquor is not the principal
business carried out on the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a grocery store;
(3) the premises are a building of approximately 1,750
square feet and is rented by the owners of the grocery
store from a family member;
(4) the property line of the premises is approximately
68 feet from the property line of the club;
(5) the primary entrance of the premises and the
primary entrance of the club where the school leases space

are at least 100 feet apart;
(6) the director of the club renting space to the
school has indicated his or her consent to the issuance of
the license in writing; and
(7) the alderman in whose district the premises are
located has expressed his or her support for the issuance
of the license in writing.
(ss) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the premises are located within a 15 unit building
with 13 residential apartments and 2 commercial spaces, and
the licensee will occupy both commercial spaces;
(2) a restaurant has been operated on the premises
since June 2011;
(3) the restaurant currently occupies 1,075 square
feet, but will be expanding to include 975 additional
square feet;
(4) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(5) the premises are located south of the church and on
the same street and are separated by a one-way westbound
street;

(6) the primary entrance of the premises is at least 93
feet from the primary entrance of the church;
(7) the shortest distance between any part of the
premises and any part of the church is at least 72 feet;
(8) the building in which the restaurant is located was
built in 1910;
(9) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license; and
(10) the principal religious leader of the church has
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(ss).
(tt) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is incidental to the
sale of food;
(3) the sale of alcoholic liquor at the premises was
previously authorized by a package goods liquor license;
(4) the premises are at least 40,000 square feet with

25 parking spaces in the contiguous surface lot to the
north of the store and 93 parking spaces on the roof;
(5) the shortest distance between the lot line of the
parking lot of the premises and the exterior wall of the
church is at least 80 feet;
(6) the distance between the building in which the
church is located and the building in which the premises
are located is at least 180 feet;
(7) the main entrance to the church faces west and is
at least 257 feet from the main entrance of the premises;
and
(8) the applicant is the owner of 10 similar grocery
stores within the City of Chicago and the surrounding area
and has been in business for more than 30 years.
(uu) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is incidental to the
operation of a grocery store;
(3) the premises are located in a building that is
approximately 68,000 square feet with 157 parking spaces on

property that was previously vacant land;
(4) the main entrance to the church faces west and is
at least 500 feet from the entrance of the premises, which
faces north;
(5) the church and the premises are separated by an
alley;
(6) the applicant is the owner of 9 similar grocery
stores in the City of Chicago and the surrounding area and
has been in business for more than 40 years; and
(7) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license.
(vv) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is primary to the sale
of food;
(3) the premises are located south of the church and on
perpendicular streets and are separated by a driveway;
(4) the primary entrance of the premises is at least
100 feet from the primary entrance of the church;

(5) the shortest distance between any part of the
premises and any part of the church is at least 15 feet;
(6) the premises are less than 100 feet from the church
center, but greater than 100 feet from the area within the
building where church services are held;
(7) the premises are 25,830 square feet and sit on a
lot that is 0.48 acres;
(8) the premises were once designated as a Korean
American Presbyterian Church and were once used as a
Masonic Temple;
(9) the premises were built in 1910;
(10) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license; and
(11) the principal religious leader of the church has
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(vv).
For the purposes of this subsection (vv), "premises" means
a place of business together with a privately owned outdoor
location that is adjacent to the place of business.
(ww) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100

feet of a school if:
(1) the school is located within Sub Area III of City
of Chicago Residential-Business Planned Development Number
523, as amended; and
(2) the premises are located within Sub Area I, Sub
Area II, or Sub Area IV of City of Chicago
Residential-Business Planned Development Number 523, as
amended.
(xx) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of wine or wine-related products is the
exclusive business carried on by the licensee at the
premises;
(2) the primary entrance of the premises and the
primary entrance of the church are at least 100 feet apart
and are located on different streets;
(3) the building in which the premises are located and
the building in which the church is located are separated
by an alley;
(4) the premises consists of less than 2,000 square
feet of floor area dedicated to the sale of wine or
wine-related products;

(5) the premises are located on the first floor of a
2-story building that is at least 99 years old and has a
residential unit on the second floor; and
(6) the principal religious leader at the church has
indicated his or her support for the issuance or renewal of
the license in writing.
(yy) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the premises are a 27-story hotel containing 191
guest rooms;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises and is
limited to a restaurant located on the first floor of the
hotel;
(3) the hotel is adjacent to the church;
(4) the site is zoned as DX-16;
(5) the principal religious leader of the church has
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(yy); and
(6) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for

the issuance of the license.
(zz) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the premises are a 15-story hotel containing 143
guest rooms;
(2) the premises are approximately 85,691 square feet;
(3) a restaurant is operated on the premises;
(4) the restaurant is located in the first floor lobby
of the hotel;
(5) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(6) the hotel is located approximately 50 feet from the
church and is separated from the church by a public street
on the ground level and by air space on the upper level,
which is where the public entrances are located;
(7) the site is zoned as DX-16;
(8) the principal religious leader of the church has
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(zz); and
(9) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for

the issuance of the license.
(aaa) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the primary
business activity of the grocery store;
(2) the premises are newly constructed on land that was
formerly used by the Young Men's Christian Association;
(3) the grocery store is located within a planned
development that was approved by the municipality in 2007;
(4) the premises are located in a multi-building,
mixed-use complex;
(5) the entrance to the grocery store is located more
than 200 feet from the entrance to the school;
(6) the entrance to the grocery store is located across
the street from the back of the school building, which is
not used for student or public access;
(7) the grocery store executed a binding lease for the
property in 2008;
(8) the premises consist of 2 levels and occupy more
than 80,000 square feet;
(9) the owner and operator of the grocery store
operates at least 10 other grocery stores that have

alcoholic liquor licenses within the same municipality;
and
(10) the director of the school has expressed, in
writing, his or her support for the issuance of the
license.
(bbb) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the premises are located in a single-story building
of primarily brick construction containing at least 6
commercial units constructed before 1940;
(3) the premises are located in a B3-2 zoning district;
(4) the premises are less than 4,000 square feet;
(5) the church established its congregation in 1891 and
completed construction of the church building in 1990;
(6) the premises are located south of the church;
(7) the premises and church are located on the same
street and are separated by a one-way westbound street; and
(8) the principal religious leader of the church has
not indicated his or her opposition to the issuance or
renewal of the license in writing.

(ccc) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church and school if:
(1) as of March 14, 2007, the premises are located in a
City of Chicago Residential-Business Planned Development
No. 1052;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the sale of alcoholic liquor is incidental to the
operation of a grocery store and comprises no more than 10%
of the total in-store sales;
(4) the owner and operator of the grocery store
operates at least 10 other grocery stores that have
alcoholic liquor licenses within the same municipality;
(5) the premises are new construction when the license
is first issued;
(6) the constructed premises are to be no less than
50,000 square feet;
(7) the school is a private church-affiliated school;
(8) the premises and the property containing the church
and church-affiliated school are located on perpendicular
streets and the school and church are adjacent to one
another;

(9) the pastor of the church and school has expressed,
in writing, support for the issuance of the license; and
(10) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license.
(ddd) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
(1) the business has been issued a license from the
municipality to allow the business to operate a theater on
the premises;
(2) the theater has less than 200 seats;
(3) the premises are approximately 2,700 to 3,100
square feet of space;
(4) the premises are located to the north of the
church;
(5) the primary entrance of the premises and the
primary entrance of any church within 100 feet of the
premises are located either on a different street or across
a right-of-way from the premises;
(6) the primary entrance of the premises and the
primary entrance of any school within 100 feet of the
premises are located either on a different street or across

a right-of-way from the premises;
(7) the premises are located in a building that is at
least 100 years old; and
(8) any church or school located within 100 feet of the
premises has indicated its support for the issuance or
renewal of the license to the premises in writing.
(eee) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church and school if:
(1) the sale of alcoholic liquor is incidental to the
sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the applicant on the premises;
(3) a family-owned restaurant has operated on the
premises since 1957;
(4) the premises occupy the first floor of a 3-story
building that is at least 90 years old;
(5) the distance between the property line of the
premises and the property line of the church is at least 20
feet;
(6) the church was established at its current location
and the present structure was erected before 1900;
(7) the primary entrance of the premises is at least 75

feet from the primary entrance of the church;
(8) the school is affiliated with the church;
(9) the principal religious leader at the place of
worship has indicated his or her support for the issuance
of the license in writing;
(10) the principal of the school has indicated in
writing that he or she is not opposed to the issuance of
the license; and
(11) the alderman of the ward in which the premises are
located has expressed, in writing, his or her lack of an
objection to the issuance of the license.
(fff) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a grocery store;
(3) the premises are a one-story building containing
approximately 10,000 square feet and are rented by the
owners of the grocery store;
(4) the sale of alcoholic liquor at the premises occurs
in a retail area of the grocery store that is approximately

3,500 square feet;
(5) the grocery store has operated at the location
since 1984;
(6) the grocery store is closed on Sundays;
(7) the property on which the premises are located is a
corner lot that is bound by 3 streets and an alley, where
one street is a one-way street that runs north-south, one
street runs east-west, and one street runs
northwest-southeast;
(8) the property line of the premises is approximately
16 feet from the property line of the building where the
church is located;
(9) the premises are separated from the building
containing the church by a public alley;
(10) the primary entrance of the premises and the
primary entrance of the church are at least 100 feet apart;
(11) representatives of the church have delivered a
written statement that the church does not object to the
issuance of a license under this subsection (fff); and
(12) the alderman of the ward in which the grocery
store is located has expressed, in writing, his or her
support for the issuance of the license.
(ggg) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of licenses authorizing the sale of alcoholic liquor
within a restaurant or lobby coffee house at premises located

within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church and school if:
(1) a residential retirement home formerly operated on
the premises and the premises are being converted into a
new apartment living complex containing studio and
one-bedroom apartments with ground floor retail space;
(2) the restaurant and lobby coffee house are located
within a Community Shopping District within the
municipality;
(3) the premises are located in a single-building,
mixed-use complex that, in addition to the restaurant and
lobby coffee house, contains apartment residences, a
fitness center for the residents of the apartment building,
a lobby designed as a social center for the residents, a
rooftop deck, and a patio with a dog run for the exclusive
use of the residents;
(4) the sale of alcoholic liquor is not the primary
business activity of the apartment complex, restaurant, or
lobby coffee house;
(5) the entrance to the apartment residence is more
than 310 feet from the entrance to the school and church;
(6) the entrance to the apartment residence is located
at the end of the block around the corner from the south
side of the school building;
(7) the school is affiliated with the church;
(8) the pastor of the parish, principal of the school,

and the titleholder to the church and school have given
written consent to the issuance of the license;
(9) the alderman of the ward in which the premises are
located has given written consent to the issuance of the
license; and
(10) the neighborhood block club has given written
consent to the issuance of the license.
(hhh) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at premises
located within a municipality with a population in excess of
1,000,000 inhabitants and within 100 feet of a home for
indigent persons or a church if:
(1) a restaurant operates on the premises and has been
in operation since January of 2014;
(2) the sale of alcoholic liquor is incidental to the
sale of food;
(3) the sale of alcoholic liquor is not the principal
business carried on by the licensee on the premises;
(4) the premises occupy the first floor of a 3-story
building that is at least 100 years old;
(5) the primary entrance to the premises is more than
100 feet from the primary entrance to the home for indigent
persons, which opened in 1989 and is operated to address
homelessness and provide shelter;
(6) the primary entrance to the premises and the

primary entrance to the home for indigent persons are
located on different streets;
(7) the executive director of the home for indigent
persons has given written consent to the issuance of the
license;
(8) the entrance to the premises is located within 100
feet of a Buddhist temple;
(9) the entrance to the premises is more than 100 feet
from where any worship or educational programming is
conducted by the Buddhist temple and is located in an area
used only for other purposes; and
(10) the president and the board of directors of the
Buddhist temple have given written consent to the issuance
of the license.
(iii) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality in excess of
1,000,000 inhabitants and within 100 feet of a home for the
aged if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee on the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a restaurant;
(3) the premises are on the ground floor of a
multi-floor, university-affiliated housing facility;

(4) the premises occupy 1,916 square feet of space,
with the total square footage from which liquor will be
sold, served, and consumed to be 900 square feet;
(5) the premises are separated from the home for the
aged by an alley;
(6) the primary entrance to the premises and the
primary entrance to the home for the aged are at least 500
feet apart and located on different streets;
(7) representatives of the home for the aged have
expressed, in writing, that the home does not object to the
issuance of a license under this subsection; and
(8) the alderman of the ward in which the restaurant is
located has expressed, in writing, his or her support for
the issuance of the license.
(jjj) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) as of January 1, 2016, the premises were used for
the sale of alcoholic liquor for consumption on the
premises and were authorized to do so pursuant to a retail
tavern license held by an individual as the sole proprietor
of the premises;
(2) the primary entrance to the school and the primary

entrance to the premises are on the same street;
(3) the school was founded in 1949;
(4) the building in which the premises are situated was
constructed before 1930;
(5) the building in which the premises are situated is
immediately across the street from the school; and
(6) the school has not indicated its opposition to the
issuance or renewal of the license in writing.
(kkk) (Blank).
(lll) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a synagogue or school if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the premises are located on the same street on
which the synagogue or school is located;
(4) the primary entrance to the premises and the
closest entrance to the synagogue or school is at least 100
feet apart;
(5) the shortest distance between the premises and the
synagogue or school is at least 65 feet apart and no

greater than 70 feet apart;
(6) the premises are between 1,800 and 2,000 square
feet;
(7) the synagogue was founded in 1861; and
(8) the leader of the synagogue has indicated, in
writing, the synagogue's support for the issuance or
renewal of the license.
(mmm) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of licenses authorizing the sale of alcoholic liquor
within a restaurant or lobby coffee house at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the sale of food in a restaurant;
(3) the restaurant has been run by the same family for
at least 19 consecutive years;
(4) the premises are located in a 3-story building in
the most easterly part of the first floor;
(5) the building in which the premises are located has
residential housing on the second and third floors;
(6) the primary entrance to the premises is on a
north-south street around the corner and across an alley
from the primary entrance to the church, which is on an

east-west street;
(7) the primary entrance to the church and the primary
entrance to the premises are more than 160 feet apart; and
(8) the church has expressed, in writing, its support
for the issuance of a license under this subsection.
(nnn) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of licenses authorizing the sale of alcoholic liquor
within a restaurant or lobby coffee house at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a school and church or
synagogue if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the sale of food in a restaurant;
(3) the front door of the synagogue faces east on the
next north-south street east of and parallel to the
north-south street on which the restaurant is located where
the restaurant's front door faces west;
(4) the closest exterior pedestrian entrance that
leads to the school or the synagogue is across an east-west
street and at least 300 feet from the primary entrance to
the restaurant;
(5) the nearest church-related or school-related
building is a community center building;

(6) the restaurant is on the ground floor of a 3-story
building constructed in 1896 with a brick façade;
(7) the restaurant shares the ground floor with a
theater, and the second and third floors of the building in
which the restaurant is located consists of residential
housing;
(8) the leader of the synagogue and school has
expressed, in writing, that the synagogue does not object
to the issuance of a license under this subsection; and
(9) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license.
(ooo) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 2,000 but less than 5,000 inhabitants
in a county with a population in excess of 3,000,000 and within
100 feet of a home for the aged if:
(1) as of March 1, 2016, the premises were used to sell
alcohol pursuant to a retail tavern and packaged goods
license issued by the municipality and held by a limited
liability company as the proprietor of the premises;
(2) the home for the aged was completed in 2015;
(3) the home for the aged is a 5-story structure;
(4) the building in which the premises are situated is

directly adjacent to the home for the aged;
(5) the building in which the premises are situated was
constructed before 1950;
(6) the home for the aged has not indicated its
opposition to the issuance or renewal of the license; and
(7) the president of the municipality has expressed in
writing that he or she does not object to the issuance or
renewal of the license.
(ppp) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or churches if:
(1) the shortest distance between the premises and a
church is at least 78 feet apart and no greater than 95
feet apart;
(2) the premises are a single-story, brick commercial
building and between 3,600 to 4,000 square feet and the
original building was built before 1922;
(3) the premises are located in a B3-2 zoning district;
(4) the premises are separated from the buildings
containing the churches by a street;
(5) the previous owners of the business located on the
premises held a liquor license for at least 10 years;
(6) the new owner of the business located on the

premises has managed 2 other food and liquor stores since
1997;
(7) the principal religious leaders at the places of
worship have indicated their support for the issuance or
renewal of the license in writing; and
(8) the alderman of the ward in which the premises are
located has indicated his or her support for the issuance
or renewal of the license in writing.
(qqq) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the premises are located on the opposite side of
the same street on which the church is located;
(4) the church is located on a corner lot;
(5) the shortest distance between the premises and the
church is at least 90 feet apart and no greater than 95
feet apart;
(6) the premises are at least 3,000 but no more than
5,000 square feet;

(7) the church's original chapel was built in 1858;
(8) the church's first congregation was organized in
1860; and
(9) the leaders of the church and the alderman of the
ward in which the premises are located has expressed, in
writing, their support for the issuance of the license.
(rrr) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a restaurant or banquet facility established within
premises located within a municipality with a population in
excess of 1,000,000 inhabitants and within 100 feet of a church
or school if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the immediately prior owner or the operator of the
restaurant or banquet facility held a valid retail license
authorizing the sale of alcoholic liquor at the premises
for at least part of the 24 months before a change of
ownership;
(4) the premises are located immediately east and
across the street from an elementary school;
(5) the premises and elementary school are part of an
approximately 100-acre campus owned by the church;

(6) the school opened in 1999 and was named after the
founder of the church; and
(7) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license.
(sss) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
(1) the premises are at least 5,300 square feet and
located in a building that was built prior to 1940;
(2) the shortest distance between the property line of
the premises and the exterior wall of the building in which
the church is located is at least 109 feet;
(3) the distance between the building in which the
church is located and the building in which the premises
are located is at least 118 feet;
(4) the main entrance to the church faces west and is
at least 602 feet from the main entrance of the premises;
(5) the shortest distance between the property line of
the premises and the property line of the school is at
least 177 feet;
(6) the applicant has been in business for more than 10
years;

(7) the principal religious leader of the church has
indicated his or her support for the issuance or renewal of
the license in writing;
(8) the principal of the school has indicated in
writing that he or she is not opposed to the issuance of
the license; and
(9) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license.
(ttt) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
(1) the premises are at least 59,000 square feet and
located in a building that was built prior to 1940;
(2) the shortest distance between the west property
line of the premises and the exterior wall of the church is
at least 99 feet;
(3) the distance between the building in which the
church is located and the building in which the premises
are located is at least 102 feet;
(4) the main entrance to the church faces west and is
at least 457 feet from the main entrance of the premises;
(5) the shortest distance between the property line of

the premises and the property line of the school is at
least 66 feet;
(6) the applicant has been in business for more than 10
years;
(7) the principal religious leader of the church has
indicated his or her support for the issuance or renewal of
the license in writing;
(8) the principal of the school has indicated in
writing that he or she is not opposed to the issuance of
the license; and
(9) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license.
(uuu) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a place of worship if:
(1) the sale of liquor is incidental to the sale of
food;
(2) the premises are at least 7,100 square feet;
(3) the shortest distance between the north property
line of the premises and the nearest exterior wall of the
place of worship is at least 86 feet;
(4) the main entrance to the place of worship faces

north and is more than 150 feet from the main entrance of
the premises;
(5) the applicant has been in business for more than 20
years at the location;
(6) the principal religious leader of the place of
worship has indicated his or her support for the issuance
or renewal of the license in writing; and
(7) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license.
(vvv) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of 2 churches if:
(1) as of January 1, 2015, the premises were used for
the sale of alcoholic liquor for consumption on the
premises and the sale was authorized pursuant to a retail
tavern license held by an individual as the sole proprietor
of the premises;
(2) a primary entrance of the church situated to the
south of the premises is located on a street running
perpendicular to the street upon which a primary entrance
of the premises is situated;
(3) the church located to the south of the premises is

a 3-story structure that was constructed in 2006;
(4) a parking lot separates the premises from the
church located to the south of the premises;
(5) the building in which the premises are situated was
constructed before 1930;
(6) the building in which the premises are situated is
a 2-story, mixed-use commercial and residential structure
containing more than 20,000 total square feet and
containing at least 7 residential units on the second floor
and 3 commercial units on the first floor;
(7) the building in which the premises are situated is
immediately adjacent to the church located to the north of
the premises;
(8) the primary entrance of the church located to the
north of the premises and the primary entrance of the
premises are located on the same street;
(9) the churches have not indicated their opposition to
the issuance or renewal of the license in writing; and
(10) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license.
(www) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of licenses authorizing the sale of alcoholic liquor
within a restaurant at premises located within a municipality
with a population in excess of 1,000,000 inhabitants and within

100 feet of a school if:
(1) the sale of alcoholic liquor is incidental to the
sale of food and is not the principal business of the
restaurant;
(2) the building in which the restaurant is located was
constructed in 1909 and is a 2-story structure;
(3) the restaurant has been operating continuously
since 1962, has been located at the existing premises since
1989, and has been owned and operated by the same family,
which also operates a deli in a building located
immediately to the east and adjacent and connected to the
restaurant;
(4) the entrance to the restaurant is more than 200
feet from the entrance to the school;
(5) the building in which the restaurant is located and
the building in which the school is located are separated
by a traffic-congested major street;
(6) the building in which the restaurant is located
faces a public park located to the east of the school,
cannot be seen from the windows of the school, and is not
directly across the street from the school;
(7) the school building is located 2 blocks from a
major private university;
(8) the school is a public school that has
pre-kindergarten through eighth grade classes, is an open
enrollment school, and has a preschool program that has

earned a Gold Circle of Quality award;
(9) the local school council has given written consent
for the issuance of the liquor license; and
(10) the alderman of the ward in which the premises are
located has given written consent for the issuance of the
liquor license.
(xxx) (Blank).
(yyy) (sss) Notwithstanding any provision in this Section
to the contrary, nothing in this Section shall prohibit the
issuance or renewal of a license authorizing the sale of
alcoholic liquor at a store that is located within a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church if:
(1) the premises are primarily used for the sale of
alcoholic liquor;
(2) on January 1, 2017, the store was authorized to
sell alcoholic liquor pursuant to a package goods liquor
license;
(3) on January 1, 2017, the store occupied
approximately 5,560 square feet and will be expanded to
include 440 additional square feet for the purpose of
storage;
(4) the store was in existence before the church;
(5) the building in which the store is located was
built in 1956 and is immediately south of the church;
(6) the store and church are separated by an east-west

street;
(7) the owner of the store received his first liquor
license in 1986;
(8) the church has not indicated its opposition to the
issuance or renewal of the license in writing; and
(9) the alderman of the ward in which the store is
located has expressed his or her support for the issuance
or renewal of the license.
(Source: P.A. 99-46, eff. 7-15-15; 99-47, eff. 7-15-15; 99-477,
eff. 8-27-15; 99-484, eff. 10-30-15; 99-558, eff. 7-15-16;
99-642, eff. 7-28-16; 99-936, eff. 2-24-17; 100-36, eff.
8-4-17; 100-38, eff. 8-4-17; 100-201, eff. 8-18-17; revised
10-12-17.)
Section 445. The Illinois Public Aid Code is amended by
changing Sections 5-5, 5-8, 5-16.8, 5A-8, 6-1.3, 11-6, and 12-5
as follows:
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the rate
of reimbursement for the medical assistance for which payment
will be authorized, and the medical services to be provided,
which may include all or part of the following: (1) inpatient
hospital services; (2) outpatient hospital services; (3) other
laboratory and X-ray services; (4) skilled nursing home

services; (5) physicians' services whether furnished in the
office, the patient's home, a hospital, a skilled nursing home,
or elsewhere; (6) medical care, or any other type of remedial
care furnished by licensed practitioners; (7) home health care
services; (8) private duty nursing service; (9) clinic
services; (10) dental services, including prevention and
treatment of periodontal disease and dental caries disease for
pregnant women, provided by an individual licensed to practice
dentistry or dental surgery; for purposes of this item (10),
"dental services" means diagnostic, preventive, or corrective
procedures provided by or under the supervision of a dentist in
the practice of his or her profession; (11) physical therapy
and related services; (12) prescribed drugs, dentures, and
prosthetic devices; and eyeglasses prescribed by a physician
skilled in the diseases of the eye, or by an optometrist,
whichever the person may select; (13) other diagnostic,
screening, preventive, and rehabilitative services, including
to ensure that the individual's need for intervention or
treatment of mental disorders or substance use disorders or
co-occurring mental health and substance use disorders is
determined using a uniform screening, assessment, and
evaluation process inclusive of criteria, for children and
adults; for purposes of this item (13), a uniform screening,
assessment, and evaluation process refers to a process that
includes an appropriate evaluation and, as warranted, a
referral; "uniform" does not mean the use of a singular

instrument, tool, or process that all must utilize; (14)
transportation and such other expenses as may be necessary;
(15) medical treatment of sexual assault survivors, as defined
in Section 1a of the Sexual Assault Survivors Emergency
Treatment Act, for injuries sustained as a result of the sexual
assault, including examinations and laboratory tests to
discover evidence which may be used in criminal proceedings
arising from the sexual assault; (16) the diagnosis and
treatment of sickle cell anemia; and (17) any other medical
care, and any other type of remedial care recognized under the
laws of this State. The term "any other type of remedial care"
shall include nursing care and nursing home service for persons
who rely on treatment by spiritual means alone through prayer
for healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug Administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code,
reproductive health care that is otherwise legal in Illinois
shall be covered under the medical assistance program for
persons who are otherwise eligible for medical assistance under
this Article.

Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment
for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory
test order form. The Illinois Department may, however, impose
other appropriate requirements regarding laboratory test order
documentation.
Upon receipt of federal approval of an amendment to the
Illinois Title XIX State Plan for this purpose, the Department
shall authorize the Chicago Public Schools (CPS) to procure a
vendor or vendors to manufacture eyeglasses for individuals
enrolled in a school within the CPS system. CPS shall ensure
that its vendor or vendors are enrolled as providers in the
medical assistance program and in any capitated Medicaid
managed care entity (MCE) serving individuals enrolled in a
school within the CPS system. Under any contract procured under
this provision, the vendor or vendors must serve only
individuals enrolled in a school within the CPS system. Claims
for services provided by CPS's vendor or vendors to recipients
of benefits in the medical assistance program under this Code,
the Children's Health Insurance Program, or the Covering ALL
KIDS Health Insurance Program shall be submitted to the
Department or the MCE in which the individual is enrolled for
payment and shall be reimbursed at the Department's or the
MCE's established rates or rate methodologies for eyeglasses.
On and after July 1, 2012, the Department of Healthcare and

Family Services may provide the following services to persons
eligible for assistance under this Article who are
participating in education, training or employment programs
operated by the Department of Human Services as successor to
the Department of Public Aid:
(1) dental services provided by or under the
supervision of a dentist; and
(2) eyeglasses prescribed by a physician skilled in the
diseases of the eye, or by an optometrist, whichever the
person may select.
Notwithstanding any other provision of this Code and
subject to federal approval, the Department may adopt rules to
allow a dentist who is volunteering his or her service at no
cost to render dental services through an enrolled
not-for-profit health clinic without the dentist personally
enrolling as a participating provider in the medical assistance
program. A not-for-profit health clinic shall include a public
health clinic or Federally Qualified Health Center or other
enrolled provider, as determined by the Department, through
which dental services covered under this Section are performed.
The Department shall establish a process for payment of claims
for reimbursement for covered dental services rendered under
this provision.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in accordance
with the classes of persons designated in Section 5-2.

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

(E) A screening MRI when medically necessary, as
determined by a physician licensed to practice medicine in
all of its branches.
All screenings shall include a physical breast exam,
instruction on self-examination and information regarding the
frequency of self-examination and its value as a preventative
tool. For purposes of this Section, "low-dose mammography"
means the x-ray examination of the breast using equipment
dedicated specifically for mammography, including the x-ray
tube, filter, compression device, and image receptor, with an
average radiation exposure delivery of less than one rad per
breast for 2 views of an average size breast. The term also
includes digital mammography and includes breast
tomosynthesis. As used in this Section, the term "breast
tomosynthesis" means a radiologic procedure that involves the
acquisition of projection images over the stationary breast to
produce cross-sectional digital three-dimensional images of
the breast. If, at any time, the Secretary of the United States
Department of Health and Human Services, or its successor
agency, promulgates rules or regulations to be published in the
Federal Register or publishes a comment in the Federal Register
or issues an opinion, guidance, or other action that would
require the State, pursuant to any provision of the Patient
Protection and Affordable Care Act (Public Law 111-148),
including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
successor provision, to defray the cost of any coverage for

breast tomosynthesis outlined in this paragraph, then the
requirement that an insurer cover breast tomosynthesis is
inoperative other than any such coverage authorized under
Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
the State shall not assume any obligation for the cost of
coverage for breast tomosynthesis set forth in this paragraph.
On and after January 1, 2016, the Department shall ensure
that all networks of care for adult clients of the Department
include access to at least one breast imaging Center of Imaging
Excellence as certified by the American College of Radiology.
On and after January 1, 2012, providers participating in a
quality improvement program approved by the Department shall be
reimbursed for screening and diagnostic mammography at the same
rate as the Medicare program's rates, including the increased
reimbursement for digital mammography.
The Department shall convene an expert panel including
representatives of hospitals, free-standing mammography
facilities, and doctors, including radiologists, to establish
quality standards for mammography.
On and after January 1, 2017, providers participating in a
breast cancer treatment quality improvement program approved
by the Department shall be reimbursed for breast cancer
treatment at a rate that is no lower than 95% of the Medicare
program's rates for the data elements included in the breast
cancer treatment quality program.
The Department shall convene an expert panel, including

representatives of hospitals, free standing breast cancer
treatment centers, breast cancer quality organizations, and
doctors, including breast surgeons, reconstructive breast
surgeons, oncologists, and primary care providers to establish
quality standards for breast cancer treatment.
Subject to federal approval, the Department shall
establish a rate methodology for mammography at federally
qualified health centers and other encounter-rate clinics.
These clinics or centers may also collaborate with other
hospital-based mammography facilities. By January 1, 2016, the
Department shall report to the General Assembly on the status
of the provision set forth in this paragraph.
The Department shall establish a methodology to remind
women who are age-appropriate for screening mammography, but
who have not received a mammogram within the previous 18
months, of the importance and benefit of screening mammography.
The Department shall work with experts in breast cancer
outreach and patient navigation to optimize these reminders and
shall establish a methodology for evaluating their
effectiveness and modifying the methodology based on the
evaluation.
The Department shall establish a performance goal for
primary care providers with respect to their female patients
over age 40 receiving an annual mammogram. This performance
goal shall be used to provide additional reimbursement in the
form of a quality performance bonus to primary care providers

who meet that goal.
The Department shall devise a means of case-managing or
patient navigation for beneficiaries diagnosed with breast
cancer. This program shall initially operate as a pilot program
in areas of the State with the highest incidence of mortality
related to breast cancer. At least one pilot program site shall
be in the metropolitan Chicago area and at least one site shall
be outside the metropolitan Chicago area. On or after July 1,
2016, the pilot program shall be expanded to include one site
in western Illinois, one site in southern Illinois, one site in
central Illinois, and 4 sites within metropolitan Chicago. An
evaluation of the pilot program shall be carried out measuring
health outcomes and cost of care for those served by the pilot
program compared to similarly situated patients who are not
served by the pilot program.
The Department shall require all networks of care to
develop a means either internally or by contract with experts
in navigation and community outreach to navigate cancer
patients to comprehensive care in a timely fashion. The
Department shall require all networks of care to include access
for patients diagnosed with cancer to at least one academic
commission on cancer-accredited cancer program as an
in-network covered benefit.
Any medical or health care provider shall immediately
recommend, to any pregnant woman who is being provided prenatal
services and is suspected of drug abuse or is addicted as

defined in the Alcoholism and Other Drug Abuse and Dependency
Act, referral to a local substance abuse treatment provider
licensed by the Department of Human Services or to a licensed
hospital which provides substance abuse treatment services.
The Department of Healthcare and Family Services shall assure
coverage for the cost of treatment of the drug abuse or
addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department of
Human Services.
All medical providers providing medical assistance to
pregnant women under this Code shall receive information from
the Department on the availability of services under the Drug
Free Families with a Future or any comparable program providing
case management services for addicted women, including
information on appropriate referrals for other social services
that may be needed by addicted women in addition to treatment
for addiction.
The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through a
public awareness campaign, may provide information concerning
treatment for alcoholism and drug abuse and addiction, prenatal
health care, and other pertinent programs directed at reducing
the number of drug-affected infants born to recipients of
medical assistance.
Neither the Department of Healthcare and Family Services

nor the Department of Human Services shall sanction the
recipient solely on the basis of her substance abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this Article
as it shall deem appropriate. The Department should seek the
advice of formal professional advisory committees appointed by
the Director of the Illinois Department for the purpose of
providing regular advice on policy and administrative matters,
information dissemination and educational activities for
medical and health care providers, and consistency in
procedures to the Illinois Department.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration projects
in certain geographic areas. The Partnership shall be
represented by a sponsor organization. The Department, by rule,
shall develop qualifications for sponsors of Partnerships.
Nothing in this Section shall be construed to require that the
sponsor organization be a medical organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and

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

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

sufficient to fully and accurately document the nature, scope,
details and receipt of the health care provided to persons
eligible for medical assistance under this Code, in accordance
with regulations promulgated by the Illinois Department. The
rules and regulations shall require that proof of the receipt
of prescription drugs, dentures, prosthetic devices and
eyeglasses by eligible persons under this Section accompany
each claim for reimbursement submitted by the dispenser of such
medical services. No such claims for reimbursement shall be
approved for payment by the Illinois Department without such
proof of receipt, unless the Illinois Department shall have put
into effect and shall be operating a system of post-payment
audit and review which shall, on a sampling basis, be deemed
adequate by the Illinois Department to assure that such drugs,
dentures, prosthetic devices and eyeglasses for which payment
is being made are actually being received by eligible
recipients. Within 90 days after September 16, 1984 (the
effective date of Public Act 83-1439), the Illinois Department
shall establish a current list of acquisition costs for all
prosthetic devices and any other items recognized as medical
equipment and supplies reimbursable under this Article and
shall update such list on a quarterly basis, except that the
acquisition costs of all prescription drugs shall be updated no
less frequently than every 30 days as required by Section
5-5.12.
Notwithstanding any other law to the contrary, the Illinois

Department shall, within 365 days after July 22, 2013 (the
effective date of Public Act 98-104), establish procedures to
permit skilled care facilities licensed under the Nursing Home
Care Act to submit monthly billing claims for reimbursement
purposes. Following development of these procedures, the
Department shall, by July 1, 2016, test the viability of the
new system and implement any necessary operational or
structural changes to its information technology platforms in
order to allow for the direct acceptance and payment of nursing
home claims.
Notwithstanding any other law to the contrary, the Illinois
Department shall, within 365 days after August 15, 2014 (the
effective date of Public Act 98-963), establish procedures to
permit ID/DD facilities licensed under the ID/DD Community Care
Act and MC/DD facilities licensed under the MC/DD Act to submit
monthly billing claims for reimbursement purposes. Following
development of these procedures, the Department shall have an
additional 365 days to test the viability of the new system and
to ensure that any necessary operational or structural changes
to its information technology platforms are implemented.
The Illinois Department shall require all dispensers of
medical services, other than an individual practitioner or
group of practitioners, desiring to participate in the Medical
Assistance program established under this Article to disclose
all financial, beneficial, ownership, equity, surety or other
interests in any and all firms, corporations, partnerships,

associations, business enterprises, joint ventures, agencies,
institutions or other legal entities providing any form of
health care services in this State under this Article.
The Illinois Department may require that all dispensers of
medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department may
by rule establish, all inquiries from clients and attorneys
regarding medical bills paid by the Illinois Department, which
inquiries could indicate potential existence of claims or liens
for the Illinois Department.
Enrollment of a vendor shall be subject to a provisional
period and shall be conditional for one year. During the period
of conditional enrollment, the Department may terminate the
vendor's eligibility to participate in, or may disenroll the
vendor from, the medical assistance program without cause.
Unless otherwise specified, such termination of eligibility or
disenrollment is not subject to the Department's hearing
process. However, a disenrolled vendor may reapply without
penalty.
The Department has the discretion to limit the conditional
enrollment period for vendors based upon category of risk of
the vendor.
Prior to enrollment and during the conditional enrollment
period in the medical assistance program, all vendors shall be
subject to enhanced oversight, screening, and review based on

the risk of fraud, waste, and abuse that is posed by the
category of risk of the vendor. The Illinois Department shall
establish the procedures for oversight, screening, and review,
which may include, but need not be limited to: criminal and
financial background checks; fingerprinting; license,
certification, and authorization verifications; unscheduled or
unannounced site visits; database checks; prepayment audit
reviews; audits; payment caps; payment suspensions; and other
screening as required by federal or State law.
The Department shall define or specify the following: (i)
by provider notice, the "category of risk of the vendor" for
each type of vendor, which shall take into account the level of
screening applicable to a particular category of vendor under
federal law and regulations; (ii) by rule or provider notice,
the maximum length of the conditional enrollment period for
each category of risk of the vendor; and (iii) by rule, the
hearing rights, if any, afforded to a vendor in each category
of risk of the vendor that is terminated or disenrolled during
the conditional enrollment period.
To be eligible for payment consideration, a vendor's
payment claim or bill, either as an initial claim or as a
resubmitted claim following prior rejection, must be received
by the Illinois Department, or its fiscal intermediary, no
later than 180 days after the latest date on the claim on which
medical goods or services were provided, with the following
exceptions:

(1) In the case of a provider whose enrollment is in
process by the Illinois Department, the 180-day period
shall not begin until the date on the written notice from
the Illinois Department that the provider enrollment is
complete.
(2) In the case of errors attributable to the Illinois
Department or any of its claims processing intermediaries
which result in an inability to receive, process, or
adjudicate a claim, the 180-day period shall not begin
until the provider has been notified of the error.
(3) In the case of a provider for whom the Illinois
Department initiates the monthly billing process.
(4) In the case of a provider operated by a unit of
local government with a population exceeding 3,000,000
when local government funds finance federal participation
for claims payments.
For claims for services rendered during a period for which
a recipient received retroactive eligibility, claims must be
filed within 180 days after the Department determines the
applicant is eligible. For claims for which the Illinois
Department is not the primary payer, claims must be submitted
to the Illinois Department within 180 days after the final
adjudication by the primary payer.
In the case of long term care facilities, within 45
calendar days of receipt by the facility of required
prescreening information, new admissions with associated

admission documents shall be submitted through the Medical
Electronic Data Interchange (MEDI) or the Recipient
Eligibility Verification (REV) System or shall be submitted
directly to the Department of Human Services using required
admission forms. Effective September 1, 2014, admission
documents, including all prescreening information, must be
submitted through MEDI or REV. Confirmation numbers assigned to
an accepted transaction shall be retained by a facility to
verify timely submittal. Once an admission transaction has been
completed, all resubmitted claims following prior rejection
are subject to receipt no later than 180 days after the
admission transaction has been completed.
Claims that are not submitted and received in compliance
with the foregoing requirements shall not be eligible for
payment under the medical assistance program, and the State
shall have no liability for payment of those claims.
To the extent consistent with applicable information and
privacy, security, and disclosure laws, State and federal
agencies and departments shall provide the Illinois Department
access to confidential and other information and data necessary
to perform eligibility and payment verifications and other
Illinois Department functions. This includes, but is not
limited to: information pertaining to licensure;
certification; earnings; immigration status; citizenship; wage
reporting; unearned and earned income; pension income;
employment; supplemental security income; social security

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

adjudication process through the utilization of: (i) provider
data verification and provider screening technology; and (ii)
clinical code editing; and (iii) pre-pay, pre- or
post-adjudicated predictive modeling with an integrated case
management system with link analysis. Such a request for
information shall not be considered as a request for proposal
or as an obligation on the part of the Illinois Department to
take any action or acquire any products or services.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the acquisition,
repair and replacement of orthotic and prosthetic devices and
durable medical equipment. Such rules shall provide, but not be
limited to, the following services: (1) immediate repair or
replacement of such devices by recipients; and (2) rental,
lease, purchase or lease-purchase of durable medical equipment
in a cost-effective manner, taking into consideration the
recipient's medical prognosis, the extent of the recipient's
needs, and the requirements and costs for maintaining such
equipment. Subject to prior approval, such rules shall enable a
recipient to temporarily acquire and use alternative or
substitute devices or equipment pending repairs or
replacements of any device or equipment previously authorized
for such recipient by the Department. Notwithstanding any
provision of Section 5-5f to the contrary, the Department may,
by rule, exempt certain replacement wheelchair parts from prior
approval and, for wheelchairs, wheelchair parts, wheelchair

accessories, and related seating and positioning items,
determine the wholesale price by methods other than actual
acquisition costs.
The Department shall require, by rule, all providers of
durable medical equipment to be accredited by an accreditation
organization approved by the federal Centers for Medicare and
Medicaid Services and recognized by the Department in order to
bill the Department for providing durable medical equipment to
recipients. No later than 15 months after the effective date of
the rule adopted pursuant to this paragraph, all providers must
meet the accreditation requirement.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department on Aging, to
effect the following: (i) intake procedures and common
eligibility criteria for those persons who are receiving
non-institutional services; and (ii) the establishment and
development of non-institutional services in areas of the State
where they are not currently available or are undeveloped; and
(iii) notwithstanding any other provision of law, subject to
federal approval, on and after July 1, 2012, an increase in the
determination of need (DON) scores from 29 to 37 for applicants
for institutional and home and community-based long term care;
if and only if federal approval is not granted, the Department
may, in conjunction with other affected agencies, implement
utilization controls or changes in benefit packages to

effectuate a similar savings amount for this population; and
(iv) no later than July 1, 2013, minimum level of care
eligibility criteria for institutional and home and
community-based long term care; and (v) no later than October
1, 2013, establish procedures to permit long term care
providers access to eligibility scores for individuals with an
admission date who are seeking or receiving services from the
long term care provider. In order to select the minimum level
of care eligibility criteria, the Governor shall establish a
workgroup that includes affected agency representatives and
stakeholders representing the institutional and home and
community-based long term care interests. This Section shall
not restrict the Department from implementing lower level of
care eligibility criteria for community-based services in
circumstances where federal approval has been granted.
The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation and
programs for monitoring of utilization of health care services
and facilities, as it affects persons eligible for medical
assistance under this Code.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of

medical services by public aid recipients;
(b) actual statistics and trends in the provision of
the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors; and
(d) efforts at utilization review and control by the
Illinois Department.
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the General
Assembly. The filing of one copy of the report with the
Speaker, one copy with the Minority Leader and one copy with
the Clerk of the House of Representatives, one copy with the
President, one copy with the Minority Leader and one copy with
the Secretary of the Senate, one copy with the Legislative
Research Unit, and such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act shall be deemed sufficient to comply with this
Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.

On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate of
reimbursement for services or other payments in accordance with
Section 5-5e.
Because kidney transplantation can be an appropriate, cost
effective alternative to renal dialysis when medically
necessary and notwithstanding the provisions of Section 1-11 of
this Code, beginning October 1, 2014, the Department shall
cover kidney transplantation for noncitizens with end-stage
renal disease who are not eligible for comprehensive medical
benefits, who meet the residency requirements of Section 5-3 of
this Code, and who would otherwise meet the financial
requirements of the appropriate class of eligible persons under
Section 5-2 of this Code. To qualify for coverage of kidney
transplantation, such person must be receiving emergency renal
dialysis services covered by the Department. Providers under
this Section shall be prior approved and certified by the
Department to perform kidney transplantation and the services
under this Section shall be limited to services associated with
kidney transplantation.
Notwithstanding any other provision of this Code to the
contrary, on or after July 1, 2015, all FDA approved forms of
medication assisted treatment prescribed for the treatment of
alcohol dependence or treatment of opioid dependence shall be
covered under both fee for service and managed care medical

assistance programs for persons who are otherwise eligible for
medical assistance under this Article and shall not be subject
to any (1) utilization control, other than those established
under the American Society of Addiction Medicine patient
placement criteria, (2) prior authorization mandate, or (3)
lifetime restriction limit mandate.
On or after July 1, 2015, opioid antagonists prescribed for
the treatment of an opioid overdose, including the medication
product, administration devices, and any pharmacy fees related
to the dispensing and administration of the opioid antagonist,
shall be covered under the medical assistance program for
persons who are otherwise eligible for medical assistance under
this Article. As used in this Section, "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.
Upon federal approval, the Department shall provide
coverage and reimbursement for all drugs that are approved for
marketing by the federal Food and Drug Administration and that
are recommended by the federal Public Health Service or the
United States Centers for Disease Control and Prevention for
pre-exposure prophylaxis and related pre-exposure prophylaxis
services, including, but not limited to, HIV and sexually
transmitted infection screening, treatment for sexually

transmitted infections, medical monitoring, assorted labs, and
counseling to reduce the likelihood of HIV infection among
individuals who are not infected with HIV but who are at high
risk of HIV infection.
(Source: P.A. 99-78, eff. 7-20-15; 99-180, eff. 7-29-15;
99-236, eff. 8-3-15; 99-407 (see Section 20 of P.A. 99-588 for
the effective date of P.A. 99-407); 99-433, eff. 8-21-15;
99-480, eff. 9-9-15; 99-588, eff. 7-20-16; 99-642, eff.
7-28-16; 99-772, eff. 1-1-17; 99-895, eff. 1-1-17; 100-201,
eff. 8-18-17; 100-395, eff. 1-1-18; 100-449, eff. 1-1-18;
100-538, eff. 1-1-18; revised 10-26-17.)
(305 ILCS 5/5-8) (from Ch. 23, par. 5-8)
Sec. 5-8. Practitioners. In supplying medical assistance,
the Illinois Department may provide for the legally authorized
services of (i) persons licensed under the Medical Practice Act
of 1987, as amended, except as hereafter in this Section
stated, whether under a general or limited license, (ii)
persons licensed under the Nurse Practice Act as advanced
practice registered nurses, regardless of whether or not the
persons have written collaborative agreements, (iii) persons
licensed or registered under other laws of this State to
provide dental, medical, pharmaceutical, optometric,
podiatric, or nursing services, or other remedial care
recognized under State law, (iv) persons licensed under other
laws of this State as a clinical social worker, and (v) persons

licensed under other laws of this State as physician
assistants. The Department shall adopt rules, no later than 90
days after January 1, 2017 (the effective date of Public Act
99-621) this amendatory Act of the 99th General Assembly, for
the legally authorized services of persons licensed under other
laws of this State as a clinical social worker. The utilization
of the services of persons engaged in the treatment or care of
the sick, which persons are not required to be licensed or
registered under the laws of this State, is not prohibited by
this Section.
(Source: P.A. 99-173, eff. 7-29-15; 99-621, eff. 1-1-17;
100-453, eff. 8-25-17; 100-513, eff. 1-1-18; 100-538, eff.
1-1-18; revised 10-26-17.)
(305 ILCS 5/5-16.8)
Sec. 5-16.8. Required health benefits. The medical
assistance program shall (i) provide the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g.5, 356u, 356w, 356x, 356z.6, and 356z.26
356z.25 of the Illinois Insurance Code and (ii) be subject to
the provisions of Sections 356z.19, 364.01, 370c, and 370c.1 of
the Illinois Insurance Code.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate of

reimbursement for services or other payments in accordance with
Section 5-5e.
To ensure full access to the benefits set forth in this
Section, on and after January 1, 2016, the Department shall
ensure that provider and hospital reimbursement for
post-mastectomy care benefits required under this Section are
no lower than the Medicare reimbursement rate.
(Source: P.A. 99-433, eff. 8-21-15; 99-480, eff. 9-9-15;
99-642, eff. 7-28-16; 100-138, eff. 8-18-17; revised 1-29-18.)
(305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
Sec. 5A-8. Hospital Provider Fund.
(a) There is created in the State Treasury the Hospital
Provider Fund. Interest earned by the Fund shall be credited to
the Fund. The Fund shall not be used to replace any moneys
appropriated to the Medicaid program by the General Assembly.
(b) The Fund is created for the purpose of receiving moneys
in accordance with Section 5A-6 and disbursing moneys only for
the following purposes, notwithstanding any other provision of
law:
(1) For making payments to hospitals as required under
this Code, under the Children's Health Insurance Program
Act, under the Covering ALL KIDS Health Insurance Act, and
under the Long Term Acute Care Hospital Quality Improvement
Transfer Program Act.
(2) For the reimbursement of moneys collected by the

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

paragraph (6.5) shall not exceed $60,000,000 in the
aggregate.
(7) For making transfers not exceeding the following
amounts, related to State fiscal years 2013 through 2018,
to the following designated funds:
Health and Human Services Medicaid Trust
Fund..............................$20,000,000
Long-Term Care Provider Fund..........$30,000,000
General Revenue Fund.................$80,000,000.
Transfers under this paragraph shall be made within 7 days
after the payments have been received pursuant to the
schedule of payments provided in subsection (a) of Section
5A-4.
(7.1) (Blank).
(7.5) (Blank).
(7.8) (Blank).
(7.9) (Blank).
(7.10) For State fiscal year 2014, for making transfers
of the moneys resulting from the assessment under
subsection (b-5) of Section 5A-2 and received from hospital
providers under Section 5A-4 and transferred into the
Hospital Provider Fund under Section 5A-6 to the designated
funds not exceeding the following amounts in that State
fiscal year:
Healthcare Provider Relief Fund......$100,000,000
Transfers under this paragraph shall be made within 7

days after the payments have been received pursuant to the
schedule of payments provided in subsection (a) of Section
5A-4.
The additional amount of transfers in this paragraph
(7.10), authorized by Public Act 98-651, shall be made
within 10 State business days after June 16, 2014 (the
effective date of Public Act 98-651). That authority shall
remain in effect even if Public Act 98-651 does not become
law until State fiscal year 2015.
(7.10a) For State fiscal years 2015 through 2018, for
making transfers of the moneys resulting from the
assessment under subsection (b-5) of Section 5A-2 and
received from hospital providers under Section 5A-4 and
transferred into the Hospital Provider Fund under Section
5A-6 to the designated funds not exceeding the following
amounts related to each State fiscal year:
Healthcare Provider Relief Fund......$50,000,000
Transfers under this paragraph shall be made within 7
days after the payments have been received pursuant to the
schedule of payments provided in subsection (a) of Section
5A-4.
(7.11) (Blank).
(7.12) For State fiscal year 2013, for increasing by
21/365ths the transfer of the moneys resulting from the
assessment under subsection (b-5) of Section 5A-2 and
received from hospital providers under Section 5A-4 for the

portion of State fiscal year 2012 beginning June 10, 2012
through June 30, 2012 and transferred into the Hospital
Provider Fund under Section 5A-6 to the designated funds
not exceeding the following amounts in that State fiscal
year:
Healthcare Provider Relief Fund.......$2,870,000
Since the federal Centers for Medicare and Medicaid
Services approval of the assessment authorized under
subsection (b-5) of Section 5A-2, received from hospital
providers under Section 5A-4 and the payment methodologies
to hospitals required under Section 5A-12.4 was not
received by the Department until State fiscal year 2014 and
since the Department made retroactive payments during
State fiscal year 2014 related to the referenced period of
June 2012, the transfer authority granted in this paragraph
(7.12) is extended through the date that is 10 State
business days after June 16, 2014 (the effective date of
Public Act 98-651).
(7.13) In addition to any other transfers authorized
under this Section, for State fiscal years 2017 and 2018,
for making transfers to the Healthcare Provider Relief Fund
of moneys collected from the ACA Assessment Adjustment
authorized under subsections (a) and (b-5) of Section 5A-2
and paid by hospital providers under Section 5A-4 into the
Hospital Provider Fund under Section 5A-6 for each State
fiscal year. Timing of transfers to the Healthcare Provider

Relief Fund under this paragraph shall be at the discretion
of the Department, but no less frequently than quarterly.
(8) For making refunds to hospital providers pursuant
to Section 5A-10.
(9) For making payment to capitated managed care
organizations as described in subsections (s) and (t) of
Section 5A-12.2 of this Code.
Disbursements from the Fund, other than transfers
authorized under paragraphs (5) and (6) of this subsection,
shall be by warrants drawn by the State Comptroller upon
receipt of vouchers duly executed and certified by the Illinois
Department.
(c) The Fund shall consist of the following:
(1) All moneys collected or received by the Illinois
Department from the hospital provider assessment imposed
by this Article.
(2) All federal matching funds received by the Illinois
Department as a result of expenditures made by the Illinois
Department that are attributable to moneys deposited in the
Fund.
(3) Any interest or penalty levied in conjunction with
the administration of this Article.
(3.5) As applicable, proceeds from surety bond
payments payable to the Department as referenced in
subsection (s) of Section 5A-12.2 of this Code.
(4) Moneys transferred from another fund in the State

treasury.
(5) All other moneys received for the Fund from any
other source, including interest earned thereon.
(d) (Blank).
(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
98-651, eff. 6-16-14; 98-756, eff. 7-16-14; 99-78, eff.
7-20-15; 99-516, eff. 6-30-16; 99-933, eff. 1-27-17; revised
2-15-17.)
(305 ILCS 5/6-1.3) (from Ch. 23, par. 6-1.3)
Sec. 6-1.3. Utilization of aid available under other
provisions of Code. The person must have been determined
ineligible for aid under the federally funded programs to aid
refugees and Articles III, IV or V. Nothing in this Section
shall prevent the use of General Assistance funds to pay any
portion of the costs of care and maintenance in a residential
drug abuse treatment program licensed by the Department of
Human Services, or in a County Nursing Home, or in a private
nursing home, retirement home or other facility for the care of
the elderly, of a person otherwise eligible to receive General
Assistance except for the provisions of this paragraph.
A person otherwise eligible for aid under the federally
funded programs to aid refugees or Articles III, IV or V who
fails or refuses to comply with provisions of this Code or
other laws, or rules and regulations of the Illinois
Department, which would qualify him for aid under those

programs or Articles, shall not receive General Assistance
under this Article nor shall any of his dependents whose
eligibility is contingent upon such compliance receive General
Assistance.
Persons and families who are ineligible for aid under
Article IV due to having received benefits under Article IV for
any maximum time limits set under the Illinois Temporary
Assistance for to Needy Families (TANF) Plan shall not be
eligible for General Assistance under this Article unless the
Illinois Department or the local governmental unit, by rule,
specifies that those persons or families may be eligible.
(Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97; revised
10-4-17.)
(305 ILCS 5/11-6) (from Ch. 23, par. 11-6)
Sec. 11-6. Decisions on applications. Within 10 days after
a decision is reached on an application, the applicant shall be
notified in writing of the decision. If the applicant resides
in a facility licensed under the Nursing Home Care Act or a
supportive living facility authorized under Section 5-5.01a,
the facility shall also receive written notice of the decision,
provided that the notification is related to a Department
payment for services received by the applicant in the facility.
Only facilities enrolled in and subject to a provider agreement
under the medical assistance program under Article V may
receive such notices of decisions. The Department shall

consider eligibility for, and the notice shall contain a
decision on, each of the following assistance programs for
which the client may be eligible based on the information
contained in the application: Temporary Assistance for to Needy
Families, Medical Assistance, Aid to the Aged, Blind and
Disabled, General Assistance (in the City of Chicago), and food
stamps. No decision shall be required for any assistance
program for which the applicant has expressly declined in
writing to apply. If the applicant is determined to be
eligible, the notice shall include a statement of the amount of
financial aid to be provided and a statement of the reasons for
any partial grant amounts. If the applicant is determined
ineligible for any public assistance the notice shall include
the reason why the applicant is ineligible. If the application
for any public assistance is denied, the notice shall include a
statement defining the applicant's right to appeal the
decision. The Illinois Department, by rule, shall determine the
date on which assistance shall begin for applicants determined
eligible. That date may be no later than 30 days after the date
of the application.
Under no circumstances may any application be denied solely
to meet an application-processing deadline.
(Source: P.A. 96-206, eff. 1-1-10; revised 10-4-17.)
(305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
Sec. 12-5. Appropriations; uses; federal grants; report to

General Assembly. From the sums appropriated by the General
Assembly, the Illinois Department shall order for payment by
warrant from the State Treasury grants for public aid under
Articles III, IV, and V, including grants for funeral and
burial expenses, and all costs of administration of the
Illinois Department and the County Departments relating
thereto. Moneys appropriated to the Illinois Department for
public aid under Article VI may be used, with the consent of
the Governor, to co-operate with federal, State, and local
agencies in the development of work projects designed to
provide suitable employment for persons receiving public aid
under Article VI. The Illinois Department, with the consent of
the Governor, may be the agent of the State for the receipt and
disbursement of federal funds or commodities for public aid
purposes under Article VI and for related purposes in which the
co-operation of the Illinois Department is sought by the
federal government, and, in connection therewith, may make
necessary expenditures from moneys appropriated for public aid
under any Article of this Code and for administration. The
Illinois Department, with the consent of the Governor, may be
the agent of the State for the receipt and disbursement of
federal funds pursuant to the Immigration Reform and Control
Act of 1986 and may make necessary expenditures from monies
appropriated to it for operations, administration, and grants,
including payment to the Health Insurance Reserve Fund for
group insurance costs at the rate certified by the Department

of Central Management Services. All amounts received by the
Illinois Department pursuant to the Immigration Reform and
Control Act of 1986 shall be deposited in the Immigration
Reform and Control Fund. All amounts received into the
Immigration Reform and Control Fund as reimbursement for
expenditures from the General Revenue Fund shall be transferred
to the General Revenue Fund.
All grants received by the Illinois Department for programs
funded by the Federal Social Services Block Grant shall be
deposited in the Social Services Block Grant Fund. All funds
received into the Social Services Block Grant Fund as
reimbursement for expenditures from the General Revenue Fund
shall be transferred to the General Revenue Fund. All funds
received into the Social Services Block Grant fund for
reimbursement for expenditure out of the Local Initiative Fund
shall be transferred into the Local Initiative Fund. Any other
federal funds received into the Social Services Block Grant
Fund shall be transferred to the DHS Special Purposes Trust
Fund. All federal funds received by the Illinois Department as
reimbursement for Employment and Training Programs for
expenditures made by the Illinois Department from grants,
gifts, or legacies as provided in Section 12-4.18 or made by an
entity other than the Illinois Department and all federal funds
received from the Emergency Contingency Fund for State
Temporary Assistance for Needy Families Programs established
by the American Recovery and Reinvestment Act of 2009 shall be

deposited into the Employment and Training Fund.
Eighty percent of the federal financial participation
funds received by the Illinois Department under the Title IV-A
Emergency Assistance program as reimbursement for expenditures
made from the Illinois Department of Children and Family
Services appropriations for the costs of providing services in
behalf of Department of Children and Family Services clients
shall be deposited into the DCFS Children's Services Fund.
All federal funds, except those covered by the foregoing 3
paragraphs, received as reimbursement for expenditures from
the General Revenue Fund shall be deposited in the General
Revenue Fund for administrative and distributive expenditures
properly chargeable by federal law or regulation to aid
programs established under Articles III through XII and Titles
IV, XVI, XIX and XX of the Federal Social Security Act. Any
other federal funds received by the Illinois Department under
Sections 12-4.6, 12-4.18 and 12-4.19 that are required by
Section 12-10 of this Code to be paid into the DHS Special
Purposes Trust Fund shall be deposited into the DHS Special
Purposes Trust Fund. Any other federal funds received by the
Illinois Department pursuant to the Child Support Enforcement
Program established by Title IV-D of the Social Security Act
shall be deposited in the Child Support Enforcement Trust Fund
as required under Section 12-10.2 or in the Child Support
Administrative Fund as required under Section 12-10.2a of this
Code. Any other federal funds received by the Illinois

Department for expenditures made under Title XIX of the Social
Security Act and Articles V and VI of this Code that are
required by Section 15-2 of this Code to be paid into the
County Provider Trust Fund shall be deposited into the County
Provider Trust Fund. Any other federal funds received by the
Illinois Department for hospital inpatient, hospital
ambulatory care, and disproportionate share hospital
expenditures made under Title XIX of the Social Security Act
and Article V of this Code that are required by Section 5A-8 of
this Code to be paid into the Hospital Provider Fund shall be
deposited into the Hospital Provider Fund. Any other federal
funds received by the Illinois Department for medical
assistance program expenditures made under Title XIX of the
Social Security Act and Article V of this Code that are
required by Section 5B-8 of this Code to be paid into the
Long-Term Care Provider Fund shall be deposited into the
Long-Term Care Provider Fund. Any other federal funds received
by the Illinois Department for medical assistance program
expenditures made under Title XIX of the Social Security Act
and Article V of this Code that are required by Section 5C-7 of
this Code to be paid into the Care Provider Fund for Persons
with a Developmental Disability shall be deposited into the
Care Provider Fund for Persons with a Developmental Disability.
Any other federal funds received by the Illinois Department for
trauma center adjustment payments that are required by Section
5-5.03 of this Code and made under Title XIX of the Social

Security Act and Article V of this Code shall be deposited into
the Trauma Center Fund. Any other federal funds received by the
Illinois Department as reimbursement for expenses for early
intervention services paid from the Early Intervention
Services Revolving Fund shall be deposited into that Fund.
The Illinois Department shall report to the General
Assembly at the end of each fiscal quarter the amount of all
funds received and paid into the Social Services Block Grant
Fund and the Local Initiative Fund and the expenditures and
transfers of such funds for services, programs and other
purposes authorized by law. Such report shall be filed with the
Speaker, Minority Leader and Clerk of the House, with the
President, Minority Leader and Secretary of the Senate, with
the Chairmen of the House and Senate Appropriations Committees,
the House Human Resources Committee and the Senate Public
Health, Welfare and Corrections Committee, or the successor
standing Committees of each as provided by the rules of the
House and Senate, respectively, with the Legislative Research
Unit and with the State Government Report Distribution Center
for the General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act shall be deemed sufficient
to comply with this Section.
(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15;
99-933, Article 5, Section 5-130, eff. 1-27-17; 99-933, Article
15, Section 15-50, eff. 1-27-17; revised 2-15-17.)

Section 450. The Energy Assistance Act is amended by
changing Section 13 as follows:
(305 ILCS 20/13)
(Section scheduled to be repealed on January 1, 2025)
Sec. 13. Supplemental Low-Income Energy Assistance Fund.
(a) The Supplemental Low-Income Energy Assistance Fund is
hereby created as a special fund in the State Treasury. The
Supplemental Low-Income Energy Assistance Fund is authorized
to receive moneys from voluntary donations from individuals,
foundations, corporations, and other sources, moneys received
pursuant to Section 17, and, by statutory deposit, the moneys
collected pursuant to this Section. The Fund is also authorized
to receive voluntary donations from individuals, foundations,
corporations, and other sources. Subject to appropriation, the
Department shall use moneys from the Supplemental Low-Income
Energy Assistance Fund for payments to electric or gas public
utilities, municipal electric or gas utilities, and electric
cooperatives on behalf of their customers who are participants
in the program authorized by Sections 4 and 18 of this Act, for
the provision of weatherization services and for
administration of the Supplemental Low-Income Energy
Assistance Fund. The yearly expenditures for weatherization
may not exceed 10% of the amount collected during the year
pursuant to this Section. The yearly administrative expenses of
the Supplemental Low-Income Energy Assistance Fund may not

exceed 10% of the amount collected during that year pursuant to
this Section, except when unspent funds from the Supplemental
Low-Income Energy Assistance Fund are reallocated from a
previous year; any unspent balance of the 10% administrative
allowance may be utilized for administrative expenses in the
year they are reallocated.
(b) Notwithstanding the provisions of Section 16-111 of the
Public Utilities Act but subject to subsection (k) of this
Section, each public utility, electric cooperative, as defined
in Section 3.4 of the Electric Supplier Act, and municipal
utility, as referenced in Section 3-105 of the Public Utilities
Act, that is engaged in the delivery of electricity or the
distribution of natural gas within the State of Illinois shall,
effective January 1, 1998, assess each of its customer accounts
a monthly Energy Assistance Charge for the Supplemental
Low-Income Energy Assistance Fund. The delivering public
utility, municipal electric or gas utility, or electric or gas
cooperative for a self-assessing purchaser remains subject to
the collection of the fee imposed by this Section. The monthly
charge shall be as follows:
(1) $0.48 per month on each account for residential
electric service;
(2) $0.48 per month on each account for residential gas
service;
(3) $4.80 per month on each account for non-residential
electric service which had less than 10 megawatts of peak

demand during the previous calendar year;
(4) $4.80 per month on each account for non-residential
gas service which had distributed to it less than 4,000,000
therms of gas during the previous calendar year;
(5) $360 per month on each account for non-residential
electric service which had 10 megawatts or greater of peak
demand during the previous calendar year; and
(6) $360 per month on each account for non-residential
gas service which had 4,000,000 or more therms of gas
distributed to it during the previous calendar year.
The incremental change to such charges imposed by this
amendatory Act of the 96th General Assembly shall not (i) be
used for any purpose other than to directly assist customers
and (ii) be applicable to utilities serving less than 100,000
customers in Illinois on January 1, 2009.
In addition, electric and gas utilities have committed, and
shall contribute, a one-time payment of $22 million to the
Fund, within 10 days after the effective date of the tariffs
established pursuant to Sections 16-111.8 and 19-145 of the
Public Utilities Act to be used for the Department's cost of
implementing the programs described in Section 18 of this
amendatory Act of the 96th General Assembly, the Arrearage
Reduction Program described in Section 18, and the programs
described in Section 8-105 of the Public Utilities Act. If a
utility elects not to file a rider within 90 days after the
effective date of this amendatory Act of the 96th General

Assembly, then the contribution from such utility shall be made
no later than February 1, 2010.
(c) For purposes of this Section:
(1) "residential electric service" means electric
utility service for household purposes delivered to a
dwelling of 2 or fewer units which is billed under a
residential rate, or electric utility service for
household purposes delivered to a dwelling unit or units
which is billed under a residential rate and is registered
by a separate meter for each dwelling unit;
(2) "residential gas service" means gas utility
service for household purposes distributed to a dwelling of
2 or fewer units which is billed under a residential rate,
or gas utility service for household purposes distributed
to a dwelling unit or units which is billed under a
residential rate and is registered by a separate meter for
each dwelling unit;
(3) "non-residential electric service" means electric
utility service which is not residential electric service;
and
(4) "non-residential gas service" means gas utility
service which is not residential gas service.
(d) Within 30 days after the effective date of this
amendatory Act of the 96th General Assembly, each public
utility engaged in the delivery of electricity or the
distribution of natural gas shall file with the Illinois

Commerce Commission tariffs incorporating the Energy
Assistance Charge in other charges stated in such tariffs,
which shall become effective no later than the beginning of the
first billing cycle following such filing.
(e) The Energy Assistance Charge assessed by electric and
gas public utilities shall be considered a charge for public
utility service.
(f) By the 20th day of the month following the month in
which the charges imposed by the Section were collected, each
public utility, municipal utility, and electric cooperative
shall remit to the Department of Revenue all moneys received as
payment of the Energy Assistance Charge on a return prescribed
and furnished by the Department of Revenue showing such
information as the Department of Revenue may reasonably
require; provided, however, that a utility offering an
Arrearage Reduction Program or Supplemental Arrearage
Reduction Program pursuant to Section 18 of this Act shall be
entitled to net those amounts necessary to fund and recover the
costs of such Programs as authorized by that Section that is no
more than the incremental change in such Energy Assistance
Charge authorized by Public Act 96-33. If a customer makes a
partial payment, a public utility, municipal utility, or
electric cooperative may elect either: (i) to apply such
partial payments first to amounts owed to the utility or
cooperative for its services and then to payment for the Energy
Assistance Charge or (ii) to apply such partial payments on a

pro-rata basis between amounts owed to the utility or
cooperative for its services and to payment for the Energy
Assistance Charge.
(g) The Department of Revenue shall deposit into the
Supplemental Low-Income Energy Assistance Fund all moneys
remitted to it in accordance with subsection (f) of this
Section; provided, however, that the amounts remitted by each
utility shall be used to provide assistance to that utility's
customers. The utilities shall coordinate with the Department
to establish an equitable and practical methodology for
implementing this subsection (g) beginning with the 2010
program year.
(h) On or before December 31, 2002, the Department shall
prepare a report for the General Assembly on the expenditure of
funds appropriated from the Low-Income Energy Assistance Block
Grant Fund for the program authorized under Section 4 of this
Act.
(i) The Department of Revenue may establish such rules as
it deems necessary to implement this Section.
(j) The Department of Commerce and Economic Opportunity may
establish such rules as it deems necessary to implement this
Section.
(k) The charges imposed by this Section shall only apply to
customers of municipal electric or gas utilities and electric
or gas cooperatives if the municipal electric or gas utility or
electric or gas cooperative makes an affirmative decision to

impose the charge. If a municipal electric or gas utility or an
electric cooperative makes an affirmative decision to impose
the charge provided by this Section, the municipal electric or
gas utility or electric cooperative shall inform the Department
of Revenue in writing of such decision when it begins to impose
the charge. If a municipal electric or gas utility or electric
or gas cooperative does not assess this charge, the Department
may not use funds from the Supplemental Low-Income Energy
Assistance Fund to provide benefits to its customers under the
program authorized by Section 4 of this Act.
In its use of federal funds under this Act, the Department
may not cause a disproportionate share of those federal funds
to benefit customers of systems which do not assess the charge
provided by this Section.
This Section is repealed on January 1, 2025 unless renewed
by action of the General Assembly.
(Source: P.A. 98-429, eff. 8-16-13; 99-457, eff. 1-1-16;
99-906, eff. 6-1-17; 99-933, eff. 1-27-17; revised 11-8-17.)
Section 455. The Urban Renewal Consolidation Act of 1961 is
amended by changing Section 19 as follows:
(315 ILCS 30/19) (from Ch. 67 1/2, par. 91.119)
Sec. 19. Prior to making a sale or conveyance of any part
of the real property within the area of a redevelopment project
pursuant to any of the foregoing Sections sections of this Act,

the Department shall prepare and approve a plan for the
development or redevelopment of the project area and shall
submit the same to the governing body of the municipality in
which the real property is situated for their approval. The
Department shall not make a sale or conveyance of any part of
the real property in the project area until such time as the
plan has been approved by the governing body of the
municipality in which the real property is situated; provided,
however, that any plan for the development or redevelopment of
a project area heretofore prepared and approved by a land
clearance commission pursuant to the "Blighted Areas
Redevelopment Act of 1947," approved July 2, 1947, as amended,
and heretofore approved by the State Housing Board and the
governing body of the municipality shall be sufficient to
authorize a sale pursuant to this Section. At the time of
making any such sale or conveyance, the purchaser shall agree
to reimburse any public utility as defined in the Public
Utilities Act "An Act concerning public utilities", approved
June 29, 1921, as amended, for the costs of relocation of the
facilities of such public utility made necessary by the plan
for the development or redevelopment of the project area,
except and excluding, however, any such costs to the extent
incurred for the relocation of such facilities located, prior
to the development or redevelopment, in a public way or public
property which retains its character as such thereafter.
(Source: Laws 1961, p. 3308; revised 10-4-17.)

Section 460. The Abused and Neglected Child Reporting Act
is amended by changing Sections 7.4 and 7.14 as follows:
(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
Sec. 7.4. (a) The Department shall be capable of receiving
reports of suspected child abuse or neglect 24 hours a day, 7
days a week. Whenever the Department receives a report alleging
that a child is a truant as defined in Section 26-2a of the The
School Code, as now or hereafter amended, the Department shall
notify the superintendent of the school district in which the
child resides and the appropriate superintendent of the
educational service region. The notification to the
appropriate officials by the Department shall not be considered
an allegation of abuse or neglect under this Act.
(a-5) The Department of Children and Family Services may
implement a "differential response program" in accordance with
criteria, standards, and procedures prescribed by rule. The
program may provide that, upon receiving a report, the
Department shall determine whether to conduct a family
assessment or an investigation as appropriate to prevent or
provide a remedy for child abuse or neglect.
For purposes of this subsection (a-5), "family assessment"
means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs
that is applied to a child maltreatment report that does not

allege substantial child endangerment. "Family assessment"
does not include a determination as to whether child
maltreatment occurred but does determine the need for services
to address the safety of family members and the risk of
subsequent maltreatment.
For purposes of this subsection (a-5), "investigation"
means fact-gathering related to the current safety of a child
and the risk of subsequent abuse or neglect that determines
whether a report of suspected child abuse or neglect should be
indicated or unfounded and whether child protective services
are needed.
Under the "differential response program" implemented
under this subsection (a-5), the Department:
(1) Shall conduct an investigation on reports
involving substantial child abuse or neglect.
(2) Shall begin an immediate investigation if, at any
time when it is using a family assessment response, it
determines that there is reason to believe that substantial
child abuse or neglect or a serious threat to the child's
safety exists.
(3) May conduct a family assessment for reports that do
not allege substantial child endangerment. In determining
that a family assessment is appropriate, the Department may
consider issues, including, but not limited to, child
safety, parental cooperation, and the need for an immediate
response.

(4) Shall promulgate criteria, standards, and
procedures that shall be applied in making this
determination, taking into consideration the Child
Endangerment Risk Assessment Protocol of the Department.
(5) May conduct a family assessment on a report that
was initially screened and assigned for an investigation.
In determining that a complete investigation is not
required, the Department must document the reason for
terminating the investigation and notify the local law
enforcement agency or the Department of State Police if the
local law enforcement agency or Department of State Police is
conducting a joint investigation.
Once it is determined that a "family assessment" will be
implemented, the case shall not be reported to the central
register of abuse and neglect reports.
During a family assessment, the Department shall collect
any available and relevant information to determine child
safety, risk of subsequent abuse or neglect, and family
strengths.
Information collected includes, but is not limited to, when
relevant: information with regard to the person reporting the
alleged abuse or neglect, including the nature of the
reporter's relationship to the child and to the alleged
offender, and the basis of the reporter's knowledge for the
report; the child allegedly being abused or neglected; the
alleged offender; the child's caretaker; and other collateral

sources having relevant information related to the alleged
abuse or neglect. Information relevant to the assessment must
be asked for, and may include:
(A) The child's sex and age, prior reports of abuse or
neglect, information relating to developmental
functioning, credibility of the child's statement, and
whether the information provided under this paragraph (A)
is consistent with other information collected during the
course of the assessment or investigation.
(B) The alleged offender's age, a record check for
prior reports of abuse or neglect, and criminal charges and
convictions. The alleged offender may submit supporting
documentation relevant to the assessment.
(C) Collateral source information regarding the
alleged abuse or neglect and care of the child. Collateral
information includes, when relevant: (i) a medical
examination of the child; (ii) prior medical records
relating to the alleged maltreatment or care of the child
maintained by any facility, clinic, or health care
professional, and an interview with the treating
professionals; and (iii) interviews with the child's
caretakers, including the child's parent, guardian, foster
parent, child care provider, teachers, counselors, family
members, relatives, and other persons who may have
knowledge regarding the alleged maltreatment and the care
of the child.

(D) Information on the existence of domestic abuse and
violence in the home of the child, and substance abuse.
Nothing in this subsection (a-5) precludes the Department
from collecting other relevant information necessary to
conduct the assessment or investigation. Nothing in this
subsection (a-5) shall be construed to allow the name or
identity of a reporter to be disclosed in violation of the
protections afforded under Section 7.19 of this Act.
After conducting the family assessment, the Department
shall determine whether services are needed to address the
safety of the child and other family members and the risk of
subsequent abuse or neglect.
Upon completion of the family assessment, if the Department
concludes that no services shall be offered, then the case
shall be closed. If the Department concludes that services
shall be offered, the Department shall develop a family
preservation plan and offer or refer services to the family.
At any time during a family assessment, if the Department
believes there is any reason to stop the assessment and conduct
an investigation based on the information discovered, the
Department shall do so.
The procedures available to the Department in conducting
investigations under this Act shall be followed as appropriate
during a family assessment.
If the Department implements a differential response
program authorized under this subsection (a-5), the Department

shall arrange for an independent evaluation of the program for
at least the first 3 years of implementation to determine
whether it is meeting the goals in accordance with Section 2 of
this Act.
The Department may adopt administrative rules necessary
for the execution of this Section, in accordance with Section 4
of the Children and Family Services Act.
The Department shall submit a report to the General
Assembly by January 15, 2018 on the implementation progress and
recommendations for additional needed legislative changes.
(b)(1) The following procedures shall be followed in the
investigation of all reports of suspected abuse or neglect of a
child, except as provided in subsection (c) of this Section.
(2) If, during a family assessment authorized by subsection
(a-5) or an investigation, it appears that the immediate safety
or well-being of a child is endangered, that the family may
flee or the child disappear, or that the facts otherwise so
warrant, the Child Protective Service Unit shall commence an
investigation immediately, regardless of the time of day or
night. All other investigations shall be commenced within 24
hours of receipt of the report. Upon receipt of a report, the
Child Protective Service Unit shall conduct a family assessment
authorized by subsection (a-5) or begin an initial
investigation and make an initial determination whether the
report is a good faith indication of alleged child abuse or
neglect.

(3) Based on an initial investigation, if the Unit
determines the report is a good faith indication of alleged
child abuse or neglect, then a formal investigation shall
commence and, pursuant to Section 7.12 of this Act, may or may
not result in an indicated report. The formal investigation
shall include: direct contact with the subject or subjects of
the report as soon as possible after the report is received; an
evaluation of the environment of the child named in the report
and any other children in the same environment; a determination
of the risk to such children if they continue to remain in the
existing environments, as well as a determination of the
nature, extent and cause of any condition enumerated in such
report; the name, age and condition of other children in the
environment; and an evaluation as to whether there would be an
immediate and urgent necessity to remove the child from the
environment if appropriate family preservation services were
provided. After seeing to the safety of the child or children,
the Department shall forthwith notify the subjects of the
report in writing, of the existence of the report and their
rights existing under this Act in regard to amendment or
expungement. To fulfill the requirements of this Section, the
Child Protective Service Unit shall have the capability of
providing or arranging for comprehensive emergency services to
children and families at all times of the day or night.
(4) If (i) at the conclusion of the Unit's initial
investigation of a report, the Unit determines the report to be

a good faith indication of alleged child abuse or neglect that
warrants a formal investigation by the Unit, the Department,
any law enforcement agency or any other responsible agency and
(ii) the person who is alleged to have caused the abuse or
neglect is employed or otherwise engaged in an activity
resulting in frequent contact with children and the alleged
abuse or neglect are in the course of such employment or
activity, then the Department shall, except in investigations
where the Director determines that such notification would be
detrimental to the Department's investigation, inform the
appropriate supervisor or administrator of that employment or
activity that the Unit has commenced a formal investigation
pursuant to this Act, which may or may not result in an
indicated report. The Department shall also notify the person
being investigated, unless the Director determines that such
notification would be detrimental to the Department's
investigation.
(c) In an investigation of a report of suspected abuse or
neglect of a child by a school employee at a school or on
school grounds, the Department shall make reasonable efforts to
follow the following procedures:
(1) Investigations involving teachers shall not, to
the extent possible, be conducted when the teacher is
scheduled to conduct classes. Investigations involving
other school employees shall be conducted so as to minimize
disruption of the school day. The school employee accused

of child abuse or neglect may have his superior, his
association or union representative and his attorney
present at any interview or meeting at which the teacher or
administrator is present. The accused school employee
shall be informed by a representative of the Department, at
any interview or meeting, of the accused school employee's
due process rights and of the steps in the investigation
process. These due process rights shall also include the
right of the school employee to present countervailing
evidence regarding the accusations. In an investigation in
which the alleged perpetrator of abuse or neglect is a
school employee, including, but not limited to, a school
teacher or administrator, and the recommendation is to
determine the report to be indicated, in addition to other
procedures as set forth and defined in Department rules and
procedures, the employee's due process rights shall also
include: (i) the right to a copy of the investigation
summary; (ii) the right to review the specific allegations
which gave rise to the investigation; and (iii) the right
to an administrator's teleconference which shall be
convened to provide the school employee with the
opportunity to present documentary evidence or other
information that supports his or her position and to
provide information before a final finding is entered.
(2) If a report of neglect or abuse of a child by a
teacher or administrator does not involve allegations of

sexual abuse or extreme physical abuse, the Child
Protective Service Unit shall make reasonable efforts to
conduct the initial investigation in coordination with the
employee's supervisor.
If the Unit determines that the report is a good faith
indication of potential child abuse or neglect, it shall
then commence a formal investigation under paragraph (3) of
subsection (b) of this Section.
(3) If a report of neglect or abuse of a child by a
teacher or administrator involves an allegation of sexual
abuse or extreme physical abuse, the Child Protective Unit
shall commence an investigation under paragraph (2) of
subsection (b) of this Section.
(c-5) In any instance in which a report is made or caused
to made by a school district employee involving the conduct of
a person employed by the school district, at the time the
report was made, as required under Section 4 of this Act, the
Child Protective Service Unit shall send a copy of its final
finding report to the general superintendent of that school
district.
(c-10) The Department may recommend that a school district
remove a school employee who is the subject of an investigation
from his or her employment position pending the outcome of the
investigation; however, all employment decisions regarding
school personnel shall be the sole responsibility of the school
district or employer. The Department may not require a school

district to remove a school employee from his or her employment
position or limit the school employee's duties pending the
outcome of an investigation.
(d) If the Department has contact with an employer, or with
a religious institution or religious official having
supervisory or hierarchical authority over a member of the
clergy accused of the abuse of a child, in the course of its
investigation, the Department shall notify the employer or the
religious institution or religious official, in writing, when a
report is unfounded so that any record of the investigation can
be expunged from the employee's or member of the clergy's
personnel or other records. The Department shall also notify
the employee or the member of the clergy, in writing, that
notification has been sent to the employer or to the
appropriate religious institution or religious official
informing the employer or religious institution or religious
official that the Department's investigation has resulted in an
unfounded report.
(e) Upon request by the Department, the Department of State
Police and law enforcement agencies are authorized to provide
criminal history record information as defined in the Illinois
Uniform Conviction Information Act and information maintained
in the adjudicatory and dispositional record system as defined
in Section 2605-355 of the Department of State Police Law (20
ILCS 2605/2605-355) to properly designated employees of the
Department of Children and Family Services if the Department

determines the information is necessary to perform its duties
under the Abused and Neglected Child Reporting Act, the Child
Care Act of 1969, and the Children and Family Services Act. The
request shall be in the form and manner required by the
Department of State Police. Any information obtained by the
Department of Children and Family Services under this Section
is confidential and may not be transmitted outside the
Department of Children and Family Services other than to a
court of competent jurisdiction or unless otherwise authorized
by law. Any employee of the Department of Children and Family
Services who transmits confidential information in violation
of this Section or causes the information to be transmitted in
violation of this Section is guilty of a Class A misdemeanor
unless the transmittal of the information is authorized by this
Section or otherwise authorized by law.
(f) For purposes of this Section, "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.
(Source: P.A. 100-68, eff. 1-1-18; 100-176, eff. 1-1-18;
100-191, eff. 1-1-18; revised 10-4-17.)
(325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
Sec. 7.14. All reports in the central register shall be
classified in one of three categories: "indicated",
"unfounded" or "undetermined", as the case may be. Prior to
classifying the report, the person making the classification

shall determine whether the child named in the report is the
subject of an action under Article V of the Juvenile Court Act
of 1987 who is in the custody or guardianship of the Department
or who has an open intact family services case with the
Department or is the subject of an action under Article II of
the Juvenile Court Act of 1987. If the child is either is the
subject of an action under Article V of the Juvenile Court Act
of 1987 and is in the custody or guardianship of the Department
or has an open intact family services case with the Department
or is the subject of an action under Article II of the Juvenile
Court Act of 1987 and the Department intends to classify the
report as indicated, the Department shall, within 45 days of
classification of the report, transmit a copy of the report to
the attorney or guardian ad litem appointed for the child under
Section 2-17 of the Juvenile Court Act of 1987 or to a guardian
ad litem appointed under Section 5-610 of the Juvenile Court
Act of 1987. If the child is either is the subject of an action
under Article V of the Juvenile Court Act of 1987 and is in the
custody or guardianship of the Department or has an open intact
family services case with the Department or is the subject of
an action under Article II of the Juvenile Court Act of 1987
and the Department intends to classify the report as unfounded,
the Department shall, within 45 days of deciding its intent to
classify the report as unfounded, transmit a copy of the report
and written notice of the Department's intent to the attorney
or guardian ad litem appointed for the child under Section 2-17

of the Juvenile Court Act of 1987, or to a guardian ad litem
appointed under Section 5-610 of the Juvenile Court Act of
1987. The Department's obligation under this Section to provide
reports to a guardian ad litem appointed under Section 5-610 of
the Juvenile Court Act of 1987 for a minor with an open intact
family services case applies only if the guardian ad litem
notified the Department in writing of the representation. All
information identifying the subjects of an unfounded report
shall be expunged from the register forthwith, except as
provided in Section 7.7. Unfounded reports may only be made
available to the Child Protective Service Unit when
investigating a subsequent report of suspected abuse or
maltreatment involving a child named in the unfounded report;
and to the subject of the report, provided the Department has
not expunged the file in accordance with Section 7.7. The Child
Protective Service Unit shall not indicate the subsequent
report solely based upon the existence of the prior unfounded
report or reports. Notwithstanding any other provision of law
to the contrary, an unfounded report shall not be admissible in
any judicial or administrative proceeding or action except for
proceedings under Sections 2-10 and 2-21 of the Juvenile Court
Act of 1987 involving a petition filed under Section 2-13 of
the Juvenile Court Act of 1987 alleging abuse or neglect to the
same child, a sibling of the child, or the same perpetrator.
Identifying information on all other records shall be removed
from the register no later than 5 years after the report is

indicated. However, if another report is received involving the
same child, his sibling or offspring, or a child in the care of
the persons responsible for the child's welfare, or involving
the same alleged offender, the identifying information may be
maintained in the register until 5 years after the subsequent
case or report is closed.
Notwithstanding any other provision of this Section,
identifying information in indicated reports involving serious
physical injury to a child as defined by the Department in
rules, may be retained longer than 5 years after the report is
indicated or after the subsequent case or report is closed, and
may not be removed from the register except as provided by the
Department in rules. Identifying information in indicated
reports involving sexual penetration of a child, sexual
molestation of a child, sexual exploitation of a child, torture
of a child, or the death of a child, as defined by the
Department in rules, shall be retained for a period of not less
than 50 years after the report is indicated or after the
subsequent case or report is closed.
For purposes of this Section, "child" includes an adult
resident as defined in this Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-349, eff. 1-1-16;
100-158, eff. 1-1-18; revised 10-4-17.)
Section 465. The Advisory Council on Early Identification
and Treatment of Mental Health Conditions Act is amended by

changing Sections 5 and 10 as follows:
(405 ILCS 115/5)
Sec. 5. Findings. The General Assembly finds that:
(1) the medical science is clear that mental health
treatment works to improve mental health conditions and
manage symptoms but it can take, on average, 10 years for a
child or young adult with a significant condition to
receive the right diagnosis and treatment from the time the
first symptoms began, and nearly two-thirds of children and
adults never get treatment;
(2) long treatment lags can lead to debilitating
conditions and permanent disability;
(3) suicide, often due to untreated depression, is the
second leading cause of death in this State for children
and young adults ranging in age from 10 to 34;
(4) between 40% to 50% of heroin and other drug
addiction begins to self-medicate an underlying, untreated
mental health condition;
(5) important State reforms on improving access to
mental health and substance use treatment are underway and
others are pending, but more needs to be done to address
this State's serious systemic challenges to early
identification and treatment of mental health conditions;
(6) the medical and mental health treatment
communities across this State are implementing many

evidence-based best practices on early screening,
identification and treatment of mental health conditions,
including co-located and integrated care, despite limited
resources and major access to care challenges across the
State; and
(7) establishing an Advisory Council on Early
Identification and Treatment of Mental Health Conditions
to:
(A) report and share information on evidence-based
best practices related to early identification and
treatment being implemented across this State and
other states;
(B) assist in advancing all providers to move
toward implementation of evidence-based best
practices, irrespective of payer such as Medicaid or
private insurance; ,
(C) identify the barriers to statewide
implementation of early identification and treatment
across all providers; and
(D) reduce the stigma of mental health conditions
by treating them like any other medical condition;
will outline the path to enabling thousands of children,
youth, and young adults in this State living with mental
health conditions, including those related to trauma, to
get the early diagnosis and treatment they need to
effectively manage their condition and avoid potentially

life-long debilitating symptoms.
(Source: P.A. 100-184, eff. 1-1-18; revised 9-28-17.)
(405 ILCS 115/10)
Sec. 10. Advisory Council on Early Identification and
Treatment of Mental Health Conditions.
(a) There is created the Advisory Council on Early
Identification and Treatment of Mental Health Conditions
within the Department of Human Services. The Department of
Human Services shall provide administrative support for the
Advisory Council. The report, recommendations, and action plan
required by this Section shall reflect the consensus of a
majority of the Council.
(b) The Advisory Council shall:
(1) review and identify evidence-based best practice
models and promising practices supported by peer-reviewed
literature being implemented in this State and other states
on regular screening and early identification of mental
health and substance use conditions in children and young
adults, including depression, bipolar bi-polar disorder,
schizophrenia, and other similar conditions, beginning at
the age endorsed by the American Academy of Pediatrics,
through young adulthood, irrespective of coverage by
public or private health insurance, resulting in early
treatment;
(2) identify evidence-based mental health prevention

and promotion initiatives;
(3) identify strategies to enable additional medical
providers and community-based providers to implement
evidence-based best practices on regular screening, and
early identification and treatment of mental health
conditions;
(4) identify barriers to the success of early
screening, identification and treatment of mental health
conditions across this State, including but not limited to,
treatment access challenges, specific mental health
workforce issues, regional challenges, training and
knowledge-base needs of providers, provider infrastructure
needs, reimbursement and payment issues, and public and
private insurance coverage issues;
(5) based on the findings in paragraphs (1) through (4)
of this subsection (b), develop a set of recommendations
and an action plan to address the barriers to early and
regular screening and identification of mental health
conditions in children, adolescents and young adults in
this State; and
(6) complete and deliver the recommendations and
action plan required by paragraph (5) of this subsection
(b) to the Governor and the General Assembly within one
year of the first meeting of the Advisory Council. ; and
Upon (7) upon completion and delivery of the
recommendations and action plan to the Governor and General

Assembly, the Advisory Council shall be dissolved.
(c) The Advisory Council shall be composed of no more than
27 members and 3 ex officio members, including:
(1) Two members of the House of Representatives, one
appointed by the Speaker of the House of Representatives
and one appointed by the Minority Leader of the House of
Representatives.
(2) Two members of the Senate, one appointed by the
President of the Senate and one appointed by the Minority
Leader of the Senate.
(3) One representative of the Office of the Governor
appointed by the Governor.
(4) Twenty-two members of the public as follows;
however, provider representatives selected shall include a
balance of those delivering care to persons with private
health insurance and those serving underserved
populations:
(A) Four pediatricians recommended by a statewide
organization that represents pediatricians, one from
the Chicago area, one from suburban Chicago, one from
central Illinois, and one from downstate Illinois,
appointed by the Speaker of the House of
Representatives.
(B) Four family primary care physicians
recommended by a statewide organization that
represents family physicians, one from the Chicago

area, one from suburban Chicago, one from central
Illinois, and one from downstate Illinois, appointed
by the President of the Senate.
(C) Two advanced practice registered nurses
recommended by a statewide organization that
represents advanced practice registered nurses, one
from Chicago and one from central or downstate
Illinois, appointed by the Speaker of the House of
Representatives.
(D) Two psychiatrists, including one child
psychiatrist, recommended by a statewide organization
that represents psychiatrists, one from the Chicago
metropolitan region and one from central or downstate
Illinois, appointed by the President of the Senate.
(E) Two psychologists, including one child
psychologist, recommended by a statewide organization
that represents psychologists, one from the Chicago
metropolitan region and one from central or downstate
Illinois, appointed by the Speaker of the House of
Representatives.
(F) One representative from an organization that
advocates for families and youth with mental health
conditions who is a parent with a child living with a
mental health condition, appointed by the President of
the Senate.
(G) Two community mental health service providers

recommended by a statewide organization that
represents community mental health providers, one from
the Chicago metropolitan region and one from central
Illinois or downstate Illinois, appointed by the
Speaker of the House of Representatives.
(H) Two substance use treatment providers
recommended by a statewide organization that
represents substance use treatment providers, one from
the Chicago metropolitan region, one from central or
downstate Illinois, appointed by the President of the
Senate.
(I) One representative from an organization that
advocates for families and youth with mental health
conditions who is an individual with lived experience
of a mental health condition, appointed by the
President of the Senate.
(J) Two representatives from private insurance
companies, one appointed by the Speaker of the House of
Representatives and one appointed by the President of
the Senate.
(K) The following 3 officials shall serve as ex
officio members:
(i) the Director of Public Health, or his or
her designee;
(ii) the Director of Healthcare and Family
Services, or his or her designee; and

(iii) the Director of the Division of Mental
Health within the Department of Human Services, or
his or her designee.
(d) Members shall serve without compensation and are
responsible for the cost of all reasonable and necessary travel
expenses connected to Advisory Council business. Advisory
Council members shall not be reimbursed by the State for these
costs. Advisory Council members shall be appointed within 60
days after January 1, 2018 (the effective date of this Act).
The Advisory Council shall hold its initial meeting within 60
days after at least 50% of the members have been appointed. One
representative from the pediatricians or primary care
physicians and one representative from the mental health
treatment community shall be the co-chairs of the Advisory
Council. At the first meeting of the Advisory Council, the
members shall select a 7-person 7 person Steering Committee
that includes include the co-chairs. The Advisory Council may
establish committees that address specific issues or
populations and may appoint persons with relevant expertise who
are not appointed members of the Advisory Council to serve on
the committees as needed.
(Source: P.A. 100-184, eff. 1-1-18; revised 1-22-18.)
Section 470. The Crematory Regulation Act is amended by
changing Section 5 as follows:

(410 ILCS 18/5)
(Text of Section before amendment by P.A. 100-526)
(Section scheduled to be repealed on January 1, 2021)
Sec. 5. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Comptroller in the applicant's or licensee's application
file or license file. It is the duty of the applicant or
licensee to inform the Comptroller of any change of address
within 14 days, and such changes must be made either through
the Comptroller's website or by contacting the Comptroller. The
address of record shall be the permanent street address of the
crematory.
"Alternative container" means a receptacle, other than a
casket, in which human remains are transported to the crematory
and placed in the cremation chamber for cremation. An
alternative container shall be (i) composed of readily
combustible or consumable materials suitable for cremation,
(ii) able to be closed in order to provide a complete covering
for the human remains, (iii) resistant to leakage or spillage,
(iv) rigid enough for handling with ease, and (v) able to
provide protection for the health, safety, and personal
integrity of crematory personnel.
"Authorizing agent" means a person legally entitled to
order the cremation and final disposition of specific human
remains.
"Body parts" means limbs or other portions of the anatomy

that are removed from a person or human remains for medical
purposes during treatment, surgery, biopsy, autopsy, or
medical research; or human bodies or any portion of bodies that
have been donated to science for medical research purposes.
"Burial transit permit" means a permit for disposition of a
dead human body as required by Illinois law.
"Casket" means a rigid container that is designed for the
encasement of human remains, is usually constructed of wood,
metal, or like material and ornamented and lined with fabric,
and may or may not be combustible.
"Comptroller" means the Comptroller of the State of
Illinois.
"Cremated remains" means all human remains recovered after
the completion of the cremation, which may possibly include the
residue of any foreign matter including casket material,
bridgework, or eyeglasses, that was cremated with the human
remains.
"Cremation" means the technical process, using heat and
flame, or alkaline hydrolysis that reduces human remains to
bone fragments. The reduction takes place through heat and
evaporation or through hydrolysis. Cremation shall include the
processing, and may include the pulverization, of the bone
fragments.
"Cremation chamber" means the enclosed space within which
the cremation takes place.
"Cremation interment container" means a rigid outer

container that, subject to a cemetery's rules and regulations,
is composed of concrete, steel, fiberglass, or some similar
material in which an urn is placed prior to being interred in
the ground, and which is designed to withstand prolonged
exposure to the elements and to support the earth above the
urn.
"Cremation room" means the room in which the cremation
chamber is located.
"Crematory" means the building or portion of a building
that houses the cremation room and the holding facility.
"Crematory authority" means the legal entity which is
licensed by the Comptroller to operate a crematory and to
perform cremations.
"Final disposition" means the burial, cremation, or other
disposition of a dead human body or parts of a dead human body.
"Funeral director" means a person known by the title of
"funeral director", "funeral director and embalmer", or other
similar words or titles, licensed by the State to practice
funeral directing or funeral directing and embalming.
"Funeral establishment" means a building or separate
portion of a building having a specific street address and
location and devoted to activities relating to the shelter,
care, custody, and preparation of a deceased human body and may
contain facilities for funeral or wake services.
"Holding facility" means an area that (i) is designated for
the retention of human remains prior to cremation, (ii)

complies with all applicable public health law, (iii) preserves
the health and safety of the crematory authority personnel, and
(iv) is secure from access by anyone other than authorized
persons. A holding facility may be located in a cremation room.
"Human remains" means the body of a deceased person,
including any form of body prosthesis that has been permanently
attached or implanted in the body.
"Licensee" means an entity licensed under this Act. An
entity that holds itself as a licensee or that is accused of
unlicensed practice is considered a licensee for purposes of
enforcement, investigation, hearings, and the Illinois
Administrative Procedure Act.
"Niche" means a compartment or cubicle for the
memorialization and permanent placement of an urn containing
cremated remains.
"Person" means any person, partnership, association,
corporation, limited liability company, or other entity, and in
the case of any such business organization, its officers,
partners, members, or shareholders possessing 25% or more of
ownership of the entity.
"Processing" means the reduction of identifiable bone
fragments after the completion of the cremation process to
unidentifiable bone fragments by manual or mechanical means.
"Pulverization" means the reduction of identifiable bone
fragments after the completion of the cremation process to
granulated particles by manual or mechanical means.

"Scattering area" means an area which may be designated by
a cemetery and located on dedicated cemetery property or
property used for outdoor recreation or natural resource
conservation owned by the Department of Natural Resources and
designated as a scattering area, where cremated remains, which
have been removed from their container, can be mixed with, or
placed on top of, the soil or ground cover.
"Temporary container" means a receptacle for cremated
remains, usually composed of cardboard, plastic or similar
material, that can be closed in a manner that prevents the
leakage or spillage of the cremated remains or the entrance of
foreign material, and is a single container of sufficient size
to hold the cremated remains until an urn is acquired or the
cremated remains are scattered.
"Urn" means a receptacle designed to encase the cremated
remains.
(Source: P.A. 100-97, eff. 1-1-18.)
(Text of Section after amendment by P.A. 100-526)
(Section scheduled to be repealed on January 1, 2021)
Sec. 5. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Comptroller in the applicant's or licensee's application
file or license file. It is the duty of the applicant or
licensee to inform the Comptroller of any change of address
within 14 days, and such changes must be made either through

the Comptroller's website or by contacting the Comptroller. The
address of record shall be the permanent street address of the
crematory.
"Alternative container" means a receptacle, other than a
casket, in which human remains are transported to the crematory
and placed in the cremation chamber for cremation. An
alternative container shall be (i) composed of readily
combustible or consumable materials suitable for cremation,
(ii) able to be closed in order to provide a complete covering
for the human remains, (iii) resistant to leakage or spillage,
(iv) rigid enough for handling with ease, and (v) able to
provide protection for the health, safety, and personal
integrity of crematory personnel.
"Authorizing agent" means a person legally entitled to
order the cremation and final disposition of specific human
remains. "Authorizing agent" includes an institution of
medical, mortuary, or other sciences as provided in Section 20
of the Disposition of Remains of the Indigent Act.
"Body parts" means limbs or other portions of the anatomy
that are removed from a person or human remains for medical
purposes during treatment, surgery, biopsy, autopsy, or
medical research; or human bodies or any portion of bodies that
have been donated to science for medical research purposes.
"Burial transit permit" means a permit for disposition of a
dead human body as required by Illinois law.
"Casket" means a rigid container that is designed for the

encasement of human remains, is usually constructed of wood,
metal, or like material and ornamented and lined with fabric,
and may or may not be combustible.
"Comptroller" means the Comptroller of the State of
Illinois.
"Cremated remains" means all human remains recovered after
the completion of the cremation, which may possibly include the
residue of any foreign matter including casket material,
bridgework, or eyeglasses, that was cremated with the human
remains.
"Cremation" means the technical process, using heat and
flame, or alkaline hydrolysis that reduces human remains to
bone fragments. The reduction takes place through heat and
evaporation or through hydrolysis. Cremation shall include the
processing, and may include the pulverization, of the bone
fragments.
"Cremation chamber" means the enclosed space within which
the cremation takes place.
"Cremation interment container" means a rigid outer
container that, subject to a cemetery's rules and regulations,
is composed of concrete, steel, fiberglass, or some similar
material in which an urn is placed prior to being interred in
the ground, and which is designed to withstand prolonged
exposure to the elements and to support the earth above the
urn.
"Cremation room" means the room in which the cremation

chamber is located.
"Crematory" means the building or portion of a building
that houses the cremation room and the holding facility.
"Crematory authority" means the legal entity which is
licensed by the Comptroller to operate a crematory and to
perform cremations.
"Final disposition" means the burial, cremation, or other
disposition of a dead human body or parts of a dead human body.
"Funeral director" means a person known by the title of
"funeral director", "funeral director and embalmer", or other
similar words or titles, licensed by the State to practice
funeral directing or funeral directing and embalming.
"Funeral establishment" means a building or separate
portion of a building having a specific street address and
location and devoted to activities relating to the shelter,
care, custody, and preparation of a deceased human body and may
contain facilities for funeral or wake services.
"Holding facility" means an area that (i) is designated for
the retention of human remains prior to cremation, (ii)
complies with all applicable public health law, (iii) preserves
the health and safety of the crematory authority personnel, and
(iv) is secure from access by anyone other than authorized
persons. A holding facility may be located in a cremation room.
"Human remains" means the body of a deceased person,
including any form of body prosthesis that has been permanently
attached or implanted in the body.

"Licensee" means an entity licensed under this Act. An
entity that holds itself as a licensee or that is accused of
unlicensed practice is considered a licensee for purposes of
enforcement, investigation, hearings, and the Illinois
Administrative Procedure Act.
"Niche" means a compartment or cubicle for the
memorialization and permanent placement of an urn containing
cremated remains.
"Person" means any person, partnership, association,
corporation, limited liability company, or other entity, and in
the case of any such business organization, its officers,
partners, members, or shareholders possessing 25% or more of
ownership of the entity.
"Processing" means the reduction of identifiable bone
fragments after the completion of the cremation process to
unidentifiable bone fragments by manual or mechanical means.
"Pulverization" means the reduction of identifiable bone
fragments after the completion of the cremation process to
granulated particles by manual or mechanical means.
"Scattering area" means an area which may be designated by
a cemetery and located on dedicated cemetery property or
property used for outdoor recreation or natural resource
conservation owned by the Department of Natural Resources and
designated as a scattering area, where cremated remains, which
have been removed from their container, can be mixed with, or
placed on top of, the soil or ground cover.

"Temporary container" means a receptacle for cremated
remains, usually composed of cardboard, plastic or similar
material, that can be closed in a manner that prevents the
leakage or spillage of the cremated remains or the entrance of
foreign material, and is a single container of sufficient size
to hold the cremated remains until an urn is acquired or the
cremated remains are scattered.
"Urn" means a receptacle designed to encase the cremated
remains.
(Source: P.A. 100-97, eff. 1-1-18; 100-526, eff. 6-1-18;
revised 9-29-17.)
Section 475. The Tattoo and Body Piercing Establishment
Registration Act is amended by changing Section 10 as follows:
(410 ILCS 54/10)
Sec. 10. Definitions. In this Act:
"Aseptic technique" means a practice that prevents and
hinders the transmission of disease-producing microorganisms
from one person or place to another.
"Body piercing" means penetrating the skin to make a hole,
mark, or scar that is generally permanent in nature. "Body
piercing" does not include practices that are considered
medical procedures or the puncturing of the outer perimeter or
lobe of the ear using a pre-sterilized, single-use stud and
clasp ear piercing system.

"Client" means the person, customer, or patron whose skin
will be tattooed or pierced.
"Communicable disease" means a disease that can be
transmitted from person to person directly or indirectly,
including diseases transmitted via blood or body fluids.
"Department" means the Department of Public Health or other
health authority designated as its agent.
"Director" means the Director of Public Health or his or
her designee.
"Establishment" means a body-piercing operation, a
tattooing operation, or a combination of both operations in a
multiple-type establishment.
"Ink cup" means a small container for an individual portion
of pigment that may be installed in a holder or palette and in
which a small amount of pigment of a given color is placed.
"Multi-type establishment" means an operation encompassing
both body piercing and tattooing on the same premises and under
the same management.
"Person" means any individual, group of individuals,
association, trust, partnership, corporation, or limited
liability company.
"Procedure area" means the immediate area where
instruments and supplies are placed during a procedure.
"Operator" means an individual, partnership, corporation,
association, or other entity engaged in the business of owning,
managing, or offering services of body piercing or tattooing.

"Sanitation" means the effective bactericidal and
veridical treatment of clean equipment surfaces by a process
that effectively destroys pathogens.
"Single use" means items that are intended for one time and
one person use only and are to then be discarded.
"Sterilize" means to destroy all living organisms
including spores.
"Tattooing" means making permanent marks on the skin of a
live human being by puncturing the skin and inserting indelible
colors. "Tattooing" includes imparting permanent makeup on the
skin, such as permanent lip coloring and permanent eyeliner.
"Tattooing" does not include any of the following:
(1) The practice of electrology as defined in the
Electrologist Electrology Licensing Act.
(2) The practice of acupuncture as defined in the
Acupuncture Practice Licensing Act.
(3) The use, by a physician licensed to practice
medicine in all its branches, of colors, dyes, or pigments
for the purpose of obscuring scar tissue or imparting color
to the skin for cosmetic, medical, or figurative purposes.
(Source: P.A. 99-117, eff. 1-1-16; revised 9-29-17.)
Section 480. The Public Health Standing Orders Act is
amended by changing Section 5 as follows:
(410 ILCS 125/5)

Sec. 5. Definitions. In this Act:
"Health care personnel" means persons working within the
scope of their licensure or training and experience with a
public health clinic who provide medical services, including
volunteers and staff not employed by the public health clinic.
"Public health clinic" has the same meaning as provided in
subsection (c) of Section 6-101 of the Local Governmental and
Governmental Employees Tort Immunity Immunities Act.
"Public health standing orders physician" has the same
meaning as provided in subsection (d) of Section 6-101 of the
Local Governmental and Governmental Employees Tort Immunity
Immunities Act.
(Source: P.A. 97-589, eff. 1-1-12; revised 11-8-17.)
Section 485. The Compassionate Use of Medical Cannabis
Pilot Program Act is amended by changing Section 160 as
follows:
(410 ILCS 130/160)
(Section scheduled to be repealed on July 1, 2020)
Sec. 160. Annual reports. (a) The Department of Public
Health shall submit to the General Assembly a report, by
September 30 of each year, that does not disclose any
identifying information about registered qualifying patients,
registered caregivers, or physicians, but does contain, at a
minimum, all of the following information based on the fiscal

year for reporting purposes:
(1) the number of applications and renewals filed for
registry identification cards or registrations;
(2) the number of qualifying patients and designated
caregivers served by each dispensary during the report
year;
(3) the nature of the debilitating medical conditions
of the qualifying patients;
(4) the number of registry identification cards or
registrations revoked for misconduct;
(5) the number of physicians providing written
certifications for qualifying patients; and
(6) the number of registered medical cannabis
cultivation centers or registered dispensing
organizations.
(Source: P.A. 98-122, eff. 1-1-14; revised 11-8-17.)
Section 490. The Consent by Minors to Health Care Services
Act is amended by changing Sections 1, 1.5, 2, 3, and 5 as
follows:
(410 ILCS 210/1) (from Ch. 111, par. 4501)
Sec. 1. Consent by minor. The consent to the performance of
a health care service by a physician licensed to practice
medicine in all its branches, a chiropractic physician, a
licensed optometrist, a licensed advanced practice registered

nurse, or a licensed physician assistant executed by a married
person who is a minor, by a parent who is a minor, by a pregnant
woman who is a minor, or by any person 18 years of age or older,
is not voidable because of such minority, and, for such
purpose, a married person who is a minor, a parent who is a
minor, a pregnant woman who is a minor, or any person 18 years
of age or older, is deemed to have the same legal capacity to
act and has the same powers and obligations as has a person of
legal age.
(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18;
100-513, eff. 1-1-18; revised 9-29-17.)
(410 ILCS 210/1.5)
Sec. 1.5. Consent by minor seeking care for limited primary
care services.
(a) The consent to the performance of primary care services
by a physician licensed to practice medicine in all its
branches, a licensed advanced practice registered nurse, a
licensed physician assistant, a chiropractic physician, or a
licensed optometrist executed by a minor seeking care is not
voidable because of such minority, and for such purpose, a
minor seeking care is deemed to have the same legal capacity to
act and has the same powers and obligations as has a person of
legal age under the following circumstances:
(1) the health care professional reasonably believes
that the minor seeking care understands the benefits and

risks of any proposed primary care or services; and
(2) the minor seeking care is identified in writing as
a minor seeking care by:
(A) an adult relative;
(B) a representative of a homeless service agency
that receives federal, State, county, or municipal
funding to provide those services or that is otherwise
sanctioned by a local continuum of care;
(C) an attorney licensed to practice law in this
State;
(D) a public school homeless liaison or school
social worker;
(E) a social service agency providing services to
at risk, homeless, or runaway youth; or
(F) a representative of a religious organization.
(b) A health care professional rendering primary care
services under this Section shall not incur civil or criminal
liability for failure to obtain valid consent or professional
discipline for failure to obtain valid consent if he or she
relied in good faith on the representations made by the minor
or the information provided under paragraph (2) of subsection
(a) of this Section. Under such circumstances, good faith shall
be presumed.
(c) The confidential nature of any communication between a
health care professional described in Section 1 of this Act and
a minor seeking care is not waived (1) by the presence, at the

time of communication, of any additional persons present at the
request of the minor seeking care, (2) by the health care
professional's disclosure of confidential information to the
additional person with the consent of the minor seeking care,
when reasonably necessary to accomplish the purpose for which
the additional person is consulted, or (3) by the health care
professional billing a health benefit insurance or plan under
which the minor seeking care is insured, is enrolled, or has
coverage for the services provided.
(d) Nothing in this Section shall be construed to limit or
expand a minor's existing powers and obligations under any
federal, State, or local law. Nothing in this Section shall be
construed to affect the Parental Notice of Abortion Act of
1995. Nothing in this Section affects the right or authority of
a parent or legal guardian to verbally, in writing, or
otherwise authorize health care services to be provided for a
minor in their absence.
(e) For the purposes of this Section:
"Minor seeking care" means a person at least 14 years of
age but less than 18 years of age who is living separate and
apart from his or her parents or legal guardian, whether with
or without the consent of a parent or legal guardian who is
unable or unwilling to return to the residence of a parent, and
managing his or her own personal affairs. "Minor seeking care"
does not include minors who are under the protective custody,
temporary custody, or guardianship of the Department of

Children and Family Services.
"Primary care services" means health care services that
include screening, counseling, immunizations, medication, and
treatment of illness and conditions customarily provided by
licensed health care professionals in an out-patient setting,
eye care services, excluding advanced optometric procedures,
provided by optometrists, and services provided by
chiropractic physicians according to the scope of practice of
chiropractic physicians under the Medical Practice Act of 1987.
"Primary care services" does not include invasive care, beyond
standard injections, laceration care, or non-surgical fracture
care.
(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18;
100-513, eff. 1-1-18; revised 9-29-17.)
(410 ILCS 210/2) (from Ch. 111, par. 4502)
Sec. 2. Any parent, including a parent who is a minor, may
consent to the performance upon his or her child of a health
care service by a physician licensed to practice medicine in
all its branches, a chiropractic physician, a licensed
optometrist, a licensed advanced practice registered nurse, or
a licensed physician assistant or a dental procedure by a
licensed dentist. The consent of a parent who is a minor shall
not be voidable because of such minority, but, for such
purpose, a parent who is a minor shall be deemed to have the
same legal capacity to act and shall have the same powers and

obligations as has a person of legal age.
(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18;
100-513, eff. 1-1-18; revised 9-29-17.)
(410 ILCS 210/3) (from Ch. 111, par. 4503)
Sec. 3. (a) Where a hospital, a physician licensed to
practice medicine in all its branches, a chiropractic
physician, a licensed optometrist, a licensed advanced
practice registered nurse, or a licensed physician assistant
renders emergency treatment or first aid or a licensed dentist
renders emergency dental treatment to a minor, consent of the
minor's parent or legal guardian need not be obtained if, in
the sole opinion of the physician, chiropractic physician,
optometrist, advanced practice registered nurse, physician
assistant, dentist, or hospital, the obtaining of consent is
not reasonably feasible under the circumstances without
adversely affecting the condition of such minor's health.
(b) Where a minor is the victim of a predatory criminal
sexual assault of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated criminal sexual abuse or
criminal sexual abuse, as provided in Sections 11-1.20 through
11-1.60 of the Criminal Code of 2012, the consent of the
minor's parent or legal guardian need not be obtained to
authorize a hospital, physician, chiropractic physician,
optometrist, advanced practice registered nurse, physician
assistant, or other medical personnel to furnish health care

services or counseling related to the diagnosis or treatment of
any disease or injury arising from such offense. The minor may
consent to such counseling, diagnosis or treatment as if the
minor had reached his or her age of majority. Such consent
shall not be voidable, nor subject to later disaffirmance,
because of minority.
(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18;
100-513, eff. 1-1-18; revised 9-29-17.)
(410 ILCS 210/5) (from Ch. 111, par. 4505)
Sec. 5. Counseling; informing parent or guardian. Any
physician licensed to practice medicine in all its branches,
advanced practice registered nurse, or physician assistant,
who provides diagnosis or treatment or any licensed clinical
psychologist or professionally trained social worker with a
master's degree or any qualified person employed (i) by an
organization licensed or funded by the Department of Human
Services, (ii) by units of local government, or (iii) by
agencies or organizations operating drug abuse programs funded
or licensed by the Federal Government or the State of Illinois
or any qualified person employed by or associated with any
public or private alcoholism or drug abuse program licensed by
the State of Illinois who provides counseling to a minor
patient who has come into contact with any sexually transmitted
disease referred to in Section 4 of this Act may, but shall not
be obligated to, inform the parent, parents, or guardian of the

minor as to the treatment given or needed. Any person described
in this Section who provides counseling to a minor who abuses
drugs or alcohol or has a family member who abuses drugs or
alcohol shall not inform the parent, parents, guardian, or
other responsible adult of the minor's condition or treatment
without the minor's consent unless that action is, in the
person's judgment, necessary to protect the safety of the
minor, a family member, or another individual.
Any such person shall, upon the minor's consent, make
reasonable efforts to involve the family of the minor in his or
her treatment, if the person furnishing the treatment believes
that the involvement of the family will not be detrimental to
the progress and care of the minor. Reasonable effort shall be
extended to assist the minor in accepting the involvement of
his or her family in the care and treatment being given.
(Source: P.A. 100-378, eff. 1-1-18; 100-513, eff. 1-1-18;
revised 9-29-17.)
Section 495. The Perinatal HIV Prevention Act is amended by
changing Section 5 as follows:
(410 ILCS 335/5)
Sec. 5. Definitions. In this Act:
"Birth center" means a facility licensed by the Department
under paragraph (6) of Section 35 of the Alternative Health
Care Delivery Act.

"Department" means the Department of Public Health.
"Health care professional" means a physician licensed to
practice medicine in all its branches, a licensed physician
assistant, or a licensed advanced practice registered nurse.
"Health care facility" or "facility" means any hospital,
birth center, or other institution that is licensed or
otherwise authorized to deliver health care services.
"Health care services" means any prenatal medical care or
labor or delivery services to a pregnant woman and her newborn
infant, including hospitalization.
"Opt-out testing" means an approach in which an HIV test is
offered to the patient, such that the patient is notified that
HIV testing may occur unless the patient opts out by declining
the test.
"Third trimester" means the 27th week of pregnancy through
delivery.
(Source: P.A. 99-173, eff. 7-29-15; 100-265, eff. 8-22-17;
100-513, eff. 1-1-18; revised 9-29-17.)
Section 500. The Vital Records Act is amended by changing
Sections 1 and 24.6 as follows:
(410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
Sec. 1. As used in this Act, unless the context otherwise
requires:
(1) "Vital records" means records of births, deaths, fetal

deaths, marriages, dissolution of marriages, and data related
thereto.
(2) "System of vital records" includes the registration,
collection, preservation, amendment, and certification of
vital records, and activities related thereto.
(3) "Filing" means the presentation of a certificate,
report, or other record provided for in this Act, of a birth,
death, fetal death, adoption, marriage, or dissolution of
marriage, for registration by the Office of Vital Records.
(4) "Registration" means the acceptance by the Office of
Vital Records and the incorporation in its official records of
certificates, reports, or other records provided for in this
Act, of births, deaths, fetal deaths, adoptions, marriages, or
dissolution of marriages.
(5) "Live birth" means the complete expulsion or extraction
from its mother of a product of human conception, irrespective
of the duration of pregnancy, which after such separation
breathes or shows any other evidence of life such as beating of
the heart, pulsation of the umbilical cord, or definite
movement of voluntary muscles, whether or not the umbilical
cord has been cut or the placenta is attached.
(6) "Fetal death" means death prior to the complete
expulsion or extraction from its mother of a product of human
conception, irrespective of the duration of pregnancy; the
death is indicated by the fact that after such separation the
fetus does not breathe or show any other evidence of life such

as beating of the heart, pulsation of the umbilical cord, or
definite movement of voluntary muscles.
(7) "Dead body" means a lifeless human body or parts of
such body or bones thereof from the state of which it may
reasonably be concluded that death has occurred.
(8) "Final disposition" means the burial, cremation, or
other disposition of a dead human body or fetus or parts
thereof.
(9) "Physician" means a person licensed to practice
medicine in Illinois or any other state State.
(10) "Institution" means any establishment, public or
private, which provides in-patient medical, surgical, or
diagnostic care or treatment, or nursing, custodial, or
domiciliary care to 2 or more unrelated individuals, or to
which persons are committed by law.
(11) "Department" means the Department of Public Health of
the State of Illinois.
(12) "Director" means the Director of the Illinois
Department of Public Health.
(13) "Licensed health care professional" means a person
licensed to practice as a physician, advanced practice
registered nurse, or physician assistant in Illinois or any
other state.
(14) "Licensed mental health professional" means a person
who is licensed or registered to provide mental health services
by the Department of Financial and Professional Regulation or a

board of registration duly authorized to register or grant
licenses to persons engaged in the practice of providing mental
health services in Illinois or any other state.
(15) "Intersex condition" means a condition in which a
person is born with a reproductive or sexual anatomy or
chromosome pattern that does not fit typical definitions of
male or female.
(16) (13) "Homeless person" means an individual who meets
the definition of "homeless" under Section 103 of the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
individual residing in any of the living situations described
in 42 U.S.C. 11434a(2).
(Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18;
revised 9-29-17.)
(410 ILCS 535/24.6)
Sec. 24.6. Access to records; State Treasurer. Any
information contained in the vital records shall be made
available at no cost to the State Treasurer for administrative
purposes related to the Revised Uniform Disposition of
Unclaimed Property Act.
(Source: P.A. 100-543, eff. 1-1-18; revised 12-14-17.)
Section 505. The Environmental Protection Act is amended by
changing Sections 5, 22.15, 29, 41, 42, 44.1, 55, and 55.6 as
follows:

(415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
Sec. 5. Pollution Control Board.
(a) There is hereby created an independent board to be
known as the Pollution Control Board.
On and after August 11, 2003 (the effective date of Public
Act 93-509), the Board shall consist of 5 technically qualified
members, no more than 3 of whom may be of the same political
party, to be appointed by the Governor with the advice and
consent of the Senate. Members shall have verifiable technical,
academic, or actual experience in the field of pollution
control or environmental law and regulation.
One member shall be appointed for a term ending July 1,
2004, 2 shall be appointed for terms ending July 1, 2005, and 2
shall be appointed for terms ending July 1, 2006. Thereafter,
all members shall hold office for 3 years from the first day of
July in the year in which they were appointed, except in case
of an appointment to fill a vacancy. In case of a vacancy in
the office when the Senate is not in session, the Governor may
make a temporary appointment until the next meeting of the
Senate, when he or she shall nominate some person to fill such
office; and any person so nominated, who is confirmed by the
Senate, shall hold the office during the remainder of the term.
Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from office, such resignation to take effect

when a successor has been appointed and has qualified.
Board members shall be paid $37,000 per year or an amount
set by the Compensation Review Board, whichever is greater, and
the Chairman shall be paid $43,000 per year or an amount set by
the Compensation Review Board, whichever is greater. Each
member shall devote his or her entire time to the duties of the
office, and shall hold no other office or position of profit,
nor engage in any other business, employment, or vocation. Each
member shall be reimbursed for expenses necessarily incurred
and shall make a financial disclosure upon appointment.
The Board may employ one assistant for each member and 2
assistants for the Chairman. The Board also may employ and
compensate hearing officers to preside at hearings under this
Act, and such other personnel as may be necessary. Hearing
officers shall be attorneys licensed to practice law in
Illinois.
The Board may have an Executive Director; if so, the
Executive Director shall be appointed by the Governor with the
advice and consent of the Senate. The salary and duties of the
Executive Director shall be fixed by the Board.
The Governor shall designate one Board member to be
Chairman, who shall serve at the pleasure of the Governor.
The Board shall hold at least one meeting each month and
such additional meetings as may be prescribed by Board rules.
In addition, special meetings may be called by the Chairman or
by any 2 Board members, upon delivery of 48 hours written

notice to the office of each member. All Board meetings shall
be open to the public, and public notice of all meetings shall
be given at least 48 hours in advance of each meeting. In
emergency situations in which a majority of the Board certifies
that exigencies of time require the requirements of public
notice and of 24 hour written notice to members may be
dispensed with, and Board members shall receive such notice as
is reasonable under the circumstances.
Three members of the Board shall constitute a quorum to
transact business; and the affirmative vote of 3 members is
necessary to adopt any order. The Board shall keep a complete
and accurate record of all its meetings.
(b) The Board shall determine, define and implement the
environmental control standards applicable in the State of
Illinois and may adopt rules and regulations in accordance with
Title VII of this Act.
(c) The Board shall have authority to act for the State in
regard to the adoption of standards for submission to the
United States under any federal law respecting environmental
protection. Such standards shall be adopted in accordance with
Title VII of the Act and upon adoption shall be forwarded to
the Environmental Protection Agency for submission to the
United States pursuant to subsections (l) and (m) of Section 4
of this Act. Nothing in this paragraph shall limit the
discretion of the Governor to delegate authority granted to the
Governor under any federal law.

(d) The Board shall have authority to conduct proceedings
upon complaints charging violations of this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order; upon administrative
citations; upon petitions for variances, adjusted standards,
or time-limited water quality standards; upon petitions for
review of the Agency's final determinations on permit
applications in accordance with Title X of this Act; upon
petitions to remove seals under Section 34 of this Act; and
upon other petitions for review of final determinations which
are made pursuant to this Act or Board rule and which involve a
subject which the Board is authorized to regulate. The Board
may also conduct other proceedings as may be provided by this
Act or any other statute or rule.
(e) In connection with any proceeding pursuant to
subsection (b) or (d) of this Section, the Board may subpoena
and compel the attendance of witnesses and the production of
evidence reasonably necessary to resolution of the matter under
consideration. The Board shall issue such subpoenas upon the
request of any party to a proceeding under subsection (d) of
this Section or upon its own motion.
(f) The Board may prescribe reasonable fees for permits
required pursuant to this Act. Such fees in the aggregate may
not exceed the total cost to the Agency for its inspection and
permit systems. The Board may not prescribe any permit fees
which are different in amount from those established by this

Act.
(Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17;
revised 2-27-17.)
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the "Solid Waste Management Fund",
to be constituted from the fees collected by the State pursuant
to this Section, from repayments of loans made from the Fund
for solid waste projects, from registration fees collected
pursuant to the Consumer Electronics Recycling Act, and from
amounts transferred into the Fund pursuant to Public Act
100-433 this amendatory Act of the 100th General Assembly.
Moneys received by the Department of Commerce and Economic
Opportunity in repayment of loans made pursuant to the Illinois
Solid Waste Management Act shall be deposited into the General
Revenue Fund.
(b) The Agency shall assess and collect a fee in the amount
set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency to
dispose of solid waste if the sanitary landfill is located off
the site where such waste was produced and if such sanitary
landfill is owned, controlled, and operated by a person other
than the generator of such waste. The Agency shall deposit all
fees collected into the Solid Waste Management Fund. If a site

is contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the fee
under this subsection.
(1) If more than 150,000 cubic yards of non-hazardous
solid waste is permanently disposed of at a site in a
calendar year, the owner or operator shall either pay a fee
of 95 cents per cubic yard or, alternatively, the owner or
operator may weigh the quantity of the solid waste
permanently disposed of with a device for which
certification has been obtained under the Weights and
Measures Act and pay a fee of $2.00 per ton of solid waste
permanently disposed of. In no case shall the fee collected
or paid by the owner or operator under this paragraph
exceed $1.55 per cubic yard or $3.27 per ton.
(2) If more than 100,000 cubic yards but not more than
150,000 cubic yards of non-hazardous waste is permanently
disposed of at a site in a calendar year, the owner or
operator shall pay a fee of $52,630.
(3) If more than 50,000 cubic yards but not more than
100,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $23,790.
(4) If more than 10,000 cubic yards but not more than
50,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the

owner or operator shall pay a fee of $7,260.
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay a
fee of $1050.
(c) (Blank).
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such rules
shall include, but not be limited to:
(1) necessary records identifying the quantities of
solid waste received or disposed;
(2) the form and submission of reports to accompany the
payment of fees to the Agency;
(3) the time and manner of payment of fees to the
Agency, which payments shall not be more often than
quarterly; and
(4) procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency and the
Department of Commerce and Economic Opportunity for the
purposes set forth in this Section and in the Illinois Solid
Waste Management Act, including for the costs of fee collection
and administration, and for the administration of (1) the
Consumer Electronics Recycling Act and (2) until January 1,

2020, the Electronic Products Recycling and Reuse Act.
(f) The Agency is authorized to enter into such agreements
and to promulgate such rules as are necessary to carry out its
duties under this Section and the Illinois Solid Waste
Management Act.
(g) On the first day of January, April, July, and October
of each year, beginning on July 1, 1996, the State Comptroller
and Treasurer shall transfer $500,000 from the Solid Waste
Management Fund to the Hazardous Waste Fund. Moneys transferred
under this subsection (g) shall be used only for the purposes
set forth in item (1) of subsection (d) of Section 22.2.
(h) The Agency is authorized to provide financial
assistance to units of local government for the performance of
inspecting, investigating and enforcement activities pursuant
to Section 4(r) at nonhazardous solid waste disposal sites.
(i) The Agency is authorized to conduct household waste
collection and disposal programs.
(j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge with
regard to the permanent disposal of solid waste. All fees,
taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including
long-term monitoring and maintenance of landfills, planning,
implementation, inspection, enforcement and other activities
consistent with the Solid Waste Management Act and the Local

Solid Waste Disposal Act, or for any other environment-related
purpose, including but not limited to an environment-related
public works project, but not for the construction of a new
pollution control facility other than a household hazardous
waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection
(j) upon the solid waste disposal facility shall not exceed:
(1) 60¢ per cubic yard if more than 150,000 cubic yards
of non-hazardous solid waste is permanently disposed of at
the site in a calendar year, unless the owner or operator
weighs the quantity of the solid waste received with a
device for which certification has been obtained under the
Weights and Measures Act, in which case the fee shall not
exceed $1.27 per ton of solid waste permanently disposed
of.
(2) $33,350 if more than 100,000 cubic yards, but not
more than 150,000 cubic yards, of non-hazardous waste is
permanently disposed of at the site in a calendar year.
(3) $15,500 if more than 50,000 cubic yards, but not
more than 100,000 cubic yards, of non-hazardous solid waste
is permanently disposed of at the site in a calendar year.
(4) $4,650 if more than 10,000 cubic yards, but not
more than 50,000 cubic yards, of non-hazardous solid waste
is permanently disposed of at the site in a calendar year.
(5) $$650 if not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at the

site in a calendar year.
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a
highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped on
public property in violation of a State law or local ordinance.
A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in the
removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local
ordinance.
If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement with
the Agency pursuant to subsection (r) of Section 4. The unit of
local government and the Agency shall enter into such a written
delegation agreement within 60 days after the establishment of
such fees. At least annually, the Agency shall conduct an audit
of the expenditures made by units of local government from the
funds granted by the Agency to the units of local government
for purposes of local sanitary landfill inspection and
enforcement programs, to ensure that the funds have been

expended for the prescribed purposes under the grant.
The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local government
in a separate fund, and the interest received on the moneys in
the fund shall be credited to the fund. The monies in the fund
may be accumulated over a period of years to be expended in
accordance with this subsection.
A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and distribute to the Agency,
in April of each year, a report that details spending plans for
monies collected in accordance with this subsection. The report
will at a minimum include the following:
(1) The total monies collected pursuant to this
subsection.
(2) The most current balance of monies collected
pursuant to this subsection.
(3) An itemized accounting of all monies expended for
the previous year pursuant to this subsection.
(4) An estimation of monies to be collected for the
following 3 years pursuant to this subsection.
(5) A narrative detailing the general direction and
scope of future expenditures for one, 2 and 3 years.
The exemptions granted under Sections 22.16 and 22.16a, and
under subsection (k) of this Section, shall be applicable to
any fee, tax or surcharge imposed under this subsection (j);
except that the fee, tax or surcharge authorized to be imposed

under this subsection (j) may be made applicable by a unit of
local government to the permanent disposal of solid waste after
December 31, 1986, under any contract lawfully executed before
June 1, 1986 under which more than 150,000 cubic yards (or
50,000 tons) of solid waste is to be permanently disposed of,
even though the waste is exempt from the fee imposed by the
State under subsection (b) of this Section pursuant to an
exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1, 1989
the fee under subsection (b) and the fee, tax or surcharge
under subsection (j) shall not apply to:
(1) waste Waste which is hazardous waste; or
(2) waste Waste which is pollution control waste; or
(3) waste Waste from recycling, reclamation or reuse
processes which have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render such wastes reusable, provided that the process
renders at least 50% of the waste reusable; or
(4) non-hazardous Non-hazardous solid waste that is
received at a sanitary landfill and composted or recycled
through a process permitted by the Agency; or
(5) any Any landfill which is permitted by the Agency
to receive only demolition or construction debris or
landscape waste.
(Source: P.A. 100-103, eff. 8-11-17; 100-433, eff. 8-25-17;

revised 9-29-17.)
(415 ILCS 5/29) (from Ch. 111 1/2, par. 1029)
Sec. 29. (a) Any person adversely affected or threatened by
any rule or regulation of the Board may obtain a determination
of the validity or application of such rule or regulation by
petition under subsection (a) of Section 41 of this Act for
judicial review of the Board's final order adopting the rule or
regulation. For purposes of the 35-day appeal period of
subsection (a) of Section 41, a person is deemed to have been
served with the Board's final order on the date on which the
rule or regulation becomes effective pursuant to the Illinois
Administrative Procedure Act.
(b) Action by the Board in adopting any regulation for
which judicial review could have been obtained under Section 41
of this Act shall not be subject to review regarding the
regulation's validity or application in any subsequent
proceeding under Title VIII, Title IX, or Section 40 of this
Act.
(c) This Section does not apply to orders entered by the
Board pursuant to Section 38.5 of this Act. Final orders
entered by the Board pursuant to Section 38.5 of this Act are
subject to judicial review under subsection (j) of that
Section. Interim orders entered by the Board pursuant to
Section 38.5 are not subject to judicial review under this
Section or Section 38.5.

(Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17;
revised 2-27-17.)
(415 ILCS 5/41) (from Ch. 111 1/2, par. 1041)
Sec. 41. Judicial review.
(a) Any party to a Board hearing, any person who filed a
complaint on which a hearing was denied, any person who has
been denied a variance or permit under this Act, any party
adversely affected by a final order or determination of the
Board, and any person who participated in the public comment
process under subsection (8) of Section 39.5 of this Act may
obtain judicial review, by filing a petition for review within
35 days from the date that a copy of the order or other final
action sought to be reviewed was served upon the party affected
by the order or other final Board action complained of, under
the provisions of the Administrative Review Law, as amended and
the rules adopted pursuant thereto, except that review shall be
afforded directly in the Appellate Court for the District in
which the cause of action arose and not in the Circuit Court.
For purposes of this subsection (a), the date of service of the
Board's final order is the date on which the party received a
copy of the order from the Board. Review of any rule or
regulation promulgated by the Board shall not be limited by
this Section but may also be had as provided in Section 29 of
this Act.
(b) Any final order of the Board under this Act shall be

based solely on the evidence in the record of the particular
proceeding involved, and any such final order for permit
appeals, enforcement actions and variance proceedings, shall
be invalid if it is against the manifest weight of the
evidence. Notwithstanding this subsection, the Board may
include such conditions in granting a variance and may adopt
such rules and regulations as the policies of this Act may
require. If an objection is made to a variance condition, the
board shall reconsider the condition within not more than 75
days from the date of the objection.
(c) No challenge to the validity of a Board order shall be
made in any enforcement proceeding under Title XII of this Act
as to any issue that could have been raised in a timely
petition for review under this Section.
(d) If there is no final action by the Board within 120
days on a request for a variance which is subject to subsection
(c) of Section 38 or a permit appeal which is subject to
paragraph (a) (3) of Section 40 or paragraph (d) of Section
40.2 or Section 40.3, the petitioner shall be entitled to an
Appellate Court order under this subsection. If a hearing is
required under this Act and was not held by the Board, the
Appellate Court shall order the Board to conduct such a
hearing, and to make a decision within 90 days from the date of
the order. If a hearing was held by the Board, or if a hearing
is not required under this Act and was not held by the Board,
the Appellate Court shall order the Board to make a decision

within 90 days from the date of the order.
The Appellate Court shall retain jurisdiction during the
pendency of any further action conducted by the Board under an
order by the Appellate Court. The Appellate Court shall have
jurisdiction to review all issues of law and fact presented
upon appeal.
(e) This Section does not apply to orders entered by the
Board pursuant to Section 38.5 of this Act. Final orders
entered by the Board pursuant to Section 38.5 of this Act are
subject to judicial review under subsection (j) of that
Section. Interim orders entered by the Board pursuant to
Section 38.5 are not subject to judicial review under this
Section or Section 38.5.
(Source: P.A. 99-463, eff. 1-1-16; 99-934, eff. 1-27-17;
99-937, eff. 2-24-17; revised 2-27-17.)
(415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
Sec. 42. Civil penalties.
(a) Except as provided in this Section, any person that
violates any provision of this Act or any regulation adopted by
the Board, or any permit or term or condition thereof, or that
violates any order of the Board pursuant to this Act, shall be
liable for a civil penalty of not to exceed $50,000 for the
violation and an additional civil penalty of not to exceed
$10,000 for each day during which the violation continues; such
penalties may, upon order of the Board or a court of competent

jurisdiction, be made payable to the Environmental Protection
Trust Fund, to be used in accordance with the provisions of the
Environmental Protection Trust Fund Act.
(b) Notwithstanding the provisions of subsection (a) of
this Section:
(1) Any person that violates Section 12(f) of this Act
or any NPDES permit or term or condition thereof, or any
filing requirement, regulation or order relating to the
NPDES permit program, shall be liable to a civil penalty of
not to exceed $10,000 per day of violation.
(2) Any person that violates Section 12(g) of this Act
or any UIC permit or term or condition thereof, or any
filing requirement, regulation or order relating to the
State UIC program for all wells, except Class II wells as
defined by the Board under this Act, shall be liable to a
civil penalty not to exceed $2,500 per day of violation;
provided, however, that any person who commits such
violations relating to the State UIC program for Class II
wells, as defined by the Board under this Act, shall be
liable to a civil penalty of not to exceed $10,000 for the
violation and an additional civil penalty of not to exceed
$1,000 for each day during which the violation continues.
(3) Any person that violates Sections 21(f), 21(g),
21(h) or 21(i) of this Act, or any RCRA permit or term or
condition thereof, or any filing requirement, regulation
or order relating to the State RCRA program, shall be

liable to a civil penalty of not to exceed $25,000 per day
of violation.
(4) In an administrative citation action under Section
31.1 of this Act, any person found to have violated any
provision of subsection (o) of Section 21 of this Act shall
pay a civil penalty of $500 for each violation of each such
provision, plus any hearing costs incurred by the Board and
the Agency. Such penalties shall be made payable to the
Environmental Protection Trust Fund, to be used in
accordance with the provisions of the Environmental
Protection Trust Fund Act; except that if a unit of local
government issued the administrative citation, 50% of the
civil penalty shall be payable to the unit of local
government.
(4-5) In an administrative citation action under
Section 31.1 of this Act, any person found to have violated
any provision of subsection (p) of Section 21, Section
22.51, Section 22.51a, or subsection (k) of Section 55 of
this Act shall pay a civil penalty of $1,500 for each
violation of each such provision, plus any hearing costs
incurred by the Board and the Agency, except that the civil
penalty amount shall be $3,000 for each violation of any
provision of subsection (p) of Section 21, Section 22.51,
Section 22.51a, or subsection (k) of Section 55 that is the
person's second or subsequent adjudication violation of
that provision. The penalties shall be deposited into the

Environmental Protection Trust Fund, to be used in
accordance with the provisions of the Environmental
Protection Trust Fund Act; except that if a unit of local
government issued the administrative citation, 50% of the
civil penalty shall be payable to the unit of local
government.
(5) Any person who violates subsection 6 of Section
39.5 of this Act or any CAAPP permit, or term or condition
thereof, or any fee or filing requirement, or any duty to
allow or carry out inspection, entry or monitoring
activities, or any regulation or order relating to the
CAAPP shall be liable for a civil penalty not to exceed
$10,000 per day of violation.
(6) Any owner or operator of a community water system
that violates subsection (b) of Section 18.1 or subsection
(a) of Section 25d-3 of this Act shall, for each day of
violation, be liable for a civil penalty not to exceed $5
for each of the premises connected to the affected
community water system.
(7) Any person who violates Section 52.5 of this Act
shall be liable for a civil penalty of up to $1,000 for the
first violation of that Section and a civil penalty of up
to $2,500 for a second or subsequent violation of that
Section.
(b.5) In lieu of the penalties set forth in subsections (a)
and (b) of this Section, any person who fails to file, in a

timely manner, toxic chemical release forms with the Agency
pursuant to Section 25b-2 of this Act shall be liable for a
civil penalty of $100 per day for each day the forms are late,
not to exceed a maximum total penalty of $6,000. This daily
penalty shall begin accruing on the thirty-first day after the
date that the person receives the warning notice issued by the
Agency pursuant to Section 25b-6 of this Act; and the penalty
shall be paid to the Agency. The daily accrual of penalties
shall cease as of January 1 of the following year. All
penalties collected by the Agency pursuant to this subsection
shall be deposited into the Environmental Protection Permit and
Inspection Fund.
(c) Any person that violates this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order and causes the death
of fish or aquatic life shall, in addition to the other
penalties provided by this Act, be liable to pay to the State
an additional sum for the reasonable value of the fish or
aquatic life destroyed. Any money so recovered shall be placed
in the Wildlife and Fish Fund in the State Treasury.
(d) The penalties provided for in this Section may be
recovered in a civil action.
(e) The State's Attorney of the county in which the
violation occurred, or the Attorney General, may, at the
request of the Agency or on his own motion, institute a civil
action for an injunction, prohibitory or mandatory, to restrain

violations of this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any
Board order, or to require such other actions as may be
necessary to address violations of this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order.
(f) The State's Attorney of the county in which the
violation occurred, or the Attorney General, shall bring such
actions in the name of the people of the State of Illinois.
Without limiting any other authority which may exist for the
awarding of attorney's fees and costs, the Board or a court of
competent jurisdiction may award costs and reasonable
attorney's fees, including the reasonable costs of expert
witnesses and consultants, to the State's Attorney or the
Attorney General in a case where he has prevailed against a
person who has committed a willful wilful, knowing, or repeated
violation of this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any
Board order.
Any funds collected under this subsection (f) in which the
Attorney General has prevailed shall be deposited in the
Hazardous Waste Fund created in Section 22.2 of this Act. Any
funds collected under this subsection (f) in which a State's
Attorney has prevailed shall be retained by the county in which
he serves.
(g) All final orders imposing civil penalties pursuant to

this Section shall prescribe the time for payment of such
penalties. If any such penalty is not paid within the time
prescribed, interest on such penalty at the rate set forth in
subsection (a) of Section 1003 of the Illinois Income Tax Act,
shall be paid for the period from the date payment is due until
the date payment is received. However, if the time for payment
is stayed during the pendency of an appeal, interest shall not
accrue during such stay.
(h) In determining the appropriate civil penalty to be
imposed under subdivisions (a), (b)(1), (b)(2), (b)(3),
(b)(5), (b)(6), or (b)(7) of this Section, the Board is
authorized to consider any matters of record in mitigation or
aggravation of penalty, including, but not limited to, the
following factors:
(1) the duration and gravity of the violation;
(2) the presence or absence of due diligence on the
part of the respondent in attempting to comply with
requirements of this Act and regulations thereunder or to
secure relief therefrom as provided by this Act;
(3) any economic benefits accrued by the respondent
because of delay in compliance with requirements, in which
case the economic benefits shall be determined by the
lowest cost alternative for achieving compliance;
(4) the amount of monetary penalty which will serve to
deter further violations by the respondent and to otherwise
aid in enhancing voluntary compliance with this Act by the

respondent and other persons similarly subject to the Act;
(5) the number, proximity in time, and gravity of
previously adjudicated violations of this Act by the
respondent;
(6) whether the respondent voluntarily self-disclosed,
in accordance with subsection (i) of this Section, the
non-compliance to the Agency;
(7) whether the respondent has agreed to undertake a
"supplemental environmental project"," which means an
environmentally beneficial project that a respondent
agrees to undertake in settlement of an enforcement action
brought under this Act, but which the respondent is not
otherwise legally required to perform; and
(8) whether the respondent has successfully completed
a Compliance Commitment Agreement under subsection (a) of
Section 31 of this Act to remedy the violations that are
the subject of the complaint.
In determining the appropriate civil penalty to be imposed
under subsection (a) or paragraph (1), (2), (3), (5), (6), or
(7) of subsection (b) of this Section, the Board shall ensure,
in all cases, that the penalty is at least as great as the
economic benefits, if any, accrued by the respondent as a
result of the violation, unless the Board finds that imposition
of such penalty would result in an arbitrary or unreasonable
financial hardship. However, such civil penalty may be off-set
in whole or in part pursuant to a supplemental environmental

project agreed to by the complainant and the respondent.
(i) A person who voluntarily self-discloses non-compliance
to the Agency, of which the Agency had been unaware, is
entitled to a 100% reduction in the portion of the penalty that
is not based on the economic benefit of non-compliance if the
person can establish the following:
(1) that either the regulated entity is a small entity
or the non-compliance was discovered through an
environmental audit or a compliance management system
documented by the regulated entity as reflecting the
regulated entity's due diligence in preventing, detecting,
and correcting violations;
(2) that the non-compliance was disclosed in writing
within 30 days of the date on which the person discovered
it;
(3) that the non-compliance was discovered and
disclosed prior to:
(i) the commencement of an Agency inspection,
investigation, or request for information;
(ii) notice of a citizen suit;
(iii) the filing of a complaint by a citizen, the
Illinois Attorney General, or the State's Attorney of
the county in which the violation occurred;
(iv) the reporting of the non-compliance by an
employee of the person without that person's
knowledge; or

(v) imminent discovery of the non-compliance by
the Agency;
(4) that the non-compliance is being corrected and any
environmental harm is being remediated in a timely fashion;
(5) that the person agrees to prevent a recurrence of
the non-compliance;
(6) that no related non-compliance events have
occurred in the past 3 years at the same facility or in the
past 5 years as part of a pattern at multiple facilities
owned or operated by the person;
(7) that the non-compliance did not result in serious
actual harm or present an imminent and substantial
endangerment to human health or the environment or violate
the specific terms of any judicial or administrative order
or consent agreement;
(8) that the person cooperates as reasonably requested
by the Agency after the disclosure; and
(9) that the non-compliance was identified voluntarily
and not through a monitoring, sampling, or auditing
procedure that is required by statute, rule, permit,
judicial or administrative order, or consent agreement.
If a person can establish all of the elements under this
subsection except the element set forth in paragraph (1) of
this subsection, the person is entitled to a 75% reduction in
the portion of the penalty that is not based upon the economic
benefit of non-compliance.

For the purposes of this subsection (i), "small entity" has
the same meaning as in Section 221 of the federal Small
Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
601).
(j) In addition to any other remedy or penalty that may
apply, whether civil or criminal, any person who violates
Section 22.52 of this Act shall be liable for an additional
civil penalty of up to 3 times the gross amount of any
pecuniary gain resulting from the violation.
(k) In addition to any other remedy or penalty that may
apply, whether civil or criminal, any person who violates
subdivision (a)(7.6) of Section 31 of this Act shall be liable
for an additional civil penalty of $2,000.
(Source: P.A. 99-934, eff. 1-27-17; 100-436, eff. 8-25-17;
revised 1-22-18.)
(415 ILCS 5/44.1)
(Text of Section before amendment by P.A. 100-512)
Sec. 44.1. (a) In addition to all other civil and criminal
penalties provided by law, any person convicted of a criminal
violation of this Act or the regulations adopted thereunder
shall forfeit to the State (1) an amount equal to the value of
all profits earned, savings realized, and benefits incurred as
a direct or indirect result of such violation, and (2) any
vehicle or conveyance used in the perpetration of such
violation, except as provided in subsection (b).

(b) Forfeiture of conveyances shall be subject to the
following exceptions:
(1) No conveyance used by any person as a common
carrier in the transaction of business as a common carrier
is subject to forfeiture under this Section unless it is
proven that the owner or other person in charge of the
conveyance consented to or was privy to the covered
violation.
(2) No conveyance is subject to forfeiture under this
Section by reason of any covered violation which the owner
proves to have been committed without his knowledge or
consent.
(3) A forfeiture of a conveyance encumbered by a bona
fide security interest is subject to the interest of the
secured party if he neither had knowledge of nor consented
to the covered violation.
(c) Except as provided in subsection (d), all property
subject to forfeiture under this Section shall be seized
pursuant to the order of a circuit court.
(d) Property subject to forfeiture under this Section may
be seized by the Director or any peace officer without process:
(1) if the seizure is incident to an inspection under
an administrative inspection warrant, or incident to the
execution of a criminal search or arrest warrant;
(2) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a

criminal proceeding, or in an injunction or forfeiture
proceeding based upon this Act; or
(3) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety.
(e) Property taken or detained under this Section shall not
be subject to eviction or replevin, but is deemed to be in the
custody of the Director subject only to the order and judgments
of the circuit court having jurisdiction over the forfeiture
proceedings. When property is seized under this Act, the
Director may:
(1) place the property under seal;
(2) secure the property or remove the property to a
place designated by him; or
(3) require the sheriff of the county in which the
seizure occurs to take custody of the property and secure
or remove it to an appropriate location for disposition in
accordance with law.
(f) All amounts forfeited under item (1) of subsection (a)
shall be apportioned in the following manner:
(1) 40% shall be deposited in the Hazardous Waste Fund
created in Section 22.2;
(2) 30% shall be paid to the office of the Attorney
General or the State's Attorney of the county in which the
violation occurred, whichever brought and prosecuted the
action; and

(3) 30% shall be paid to the law enforcement agency
which investigated the violation.
Any funds received under this subsection (f) shall be used
solely for the enforcement of the environmental protection laws
of this State.
(g) When property is forfeited under this Section the court
may order:
(1) that the property shall be made available for the
official use of the Agency, the Office of the Attorney
General, the State's Attorney of the county in which the
violation occurred, or the law enforcement agency which
investigated the violation, to be used solely for the
enforcement of the environmental protection laws of this
State;
(2) the sheriff of the county in which the forfeiture
occurs to take custody of the property and remove it for
disposition in accordance with law; or
(3) the sheriff of the county in which the forfeiture
occurs to sell that which is not required to be destroyed
by law and which is not harmful to the public. The proceeds
of such sale shall be used for payment of all proper
expenses of the proceedings for forfeiture and sale,
including expenses of seizure, maintenance of custody,
advertising and court costs, and the balance, if any, shall
be apportioned pursuant to subsection (f).
(Source: P.A. 100-173, eff. 1-1-18.)

(Text of Section after amendment by P.A. 100-512)
Sec. 44.1. (a) In addition to all other civil and criminal
penalties provided by law, any person convicted of a criminal
violation of this Act or the regulations adopted thereunder
shall forfeit to the State (1) an amount equal to the value of
all profits earned, savings realized, and benefits incurred as
a direct or indirect result of such violation, and (2) any
vehicle or conveyance used in the perpetration of such
violation, except as provided in subsection (b).
(b) Forfeiture of conveyances shall be subject to the
following exceptions:
(1) No conveyance used by any person as a common
carrier in the transaction of business as a common carrier
is subject to forfeiture under this Section unless it is
proven that the owner or other person in charge of the
conveyance consented to or was privy to the covered
violation.
(2) No conveyance is subject to forfeiture under this
Section by reason of any covered violation which the owner
proves to have been committed without his knowledge or
consent.
(3) A forfeiture of a conveyance encumbered by a bona
fide security interest is subject to the interest of the
secured party if he neither had knowledge of nor consented
to the covered violation.

(c) Except as provided in subsection (d), all property
subject to forfeiture under this Section shall be seized
pursuant to the order of a circuit court.
(d) Property subject to forfeiture under this Section may
be seized by the Director or any peace officer without process:
(1) if the seizure is incident to an inspection under
an administrative inspection warrant, or incident to the
execution of a criminal search or arrest warrant;
(2) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding, or in an injunction or forfeiture
proceeding based upon this Act; or
(3) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety.
(e) Property taken or detained under this Section shall not
be subject to eviction or replevin, but is deemed to be in the
custody of the Director subject only to the order and judgments
of the circuit court having jurisdiction over the forfeiture
proceedings. When property is seized under this Act, the
Director may:
(1) place the property under seal;
(2) secure the property or remove the property to a
place designated by him; or
(3) require the sheriff of the county in which the
seizure occurs to take custody of the property and secure

or remove it to an appropriate location for disposition in
accordance with law.
(f) All amounts forfeited under item (1) of subsection (a)
shall be apportioned in the following manner:
(1) 40% shall be deposited in the Hazardous Waste Fund
created in Section 22.2;
(2) 30% shall be paid to the office of the Attorney
General or the State's Attorney of the county in which the
violation occurred, whichever brought and prosecuted the
action; and
(3) 30% shall be paid to the law enforcement agency
which investigated the violation.
Any funds received under this subsection (f) shall be used
solely for the enforcement of the environmental protection laws
of this State.
(g) When property is forfeited under this Section the court
may order:
(1) that the property shall be made available for the
official use of the Agency, the Office of the Attorney
General, the State's Attorney of the county in which the
violation occurred, or the law enforcement agency which
investigated the violation, to be used solely for the
enforcement of the environmental protection laws of this
State;
(2) the sheriff of the county in which the forfeiture
occurs to take custody of the property and remove it for

disposition in accordance with law; or
(3) the sheriff of the county in which the forfeiture
occurs to sell that which is not required to be destroyed
by law and which is not harmful to the public. The proceeds
of such sale shall be used for payment of all proper
expenses of the proceedings for forfeiture and sale,
including expenses of seizure, maintenance of custody,
advertising and court costs, and the balance, if any, shall
be apportioned pursuant to subsection (f).
(h) Property seized or forfeited under this Section is
subject to reporting under the Seizure and Forfeiture Reporting
Act.
(Source: P.A. 100-173, eff. 1-1-18; 100-512, eff. 7-1-18;
revised 10-2-17.)
(415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
Sec. 55. Prohibited activities.
(a) No person shall:
(1) Cause or allow the open dumping of any used or
waste tire.
(2) Cause or allow the open burning of any used or
waste tire.
(3) Except at a tire storage site which contains more
than 50 used tires, cause or allow the storage of any used
tire unless the tire is altered, reprocessed, converted,
covered, or otherwise prevented from accumulating water.

(4) Cause or allow the operation of a tire storage site
except in compliance with Board regulations.
(5) Abandon, dump or dispose of any used or waste tire
on private or public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(6) Fail to submit required reports, tire removal
agreements, or Board regulations.
(b) (Blank.)
(b-1) No person shall knowingly mix any used or waste tire,
either whole or cut, with municipal waste, and no owner or
operator of a sanitary landfill shall accept any used or waste
tire for final disposal; except that used or waste tires, when
separated from other waste, may be accepted if the sanitary
landfill provides and maintains a means for shredding,
slitting, or chopping whole tires and so treats whole tires
and, if approved by the Agency in a permit issued under this
Act, uses the used or waste tires for alternative uses, which
may include on-site practices such as lining of roadways with
tire scraps, alternative daily cover, or use in a leachate
collection system. In the event the physical condition of a
used or waste tire makes shredding, slitting, chopping, reuse,
reprocessing, or other alternative use of the used or waste
tire impractical or infeasible, then the sanitary landfill,
after authorization by the Agency, may accept the used or waste
tire for disposal.

(c) Any person who sells new or used tires at retail or
operates a tire storage site or a tire disposal site which
contains more than 50 used or waste tires shall give notice of
such activity to the Agency. Any person engaging in such
activity for the first time after January 1, 1990, shall give
notice to the Agency within 30 days after the date of
commencement of the activity. The form of such notice shall be
specified by the Agency and shall be limited to information
regarding the following:
(1) the name and address of the owner and operator;
(2) the name, address and location of the operation;
(3) the type of operations involving used and waste
tires (storage, disposal, conversion or processing); and
(4) the number of used and waste tires present at the
location.
(d) Beginning January 1, 1992, no person shall cause or
allow the operation of:
(1) a tire storage site which contains more than 50
used tires, unless the owner or operator, by January 1,
1992 (or the January 1 following commencement of operation,
whichever is later) and January 1 of each year thereafter,
(i) registers the site with the Agency, except that the
registration requirement in this item (i) does not apply in
the case of a tire storage site required to be permitted
under subsection (d-5), (ii) certifies to the Agency that
the site complies with any applicable standards adopted by

the Board pursuant to Section 55.2, (iii) reports to the
Agency the number of tires accumulated, the status of
vector controls, and the actions taken to handle and
process the tires, and (iv) pays the fee required under
subsection (b) of Section 55.6; or
(2) a tire disposal site, unless the owner or operator
(i) has received approval from the Agency after filing a
tire removal agreement pursuant to Section 55.4, or (ii)
has entered into a written agreement to participate in a
consensual removal action under Section 55.3.
The Agency shall provide written forms for the annual
registration and certification required under this subsection
(d).
(d-4) On or before January 1, 2015, the owner or operator
of each tire storage site that contains used tires totaling
more than 10,000 passenger tire equivalents, or at which more
than 500 tons of used tires are processed in a calendar year,
shall submit documentation demonstrating its compliance with
Board rules adopted under this Title. This documentation must
be submitted on forms and in a format prescribed by the Agency.
(d-5) Beginning July 1, 2016, no person shall cause or
allow the operation of a tire storage site that contains used
tires totaling more than 10,000 passenger tire equivalents, or
at which more than 500 tons of used tires are processed in a
calendar year, without a permit granted by the Agency or in
violation of any conditions imposed by that permit, including

periodic reports and full access to adequate records and the
inspection of facilities, as may be necessary to ensure
compliance with this Act and with regulations and standards
adopted under this Act.
(d-6) No person shall cause or allow the operation of a
tire storage site in violation of the financial assurance rules
established by the Board under subsection (b) of Section 55.2
of this Act. In addition to the remedies otherwise provided
under this Act, the State's Attorney of the county in which the
violation occurred, or the Attorney General, may, at the
request of the Agency or on his or her own motion, institute a
civil action for an immediate injunction, prohibitory or
mandatory, to restrain any violation of this subsection (d-6)
or to require any other action as may be necessary to abate or
mitigate any immediate danger or threat to public health or the
environment at the site. Injunctions to restrain a violation of
this subsection (d-6) may include, but are not limited to, the
required removal of all tires for which financial assurance is
not maintained and a prohibition against the acceptance of
tires in excess of the amount for which financial assurance is
maintained.
(e) No person shall cause or allow the storage, disposal,
treatment or processing of any used or waste tire in violation
of any regulation or standard adopted by the Board.
(f) No person shall arrange for the transportation of used
or waste tires away from the site of generation with a person

known to openly dump such tires.
(g) No person shall engage in any operation as a used or
waste tire transporter except in compliance with Board
regulations.
(h) No person shall cause or allow the combustion of any
used or waste tire in an enclosed device unless a permit has
been issued by the Agency authorizing such combustion pursuant
to regulations adopted by the Board for the control of air
pollution and consistent with the provisions of Section 9.4 of
this Act.
(i) No person shall cause or allow the use of pesticides to
treat tires except as prescribed by Board regulations.
(j) No person shall fail to comply with the terms of a tire
removal agreement approved by the Agency pursuant to Section
55.4.
(k) No person shall:
(1) Cause or allow water to accumulate in used or waste
tires. The prohibition set forth in this paragraph (1) of
subsection (k) shall not apply to used or waste tires
located at a residential household, as long as not more
than 4 used or waste tires at the site are covered and kept
dry.
(2) Fail to collect a fee required under Section 55.8
of this Title.
(3) Fail to file a return required under Section 55.10
of this Title.

(4) Transport used or waste tires in violation of the
registration and vehicle placarding requirements adopted
by the Board.
(Source: P.A. 100-103, eff. 8-11-17; 100-327, eff. 8-24-17;
revised 10-2-17.)
(415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
Sec. 55.6. Used Tire Management Fund.
(a) There is hereby created in the State Treasury a special
fund to be known as the Used Tire Management Fund. There shall
be deposited into the Fund all monies received as (1) recovered
costs or proceeds from the sale of used tires under Section
55.3 of this Act, (2) repayment of loans from the Used Tire
Management Fund, or (3) penalties or punitive damages for
violations of this Title, except as provided by subdivision
(b)(4) or (b)(4-5) of Section 42.
(b) Beginning January 1, 1992, in addition to any other
fees required by law, the owner or operator of each site
required to be registered or permitted under subsection (d) or
(d-5) of Section 55 shall pay to the Agency an annual fee of
$100. Fees collected under this subsection shall be deposited
into the Environmental Protection Permit and Inspection Fund.
(c) Pursuant to appropriation, monies up to an amount of $4
million per fiscal year from the Used Tire Management Fund
shall be allocated as follows:
(1) 38% shall be available to the Agency for the

following purposes, provided that priority shall be given
to item (i):
(i) To undertake preventive, corrective or removal
action as authorized by and in accordance with Section
55.3, and to recover costs in accordance with Section
55.3.
(ii) For the performance of inspection and
enforcement activities for used and waste tire sites.
(iii) (Blank).
(iv) To provide financial assistance to units of
local government for the performance of inspecting,
investigating and enforcement activities pursuant to
subsection (r) of Section 4 at used and waste tire
sites.
(v) To provide financial assistance for used and
waste tire collection projects sponsored by local
government or not-for-profit corporations.
(vi) For the costs of fee collection and
administration relating to used and waste tires, and to
accomplish such other purposes as are authorized by
this Act and regulations thereunder.
(vii) To provide financial assistance to units of
local government and private industry for the purposes
of:
(A) assisting in the establishment of
facilities and programs to collect, process, and

utilize used and waste tires and tire-derived
materials;
(B) demonstrating the feasibility of
innovative technologies as a means of collecting,
storing, processing, and utilizing used and waste
tires and tire-derived materials; and
(C) applying demonstrated technologies as a
means of collecting, storing, processing, and
utilizing used and waste tires and tire-derived
materials.
(2) For fiscal years beginning prior to July 1, 2004,
23% shall be available to the Department of Commerce and
Economic Opportunity for the following purposes, provided
that priority shall be given to item (A):
(A) To provide grants or loans for the purposes of:
(i) assisting units of local government and
private industry in the establishment of
facilities and programs to collect, process and
utilize used and waste tires and tire derived
materials;
(ii) demonstrating the feasibility of
innovative technologies as a means of collecting,
storing, processing and utilizing used and waste
tires and tire derived materials; and
(iii) applying demonstrated technologies as a
means of collecting, storing, processing, and

utilizing used and waste tires and tire derived
materials.
(B) To develop educational material for use by
officials and the public to better understand and
respond to the problems posed by used tires and
associated insects.
(C) (Blank).
(D) To perform such research as the Director deems
appropriate to help meet the purposes of this Act.
(E) To pay the costs of administration of its
activities authorized under this Act.
(2.1) For the fiscal year beginning July 1, 2004 and
for all fiscal years thereafter, 23% shall be deposited
into the General Revenue Fund.
(3) 25% shall be available to the Illinois Department
of Public Health for the following purposes:
(A) To investigate threats or potential threats to
the public health related to mosquitoes and other
vectors of disease associated with the improper
storage, handling and disposal of tires, improper
waste disposal, or natural conditions.
(B) To conduct surveillance and monitoring
activities for mosquitoes and other arthropod vectors
of disease, and surveillance of animals which provide a
reservoir for disease-producing organisms.
(C) To conduct training activities to promote

vector control programs and integrated pest management
as defined in the Vector Control Act.
(D) To respond to inquiries, investigate
complaints, conduct evaluations and provide technical
consultation to help reduce or eliminate public health
hazards and nuisance conditions associated with
mosquitoes and other vectors.
(E) To provide financial assistance to units of
local government for training, investigation and
response to public nuisances associated with
mosquitoes and other vectors of disease.
(4) 2% shall be available to the Department of
Agriculture for its activities under the Illinois
Pesticide Act relating to used and waste tires.
(5) 2% shall be available to the Pollution Control
Board for administration of its activities relating to used
and waste tires.
(6) 10% shall be available to the University of
Illinois for the Prairie Research Institute to perform
research to study the biology, distribution, population
ecology, and biosystematics of tire-breeding arthropods,
especially mosquitoes, and the diseases they spread.
(d) By January 1, 1998, and biennially thereafter, each
State agency receiving an appropriation from the Used Tire
Management Fund shall report to the Governor and the General
Assembly on its activities relating to the Fund.

(e) Any monies appropriated from the Used Tire Management
Fund, but not obligated, shall revert to the Fund.
(f) In administering the provisions of subdivisions (1),
(2) and (3) of subsection (c) of this Section, the Agency, the
Department of Commerce and Economic Opportunity, and the
Illinois Department of Public Health shall ensure that
appropriate funding assistance is provided to any municipality
with a population over 1,000,000 or to any sanitary district
which serves a population over 1,000,000.
(g) Pursuant to appropriation, monies in excess of $4
million per fiscal year from the Used Tire Management Fund
shall be used as follows:
(1) 55% shall be available to the Agency for the
following purposes, provided that priority shall be given
to subparagraph (A):
(A) To undertake preventive, corrective or renewed
action as authorized by and in accordance with Section
55.3 and to recover costs in accordance with Section
55.3.
(B) To provide financial assistance to units of
local government and private industry for the purposes
of:
(i) assisting in the establishment of
facilities and programs to collect, process, and
utilize used and waste tires and tire-derived
materials;

(ii) demonstrating the feasibility of
innovative technologies as a means of collecting,
storing, processing, and utilizing used and waste
tires and tire-derived materials; and
(iii) applying demonstrated technologies as a
means of collecting, storing, processing, and
utilizing used and waste tires and tire-derived
materials.
(C) To provide grants to public universities for
vector-related research, disease-related research, and
for related laboratory-based equipment and field-based
equipment.
(2) For fiscal years beginning prior to July 1, 2004,
45% shall be available to the Department of Commerce and
Economic Opportunity to provide grants or loans for the
purposes of:
(i) assisting units of local government and
private industry in the establishment of facilities
and programs to collect, process and utilize waste
tires and tire derived material;
(ii) demonstrating the feasibility of innovative
technologies as a means of collecting, storing,
processing, and utilizing used and waste tires and tire
derived materials; and
(iii) applying demonstrated technologies as a
means of collecting, storing, processing, and

utilizing used and waste tires and tire derived
materials.
(3) For the fiscal year beginning July 1, 2004 and for
all fiscal years thereafter, 45% shall be deposited into
the General Revenue Fund.
(Source: P.A. 100-103, eff. 8-11-17; 100-327, eff. 8-24-17;
revised 10-2-17.)
Section 510. The Solid Waste Planning and Recycling Act is
amended by changing Section 11 as follows:
(415 ILCS 15/11) (from Ch. 85, par. 5961)
Sec. 11. (a) It shall be a violation of this Act for any
person:
(1) To cause or assist in the violation of Section 9 or
10 of this Act or any regulation promulgated hereunder.
(2) To fail to adhere to the schedule set forth in, or
pursuant to, this Act for adopting and reviewing a waste
management plan.
(3) To fail to implement the recycling component of an
adopted waste management plan.
(Source: P.A. 85-1198; revised 11-8-17.)
Section 515. The Spent Nuclear Fuel Act is amended by
changing Section 4 as follows:

(420 ILCS 15/4) (from Ch. 111 1/2, par. 230.24)
Sec. 4. The State's States Attorney in a county where a
violation occurs or Attorney General may institute a civil
action for immediate injunction to halt any activity which is
in violation of this Act.
(Source: P.A. 81-1516, Art. II; revised 10-21-15.)
Section 520. The Smoke Detector Act is amended by changing
Section 4 as follows:
(425 ILCS 60/4) (from Ch. 127 1/2, par. 804)
(Text of Section before amendment by P.A. 100-200)
Sec. 4. (a) Willful failure to install or maintain in
operating condition any smoke detector required by this Act
shall be a Class B misdemeanor.
(b) Tampering with, removing, destroying, disconnecting or
removing the batteries from any installed smoke detector,
except in the course of inspection, maintenance or replacement
of the detector, shall be a Class A misdemeanor in the case of
a first conviction, and a Class 4 felony in the case of a
second or subsequent conviction.
(Source: P.A. 85-143.)
(Text of Section after amendment by P.A. 100-200)
Sec. 4. (a) Except as provided in subsection (c), willful
failure to install or maintain in operating condition any smoke

detector required by this Act shall be a Class B misdemeanor.
(b) Except as provided in subsection (c), tampering with,
removing, destroying, disconnecting or removing the batteries
from any installed smoke detector, except in the course of
inspection, maintenance or replacement of the detector, shall
be a Class A misdemeanor in the case of a first conviction, and
a Class 4 felony in the case of a second or subsequent
conviction.
(c) A party in violation of the battery requirements of
subsection (e) of Section 3 of this Act shall be provided with
90 days' day's warning with which to rectify that violation. If
that party fails to rectify the violation within that 90-day 90
day period, he or she may be assessed a fine of up to $100, and
may be fined $100 every 30 days thereafter until either the
violation is rectified or the cumulative amount of fines
assessed reaches $1,500. The provisions of subsection (a) and
(b) of this Section shall apply only after the penalty provided
under this subsection (c) has been exhausted to the extent that
a violating party has reached the $1,500 cumulative fine
threshold and has failed to rectify the violation.
If the alleged violation has been corrected prior to or on
the date of the hearing scheduled to adjudicate the alleged
violation, then the violation shall be dismissed.
(Source: P.A. 100-200, eff. 1-1-23; revised 10-2-17.)
Section 525. The Wildlife Code is amended by changing

Sections 2.35 and 3.19 as follows:
(520 ILCS 5/2.35) (from Ch. 61, par. 2.35)
Sec. 2.35. Wild game birds or fur-bearing mammals.
(a) Migratory game birds, or any part or parts thereof, may
be possessed only in accordance with the regulations of the
federal government Federal Government.
(b) Except as provided in Sections 3.21, 3.23, 3.27, 3.28,
and 3.30, it is unlawful to possess wild game birds or wild
game mammals or any parts thereof in excess of the legally
established daily limit or possession limit, whichever
applies.
(c) Except as provided in this Code, it is unlawful to have
in possession the green hides of fur-bearing mammals without a
valid hunting or trapping license.
(d) Failure to establish proof of the legality of the
possession in another state or country and of importation into
this State, shall be prima facie evidence that migratory game
birds and game birds or any parts thereof, and fur-bearing
mammals or any parts thereof, were taken within this State.
(e) For all those species to which a daily or possession
limit shall apply, each hunter shall maintain his bag of such
species separately and distinctly from those of all other
hunters.
(f) No person shall receive or have in custody any
protected species belonging to another person, except in the

personal abodes of the donor or recipient, unless such
protected species are tagged in accordance with Section 2.30b
of this Code or tagged with the hunter's or trapper's name,
address, total number of species, and the date such species
were taken.
(Source: P.A. 100-123, eff. 1-1-18; revised 10-5-17.)
(520 ILCS 5/3.19) (from Ch. 61, par. 3.19)
Sec. 3.19. Permit requirements. Each resident fur buyer,
nonresident fur buyer, non-resident auction participant,
fur-bearing fur bearing mammal breeder, or fur tanner shall
have his or her permit in his or her possession when receiving,
collecting, buying, selling, or offering for sale the green
hides of fur-bearing mammals or accepting the same for
dressing, dyeing, or tanning and shall immediately produce the
same when requested to do so by an officer or authorized
employees of the Department, any sheriff, deputy sheriff or any
other peace officer. Persons conducting organized and
established auction sales or the green hides of fur-bearing
mammals, protected by this Act, shall be exempt from the
provisions of this Section.
(Source: P.A. 100-123, eff. 1-1-18; revised 10-5-17.)
Section 530. The Illinois Highway Code is amended by
changing Sections 3-105 and 6-130 as follows:

(605 ILCS 5/3-105) (from Ch. 121, par. 3-105)
Sec. 3-105. Except as otherwise provided in the Treasurer
as Custodian of Funds Act, all money received by the State of
Illinois from the federal government for aid in construction of
highways shall be placed in the Road Fund "Road Fund" in the
State treasury Treasury. For the purposes of this Section,
money received by the State of Illinois from the federal
government under the Recreational Trails Program for grants or
contracts obligated on or after October 1, 2017 shall not be
considered for use as aid in construction of highways, and
shall be placed in the Park and Conservation Fund "Park and
Conservation Fund" in the State treasury.
Whenever any county having a population of 500,000 or more
inhabitants has incurred indebtedness and issued Expressway
bonds as authorized by Division 5-34 of the Counties Code and
has used the proceeds of such bonds for the construction of
Expressways in accordance with the provisions of Section 15d of
"An Act to revise the law in relation to roads and bridges",
approved June 27, 1913, as amended (repealed) or of Section
5-403 of this Code in order to accelerate the improvement of
the National System of Interstate Highways, the federal aid
primary highway network or the federal aid highway network in
urban areas, the State shall appropriate and allot, from the
allotments of federal funds made available by Acts of Congress
under the Federal Aid Road Act and as appropriated and made
available to the State of Illinois, to such county or counties

a sum sufficient to retire the bonded indebtedness due annually
arising from the issuance of those Expressway bonds issued for
the purpose of constructing Expressways in the county or
counties. Such funds shall be deposited in the Treasury of such
county or counties for the purpose of applying such funds to
the payment of the Expressway bonds, principal and interest due
annually, issued pursuant to Division 5-34 of the Counties
Code.
(Source: P.A. 100-127, eff. 1-1-18; revised 10-12-17.)
(605 ILCS 5/6-130) (from Ch. 121, par. 6-130)
Sec. 6-130. Road district abolishment. Notwithstanding any
other provision of this Code to the contrary, no township road
district may continue in existence if the roads forming a part
of the district do not exceed a total of 4 centerline miles in
length as determined by the county engineer or county
superintendent of highways. On the first Tuesday in April of
1975, or of any subsequent year next succeeding the reduction
of a township road system to a total mileage of 4 centerline
miles or less, each such township road district shall, by
operation of law, be abolished. The roads comprising that
district at that time shall thereafter be administered by the
township board of trustees by contracting with the county, a
municipality or a private contractor. The township board of
trustees shall assume all taxing authority of a township road
district abolished under this Section.

(Source: P.A. 100-106, eff. 1-1-18; 100-107, eff. 1-1-18;
revised 10-12-17.)
Section 535. The Illinois Aeronautics Act is amended by
changing Sections 1 and 47 as follows:
(620 ILCS 5/1) (from Ch. 15 1/2, par. 22.1)
Sec. 1. Definitions.) For the purposes of this Act, the
words, terms, and phrases set forth in Sections 2 to 23b,
inclusive, shall have the meanings prescribed in such Sections
sections unless otherwise specifically defined, or unless
another intention clearly appears, or the context otherwise
requires.
(Source: P.A. 79-1010; revised 10-12-17.)
(620 ILCS 5/47) (from Ch. 15 1/2, par. 22.47)
Sec. 47. Operation without certificate of approval
unlawful; applications.) An application for a certificate of
approval of an airport or restricted landing area, or the
alteration or extension thereof, shall set forth, among other
things, the location of all railways, mains, pipes, conduits,
wires, cables, poles and other facilities and structures of
public service corporations or municipal or quasi-municipal
corporations, located within the area proposed to be acquired
or restricted, and the names of persons owning the same, to the
extent that such information can be reasonably ascertained by

the applicant.
It shall be unlawful for any municipality or other
political subdivision, or officer or employee thereof, or for
any person, to make any alteration or extension of an existing
airport or restricted landing area, or to use or operate any
airport or restricted landing area, for which a certificate of
approval has not been issued by the Department; provided, that
no certificate of approval shall be required for an airport or
restricted landing area which was in existence and approved by
the Illinois Aeronautics Commission, whether or not being
operated, on or before July 1, 1945, or for the O'Hare
Modernization Program as defined in Section 10 of the O'Hare
Modernization Act; except that a certificate of approval shall
be required under this Section for construction of a new runway
at O'Hare International Airport with a geographical
orientation that varies from a geographical east-west
orientation by more than 10 degrees, or for construction of a
new runway at that airport that would result in more than 10
runways being available for aircraft operations at that
airport. The Department shall supervise, monitor, and enforce
compliance with the O'Hare Modernization Act by all other
departments, agencies, and units of State and local government.
Provisions of this Section do not apply to special purpose
aircraft designated as such by the Department when operating to
or from uncertificated areas other than their principal base of
operations, provided mutually acceptable arrangements are made

with the property owner, and provided the owner or operator of
the aircraft assumes liabilities which may arise out of such
operations.
(Source: P.A. 99-202, eff. 1-1-16; revised 10-12-17.)
Section 540. The Permanent Noise Monitoring Act is amended
by changing Section 10 as follows:
(620 ILCS 35/10) (from Ch. 15 1/2, par. 760)
Sec. 10. Establishment of permanent noise monitoring
systems.
(a) No later than December 31, 2008, each airport shall
have an operable permanent noise monitoring system. The system
shall be operated by the airport sponsor. The airport sponsor
shall be responsible for the construction or the design and
construction of any system not constructed or designed and
constructed as of July 13, 2009 (the effective date of Public
Act 96-37) this amendatory Act of the 96th General Assembly.
The cost of the systems and of the permanent noise monitoring
reports under Section 15 of this Act shall be borne by the
airport sponsor.
(b) On or before June 30, 2018, each airport shall upgrade
its permanent noise monitoring system to be capable of
producing the data necessary to meet the requirements of this
Act enacted in Public Act 99-202. On June 30, 2018 and
thereafter, an airport's permanent noise monitoring report and

noise contour maps shall be produced using the criteria in this
Act enacted in Public Act 99-202.
(Source: P.A. 100-165, eff. 8-18-17; revised 10-12-17.)
Section 545. The Illinois Vehicle Code is amended by
changing Sections 1-118, 1-205.1, 1-205.2, 3-414, 3-611,
3-699.14, 3-802, 3-809, 3-810, 3-810.1, 4-203, 4-216, 5-104,
5-104.3, 5-503, 6-103, 6-115, 7-216, 7-604, 11-208, 12-503,
12-601, 12-606, 12-806, 12-825, 15-301, and 15-308.2 as
follows:
(625 ILCS 5/1-118) (from Ch. 95 1/2, par. 1-118)
Sec. 1-118. Essential parts. All integral and body parts of
a vehicle of a type required to be registered hereunder, the
removal, alteration or substitution of which would tend to
conceal the identity of the vehicle or substantially alter its
appearance, model, type or mode of operation. "Essential parts"
includes the following: vehicle hulks, shells, chassis,
frames, front end assemblies (which may consist of headlight,
grill, fenders and hood), front clip (front end assembly with
cowl attached), rear clip (which may consist of quarter panels,
fenders, floor and top), doors, hatchbacks, fenders, cabs, cab
clips, cowls, hoods, trunk lids, deck lids, bed, front bumper,
rear bumper, transmissions, seats, engines, and similar parts.
"Essential parts" Essential parts also includes fairings, fuel
tanks, and forks of motorcycles. "Essential parts" Essential

parts shall also include stereo radios.
An essential part which does not have affixed to it an
identification number as defined in Section 1-129 adopts the
identification number of the vehicle to which such part is
affixed, installed or mounted.
"Essential parts" An "essential part" does not include an
engine, transmission, or a rear axle that is used in a glider
kit.
(Source: P.A. 99-748, eff. 8-5-16; 100-409, eff. 8-25-17;
revised 10-12-17.)
(625 ILCS 5/1-205.1) (from Ch. 95 1/2, par. 1-205.1)
Sec. 1-205.1. Tow truck Tow-Truck. Every truck designed or
altered and equipped for and used to push, tow, carry upon, or
draw vehicles by means of a crane, hoist, towbar, towline or
auxiliary axle, or carried upon to render assistance to
disabled vehicles, except for any truck tractor temporarily
converted to a tow truck by means of a portable wrecker unit
attached to the fifth wheel of the truck tractor and used only
by the owner to tow a disabled vehicle also owned by him or her
and never used for hire.
(Source: P.A. 89-245, eff. 1-1-96; 90-89, eff. 1-1-98; revised
10-12-17.)
(625 ILCS 5/1-205.2) (from Ch. 95 1/2, par. 1-205.2)
Sec. 1-205.2. Tower. A person who owns or operates a tow

truck tow-truck or a wrecker.
(Source: P.A. 83-1473; revised 10-12-17.)
(625 ILCS 5/3-414) (from Ch. 95 1/2, par. 3-414)
Sec. 3-414. Expiration of registration.
(a) Every vehicle registration under this Chapter and every
registration card and registration plate or registration
sticker issued hereunder to a vehicle shall be for the periods
specified in this Chapter and shall expire at midnight on the
day and date specified in this Section as follows:
1. When registered on a calendar year basis commencing
January 1, expiration shall be on the 31st day of December
or at such other date as may be selected in the discretion
of the Secretary of State; however, through December 31,
2004, registrations of apportionable vehicles,
motorcycles, motor driven cycles and pedalcycles shall
commence on the first day of April and shall expire March
31st of the following calendar year;
1.1. Beginning January 1, 2005, registrations of
motorcycles and motor driven cycles shall commence on
January 1 and shall expire on December 31 or on another
date that may be selected by the Secretary; registrations
of apportionable vehicles and pedalcycles, however, shall
commence on the first day of April and shall expire March
31 of the following calendar year;
2. When registered on a 2 calendar year basis

commencing January 1 of an even-numbered year, expiration
shall be on the 31st day of December of the ensuing
odd-numbered year, or at such other later date as may be
selected in the discretion of the Secretary of State not
beyond March 1 next;
3. When registered on a fiscal year basis commencing
July 1, expiration shall be on the 30th day of June or at
such other later date as may be selected in the discretion
of the Secretary of State not beyond September 1 next;
4. When registered on a 2 fiscal year basis commencing
July 1 of an even-numbered year, expiration shall be on the
30th day of June of the ensuing even-numbered year, or at
such other later date as may be selected in the discretion
of the Secretary of State not beyond September 1 next;
5. When registered on a 4 fiscal year basis commencing
July 1 of an even-numbered year, expiration shall be on the
30th day of June of the second ensuing even-numbered year,
or at such other later date as may be selected in the
discretion of the Secretary of State not beyond September 1
next.
(a-5) The Secretary may, in his or her discretion, require
an owner of a motor vehicle of the first division or a motor
vehicle of the second division weighing not more than 8,000
pounds to select the owner's birthday as the date of
registration expiration under this Section. If the motor
vehicle has more than one registered owner, the owners may

select one registered owner's birthday as the date of
registration expiration. The Secretary may adopt any rules
necessary to implement this subsection.
(b) Vehicle registrations of vehicles of the first division
shall be for a calendar year, 2 calendar year, 3 calendar year,
or 5 calendar year basis as provided for in this Chapter.
Vehicle registrations of vehicles under Sections 3-807,
3-808 and 3-809 shall be on an indefinite term basis or a 2
calendar year basis as provided for in this Chapter.
Vehicle registrations for vehicles of the second division
shall be for a fiscal year, 2 fiscal year or calendar year
basis as provided for in this Chapter.
Motor vehicles registered under the provisions of Section
3-402.1 shall be issued multi-year registration plates with a
new registration card issued annually upon payment of the
appropriate fees. Motor vehicles registered under the
provisions of Section 3-405.3 shall be issued multi-year
registration plates with a new multi-year registration card
issued pursuant to subsections (j), (k), and (l) of this
Section upon payment of the appropriate fees. Apportionable
trailers and apportionable semitrailers registered under the
provisions of Section 3-402.1 shall be issued multi-year
registration plates and cards that will be subject to
revocation for failure to pay annual fees required by Section
3-814.1. The Secretary shall determine when these vehicles
shall be issued new registration plates.

(c) Every vehicle registration specified in Section 3-810
and every registration card and registration plate or
registration sticker issued thereunder shall expire on the 31st
day of December of each year or at such other date as may be
selected in the discretion of the Secretary of State.
(d) Every vehicle registration for a vehicle of the second
division weighing over 8,000 pounds, except as provided in
subsection paragraph (g) of this Section, and every
registration card and registration plate or registration
sticker, where applicable, issued hereunder to such vehicles
shall be issued for a fiscal year commencing on July 1st of
each registration year. However, the Secretary of State may,
pursuant to an agreement or arrangement or declaration
providing for apportionment of a fleet of vehicles with other
jurisdictions, provide for registration of such vehicles under
apportionment or for all of the vehicles registered in Illinois
by an applicant who registers some of his vehicles under
apportionment on a calendar year basis instead, and the fees or
taxes to be paid on a calendar year basis shall be identical to
those specified in this Code Act for a fiscal year
registration. Provision for installment payment may also be
made.
(e) Semitrailer registrations under apportionment may be
on a calendar year under a reciprocal agreement or arrangement
and all other semitrailer registrations shall be on fiscal year
or 2 fiscal year or 4 fiscal year basis as provided for in this

Chapter.
(f) The Secretary of State may convert annual registration
plates or 2-year registration plates, whether registered on a
calendar year or fiscal year basis, to multi-year plates. The
determination of which plate categories and when to convert to
multi-year plates is solely within the discretion of the
Secretary of State.
(g) After January 1, 1975, each registration, registration
card and registration plate or registration sticker, where
applicable, issued for a recreational vehicle or recreational
or camping trailer, except a house trailer, used exclusively by
the owner for recreational purposes, and not used commercially
nor as a truck or bus, nor for hire, shall be on a calendar year
basis; except that the Secretary of State shall provide for
registration and the issuance of registration cards and plates
or registration stickers, where applicable, for one 6-month
period in order to accomplish an orderly transition from a
fiscal year to a calendar year basis. Fees and taxes due under
this Code Act for a registration year shall be appropriately
reduced for such 6-month transitional registration period.
(h) The Secretary of State may, in order to accomplish an
orderly transition for vehicles registered under Section
3-402.1 of this Code from a calendar year registration to a
March 31st expiration, require applicants to pay fees and taxes
due under this Code on a 15 month registration basis. However,
if in the discretion of the Secretary of State this creates an

undue hardship on any applicant the Secretary may allow the
applicant to pay 3 month fees and taxes at the time of
registration and the additional 12 month fees and taxes to be
payable no later than March 31, 1992.
(i) The Secretary of State may stagger registrations, or
change the annual expiration date, as necessary for the
convenience of the public and the efficiency of his Office. In
order to appropriately and effectively accomplish any such
staggering, the Secretary of State is authorized to prorate all
required registration fees, rounded to the nearest dollar, but
in no event for a period longer than 18 months, at a monthly
rate for a 12-month 12 month registration fee.
(j) The Secretary of State may enter into an agreement with
a rental owner, as defined in Section 3-400 of this Code, who
registers a fleet of motor vehicles of the first division
pursuant to Section 3-405.3 of this Code to provide for the
registration of the rental owner's vehicles on a 2 or 3
calendar year basis and the issuance of multi-year registration
plates with a new registration card issued up to every 3 years.
(k) The Secretary of State may provide multi-year
registration cards for any registered fleet of motor vehicles
of the first or second division that are registered pursuant to
Section 3-405.3 of this Code. Each motor vehicle of the
registered fleet must carry a an unique multi-year registration
card that displays the vehicle identification number of the
registered motor vehicle. The Secretary of State shall

promulgate rules in order to implement multi-year
registrations.
(l) Beginning with the 2018 registration year, the
Secretary of State may enter into an agreement with a rental
owner, as defined in Section 3-400 of this Code, who registers
a fleet of motor vehicles of the first division under Section
3-405.3 of this Code to provide for the registration of the
rental owner's vehicle on a 5 calendar year basis. Motor
vehicles registered on a 5 calendar year basis shall be issued
a distinct registration plate that expires on a 5-year cycle.
The Secretary may prorate the registration of these
registration plates to the length of time remaining in the
5-year cycle. The Secretary may adopt any rules necessary to
implement this subsection.
(Source: P.A. 99-80, eff. 1-1-16; 99-644, eff. 1-1-17; 100-201,
eff. 8-18-17; revised 10-12-17.)
(625 ILCS 5/3-611) (from Ch. 95 1/2, par. 3-611)
Sec. 3-611. Special designations. The Secretary of State,
in his discretion, may make special designations of certain
designs or combinations of designs, or alphabetical letters or
combination of letters, or colors or combination of colors
pertaining to registration plates issued to vehicles owned by
governmental agencies, vehicles owned and registered by State
and federal elected officials, retired Illinois Supreme Court
justices, and appointed federal cabinet officials, vehicles

operated by taxi or livery businesses, operated in connection
with mileage weight registrations, or operated by a dealer,
transporter, or manufacturer as the Secretary of State may deem
necessary for the proper administration of this Code Act. In
the case of registration plates issued for vehicles operated by
or for persons with disabilities, as defined by Section
1-159.1, under Section 3-616 of this Code Act, the Secretary of
State, upon request, shall make such special designations so
that automobiles bearing such plates are easily recognizable
through thru use of the international accessibility symbol as
automobiles driven by or for such persons. In the case of
registration plates issued for vehicles operated by a person
with a disability with a type four hearing disability, as
defined pursuant to Section 4A of the The Illinois
Identification Card Act, the Secretary of State, upon request,
shall make such special designations so that a motor vehicle
bearing such plate is easily recognizable by a special symbol
indicating that such vehicle is driven by a person with a
hearing disability. Registration plates issued to a person who
is deaf or hard of hearing under this Section shall not entitle
a motor vehicle bearing such plates to those parking privileges
established for persons with disabilities under this Code. In
the case of registration plates issued for State-owned State
owned vehicles, they shall be manufactured in compliance with
Section 2 of the State Vehicle Identification Act "An Act
relating to identification and use of motor vehicles of the

State, approved August 9, 1951, as amended". In the case of
plates issued for State officials, such plates may be issued
for a 2-year 2 year period beginning January 1st of each
odd-numbered year and ending December 31st of the subsequent
even-numbered year.
(Source: P.A. 99-143, eff. 7-27-15; revised 10-12-17.)
(625 ILCS 5/3-699.14)
Sec. 3-699.14. Universal special license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary, may issue
Universal special license plates to residents of Illinois on
behalf of organizations that have been authorized by the
General Assembly to issue decals for Universal special license
plates. Appropriate documentation, as determined by the
Secretary, shall accompany each application. Authorized
organizations shall be designated by amendment to this Section.
When applying for a Universal special license plate the
applicant shall inform the Secretary of the name of the
authorized organization from which the applicant will obtain a
decal to place on the plate. The Secretary shall make a record
of that organization and that organization shall remain
affiliated with that plate until the plate is surrendered,
revoked, or otherwise cancelled. The authorized organization
may charge a fee to offset the cost of producing and

distributing the decal, but that fee shall be retained by the
authorized organization and shall be separate and distinct from
any registration fees charged by the Secretary. No decal,
sticker, or other material may be affixed to a Universal
special license plate other than a decal authorized by the
General Assembly in this Section or a registration renewal
sticker. The special plates issued under this Section shall be
affixed only to passenger vehicles of the first division,
including motorcycles and autocycles, or motor vehicles of the
second division weighing not more than 8,000 pounds. Plates
issued under this Section shall expire according to the
multi-year procedure under Section 3-414.1 of this Code.
(b) The design, color, and format of the Universal special
license plate shall be wholly within the discretion of the
Secretary. Universal special license plates are not required to
designate "Land of Lincoln", as prescribed in subsection (b) of
Section 3-412 of this Code. The design shall allow for the
application of a decal to the plate. Organizations authorized
by the General Assembly to issue decals for Universal special
license plates shall comply with rules adopted by the Secretary
governing the requirements for and approval of Universal
special license plate decals. The Secretary may, in his or her
discretion, allow Universal special license plates to be issued
as vanity or personalized plates in accordance with Section
3-405.1 of this Code. The Secretary of State must make a
version of the special registration plates authorized under

this Section in a form appropriate for motorcycles and
autocycles.
(c) When authorizing a Universal special license plate, the
General Assembly shall set forth whether an additional fee is
to be charged for the plate and, if a fee is to be charged, the
amount of the fee and how the fee is to be distributed. When
necessary, the authorizing language shall create a special fund
in the State treasury into which fees may be deposited for an
authorized Universal special license plate. Additional fees
may only be charged if the fee is to be paid over to a State
agency or to a charitable entity that is in compliance with the
registration and reporting requirements of the Charitable
Trust Act and the Solicitation for Charity Act. Any charitable
entity receiving fees for the sale of Universal special license
plates shall annually provide the Secretary of State a letter
of compliance issued by the Attorney General verifying that the
entity is in compliance with the Charitable Trust Act and the
Solicitation for Charity Act.
(d) Upon original issuance and for each registration
renewal period, in addition to the appropriate registration
fee, if applicable, the Secretary shall collect any additional
fees, if required, for issuance of Universal special license
plates. The fees shall be collected on behalf of the
organization designated by the applicant when applying for the
plate. All fees collected shall be transferred to the State
agency on whose behalf the fees were collected, or paid into

the special fund designated in the law authorizing the
organization to issue decals for Universal special license
plates. All money in the designated fund shall be distributed
by the Secretary subject to appropriation by the General
Assembly.
(e) The following organizations may issue decals for
Universal special license plates with the original and renewal
fees and fee distribution as follows:
(1) The Illinois Department of Natural Resources.
(A) Original issuance: $25; with $10 to the
Roadside Monarch Habitat Fund and $15 to the Secretary
of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Roadside Monarch
Habitat Fund and $2 to the Secretary of State Special
License Plate Fund.
(2) Illinois Veterans' Homes.
(A) Original issuance: $26, which shall be
deposited into the Illinois Veterans' Homes Fund.
(B) Renewal: $26, which shall be deposited into the
Illinois Veterans' Homes Fund.
(3) The Illinois Department of Human Services for
volunteerism decals.
(A) Original issuance: $25, which shall be
deposited into the Secretary of State Special License
Plate Fund.
(B) Renewal: $25, which shall be deposited into the

Secretary of State Special License Plate Fund.
(4) (3) The Illinois Department of Public Health.
(A) Original issuance: $25; with $10 to the
Prostate Cancer Awareness Fund and $15 to the Secretary
of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Prostate Cancer
Awareness Fund and $2 to the Secretary of State Special
License Plate Fund.
(5) (3) Horsemen's Council of Illinois.
(A) Original issuance: $25; with $10 to the
Horsemen's Council of Illinois Fund and $15 to the
Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Horsemen's
Council of Illinois Fund and $2 to the Secretary of
State Special License Plate Fund.
(f) The following funds are created as special funds in the
State treasury:
(1) The Roadside Monarch Habitat Fund. All moneys to be
paid as grants to the Illinois Department of Natural
Resources to fund roadside monarch and other pollinator
habitat development, enhancement, and restoration projects
in this State.
(2) The Prostate Cancer Awareness Fund. All moneys to
be paid as grants to the Prostate Cancer Foundation of
Chicago.
(3) (2) The Horsemen's Council of Illinois Fund. All

moneys shall be paid as grants to the Horsemen's Council of
Illinois.
(Source: P.A. 99-483, eff. 7-1-16; 99-723, eff. 8-5-16; 99-814,
eff. 1-1-17; 100-57, eff. 1-1-18; 100-60, eff. 1-1-18; 100-78,
eff. 1-1-18; 100-201, eff. 8-18-17; revised 1-21-18.)
(625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)
Sec. 3-802. Reclassifications and upgrades.
(a) Definitions. For the purposes of this Section, the
following words shall have the meanings ascribed to them as
follows:
"Reclassification" means changing the registration of
a vehicle from one plate category to another.
"Upgrade" means increasing the registered weight of a
vehicle within the same plate category.
(b) When reclassing the registration of a vehicle from one
plate category to another, the owner shall receive credit for
the unused portion of the present plate and be charged the
current portion fees for the new plate. In addition, the
appropriate replacement plate and replacement sticker fees
shall be assessed.
(b-5) Beginning with the 2019 registration year, any
individual who has a registration issued under either Section
3-405 or 3-405.1 that qualifies for a special license plate
under Section Sections 3-609, 3-609.1, 3-620, 3-621, 3-622,
3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647,

3-650, 3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677,
3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, or 3-699.12
may reclass his or her registration upon acquiring a special
license plate listed in this subsection (b-5) without a
replacement plate fee or registration sticker cost.
(b-10) Beginning with the 2019 registration year, any
individual who has a special license plate issued under Section
3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625,
3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-664,
3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683,
3-686, 3-688, 3-693, 3-698, or 3-699.12 may reclass his or her
special license plate upon acquiring a new registration under
Section 3-405 or 3-405.1 without a replacement plate fee or
registration sticker cost.
(c) When upgrading the weight of a registration within the
same plate category, the owner shall pay the difference in
current period fees between the two plates. In addition, the
appropriate replacement plate and replacement sticker fees
shall be assessed. In the event new plates are not required,
the corrected registration card fee shall be assessed.
(d) In the event the owner of the vehicle desires to change
the registered weight and change the plate category, the owner
shall receive credit for the unused portion of the registration
fee of the current plate and pay the current portion of the
registration fee for the new plate, and in addition, pay the
appropriate replacement plate and replacement sticker fees.

(e) Reclassing from one plate category to another plate
category can be done only once within any registration period.
(f) No refunds shall be made in any of the circumstances
found in subsection (b), subsection (c), or subsection (d);
however, when reclassing from a flat weight plate to an
apportioned plate, a refund may be issued if the credit amounts
to an overpayment.
(g) In the event the registration of a vehicle registered
under the mileage tax option is revoked, the owner shall be
required to pay the annual registration fee in the new plate
category and shall not receive any credit for the mileage plate
fees.
(h) Certain special interest plates may be displayed on
first division vehicles, second division vehicles weighing
8,000 pounds or less, and recreational vehicles. Those plates
can be transferred within those vehicle groups.
(i) Plates displayed on second division vehicles weighing
8,000 pounds or less and passenger vehicle plates may be
reclassed from one division to the other.
(j) Other than in subsection (i), reclassing from one
division to the other division is prohibited. In addition, a
reclass from a motor vehicle to a trailer or a trailer to a
motor vehicle is prohibited.
(Source: P.A. 99-809, eff. 1-1-17; 100-246, eff. 1-1-18;
100-450, eff. 1-1-18; revised 10-12-17.)

(625 ILCS 5/3-809) (from Ch. 95 1/2, par. 3-809)
Sec. 3-809. Farm machinery, exempt vehicles and fertilizer
spreaders; registration fee.
(a) Vehicles of the second division having a corn sheller,
a well driller, hay press, clover huller, feed mixer and
unloader, or other farm machinery permanently mounted thereon
and used solely for transporting the same, farm wagon type
trailers having a fertilizer spreader attachment permanently
mounted thereon, having a gross weight of not to exceed 36,000
pounds and used only for the transportation of bulk fertilizer,
and farm wagon type tank trailers of not to exceed 3,000
gallons capacity, used during the liquid fertilizer season as
field-storage "nurse tanks" supplying the fertilizer to a field
applicator and moved on highways only for bringing the
fertilizer from a local source of supply to farm or field or
from one farm or field to another, or used during the lime
season and moved on the highways only for bringing from a local
source of supply to farm or field or from one farm or field to
another, shall be registered upon the filing of a proper
application and the payment of a registration fee of $13 per
2-year registration period. This registration fee of $13 shall
be paid in full and shall not be reduced even though such
registration is made after the beginning of the registration
period.
(b) Vehicles exempt from registration under the provisions
of subsection A of Section 3-402 3-402.A of this Code Act, as

amended, except those vehicles required to be registered under
subsection paragraph (c) of this Section, may, at the option of
the owner, be identified as exempt vehicles by displaying
registration plates issued by the Secretary of State. The owner
thereof may apply for such permanent, non-transferable
registration plates upon the filing of a proper application and
the payment of a registration fee of $13. The application for
and display of such registration plates for identification
purposes by vehicles exempt from registration shall not be
deemed as a waiver or rescission of its exempt status, nor make
such vehicle subject to registration. Nothing in this Section
prohibits the towing of another vehicle by the exempt vehicle
if the towed vehicle:
(i) does not exceed the registered weight of 8,000
pounds;
(ii) is used exclusively for transportation to and from
the work site;
(iii) is not used for carrying counter weights or other
material related to the operation of the exempt vehicle
while under tow; and
(iv) displays proper and current registration plates.
(c) Any single unit self-propelled agricultural fertilizer
implement, designed for both on and off road use, equipped with
flotation tires and otherwise specially adapted for the
application of plant food materials or agricultural chemicals,
desiring to be operated upon the highways ladened with load

shall be registered upon the filing of a proper application and
payment of a registration fee of $250. The registration fee
shall be paid in full and shall not be reduced even though such
registration is made during the second half of the registration
year. These vehicles shall, whether loaded or unloaded, be
limited to a maximum gross weight of 36,000 pounds, restricted
to a highway speed of not more than 30 miles per hour and a
legal width of not more than 12 feet. Such vehicles shall be
limited to the furthering of agricultural or horticultural
pursuits and in furtherance of these pursuits, such vehicles
may be operated upon the highway, within a 50-mile 50 mile
radius of their point of loading as indicated on the written or
printed statement required by the Illinois Fertilizer Act of
1961, for the purpose of moving plant food materials or
agricultural chemicals to the field, or from field to field,
for the sole purpose of application.
No single unit self-propelled agricultural fertilizer
implement, designed for both on and off road use, equipped with
flotation tires and otherwise specially adapted for the
application of plant food materials or agricultural chemicals,
having a width of more than 12 feet or a gross weight in excess
of 36,000 pounds, shall be permitted to operate upon the
highways ladened with load.
Whenever any vehicle is operated in violation of subsection
(c) of this Section, the owner or the driver of such vehicle
shall be deemed guilty of a petty offense and either may be

prosecuted for such violation.
(Source: P.A. 100-201, eff. 8-18-17; revised 10-12-17.)
(625 ILCS 5/3-810) (from Ch. 95 1/2, par. 3-810)
Sec. 3-810. Dealers, manufacturers, engine and driveline
component manufacturers, transporters, and repossessors;
registration plates Manufacturers, Engine and Driveline
Component Manufacturers, Transporters and Repossessors -
Registration Plates. (a) Dealers, manufacturers, and
transporters registered under this Code Act may obtain
registration plates for use as provided in this Code Act, at
the following rates:
Initial set of dealer's, manufacturer's, or
transporter's "in-transit" plates: $45
Duplicate Plates: $13
Manufacturers of engine and driveline components
registered under this Code Act may obtain registration
plates at the following rates:
Initial set of "test vehicle" plates: $94
Duplicate plates: $25
Repossessors and other persons qualified and registered
under Section 3-601 of this Code Act may obtain registration
plates at the rate of $45 per set.
(Source: P.A. 91-37, eff. 7-1-99; revised 11-8-17.)
(625 ILCS 5/3-810.1) (from Ch. 95 1/2, par. 3-810.1)

Sec. 3-810.1. Tow truck; registration plates Tow-Truck -
Registration Plates. Tow truck Tow-Truck operators registered
under this Code Act may obtain registration plates for use as
provided in this Code Act at the rate per set provided in
subsection (a) of Section 3-815 of this Code for each vehicle
so registered.
(Source: P.A. 83-1473; revised 10-10-17.)
(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
(Text of Section before amendment by P.A. 100-537)
Sec. 4-203. Removal of motor vehicles or other vehicles;
towing or hauling away.
(a) When a vehicle is abandoned, or left unattended, on a
toll highway, interstate highway, or expressway for 2 hours or
more, its removal by a towing service may be authorized by a
law enforcement agency having jurisdiction.
(b) When a vehicle is abandoned on a highway in an urban
district 10 hours or more, its removal by a towing service may
be authorized by a law enforcement agency having jurisdiction.
(c) When a vehicle is abandoned or left unattended on a
highway other than a toll highway, interstate highway, or
expressway, outside of an urban district for 24 hours or more,
its removal by a towing service may be authorized by a law
enforcement agency having jurisdiction.
(d) When an abandoned, unattended, wrecked, burned or
partially dismantled vehicle is creating a traffic hazard

because of its position in relation to the highway or its
physical appearance is causing the impeding of traffic, its
immediate removal from the highway or private property adjacent
to the highway by a towing service may be authorized by a law
enforcement agency having jurisdiction.
(e) Whenever a peace officer reasonably believes that a
person under arrest for a violation of Section 11-501 of this
Code or a similar provision of a local ordinance is likely,
upon release, to commit a subsequent violation of Section
11-501, or a similar provision of a local ordinance, the
arresting officer shall have the vehicle which the person was
operating at the time of the arrest impounded for a period of
not more than 12 hours after the time of arrest. However, such
vehicle may be released by the arresting law enforcement agency
prior to the end of the impoundment period if:
(1) the vehicle was not owned by the person under
arrest, and the lawful owner requesting such release
possesses a valid operator's license, proof of ownership,
and would not, as determined by the arresting law
enforcement agency, indicate a lack of ability to operate a
motor vehicle in a safe manner, or who would otherwise, by
operating such motor vehicle, be in violation of this Code;
or
(2) the vehicle is owned by the person under arrest,
and the person under arrest gives permission to another
person to operate such vehicle, provided however, that the

other person possesses a valid operator's license and would
not, as determined by the arresting law enforcement agency,
indicate a lack of ability to operate a motor vehicle in a
safe manner or who would otherwise, by operating such motor
vehicle, be in violation of this Code.
(e-5) Whenever a registered owner of a vehicle is taken
into custody for operating the vehicle in violation of Section
11-501 of this Code or a similar provision of a local ordinance
or Section 6-303 of this Code, a law enforcement officer may
have the vehicle immediately impounded for a period not less
than:
(1) 24 hours for a second violation of Section 11-501
of this Code or a similar provision of a local ordinance or
Section 6-303 of this Code or a combination of these
offenses; or
(2) 48 hours for a third violation of Section 11-501 of
this Code or a similar provision of a local ordinance or
Section 6-303 of this Code or a combination of these
offenses.
The vehicle may be released sooner if the vehicle is owned
by the person under arrest and the person under arrest gives
permission to another person to operate the vehicle and that
other person possesses a valid operator's license and would
not, as determined by the arresting law enforcement agency,
indicate a lack of ability to operate a motor vehicle in a safe
manner or would otherwise, by operating the motor vehicle, be

in violation of this Code.
(f) Except as provided in Chapter 18a of this Code, the
owner or lessor of privately owned real property within this
State, or any person authorized by such owner or lessor, or any
law enforcement agency in the case of publicly owned real
property may cause any motor vehicle abandoned or left
unattended upon such property without permission to be removed
by a towing service without liability for the costs of removal,
transportation or storage or damage caused by such removal,
transportation or storage. The towing or removal of any vehicle
from private property without the consent of the registered
owner or other legally authorized person in control of the
vehicle is subject to compliance with the following conditions
and restrictions:
1. Any towed or removed vehicle must be stored at the
site of the towing service's place of business. The site
must be open during business hours, and for the purpose of
redemption of vehicles, during the time that the person or
firm towing such vehicle is open for towing purposes.
2. The towing service shall within 30 minutes of
completion of such towing or removal, notify the law
enforcement agency having jurisdiction of such towing or
removal, and the make, model, color and license plate
number of the vehicle, and shall obtain and record the name
of the person at the law enforcement agency to whom such
information was reported.

3. If the registered owner or legally authorized person
entitled to possession of the vehicle shall arrive at the
scene prior to actual removal or towing of the vehicle, the
vehicle shall be disconnected from the tow truck and that
person shall be allowed to remove the vehicle without
interference, upon the payment of a reasonable service fee
of not more than one half the posted rate of the towing
service as provided in paragraph 6 of this subsection, for
which a receipt shall be given.
4. The rebate or payment of money or any other valuable
consideration from the towing service or its owners,
managers or employees to the owners or operators of the
premises from which the vehicles are towed or removed, for
the privilege of removing or towing those vehicles, is
prohibited. Any individual who violates this paragraph
shall be guilty of a Class A misdemeanor.
5. Except for property appurtenant to and obviously a
part of a single family residence, and except for instances
where notice is personally given to the owner or other
legally authorized person in control of the vehicle that
the area in which that vehicle is parked is reserved or
otherwise unavailable to unauthorized vehicles and they
are subject to being removed at the owner or operator's
expense, any property owner or lessor, prior to towing or
removing any vehicle from private property without the
consent of the owner or other legally authorized person in

control of that vehicle, must post a notice meeting the
following requirements:
a. Except as otherwise provided in subparagraph
a.1 of this subdivision (f)5, the notice must be
prominently placed at each driveway access or curb cut
allowing vehicular access to the property within 5 feet
from the public right-of-way line. If there are no
curbs or access barriers, the sign must be posted not
less than one sign each 100 feet of lot frontage.
a.1. In a municipality with a population of less
than 250,000, as an alternative to the requirement of
subparagraph a of this subdivision (f)5, the notice for
a parking lot contained within property used solely for
a 2-family, 3-family, or 4-family residence may be
prominently placed at the perimeter of the parking lot,
in a position where the notice is visible to the
occupants of vehicles entering the lot.
b. The notice must indicate clearly, in not less
than 2 inch high light-reflective letters on a
contrasting background, that unauthorized vehicles
will be towed away at the owner's expense.
c. The notice must also provide the name and
current telephone number of the towing service towing
or removing the vehicle.
d. The sign structure containing the required
notices must be permanently installed with the bottom

of the sign not less than 4 feet above ground level,
and must be continuously maintained on the property for
not less than 24 hours prior to the towing or removing
of any vehicle.
6. Any towing service that tows or removes vehicles and
proposes to require the owner, operator, or person in
control of the vehicle to pay the costs of towing and
storage prior to redemption of the vehicle must file and
keep on record with the local law enforcement agency a
complete copy of the current rates to be charged for such
services, and post at the storage site an identical rate
schedule and any written contracts with property owners,
lessors, or persons in control of property which authorize
them to remove vehicles as provided in this Section. The
towing and storage charges, however, shall not exceed the
maximum allowed by the Illinois Commerce Commission under
Section 18a-200.
7. No person shall engage in the removal of vehicles
from private property as described in this Section without
filing a notice of intent in each community where he
intends to do such removal, and such notice shall be filed
at least 7 days before commencing such towing.
8. No removal of a vehicle from private property shall
be done except upon express written instructions of the
owners or persons in charge of the private property upon
which the vehicle is said to be trespassing.

9. Vehicle entry for the purpose of removal shall be
allowed with reasonable care on the part of the person or
firm towing the vehicle. Such person or firm shall be
liable for any damages occasioned to the vehicle if such
entry is not in accordance with the standards of reasonable
care.
9.5. Except as authorized by a law enforcement officer,
no towing service shall engage in the removal of a
commercial motor vehicle that requires a commercial
driver's license to operate by operating the vehicle under
its own power on a highway.
10. When a vehicle has been towed or removed pursuant
to this Section, it must be released to its owner,
custodian, agent, or lienholder within one half hour after
requested, if such request is made during business hours.
Any vehicle owner, custodian, agent, or lienholder shall
have the right to inspect the vehicle before accepting its
return, and no release or waiver of any kind which would
release the towing service from liability for damages
incurred during the towing and storage may be required from
any vehicle owner or other legally authorized person as a
condition of release of the vehicle. A detailed, signed
receipt showing the legal name of the towing service must
be given to the person paying towing or storage charges at
the time of payment, whether requested or not.
This Section shall not apply to law enforcement,

firefighting, rescue, ambulance, or other emergency vehicles
which are marked as such or to property owned by any
governmental entity.
When an authorized person improperly causes a motor vehicle
to be removed, such person shall be liable to the owner or
lessee of the vehicle for the cost or removal, transportation
and storage, any damages resulting from the removal,
transportation and storage, attorney's fee and court costs.
Any towing or storage charges accrued shall be payable in
cash or by cashier's check, certified check, debit card, credit
card, or wire transfer, at the option of the party taking
possession of the vehicle.
11. Towing companies shall also provide insurance
coverage for areas where vehicles towed under the
provisions of this Chapter will be impounded or otherwise
stored, and shall adequately cover loss by fire, theft or
other risks.
Any person who fails to comply with the conditions and
restrictions of this subsection shall be guilty of a Class C
misdemeanor and shall be fined not less than $100 nor more than
$500.
(g)(1) When a vehicle is determined to be a hazardous
dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
Illinois Municipal Code or Section 5-12002.1 of the Counties
Code, its removal and impoundment by a towing service may be
authorized by a law enforcement agency with appropriate

jurisdiction.
(2) When a vehicle removal from either public or private
property is authorized by a law enforcement agency, the owner
of the vehicle shall be responsible for all towing and storage
charges.
(3) Vehicles removed from public or private property and
stored by a commercial vehicle relocator or any other towing
service authorized by a law enforcement agency in compliance
with this Section and Sections 4-201 and 4-202 of this Code, or
at the request of the vehicle owner or operator, shall be
subject to a possessor lien for services pursuant to the Labor
and Storage Lien (Small Amount) Act. The provisions of Section
1 of that Act relating to notice and implied consent shall be
deemed satisfied by compliance with Section 18a-302 and
subsection (6) of Section 18a-300. In no event shall such lien
be greater than the rate or rates established in accordance
with subsection (6) of Section 18a-200 of this Code. In no
event shall such lien be increased or altered to reflect any
charge for services or materials rendered in addition to those
authorized by this Code Act. Every such lien shall be payable
in cash or by cashier's check, certified check, debit card,
credit card, or wire transfer, at the option of the party
taking possession of the vehicle.
(4) Any personal property belonging to the vehicle owner in
a vehicle subject to a lien under this subsection (g) shall
likewise be subject to that lien, excepting only: child

restraint systems as defined in Section 4 of the Child
Passenger Protection Act and other child booster seats;
eyeglasses; food; medicine; perishable property; any
operator's licenses; any cash, credit cards, or checks or
checkbooks; any wallet, purse, or other property containing any
operator's license or other identifying documents or
materials, cash, credit cards, checks, or checkbooks; and any
personal property belonging to a person other than the vehicle
owner if that person provides adequate proof that the personal
property belongs to that person. The spouse, child, mother,
father, brother, or sister of the vehicle owner may claim
personal property excepted under this paragraph (4) if the
person claiming the personal property provides the commercial
vehicle relocator or towing service with the authorization of
the vehicle owner.
(5) This paragraph (5) applies only in the case of a
vehicle that is towed as a result of being involved in an
accident. In addition to the personal property excepted under
paragraph (4), all other personal property in a vehicle subject
to a lien under this subsection (g) is exempt from that lien
and may be claimed by the vehicle owner if the vehicle owner
provides the commercial vehicle relocator or towing service
with proof that the vehicle owner has an insurance policy
covering towing and storage fees. The spouse, child, mother,
father, brother, or sister of the vehicle owner may claim
personal property in a vehicle subject to a lien under this

subsection (g) if the person claiming the personal property
provides the commercial vehicle relocator or towing service
with the authorization of the vehicle owner and proof that the
vehicle owner has an insurance policy covering towing and
storage fees. The regulation of liens on personal property and
exceptions to those liens in the case of vehicles towed as a
result of being involved in an accident are exclusive powers
and functions of the State. A home rule unit may not regulate
liens on personal property and exceptions to those liens in the
case of vehicles towed as a result of being involved in an
accident. This paragraph (5) is a denial and limitation of home
rule powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(6) No lien under this subsection (g) shall: exceed $2,000
in its total amount; or be increased or altered to reflect any
charge for services or materials rendered in addition to those
authorized by this Code Act.
(h) Whenever a peace officer issues a citation to a driver
for a violation of subsection (a) of Section 11-506 of this
Code, the arresting officer may have the vehicle which the
person was operating at the time of the arrest impounded for a
period of 5 days after the time of arrest. An impounding agency
shall release a motor vehicle impounded under this subsection
(h) to the registered owner of the vehicle under any of the
following circumstances:
(1) If the vehicle is a stolen vehicle; or

(2) If the person ticketed for a violation of
subsection (a) of Section 11-506 of this Code was not
authorized by the registered owner of the vehicle to
operate the vehicle at the time of the violation; or
(3) If the registered owner of the vehicle was neither
the driver nor a passenger in the vehicle at the time of
the violation or was unaware that the driver was using the
vehicle to engage in street racing; or
(4) If the legal owner or registered owner of the
vehicle is a rental car agency; or
(5) If, prior to the expiration of the impoundment
period specified above, the citation is dismissed or the
defendant is found not guilty of the offense.
(i) Except for vehicles exempted under subsection (b) of
Section 7-601 of this Code, whenever a law enforcement officer
issues a citation to a driver for a violation of Section 3-707
of this Code, and the driver has a prior conviction for a
violation of Section 3-707 of this Code in the past 12 months,
the arresting officer shall authorize the removal and
impoundment of the vehicle by a towing service.
(Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17;
revised 10-10-17.)
(Text of Section after amendment by P.A. 100-537)
Sec. 4-203. Removal of motor vehicles or other vehicles;
towing or hauling away.

(a) When a vehicle is abandoned, or left unattended, on a
toll highway, interstate highway, or expressway for 2 hours or
more, its removal by a towing service may be authorized by a
law enforcement agency having jurisdiction.
(b) When a vehicle is abandoned on a highway in an urban
district 10 hours or more, its removal by a towing service may
be authorized by a law enforcement agency having jurisdiction.
(c) When a vehicle is abandoned or left unattended on a
highway other than a toll highway, interstate highway, or
expressway, outside of an urban district for 24 hours or more,
its removal by a towing service may be authorized by a law
enforcement agency having jurisdiction.
(d) When an abandoned, unattended, wrecked, burned or
partially dismantled vehicle is creating a traffic hazard
because of its position in relation to the highway or its
physical appearance is causing the impeding of traffic, its
immediate removal from the highway or private property adjacent
to the highway by a towing service may be authorized by a law
enforcement agency having jurisdiction.
(e) Whenever a peace officer reasonably believes that a
person under arrest for a violation of Section 11-501 of this
Code or a similar provision of a local ordinance is likely,
upon release, to commit a subsequent violation of Section
11-501, or a similar provision of a local ordinance, the
arresting officer shall have the vehicle which the person was
operating at the time of the arrest impounded for a period of

12 hours after the time of arrest. However, such vehicle may be
released by the arresting law enforcement agency prior to the
end of the impoundment period if:
(1) the vehicle was not owned by the person under
arrest, and the lawful owner requesting such release
possesses a valid operator's license, proof of ownership,
and would not, as determined by the arresting law
enforcement agency, indicate a lack of ability to operate a
motor vehicle in a safe manner, or who would otherwise, by
operating such motor vehicle, be in violation of this Code;
or
(2) the vehicle is owned by the person under arrest,
and the person under arrest gives permission to another
person to operate such vehicle, provided however, that the
other person possesses a valid operator's license and would
not, as determined by the arresting law enforcement agency,
indicate a lack of ability to operate a motor vehicle in a
safe manner or who would otherwise, by operating such motor
vehicle, be in violation of this Code.
(e-5) Whenever a registered owner of a vehicle is taken
into custody for operating the vehicle in violation of Section
11-501 of this Code or a similar provision of a local ordinance
or Section 6-303 of this Code, a law enforcement officer may
have the vehicle immediately impounded for a period not less
than:
(1) 24 hours for a second violation of Section 11-501

of this Code or a similar provision of a local ordinance or
Section 6-303 of this Code or a combination of these
offenses; or
(2) 48 hours for a third violation of Section 11-501 of
this Code or a similar provision of a local ordinance or
Section 6-303 of this Code or a combination of these
offenses.
The vehicle may be released sooner if the vehicle is owned
by the person under arrest and the person under arrest gives
permission to another person to operate the vehicle and that
other person possesses a valid operator's license and would
not, as determined by the arresting law enforcement agency,
indicate a lack of ability to operate a motor vehicle in a safe
manner or would otherwise, by operating the motor vehicle, be
in violation of this Code.
(f) Except as provided in Chapter 18a of this Code, the
owner or lessor of privately owned real property within this
State, or any person authorized by such owner or lessor, or any
law enforcement agency in the case of publicly owned real
property may cause any motor vehicle abandoned or left
unattended upon such property without permission to be removed
by a towing service without liability for the costs of removal,
transportation or storage or damage caused by such removal,
transportation or storage. The towing or removal of any vehicle
from private property without the consent of the registered
owner or other legally authorized person in control of the

vehicle is subject to compliance with the following conditions
and restrictions:
1. Any towed or removed vehicle must be stored at the
site of the towing service's place of business. The site
must be open during business hours, and for the purpose of
redemption of vehicles, during the time that the person or
firm towing such vehicle is open for towing purposes.
2. The towing service shall within 30 minutes of
completion of such towing or removal, notify the law
enforcement agency having jurisdiction of such towing or
removal, and the make, model, color and license plate
number of the vehicle, and shall obtain and record the name
of the person at the law enforcement agency to whom such
information was reported.
3. If the registered owner or legally authorized person
entitled to possession of the vehicle shall arrive at the
scene prior to actual removal or towing of the vehicle, the
vehicle shall be disconnected from the tow truck and that
person shall be allowed to remove the vehicle without
interference, upon the payment of a reasonable service fee
of not more than one half the posted rate of the towing
service as provided in paragraph 6 of this subsection, for
which a receipt shall be given.
4. The rebate or payment of money or any other valuable
consideration from the towing service or its owners,
managers or employees to the owners or operators of the

premises from which the vehicles are towed or removed, for
the privilege of removing or towing those vehicles, is
prohibited. Any individual who violates this paragraph
shall be guilty of a Class A misdemeanor.
5. Except for property appurtenant to and obviously a
part of a single family residence, and except for instances
where notice is personally given to the owner or other
legally authorized person in control of the vehicle that
the area in which that vehicle is parked is reserved or
otherwise unavailable to unauthorized vehicles and they
are subject to being removed at the owner or operator's
expense, any property owner or lessor, prior to towing or
removing any vehicle from private property without the
consent of the owner or other legally authorized person in
control of that vehicle, must post a notice meeting the
following requirements:
a. Except as otherwise provided in subparagraph
a.1 of this subdivision (f)5, the notice must be
prominently placed at each driveway access or curb cut
allowing vehicular access to the property within 5 feet
from the public right-of-way line. If there are no
curbs or access barriers, the sign must be posted not
less than one sign each 100 feet of lot frontage.
a.1. In a municipality with a population of less
than 250,000, as an alternative to the requirement of
subparagraph a of this subdivision (f)5, the notice for

a parking lot contained within property used solely for
a 2-family, 3-family, or 4-family residence may be
prominently placed at the perimeter of the parking lot,
in a position where the notice is visible to the
occupants of vehicles entering the lot.
b. The notice must indicate clearly, in not less
than 2 inch high light-reflective letters on a
contrasting background, that unauthorized vehicles
will be towed away at the owner's expense.
c. The notice must also provide the name and
current telephone number of the towing service towing
or removing the vehicle.
d. The sign structure containing the required
notices must be permanently installed with the bottom
of the sign not less than 4 feet above ground level,
and must be continuously maintained on the property for
not less than 24 hours prior to the towing or removing
of any vehicle.
6. Any towing service that tows or removes vehicles and
proposes to require the owner, operator, or person in
control of the vehicle to pay the costs of towing and
storage prior to redemption of the vehicle must file and
keep on record with the local law enforcement agency a
complete copy of the current rates to be charged for such
services, and post at the storage site an identical rate
schedule and any written contracts with property owners,

lessors, or persons in control of property which authorize
them to remove vehicles as provided in this Section. The
towing and storage charges, however, shall not exceed the
maximum allowed by the Illinois Commerce Commission under
Section 18a-200.
7. No person shall engage in the removal of vehicles
from private property as described in this Section without
filing a notice of intent in each community where he
intends to do such removal, and such notice shall be filed
at least 7 days before commencing such towing.
8. No removal of a vehicle from private property shall
be done except upon express written instructions of the
owners or persons in charge of the private property upon
which the vehicle is said to be trespassing.
9. Vehicle entry for the purpose of removal shall be
allowed with reasonable care on the part of the person or
firm towing the vehicle. Such person or firm shall be
liable for any damages occasioned to the vehicle if such
entry is not in accordance with the standards of reasonable
care.
9.5. Except as authorized by a law enforcement officer,
no towing service shall engage in the removal of a
commercial motor vehicle that requires a commercial
driver's license to operate by operating the vehicle under
its own power on a highway.
10. When a vehicle has been towed or removed pursuant

to this Section, it must be released to its owner,
custodian, agent, or lienholder within one half hour after
requested, if such request is made during business hours.
Any vehicle owner, custodian, agent, or lienholder shall
have the right to inspect the vehicle before accepting its
return, and no release or waiver of any kind which would
release the towing service from liability for damages
incurred during the towing and storage may be required from
any vehicle owner or other legally authorized person as a
condition of release of the vehicle. A detailed, signed
receipt showing the legal name of the towing service must
be given to the person paying towing or storage charges at
the time of payment, whether requested or not.
This Section shall not apply to law enforcement,
firefighting, rescue, ambulance, or other emergency
vehicles which are marked as such or to property owned by
any governmental entity.
When an authorized person improperly causes a motor
vehicle to be removed, such person shall be liable to the
owner or lessee of the vehicle for the cost or removal,
transportation and storage, any damages resulting from the
removal, transportation and storage, attorney's fee and
court costs.
Any towing or storage charges accrued shall be payable
in cash or by cashier's check, certified check, debit card,
credit card, or wire transfer, at the option of the party

taking possession of the vehicle.
11. Towing companies shall also provide insurance
coverage for areas where vehicles towed under the
provisions of this Chapter will be impounded or otherwise
stored, and shall adequately cover loss by fire, theft or
other risks.
Any person who fails to comply with the conditions and
restrictions of this subsection shall be guilty of a Class C
misdemeanor and shall be fined not less than $100 nor more than
$500.
(g)(1) When a vehicle is determined to be a hazardous
dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
Illinois Municipal Code or Section 5-12002.1 of the Counties
Code, its removal and impoundment by a towing service may be
authorized by a law enforcement agency with appropriate
jurisdiction.
(2) When a vehicle removal from either public or private
property is authorized by a law enforcement agency, the owner
of the vehicle shall be responsible for all towing and storage
charges.
(3) Vehicles removed from public or private property and
stored by a commercial vehicle relocator or any other towing
service authorized by a law enforcement agency in compliance
with this Section and Sections 4-201 and 4-202 of this Code, or
at the request of the vehicle owner or operator, shall be
subject to a possessor lien for services pursuant to the Labor

and Storage Lien (Small Amount) Act. The provisions of Section
1 of that Act relating to notice and implied consent shall be
deemed satisfied by compliance with Section 18a-302 and
subsection (6) of Section 18a-300. In no event shall such lien
be greater than the rate or rates established in accordance
with subsection (6) of Section 18a-200 of this Code. In no
event shall such lien be increased or altered to reflect any
charge for services or materials rendered in addition to those
authorized by this Code Act. Every such lien shall be payable
in cash or by cashier's check, certified check, debit card,
credit card, or wire transfer, at the option of the party
taking possession of the vehicle.
(4) Any personal property belonging to the vehicle owner in
a vehicle subject to a lien under this subsection (g) shall
likewise be subject to that lien, excepting only: child
restraint systems as defined in Section 4 of the Child
Passenger Protection Act and other child booster seats;
eyeglasses; food; medicine; perishable property; any
operator's licenses; any cash, credit cards, or checks or
checkbooks; any wallet, purse, or other property containing any
operator's license or other identifying documents or
materials, cash, credit cards, checks, or checkbooks; and any
personal property belonging to a person other than the vehicle
owner if that person provides adequate proof that the personal
property belongs to that person. The spouse, child, mother,
father, brother, or sister of the vehicle owner may claim

personal property excepted under this paragraph (4) if the
person claiming the personal property provides the commercial
vehicle relocator or towing service with the authorization of
the vehicle owner.
(5) This paragraph (5) applies only in the case of a
vehicle that is towed as a result of being involved in an
accident. In addition to the personal property excepted under
paragraph (4), all other personal property in a vehicle subject
to a lien under this subsection (g) is exempt from that lien
and may be claimed by the vehicle owner if the vehicle owner
provides the commercial vehicle relocator or towing service
with proof that the vehicle owner has an insurance policy
covering towing and storage fees. The spouse, child, mother,
father, brother, or sister of the vehicle owner may claim
personal property in a vehicle subject to a lien under this
subsection (g) if the person claiming the personal property
provides the commercial vehicle relocator or towing service
with the authorization of the vehicle owner and proof that the
vehicle owner has an insurance policy covering towing and
storage fees. The regulation of liens on personal property and
exceptions to those liens in the case of vehicles towed as a
result of being involved in an accident are exclusive powers
and functions of the State. A home rule unit may not regulate
liens on personal property and exceptions to those liens in the
case of vehicles towed as a result of being involved in an
accident. This paragraph (5) is a denial and limitation of home

rule powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(6) No lien under this subsection (g) shall: exceed $2,000
in its total amount; or be increased or altered to reflect any
charge for services or materials rendered in addition to those
authorized by this Code Act.
(h) Whenever a peace officer issues a citation to a driver
for a violation of subsection (a) of Section 11-506 of this
Code, the arresting officer may have the vehicle which the
person was operating at the time of the arrest impounded for a
period of 5 days after the time of arrest. An impounding agency
shall release a motor vehicle impounded under this subsection
(h) to the registered owner of the vehicle under any of the
following circumstances:
(1) If the vehicle is a stolen vehicle; or
(2) If the person ticketed for a violation of
subsection (a) of Section 11-506 of this Code was not
authorized by the registered owner of the vehicle to
operate the vehicle at the time of the violation; or
(3) If the registered owner of the vehicle was neither
the driver nor a passenger in the vehicle at the time of
the violation or was unaware that the driver was using the
vehicle to engage in street racing; or
(4) If the legal owner or registered owner of the
vehicle is a rental car agency; or
(5) If, prior to the expiration of the impoundment

period specified above, the citation is dismissed or the
defendant is found not guilty of the offense.
(i) Except for vehicles exempted under subsection (b) of
Section 7-601 of this Code, whenever a law enforcement officer
issues a citation to a driver for a violation of Section 3-707
of this Code, and the driver has a prior conviction for a
violation of Section 3-707 of this Code in the past 12 months,
the arresting officer shall authorize the removal and
impoundment of the vehicle by a towing service.
(Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17;
100-537, eff. 6-1-18; revised 10-10-17.)
(625 ILCS 5/4-216)
Sec. 4-216. Storage fees; notice to lienholder of record.
(a) Any commercial vehicle relocator or any other private
towing service providing removal or towing services pursuant to
this Code and seeking to impose fees in connection with the
furnishing of storage for a vehicle in the possession of the
commercial vehicle relocator or other private towing service
must provide written notice within 2 business days after the
vehicle is removed or towed, by certified mail, return receipt
requested, to the lienholder of record, regardless of whether
the commercial vehicle relocator or other private towing
service enforces a lien under the Labor and Storage Lien Act or
the Labor and Storage Lien (Small Amount) Act. The notice shall
be effective upon mailing and include the rate at which fees

will be incurred, and shall provide the lienholder with an
opportunity to inspect the vehicle on the premises where the
vehicle is stored within 2 business days of the lienholder's
request. The date on which the assessment and accrual of
storage fees may commence is the date of the impoundment of the
vehicle, subject to any applicable limitations set forth by a
municipality authorizing the vehicle removal. Payment of the
storage fees by the lienholder may be made in cash or by
cashier's check, certified check, debit card, credit card, or
wire transfer, at the option of the lienholder taking
possession of the vehicle. The commercial vehicle relocator or
other private towing service shall furnish a copy of the
certified mail receipt to the lienholder upon request.
(b) The notification requirements in subsection (a) of this
Section apply in addition to any lienholder notice requirements
under this Code relating to the removal or towing of an
abandoned, lost, stolen, or unclaimed vehicle. If the
commercial vehicle relocator or other private towing service
fails to comply with the notification requirements set forth in
subsection (a) of this Section, storage fees shall not be
assessed and collected and the lienholder shall be entitled to
injunctive relief for possession of the vehicle without the
payment of any storage fees.
(c) If the notification required under subsection (a) was
not sent and a lienholder discovers its collateral is in the
possession of a commercial vehicle relocator or other private

towing service by means other than the notification required in
subsection (a) of this Section, the lienholder is entitled to
recover any storage fees paid to the commercial vehicle
relocator or other private towing service to reclaim possession
of its collateral.
(d) An action under this Section may be brought by the
lienholder against the commercial vehicle locator or other
private towing service in the circuit court.
(e) Notwithstanding any provision to the contrary in this
Code Act or the Illinois Vehicle Code, a commercial vehicle
relocator or other private towing service seeking to impose
storage fees for a vehicle in its possession may not foreclose
or otherwise enforce its claim for payment of storage services
or any lien relating to the claim pursuant to this Code or
other applicable law unless it first complies with the
lienholder notification requirements set forth in subsection
(a) of this Section.
(f) If the vehicle that is removed or towed is registered
in a state other than Illinois, the assessment and accrual of
storage fees may commence on the date that the request for
lienholder information is filed by the commercial vehicle
relocator or other private towing service with the applicable
administrative agency or office in that state if: (i) the
commercial vehicle relocator or other private towing service
furnishes the lienholder with a copy or proof of filing of the
request for lienholder information; (ii) the commercial

vehicle relocator or other private towing service provides to
the lienholder of record the notification required by this
Section within one business day after receiving the requested
lienholder information; and (iii) the assessment of storage
fees complies with any applicable limitations set forth by a
municipality authorizing the vehicle removal.
(Source: P.A. 100-311, eff. 11-23-17; revised 10-10-17.)
(625 ILCS 5/5-104) (from Ch. 95 1/2, par. 5-104)
Sec. 5-104. (a) On and after January 1, 1976, each
manufacturer of a 1976 or later model year vehicle of the first
division manufactured for sale in this State, other than a
motorcycle, shall clearly and conspicuously indicate, on the
price listing affixed to the vehicle pursuant to the
"Automobile Information Disclosure Act", (15 United States
Code 1231 through 1233), the following, with the appropriate
gasoline mileage figure:
"In tests for fuel economy in city and highway driving
conducted by the United States Environmental Protection
Agency, this passenger vehicle obtained ....... miles per
gallon of gasoline.".
(Source: P.A. 79-747; revised 11-8-17.)
(625 ILCS 5/5-104.3)
Sec. 5-104.3. Disclosure of rebuilt vehicle.
(a) No person shall knowingly, with intent to defraud or

deceive another, sell a vehicle for which a rebuilt title has
been issued unless that vehicle is accompanied by a Disclosure
of Rebuilt Vehicle Status form, properly signed and delivered
to the buyer.
(a-5) No dealer or rebuilder licensed under Sections 5-101,
5-102, or 5-301 of this Code shall sell a vehicle for which a
rebuilt title has been issued from another jurisdiction without
first obtaining an Illinois certificate of title with a
"REBUILT" notation under Section 3-118.1 of this Code.
(b) The Secretary of State may by rule or regulation
prescribe the format and information contained in the
Disclosure of Rebuilt Vehicle Status form.
(c) A violation of subsection subsections (a) or (a-5) of
this Section is a Class A misdemeanor. A second or subsequent
violation of subsection subsections (a) or (a-5) of this
Section is a Class 4 felony.
(Source: P.A. 100-104, eff. 11-9-17; revised 10-10-17.)
(625 ILCS 5/5-503) (from Ch. 95 1/2, par. 5-503)
Sec. 5-503. Failure to obtain dealer's license, operation
of a business with a suspended or revoked license.
(a) Any person operating a business for which he is
required to be licensed under Section 5-101, 5-101.2, 5-102,
5-201, or 5-301 who fails to apply for such a license or
licenses within 15 days after being informed in writing by the
Secretary of State that he must obtain such a license or

licenses is subject to a civil action brought by the Secretary
of State for operating a business without a license in the
circuit court in the county in which the business is located.
If the person is found to be in violation of Section 5-101,
5-101.2, 5-102, 5-201, or 5-301 by carrying on a business
without being properly licensed, that person shall be fined
$300 for each business day he conducted his business without
such a license after the expiration of the 15-day 15 day period
specified in this subsection (a).
(b) Any person who, having had his license or licenses
issued under Section 5-101, 5-101.2, 5-102, 5-201, or 5-301
suspended, revoked, nonrenewed, cancelled, or denied by the
Secretary of State under Section 5-501 or 5-501.5 of this Code,
continues to operate business after the effective date of such
revocation, nonrenewal, suspension, cancellation, or denial
may be sued in a civil action by the Secretary of State in the
county in which the established or additional place of such
business is located. Except as provided in subsection (e) of
Section 5-501.5 of this Code, if such person is found by the
court to have operated such a business after the license or
licenses required for conducting such business have been
suspended, revoked, nonrenewed, cancelled, or denied, that
person shall be fined $500 for each day he conducted business
thereafter.
(Source: P.A. 100-409, eff. 8-25-17; 100-450, eff. 1-1-18;
revised 1-22-18.)

(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,
renew, or allow the retention of any driver's license nor issue
any permit under this Code:
1. To any person, as a driver, who is under the age of
18 years except as provided in Section 6-107, and except
that an instruction permit may be issued under Section
6-107.1 to a child who is not less than 15 years of age if
the child is enrolled in an approved driver education
course as defined in Section 1-103 of this Code and
requires an instruction permit to participate therein,
except that an instruction permit may be issued under the
provisions of Section 6-107.1 to a child who is 17 years
and 3 months of age without the child having enrolled in an
approved driver education course and except that an
instruction permit may be issued to a child who is at least
15 years and 3 months of age, is enrolled in school, meets
the educational requirements of the Driver Education Act,
and has passed examinations the Secretary of State in his
or her discretion may prescribe;
1.5. To any person at least 18 years of age but less
than 21 years of age unless the person has, in addition to
any other requirements of this Code, successfully
completed an adult driver education course as provided in

Section 6-107.5 of this Code;
2. To any person who is under the age of 18 as an
operator of a motorcycle other than a motor driven cycle
unless the person has, in addition to meeting the
provisions of Section 6-107 of this Code, successfully
completed a motorcycle training course approved by the
Illinois Department of Transportation and successfully
completes the required Secretary of State's motorcycle
driver's examination;
3. To any person, as a driver, whose driver's license
or permit has been suspended, during the suspension, nor to
any person whose driver's license or permit has been
revoked, except as provided in Sections 6-205, 6-206, and
6-208;
4. To any person, as a driver, who is a user of alcohol
or any other drug to a degree that renders the person
incapable of safely driving a motor vehicle;
5. To any person, as a driver, who has previously been
adjudged to be afflicted with or suffering from any mental
or physical disability or disease and who has not at the
time of application been restored to competency by the
methods provided by law;
6. To any person, as a driver, who is required by the
Secretary of State to submit an alcohol and drug evaluation
or take an examination provided for in this Code unless the
person has successfully passed the examination and

submitted any required evaluation;
7. To any person who is required under the provisions
of the laws of this State to deposit security or proof of
financial responsibility and who has not deposited the
security or proof;
8. To any person when the Secretary of State has good
cause to believe that the person by reason of physical or
mental disability would not be able to safely operate a
motor vehicle upon the highways, unless the person shall
furnish to the Secretary of State a verified written
statement, acceptable to the Secretary of State, from a
competent medical specialist, a licensed physician
assistant, or a licensed advanced practice registered
nurse, to the effect that the operation of a motor vehicle
by the person would not be inimical to the public safety;
9. To any person, as a driver, who is 69 years of age
or older, unless the person has successfully complied with
the provisions of Section 6-109;
10. To any person convicted, within 12 months of
application for a license, of any of the sexual offenses
enumerated in paragraph 2 of subsection (b) of Section
6-205;
11. To any person who is under the age of 21 years with
a classification prohibited in paragraph (b) of Section
6-104 and to any person who is under the age of 18 years
with a classification prohibited in paragraph (c) of

Section 6-104;
12. To any person who has been either convicted of or
adjudicated under the Juvenile Court Act of 1987 based upon
a violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act while that person was in
actual physical control of a motor vehicle. For purposes of
this Section, any person placed on probation under Section
10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act shall
not be considered convicted. Any person found guilty of
this offense, while in actual physical control of a motor
vehicle, shall have an entry made in the court record by
the judge that this offense did occur while the person was
in actual physical control of a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State as such. The Secretary of State shall not issue a
new license or permit for a period of one year;
13. To any person who is under the age of 18 years and
who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section
6-101 or a similar out of state offense;
14. To any person who is 90 days or more delinquent in
court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days'

obligation or more and who has been found in contempt of
court for failure to pay the support, subject to the
requirements and procedures of Article VII of Chapter 7 of
the Illinois Vehicle Code;
14.5. To any person certified by the Illinois
Department of Healthcare and Family Services as being 90
days or more delinquent in payment of support under an
order of support entered by a court or administrative body
of this or any other State, subject to the requirements and
procedures of Article VII of Chapter 7 of this Code
regarding those certifications;
15. To any person released from a term of imprisonment
for violating Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision of a law
of another state relating to reckless homicide or for
violating subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code relating to aggravated
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof, if the violation was the proximate
cause of a death, within 24 months of release from a term
of imprisonment;
16. To any person who, with intent to influence any act
related to the issuance of any driver's license or permit,
by an employee of the Secretary of State's Office, or the
owner or employee of any commercial driver training school

licensed by the Secretary of State, or any other individual
authorized by the laws of this State to give driving
instructions or administer all or part of a driver's
license examination, promises or tenders to that person any
property or personal advantage which that person is not
authorized by law to accept. Any persons promising or
tendering such property or personal advantage shall be
disqualified from holding any class of driver's license or
permit for 120 consecutive days. The Secretary of State
shall establish by rule the procedures for implementing
this period of disqualification and the procedures by which
persons so disqualified may obtain administrative review
of the decision to disqualify;
17. To any person for whom the Secretary of State
cannot verify the accuracy of any information or
documentation submitted in application for a driver's
license;
18. To any person who has been adjudicated under the
Juvenile Court Act of 1987 based upon an offense that is
determined by the court to have been committed in
furtherance of the criminal activities of an organized
gang, as provided in Section 5-710 of that Act, and that
involved the operation or use of a motor vehicle or the use
of a driver's license or permit. The person shall be denied
a license or permit for the period determined by the court;
or

19. To any person who holds a REAL ID compliant
identification card or REAL ID compliant Person with a
Disability Identification Card issued under the Illinois
Identification Card Act. Any such person may, at his or her
discretion, surrender the REAL ID compliant identification
card or REAL ID compliant Person with a Disability
Identification Card in order to become eligible to obtain a
REAL ID compliant driver's license.
The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 99-173, eff. 7-29-15; 99-511, eff. 1-1-17;
100-248, eff. 8-22-17; 100-513, eff. 1-1-18; revised
10-12-17.)
(625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
Sec. 6-115. Expiration of driver's license.
(a) Except as provided elsewhere in this Section, every
driver's license issued under the provisions of this Code shall
expire 4 years from the date of its issuance, or at such later
date, as the Secretary of State may by proper rule and
regulation designate, not to exceed 12 calendar months; in the
event that an applicant for renewal of a driver's license fails
to apply prior to the expiration date of the previous driver's
license, the renewal driver's license shall expire 4 years from
the expiration date of the previous driver's license, or at

such later date as the Secretary of State may by proper rule
and regulation designate, not to exceed 12 calendar months.
The Secretary of State may, however, issue to a person not
previously licensed as a driver in Illinois a driver's license
which will expire not less than 4 years nor more than 5 years
from date of issuance, except as provided elsewhere in this
Section.
(a-5) Every driver's license issued under this Code to an
applicant who is not a United States citizen or permanent
resident shall be marked "Limited Term" and shall expire on
whichever is the earlier date of the following:
(1) as provided under subsection (a), (f), (g), or (i)
of this Section; or
(2) on the date the applicant's authorized stay in the
United States terminates; or
(3) if the applicant's authorized stay is indefinite
and the applicant is applying for a Limited Term REAL ID
compliant driver's license, one year from the date of
issuance of the license.
(b) Before the expiration of a driver's license, except
those licenses expiring on the individual's 21st birthday, or 3
months after the individual's 21st birthday, the holder thereof
may apply for a renewal thereof, subject to all the provisions
of Section 6-103, and the Secretary of State may require an
examination of the applicant. A licensee whose driver's license
expires on his 21st birthday, or 3 months after his 21st

birthday, may not apply for a renewal of his driving privileges
until he reaches the age of 21.
(c) The Secretary of State shall, 30 days prior to the
expiration of a driver's license, forward to each person whose
license is to expire a notification of the expiration of said
license which may be presented at the time of renewal of said
license.
There may be included with such notification information
explaining the anatomical gift and Emergency Medical
Information Card provisions of Section 6-110. The format and
text of such information shall be prescribed by the Secretary.
There shall be included with such notification, for a
period of 4 years beginning January 1, 2000 information
regarding the Illinois Adoption Registry and Medical
Information Exchange established in Section 18.1 of the
Adoption Act.
(d) The Secretary may defer the expiration of the driver's
license of a licensee, spouse, and dependent children who are
living with such licensee while on active duty, serving in the
Armed Forces of the United States outside of the State of
Illinois, and 120 days thereafter, upon such terms and
conditions as the Secretary may prescribe.
(d-5) The Secretary may defer the expiration of the
driver's license of a licensee, or of a spouse or dependent
children living with the licensee, serving as a civilian
employee of the United States Armed Forces or the United States

Department of Defense, outside of the State of Illinois, and
120 days thereafter, upon such terms and conditions as the
Secretary may prescribe.
(e) The Secretary of State may decline to process a renewal
of a driver's license of any person who has not paid any fee or
tax due under this Code and is not paid upon reasonable notice
and demand.
(f) The Secretary shall provide that each original or
renewal driver's license issued to a licensee under 21 years of
age shall expire 3 months after the licensee's 21st birthday.
Persons whose current driver's licenses expire on their 21st
birthday on or after January 1, 1986 shall not renew their
driver's license before their 21st birthday, and their current
driver's license will be extended for an additional term of 3
months beyond their 21st birthday. Thereafter, the expiration
and term of the driver's license shall be governed by
subsection (a) hereof.
(g) The Secretary shall provide that each original or
renewal driver's license issued to a licensee 81 years of age
through age 86 shall expire 2 years from the date of issuance,
or at such later date as the Secretary may by rule and
regulation designate, not to exceed an additional 12 calendar
months. The Secretary shall also provide that each original or
renewal driver's license issued to a licensee 87 years of age
or older shall expire 12 months from the date of issuance, or
at such later date as the Secretary may by rule and regulation

designate, not to exceed an additional 12 calendar months.
(h) The Secretary of State shall provide that each special
restricted driver's license issued under subsection (g) of
Section 6-113 of this Code shall expire 12 months from the date
of issuance. The Secretary shall adopt rules defining renewal
requirements.
(i) The Secretary of State shall provide that each driver's
license issued to a person convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act shall
expire 12 months from the date of issuance or at such date as
the Secretary may by rule designate, not to exceed an
additional 12 calendar months. The Secretary may adopt rules
defining renewal requirements.
(Source: P.A. 99-118, eff. 1-1-16; 99-305, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-248, eff. 8-22-17; revised 10-10-17.)
(625 ILCS 5/7-216) (from Ch. 95 1/2, par. 7-216)
Sec. 7-216. Reciprocity; residents and nonresidents;
licensing Reciprocity - Residents and nonresidents - Licensing
of nonresidents.
(a) When a nonresident's operating privilege is suspended
pursuant to Section 7-205 the Secretary of State shall transmit
a certified copy of the record of such action to the official
in charge of the issuance of driver's license and registration
certificates in the state in which such nonresident resides, if
the law of such other state provides for action in relation

thereto similar to that provided for in subsection paragraph
(b).
(b) Upon receipt of such certification that the operating
privilege of a resident of this State has been suspended or
revoked in any such other state pursuant to a law providing for
its suspension or revocation for failure to deposit security
for the payment of judgments arising out of a motor vehicle
accident, or for failure to deposit security under
circumstances which would require the Secretary of State to
suspend a nonresident's operating privilege had the motor
vehicle accident occurred in this State, the Secretary of State
shall suspend the driver's license of such resident and all
other registrations. Such suspension shall continue until such
resident furnishes evidence of compliance with the law of such
other state relating to the deposit of such security.
(c) In case the operator or the owner of a motor vehicle
involved in a motor vehicle accident within this State has no
driver's license or registration, such operator shall not be
allowed a driver's license or registration until the operator
has complied with the requirements of Sections 7-201 through
thru 7-216 to the same extent that would be necessary if, at
the time of the motor vehicle accident, such operator had held
a license and registration.
(Source: P.A. 83-831; revised 10-6-17.)
(625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)

Sec. 7-604. Verification of liability insurance policy.
(a) The Secretary of State may select random samples of
registrations of motor vehicles subject to Section 7-601 of
this Code, or owners thereof, for the purpose of verifying
whether or not the motor vehicles are insured.
In addition to such general random samples of motor vehicle
registrations, the Secretary may select for verification other
random samples, including, but not limited to registrations of
motor vehicles owned by persons:
(1) whose motor vehicle registrations during the
preceding 4 years have been suspended pursuant to Section
7-606 or 7-607 of this Code;
(2) who during the preceding 4 years have been
convicted of violating Section 3-707, 3-708, or 3-710 of
this Code while operating vehicles owned by other persons;
(3) whose driving privileges have been suspended
during the preceding 4 years;
(4) who during the preceding 4 years acquired ownership
of motor vehicles while the registrations of such vehicles
under the previous owners were suspended pursuant to
Section 7-606 or 7-607 of this Code; or
(5) who during the preceding 4 years have received a
disposition of supervision under subsection (c) of Section
5-6-1 of the Unified Code of Corrections for a violation of
Section 3-707, 3-708, or 3-710 of this Code.
(b) Upon receiving certification from the Department of

Transportation under Section 7-201.2 of this Code of the name
of an owner or operator of any motor vehicle involved in an
accident, the Secretary may verify whether or not at the time
of the accident such motor vehicle was covered by a liability
insurance policy in accordance with Section 7-601 of this Code.
(c) In preparation for selection of random samples and
their verification, the Secretary may send to owners of
randomly selected motor vehicles, or to randomly selected motor
vehicle owners, requests for information about their motor
vehicles and liability insurance coverage electronically or,
if electronic means are unavailable, via U.S. mail. The request
shall require the owner to state whether or not the motor
vehicle was insured on the verification date stated in the
Secretary's request and the request may require, but is not
limited to, a statement by the owner of the names and addresses
of insurers, policy numbers, and expiration dates of insurance
coverage.
(d) Within 30 days after the Secretary sends a request
under subsection (c) of this Section, the owner to whom it is
sent shall furnish the requested information to the Secretary
above the owner's signed affirmation that such information is
true and correct. Proof of insurance in effect on the
verification date, as prescribed by the Secretary, may be
considered by the Secretary to be a satisfactory response to
the request for information.
Any owner whose response indicates that his or her vehicle

was not covered by a liability insurance policy in accordance
with Section 7-601 of this Code shall be deemed to have
registered or maintained registration of a motor vehicle in
violation of that Section. Any owner who fails to respond to
such a request shall be deemed to have registered or maintained
registration of a motor vehicle in violation of Section 7-601
of this Code.
(e) If the owner responds to the request for information by
asserting that his or her vehicle was covered by a liability
insurance policy on the verification date stated in the
Secretary's request, the Secretary may conduct a verification
of the response by furnishing necessary information to the
insurer named in the response. The insurer shall within 45 days
inform the Secretary whether or not on the verification date
stated the motor vehicle was insured by the insurer in
accordance with Section 7-601 of this Code. The Secretary may
by rule and regulation prescribe the procedures for
verification.
(f) No random sample selected under this Section shall be
categorized on the basis of race, color, religion, sex,
national origin, ancestry, age, marital status, physical or
mental disability, economic status, or geography.
(g) (Blank).
(h) This Section shall be inoperative upon of the effective
date of the rules adopted by the Secretary to implement Section
7-603.5 of this Code.

(Source: P.A. 99-333, eff. 12-30-15 (see Section 15 of P.A.
99-483 for the effective date of changes made by P.A. 99-333);
99-737, eff. 8-5-16; 100-145, eff. 1-1-18; 100-373, eff.
1-1-18; revised 10-6-17.)
(625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
(Text of Section before amendment by P.A. 100-352)
Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to
prevent local authorities with respect to streets and highways
under their jurisdiction and within the reasonable exercise of
the police power from:
1. Regulating the standing or parking of vehicles,
except as limited by Sections 11-1306 and 11-1307 of this
Act;
2. Regulating traffic by means of police officers or
traffic control signals;
3. Regulating or prohibiting processions or
assemblages on the highways; and certifying persons to
control traffic for processions or assemblages;
4. Designating particular highways as one-way highways
and requiring that all vehicles thereon be moved in one
specific direction;
5. Regulating the speed of vehicles in public parks
subject to the limitations set forth in Section 11-604;
6. Designating any highway as a through highway, as

authorized in Section 11-302, and requiring that all
vehicles stop before entering or crossing the same or
designating any intersection as a stop intersection or a
yield right-of-way intersection and requiring all vehicles
to stop or yield the right-of-way at one or more entrances
to such intersections;
7. Restricting the use of highways as authorized in
Chapter 15;
8. Regulating the operation of bicycles, low-speed
electric bicycles, and low-speed gas bicycles, and
requiring the registration and licensing of same,
including the requirement of a registration fee;
9. Regulating or prohibiting the turning of vehicles or
specified types of vehicles at intersections;
10. Altering the speed limits as authorized in Section
11-604;
11. Prohibiting U-turns;
12. Prohibiting pedestrian crossings at other than
designated and marked crosswalks or at intersections;
13. Prohibiting parking during snow removal operation;
14. Imposing fines in accordance with Section
11-1301.3 as penalties for use of any parking place
reserved for persons with disabilities, as defined by
Section 1-159.1, or veterans with disabilities by any
person using a motor vehicle not bearing registration
plates specified in Section 11-1301.1 or a special decal or

device as defined in Section 11-1301.2 as evidence that the
vehicle is operated by or for a person with disabilities or
a veteran with a disability;
15. Adopting such other traffic regulations as are
specifically authorized by this Code; or
16. Enforcing the provisions of subsection (f) of
Section 3-413 of this Code or a similar local ordinance.
(b) No ordinance or regulation enacted under paragraph
subsections 1, 4, 5, 6, 7, 9, 10, 11 or 13 of subsection
paragraph (a) shall be effective until signs giving reasonable
notice of such local traffic regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more inhabitants
from prohibiting any person from driving or operating any motor
vehicle upon the roadways of such municipality with headlamps
on high beam or bright.
(d) The provisions of this Code shall not be deemed to
prevent local authorities within the reasonable exercise of
their police power from prohibiting, on private property, the
unauthorized use of parking spaces reserved for persons with
disabilities.
(e) No unit of local government, including a home rule
unit, may enact or enforce an ordinance that applies only to
motorcycles if the principal purpose for that ordinance is to
restrict the access of motorcycles to any highway or portion of
a highway for which federal or State funds have been used for

the planning, design, construction, or maintenance of that
highway. No unit of local government, including a home rule
unit, may enact an ordinance requiring motorcycle users to wear
protective headgear. Nothing in this subsection (e) shall
affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with
Section 12-602 of this Code. No unit of local government,
including a home rule unit, may regulate motorcycles in a
manner inconsistent with this Code. This subsection (e) is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(e-5) The City of Chicago may enact an ordinance providing
for a noise monitoring system upon any portion of the roadway
known as Lake Shore Drive. Twelve months after the installation
of the noise monitoring system, and any time after the first
report as the City deems necessary, the City of Chicago shall
prepare a noise monitoring report with the data collected from
the system and shall, upon request, make the report available
to the public. For purposes of this subsection (e-5), "noise
monitoring system" means an automated noise monitor capable of
recording noise levels 24 hours per day and 365 days per year
with computer equipment sufficient to process the data.
(f) A municipality or county designated in Section 11-208.6
may enact an ordinance providing for an automated traffic law
enforcement system to enforce violations of this Code or a

similar provision of a local ordinance and imposing liability
on a registered owner or lessee of a vehicle used in such a
violation.
(g) A municipality or county, as provided in Section
11-1201.1, may enact an ordinance providing for an automated
traffic law enforcement system to enforce violations of Section
11-1201 of this Code or a similar provision of a local
ordinance and imposing liability on a registered owner of a
vehicle used in such a violation.
(h) A municipality designated in Section 11-208.8 may enact
an ordinance providing for an automated speed enforcement
system to enforce violations of Article VI of Chapter 11 of
this Code or a similar provision of a local ordinance.
(i) A municipality or county designated in Section 11-208.9
may enact an ordinance providing for an automated traffic law
enforcement system to enforce violations of Section 11-1414 of
this Code or a similar provision of a local ordinance and
imposing liability on a registered owner or lessee of a vehicle
used in such a violation.
(Source: P.A. 99-143, eff. 7-27-15; 100-209, eff. 1-1-18;
100-257, eff. 8-22-17; revised 10-6-17.)
(Text of Section after amendment by P.A. 100-352)
Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to
prevent local authorities with respect to streets and highways

under their jurisdiction and within the reasonable exercise of
the police power from:
1. Regulating the standing or parking of vehicles,
except as limited by Sections 11-1306 and 11-1307 of this
Act;
2. Regulating traffic by means of police officers or
traffic control signals;
3. Regulating or prohibiting processions or
assemblages on the highways; and certifying persons to
control traffic for processions or assemblages;
4. Designating particular highways as one-way highways
and requiring that all vehicles thereon be moved in one
specific direction;
5. Regulating the speed of vehicles in public parks
subject to the limitations set forth in Section 11-604;
6. Designating any highway as a through highway, as
authorized in Section 11-302, and requiring that all
vehicles stop before entering or crossing the same or
designating any intersection as a stop intersection or a
yield right-of-way intersection and requiring all vehicles
to stop or yield the right-of-way at one or more entrances
to such intersections;
7. Restricting the use of highways as authorized in
Chapter 15;
8. Regulating the operation of bicycles, low-speed
electric bicycles, and low-speed gas bicycles, and

requiring the registration and licensing of same,
including the requirement of a registration fee;
9. Regulating or prohibiting the turning of vehicles or
specified types of vehicles at intersections;
10. Altering the speed limits as authorized in Section
11-604;
11. Prohibiting U-turns;
12. Prohibiting pedestrian crossings at other than
designated and marked crosswalks or at intersections;
13. Prohibiting parking during snow removal operation;
14. Imposing fines in accordance with Section
11-1301.3 as penalties for use of any parking place
reserved for persons with disabilities, as defined by
Section 1-159.1, or veterans with disabilities by any
person using a motor vehicle not bearing registration
plates specified in Section 11-1301.1 or a special decal or
device as defined in Section 11-1301.2 as evidence that the
vehicle is operated by or for a person with disabilities or
a veteran with a disability;
15. Adopting such other traffic regulations as are
specifically authorized by this Code; or
16. Enforcing the provisions of subsection (f) of
Section 3-413 of this Code or a similar local ordinance.
(b) No ordinance or regulation enacted under paragraph
subsections 1, 4, 5, 6, 7, 9, 10, 11 or 13 of subsection
paragraph (a) shall be effective until signs giving reasonable

notice of such local traffic regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more inhabitants
from prohibiting any person from driving or operating any motor
vehicle upon the roadways of such municipality with headlamps
on high beam or bright.
(d) The provisions of this Code shall not be deemed to
prevent local authorities within the reasonable exercise of
their police power from prohibiting, on private property, the
unauthorized use of parking spaces reserved for persons with
disabilities.
(e) No unit of local government, including a home rule
unit, may enact or enforce an ordinance that applies only to
motorcycles if the principal purpose for that ordinance is to
restrict the access of motorcycles to any highway or portion of
a highway for which federal or State funds have been used for
the planning, design, construction, or maintenance of that
highway. No unit of local government, including a home rule
unit, may enact an ordinance requiring motorcycle users to wear
protective headgear. Nothing in this subsection (e) shall
affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with
Section 12-602 of this Code. No unit of local government,
including a home rule unit, may regulate motorcycles in a
manner inconsistent with this Code. This subsection (e) is a
limitation under subsection (i) of Section 6 of Article VII of

the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(e-5) The City of Chicago may enact an ordinance providing
for a noise monitoring system upon any portion of the roadway
known as Lake Shore Drive. Twelve months after the installation
of the noise monitoring system, and any time after the first
report as the City deems necessary, the City of Chicago shall
prepare a noise monitoring report with the data collected from
the system and shall, upon request, make the report available
to the public. For purposes of this subsection (e-5), "noise
monitoring system" means an automated noise monitor capable of
recording noise levels 24 hours per day and 365 days per year
with computer equipment sufficient to process the data.
(e-10) (e-5) A unit of local government, including a home
rule unit, may not enact an ordinance prohibiting the use of
Automated Driving System equipped vehicles on its roadways.
Nothing in this subsection (e-10) (e-5) shall affect the
authority of a unit of local government to regulate Automated
Driving System equipped vehicles for traffic control purposes.
No unit of local government, including a home rule unit, may
regulate Automated Driving System equipped vehicles in a manner
inconsistent with this Code. For purposes of this subsection
(e-10) (e-5), "Automated Driving System equipped vehicle"
means any vehicle equipped with an Automated Driving System of
hardware and software that are collectively capable of
performing the entire dynamic driving task on a sustained

basis, regardless of whether it is limited to a specific
operational domain. This subsection (e-10) (e-5) is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(f) A municipality or county designated in Section 11-208.6
may enact an ordinance providing for an automated traffic law
enforcement system to enforce violations of this Code or a
similar provision of a local ordinance and imposing liability
on a registered owner or lessee of a vehicle used in such a
violation.
(g) A municipality or county, as provided in Section
11-1201.1, may enact an ordinance providing for an automated
traffic law enforcement system to enforce violations of Section
11-1201 of this Code or a similar provision of a local
ordinance and imposing liability on a registered owner of a
vehicle used in such a violation.
(h) A municipality designated in Section 11-208.8 may enact
an ordinance providing for an automated speed enforcement
system to enforce violations of Article VI of Chapter 11 of
this Code or a similar provision of a local ordinance.
(i) A municipality or county designated in Section 11-208.9
may enact an ordinance providing for an automated traffic law
enforcement system to enforce violations of Section 11-1414 of
this Code or a similar provision of a local ordinance and
imposing liability on a registered owner or lessee of a vehicle

used in such a violation.
(Source: P.A. 99-143, eff. 7-27-15; 100-209, eff. 1-1-18;
100-257, eff. 8-22-17; 100-352, eff. 6-1-18; revised 10-6-17.)
(625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
Sec. 12-503. Windshields must be unobstructed and equipped
with wipers.
(a) No person shall drive a motor vehicle with any sign,
poster, window application, reflective material, nonreflective
material or tinted film upon the front windshield, except that
a nonreflective tinted film may be used along the uppermost
portion of the windshield if such material does not extend more
than 6 inches down from the top of the windshield.
(a-3) No new or used motor vehicle dealer shall permit a
driver to drive a motor vehicle offered for sale or lease off
the premises where the motor vehicle is being offered for sale
or lease, including when the driver is test driving the
vehicle, with signs, decals, paperwork, or other material on
the front windshield or on the windows immediately adjacent to
each side of the driver that would obstruct the driver's view
in violation of subsection (a) of this Section. For purposes of
this subsection (a-3), "test driving" means when a driver, with
permission of the new or used vehicle dealer or employee of the
new or used vehicle dealer, drives a vehicle owned and held for
sale or lease by a new or used vehicle dealer that the driver
is considering to purchase or lease.

(a-5) No window treatment or tinting shall be applied to
the windows immediately adjacent to each side of the driver,
except:
(1) On vehicles where none of the windows to the rear
of the driver's seat are treated in a manner that allows
less than 30% light transmittance, a nonreflective tinted
film that allows at least 50% light transmittance, with a
5% variance observed by any law enforcement official
metering the light transmittance, may be used on the
vehicle windows immediately adjacent to each side of the
driver.
(2) On vehicles where none of the windows to the rear
of the driver's seat are treated in a manner that allows
less than 35% light transmittance, a nonreflective tinted
film that allows at least 35% light transmittance, with a
5% variance observed by any law enforcement official
metering the light transmittance, may be used on the
vehicle windows immediately adjacent to each side of the
driver.
(3) (Blank).
(4) On vehicles where a nonreflective smoked or tinted
glass that was originally installed by the manufacturer on
the windows to the rear of the driver's seat, a
nonreflective tint that allows at least 50% light
transmittance, with a 5% variance observed by a law
enforcement official metering the light transmittance, may

be used on the vehicle windows immediately adjacent to each
side of the driver.
(a-10) No person shall install or repair any material
prohibited by subsection (a) of this Section.
(1) Nothing in this subsection shall prohibit a person
from removing or altering any material prohibited by
subsection (a) to make a motor vehicle comply with the
requirements of this Section.
(2) Nothing in this subsection shall prohibit a person
from installing window treatment for a person with a
medical condition described in subsection (g) of this
Section. An installer who installs window treatment for a
person with a medical condition described in subsection (g)
must obtain a copy of the certified statement or letter
written by a physician described in subsection (g) from the
person with the medical condition prior to installing the
window treatment. The copy of the certified statement or
letter must be kept in the installer's permanent records.
(b) On motor vehicles where window treatment has not been
applied to the windows immediately adjacent to each side of the
driver, the use of a perforated window screen or other
decorative window application on windows to the rear of the
driver's seat shall be allowed.
(b-5) Any motor vehicle with a window to the rear of the
driver's seat treated in this manner shall be equipped with a
side mirror on each side of the motor vehicle which are in

conformance with Section 12-502.
(c) No person shall drive a motor vehicle with any objects
placed or suspended between the driver and the front
windshield, rear window, side wings or side windows immediately
adjacent to each side of the driver which materially obstructs
the driver's view.
(d) Every motor vehicle, except motorcycles, shall be
equipped with a device, controlled by the driver, for cleaning
rain, snow, moisture or other obstructions from the windshield;
and no person shall drive a motor vehicle with snow, ice,
moisture or other material on any of the windows or mirrors,
which materially obstructs the driver's clear view of the
highway.
(e) No person shall drive a motor vehicle when the
windshield, side or rear windows are in such defective
condition or repair as to materially impair the driver's view
to the front, side or rear. A vehicle equipped with a side
mirror on each side of the vehicle which are in conformance
with Section 12-502 will be deemed to be in compliance in the
event the rear window of the vehicle is materially obscured.
(f) Subsections Paragraphs (a), (a-5), (b), and (b-5) of
this Section shall not apply to:
(1) (Blank).
(2) those motor vehicles properly registered in
another jurisdiction.
(g) Subsections Paragraphs (a) and (a-5) of this Section

shall not apply to window treatment, including, but not limited
to, a window application, nonreflective material, or tinted
film, applied or affixed to a motor vehicle for which
distinctive license plates or license plate stickers have been
issued pursuant to subsection (k) of Section 3-412 of this
Code, and which:
(1) is owned and operated by a person afflicted with or
suffering from a medical disease, including, but not
limited to, systemic or discoid lupus erythematosus,
disseminated superficial actinic porokeratosis, or
albinism, which would require that person to be shielded
from the direct rays of the sun; or
(2) is used in transporting a person when the person
resides at the same address as the registered owner of the
vehicle and the person is afflicted with or suffering from
a medical disease which would require the person to be
shielded from the direct rays of the sun, including, but
not limited to, systemic or discoid lupus erythematosus,
disseminated superficial actinic porokeratosis, or
albinism.
The owner must obtain a certified statement or letter
written by a physician licensed to practice medicine in
Illinois that such person owning and operating or being
transported in a motor vehicle is afflicted with or suffers
from such disease, including, but not limited to, systemic
or discoid lupus erythematosus, disseminated superficial

actinic porokeratosis, or albinism. However, no exemption
from the requirements of subsection (a-5) shall be granted
for any condition, such as light sensitivity, for which
protection from the direct rays of the sun can be
adequately obtained by the use of sunglasses or other eye
protective devices.
Such certification must be carried in the motor vehicle
at all times. The certification shall be legible and shall
contain the date of issuance, the name, address and
signature of the attending physician, and the name,
address, and medical condition of the person requiring
exemption. The information on the certificate for a window
treatment must remain current and shall be renewed every 4
years by the attending physician. The owner shall also
submit a copy of the certification to the Secretary of
State. The Secretary of State may forward notice of
certification to law enforcement agencies.
(g-5) (Blank).
(g-7) Installers shall only install window treatment
authorized by subsection (g) on motor vehicles for which
distinctive plates or license plate stickers have been issued
pursuant to subsection (k) of Section 3-412 of this Code. The
distinctive license plates or plate sticker must be on the
motor vehicle at the time of window treatment installation.
(h) Subsection Paragraph (a) of this Section shall not
apply to motor vehicle stickers or other certificates issued by

State or local authorities which are required to be displayed
upon motor vehicle windows to evidence compliance with
requirements concerning motor vehicles.
(i) (Blank).
(j) A person found guilty of violating subsection
paragraphs (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
this Section shall be guilty of a petty offense and fined no
less than $50 nor more than $500. A second or subsequent
violation of subsection paragraphs (a), (a-3), (a-5), (a-10),
(b), (b-5), or (g-7) of this Section shall be treated as a
Class C misdemeanor and the violator fined no less than $100
nor more than $500. Any person convicted under subsection
paragraphs (a), (a-5), (b), or (b-5) of this Section shall be
ordered to alter any nonconforming windows into compliance with
this Section.
(k) Except as provided in subsection (a-3) of this Section,
nothing in this Section shall create a cause of action on
behalf of a buyer against a vehicle dealer or manufacturer who
sells a motor vehicle with a window which is in violation of
this Section.
(l) The Secretary of State shall provide a notice of the
requirements of this Section to a new resident applying for
vehicle registration in this State pursuant to Section 3-801 of
this Code. The Secretary of State may comply with this
subsection by posting the requirements of this Section on the
Secretary of State's website.

(m) A home rule unit may not regulate motor vehicles in a
manner inconsistent with this Section. This Section is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(Source: P.A. 100-346, eff. 1-1-18; revised 10-12-17.)
(625 ILCS 5/12-601) (from Ch. 95 1/2, par. 12-601)
Sec. 12-601. Horns and warning devices.
(a) Every motor vehicle when operated upon a highway shall
be equipped with a horn in good working order and capable of
emitting sound audible under normal conditions from a distance
of not less than 200 feet, but no horn or other warning device
shall emit an unreasonable loud or harsh sound or a whistle.
The driver of a motor vehicle shall when reasonably necessary
to insure safe operation give audible warning with his horn but
shall not otherwise use such horn when upon a highway.
(b) No vehicle shall be equipped with nor shall any person
use upon a vehicle any siren, whistle, or bell, except as
otherwise permitted in this Section section. Any authorized
emergency vehicle or organ transport vehicle as defined in
Chapter 1 of this Code or a vehicle operated by a fire chief or
the Director or Coordinator of a municipal or county emergency
services and disaster agency, may be equipped with a siren,
whistle, or bell, capable of emitting sound audible under
normal conditions from a distance of not less than 500 feet,

but such siren, whistle, or bell, shall not be used except when
such vehicle is operated in response to an emergency call or in
the immediate pursuit of an actual or suspected violator of the
law in either of which events the driver of such vehicle shall
sound such siren, whistle, or bell, when necessary to warn
pedestrians and other drivers of the approach thereof.
(c) Trackless trolley coaches, as defined by Section 1-206
of this Code, and replica trolleys, as defined by Section
1-171.04 of this Code, may be equipped with a bell or bells in
lieu of a horn, and may, in addition to the requirements of
subsection paragraph (a) of this Section, use a bell or bells
for the purpose of indicating arrival or departure at
designated stops during the hours of scheduled operation.
(Source: P.A. 100-182, eff. 1-1-18; revised 10-6-17.)
(625 ILCS 5/12-606) (from Ch. 95 1/2, par. 12-606)
Sec. 12-606. Tow trucks; Tow-trucks; identification;
equipment; insurance.
(a) Every tow truck tow-truck, except those owned by
governmental agencies, shall have displayed on each side
thereof, a sign with letters not less than 2 inches in height,
contrasting in color to that of the background, stating the
full legal name, complete address (including street address and
city), and telephone number of the owner or operator thereof.
This information shall be permanently affixed to the sides of
the tow truck.

(b) Every tow truck tow-truck shall be equipped with:
(1) One or more brooms and shovels;
(2) One or more trash cans of at least 5 gallon
capacity; and
(3) One fire extinguisher. This extinguisher shall be
either:
(i) of the dry chemical or carbon dioxide type with
an aggregate rating of at least 4-B, C units, and
bearing the approval of a laboratory qualified by the
Division of Fire Prevention for this purpose; or
(ii) One that meets the requirements of the Federal
Motor Carrier Safety Regulations of the United States
Department of Transportation for fire extinguishers on
commercial motor vehicles.
(c) Every owner or operator and driver of a tow truck
tow-truck shall comply with Section 11-1413 of this Code Act
and shall remove or cause to be removed all glass and debris,
except any (i) hazardous substance as defined in Section 3.215
of the Environmental Protection Act, (ii) hazardous waste as
defined in Section 3.220 of the Environmental Protection Act,
and (iii) medical samples or waste, including but not limited
to any blood samples, used syringes, other used medical
supplies, or any other potentially infectious medical waste as
defined in Section 3.360 of the Environmental Protection Act,
deposited upon any street or highway by the disabled vehicle
being serviced, and shall in addition, spread dirt or sand or

oil absorbent upon that portion of any street or highway where
oil or grease has been deposited by the disabled vehicle being
serviced.
(d) Every tow truck tow-truck operator shall in addition
file an indemnity bond, insurance policy, or other proof of
insurance in a form to be prescribed by the Secretary for:
garagekeepers liability insurance, in an amount no less than a
combined single limit of $500,000, and truck (auto) liability
insurance in an amount no less than a combined single limit of
$500,000, on hook coverage or garagekeepers coverage in an
amount of no less than $25,000 which shall indemnify or insure
the tow truck tow-truck operator for the following:
(1) Bodily injury or damage to the property of others.
(2) Damage to any vehicle towed by the tower.
(3) In case of theft, loss of, or damage to any vehicle
stored, garagekeepers legal liability coverage in an
amount of no less than $25,000.
(4) In case of injury to or occupational illness of the
tow truck driver or helper, workers compensation insurance
meeting the minimum requirements of the Workers'
Compensation Act.
Any such bond or policy shall be issued only by a bonding
or insuring firm authorized to do business as such in the State
of Illinois, and a certificate of such bond or policy shall be
carried in the cab of each tow truck tow-truck.
(e) The bond or policy required in subsection (d) shall

provide that the insurance carrier may cancel it by serving
previous notice, as required by Sections 143.14 and 143.16 of
the Illinois Insurance Code, in writing, either personally or
by registered mail, upon the owner or operator of the motor
vehicle and upon the Secretary of State. Whenever any such bond
or policy shall be so cancelled, the Secretary of State shall
mark the policy "Cancelled" and shall require such owner or
operator either to furnish a new bond or policy, in accordance
with this Act.
(Source: P.A. 92-574, eff. 6-26-02; revised 10-6-17.)
(625 ILCS 5/12-806) (from Ch. 95 1/2, par. 12-806)
Sec. 12-806. Identification, stop signal arms and special
lighting when not used as a school bus.
(a) Except as provided in Section 12-806a, whenever a
school bus is operated for the purpose of transporting
passengers other than persons in connection with an activity of
the school or religious organization which owns the school bus
or for which the school bus is operated, the "SCHOOL BUS" signs
shall be covered or concealed and the stop signal arm and
flashing signal system shall not be operable through normal
controls.
(b) If a school district, religious organization, vendor of
school buses busses, or school bus company whose main source of
income is contracting with a school district or religious
organization for the provision of transportation services in

connection with the activities of a school district or
religious organization, discards through either sale or
donation, a school bus to an individual or entity that is not
one of the aforementioned entities above, then the recipient of
such school bus shall be responsible for immediately removing,
covering, or concealing the "SCHOOL BUS" signs and any other
insignia or words indicating the vehicle is a school bus,
rendering inoperable or removing entirely the stop signal arm
and flashing signal system, and painting the school bus a
different color from those under Section 12-801 of this Code.
(Source: P.A. 100-277, eff. 1-1-18; revised 10-5-17.)
(625 ILCS 5/12-825)
Sec. 12-825. Extracurricular Extra-curricular activities;
passengers.
(a) Each school bus operated by a public or private primary
or secondary school transporting students enrolled in grade 12
or below for a school related athletic event or other school
approved extracurricular activity shall be registered under
subsection (a) of Section 3-808 of this Code, comply with
school bus driver permit requirements under Section 6-104 of
this Code, comply with the minimum liability insurance
requirements under Section 12-707.01 of this Code, and comply
with special requirements pertaining to school buses under this
Chapter.
(b) Each school bus that operates under subsection (a) of

this Section may be used for the transportation of passengers
other than students enrolled in grade 12 or below for
activities that do not involve either a public or private
educational institution if the school bus driver or school bus
owner complies with Section 12-806 of this Code and the "SCHOOL
BUS" sign under Section 12-802 of this Code is either removed
or obscured so that it is not visible to other motorists.
(Source: P.A. 100-241, eff. 1-1-18; revised 10-5-17.)
(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
Sec. 15-301. Permits for excess size and weight.
(a) The Department with respect to highways under its
jurisdiction and local authorities with respect to highways
under their jurisdiction may, in their discretion, upon
application and good cause being shown therefor, issue a
special permit authorizing the applicant to operate or move a
vehicle or combination of vehicles of a size or weight of
vehicle or load exceeding the maximum specified in this Act or
otherwise not in conformity with this Act upon any highway
under the jurisdiction of the party granting such permit and
for the maintenance of which the party is responsible.
Applications and permits other than those in written or printed
form may only be accepted from and issued to the company or
individual making the movement. Except for an application to
move directly across a highway, it shall be the duty of the
applicant to establish in the application that the load to be

moved by such vehicle or combination cannot reasonably be
dismantled or disassembled, the reasonableness of which shall
be determined by the Secretary of the Department. For the
purpose of over length movements, more than one object may be
carried side by side as long as the height, width, and weight
laws are not exceeded and the cause for the over length is not
due to multiple objects. For the purpose of over height
movements, more than one object may be carried as long as the
cause for the over height is not due to multiple objects and
the length, width, and weight laws are not exceeded. For the
purpose of an over width movement, more than one object may be
carried as long as the cause for the over width is not due to
multiple objects and length, height, and weight laws are not
exceeded. Except for transporting fluid milk products, no State
or local agency shall authorize the issuance of excess size or
weight permits for vehicles and loads that are divisible and
that can be carried, when divided, within the existing size or
weight maximums specified in this Chapter. Any excess size or
weight permit issued in violation of the provisions of this
Section shall be void at issue and any movement made thereunder
shall not be authorized under the terms of the void permit. In
any prosecution for a violation of this Chapter when the
authorization of an excess size or weight permit is at issue,
it is the burden of the defendant to establish that the permit
was valid because the load to be moved could not reasonably be
dismantled or disassembled, or was otherwise nondivisible.

(b) The application for any such permit shall: (1) state
whether such permit is requested for a single trip or for
limited continuous operation; (2) state if the applicant is an
authorized carrier under the Illinois Motor Carrier of Property
Law, if so, his certificate, registration or permit number
issued by the Illinois Commerce Commission; (3) specifically
describe and identify the vehicle or vehicles and load to be
operated or moved except that for vehicles or vehicle
combinations registered by the Department as provided in
Section 15-319 of this Chapter, only the Illinois Department of
Transportation's (IDT) registration number or classification
need be given; (4) state the routing requested including the
points of origin and destination, and may identify and include
a request for routing to the nearest certified scale in
accordance with the Department's rules and regulations,
provided the applicant has approval to travel on local roads;
and (5) state if the vehicles or loads are being transported
for hire. No permits for the movement of a vehicle or load for
hire shall be issued to any applicant who is required under the
Illinois Motor Carrier of Property Law to have a certificate,
registration or permit and does not have such certificate,
registration or permit.
(c) The Department or local authority when not inconsistent
with traffic safety is authorized to issue or withhold such
permit at its discretion; or, if such permit is issued at its
discretion to prescribe the route or routes to be traveled, to

limit the number of trips, to establish seasonal or other time
limitations within which the vehicles described may be operated
on the highways indicated, or otherwise to limit or prescribe
conditions of operations of such vehicle or vehicles, when
necessary to assure against undue damage to the road
foundations, surfaces or structures, and may require such
undertaking or other security as may be deemed necessary to
compensate for any injury to any roadway or road structure. The
Department shall maintain a daily record of each permit issued
along with the fee and the stipulated dimensions, weights,
conditions and restrictions authorized and this record shall be
presumed correct in any case of questions or dispute. The
Department shall install an automatic device for recording
applications received and permits issued by telephone. In
making application by telephone, the Department and applicant
waive all objections to the recording of the conversation.
(d) The Department shall, upon application in writing from
any local authority, issue an annual permit authorizing the
local authority to move oversize highway construction,
transportation, utility and maintenance equipment over roads
under the jurisdiction of the Department. The permit shall be
applicable only to equipment and vehicles owned by or
registered in the name of the local authority, and no fee shall
be charged for the issuance of such permits.
(e) As an exception to subsection paragraph (a) of this
Section, the Department and local authorities, with respect to

highways under their respective jurisdictions, in their
discretion and upon application in writing may issue a special
permit for limited continuous operation, authorizing the
applicant to move loads of agricultural commodities on a 2-axle
2 axle single vehicle registered by the Secretary of State with
axle loads not to exceed 35%, on a 3-axle or 4-axle 3 or 4 axle
vehicle registered by the Secretary of State with axle loads
not to exceed 20%, and on a 5-axle 5 axle vehicle registered by
the Secretary of State not to exceed 10% above those provided
in Section 15-111. The total gross weight of the vehicle,
however, may not exceed the maximum gross weight of the
registration class of the vehicle allowed under Section 3-815
or 3-818 of this Code.
As used in this Section, "agricultural commodities" means:
(1) cultivated plants or agricultural produce grown
including, but is not limited to, corn, soybeans, wheat,
oats, grain sorghum, canola, and rice;
(2) livestock, including, but not limited to, hogs,
equine, sheep, and poultry;
(3) ensilage; and
(4) fruits and vegetables.
Permits may be issued for a period not to exceed 40 days
and moves may be made of a distance not to exceed 50 miles from
a field, an on-farm grain storage facility, a warehouse as
defined in the Illinois Grain Code, or a livestock management
facility as defined in the Livestock Management Facilities Act

over any highway except the National System of Interstate and
Defense Highways. The operator of the vehicle, however, must
abide by posted bridge and posted highway weight limits. All
implements of husbandry operating under this Section between
sunset and sunrise shall be equipped as prescribed in Section
12-205.1.
(e-1) Upon a declaration by the Governor that an emergency
harvest situation exists, a special permit issued by the
Department under this Section shall be required from September
1 through December 31 during harvest season emergencies for a
vehicle that exceeds the maximum axle weight and gross weight
limits under Section 15-111 of this Code or exceeds the
vehicle's registered gross weight, provided that the vehicle's
axle weight and gross weight do not exceed 10% above the
maximum limits under Section 15-111 of this Code and does not
exceed the vehicle's registered gross weight by 10%. All other
restrictions that apply to permits issued under this Section
shall apply during the declared time period and no fee shall be
charged for the issuance of those permits. Permits issued by
the Department under this subsection (e-1) are only valid on
federal and State highways under the jurisdiction of the
Department, except interstate highways. With respect to
highways under the jurisdiction of local authorities, the local
authorities may, at their discretion, waive special permit
requirements during harvest season emergencies, and set a
divisible load weight limit not to exceed 10% above a vehicle's

registered gross weight, provided that the vehicle's axle
weight and gross weight do not exceed 10% above the maximum
limits specified in Section 15-111. Permits issued under this
subsection (e-1) shall apply to all registered vehicles
eligible to obtain permits under this Section, including
vehicles used in private or for-hire movement of divisible load
agricultural commodities during the declared time period.
(f) The form and content of the permit shall be determined
by the Department with respect to highways under its
jurisdiction and by local authorities with respect to highways
under their jurisdiction. Every permit shall be in written form
and carried in the vehicle or combination of vehicles to which
it refers and shall be open to inspection by any police officer
or authorized agent of any authority granting the permit and no
person shall violate any of the terms or conditions of such
special permit. Violation of the terms and conditions of the
permit shall not be deemed a revocation of the permit; however,
any vehicle and load found to be off the route prescribed in
the permit shall be held to be operating without a permit. Any
off route vehicle and load shall be required to obtain a new
permit or permits, as necessary, to authorize the movement back
onto the original permit routing. No rule or regulation, nor
anything herein shall be construed to authorize any police
officer, court, or authorized agent of any authority granting
the permit to remove the permit from the possession of the
permittee unless the permittee is charged with a fraudulent

permit violation as provided in subsection paragraph (i).
However, upon arrest for an offense of violation of permit,
operating without a permit when the vehicle is off route, or
any size or weight offense under this Chapter when the
permittee plans to raise the issuance of the permit as a
defense, the permittee, or his agent, must produce the permit
at any court hearing concerning the alleged offense.
If the permit designates and includes a routing to a
certified scale, the permittee, while enroute to the designated
scale, shall be deemed in compliance with the weight provisions
of the permit provided the axle or gross weights do not exceed
any of the permitted limits by more than the following amounts:
Single axle 2000 pounds
Tandem axle 3000 pounds
Gross 5000 pounds
(g) The Department is authorized to adopt, amend, and to
make available to interested persons a policy concerning
reasonable rules, limitations and conditions or provisions of
operation upon highways under its jurisdiction in addition to
those contained in this Section for the movement by special
permit of vehicles, combinations, or loads which cannot
reasonably be dismantled or disassembled, including
manufactured and modular home sections and portions thereof.
All rules, limitations and conditions or provisions adopted in
the policy shall have due regard for the safety of the
traveling public and the protection of the highway system and

shall have been promulgated in conformity with the provisions
of the Illinois Administrative Procedure Act. The requirements
of the policy for flagmen and escort vehicles shall be the same
for all moves of comparable size and weight. When escort
vehicles are required, they shall meet the following
requirements:
(1) All operators shall be 18 years of age or over and
properly licensed to operate the vehicle.
(2) Vehicles escorting oversized loads more than
12-feet wide must be equipped with a rotating or flashing
amber light mounted on top as specified under Section
12-215.
The Department shall establish reasonable rules and
regulations regarding liability insurance or self insurance
for vehicles with oversized loads promulgated under the
Illinois Administrative Procedure Act. Police vehicles may be
required for escort under circumstances as required by rules
and regulations of the Department.
(h) Violation of any rule, limitation or condition or
provision of any permit issued in accordance with the
provisions of this Section shall not render the entire permit
null and void but the violator shall be deemed guilty of
violation of permit and guilty of exceeding any size, weight or
load limitations in excess of those authorized by the permit.
The prescribed route or routes on the permit are not mere
rules, limitations, conditions, or provisions of the permit,

but are also the sole extent of the authorization granted by
the permit. If a vehicle and load are found to be off the route
or routes prescribed by any permit authorizing movement, the
vehicle and load are operating without a permit. Any off-route
off route movement shall be subject to the size and weight
maximums, under the applicable provisions of this Chapter, as
determined by the type or class highway upon which the vehicle
and load are being operated.
(i) Whenever any vehicle is operated or movement made under
a fraudulent permit the permit shall be void, and the person,
firm, or corporation to whom such permit was granted, the
driver of such vehicle in addition to the person who issued
such permit and any accessory, shall be guilty of fraud and
either one or all persons may be prosecuted for such violation.
Any person, firm, or corporation committing such violation
shall be guilty of a Class 4 felony and the Department shall
not issue permits to the person, firm or corporation convicted
of such violation for a period of one year after the date of
conviction. Penalties for violations of this Section shall be
in addition to any penalties imposed for violation of other
Sections of this Code Act.
(j) Whenever any vehicle is operated or movement made in
violation of a permit issued in accordance with this Section,
the person to whom such permit was granted, or the driver of
such vehicle, is guilty of such violation and either, but not
both, persons may be prosecuted for such violation as stated in

this subsection (j). Any person, firm or corporation convicted
of such violation shall be guilty of a petty offense and shall
be fined for the first offense, not less than $50 nor more than
$200 and, for the second offense by the same person, firm or
corporation within a period of one year, not less than $200 nor
more than $300 and, for the third offense by the same person,
firm or corporation within a period of one year after the date
of the first offense, not less than $300 nor more than $500 and
the Department shall not issue permits to the person, firm or
corporation convicted of a third offense during a period of one
year after the date of conviction for such third offense.
(k) Whenever any vehicle is operated on local roads under
permits for excess width or length issued by local authorities,
such vehicle may be moved upon a State highway for a distance
not to exceed one-half mile without a permit for the purpose of
crossing the State highway.
(l) Notwithstanding any other provision of this Section,
the Department, with respect to highways under its
jurisdiction, and local authorities, with respect to highways
under their jurisdiction, may at their discretion authorize the
movement of a vehicle in violation of any size or weight
requirement, or both, that would not ordinarily be eligible for
a permit, when there is a showing of extreme necessity that the
vehicle and load should be moved without unnecessary delay.
For the purpose of this subsection, showing of extreme
necessity shall be limited to the following: shipments of

livestock, hazardous materials, liquid concrete being hauled
in a mobile cement mixer, or hot asphalt.
(m) Penalties for violations of this Section shall be in
addition to any penalties imposed for violating any other
Section of this Code.
(n) The Department with respect to highways under its
jurisdiction and local authorities with respect to highways
under their jurisdiction, in their discretion and upon
application in writing, may issue a special permit for
continuous limited operation, authorizing the applicant to
operate a tow truck tow-truck that exceeds the weight limits
provided for in subsection (a) of Section 15-111, provided:
(1) no rear single axle of the tow truck tow-truck
exceeds 26,000 pounds;
(2) no rear tandem axle of the tow truck tow-truck
exceeds 50,000 pounds;
(2.1) no triple rear axle on a manufactured recovery
unit exceeds 60,000 pounds;
(3) neither the disabled vehicle nor the disabled
combination of vehicles exceed the weight restrictions
imposed by this Chapter 15, or the weight limits imposed
under a permit issued by the Department prior to hookup;
(4) the tow truck tow-truck prior to hookup does not
exceed the weight restrictions imposed by this Chapter 15;
(5) during the tow operation the tow truck tow-truck
does not violate any weight restriction sign;

(6) the tow truck tow-truck is equipped with flashing,
rotating, or oscillating amber lights, visible for at least
500 feet in all directions;
(7) the tow truck tow-truck is specifically designed
and licensed as a tow truck tow-truck;
(8) the tow truck tow-truck has a gross vehicle weight
rating of sufficient capacity to safely handle the load;
(9) the tow truck tow-truck is equipped with air
brakes;
(10) the tow truck tow-truck is capable of utilizing
the lighting and braking systems of the disabled vehicle or
combination of vehicles;
(11) the tow commences at the initial point of wreck or
disablement and terminates at a point where the repairs are
actually to occur;
(12) the permit issued to the tow truck tow-truck is
carried in the tow truck tow-truck and exhibited on demand
by a police officer; and
(13) the movement shall be valid only on State state
routes approved by the Department.
(o) (Blank).
(p) In determining whether a load may be reasonably
dismantled or disassembled for the purpose of subsection
paragraph (a), the Department shall consider whether there is a
significant negative impact on the condition of the pavement
and structures along the proposed route, whether the load or

vehicle as proposed causes a safety hazard to the traveling
public, whether dismantling or disassembling the load promotes
or stifles economic development and whether the proposed route
travels less than 5 miles. A load is not required to be
dismantled or disassembled for the purposes of subsection
paragraph (a) if the Secretary of the Department determines
there will be no significant negative impact to pavement or
structures along the proposed route, the proposed load or
vehicle causes no safety hazard to the traveling public,
dismantling or disassembling the load does not promote economic
development and the proposed route travels less than 5 miles.
The Department may promulgate rules for the purpose of
establishing the divisibility of a load pursuant to subsection
paragraph (a). Any load determined by the Secretary to be
nondivisible shall otherwise comply with the existing size or
weight maximums specified in this Chapter.
(Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17;
revised 10-12-17.)
(625 ILCS 5/15-308.2)
Sec. 15-308.2. Fees for special permits for tow trucks
tow-trucks. The fee for a special permit to operate a tow truck
tow-truck pursuant to subsection (n) of Section 15-301 is $50
quarterly and $200 annually.
(Source: P.A. 93-1023, eff. 8-25-04; revised 10-5-17.)

Section 550. The Boat Registration and Safety Act is
amended by changing Sections 3-1 and 4-1 as follows:
(625 ILCS 45/3-1) (from Ch. 95 1/2, par. 313-1)
(Text of Section before amendment by P.A. 100-469)
Sec. 3-1. Unlawful operation of unnumbered watercraft.
Every watercraft other than non-powered watercraft on waters
within the jurisdiction of this State shall be numbered. No
person may operate or give permission for the operation of any
such watercraft on such waters unless the watercraft is
numbered in accordance with this Act, or in accordance with
applicable federal Federal law, or in accordance with a
federally approved Federally-approved numbering system of
another State, and unless (1) the certificate of number awarded
to such watercraft is in full force and effect, and (2) the
identifying number set forth in the certificate of number is
displayed on each side of the bow of such watercraft.
(Source: P.A. 97-1136, eff. 1-1-13; revised 10-30-17.)
(Text of Section after amendment by P.A. 100-469)
Sec. 3-1. Unlawful operation of unnumbered watercraft.
Every watercraft other than non-powered watercraft on waters
within the jurisdiction of this State shall be numbered. No
person may operate, use, or store or give permission for the
operation, usage, or storage of any such watercraft on such
waters unless it has on board while in operation:

(A) A valid certificate of number is issued in accordance
with this Act, or in accordance with applicable federal Federal
law, or in accordance with a federally approved
Federally-approved numbering system of another State, and
unless:
(1) the pocket-sized pocket sized certificate of
number awarded to such watercraft is in full force and
effect; or
(2) the operator is in possession of a valid 60-day 60
day temporary permit under this Act.
(B) The identifying number set forth in the certificate of
number is displayed on each side of the bow of such watercraft.
The certificate of number, lease, or rental agreement
required by this Section shall be available at all times for
inspection at the request of a federal, State, or local law
enforcement officer on the watercraft for which it is issued.
No person shall operate a watercraft under this Section unless
the certificate of number, lease, or rental agreement required
is carried on board in a manner that it can be handed to a
requesting law enforcement officer for inspection. A holder of
a certificate of number shall notify the Department within 30
days if the holder's address no longer conforms to the address
appearing on the certificate and shall furnish the Department
with the holder's new address. The Department may provide for
in its rules and regulations for the surrender of the
certificate bearing the former address and its replacement with

a certificate bearing the new address or for the alteration of
an outstanding certificate to show the new address of the
holder.
(Source: P.A. 100-469, eff. 6-1-18; revised 10-30-17.)
(625 ILCS 45/4-1) (from Ch. 95 1/2, par. 314-1)
(Text of Section before amendment by P.A. 100-469)
Sec. 4-1. Personal flotation devices.
A. No person may operate a watercraft unless at least one
U.S. Coast Guard approved PFD of the following types or their
equivalent is on board for each person: Type I, Type II or Type
III.
B. No person may operate a personal watercraft or specialty
prop-craft unless each person aboard is wearing a Type I, Type
II, Type III or Type V PFD approved by the United States Coast
Guard.
C. No person may operate a watercraft 16 feet or more in
length, except a canoe or kayak, unless at least one Type IV
U.S. Coast Guard approved PFD or its equivalent is on board in
addition to the PFD's required in paragraph A of this Section.
D. A U.S. Coast Guard approved Type V personal flotation
device may be carried in lieu of the Type I, II, III or IV
personal flotation device required in this Section, if the Type
V personal flotation device is approved for the activity in
which it is being used.
E. When assisting a person on water skis waterskis,

aquaplane or similar device, there must be one U.S. Coast Guard
approved PFD on board the watercraft for each person being
assisted or towed or worn by the person being assisted or
towed.
F. No person may operate a watercraft unless each device
required by this Section is:
1. Readily accessible;
2. In serviceable condition;
3. Of the appropriate size for the person for whom it
is intended; and
4. Legibly marked with the U.S. Coast Guard approval
number.
G. Approved personal flotation devices are defined as
follows:
Type I - A Type I personal flotation device is an
approved device designed to turn an unconscious person in
the water from a face downward position to a vertical or
slightly backward position and to have more than 20 pounds
of buoyancy.
Type II - A Type II personal flotation device is an
approved device designed to turn an unconscious person in
the water from a face downward position to a vertical or
slightly backward position and to have at least 15 1/2
pounds of buoyancy.
Type III - A Type III personal flotation device is an
approved device designed to keep a conscious person in a

vertical or slightly backward position and to have at least
15 1/2 pounds of buoyancy.
Type IV - A Type IV personal flotation device is an
approved device designed to be thrown to a person in the
water and not worn. It is designed to have at least 16 1/2
pounds of buoyancy.
Type V - A Type V personal flotation device is an
approved device for restricted use and is acceptable only
when used in the activity for which it is approved.
H. The provisions of subsections A through G of this
Section shall not apply to sailboards.
I. No person may operate a watercraft under 26 feet in
length unless a Type I, Type II, Type III, or Type V personal
flotation device is being properly worn by each person under
the age of 13 on board the watercraft at all times in which the
watercraft is underway; however, this requirement shall not
apply to persons who are below decks or in totally enclosed
cabin spaces. The provisions of this subsection I shall not
apply to a person operating a watercraft on private property.
J. Racing shells, rowing sculls, racing canoes, and racing
kayaks are exempt from the PFD, of any type, carriage
requirements under this Section provided that the racing shell,
racing scull, racing canoe, or racing kayak is participating in
an event sanctioned by the Department as a PFD optional event.
The Department may adopt rules to implement this subsection.
(Source: P.A. 97-801, eff. 1-1-13; 98-567, eff. 1-1-14; revised

10-5-17.)
(Text of Section after amendment by P.A. 100-469)
Sec. 4-1. Personal flotation devices.
A. No person may operate a watercraft unless at least one
U.S. Coast Guard approved PFD is on board, so placed as to be
readily available for each person.
B. No person may operate a personal watercraft or specialty
prop-craft unless each person aboard is wearing a PFD approved
by the United States Coast Guard. No person on board a personal
watercraft shall use an inflatable PFD in order to meet the PFD
requirements of subsection A of this Section.
C. No person may operate a watercraft 16 feet or more in
length, except a canoe or kayak, unless at least one readily
accessible United States Coast Guard approved throwable PFD is
on board.
D. (Blank).
E. When assisting a person on water skis waterskis,
aquaplane or similar device, there must be one wearable United
States Coast Guard approved PFD on board the watercraft for
each person being assisted or towed or worn by the person being
assisted or towed.
F. No person may operate a watercraft unless each device
required by this Section is:
1. in serviceable condition;
2. identified by a label bearing a description and

approval number demonstrating that the device has been
approved by the United States Coast Guard;
3. of the appropriate size for the person for whom it
is intended; and
4. in the case of a wearable PFD, readily accessible
aboard the watercraft;
5. in the case of a throwable throwabale PFD,
immediately available for use;
6. out of its original packaging; and
7. not stowed under lock and key.
G. Approved personal flotation devices are defined as a
device that is approved by the United States Coast Guard under
Title 46 CFR Part 160.
H. (Blank).
I. No person may operate a watercraft under 26 feet in
length unless an approved and appropriate sized United States
Coast Guard personal flotation device is being properly worn by
each person under the age of 13 on board the watercraft at all
times in which the watercraft is underway; however, this
requirement shall not apply to persons who are below decks or
in totally enclosed cabin spaces. The provisions of this
subsection I shall not apply to a person operating a watercraft
on an individual's private property.
J. Racing shells, rowing sculls, racing canoes, and racing
kayaks are exempt from the PFD, of any type, carriage
requirements under this Section provided that the racing shell,

racing scull, racing canoe, or racing kayak is participating in
an event sanctioned by the Department as a PFD optional event.
The Department may adopt rules to implement this subsection.
(Source: P.A. 100-469, eff. 6-1-18; revised 10-5-17.)
Section 555. The Clerks of Courts Act is amended by
changing Section 27.2 as follows:
(705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
Sec. 27.2. The fees of the clerks of the circuit court in
all counties having a population in excess of 500,000
inhabitants but less than 3,000,000 inhabitants in the
instances described in this Section shall be as provided in
this Section. In those instances where a minimum and maximum
fee is stated, counties with more than 500,000 inhabitants but
less than 3,000,000 inhabitants must charge the minimum fee
listed in this Section and may charge up to the maximum fee if
the county board has by resolution increased the fee. In
addition, the minimum fees authorized in this Section shall
apply to all units of local government and school districts in
counties with more than 3,000,000 inhabitants. The fees shall
be paid in advance and shall be as follows:
(a) Civil Cases.
With the following exceptions, the fee for filing a
complaint, petition, or other pleading initiating a civil
action shall be a minimum of $150 and shall be a maximum of

$190 through December 31, 2021 and a maximum of $184 on and
after January 1, 2022.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, a minimum of $10 and a maximum of $15.
(B) When that amount exceeds $250 but does not
exceed $1,000, a minimum of $20 and a maximum of $40.
(C) When that amount exceeds $1,000 but does not
exceed $2500, a minimum of $30 and a maximum of $50.
(D) When that amount exceeds $2500 but does not
exceed $5,000, a minimum of $75 and a maximum of $100.
(D-5) When the amount exceeds $5,000 but does not
exceed $15,000, a minimum of $75 and a maximum of $150.
(E) For the exercise of eminent domain, $150. For
each additional lot or tract of land or right or
interest therein subject to be condemned, the damages
in respect to which shall require separate assessment
by a jury, $150.
(F) No fees shall be charged by the clerk to a
petitioner in any order of protection including, but
not limited to, filing, modifying, withdrawing,
certifying, or photocopying petitions for orders of
protection, or for issuing alias summons, or for any
related filing service, certifying, modifying,
vacating, or photocopying any orders of protection.
(b) Eviction.

In each eviction case when the plaintiff seeks eviction
only or unites with his or her claim for eviction a claim
for rent or damages or both in the amount of $15,000 or
less, a minimum of $40 and a maximum of $75. When the
plaintiff unites his or her claim for eviction with a claim
for rent or damages or both exceeding $15,000, a minimum of
$150 and a maximum of $225.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of his
or her answer or otherwise or joins another party as a
third party defendant, or both, the defendant shall pay a
fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay had
he or she brought a separate action for the relief sought
in the counterclaim or against the third party defendant,
less the amount of the appearance fee, if that has been
paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, a minimum of $50 and a maximum of $60. When
the amount exceeds $1500, but does not exceed $5,000, $75.
When the amount exceeds $5,000, but does not exceed
$15,000, $175. When the amount exceeds $15,000, a minimum
of $200 and a maximum of $250.
(e) Appearance.
The fee for filing an appearance in each civil case

shall be a minimum of $50 and a maximum of $75, except as
follows:
(A) When the plaintiff in an eviction case seeks
eviction only, a minimum of $20 and a maximum of $40.
(B) When the amount in the case does not exceed
$1500, a minimum of $20 and a maximum of $40.
(C) When the amount in the case exceeds $1500 but
does not exceed $15,000, a minimum of $40 and a maximum
of $60.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, a minimum of $10 and a maximum of $15; when the
amount exceeds $1,000 but does not exceed $5,000, a minimum
of $20 and a maximum of $30; and when the amount exceeds
$5,000, a minimum of $30 and a maximum of $50.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment or
order of court, except in eviction cases and small claims
cases or a petition to reopen an estate, to modify,
terminate, or enforce a judgment or order for child or
spousal support, or to modify, suspend, or terminate an
order for withholding, if filed before 30 days after the
entry of the judgment or order, a minimum of $40 and a
maximum of $50.
(2) Petition to vacate or modify any final judgment or

order of court, except a petition to modify, terminate, or
enforce a judgment or order for child or spousal support or
to modify, suspend, or terminate an order for withholding,
if filed later than 30 days after the entry of the judgment
or order, a minimum of $60 and a maximum of $75.
(3) Petition to vacate order of bond forfeiture, a
minimum of $20 and a maximum of $40.
(h) Mailing.
When the clerk is required to mail, the fee will be a
minimum of $6 and a maximum of $10, plus the cost of
postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and eviction cases, a minimum of $10
and a maximum of $15.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, a
minimum of $80 and a maximum of $125.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in writing
with the seal of office, a minimum of $4 and a maximum of
$6.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, a
minimum of $50 and a maximum of $75.

(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, a
minimum of $120 and a maximum of $150.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of a minimum
of 20 and a maximum of 25 cents per page.
(5) For reproduction of any document contained in the
clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the case
with either its original number or a new number. The Clerk
shall not charge any new or additional fee for the
reinstatement. Upon reinstatement the Clerk shall advise
the parties of the reinstatement. A party shall have the
same right to a jury trial on remand and reinstatement as
he or she had before the appeal, and no additional or new
fee or charge shall be made for a jury trial after remand.
(m) Record Search.
For each record search, within a division or municipal
district, the clerk shall be entitled to a search fee of a
minimum of $4 and a maximum of $6 for each year searched.

(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of a minimum of $4 and a maximum
of $6.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the records
are maintained in a current automated medium, and when no
hard copy print output is requested. The fees to be charged
for management records, multiple case records, and
multiple journal records may be specified by the Chief
Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) (Blank).
(q) Alias Summons.
For each alias summons or citation issued by the clerk,
a minimum of $4 and a maximum of $5.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with the
approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide additional

services for which there is no fee specified by statute in
connection with the operation of the clerk's office as may
be requested by the public and agreed to by the clerk and
approved by the chief judge of the circuit court. Any
charges for additional services shall be as agreed to
between the clerk and the party making the request and
approved by the chief judge of the circuit court. Nothing
in this subsection shall be construed to require any clerk
to provide any service not otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition to
other fees allowed by law, the sum of a minimum of $192.50
and a maximum of $212.50, as a fee for the services of a
jury in every civil action not quasi-criminal in its nature
and not a proceeding for the exercise of the right of
eminent domain and in every other action wherein the right
of trial by jury is or may be given by law. The jury fee
shall be paid by the party demanding a jury at the time of
filing the jury demand. If the fee is not paid by either
party, no jury shall be called in the action or proceeding,
and the same shall be tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, a minimum
of $10 and a maximum of $20; for recording the same, a
minimum of 25¢ and a maximum of 50¢ for each 100 words.
Exceptions filed to claims presented to an assignee of a

debtor who has made a voluntary assignment for the benefit
of creditors shall be considered and treated, for the
purpose of taxing costs therein, as actions in which the
party or parties filing the exceptions shall be considered
as party or parties plaintiff, and the claimant or
claimants as party or parties defendant, and those parties
respectively shall pay to the clerk the same fees as
provided by this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of a
minimum of $30 and a maximum of $60 for each expungement
petition filed and an additional fee of a minimum of $2 and
a maximum of $4 for each certified copy of an order to
expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in
this subsection (v), which shall be paid in advance, except
that, for good cause shown, the court may suspend, reduce,
or release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person, a
minimum of $100 and a maximum of $150, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $25 and a maximum of $40.

(B) When (i) proof of heirship alone is made, (ii)
a domestic or foreign will is admitted to probate
without administration (including proof of heirship),
or (iii) letters of office are issued for a particular
purpose without administration of the estate, the fee
shall be a minimum of $25 and a maximum of $40.
(2) For administration of the estate of a ward, a
minimum of $50 and a maximum of $75, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $25 and a maximum of $40.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the
estate or (ii) letters of office are issued in the
estate of a ward without administration of the estate,
including filing or joining in the filing of a tax
return or releasing a mortgage or consenting to the
marriage of the ward, the fee shall be a minimum of $10
and a maximum of $20.
(3) In addition to the fees payable under subsection
(v)(1) or (v)(2) of this Section, the following fees are
payable:
(A) For each account (other than one final account)
filed in the estate of a decedent, or ward, a minimum
of $15 and a maximum of $25.

(B) For filing a claim in an estate when the amount
claimed is $150 or more but less than $500, a minimum
of $10 and a maximum of $20; when the amount claimed is
$500 or more but less than $10,000, a minimum of $25
and a maximum of $40; when the amount claimed is
$10,000 or more, a minimum of $40 and a maximum of $60;
provided that the court in allowing a claim may add to
the amount allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest
of a will, enforcement of a contract to make a will,
and proceedings involving testamentary trusts or the
appointment of testamentary trustees, a minimum of $40
and a maximum of $60.
(D) For filing in an estate (i) the appearance of
any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad litem,
or special administrator, no fee.
(E) Except as provided in subsection (v)(3)(D),
for filing the appearance of any person or persons, a
minimum of $10 and a maximum of $30.
(F) For each jury demand, a minimum of $102.50 and
a maximum of $137.50.
(G) For disposition of the collection of a judgment

or settlement of an action or claim for wrongful death
of a decedent or of any cause of action of a ward, when
there is no other administration of the estate, a
minimum of $30 and a maximum of $50, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except
that if the amount involved does not exceed $5,000, the
fee, including any amount paid under subsection
(v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
maximum of $20.
(H) For each certified copy of letters of office,
of court order or other certification, a minimum of $1
and a maximum of $2, plus a minimum of 50¢ and a
maximum of $1 per page in excess of 3 pages for the
document certified.
(I) For each exemplification, a minimum of $1 and a
maximum of $2, plus the fee for certification.
(4) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall pay
the cost of publication by the clerk directly to the
newspaper.
(5) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous
fee shall pay the same directly to the person entitled
thereto.
(6) The executor, administrator, guardian, petitioner,
or other interested person or his attorney shall pay to the

clerk all postage charges incurred by the clerk in mailing
petitions, orders, notices, or other documents pursuant to
the provisions of the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, a minimum of $80 and a
maximum of $125.
(B) Misdemeanor complaints, a minimum of $50 and a
maximum of $75.
(C) Business offense complaints, a minimum of $50
and a maximum of $75.
(D) Petty offense complaints, a minimum of $50 and
a maximum of $75.
(E) Minor traffic or ordinance violations, $20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders, a
minimum of $20 and a maximum of $40.
(H) Motions to vacate bond forfeiture orders, a
minimum of $20 and a maximum of $30.
(I) Motions to vacate ex parte judgments, whenever
filed, a minimum of $20 and a maximum of $30.
(J) Motions to vacate judgment on forfeitures,
whenever filed, a minimum of $20 and a maximum of $25.
(K) Motions to vacate "failure to appear" or

"failure to comply" notices sent to the Secretary of
State, a minimum of $20 and a maximum of $40.
(2) In counties having a population of more than
500,000 but fewer than 3,000,000 inhabitants, when the
violation complaint is issued by a municipal police
department, the clerk shall be entitled to costs from each
person convicted therein as follows:
(A) Minor traffic or ordinance violations, $10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to other
fees or costs allowed or imposed by law, the sum of a
minimum of $50 and a maximum of $112.50 as a fee for the
services of a jury. The jury fee shall be paid by the
defendant at the time of filing his or her jury demand. If
the fee is not so paid by the defendant, no jury shall be
called, and the case shall be tried by the court without a
jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the clerk
shall be entitled to the same fee as if it were the
commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change of

venue, the clerk shall be entitled to the same fee as if it
were the commencement of a new suit.
(2) The fee for the preparation and certification of a
record on a change of venue to another jurisdiction, when
original documents are forwarded, a minimum of $25 and a
maximum of $40.
(z) Tax objection complaints.
For each tax objection complaint containing one or more
tax objections, regardless of the number of parcels
involved or the number of taxpayers joining in the
complaint, a minimum of $25 and a maximum of $50.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, a minimum of $150 and a maximum of $250.
(2) For each additional parcel, add a fee of a minimum
of $50 and a maximum of $100.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child support
cases, a sum equal to a minimum of 2.5% and a maximum of
3.0% of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account

closed, or payment stopped, $25.
(4) In child support and maintenance cases, the clerk,
if authorized by an ordinance of the county board, may
collect an annual fee of up to $36 from the person making
payment for maintaining child support records and the
processing of support orders to the State of Illinois KIDS
system and the recording of payments issued by the State
Disbursement Unit for the official record of the Court.
This fee shall be in addition to and separate from amounts
ordered to be paid as maintenance or child support and
shall be deposited into a Separate Maintenance and Child
Support Collection Fund, of which the clerk shall be the
custodian, ex officio ex-officio, to be used by the clerk
to maintain child support orders and record all payments
issued by the State Disbursement Unit for the official
record of the Court. The clerk may recover from the person
making the maintenance or child support payment any
additional cost incurred in the collection of this annual
fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility Law
and these fees shall also be deposited into the Separate
Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or

attorney computer identification number, if required by
rule of court, on any document filed in the clerk's office,
to be charged against the party that filed the document, a
minimum of $15 and a maximum of $25.
(dd) Exceptions.
The fee requirements of this Section shall not apply to
police departments or other law enforcement agencies. In
this Section, "law enforcement agency" means an agency of
the State or a unit of local government which is vested by
law or ordinance with the duty to maintain public order and
to enforce criminal laws or ordinances. "Law enforcement
agency" also means the Attorney General or any state's
attorney. The fee requirements of this Section shall not
apply to any action instituted under subsection (b) of
Section 11-31-1 of the Illinois Municipal Code by a private
owner or tenant of real property within 1200 feet of a
dangerous or unsafe building seeking an order compelling
the owner or owners of the building to take any of the
actions authorized under that subsection.
The fee requirements of this Section shall not apply to
the filing of any commitment petition or petition for an
order authorizing the administration of psychotropic
medication or electroconvulsive therapy under the Mental
Health and Developmental Disabilities Code.
(ee) Adoptions.
(1) For an adoption...............................$65

(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The term
"special needs adoption" shall have the meaning ascribed to
it by the Illinois Department of Children and Family
Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding nor may any fee be charged for
proceedings for the appointment of a confidential
intermediary under the Adoption Act.
(gg) Unpaid fees.
Unless a court ordered payment schedule is implemented
or the fee requirements of this Section are waived pursuant
to court order, the clerk of the court may add to any
unpaid fees and costs under this Section a delinquency
amount equal to 5% of the unpaid fees that remain unpaid
after 30 days, 10% of the unpaid fees that remain unpaid
after 60 days, and 15% of the unpaid fees that remain
unpaid after 90 days. Notice to those parties may be made
by signage posting or publication. The additional
delinquency amounts collected under this Section shall be
used to defray additional administrative costs incurred by
the clerk of the circuit court in collecting unpaid fees
and costs.
(Source: P.A. 99-859, eff. 8-19-16; 100-173, eff. 1-1-18;

revised 10-6-17.)
Section 560. The Juvenile Court Act of 1987 is amended by
changing Sections 1-3, 1-7, 2-10, 2-28, and 5-915 as follows:
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
Sec. 1-3. Definitions. Terms used in this Act, unless the
context otherwise requires, have the following meanings
ascribed to them:
(1) "Adjudicatory hearing" means a hearing to determine
whether the allegations of a petition under Section 2-13, 3-15
or 4-12 that a minor under 18 years of age is abused, neglected
or dependent, or requires authoritative intervention, or
addicted, respectively, are supported by a preponderance of the
evidence or whether the allegations of a petition under Section
5-520 that a minor is delinquent are proved beyond a reasonable
doubt.
(2) "Adult" means a person 21 years of age or older.
(3) "Agency" means a public or private child care facility
legally authorized or licensed by this State for placement or
institutional care or for both placement and institutional
care.
(4) "Association" means any organization, public or
private, engaged in welfare functions which include services to
or on behalf of children but does not include "agency" as
herein defined.

(4.05) Whenever a "best interest" determination is
required, the following factors shall be considered in the
context of the child's age and developmental needs:
(a) the physical safety and welfare of the child,
including food, shelter, health, and clothing;
(b) the development of the child's identity;
(c) the child's background and ties, including
familial, cultural, and religious;
(d) the child's sense of attachments, including:
(i) where the child actually feels love,
attachment, and a sense of being valued (as opposed to
where adults believe the child should feel such love,
attachment, and a sense of being valued);
(ii) the child's sense of security;
(iii) the child's sense of familiarity;
(iv) continuity of affection for the child;
(v) the least disruptive placement alternative for
the child;
(e) the child's wishes and long-term goals;
(f) the child's community ties, including church,
school, and friends;
(g) the child's need for permanence which includes the
child's need for stability and continuity of relationships
with parent figures and with siblings and other relatives;
(h) the uniqueness of every family and child;
(i) the risks attendant to entering and being in

substitute care; and
(j) the preferences of the persons available to care
for the child.
(4.1) "Chronic truant" shall have the definition ascribed
to it in Section 26-2a of the School Code.
(5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act.
(6) "Dispositional hearing" means a hearing to determine
whether a minor should be adjudged to be a ward of the court,
and to determine what order of disposition should be made in
respect to a minor adjudged to be a ward of the court.
(7) "Emancipated minor" means any minor 16 years of age or
over who has been completely or partially emancipated under the
Emancipation of Minors Act or under this Act.
(7.05) "Foster parent" includes a relative caregiver
selected by the Department of Children and Family Services to
provide care for the minor.
(8) "Guardianship of the person" of a minor means the duty
and authority to act in the best interests of the minor,
subject to residual parental rights and responsibilities, to
make important decisions in matters having a permanent effect
on the life and development of the minor and to be concerned
with his or her general welfare. It includes but is not
necessarily limited to:
(a) the authority to consent to marriage, to enlistment
in the armed forces of the United States, or to a major

medical, psychiatric, and surgical treatment; to represent
the minor in legal actions; and to make other decisions of
substantial legal significance concerning the minor;
(b) the authority and duty of reasonable visitation,
except to the extent that these have been limited in the
best interests of the minor by court order;
(c) the rights and responsibilities of legal custody
except where legal custody has been vested in another
person or agency; and
(d) the power to consent to the adoption of the minor,
but only if expressly conferred on the guardian in
accordance with Section 2-29, 3-30, or 4-27.
(9) "Legal custody" means the relationship created by an
order of court in the best interests of the minor which imposes
on the custodian the responsibility of physical possession of a
minor and the duty to protect, train and discipline him and to
provide him with food, shelter, education and ordinary medical
care, except as these are limited by residual parental rights
and responsibilities and the rights and responsibilities of the
guardian of the person, if any.
(9.1) "Mentally capable adult relative" means a person 21
years of age or older who is not suffering from a mental
illness that prevents him or her from providing the care
necessary to safeguard the physical safety and welfare of a
minor who is left in that person's care by the parent or
parents or other person responsible for the minor's welfare.

(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Parent" means a father or mother of a child and
includes any adoptive parent. It also includes a person (i)
whose parentage is presumed or has been established under the
law of this or another jurisdiction or (ii) who has registered
with the Putative Father Registry in accordance with Section
12.1 of the Adoption Act and whose paternity has not been ruled
out under the law of this or another jurisdiction. It does not
include a parent whose rights in respect to the minor have been
terminated in any manner provided by law. It does not include a
person who has been or could be determined to be a parent under
the Illinois Parentage Act of 1984 or the Illinois Parentage
Act of 2015, or similar parentage law in any other state, if
that person has been convicted of or pled nolo contendere to a
crime that resulted in the conception of the child under
Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
12-14.1, subsection (a) or (b) (but not subsection (c)) of
Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, or similar
statute in another jurisdiction unless upon motion of any
party, other than the offender, to the juvenile court
proceedings the court finds it is in the child's best interest
to deem the offender a parent for purposes of the juvenile
court proceedings.

(11.1) "Permanency goal" means a goal set by the court as
defined in subdivision (2) of Section 2-28.
(11.2) "Permanency hearing" means a hearing to set the
permanency goal and to review and determine (i) the
appropriateness of the services contained in the plan and
whether those services have been provided, (ii) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (iii) whether the plan
and goal have been achieved.
(12) "Petition" means the petition provided for in Section
2-13, 3-15, 4-12 or 5-520, including any supplemental petitions
thereunder in Section 3-15, 4-12 or 5-520.
(12.1) "Physically capable adult relative" means a person
21 years of age or older who does not have a severe physical
disability or medical condition, or is not suffering from
alcoholism or drug addiction, that prevents him or her from
providing the care necessary to safeguard the physical safety
and welfare of a minor who is left in that person's care by the
parent or parents or other person responsible for the minor's
welfare.
(12.2) "Post Permanency Sibling Contact Agreement" has the
meaning ascribed to the term in Section 7.4 of the Children and
Family Services Act.
(12.3) "Residential treatment center" means a licensed
setting that provides 24-hour 24 hour care to children in a
group home or institution, including a facility licensed as a

child care institution under Section 2.06 of the Child Care Act
of 1969, a licensed group home under Section 2.16 of the Child
Care Act of 1969, a secure child care facility as defined in
paragraph (18) of this Section, or any similar facility in
another state. "Residential treatment center" does not include
a relative foster home or a licensed foster family home.
(13) "Residual parental rights and responsibilities" means
those rights and responsibilities remaining with the parent
after the transfer of legal custody or guardianship of the
person, including, but not necessarily limited to, the right to
reasonable visitation (which may be limited by the court in the
best interests of the minor as provided in subsection (8)(b) of
this Section), the right to consent to adoption, the right to
determine the minor's religious affiliation, and the
responsibility for his support.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
(14.05) "Shelter placement" means a temporary or emergency
placement for a minor, including an emergency foster home
placement.
(14.1) "Sibling Contact Support Plan" has the meaning
ascribed to the term in Section 7.4 of the Children and Family
Services Act.
(15) "Station adjustment" means the informal handling of an
alleged offender by a juvenile police officer.

(16) "Ward of the court" means a minor who is so adjudged
under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
requisite jurisdictional facts, and thus is subject to the
dispositional powers of the court under this Act.
(17) "Juvenile police officer" means a sworn police officer
who has completed a Basic Recruit Training Course, has been
assigned to the position of juvenile police officer by his or
her chief law enforcement officer and has completed the
necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in the
case of a State police officer, juvenile officer training
approved by the Director of the Department of State Police.
(18) "Secure child care facility" means any child care
facility licensed by the Department of Children and Family
Services to provide secure living arrangements for children
under 18 years of age who are subject to placement in
facilities under the Children and Family Services Act and who
are not subject to placement in facilities for whom standards
are established by the Department of Corrections under Section
3-15-2 of the Unified Code of Corrections. "Secure child care
facility" also means a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building, or a distinct part of the building are under the
exclusive control of the staff of the facility, whether or not
the child has the freedom of movement within the perimeter of
the facility, building, or distinct part of the building.

(Source: P.A. 99-85, eff. 1-1-16; 100-136, eff. 8-8-17;
100-229, eff. 1-1-18; revised 10-10-17.)
(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
Sec. 1-7. Confidentiality of law enforcement and municipal
ordinance violation records.
(A) All juvenile records which have not been expunged are
sealed and may never be disclosed to the general public or
otherwise made widely available. Sealed records may be obtained
only under this Section and Sections Section 1-8 and 5-915 of
this Act, when their use is needed for good cause and with an
order from the juvenile court, as required by those not
authorized to retain them. Inspection and copying of law
enforcement records maintained by law enforcement agencies or
records of municipal ordinance violations maintained by any
State, local, or municipal agency that relate to a minor who
has been investigated, arrested, or taken into custody before
his or her 18th birthday shall be restricted to the following:
(1) Any local, State, or federal law enforcement
officers of any jurisdiction or agency when necessary for
the discharge of their official duties during the
investigation or prosecution of a crime or relating to a
minor who has been adjudicated delinquent and there has
been a previous finding that the act which constitutes the
previous offense was committed in furtherance of criminal
activities by a criminal street gang, or, when necessary

for the discharge of its official duties in connection with
a particular investigation of the conduct of a law
enforcement officer, an independent agency or its staff
created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of
law enforcement officers. For purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(2) Prosecutors, probation officers, social workers,
or other individuals assigned by the court to conduct a
pre-adjudication or pre-disposition investigation, and
individuals responsible for supervising or providing
temporary or permanent care and custody for minors pursuant
to the order of the juvenile court, when essential to
performing their responsibilities.
(3) Prosecutors and probation officers:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805; or
(b) when institution of criminal proceedings has
been permitted or required under Section 5-805 and such
minor is the subject of a proceeding to determine the
amount of bail; or
(c) when criminal proceedings have been permitted
or required under Section 5-805 and such minor is the

subject of a pre-trial investigation, pre-sentence
investigation, fitness hearing, or proceedings on an
application for probation.
(4) Adult and Juvenile Prisoner Review Board.
(5) Authorized military personnel.
(6) Persons engaged in bona fide research, with the
permission of the Presiding Judge of the Juvenile Court and
the chief executive of the respective law enforcement
agency; provided that publication of such research results
in no disclosure of a minor's identity and protects the
confidentiality of the minor's record.
(7) Department of Children and Family Services child
protection investigators acting in their official
capacity.
(8) The appropriate school official only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others who
are present in the school or on school grounds.
(A) Inspection and copying shall be limited to law
enforcement records transmitted to the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety
interest by a local law enforcement agency under a
reciprocal reporting system established and maintained
between the school district and the local law
enforcement agency under Section 10-20.14 of the

School Code concerning a minor enrolled in a school
within the school district who has been arrested or
taken into custody for any of the following offenses:
(i) any violation of Article 24 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(v) a violation of the Methamphetamine Control
and Community Protection Act;
(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
The information derived from the law enforcement
records shall be kept separate from and shall not
become a part of the official school record of that
child and shall not be a public record. The information
shall be used solely by the appropriate school official
or officials whom the school has determined to have a

legitimate educational or safety interest to aid in the
proper rehabilitation of the child and to protect the
safety of students and employees in the school. If the
designated law enforcement and school officials deem
it to be in the best interest of the minor, the student
may be referred to in-school or community based social
services if those services are available.
"Rehabilitation services" may include interventions by
school support personnel, evaluation for eligibility
for special education, referrals to community-based
agencies such as youth services, behavioral healthcare
service providers, drug and alcohol prevention or
treatment programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law
enforcement officials about a minor who is the subject
of a current police investigation that is directly
related to school safety shall consist of oral
information only, and not written law enforcement
records, and shall be used solely by the appropriate
school official or officials to protect the safety of
students and employees in the school and aid in the
proper rehabilitation of the child. The information
derived orally from the local law enforcement

officials shall be kept separate from and shall not
become a part of the official school record of the
child and shall not be a public record. This limitation
on the use of information about a minor who is the
subject of a current police investigation shall in no
way limit the use of this information by prosecutors in
pursuing criminal charges arising out of the
information disclosed during a police investigation of
the minor. For purposes of this paragraph,
"investigation" means an official systematic inquiry
by a law enforcement agency into actual or suspected
criminal activity.
(9) Mental health professionals on behalf of the
Illinois Department of Corrections or the Department of
Human Services or prosecutors who are evaluating,
prosecuting, or investigating a potential or actual
petition brought under the Sexually Violent Persons
Commitment Act relating to a person who is the subject of
juvenile law enforcement records or the respondent to a
petition brought under the Sexually Violent Persons
Commitment Act who is the subject of the juvenile law
enforcement records sought. Any records and any
information obtained from those records under this
paragraph (9) may be used only in sexually violent persons
commitment proceedings.
(10) The president of a park district. Inspection and

copying shall be limited to law enforcement records
transmitted to the president of the park district by the
Illinois State Police under Section 8-23 of the Park
District Code or Section 16a-5 of the Chicago Park District
Act concerning a person who is seeking employment with that
park district and who has been adjudicated a juvenile
delinquent for any of the offenses listed in subsection (c)
of Section 8-23 of the Park District Code or subsection (c)
of Section 16a-5 of the Chicago Park District Act.
(B)(1) Except as provided in paragraph (2), no law
enforcement officer or other person or agency may knowingly
transmit to the Department of Corrections or the Department of
State Police or to the Federal Bureau of Investigation any
fingerprint or photograph relating to a minor who has been
arrested or taken into custody before his or her 18th birthday,
unless the court in proceedings under this Act authorizes the
transmission or enters an order under Section 5-805 permitting
or requiring the institution of criminal proceedings.
(2) Law enforcement officers or other persons or agencies
shall transmit to the Department of State Police copies of
fingerprints and descriptions of all minors who have been
arrested or taken into custody before their 18th birthday for
the offense of unlawful use of weapons under Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012, a Class X
or Class 1 felony, a forcible felony as defined in Section 2-8
of the Criminal Code of 1961 or the Criminal Code of 2012, or a

Class 2 or greater felony under the Cannabis Control Act, the
Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or Chapter 4 of the
Illinois Vehicle Code, pursuant to Section 5 of the Criminal
Identification Act. Information reported to the Department
pursuant to this Section may be maintained with records that
the Department files pursuant to Section 2.1 of the Criminal
Identification Act. Nothing in this Act prohibits a law
enforcement agency from fingerprinting a minor taken into
custody or arrested before his or her 18th birthday for an
offense other than those listed in this paragraph (2).
(C) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 18
years of age must be maintained separate from the records of
arrests and may not be open to public inspection or their
contents disclosed to the public. For purposes of obtaining
documents under this Section, a civil subpoena is not an order
of the court.
(1) In cases where the law enforcement, or independent
agency, records concern a pending juvenile court case, the
party seeking to inspect the records shall provide actual
notice to the attorney or guardian ad litem of the minor
whose records are sought.
(2) In cases where the records concern a juvenile court

case that is no longer pending, the party seeking to
inspect the records shall provide actual notice to the
minor or the minor's parent or legal guardian, and the
matter shall be referred to the chief judge presiding over
matters pursuant to this Act.
(3) In determining whether the records should be
available for inspection, the court shall consider the
minor's interest in confidentiality and rehabilitation
over the moving party's interest in obtaining the
information. Any records obtained in violation of this
subsection (C) shall not be admissible in any criminal or
civil proceeding, or operate to disqualify a minor from
subsequently holding public office or securing employment,
or operate as a forfeiture of any public benefit, right,
privilege, or right to receive any license granted by
public authority.
(D) Nothing contained in subsection (C) of this Section
shall prohibit the inspection or disclosure to victims and
witnesses of photographs contained in the records of law
enforcement agencies when the inspection and disclosure is
conducted in the presence of a law enforcement officer for the
purpose of the identification or apprehension of any person
subject to the provisions of this Act or for the investigation
or prosecution of any crime.
(E) Law enforcement officers, and personnel of an
independent agency created by ordinance and charged by a unit

of local government with the duty of investigating the conduct
of law enforcement officers, may not disclose the identity of
any minor in releasing information to the general public as to
the arrest, investigation or disposition of any case involving
a minor.
(F) Nothing contained in this Section shall prohibit law
enforcement agencies from communicating with each other by
letter, memorandum, teletype or intelligence alert bulletin or
other means the identity or other relevant information
pertaining to a person under 18 years of age if there are
reasonable grounds to believe that the person poses a real and
present danger to the safety of the public or law enforcement
officers. The information provided under this subsection (F)
shall remain confidential and shall not be publicly disclosed,
except as otherwise allowed by law.
(G) Nothing in this Section shall prohibit the right of a
Civil Service Commission or appointing authority of any state,
county or municipality examining the character and fitness of
an applicant for employment with a law enforcement agency,
correctional institution, or fire department from obtaining
and examining the records of any law enforcement agency
relating to any record of the applicant having been arrested or
taken into custody before the applicant's 18th birthday.
(H) The changes made to this Section by Public Act 98-61
apply to law enforcement records of a minor who has been
arrested or taken into custody on or after January 1, 2014 (the

effective date of Public Act 98-61).
(I) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (I) shall not apply to the person who is the
subject of the record.
(J) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18;
revised 10-5-17.)
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
Sec. 2-10. Temporary custody hearing. At the appearance of
the minor before the court at the temporary custody hearing,
all witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
(1) If the court finds that there is not probable cause to
believe that the minor is abused, neglected or dependent it
shall release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is abused, neglected or dependent, the
court shall state in writing the factual basis supporting its
finding and the minor, his or her parent, guardian, custodian
and other persons able to give relevant testimony shall be
examined before the court. The Department of Children and

Family Services shall give testimony concerning indicated
reports of abuse and neglect, of which they are aware of
through the central registry, involving the minor's parent,
guardian or custodian. After such testimony, the court may,
consistent with the health, safety and best interests of the
minor, enter an order that the minor shall be released upon the
request of parent, guardian or custodian if the parent,
guardian or custodian appears to take custody. If it is
determined that a parent's, guardian's, or custodian's
compliance with critical services mitigates the necessity for
removal of the minor from his or her home, the court may enter
an Order of Protection setting forth reasonable conditions of
behavior that a parent, guardian, or custodian must observe for
a specified period of time, not to exceed 12 months, without a
violation; provided, however, that the 12-month period shall
begin anew after any violation. "Custodian" includes the
Department of Children and Family Services, if it has been
given custody of the child, or any other agency of the State
which has been given custody or wardship of the child. If it is
consistent with the health, safety and best interests of the
minor, the court may also prescribe shelter care and order that
the minor be kept in a suitable place designated by the court
or in a shelter care facility designated by the Department of
Children and Family Services or a licensed child welfare
agency; however, on and after January 1, 2015 (the effective
date of Public Act 98-803) and before January 1, 2017, a minor

charged with a criminal offense under the Criminal Code of 1961
or the Criminal Code of 2012 or adjudicated delinquent shall
not be placed in the custody of or committed to the Department
of Children and Family Services by any court, except a minor
less than 16 years of age and committed to the Department of
Children and Family Services under Section 5-710 of this Act or
a minor for whom an independent basis of abuse, neglect, or
dependency exists; and on and after January 1, 2017, a minor
charged with a criminal offense under the Criminal Code of 1961
or the Criminal Code of 2012 or adjudicated delinquent shall
not be placed in the custody of or committed to the Department
of Children and Family Services by any court, except a minor
less than 15 years of age and committed to the Department of
Children and Family Services under Section 5-710 of this Act or
a minor for whom an independent basis of abuse, neglect, or
dependency exists. An independent basis exists when the
allegations or adjudication of abuse, neglect, or dependency do
not arise from the same facts, incident, or circumstances which
give rise to a charge or adjudication of delinquency.
In placing the minor, the Department or other agency shall,
to the extent compatible with the court's order, comply with
Section 7 of the Children and Family Services Act. In
determining the health, safety and best interests of the minor
to prescribe shelter care, the court must find that it is a
matter of immediate and urgent necessity for the safety and
protection of the minor or of the person or property of another

that the minor be placed in a shelter care facility or that he
or she is likely to flee the jurisdiction of the court, and
must further find that reasonable efforts have been made or
that, consistent with the health, safety and best interests of
the minor, no efforts reasonably can be made to prevent or
eliminate the necessity of removal of the minor from his or her
home. The court shall require documentation from the Department
of Children and Family Services as to the reasonable efforts
that were made to prevent or eliminate the necessity of removal
of the minor from his or her home or the reasons why no efforts
reasonably could be made to prevent or eliminate the necessity
of removal. When a minor is placed in the home of a relative,
the Department of Children and Family Services shall complete a
preliminary background review of the members of the minor's
custodian's household in accordance with Section 4.3 of the
Child Care Act of 1969 within 90 days of that placement. If the
minor is ordered placed in a shelter care facility of the
Department of Children and Family Services or a licensed child
welfare agency, the court shall, upon request of the
appropriate Department or other agency, appoint the Department
of Children and Family Services Guardianship Administrator or
other appropriate agency executive temporary custodian of the
minor and the court may enter such other orders related to the
temporary custody as it deems fit and proper, including the
provision of services to the minor or his family to ameliorate
the causes contributing to the finding of probable cause or to

the finding of the existence of immediate and urgent necessity.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, the Department of Children and Family
Services shall file with the court and serve on the parties a
parent-child visiting plan, within 10 days, excluding weekends
and holidays, after the appointment. The parent-child visiting
plan shall set out the time and place of visits, the frequency
of visits, the length of visits, who shall be present at the
visits, and where appropriate, the minor's opportunities to
have telephone and mail communication with the parents.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, and when the child has siblings in care,
the Department of Children and Family Services shall file with
the court and serve on the parties a sibling placement and
contact plan within 10 days, excluding weekends and holidays,
after the appointment. The sibling placement and contact plan
shall set forth whether the siblings are placed together, and
if they are not placed together, what, if any, efforts are
being made to place them together. If the Department has
determined that it is not in a child's best interest to be
placed with a sibling, the Department shall document in the
sibling placement and contact plan the basis for its
determination. For siblings placed separately, the sibling
placement and contact plan shall set the time and place for

visits, the frequency of the visits, the length of visits, who
shall be present for the visits, and where appropriate, the
child's opportunities to have contact with their siblings in
addition to in person contact. If the Department determines it
is not in the best interest of a sibling to have contact with a
sibling, the Department shall document in the sibling placement
and contact plan the basis for its determination. The sibling
placement and contact plan shall specify a date for development
of the Sibling Contact Support Plan, under subsection (f) of
Section 7.4 of the Children and Family Services Act, and shall
remain in effect until the Sibling Contact Support Plan is
developed.
For good cause, the court may waive the requirement to file
the parent-child visiting plan or the sibling placement and
contact plan, or extend the time for filing either plan. Any
party may, by motion, request the court to review the
parent-child visiting plan to determine whether it is
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal. A party may, by motion,
request the court to review the parent-child visiting plan or
the sibling placement and contact plan to determine whether it
is consistent with the minor's best interest. The court may
refer the parties to mediation where available. The frequency,
duration, and locations of visitation shall be measured by the
needs of the child and family, and not by the convenience of
Department personnel. Child development principles shall be

considered by the court in its analysis of how frequent
visitation should be, how long it should last, where it should
take place, and who should be present. If upon motion of the
party to review either plan and after receiving evidence, the
court determines that the parent-child visiting plan is not
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal or that the restrictions
placed on parent-child contact or sibling placement or contact
are contrary to the child's best interests, the court shall put
in writing the factual basis supporting the determination and
enter specific findings based on the evidence. The court shall
enter an order for the Department to implement changes to the
parent-child visiting plan or sibling placement or contact
plan, consistent with the court's findings. At any stage of
proceeding, any party may by motion request the court to enter
any orders necessary to implement the parent-child visiting
plan, sibling placement or contact plan or subsequently
developed Sibling Contact Support Plan. Nothing under this
subsection (2) shall restrict the court from granting
discretionary authority to the Department to increase
opportunities for additional parent-child contacts or sibling
contacts, without further court orders. Nothing in this
subsection (2) shall restrict the Department from immediately
restricting or terminating parent-child contact or sibling
contacts, without either amending the parent-child visiting
plan or the sibling contact plan or obtaining a court order,

where the Department or its assigns reasonably believe that
continuation of the contact, as set out in the plan, would be
contrary to the child's health, safety, and welfare. The
Department shall file with the court and serve on the parties
any amendments to the plan within 10 days, excluding weekends
and holidays, of the change of the visitation.
Acceptance of services shall not be considered an admission
of any allegation in a petition made pursuant to this Act, nor
may a referral of services be considered as evidence in any
proceeding pursuant to this Act, except where the issue is
whether the Department has made reasonable efforts to reunite
the family. In making its findings that it is consistent with
the health, safety and best interests of the minor to prescribe
shelter care, the court shall state in writing (i) the factual
basis supporting its findings concerning the immediate and
urgent necessity for the protection of the minor or of the
person or property of another and (ii) the factual basis
supporting its findings that reasonable efforts were made to
prevent or eliminate the removal of the minor from his or her
home or that no efforts reasonably could be made to prevent or
eliminate the removal of the minor from his or her home. The
parents, guardian, custodian, temporary custodian and minor
shall each be furnished a copy of such written findings. The
temporary custodian shall maintain a copy of the court order
and written findings in the case record for the child. The
order together with the court's findings of fact in support

thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the minor
be placed in a shelter care facility, the minor shall not be
returned to the parent, custodian or guardian until the court
finds that such placement is no longer necessary for the
protection of the minor.
If the child is placed in the temporary custody of the
Department of Children and Family Services for his or her
protection, the court shall admonish the parents, guardian,
custodian or responsible relative that the parents must
cooperate with the Department of Children and Family Services,
comply with the terms of the service plans, and correct the
conditions which require the child to be in care, or risk
termination of their parental rights. The court shall ensure,
by inquiring in open court of each parent, guardian, custodian
or responsible relative, that the parent, guardian, custodian
or responsible relative has had the opportunity to provide the
Department with all known names, addresses, and telephone
numbers of each of the minor's living maternal and paternal
adult relatives, including, but not limited to, grandparents,
aunts, uncles, and siblings. The court shall advise the
parents, guardian, custodian or responsible relative to inform
the Department if additional information regarding the minor's
adult relatives becomes available.
(3) If prior to the shelter care hearing for a minor

described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
unable to serve notice on the party respondent, the shelter
care hearing may proceed ex parte. A shelter care order from an
ex parte hearing shall be endorsed with the date and hour of
issuance and shall be filed with the clerk's office and entered
of record. The order shall expire after 10 days from the time
it is issued unless before its expiration it is renewed, at a
hearing upon appearance of the party respondent, or upon an
affidavit of the moving party as to all diligent efforts to
notify the party respondent by notice as herein prescribed. The
notice prescribed shall be in writing and shall be personally
delivered to the minor or the minor's attorney and to the last
known address of the other person or persons entitled to
notice. The notice shall also state the nature of the
allegations, the nature of the order sought by the State,
including whether temporary custody is sought, and the
consequences of failure to appear and shall contain a notice
that the parties will not be entitled to further written
notices or publication notices of proceedings in this case,
including the filing of an amended petition or a motion to
terminate parental rights, except as required by Supreme Court
Rule 11; and shall explain the right of the parties and the
procedures to vacate or modify a shelter care order as provided
in this Section. The notice for a shelter care hearing shall be
substantially as follows:
NOTICE TO PARENTS AND CHILDREN

OF SHELTER CARE HEARING
On ................ at ........., before the Honorable
................, (address:) ................., the State
of Illinois will present evidence (1) that (name of child
or children) ....................... are abused, neglected
or dependent for the following reasons:
.............................................. and (2)
whether there is "immediate and urgent necessity" to remove
the child or children from the responsible relative.
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
PLACEMENT of the child or children in foster care until a
trial can be held. A trial may not be held for up to 90
days. You will not be entitled to further notices of
proceedings in this case, including the filing of an
amended petition or a motion to terminate parental rights.
At the shelter care hearing, parents have the following
rights:
1. To ask the court to appoint a lawyer if they
cannot afford one.
2. To ask the court to continue the hearing to
allow them time to prepare.
3. To present evidence concerning:
a. Whether or not the child or children were
abused, neglected or dependent.
b. Whether or not there is "immediate and
urgent necessity" to remove the child from home

(including: their ability to care for the child,
conditions in the home, alternative means of
protecting the child other than removal).
c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate
notice of the Shelter Care Hearing at which temporary
custody of ............... was awarded to
................, you have the right to request a full
rehearing on whether the State should have temporary
custody of ................. To request this rehearing,
you must file with the Clerk of the Juvenile Court
(address): ........................, in person or by
mailing a statement (affidavit) setting forth the
following:
1. That you were not present at the shelter care
hearing.
2. That you did not get adequate notice (explaining
how the notice was inadequate).
3. Your signature.
4. Signature must be notarized.

The rehearing should be scheduled within 48 hours of
your filing this affidavit.
At the rehearing, your rights are the same as at the
initial shelter care hearing. The enclosed notice explains
those rights.
At the Shelter Care Hearing, children have the
following rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and to
present testimony concerning:
a. Whether they are abused, neglected or
dependent.
b. Whether there is "immediate and urgent
necessity" to be removed from home.
c. Their best interests.
3. To cross examine witnesses for other parties.
4. To obtain an explanation of any proceedings and
orders of the court.
(4) If the parent, guardian, legal custodian, responsible
relative, minor age 8 or over, or counsel of the minor did not
have actual notice of or was not present at the shelter care
hearing, he or she may file an affidavit setting forth these
facts, and the clerk shall set the matter for rehearing not
later than 48 hours, excluding Sundays and legal holidays,
after the filing of the affidavit. At the rehearing, the court
shall proceed in the same manner as upon the original hearing.

(5) Only when there is reasonable cause to believe that the
minor taken into custody is a person described in subsection
(3) of Section 5-105 may the minor be kept or detained in a
detention home or county or municipal jail. This Section shall
in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 years of age must be kept
separate from confined adults and may not at any time be kept
in the same cell, room, or yard with adults confined pursuant
to the criminal law.
(7) If the minor is not brought before a judicial officer
within the time period as specified in Section 2-9, the minor
must immediately be released from custody.
(8) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian or custodian to appear. At the
same time the probation department shall prepare a report on
the minor. If a parent, guardian or custodian does not appear
at such rehearing, the judge may enter an order prescribing
that the minor be kept in a suitable place designated by the
Department of Children and Family Services or a licensed child
welfare agency.

(9) Notwithstanding any other provision of this Section any
interested party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, on notice to all parties entitled to notice,
may file a motion that it is in the best interests of the minor
to modify or vacate a temporary custody order on any of the
following grounds:
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in shelter care; or
(b) There is a material change in the circumstances of
the natural family from which the minor was removed and the
child can be cared for at home without endangering the
child's health or safety; or
(c) A person not a party to the alleged abuse, neglect
or dependency, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children and
Family Services or a child welfare agency or other service
provider have been successful in eliminating the need for
temporary custody and the child can be cared for at home
without endangering the child's health or safety.
In ruling on the motion, the court shall determine whether
it is consistent with the health, safety and best interests of

the minor to modify or vacate a temporary custody order.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary custody order but does not
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of the
minor and his or her family.
(10) When the court finds or has found that there is
probable cause to believe a minor is an abused minor as
described in subsection (2) of Section 2-3 and that there is an
immediate and urgent necessity for the abused minor to be
placed in shelter care, immediate and urgent necessity shall be
presumed for any other minor residing in the same household as
the abused minor provided:
(a) Such other minor is the subject of an abuse or
neglect petition pending before the court; and
(b) A party to the petition is seeking shelter care for
such other minor.
Once the presumption of immediate and urgent necessity has
been raised, the burden of demonstrating the lack of immediate
and urgent necessity shall be on any party that is opposing
shelter care for the other minor.
(11) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).

(Source: P.A. 99-625, eff. 1-1-17; 99-642, eff. 7-28-16;
100-159, eff. 8-18-17; revised 10-5-17.)
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or guardian
of the person appointed under this Act to report periodically
to the court or may cite him into court and require him or his
agency, to make a full and accurate report of his or its doings
in behalf of the minor. The custodian or guardian, within 10
days after such citation, or earlier if the court determines it
to be necessary to protect the health, safety, or welfare of
the minor, shall make the report, either in writing verified by
affidavit or orally under oath in open court, or otherwise as
the court directs. Upon the hearing of the report the court may
remove the custodian or guardian and appoint another in his
stead or restore the minor to the custody of his parents or
former guardian or custodian. However, custody of the minor
shall not be restored to any parent, guardian or legal
custodian in any case in which the minor is found to be
neglected or abused under Section 2-3 or dependent under
Section 2-4 of this Act, unless the minor can be cared for at
home without endangering the minor's health or safety and it is
in the best interests of the minor, and if such neglect, abuse,
or dependency is found by the court under paragraph (1) of
Section 2-21 of this Act to have come about due to the acts or

omissions or both of such parent, guardian or legal custodian,
until such time as an investigation is made as provided in
paragraph (5) and a hearing is held on the issue of the fitness
of such parent, guardian or legal custodian to care for the
minor and the court enters an order that such parent, guardian
or legal custodian is fit to care for the minor.
(1.5) The public agency that is the custodian or guardian
of the minor shall file a written report with the court no
later than 15 days after a minor in the agency's care remains:
(1) in a shelter placement beyond 30 days;
(2) in a psychiatric hospital past the time when the
minor is clinically ready for discharge or beyond medical
necessity for the minor's health; or
(3) in a detention center or Department of Juvenile
Justice facility solely because the public agency cannot
find an appropriate placement for the minor.
The report shall explain the steps the agency is taking to
ensure the minor is placed appropriately, how the minor's needs
are being met in the minor's shelter placement, and if a future
placement has been identified by the Department, why the
anticipated placement is appropriate for the needs of the minor
and the anticipated placement date.
(2) The first permanency hearing shall be conducted by the
judge. Subsequent permanency hearings may be heard by a judge
or by hearing officers appointed or approved by the court in
the manner set forth in Section 2-28.1 of this Act. The initial

hearing shall be held (a) within 12 months from the date
temporary custody was taken, regardless of whether an
adjudication or dispositional hearing has been completed
within that time frame, (b) if the parental rights of both
parents have been terminated in accordance with the procedure
described in subsection (5) of Section 2-21, within 30 days of
the order for termination of parental rights and appointment of
a guardian with power to consent to adoption, or (c) in
accordance with subsection (2) of Section 2-13.1. Subsequent
permanency hearings shall be held every 6 months or more
frequently if necessary in the court's determination following
the initial permanency hearing, in accordance with the
standards set forth in this Section, until the court determines
that the plan and goal have been achieved. Once the plan and
goal have been achieved, if the minor remains in substitute
care, the case shall be reviewed at least every 6 months
thereafter, subject to the provisions of this Section, unless
the minor is placed in the guardianship of a suitable relative
or other person and the court determines that further
monitoring by the court does not further the health, safety or
best interest of the child and that this is a stable permanent
placement. The permanency hearings must occur within the time
frames set forth in this subsection and may not be delayed in
anticipation of a report from any source or due to the agency's
failure to timely file its written report (this written report
means the one required under the next paragraph and does not

mean the service plan also referred to in that paragraph).
The public agency that is the custodian or guardian of the
minor, or another agency responsible for the minor's care,
shall ensure that all parties to the permanency hearings are
provided a copy of the most recent service plan prepared within
the prior 6 months at least 14 days in advance of the hearing.
If not contained in the agency's service plan, the agency shall
also include a report setting forth (i) any special physical,
psychological, educational, medical, emotional, or other needs
of the minor or his or her family that are relevant to a
permanency or placement determination and (ii) for any minor
age 16 or over, a written description of the programs and
services that will enable the minor to prepare for independent
living. If not contained in the agency's service plan, the
agency's report shall specify if a minor is placed in a
licensed child care facility under a corrective plan by the
Department due to concerns impacting the minor's safety and
well-being. The report shall explain the steps the Department
is taking to ensure the safety and well-being of the minor and
that the minor's needs are met in the facility. The agency's
written report must detail what progress or lack of progress
the parent has made in correcting the conditions requiring the
child to be in care; whether the child can be returned home
without jeopardizing the child's health, safety, and welfare,
and if not, what permanency goal is recommended to be in the
best interests of the child, and why the other permanency goals

are not appropriate. The caseworker must appear and testify at
the permanency hearing. If a permanency hearing has not
previously been scheduled by the court, the moving party shall
move for the setting of a permanency hearing and the entry of
an order within the time frames set forth in this subsection.
At the permanency hearing, the court shall determine the
future status of the child. The court shall set one of the
following permanency goals:
(A) The minor will be returned home by a specific date
within 5 months.
(B) The minor will be in short-term care with a
continued goal to return home within a period not to exceed
one year, where the progress of the parent or parents is
substantial giving particular consideration to the age and
individual needs of the minor.
(B-1) The minor will be in short-term care with a
continued goal to return home pending a status hearing.
When the court finds that a parent has not made reasonable
efforts or reasonable progress to date, the court shall
identify what actions the parent and the Department must
take in order to justify a finding of reasonable efforts or
reasonable progress and shall set a status hearing to be
held not earlier than 9 months from the date of
adjudication nor later than 11 months from the date of
adjudication during which the parent's progress will again
be reviewed.

(C) The minor will be in substitute care pending court
determination on termination of parental rights.
(D) Adoption, provided that parental rights have been
terminated or relinquished.
(E) The guardianship of the minor will be transferred
to an individual or couple on a permanent basis provided
that goals (A) through (D) have been ruled out.
(F) The minor over age 15 will be in substitute care
pending independence.
(G) The minor will be in substitute care because he or
she cannot be provided for in a home environment due to
developmental disabilities or mental illness or because he
or she is a danger to self or others, provided that goals
(A) through (D) have been ruled out.
In selecting any permanency goal, the court shall indicate
in writing the reasons the goal was selected and why the
preceding goals were ruled out. Where the court has selected a
permanency goal other than (A), (B), or (B-1), the Department
of Children and Family Services shall not provide further
reunification services, but shall provide services consistent
with the goal selected.
(H) Notwithstanding any other provision in this
Section, the court may select the goal of continuing foster
care as a permanency goal if:
(1) The Department of Children and Family Services
has custody and guardianship of the minor;

(2) The court has ruled out all other permanency
goals based on the child's best interest;
(3) The court has found compelling reasons, based
on written documentation reviewed by the court, to
place the minor in continuing foster care. Compelling
reasons include:
(a) the child does not wish to be adopted or to
be placed in the guardianship of his or her
relative or foster care placement;
(b) the child exhibits an extreme level of need
such that the removal of the child from his or her
placement would be detrimental to the child; or
(c) the child who is the subject of the
permanency hearing has existing close and strong
bonds with a sibling, and achievement of another
permanency goal would substantially interfere with
the subject child's sibling relationship, taking
into consideration the nature and extent of the
relationship, and whether ongoing contact is in
the subject child's best interest, including
long-term emotional interest, as compared with the
legal and emotional benefit of permanence;
(4) The child has lived with the relative or foster
parent for at least one year; and
(5) The relative or foster parent currently caring
for the child is willing and capable of providing the

child with a stable and permanent environment.
The court shall set a permanency goal that is in the best
interest of the child. In determining that goal, the court
shall consult with the minor in an age-appropriate manner
regarding the proposed permanency or transition plan for the
minor. The court's determination shall include the following
factors:
(1) Age of the child.
(2) Options available for permanence, including both
out-of-State and in-State placement options.
(3) Current placement of the child and the intent of
the family regarding adoption.
(4) Emotional, physical, and mental status or
condition of the child.
(5) Types of services previously offered and whether or
not the services were successful and, if not successful,
the reasons the services failed.
(6) Availability of services currently needed and
whether the services exist.
(7) Status of siblings of the minor.
The court shall consider (i) the permanency goal contained
in the service plan, (ii) the appropriateness of the services
contained in the plan and whether those services have been
provided, (iii) whether reasonable efforts have been made by
all the parties to the service plan to achieve the goal, and
(iv) whether the plan and goal have been achieved. All evidence

relevant to determining these questions, including oral and
written reports, may be admitted and may be relied on to the
extent of their probative value.
The court shall make findings as to whether, in violation
of Section 8.2 of the Abused and Neglected Child Reporting Act,
any portion of the service plan compels a child or parent to
engage in any activity or refrain from any activity that is not
reasonably related to remedying a condition or conditions that
gave rise or which could give rise to any finding of child
abuse or neglect. The services contained in the service plan
shall include services reasonably related to remedy the
conditions that gave rise to removal of the child from the home
of his or her parents, guardian, or legal custodian or that the
court has found must be remedied prior to returning the child
home. Any tasks the court requires of the parents, guardian, or
legal custodian or child prior to returning the child home,
must be reasonably related to remedying a condition or
conditions that gave rise to or which could give rise to any
finding of child abuse or neglect.
If the permanency goal is to return home, the court shall
make findings that identify any problems that are causing
continued placement of the children away from the home and
identify what outcomes would be considered a resolution to
these problems. The court shall explain to the parents that
these findings are based on the information that the court has
at that time and may be revised, should additional evidence be

presented to the court.
The court shall review the Sibling Contact Support Plan
developed or modified under subsection (f) of Section 7.4 of
the Children and Family Services Act, if applicable. If the
Department has not convened a meeting to develop or modify a
Sibling Contact Support Plan, or if the court finds that the
existing Plan is not in the child's best interest, the court
may enter an order requiring the Department to develop, modify
or implement a Sibling Contact Support Plan, or order
mediation.
If the goal has been achieved, the court shall enter orders
that are necessary to conform the minor's legal custody and
status to those findings.
If, after receiving evidence, the court determines that the
services contained in the plan are not reasonably calculated to
facilitate achievement of the permanency goal, the court shall
put in writing the factual basis supporting the determination
and enter specific findings based on the evidence. The court
also shall enter an order for the Department to develop and
implement a new service plan or to implement changes to the
current service plan consistent with the court's findings. The
new service plan shall be filed with the court and served on
all parties within 45 days of the date of the order. The court
shall continue the matter until the new service plan is filed.
Except as authorized by subsection (2.5) of this Section and as
otherwise specifically authorized by law, the court is not

empowered under this Section to order specific placements,
specific services, or specific service providers to be included
in the service plan.
A guardian or custodian appointed by the court pursuant to
this Act shall file updated case plans with the court every 6
months.
Rights of wards of the court under this Act are enforceable
against any public agency by complaints for relief by mandamus
filed in any proceedings brought under this Act.
(2.5) If, after reviewing the evidence, including evidence
from the Department, the court determines that the minor's
current or planned placement is not necessary or appropriate to
facilitate achievement of the permanency goal, the court shall
put in writing the factual basis supporting its determination
and enter specific findings based on the evidence. If the court
finds that the minor's current or planned placement is not
necessary or appropriate, the court may enter an order
directing the Department to implement a recommendation by the
minor's treating clinician or a clinician contracted by the
Department to evaluate the minor or a recommendation made by
the Department. If the Department places a minor in a placement
under an order entered under this subsection (2.5), the
Department has the authority to remove the minor from that
placement when a change in circumstances necessitates the
removal to protect the minor's health, safety, and best
interest. If the Department determines removal is necessary,

the Department shall notify the parties of the planned
placement change in writing no later than 10 days prior to the
implementation of its determination unless remaining in the
placement poses an imminent risk of harm to the minor, in which
case the Department shall notify the parties of the placement
change in writing immediately following the implementation of
its decision. The Department shall notify others of the
decision to change the minor's placement as required by
Department rule.
(3) Following the permanency hearing, the court shall enter
a written order that includes the determinations required under
subsection (2) of this Section and sets forth the following:
(a) The future status of the minor, including the
permanency goal, and any order necessary to conform the
minor's legal custody and status to such determination; or
(b) If the permanency goal of the minor cannot be
achieved immediately, the specific reasons for continuing
the minor in the care of the Department of Children and
Family Services or other agency for short term placement,
and the following determinations:
(i) (Blank).
(ii) Whether the services required by the court and
by any service plan prepared within the prior 6 months
have been provided and (A) if so, whether the services
were reasonably calculated to facilitate the
achievement of the permanency goal or (B) if not

provided, why the services were not provided.
(iii) Whether the minor's current or planned
placement current or planned is necessary, and
appropriate to the plan and goal, recognizing the right
of minors to the least restrictive (most family-like)
setting available and in close proximity to the
parents' home consistent with the health, safety, best
interest and special needs of the minor and, if the
minor is placed out-of-State, whether the out-of-State
placement continues to be appropriate and consistent
with the health, safety, and best interest of the
minor.
(iv) (Blank).
(v) (Blank).
(4) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and the
appointment of a new custodian or guardian of the person or for
the restoration of the minor to the custody of his parents or
former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The Department, the minor, or the current foster
parent or relative caregiver seeking private guardianship
may file a motion for private guardianship of the minor.
Appointment of a guardian under this Section requires
approval of the court.
(b) The State's Attorney may file a motion to terminate

parental rights of any parent who has failed to make
reasonable efforts to correct the conditions which led to
the removal of the child or reasonable progress toward the
return of the child, as defined in subdivision (D)(m) of
Section 1 of the Adoption Act or for whom any other
unfitness ground for terminating parental rights as
defined in subdivision (D) of Section 1 of the Adoption Act
exists.
When parental rights have been terminated for a minimum
of 3 years and the child who is the subject of the
permanency hearing is 13 years old or older and is not
currently placed in a placement likely to achieve
permanency, the Department of Children and Family Services
shall make reasonable efforts to locate parents whose
rights have been terminated, except when the Court
determines that those efforts would be futile or
inconsistent with the subject child's best interests. The
Department of Children and Family Services shall assess the
appropriateness of the parent whose rights have been
terminated, and shall, as appropriate, foster and support
connections between the parent whose rights have been
terminated and the youth. The Department of Children and
Family Services shall document its determinations and
efforts to foster connections in the child's case plan.
Custody of the minor shall not be restored to any parent,
guardian or legal custodian in any case in which the minor is

found to be neglected or abused under Section 2-3 or dependent
under Section 2-4 of this Act, unless the minor can be cared
for at home without endangering his or her health or safety and
it is in the best interest of the minor, and if such neglect,
abuse, or dependency is found by the court under paragraph (1)
of Section 2-21 of this Act to have come about due to the acts
or omissions or both of such parent, guardian or legal
custodian, until such time as an investigation is made as
provided in paragraph (5) and a hearing is held on the issue of
the health, safety and best interest of the minor and the
fitness of such parent, guardian or legal custodian to care for
the minor and the court enters an order that such parent,
guardian or legal custodian is fit to care for the minor. In
the event that the minor has attained 18 years of age and the
guardian or custodian petitions the court for an order
terminating his guardianship or custody, guardianship or
custody shall terminate automatically 30 days after the receipt
of the petition unless the court orders otherwise. No legal
custodian or guardian of the person may be removed without his
consent until given notice and an opportunity to be heard by
the court.
When the court orders a child restored to the custody of
the parent or parents, the court shall order the parent or
parents to cooperate with the Department of Children and Family
Services and comply with the terms of an after-care plan, or
risk the loss of custody of the child and possible termination

of their parental rights. The court may also enter an order of
protective supervision in accordance with Section 2-24.
(5) Whenever a parent, guardian, or legal custodian files a
motion for restoration of custody of the minor, and the minor
was adjudicated neglected, abused, or dependent as a result of
physical abuse, the court shall cause to be made an
investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would indicate
the likelihood of any further physical abuse to the minor.
Evidence of such criminal convictions shall be taken into
account in determining whether the minor can be cared for at
home without endangering his or her health or safety and
fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision thereof
shall co-operate with the agent of the court in providing
any information sought in the investigation.
(b) The information derived from the investigation and
any conclusions or recommendations derived from the
information shall be provided to the parent, guardian, or
legal custodian seeking restoration of custody prior to the
hearing on fitness and the movant shall have an opportunity
at the hearing to refute the information or contest its
significance.
(c) All information obtained from any investigation
shall be confidential as provided in Section 5-150 of this
Act.

(Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17;
100-229, eff. 1-1-18; revised 10-10-17.)
(705 ILCS 405/5-915)
Sec. 5-915. Expungement of juvenile law enforcement and
court records.
(0.05) For purposes of this Section:
"Dissemination" or "disseminate" means to publish,
produce, print, manufacture, distribute, sell, lease,
exhibit, broadcast, display, transmit, or otherwise share
information in any format so as to make the information
accessible to others.
"Expunge" means to physically destroy the records and
to obliterate the minor's name and juvenile court records
from any official index, public record, or electronic
database. No evidence of the juvenile court records may be
retained by any law enforcement agency, the juvenile court,
or by any municipal, county, or State agency or department.
Nothing in this Act shall require the physical destruction
of the internal office records, files, or databases
maintained by a State's Attorney's Office or other
prosecutor or by the Office of the Secretary of State.
"Juvenile court record" includes, but is not limited
to:
(a) all documents filed in or maintained by the
juvenile court pertaining to a specific incident,

proceeding, or individual;
(b) all documents relating to a specific incident,
proceeding, or individual made available to or maintained
by probation officers;
(c) all documents, video or audio tapes,
photographs, and exhibits admitted into evidence at
juvenile court hearings; or
(d) all documents, transcripts, records, reports
or other evidence prepared by, maintained by, or released
by any municipal, county, or State state agency or
department, in any format, if indicating involvement with
the juvenile court relating to a specific incident,
proceeding, or individual.
"Law enforcement record" includes, but is not limited
to, records of arrest, station adjustments, fingerprints,
probation adjustments, the issuance of a notice to appear,
or any other records or documents maintained by any law
enforcement agency relating to a minor suspected of
committing an offense or evidence of interaction with law
enforcement.
(0.1) (a) The Department of State Police and all law
enforcement agencies within the State shall automatically
expunge, on or before January 1 of each year, all law
enforcement records relating to events occurring before an
individual's 18th birthday if:
(1) one year or more has elapsed since the date of the

arrest or law enforcement interaction documented in the
records;
(2) no petition for delinquency or criminal charges
were filed with the clerk of the circuit court relating to
the arrest or law enforcement interaction documented in the
records; and
(3) 6 months have elapsed without an additional
subsequent arrest or filing of a petition for delinquency
or criminal charges whether related or not to the arrest or
law enforcement interaction documented in the records.
(b) If the law enforcement agency is unable to verify
satisfaction of conditions (2) and (3) of this subsection
(0.1), records that satisfy condition (1) of this subsection
(0.1) shall be automatically expunged if the records relate to
an offense that if committed by an adult would not be an
offense classified as Class 2 felony or higher, an offense
under Article 11 of the Criminal Code of 1961 or Criminal Code
of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961.
(0.2) (a) Upon dismissal of a petition alleging delinquency
or upon a finding of not delinquent, the successful termination
of an order of supervision, or an adjudication for an offense
which would be a Class B misdemeanor, Class C misdemeanor, or a
petty or business offense if committed by an adult, the court
shall automatically order the expungement of the juvenile court
and law enforcement records within 60 business days.

(b) If the chief law enforcement officer of the agency, or
his or her designee, certifies in writing that certain
information is needed for a pending investigation involving the
commission of a felony, that information, and information
identifying the juvenile, may be retained in an intelligence
file until the investigation is terminated or for one
additional year, whichever is sooner. Retention of a portion of
a juvenile's law enforcement record does not disqualify the
remainder of his or her record from immediate automatic
expungement.
(0.3) (a) Upon an adjudication of delinquency based on any
offense except a disqualified offense, the juvenile court shall
automatically order the expungement of the juvenile records 2
years after the juvenile's case was closed if no delinquency or
criminal proceeding is pending and the person has had no
subsequent delinquency adjudication or criminal conviction.
The court shall automatically order the expungement of the
juvenile court and law enforcement records within 60 business
days. For the purposes of this subsection (0.3), "disqualified
offense" means any of the following offenses: Section 8-1.2,
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,
18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,

29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
of subsection (a) of Section 11-14.4, subsection (a-5) of
Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
paragraph (1) or (2) of subsection (a) of Section 12-7.4,
subparagraph (i) of paragraph (1) of subsection (a) of Section
12-9, subparagraph (H) of paragraph (3) of subsection (a) of
Section 24-1.6, paragraph (1) of subsection (a) of Section
25-1, or subsection (a-7) of Section 31-1 of the Criminal Code
of 2012.
(b) If the chief law enforcement officer of the agency, or
his or her designee, certifies in writing that certain
information is needed for a pending investigation involving the
commission of a felony, that information, and information
identifying the juvenile, may be retained in an intelligence
file until the investigation is terminated or for one
additional year, whichever is sooner. Retention of a portion of
a juvenile's law enforcement record does not disqualify the
remainder of his or her record from immediate automatic
expungement.
(1) Nothing in this subsection (1) precludes an eligible
minor from obtaining expungement under subsection subsections
(0.1), (0.2), or (0.3). Whenever a person has been arrested,
charged, or adjudicated delinquent for an incident occurring
before his or her 18th birthday that if committed by an adult

would be an offense, and that person's records are not eligible
for automatic expungement under subsection subsections (0.1),
(0.2), or (0.3), the person may petition the court at any time
for expungement of law enforcement records and juvenile court
records relating to the incident and, upon termination of all
juvenile court proceedings relating to that incident, the court
shall order the expungement of all records in the possession of
the Department of State Police, the clerk of the circuit court,
and law enforcement agencies relating to the incident, but only
in any of the following circumstances:
(a) the minor was arrested and no petition for
delinquency was filed with the clerk of the circuit court;
(a-5) the minor was charged with an offense and the
petition or petitions were dismissed without a finding of
delinquency;
(b) the minor was charged with an offense and was found
not delinquent of that offense;
(c) the minor was placed under supervision pursuant to
Section 5-615, and the order of supervision has since been
successfully terminated; or
(d) the minor was adjudicated for an offense which
would be a Class B misdemeanor, Class C misdemeanor, or a
petty or business offense if committed by an adult.
(1.5) January 1, 2015 (Public Act 98-637) The Department of
State Police shall allow a person to use the Access and Review
process, established in the Department of State Police, for

verifying that his or her law enforcement records relating to
incidents occurring before his or her 18th birthday eligible
under this Act have been expunged.
(1.6) (Blank). January 1, 2015 (Public Act 98-637) January
1, 2015 (Public Act 98-637)
(1.7) (Blank).
(1.8) (Blank).
(2) Any person whose delinquency adjudications are not
eligible for automatic expungement under subsection (0.3) of
this Section may petition the court to expunge all law
enforcement records relating to any incidents occurring before
his or her 18th birthday which did not result in proceedings in
criminal court and all juvenile court records with respect to
any adjudications except those based upon first degree murder
or an offense under Article 11 of the Criminal Code of 2012 if
the person is required to register under the Sex Offender
Registration Act; provided that:
(a) (blank); or
(b) 2 years have elapsed since all juvenile court
proceedings relating to him or her have been terminated and
his or her commitment to the Department of Juvenile Justice
under this Act has been terminated.
(2.5) If a minor is arrested and no petition for
delinquency is filed with the clerk of the circuit court at the
time the minor is released from custody, the youth officer, if
applicable, or other designated person from the arresting

agency, shall notify verbally and in writing to the minor or
the minor's parents or guardians that the minor shall have an
arrest record and shall provide the minor and the minor's
parents or guardians with an expungement information packet,
information regarding this State's expungement laws including
a petition to expunge juvenile records obtained from the clerk
of the circuit court.
(2.6) If a minor is referred to court then at the time of
sentencing or dismissal of the case, or successful completion
of supervision, the judge shall inform the delinquent minor of
his or her rights regarding expungement and the clerk of the
circuit court shall provide an expungement information packet
to the minor, written in plain language, including information
regarding this State's expungement laws and a petition for
expungement, a sample of a completed petition, expungement
instructions that shall include information informing the
minor that (i) once the case is expunged, it shall be treated
as if it never occurred, (ii) he or she may apply to have
petition fees waived, (iii) once he or she obtains an
expungement, he or she may not be required to disclose that he
or she had a juvenile record, and (iv) if petitioning he or she
may file the petition on his or her own or with the assistance
of an attorney. The failure of the judge to inform the
delinquent minor of his or her right to petition for
expungement as provided by law does not create a substantive
right, nor is that failure grounds for: (i) a reversal of an

adjudication of delinquency, (ii) a new trial; or (iii) an
appeal.
(2.7) (Blank).
(2.8) The petition for expungement for subsection (1) and
(2) may include multiple offenses on the same petition and
shall be substantially in the following form:
IN THE CIRCUIT COURT OF ......, ILLINOIS
........ JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
PETITION TO EXPUNGE JUVENILE RECORDS
(705 ILCS 405/5-915 (SUBSECTION 1 AND 2))
Now comes ............., petitioner, and respectfully requests
that this Honorable Court enter an order expunging all juvenile
law enforcement and court records of petitioner and in support
thereof states that: Petitioner was arrested on ..... by the
....... Police Department for the offense or offenses of
......., and:
(Check All That Apply:)
( ) a. no petition or petitions were filed with the Clerk of
the Circuit Court.

( ) b. was charged with ...... and was found not delinquent of
the offense or offenses.
( ) c. a petition or petitions were filed and the petition or
petitions were dismissed without a finding of delinquency on
.....
( ) d. on ....... placed under supervision pursuant to Section
5-615 of the Juvenile Court Act of 1987 and such order of
supervision successfully terminated on ........
( ) e. was adjudicated for the offense or offenses, which would
have been a Class B misdemeanor, a Class C misdemeanor, or a
petty offense or business offense if committed by an adult.
( ) f. was adjudicated for a Class A misdemeanor or felony,
except first degree murder or an offense under Article 11 of
the Criminal Code of 2012 if the person is required to register
under the Sex Offender Registration Act, and 2 years have
passed since the case was closed.
Petitioner .... has .... has not been arrested on charges in
this or any county other than the charges listed above. If
petitioner has been arrested on additional charges, please list
the charges below:
Charge(s): ......
Arresting Agency or Agencies: ...........
Disposition/Result: (choose from a. through f., above): .....
WHEREFORE, the petitioner respectfully requests this Honorable
Court to (1) order all law enforcement agencies to expunge all
records of petitioner to this incident or incidents, and (2) to

order the Clerk of the Court to expunge all records concerning
the petitioner regarding this incident or incidents.
......................
Petitioner (Signature)
..........................
Petitioner's Street Address
.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number
Pursuant to the penalties of perjury under the Code of Civil
Procedure, 735 ILCS 5/1-109, I hereby certify that the
statements in this petition are true and correct, or on
information and belief I believe the same to be true.
......................
Petitioner (Signature)
first degree
(3) The chief judge of the circuit in which an arrest was
made or a charge was brought or any judge of that circuit
designated by the chief judge may, upon verified petition of a

person who is the subject of an arrest or a juvenile court
proceeding under subsection (1) or (2) of this Section, order
the law enforcement records or official court file, or both, to
be expunged from the official records of the arresting
authority, the clerk of the circuit court and the Department of
State Police. The person whose records are to be expunged shall
petition the court using the appropriate form containing his or
her current address and shall promptly notify the clerk of the
circuit court of any change of address. Notice of the petition
shall be served upon the State's Attorney or prosecutor charged
with the duty of prosecuting the offense, the Department of
State Police, and the arresting agency or agencies by the clerk
of the circuit court. If an objection is filed within 45 days
of the notice of the petition, the clerk of the circuit court
shall set a date for hearing after the 45-day objection period.
At the hearing the court shall hear evidence on whether the
expungement should or should not be granted. Unless the State's
Attorney or prosecutor, the Department of State Police, or an
arresting agency objects to the expungement within 45 days of
the notice, the court may enter an order granting expungement.
The clerk shall forward a certified copy of the order to the
Department of State Police and deliver a certified copy of the
order to the arresting agency.
(3.1) The Notice of Expungement shall be in substantially
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS

.... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
NOTICE
TO: State's Attorney
TO: Arresting Agency
................
................
................
................
TO: Illinois State Police
.....................
.....................
ATTENTION: Expungement
You are hereby notified that on ....., at ....., in courtroom
..., located at ..., before the Honorable ..., Judge, or any
judge sitting in his/her stead, I shall then and there present

a Petition to Expunge Juvenile records in the above-entitled
matter, at which time and place you may appear.
......................
Petitioner's Signature
...........................
Petitioner's Street Address
.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number
PROOF OF SERVICE
On the ....... day of ......, 20..., I on oath state that I
served this notice and true and correct copies of the
above-checked documents by:
(Check One:)
delivering copies personally to each entity to whom they are
directed;
or
by mailing copies to each entity to whom they are directed by
depositing the same in the U.S. Mail, proper postage fully
prepaid, before the hour of 5:00 p.m., at the United States
Postal Depository located at .................
.........................................
Signature
Clerk of the Circuit Court or Deputy Clerk

Printed Name of Delinquent Minor/Petitioner: ....
Address: ........................................
Telephone Number: ...............................
(3.2) The Order of Expungement shall be in substantially
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
.... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
DOB ................
Arresting Agency/Agencies ......
ORDER OF EXPUNGEMENT
(705 ILCS 405/5-915 (SUBSECTION 3))
This matter having been heard on the petitioner's motion and
the court being fully advised in the premises does find that
the petitioner is indigent or has presented reasonable cause to
waive all costs in this matter, IT IS HEREBY ORDERED that:
( ) 1. Clerk of Court and Department of State Police costs
are hereby waived in this matter.
( ) 2. The Illinois State Police Bureau of Identification
and the following law enforcement agencies expunge all records

of petitioner relating to an arrest dated ...... for the
offense of ......
Law Enforcement Agencies:
.........................
.........................
( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
Court expunge all records regarding the above-captioned case.
ENTER: ......................
JUDGE
DATED: .......
Name:
Attorney for:
Address: City/State/Zip:
Attorney Number:
(3.3) The Notice of Objection shall be in substantially the
following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
....................... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)

NOTICE OF OBJECTION
TO:(Attorney, Public Defender, Minor)
.................................
.................................
TO:(Illinois State Police)
.................................
.................................
TO:(Clerk of the Court)
.................................
.................................
TO:(Judge)
.................................
.................................
TO:(Arresting Agency/Agencies)
.................................
.................................
ATTENTION: You are hereby notified that an objection has been
filed by the following entity regarding the above-named minor's
petition for expungement of juvenile records:
( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged
with the duty of prosecuting the offense sought to be expunged;
( ) Department of Illinois State Police; or
( ) Arresting Agency or Agencies.
The agency checked above respectfully requests that this case
be continued and set for hearing on whether the expungement

should or should not be granted.
DATED: .......
Name:
Attorney For:
Address:
City/State/Zip:
Telephone:
Attorney No.:
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
This matter has been set for hearing on the foregoing
objection, on ...... in room ...., located at ....., before the
Honorable ....., Judge, or any judge sitting in his/her stead.
(Only one hearing shall be set, regardless of the number of
Notices of Objection received on the same case).
A copy of this completed Notice of Objection containing the
court date, time, and location, has been sent via regular U.S.
Mail to the following entities. (If more than one Notice of
Objection is received on the same case, each one must be
completed with the court date, time and location and mailed to
the following entities):
( ) Attorney, Public Defender or Minor;
( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged
with the duty of prosecuting the offense sought to be expunged;
( ) Department of Illinois State Police; and
( ) Arresting agency or agencies.

Date: ......
Initials of Clerk completing this section: .....
(4)(a) Upon entry of an order expunging records or files,
the offense, which the records or files concern shall be
treated as if it never occurred. Law enforcement officers and
other public offices and agencies shall properly reply on
inquiry that no record or file exists with respect to the
person.
(a-5) Local law enforcement agencies shall send written
notice to the minor of the expungement of any records within 60
days of automatic expungement or the date of service of an
expungement order, whichever applies. If a minor's court file
has been expunged, the clerk of the circuit court shall send
written notice to the minor of the expungement of any records
within 60 days of automatic expungement or the date of service
of an expungement order, whichever applies.
(b) Except with respect to authorized military personnel,
an expunged juvenile record may not be considered by any
private or public entity in employment matters, certification,
licensing, revocation of certification or licensure, or
registration. Applications for employment within the State
must contain specific language that states that the applicant
is not obligated to disclose expunged juvenile records of
adjudication or arrest. Employers may not ask, in any format or
context, if an applicant has had a juvenile record expunged.
Information about an expunged record obtained by a potential

employer, even inadvertently, from an employment application
that does not contain specific language that states that the
applicant is not obligated to disclose expunged juvenile
records of adjudication or arrest, shall be treated as
dissemination of an expunged record by the employer.
(c) A person whose juvenile records have been expunged is
not entitled to remission of any fines, costs, or other money
paid as a consequence of expungement.
(5) (Blank).,
(5.5) Whether or not expunged, records eligible for
automatic expungement under subdivision (0.1)(a), (0.2)(a), or
(0.3)(a) may be treated as expunged by the individual subject
to the records.
(6) Nothing in this Section shall be construed to prohibit
the maintenance of information relating to an offense after
records or files concerning the offense have been expunged if
the information is kept in a manner that does not enable
identification of the individual. This information may only be
used for anonymous statistical and bona fide research purposes.
(6.5) The Department of State Police or any employee of the
Department shall be immune from civil or criminal liability for
failure to expunge any records of arrest that are subject to
expungement under this Section because of inability to verify a
record. Nothing in this Section shall create Department of
State Police liability or responsibility for the expungement of
law enforcement records it does not possess.

(7)(a) The State Appellate Defender shall establish,
maintain, and carry out, by December 31, 2004, a juvenile
expungement program to provide information and assistance to
minors eligible to have their juvenile records expunged.
(b) The State Appellate Defender shall develop brochures,
pamphlets, and other materials in printed form and through the
agency's World Wide Web site. The pamphlets and other materials
shall include at a minimum the following information:
(i) An explanation of the State's juvenile expungement
laws, including both automatic expungement and expungement
by petition;
(ii) The circumstances under which juvenile
expungement may occur;
(iii) The juvenile offenses that may be expunged;
(iv) The steps necessary to initiate and complete the
juvenile expungement process; and
(v) Directions on how to contact the State Appellate
Defender.
(c) The State Appellate Defender shall establish and
maintain a statewide toll-free telephone number that a person
may use to receive information or assistance concerning the
expungement of juvenile records. The State Appellate Defender
shall advertise the toll-free telephone number statewide. The
State Appellate Defender shall develop an expungement
information packet that may be sent to eligible persons seeking
expungement of their juvenile records, which may include, but

is not limited to, a pre-printed expungement petition with
instructions on how to complete the petition and a pamphlet
containing information that would assist individuals through
the juvenile expungement process.
(d) The State Appellate Defender shall compile a statewide
list of volunteer attorneys willing to assist eligible
individuals through the juvenile expungement process.
(e) This Section shall be implemented from funds
appropriated by the General Assembly to the State Appellate
Defender for this purpose. The State Appellate Defender shall
employ the necessary staff and adopt the necessary rules for
implementation of this Section.
(7.5) (a) Willful dissemination of any information
contained in an expunged record shall be treated as a Class C
misdemeanor and punishable by a fine of $1,000 per violation.
(b) Willful dissemination for financial gain of any
information contained in an expunged record shall be treated as
a Class 4 felony. Dissemination for financial gain by an
employee of any municipal, county, or State agency, including
law enforcement, shall result in immediate termination.
(c) The person whose record was expunged has a right of
action against any person who intentionally disseminates an
expunged record. In the proceeding, punitive damages up to an
amount of $1,000 may be sought in addition to any actual
damages. The prevailing party shall be entitled to costs and
reasonable attorney fees.

(d) The punishments for dissemination of an expunged record
shall never apply to the person whose record was expunged.
(8)(a) An expunged juvenile record may not be considered by
any private or public entity in employment matters,
certification, licensing, revocation of certification or
licensure, or registration. Applications for employment must
contain specific language that states that the applicant is not
obligated to disclose expunged juvenile records of
adjudication, conviction, or arrest. Employers may not ask if
an applicant has had a juvenile record expunged. Effective
January 1, 2005, the Department of Labor shall develop a link
on the Department's website to inform employers that employers
may not ask if an applicant had a juvenile record expunged and
that application for employment must contain specific language
that states that the applicant is not obligated to disclose
expunged juvenile records of adjudication, arrest, or
conviction.
(b) (Blank). Public Act 93-912
(c) The expungement of juvenile records under subsection
subsections 0.1, 0.2, or 0.3 of this Section shall be funded by
the additional fine imposed under Section 5-9-1.17 of the
Unified Code of Corrections.
(9) (Blank).
(10) (Blank). Public Act 98-637 Public Act 98-637
(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
100-201, eff. 8-18-17; 100-285, eff. 1-1-18; revised

10-10-17.)
Section 565. The Criminal Code of 2012 is amended by
changing Sections 3-5, 3-6, 9-1, 11-9.1, and 12-7.1 as follows:
(720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
Sec. 3-5. General limitations.
(a) A prosecution for: (1) first degree murder, attempt to
commit first degree murder, second degree murder, involuntary
manslaughter, reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code for the offense of
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof when the violation was a proximate cause of
a death, leaving the scene of a motor vehicle accident
involving death or personal injuries under Section 11-401 of
the Illinois Vehicle Code, failing to give information and
render aid under Section 11-403 of the Illinois Vehicle Code,
concealment of homicidal death, treason, arson, residential
arson, aggravated arson, forgery, child pornography under
paragraph (1) of subsection (a) of Section 11-20.1, or
aggravated child pornography under paragraph (1) of subsection
(a) of Section 11-20.1B, or (2) any offense involving sexual
conduct or sexual penetration, as defined by Section 11-0.1 of
this Code in which the DNA profile of the offender is obtained

and entered into a DNA database within 10 years after the
commission of the offense, may be commenced at any time. Clause
(2) of this subsection (a) applies if either: (i) the victim
reported the offense to law enforcement authorities within 3
years after the commission of the offense unless a longer
period for reporting the offense to law enforcement authorities
is provided in Section 3-6 or (ii) the victim is murdered
during the course of the offense or within 2 years after the
commission of the offense.
(a-5) A prosecution for theft of property exceeding
$100,000 in value under Section 16-1, identity theft under
subsection (a) of Section 16-30, aggravated identity theft
under subsection (b) of Section 16-30, financial exploitation
of an elderly person or a person with a disability under
Section 17-56; or any offense set forth in Article 16H or
Section 17-10.6 may be commenced within 7 years of the last act
committed in furtherance of the crime.
(b) Unless the statute describing the offense provides
otherwise, or the period of limitation is extended by Section
3-6, a prosecution for any offense not designated in subsection
(a) or (a-5) must be commenced within 3 years after the
commission of the offense if it is a felony, or within one year
and 6 months after its commission if it is a misdemeanor.
(Source: P.A. 99-820, eff. 8-15-16; 100-149, eff. 1-1-18;
revised 10-5-17.)

(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
Sec. 3-6. Extended limitations. The period within which a
prosecution must be commenced under the provisions of Section
3-5 or other applicable statute is extended under the following
conditions:
(a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced
as follows:
(1) If the aggrieved person is a minor or a person
under legal disability, then during the minority or legal
disability or within one year after the termination
thereof.
(2) In any other instance, within one year after the
discovery of the offense by an aggrieved person, or by a
person who has legal capacity to represent an aggrieved
person or has a legal duty to report the offense, and is
not himself or herself a party to the offense; or in the
absence of such discovery, within one year after the proper
prosecuting officer becomes aware of the offense. However,
in no such case is the period of limitation so extended
more than 3 years beyond the expiration of the period
otherwise applicable.
(b) A prosecution for any offense based upon misconduct in
office by a public officer or employee may be commenced within
one year after discovery of the offense by a person having a
legal duty to report such offense, or in the absence of such

discovery, within one year after the proper prosecuting officer
becomes aware of the offense. However, in no such case is the
period of limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable.
(b-5) When the victim is under 18 years of age at the time
of the offense, a prosecution for involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons and related offenses under Section 10-9 of this Code
may be commenced within 25 years of the victim attaining the
age of 18 years.
(c) (Blank).
(d) A prosecution for child pornography, aggravated child
pornography, indecent solicitation of a child, soliciting for a
juvenile prostitute, juvenile pimping, exploitation of a
child, or promoting juvenile prostitution except for keeping a
place of juvenile prostitution may be commenced within one year
of the victim attaining the age of 18 years. However, in no
such case shall the time period for prosecution expire sooner
than 3 years after the commission of the offense.
(e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 11-0.1 of this Code, where
the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the

discovery of the offense by the victim.
(f) A prosecution for any offense set forth in Section 44
of the "Environmental Protection Act", approved June 29, 1970,
as amended, may be commenced within 5 years after the discovery
of such an offense by a person or agency having the legal duty
to report the offense or in the absence of such discovery,
within 5 years after the proper prosecuting officer becomes
aware of the offense.
(f-5) A prosecution for any offense set forth in Section
16-30 of this Code may be commenced within 5 years after the
discovery of the offense by the victim of that offense.
(g) (Blank).
(h) (Blank).
(i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if
the victim reported the offense to law enforcement authorities
within 3 years after the commission of the offense.
Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(i-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced within 10
years of the commission of the offense if it arises out of the
same course of conduct and meets the criteria under one of the

offenses in subsection (i) of this Section.
(j) (1) When the victim is under 18 years of age at the
time of the offense, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse, or felony
criminal sexual abuse may be commenced at any time.
(2) When the victim is under 18 years of age at the time of
the offense, a prosecution for failure of a person who is
required to report an alleged or suspected commission of
criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, aggravated
criminal sexual abuse, or felony criminal sexual abuse under
the Abused and Neglected Child Reporting Act may be commenced
within 20 years after the child victim attains 18 years of age.
(3) When the victim is under 18 years of age at the time of
the offense, a prosecution for misdemeanor criminal sexual
abuse may be commenced within 10 years after the child victim
attains 18 years of age.
(4) Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(j-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced at any
time if it arises out of the same course of conduct and meets
the criteria under one of the offenses in subsection (j) of
this Section.

(k) (Blank).
(l) A prosecution for any offense set forth in Section 26-4
of this Code may be commenced within one year after the
discovery of the offense by the victim of that offense.
(m) The prosecution shall not be required to prove at trial
facts which extend the general limitations in Section 3-5 of
this Code when the facts supporting extension of the period of
general limitations are properly pled in the charging document.
Any challenge relating to the extension of the general
limitations period as defined in this Section shall be
exclusively conducted under Section 114-1 of the Code of
Criminal Procedure of 1963.
(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
1-1-18; revised 10-5-17.)
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. First degree murder; death penalties;
exceptions; separate hearings; proof; findings; appellate
procedures; reversals. First degree Murder - Death penalties -
Exceptions - Separate Hearings - Proof - Findings - Appellate
procedures - Reversals.
(a) A person who kills an individual without lawful
justification commits first degree murder if, in performing the
acts which cause the death:
(1) he either intends to kill or do great bodily harm

to that individual or another, or knows that such acts will
cause death to that individual or another; or
(2) he knows that such acts create a strong probability
of death or great bodily harm to that individual or
another; or
(3) he is attempting or committing a forcible felony
other than second degree murder.
(b) Aggravating Factors. A defendant who at the time of the
commission of the offense has attained the age of 18 or more
and who has been found guilty of first degree murder may be
sentenced to death if:
(1) the murdered individual was a peace officer or
fireman killed in the course of performing his official
duties, to prevent the performance of his official duties,
or in retaliation for performing his official duties, and
the defendant knew or should have known that the murdered
individual was a peace officer or fireman; or
(2) the murdered individual was an employee of an
institution or facility of the Department of Corrections,
or any similar local correctional agency, killed in the
course of performing his official duties, to prevent the
performance of his official duties, or in retaliation for
performing his official duties, or the murdered individual
was an inmate at such institution or facility and was
killed on the grounds thereof, or the murdered individual
was otherwise present in such institution or facility with

the knowledge and approval of the chief administrative
officer thereof; or
(3) the defendant has been convicted of murdering two
or more individuals under subsection (a) of this Section or
under any law of the United States or of any state which is
substantially similar to subsection (a) of this Section
regardless of whether the deaths occurred as the result of
the same act or of several related or unrelated acts so
long as the deaths were the result of either an intent to
kill more than one person or of separate acts which the
defendant knew would cause death or create a strong
probability of death or great bodily harm to the murdered
individual or another; or
(4) the murdered individual was killed as a result of
the hijacking of an airplane, train, ship, bus or other
public conveyance; or
(5) the defendant committed the murder pursuant to a
contract, agreement or understanding by which he was to
receive money or anything of value in return for committing
the murder or procured another to commit the murder for
money or anything of value; or
(6) the murdered individual was killed in the course of
another felony if:
(a) the murdered individual:
(i) was actually killed by the defendant, or
(ii) received physical injuries personally

inflicted by the defendant substantially
contemporaneously with physical injuries caused by
one or more persons for whose conduct the defendant
is legally accountable under Section 5-2 of this
Code, and the physical injuries inflicted by
either the defendant or the other person or persons
for whose conduct he is legally accountable caused
the death of the murdered individual; and
(b) in performing the acts which caused the death
of the murdered individual or which resulted in
physical injuries personally inflicted by the
defendant on the murdered individual under the
circumstances of subdivision (ii) of subparagraph (a)
of paragraph (6) of subsection (b) of this Section, the
defendant acted with the intent to kill the murdered
individual or with the knowledge that his acts created
a strong probability of death or great bodily harm to
the murdered individual or another; and
(c) the other felony was an inherently violent
crime or the attempt to commit an inherently violent
crime. In this subparagraph (c), "inherently violent
crime" includes, but is not limited to, armed robbery,
robbery, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, aggravated
kidnapping, aggravated vehicular hijacking, aggravated
arson, aggravated stalking, residential burglary, and

home invasion; or
(7) the murdered individual was under 12 years of age
and the death resulted from exceptionally brutal or heinous
behavior indicative of wanton cruelty; or
(8) the defendant committed the murder with intent to
prevent the murdered individual from testifying or
participating in any criminal investigation or prosecution
or giving material assistance to the State in any
investigation or prosecution, either against the defendant
or another; or the defendant committed the murder because
the murdered individual was a witness in any prosecution or
gave material assistance to the State in any investigation
or prosecution, either against the defendant or another;
for purposes of this paragraph (8), "participating in any
criminal investigation or prosecution" is intended to
include those appearing in the proceedings in any capacity
such as trial judges, prosecutors, defense attorneys,
investigators, witnesses, or jurors; or
(9) the defendant, while committing an offense
punishable under Sections 401, 401.1, 401.2, 405, 405.2,
407 or 407.1 or subsection (b) of Section 404 of the
Illinois Controlled Substances Act, or while engaged in a
conspiracy or solicitation to commit such offense,
intentionally killed an individual or counseled,
commanded, induced, procured or caused the intentional
killing of the murdered individual; or

(10) the defendant was incarcerated in an institution
or facility of the Department of Corrections at the time of
the murder, and while committing an offense punishable as a
felony under Illinois law, or while engaged in a conspiracy
or solicitation to commit such offense, intentionally
killed an individual or counseled, commanded, induced,
procured or caused the intentional killing of the murdered
individual; or
(11) the murder was committed in a cold, calculated and
premeditated manner pursuant to a preconceived plan,
scheme or design to take a human life by unlawful means,
and the conduct of the defendant created a reasonable
expectation that the death of a human being would result
therefrom; or
(12) the murdered individual was an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel, employed by a municipality or other
governmental unit, killed in the course of performing his
official duties, to prevent the performance of his official
duties, or in retaliation for performing his official
duties, and the defendant knew or should have known that
the murdered individual was an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,

ambulance driver, or other medical assistance or first aid
personnel; or
(13) the defendant was a principal administrator,
organizer, or leader of a calculated criminal drug
conspiracy consisting of a hierarchical position of
authority superior to that of all other members of the
conspiracy, and the defendant counseled, commanded,
induced, procured, or caused the intentional killing of the
murdered person; or
(14) the murder was intentional and involved the
infliction of torture. For the purpose of this Section
torture means the infliction of or subjection to extreme
physical pain, motivated by an intent to increase or
prolong the pain, suffering or agony of the victim; or
(15) the murder was committed as a result of the
intentional discharge of a firearm by the defendant from a
motor vehicle and the victim was not present within the
motor vehicle; or
(16) the murdered individual was 60 years of age or
older and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(17) the murdered individual was a person with a
disability and the defendant knew or should have known that
the murdered individual was a person with a disability. For
purposes of this paragraph (17), "person with a disability"
means a person who suffers from a permanent physical or

mental impairment resulting from disease, an injury, a
functional disorder, or a congenital condition that
renders the person incapable of adequately providing for
his or her own health or personal care; or
(18) the murder was committed by reason of any person's
activity as a community policing volunteer or to prevent
any person from engaging in activity as a community
policing volunteer; or
(19) the murdered individual was subject to an order of
protection and the murder was committed by a person against
whom the same order of protection was issued under the
Illinois Domestic Violence Act of 1986; or
(20) the murdered individual was known by the defendant
to be a teacher or other person employed in any school and
the teacher or other employee is upon the grounds of a
school or grounds adjacent to a school, or is in any part
of a building used for school purposes; or
(21) the murder was committed by the defendant in
connection with or as a result of the offense of terrorism
as defined in Section 29D-14.9 of this Code.
(b-5) Aggravating Factor; Natural Life Imprisonment. A
defendant who has been found guilty of first degree murder and
who at the time of the commission of the offense had attained
the age of 18 years or more may be sentenced to natural life
imprisonment if (i) the murdered individual was a physician,
physician assistant, psychologist, nurse, or advanced practice

registered nurse, (ii) the defendant knew or should have known
that the murdered individual was a physician, physician
assistant, psychologist, nurse, or advanced practice
registered nurse, and (iii) the murdered individual was killed
in the course of acting in his or her capacity as a physician,
physician assistant, psychologist, nurse, or advanced practice
registered nurse, or to prevent him or her from acting in that
capacity, or in retaliation for his or her acting in that
capacity.
(c) Consideration of factors in Aggravation and
Mitigation.
The court shall consider, or shall instruct the jury to
consider any aggravating and any mitigating factors which are
relevant to the imposition of the death penalty. Aggravating
factors may include but need not be limited to those factors
set forth in subsection (b). Mitigating factors may include but
need not be limited to the following:
(1) the defendant has no significant history of prior
criminal activity;
(2) the murder was committed while the defendant was
under the influence of extreme mental or emotional
disturbance, although not such as to constitute a defense
to prosecution;
(3) the murdered individual was a participant in the
defendant's homicidal conduct or consented to the
homicidal act;

(4) the defendant acted under the compulsion of threat
or menace of the imminent infliction of death or great
bodily harm;
(5) the defendant was not personally present during
commission of the act or acts causing death;
(6) the defendant's background includes a history of
extreme emotional or physical abuse;
(7) the defendant suffers from a reduced mental
capacity.
Provided, however, that an action that does not otherwise
mitigate first degree murder cannot qualify as a mitigating
factor for first degree murder because of the discovery,
knowledge, or disclosure of the victim's sexual orientation as
defined in Section 1-103 of the Illinois Human Rights Act.
(d) Separate sentencing hearing.
Where requested by the State, the court shall conduct a
separate sentencing proceeding to determine the existence of
factors set forth in subsection (b) and to consider any
aggravating or mitigating factors as indicated in subsection
(c). The proceeding shall be conducted:
(1) before the jury that determined the defendant's
guilt; or
(2) before a jury impanelled for the purpose of the
proceeding if:
A. the defendant was convicted upon a plea of
guilty; or

B. the defendant was convicted after a trial before
the court sitting without a jury; or
C. the court for good cause shown discharges the
jury that determined the defendant's guilt; or
(3) before the court alone if the defendant waives a
jury for the separate proceeding.
(e) Evidence and Argument.
During the proceeding any information relevant to any of
the factors set forth in subsection (b) may be presented by
either the State or the defendant under the rules governing the
admission of evidence at criminal trials. Any information
relevant to any additional aggravating factors or any
mitigating factors indicated in subsection (c) may be presented
by the State or defendant regardless of its admissibility under
the rules governing the admission of evidence at criminal
trials. The State and the defendant shall be given fair
opportunity to rebut any information received at the hearing.
(f) Proof.
The burden of proof of establishing the existence of any of
the factors set forth in subsection (b) is on the State and
shall not be satisfied unless established beyond a reasonable
doubt.
(g) Procedure - Jury.
If at the separate sentencing proceeding the jury finds
that none of the factors set forth in subsection (b) exists,
the court shall sentence the defendant to a term of

imprisonment under Chapter V of the Unified Code of
Corrections. If there is a unanimous finding by the jury that
one or more of the factors set forth in subsection (b) exist,
the jury shall consider aggravating and mitigating factors as
instructed by the court and shall determine whether the
sentence of death shall be imposed. If the jury determines
unanimously, after weighing the factors in aggravation and
mitigation, that death is the appropriate sentence, the court
shall sentence the defendant to death. If the court does not
concur with the jury determination that death is the
appropriate sentence, the court shall set forth reasons in
writing including what facts or circumstances the court relied
upon, along with any relevant documents, that compelled the
court to non-concur with the sentence. This document and any
attachments shall be part of the record for appellate review.
The court shall be bound by the jury's sentencing
determination.
If after weighing the factors in aggravation and
mitigation, one or more jurors determines that death is not the
appropriate sentence, the court shall sentence the defendant to
a term of imprisonment under Chapter V of the Unified Code of
Corrections.
(h) Procedure - No Jury.
In a proceeding before the court alone, if the court finds
that none of the factors found in subsection (b) exists, the
court shall sentence the defendant to a term of imprisonment

under Chapter V of the Unified Code of Corrections.
If the Court determines that one or more of the factors set
forth in subsection (b) exists, the Court shall consider any
aggravating and mitigating factors as indicated in subsection
(c). If the Court determines, after weighing the factors in
aggravation and mitigation, that death is the appropriate
sentence, the Court shall sentence the defendant to death.
If the court finds that death is not the appropriate
sentence, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
(h-5) Decertification as a capital case.
In a case in which the defendant has been found guilty of
first degree murder by a judge or jury, or a case on remand for
resentencing, and the State seeks the death penalty as an
appropriate sentence, on the court's own motion or the written
motion of the defendant, the court may decertify the case as a
death penalty case if the court finds that the only evidence
supporting the defendant's conviction is the uncorroborated
testimony of an informant witness, as defined in Section 115-21
of the Code of Criminal Procedure of 1963, concerning the
confession or admission of the defendant or that the sole
evidence against the defendant is a single eyewitness or single
accomplice without any other corroborating evidence. If the
court decertifies the case as a capital case under either of
the grounds set forth above, the court shall issue a written

finding. The State may pursue its right to appeal the
decertification pursuant to Supreme Court Rule 604(a)(1). If
the court does not decertify the case as a capital case, the
matter shall proceed to the eligibility phase of the sentencing
hearing.
(i) Appellate Procedure.
The conviction and sentence of death shall be subject to
automatic review by the Supreme Court. Such review shall be in
accordance with rules promulgated by the Supreme Court. The
Illinois Supreme Court may overturn the death sentence, and
order the imposition of imprisonment under Chapter V of the
Unified Code of Corrections if the court finds that the death
sentence is fundamentally unjust as applied to the particular
case. If the Illinois Supreme Court finds that the death
sentence is fundamentally unjust as applied to the particular
case, independent of any procedural grounds for relief, the
Illinois Supreme Court shall issue a written opinion explaining
this finding.
(j) Disposition of reversed death sentence.
In the event that the death penalty in this Act is held to
be unconstitutional by the Supreme Court of the United States
or of the State of Illinois, any person convicted of first
degree murder shall be sentenced by the court to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
In the event that any death sentence pursuant to the

sentencing provisions of this Section is declared
unconstitutional by the Supreme Court of the United States or
of the State of Illinois, the court having jurisdiction over a
person previously sentenced to death shall cause the defendant
to be brought before the court, and the court shall sentence
the defendant to a term of imprisonment under Chapter V of the
Unified Code of Corrections.
(k) Guidelines for seeking the death penalty.
The Attorney General and State's Attorneys Association
shall consult on voluntary guidelines for procedures governing
whether or not to seek the death penalty. The guidelines do not
have the force of law and are only advisory in nature.
(Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18;
100-513, eff. 1-1-18; revised 10-5-17.)
(720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
Sec. 11-9.1. Sexual exploitation of a child.
(a) A person commits sexual exploitation of a child if in
the presence or virtual presence, or both, of a child and with
knowledge that a child or one whom he or she believes to be a
child would view his or her acts, that person:
(1) engages in a sexual act; or
(2) exposes his or her sex organs, anus or breast for
the purpose of sexual arousal or gratification of such
person or the child or one whom he or she believes to be a
child.

(a-5) A person commits sexual exploitation of a child who
knowingly entices, coerces, or persuades a child to remove the
child's clothing for the purpose of sexual arousal or
gratification of the person or the child, or both.
(b) Definitions. As used in this Section:
"Sexual act" means masturbation, sexual conduct or sexual
penetration as defined in Section 11-0.1 of this Code.
"Sex offense" means any violation of Article 11 of this
Code or Section 12-5.01 of this Code.
"Child" means a person under 17 years of age.
"Virtual presence" means an environment that is created
with software and presented to the user and or receiver via the
Internet, in such a way that the user appears in front of the
receiver on the computer monitor or screen or hand-held hand
held portable electronic device, usually through a web camming
program. "Virtual presence" includes primarily experiencing
through sight or sound, or both, a video image that can be
explored interactively at a personal computer or hand-held hand
held communication device, or both.
"Webcam" means a video capturing device connected to a
computer or computer network that is designed to take digital
photographs or live or recorded video which allows for the live
transmission to an end user over the Internet.
(c) Sentence.
(1) Sexual exploitation of a child is a Class A
misdemeanor. A second or subsequent violation of this

Section or a substantially similar law of another state is
a Class 4 felony.
(2) Sexual exploitation of a child is a Class 4 felony
if the person has been previously convicted of a sex
offense.
(3) Sexual exploitation of a child is a Class 4 felony
if the victim was under 13 years of age at the time of the
commission of the offense.
(4) Sexual exploitation of a child is a Class 4 felony
if committed by a person 18 years of age or older who is on
or within 500 feet of elementary or secondary school
grounds when children are present on the grounds.
(Source: P.A. 96-1090, eff. 1-1-11; 96-1098, eff. 1-1-11;
96-1551, eff. 7-1-11; 97-333, eff. 8-12-11; 97-1150, eff.
1-25-13; revised 10-5-17.)
(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
Sec. 12-7.1. Hate crime.
(a) A person commits hate crime when, by reason of the
actual or perceived race, color, creed, religion, ancestry,
gender, sexual orientation, physical or mental disability, or
national origin of another individual or group of individuals,
regardless of the existence of any other motivating factor or
factors, he or she commits assault, battery, aggravated
assault, intimidation, stalking, cyberstalking, misdemeanor
theft, criminal trespass to residence, misdemeanor criminal

damage to property, criminal trespass to vehicle, criminal
trespass to real property, mob action, disorderly conduct,
transmission of obscene messages, harassment by telephone, or
harassment through electronic communications as these crimes
are defined in Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5,
16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2,
paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6, and
paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code,
respectively.
(b) Except as provided in subsection (b-5), hate crime is a
Class 4 felony for a first offense and a Class 2 felony for a
second or subsequent offense.
(b-5) Hate crime is a Class 3 felony for a first offense
and a Class 2 felony for a second or subsequent offense if
committed:
(1) in, or upon the exterior or grounds of, a church,
synagogue, mosque, or other building, structure, or place
identified or associated with a particular religion or used
for religious worship or other religious purpose;
(2) in a cemetery, mortuary, or other facility used for
the purpose of burial or memorializing the dead;
(3) in a school or other educational facility,
including an administrative facility or public or private
dormitory facility of or associated with the school or
other educational facility;
(4) in a public park or an ethnic or religious

community center;
(5) on the real property comprising any location
specified in clauses (1) through (4) of this subsection
(b-5); or
(6) on a public way within 1,000 feet of the real
property comprising any location specified in clauses (1)
through (4) of this subsection (b-5).
(b-10) Upon imposition of any sentence, the trial court
shall also either order restitution paid to the victim or
impose a fine in an amount to be determined by the court based
on the severity of the crime and the injury or damages suffered
by the victim. In addition, any order of probation or
conditional discharge entered following a conviction or an
adjudication of delinquency shall include a condition that the
offender perform public or community service of no less than
200 hours if that service is established in the county where
the offender was convicted of hate crime. In addition, any
order of probation or conditional discharge entered following a
conviction or an adjudication of delinquency shall include a
condition that the offender enroll in an educational program
discouraging hate crimes involving the protected class
identified in subsection (a) that gave rise to the offense the
offender committed. The educational program must be attended by
the offender in-person and may be administered, as determined
by the court, by a university, college, community college,
non-profit organization, the Illinois Holocaust and Genocide

Commission, or any other organization that provides
educational programs discouraging hate crimes, except that
programs administered online or that can otherwise be attended
remotely are prohibited. The court may also impose any other
condition of probation or conditional discharge under this
Section. If the court sentences the offender to imprisonment or
periodic imprisonment for a violation of this Section, as a
condition of the offender's mandatory supervised release, the
court shall require that the offender perform public or
community service of no less than 200 hours and enroll in an
educational program discouraging hate crimes involving the
protected class identified in subsection (a) that gave rise to
the offense the offender committed.
(c) Independent of any criminal prosecution or the result
of a criminal prosecution, any person suffering injury to his
or her person, damage to his or her property, intimidation as
defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section
12-6 of this Code, stalking as defined in Section 12-7.3 of
this Code, cyberstalking as defined in Section 12-7.5 of this
Code, disorderly conduct as defined in paragraph (a)(1) of
Section 26-1 of this Code, transmission of obscene messages as
defined in Section 26.5-1 of this Code, harassment by telephone
as defined in Section 26.5-2 of this Code, or harassment
through electronic communications as defined in paragraphs
(a)(2) and (a)(5) of Section 26.5-3 of this Code as a result of
a hate crime may bring a civil action for damages, injunction

or other appropriate relief. The court may award actual
damages, including damages for emotional distress, as well as
punitive damages. The court may impose a civil penalty up to
$25,000 for each violation of this subsection (c). A judgment
in favor of a person who brings a civil action under this
subsection (c) shall include attorney's fees and costs. After
consulting with the local State's Attorney, the Attorney
General may bring a civil action in the name of the People of
the State for an injunction or other equitable relief under
this subsection (c). In addition, the Attorney General may
request and the court may impose a civil penalty up to $25,000
for each violation under this subsection (c). The parents or
legal guardians, other than guardians appointed pursuant to the
Juvenile Court Act or the Juvenile Court Act of 1987, of an
unemancipated minor shall be liable for the amount of any
judgment for all damages rendered against such minor under this
subsection (c) in any amount not exceeding the amount provided
under Section 5 of the Parental Responsibility Law.
(d) "Sexual orientation" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human Rights
Act.
(Source: P.A. 99-77, eff. 1-1-16; 100-197, eff. 1-1-18;
100-260, eff. 1-1-18; revised 10-5-17.)
Section 570. The Cannabis Control Act is amended by
changing Section 14 as follows:

(720 ILCS 550/14) (from Ch. 56 1/2, par. 714)
Sec. 14. (a) The Director shall cooperate with Federal and
other State agencies in discharging his responsibilities
concerning traffic in cannabis and in suppressing the use of
cannabis. To this end, he may:
(1) arrange for the exchange of information among
governmental officials concerning the use of cannabis;
(2) coordinate and cooperate in training programs
concerning cannabis law enforcement at local and State
levels;
(3) cooperate with the Bureau of Narcotics and
Dangerous Drugs, United States Department of Justice, or
its successor agency; and
(4) conduct programs of eradication aimed at
destroying wild illicit growth of plant species from which
cannabis may be extracted.
(Source: P.A. 77-758; revised 11-8-17.)
Section 575. The Illinois Controlled Substances Act is
amended by changing Sections 102, 204, and 303.05 as follows:
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Addict" means any person who habitually uses any drug,

chemical, substance or dangerous drug other than alcohol so as
to endanger the public morals, health, safety or welfare or who
is so far addicted to the use of a dangerous drug or controlled
substance other than alcohol as to have lost the power of self
control with reference to his or her addiction.
(b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient,
research subject, or animal (as defined by the Humane
Euthanasia in Animal Shelters Act) by:
(1) a practitioner (or, in his or her presence, by his
or her authorized agent),
(2) the patient or research subject pursuant to an
order, or
(3) a euthanasia technician as defined by the Humane
Euthanasia in Animal Shelters Act.
(c) "Agent" means an authorized person who acts on behalf
of or at the direction of a manufacturer, distributor,
dispenser, prescriber, or practitioner. It does not include a
common or contract carrier, public warehouseman or employee of
the carrier or warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins,
corticosteroids, and dehydroepiandrosterone), and includes:
(i) 3[beta],17-dihydroxy-5a-androstane,

(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
(iii) 5[alpha]-androstan-3,17-dione,
(iv) 1-androstenediol (3[beta],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(v) 1-androstenediol (3[alpha],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(vi) 4-androstenediol
(3[beta],17[beta]-dihydroxy-androst-4-ene),
(vii) 5-androstenediol
(3[beta],17[beta]-dihydroxy-androst-5-ene),
(viii) 1-androstenedione
([5alpha]-androst-1-en-3,17-dione),
(ix) 4-androstenedione
(androst-4-en-3,17-dione),
(x) 5-androstenedione
(androst-5-en-3,17-dione),
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xii) boldenone (17[beta]-hydroxyandrost-
1,4,-diene-3-one),
(xiii) boldione (androsta-1,4-
diene-3,17-dione),
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
[beta]-hydroxyandrost-4-en-3-one),
(xv) clostebol (4-chloro-17[beta]-
hydroxyandrost-4-en-3-one),

(xvi) dehydrochloromethyltestosterone (4-chloro-
17[beta]-hydroxy-17[alpha]-methyl-
androst-1,4-dien-3-one),
(xvii) desoxymethyltestosterone
(17[alpha]-methyl-5[alpha]
-androst-2-en-17[beta]-ol)(a.k.a., madol),
(xviii) [delta]1-dihydrotestosterone (a.k.a.
'1-testosterone') (17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
androstan-3-one),
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
5[alpha]-androstan-3-one),
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-ene),
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
17[beta]-dihydroxyandrost-1,4-dien-3-one),
(xxiv) furazabol (17[alpha]-methyl-17[beta]-
hydroxyandrostano[2,3-c]-furazan),
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, )
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
androst-4-en-3-one),
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
dihydroxy-estr-4-en-3-one),

(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
hydroxy-5-androstan-3-one),
(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
[5a]-androstan-3-one),
(xxx) methandienone (17[alpha]-methyl-17[beta]-
hydroxyandrost-1,4-dien-3-one),
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-5-ene),
(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
dihydroxy-5a-androstane),
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
-5a-androstane),
(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-4-ene),
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9(10)-dien-3-one),
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9-11-trien-3-one),
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
hydroxyestr-4-en-3-one),

(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
1-testosterone'),
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
dihydroxyestr-4-ene),
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-4-ene),
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
dihydroxyestr-5-ene),
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-5-ene),
(xlvii) 19-nor-4,9(10)-androstadienedione
(estra-4,9(10)-diene-3,17-dione),
(xlviii) 19-nor-4-androstenedione (estr-4-
en-3,17-dione),
(xlix) 19-nor-5-androstenedione (estr-5-
en-3,17-dione),
(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
hydroxygon-4-en-3-one),
(li) norclostebol (4-chloro-17[beta]-
hydroxyestr-4-en-3-one),
(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-en-3-one),
(liii) normethandrolone (17[alpha]-methyl-17[beta]-

hydroxyestr-4-en-3-one),
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
2-oxa-5[alpha]-androstan-3-one),
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
dihydroxyandrost-4-en-3-one),
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
17[beta]-hydroxy-(5[alpha]-androstan-3-one),
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
(5[alpha]-androst-1-en-3-one),
(lix) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic
acid lactone),
(lx) testosterone (17[beta]-hydroxyandrost-
4-en-3-one),
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
diethyl-17[beta]-hydroxygon-
4,9,11-trien-3-one),
(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
11-trien-3-one).
Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is
expressly intended for and lawfully allowed to be administered

through implants to livestock or other nonhuman species, and
which is approved by the Secretary of Health and Human Services
for such administration, and which the person intends to
administer or have administered through such implants, shall
not be considered to be in unauthorized possession or to
unlawfully manufacture, distribute, dispense, deliver, or
possess with intent to deliver such anabolic steroid for
purposes of this Act.
(d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
(d-5) "Clinical Director, Prescription Monitoring Program"
means a Department of Human Services administrative employee
licensed to either prescribe or dispense controlled substances
who shall run the clinical aspects of the Department of Human
Services Prescription Monitoring Program and its Prescription
Information Library.
(d-10) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing

patterns. Commercially available products may be compounded
for dispensing to individual patients only if both of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule whether by transfer from
another Schedule or otherwise.
(f) "Controlled Substance" means (i) a drug, substance,
immediate precursor, or synthetic drug in the Schedules of
Article II of this Act or (ii) a drug or other substance, or
immediate precursor, designated as a controlled substance by
the Department through administrative rule. The term does not
include distilled spirits, wine, malt beverages, or tobacco, as
those terms are defined or used in the Liquor Control Act of
1934 and the Tobacco Products Tax Act of 1995.
(f-5) "Controlled substance analog" means a substance:
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled substance
in Schedule I or II;
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous system that is
substantially similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the central

nervous system of a controlled substance in Schedule I or
II; or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the central
nervous system that is substantially similar to or greater
than the stimulant, depressant, or hallucinogenic effect
on the central nervous system of a controlled substance in
Schedule I or II.
(g) "Counterfeit substance" means a controlled substance,
which, or the container or labeling of which, without
authorization bears the trademark, trade name, or other
identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other
than the person who in fact manufactured, distributed, or
dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession of a controlled substance,
with or without consideration, whether or not there is an
agency relationship.
(i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(j) (Blank).
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.

(l) "Department of Financial and Professional Regulation"
means the Department of Financial and Professional Regulation
of the State of Illinois or its successor agency.
(m) "Depressant" means any drug that (i) causes an overall
depression of central nervous system functions, (ii) causes
impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including
but not limited to alcohol, cannabis and its active principles
and their analogs, benzodiazepines and their analogs,
barbiturates and their analogs, opioids (natural and
synthetic) and their analogs, and chloral hydrate and similar
sedative hypnotics.
(n) (Blank).
(o) "Director" means the Director of the Illinois State
Police or his or her designated agents.
(p) "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the
lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in the
official United States Pharmacopoeia, Official Homeopathic

Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them; (2) substances
intended for use in diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) substances (other
than food) intended to affect the structure of any function of
the body of man or animals and (4) substances intended for use
as a component of any article specified in clause (1), (2), or
(3) of this subsection. It does not include devices or their
components, parts, or accessories.
(t-3) "Electronic health record" or "EHR" means an
electronic record of health-related information on an
individual that is created, gathered, managed, and consulted by
authorized health care clinicians and staff.
(t-4) "Emergency medical services personnel" has the
meaning ascribed to it in the Emergency Medical Services (EMS)
Systems Act.
(t-5) "Euthanasia agency" means an entity certified by the
Department of Financial and Professional Regulation for the
purpose of animal euthanasia that holds an animal control
facility license or animal shelter license under the Animal
Welfare Act. A euthanasia agency is authorized to purchase,
store, possess, and utilize Schedule II nonnarcotic and
Schedule III nonnarcotic drugs for the sole purpose of animal
euthanasia.
(t-10) "Euthanasia drugs" means Schedule II or Schedule III
substances (nonnarcotic controlled substances) that are used

by a euthanasia agency for the purpose of animal euthanasia.
(u) "Good faith" means the prescribing or dispensing of a
controlled substance by a practitioner in the regular course of
professional treatment to or for any person who is under his or
her treatment for a pathology or condition other than that
individual's physical or psychological dependence upon or
addiction to a controlled substance, except as provided herein:
and application of the term to a pharmacist shall mean the
dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards including, but not limited to
the following, in making the judgment:
(1) lack of consistency of prescriber-patient
relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,
(3) quantities beyond those normally prescribed,
(4) unusual dosages (recognizing that there may be
clinical circumstances where more or less than the usual
dose may be used legitimately),
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(u-0.5) "Hallucinogen" means a drug that causes markedly
altered sensory perception leading to hallucinations of any

type.
(u-1) "Home infusion services" means services provided by a
pharmacy in compounding solutions for direct administration to
a patient in a private residence, long-term care facility, or
hospice setting by means of parenteral, intravenous,
intramuscular, subcutaneous, or intraspinal infusion.
(u-5) "Illinois State Police" means the State Police of the
State of Illinois, or its successor agency.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by rule
designated as being a principal compound used, or produced
primarily for use, in the manufacture of a controlled
substance;
(2) which is an immediate chemical intermediary used or
likely to be used in the manufacture of such controlled
substance; and
(3) the control of which is necessary to prevent,
curtail or limit the manufacture of such controlled
substance.
(w) "Instructional activities" means the acts of teaching,
educating or instructing by practitioners using controlled
substances within educational facilities approved by the State
Board of Education or its successor agency.
(x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than a

controlled substance which (1) by overall dosage unit
appearance, including shape, color, size, markings or lack
thereof, taste, consistency, or any other identifying physical
characteristic of the substance, would lead a reasonable person
to believe that the substance is a controlled substance, or (2)
is expressly or impliedly represented to be a controlled
substance or is distributed under circumstances which would
lead a reasonable person to believe that the substance is a
controlled substance. For the purpose of determining whether
the representations made or the circumstances of the
distribution would lead a reasonable person to believe the
substance to be a controlled substance under this clause (2) of
subsection (y), the court or other authority may consider the
following factors in addition to any other factor that may be
relevant:
(a) statements made by the owner or person in control
of the substance concerning its nature, use or effect;
(b) statements made to the buyer or recipient that the
substance may be resold for profit;
(c) whether the substance is packaged in a manner
normally used for the illegal distribution of controlled
substances;
(d) whether the distribution or attempted distribution
included an exchange of or demand for money or other
property as consideration, and whether the amount of the
consideration was substantially greater than the

reasonable retail market value of the substance.
Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial
introduction into commerce of a controlled substance in its
finished dosage form which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing or
distributing of noncontrolled substances by persons authorized
to dispense and distribute controlled substances under this
Act, provided that such action would be deemed to be carried
out in good faith under subsection (u) if the substances
involved were controlled substances.
Nothing in this subsection (y) or in this Act prohibits the
manufacture, preparation, propagation, compounding,
processing, packaging, advertising or distribution of a drug or
drugs by any person registered pursuant to Section 510 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States that delivers,
dispenses or distributes, through the United States Postal
Service or other common carrier, to Illinois residents, any
substance which requires a prescription.
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance other than methamphetamine, either
directly or indirectly, by extraction from substances of

natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling of its container, except that this term
does not include:
(1) by an ultimate user, the preparation or compounding
of a controlled substance for his or her own use; or
(2) by a practitioner, or his or her authorized agent
under his or her supervision, the preparation,
compounding, packaging, or labeling of a controlled
substance:
(a) as an incident to his or her administering or
dispensing of a controlled substance in the course of
his or her professional practice; or
(b) as an incident to lawful research, teaching or
chemical analysis and not for sale.
(z-1) (Blank).
(z-5) "Medication shopping" means the conduct prohibited
under subsection (a) of Section 314.5 of this Act.
(z-10) "Mid-level practitioner" means (i) a physician
assistant who has been delegated authority to prescribe through
a written delegation of authority by a physician licensed to
practice medicine in all of its branches, in accordance with
Section 7.5 of the Physician Assistant Practice Act of 1987,
(ii) an advanced practice registered nurse who has been
delegated authority to prescribe through a written delegation

of authority by a physician licensed to practice medicine in
all of its branches or by a podiatric physician, in accordance
with Section 65-40 of the Nurse Practice Act, (iii) an advanced
practice registered nurse certified as a nurse practitioner,
nurse midwife, or clinical nurse specialist who has been
granted authority to prescribe by a hospital affiliate in
accordance with Section 65-45 of the Nurse Practice Act, (iv)
an animal euthanasia agency, or (v) a prescribing psychologist.
(aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) opium, opiates, derivatives of opium and opiates,
including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of
such isomers, esters, ethers, and salts is possible within
the specific chemical designation; however the term
"narcotic drug" does not include the isoquinoline
alkaloids of opium;
(2) (blank);
(3) opium poppy and poppy straw;
(4) coca leaves, except coca leaves and extracts of
coca leaves from which substantially all of the cocaine and
ecgonine, and their isomers, derivatives and salts, have
been removed;

(5) cocaine, its salts, optical and geometric isomers,
and salts of isomers;
(6) ecgonine, its derivatives, their salts, isomers,
and salts of isomers;
(7) any compound, mixture, or preparation which
contains any quantity of any of the substances referred to
in subparagraphs (1) through (6).
(bb) "Nurse" means a registered nurse licensed under the
Nurse Practice Act.
(cc) (Blank).
(dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
(ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
solution or other liquid form of medication intended for
administration by mouth, but the term does not include a form
of medication intended for buccal, sublingual, or transmucosal
administration.
(ff) "Parole and Pardon Board" means the Parole and Pardon
Board of the State of Illinois or its successor agency.
(gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision or
agency, business trust, estate, trust, partnership or

association, or any other entity.
(hh) "Pharmacist" means any person who holds a license or
certificate of registration as a registered pharmacist, a local
registered pharmacist or a registered assistant pharmacist
under the Pharmacy Practice Act.
(ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the Pharmacy
Practice Act.
(ii-5) "Pharmacy shopping" means the conduct prohibited
under subsection (b) of Section 314.5 of this Act.
(ii-10) "Physician" (except when the context otherwise
requires) means a person licensed to practice medicine in all
of its branches.
(jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to practice
medicine in all its branches, dentist, optometrist, podiatric
physician, veterinarian, scientific investigator, pharmacist,
physician assistant, advanced practice registered nurse,
licensed practical nurse, registered nurse, emergency medical
services personnel, hospital, laboratory, or pharmacy, or
other person licensed, registered, or otherwise lawfully
permitted by the United States or this State to distribute,
dispense, conduct research with respect to, administer or use
in teaching or chemical analysis, a controlled substance in the
course of professional practice or research.

(ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been indicated
prior to the time of issuance; the term does not mean a written
prescription that is individually generated by machine or
computer in the prescriber's office.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, optometrist,
prescribing psychologist licensed under Section 4.2 of the
Clinical Psychologist Licensing Act with prescriptive
authority delegated under Section 4.3 of the Clinical
Psychologist Licensing Act, podiatric physician, or
veterinarian who issues a prescription, a physician assistant
who issues a prescription for a controlled substance in
accordance with Section 303.05, a written delegation, and a
written collaborative agreement required under Section 7.5 of
the Physician Assistant Practice Act of 1987, an advanced
practice registered nurse with prescriptive authority
delegated under Section 65-40 of the Nurse Practice Act and in
accordance with Section 303.05, a written delegation, and a
written collaborative agreement under Section 65-35 of the
Nurse Practice Act, an advanced practice registered nurse
certified as a nurse practitioner, nurse midwife, or clinical
nurse specialist who has been granted authority to prescribe by
a hospital affiliate in accordance with Section 65-45 of the
Nurse Practice Act and in accordance with Section 303.05, or an
advanced practice registered nurse certified as a nurse

practitioner, nurse midwife, or clinical nurse specialist who
has full practice authority pursuant to Section 65-43 of the
Nurse Practice Act.
(nn) "Prescription" means a written, facsimile, or oral
order, or an electronic order that complies with applicable
federal requirements, of a physician licensed to practice
medicine in all its branches, dentist, podiatric physician or
veterinarian for any controlled substance, of an optometrist in
accordance with Section 15.1 of the Illinois Optometric
Practice Act of 1987, of a prescribing psychologist licensed
under Section 4.2 of the Clinical Psychologist Licensing Act
with prescriptive authority delegated under Section 4.3 of the
Clinical Psychologist Licensing Act, of a physician assistant
for a controlled substance in accordance with Section 303.05, a
written delegation, and a written collaborative agreement
required under Section 7.5 of the Physician Assistant Practice
Act of 1987, of an advanced practice registered nurse with
prescriptive authority delegated under Section 65-40 of the
Nurse Practice Act who issues a prescription for a controlled
substance in accordance with Section 303.05, a written
delegation, and a written collaborative agreement under
Section 65-35 of the Nurse Practice Act, of an advanced
practice registered nurse certified as a nurse practitioner,
nurse midwife, or clinical nurse specialist who has been
granted authority to prescribe by a hospital affiliate in
accordance with Section 65-45 of the Nurse Practice Act and in

accordance with Section 303.05 when required by law, or of an
advanced practice registered nurse certified as a nurse
practitioner, nurse midwife, or clinical nurse specialist who
has full practice authority pursuant to Section 65-43 of the
Nurse Practice Act.
(nn-5) "Prescription Information Library" (PIL) means an
electronic library that contains reported controlled substance
data.
(nn-10) "Prescription Monitoring Program" (PMP) means the
entity that collects, tracks, and stores reported data on
controlled substances and select drugs pursuant to Section 316.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance other than methamphetamine.
(pp) "Registrant" means every person who is required to
register under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.
(qq-5) "Secretary" means, as the context requires, either
the Secretary of the Department or the Secretary of the
Department of Financial and Professional Regulation, and the
Secretary's designated agents.
(rr) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United

States of America.
(rr-5) "Stimulant" means any drug that (i) causes an
overall excitation of central nervous system functions, (ii)
causes impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including
but not limited to amphetamines and their analogs,
methylphenidate and its analogs, cocaine, and phencyclidine
and its analogs.
(ss) "Ultimate user" means a person who lawfully possesses
a controlled substance for his or her own use or for the use of
a member of his or her household or for administering to an
animal owned by him or her or by a member of his or her
household.
(Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15;
99-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff. 7-28-16;
100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513, eff.
1-1-18; revised 10-6-17.)
(720 ILCS 570/204) (from Ch. 56 1/2, par. 1204)
Sec. 204. (a) The controlled substances listed in this
Section are included in Schedule I.
(b) Unless specifically excepted or unless listed in
another schedule, any of the following opiates, including their
isomers, esters, ethers, salts, and salts of isomers, esters,
and ethers, whenever the existence of such isomers, esters,
ethers and salts is possible within the specific chemical

designation:
(1) Acetylmethadol;
(1.1) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-
4-piperidinyl]-N-phenylacetamide);
(2) Allylprodine;
(3) Alphacetylmethadol, except
levo-alphacetylmethadol (also known as levo-alpha-
acetylmethadol, levomethadyl acetate, or LAAM);
(4) Alphameprodine;
(5) Alphamethadol;
(6) Alpha-methylfentanyl
(N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
propanilido) piperidine;
(6.1) Alpha-methylthiofentanyl
(N-[1-methyl-2-(2-thienyl)ethyl-
4-piperidinyl]-N-phenylpropanamide);
(7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);
(7.1) PEPAP
(1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(8) Benzethidine;
(9) Betacetylmethadol;
(9.1) Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl)-
4-piperidinyl]-N-phenylpropanamide);

(10) Betameprodine;
(11) Betamethadol;
(12) Betaprodine;
(13) Clonitazene;
(14) Dextromoramide;
(15) Diampromide;
(16) Diethylthiambutene;
(17) Difenoxin;
(18) Dimenoxadol;
(19) Dimepheptanol;
(20) Dimethylthiambutene;
(21) Dioxaphetylbutyrate;
(22) Dipipanone;
(23) Ethylmethylthiambutene;
(24) Etonitazene;
(25) Etoxeridine;
(26) Furethidine;
(27) Hydroxpethidine;
(28) Ketobemidone;
(29) Levomoramide;
(30) Levophenacylmorphan;
(31) 3-Methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-
4-piperidyl]-N-phenylpropanamide);
(31.1) 3-Methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-

4-piperidinyl]-N-phenylpropanamide);
(32) Morpheridine;
(33) Noracymethadol;
(34) Norlevorphanol;
(35) Normethadone;
(36) Norpipanone;
(36.1) Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
4-piperidinyl]propanamide);
(37) Phenadoxone;
(38) Phenampromide;
(39) Phenomorphan;
(40) Phenoperidine;
(41) Piritramide;
(42) Proheptazine;
(43) Properidine;
(44) Propiram;
(45) Racemoramide;
(45.1) Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-
4-piperidinyl]-propanamide);
(46) Tilidine;
(47) Trimeperidine;
(48) Beta-hydroxy-3-methylfentanyl (other name:
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
N-phenylpropanamide);

(49) Furanyl fentanyl (FU-F);
(50) Butyryl fentanyl;
(51) Valeryl fentanyl;
(52) Acetyl fentanyl;
(53) Beta-hydroxy-thiofentanyl;
(54) 3,4-dichloro-N-[2-
(dimethylamino)cyclohexyl]-N-
methylbenzamide (U-47700);
(55) 4-chloro-N-[1-[2-
(4-nitrophenyl)ethyl]-2-piperidinylidene]-
benzenesulfonamide (W-18);
(56) 4-chloro-N-[1-(2-phenylethyl)
-2-piperidinylidene]-benzenesulfonamide (W-15);
(57) acrylfentanyl (acryloylfentanyl).
(c) Unless specifically excepted or unless listed in
another schedule, any of the following opium derivatives, its
salts, isomers and salts of isomers, whenever the existence of
such salts, isomers and salts of isomers is possible within the
specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;

(8) Diacetyldihydromorphine (Dihydroheroin);
(9) Dihydromorphine;
(10) Drotebanol;
(11) Etorphine (except hydrochloride salt);
(12) Heroin;
(13) Hydromorphinol;
(14) Methyldesorphine;
(15) Methyldihydromorphine;
(16) Morphine methylbromide;
(17) Morphine methylsulfonate;
(18) Morphine-N-Oxide;
(19) Myrophine;
(20) Nicocodeine;
(21) Nicomorphine;
(22) Normorphine;
(23) Pholcodine;
(24) Thebacon.
(d) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
hallucinogenic substances, or which contains any of its salts,
isomers and salts of isomers, whenever the existence of such
salts, isomers, and salts of isomers is possible within the
specific chemical designation (for the purposes of this
paragraph only, the term "isomer" includes the optical,
position and geometric isomers):

(1) 3,4-methylenedioxyamphetamine
(alpha-methyl,3,4-methylenedioxyphenethylamine,
methylenedioxyamphetamine, MDA);
(1.1) Alpha-ethyltryptamine
(some trade or other names: etryptamine;
MONASE; alpha-ethyl-1H-indole-3-ethanamine;
3-(2-aminobutyl)indole; a-ET; and AET);
(2) 3,4-methylenedioxymethamphetamine (MDMA);
(2.1) 3,4-methylenedioxy-N-ethylamphetamine
(also known as: N-ethyl-alpha-methyl-
3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
and MDEA);
(2.2) N-Benzylpiperazine (BZP);
(2.2-1) Trifluoromethylphenylpiperazine (TFMPP);
(3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA);
(4) 3,4,5-trimethoxyamphetamine (TMA);
(5) (Blank);
(6) Diethyltryptamine (DET);
(7) Dimethyltryptamine (DMT);
(7.1) 5-Methoxy-diallyltryptamine;
(8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);
(9) Ibogaine (some trade and other names:
7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
indole; Tabernanthe iboga);
(10) Lysergic acid diethylamide;

(10.1) Salvinorin A;
(10.5) Salvia divinorum (meaning all parts of the plant
presently classified botanically as Salvia divinorum,
whether growing or not, the seeds thereof, any extract from
any part of that plant, and every compound, manufacture,
salts, isomers, and salts of isomers whenever the existence
of such salts, isomers, and salts of isomers is possible
within the specific chemical designation, derivative,
mixture, or preparation of that plant, its seeds or
extracts);
(11) 3,4,5-trimethoxyphenethylamine (Mescaline);
(12) Peyote (meaning all parts of the plant presently
classified botanically as Lophophora williamsii Lemaire,
whether growing or not, the seeds thereof, any extract from
any part of that plant, and every compound, manufacture,
salts, derivative, mixture, or preparation of that plant,
its seeds or extracts);
(13) N-ethyl-3-piperidyl benzilate (JB 318);
(14) N-methyl-3-piperidyl benzilate;
(14.1) N-hydroxy-3,4-methylenedioxyamphetamine
(also known as N-hydroxy-alpha-methyl-
3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
(15) Parahexyl; some trade or other names:
3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
dibenzo (b,d) pyran; Synhexyl;
(16) Psilocybin;

(17) Psilocyn;
(18) Alpha-methyltryptamine (AMT);
(19) 2,5-dimethoxyamphetamine
(2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
(20) 4-bromo-2,5-dimethoxyamphetamine
(4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
4-bromo-2,5-DMA);
(20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
Some trade or other names: 2-(4-bromo-
2,5-dimethoxyphenyl)-1-aminoethane;
alpha-desmethyl DOB, 2CB, Nexus;
(21) 4-methoxyamphetamine
(4-methoxy-alpha-methylphenethylamine;
paramethoxyamphetamine; PMA);
(22) (Blank);
(23) Ethylamine analog of phencyclidine.
Some trade or other names:
N-ethyl-1-phenylcyclohexylamine,
(1-phenylcyclohexyl) ethylamine,
N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
(24) Pyrrolidine analog of phencyclidine. Some trade
or other names: 1-(1-phenylcyclohexyl) pyrrolidine, PCPy,
PHP;
(25) 5-methoxy-3,4-methylenedioxy-amphetamine;
(26) 2,5-dimethoxy-4-ethylamphetamine
(another name: DOET);

(27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
(another name: TCPy);
(28) (Blank);
(29) Thiophene analog of phencyclidine (some trade
or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
2-thienyl analog of phencyclidine; TPCP; TCP);
(29.1) Benzothiophene analog of phencyclidine. Some
trade or other names: BTCP or benocyclidine;
(29.2) 3-Methoxyphencyclidine (3-MeO-PCP);
(30) Bufotenine (some trade or other names:
3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol;
5-hydroxy-N,N-dimethyltryptamine;
N,N-dimethylserotonin; mappine);
(31) (Blank);
(32) (Blank);
(33) (Blank);
(34) (Blank);
(34.5) (Blank);
(35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-
(2-methyloctan-2-yl)-6a,7,
10,10a-tetrahydrobenzo[c]chromen-1-ol
Some trade or other names: HU-210;
(35.5) (6aS,10aS)-9-(hydroxymethyl)-6,6-
dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
tetrahydrobenzo[c]chromen-1-ol, its isomers,

salts, and salts of isomers; Some trade or other
names: HU-210, Dexanabinol;
(36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-
6,6-dimethyl-3-(2-methyloctan-2-yl)-
6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
Some trade or other names: HU-211;
(37) (Blank);
(38) (Blank);
(39) (Blank);
(40) (Blank);
(41) (Blank);
(42) Any compound structurally derived from
3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane
by substitution at the nitrogen atom of the indole ring by
alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, aryl halide, alkyl aryl halide,
1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl whether or not further substituted
in the indole ring to any extent, whether or not
substituted in the naphthyl ring to any extent. Examples of
this structural class include, but are not limited to,
JWH-018, AM-2201, JWH-175, JWH-184, and JWH-185;
(43) Any compound structurally derived from
3-(1-naphthoyl)pyrrole by substitution at the nitrogen
atom of the pyrrole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
in the pyrrole ring to any extent, whether or not
substituted in the naphthyl ring to any extent. Examples of
this structural class include, but are not limited to,
JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368;
(44) Any compound structurally derived from
1-(1-naphthylmethyl)indene by substitution at the
3-position of the indene ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl whether or not further substituted
in the indene ring to any extent, whether or not
substituted in the naphthyl ring to any extent. Examples of
this structural class include, but are not limited to,
JWH-176;
(45) Any compound structurally derived from
3-phenylacetylindole by substitution at the nitrogen atom
of the indole ring with alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
in the indole ring to any extent, whether or not
substituted in the phenyl ring to any extent. Examples of
this structural class include, but are not limited to,
JWH-167, JWH-250, JWH-251, and RCS-8;

(46) Any compound structurally derived from
2-(3-hydroxycyclohexyl)phenol by substitution at the
5-position of the phenolic ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not substituted in the
cyclohexyl ring to any extent. Examples of this structural
class include, but are not limited to, CP 47, 497 and its
C8 homologue (cannabicyclohexanol);
(46.1) Any compound structurally derived from
3-(benzoyl) indole with substitution at the nitrogen atom
of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl group whether or not further
substituted in the indole ring to any extent and whether or
not substituted in the phenyl ring to any extent. Examples
of this structural class include, but are not limited to,
AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and
RCS-4;
(47) (Blank);
(48) (Blank);
(49) (Blank);
(50) (Blank);
(51) (Blank);
(52) (Blank);

(53) 2,5-Dimethoxy-4-(n)-propylthio-phenethylamine.
Some trade or other names: 2C-T-7;
(53.1) 4-ethyl-2,5-dimethoxyphenethylamine. Some trade
or other names: 2C-E;
(53.2) 2,5-dimethoxy-4-methylphenethylamine. Some
trade or other names: 2C-D;
(53.3) 4-chloro-2,5-dimethoxyphenethylamine. Some
trade or other names: 2C-C;
(53.4) 4-iodo-2,5-dimethoxyphenethylamine. Some trade
or other names: 2C-I;
(53.5) 4-ethylthio-2,5-dimethoxyphenethylamine. Some
trade or other names: 2C-T-2;
(53.6) 2,5-dimethoxy-4-isopropylthio-phenethylamine.
Some trade or other names: 2C-T-4;
(53.7) 2,5-dimethoxyphenethylamine. Some trade or
other names: 2C-H;
(53.8) 2,5-dimethoxy-4-nitrophenethylamine. Some trade
or other names: 2C-N;
(53.9) 2,5-dimethoxy-4-(n)-propylphenethylamine. Some
trade or other names: 2C-P;
(53.10) 2,5-dimethoxy-3,4-dimethylphenethylamine. Some
trade or other names: 2C-G;
(53.11) The N-(2-methoxybenzyl) derivative of any 2C
phenethylamine referred to in subparagraphs (20.1), (53),
(53.1), (53.2), (53.3), (53.4), (53.5), (53.6), (53.7),
(53.8), (53.9), and (53.10) including, but not limited to,

25I-NBOMe and 25C-NBOMe;
(54) 5-Methoxy-N,N-diisopropyltryptamine;
(55) (Blank);
(56) (Blank);
(57) (Blank);
(58) (Blank);
(59) 3-cyclopropoylindole with substitution at the
nitrogen atom of the indole ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indole ring to any extent, whether or not
substituted on the cyclopropyl ring to any extent:
including, but not limited to, XLR11, UR144, FUB-144;
(60) 3-adamantoylindole with substitution at the
nitrogen atom of the indole ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indole ring to any extent, whether or not
substituted on the adamantyl ring to any extent: including,
but not limited to, AB-001;
(61) N-(adamantyl)-indole-3-carboxamide with
substitution at the nitrogen atom of the indole ring by
alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, aryl halide, alkyl aryl halide,

1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indole ring to any extent, whether or not
substituted on the adamantyl ring to any extent: including,
but not limited to, APICA/2NE-1, STS-135;
(62) N-(adamantyl)-indazole-3-carboxamide with
substitution at a nitrogen atom of the indazole ring by
alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, aryl halide, alkyl aryl halide,
1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent, whether or not
substituted on the adamantyl ring to any extent: including,
but not limited to, AKB48, 5F-AKB48;
(63) 1H-indole-3-carboxylic acid 8-quinolinyl ester
with substitution at the nitrogen atom of the indole ring
by alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, aryl halide, alkyl aryl halide,
1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indole ring to any extent, whether or not
substituted on the quinoline ring to any extent: including,
but not limited to, PB22, 5F-PB22, FUB-PB-22;
(64) 3-(1-naphthoyl)indazole with substitution at the
nitrogen atom of the indazole ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,

alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent, whether or not
substituted on the naphthyl ring to any extent: including,
but not limited to, THJ-018, THJ-2201;
(65) 2-(1-naphthoyl)benzimidazole with substitution at
the nitrogen atom of the benzimidazole ring by alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
aryl halide, alkyl aryl halide,
1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the benzimidazole ring to any extent, whether or not
substituted on the naphthyl ring to any extent: including,
but not limited to, FUBIMINA;
(66) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indazole-
3-carboxamide with substitution on the nitrogen atom of the
indazole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent: including, but not
limited to, AB-PINACA, AB-FUBINACA, AB-CHMINACA;
(67) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H-
indazole-3-carboxamide with substitution on the nitrogen
atom of the indazole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent: including, but not
limited to, ADB-PINACA, ADB-FUBINACA;
(68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H-
indole-3-carboxamide with substitution on the nitrogen
atom of the indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indole ring to any extent: including, but not
limited to, ADBICA, 5F-ADBICA;
(69) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indole-
3-carboxamide with substitution on the nitrogen atom of the
indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indole ring to any extent: including, but not
limited to, ABICA, 5F-ABICA;
(70) Methyl 2-(1H-indazole-3-carboxamido)-3-
methylbutanoate with substitution on the nitrogen atom of
the indazole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted

on the indazole ring to any extent: including, but not
limited to, AMB, 5F-AMB; .
(71) Methyl 2-(1H-indazole-3-carboxamido)-3,3-
dimethylbutanoate with substitution on the nitrogen atom
of the indazole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent: including, but not
limited to, 5-fluoro-MDMB-PINACA, MDMB-FUBINACA;
(72) Methyl 2-(1H-indole-3-carboxamido)-3-
methylbutanoate with substitution on the nitrogen atom of
the indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent: including, but not
limited to, MMB018, MMB2201, and AMB-CHMICA;
(73) Methyl 2-(1H-indole-3-carboxamido)-3,3-
dimethylbutanoate with substitution on the nitrogen atom
of the indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent: including, but not
limited to, MDMB-CHMICA;

(74) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H-
indazole-3-carboxamide with substitution on the nitrogen
atom of the indazole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent: including, but not
limited to, APP-CHMINACA, 5-fluoro-APP-PINACA;
(75) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H-indole-
3-carboxamide with substitution on the nitrogen atom of the
indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent: including, but not
limited to, APP-PICA and 5-fluoro-APP-PICA;
(76) 4-Acetoxy-N,N-dimethyltryptamine: trade name
4-AcO-DMT;
(77) 5-Methoxy-N-methyl-N-isopropyltryptamine: trade
name 5-MeO-MIPT;
(78) 4-hydroxy Diethyltryptamine (4-HO-DET);
(79) 4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET);
(80) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
(81) 4-hydroxy-N-methyl-N-isopropyltryptamine
(4-HO-MiPT);
(82) Fluorophenylpiperazine;

(83) Methoxetamine;
(84) 1-(Ethylamino)-2-phenylpropan-2-one (iso-
ethcathinone).
(e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) mecloqualone;
(2) methaqualone; and
(3) gamma hydroxybutyric acid.
(f) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers, and salts of isomers:
(1) Fenethylline;
(2) N-ethylamphetamine;
(3) Aminorex (some other names:
2-amino-5-phenyl-2-oxazoline; aminoxaphen;
4-5-dihydro-5-phenyl-2-oxazolamine) and its
salts, optical isomers, and salts of optical isomers;
(4) Methcathinone (some other names:
2-methylamino-1-phenylpropan-1-one;

Ephedrone; 2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; N-methylcathinone;
methycathinone; Monomethylpropion; UR 1431) and its
salts, optical isomers, and salts of optical isomers;
(5) Cathinone (some trade or other names:
2-aminopropiophenone; alpha-aminopropiophenone;
2-amino-1-phenyl-propanone; norephedrone);
(6) N,N-dimethylamphetamine (also known as:
N,N-alpha-trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine);
(7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine);
(8) 3,4-Methylenedioxypyrovalerone (MDPV);
(9) Halogenated amphetamines and
methamphetamines - any compound derived from either
amphetamine or methamphetamine through the substitution
of a halogen on the phenyl ring, including, but not
limited to, 2-fluoroamphetamine, 3-
fluoroamphetamine and 4-fluoroamphetamine;
(10) Aminopropylbenzofuran (APB):
including 4-(2-Aminopropyl) benzofuran, 5-
(2-Aminopropyl)benzofuran, 6-(2-Aminopropyl)
benzofuran, and 7-(2-Aminopropyl) benzofuran;
(11) Aminopropyldihydrobenzofuran (APDB):
including 4-(2-Aminopropyl)-2,3- dihydrobenzofuran,
5-(2-Aminopropyl)-2, 3-dihydrobenzofuran,

6-(2-Aminopropyl)-2,3-dihydrobenzofuran,
and 7-(2-Aminopropyl)-2,3-dihydrobenzofuran;
(12) Methylaminopropylbenzofuran
(MAPB): including 4-(2-methylaminopropyl)
benzofuran, 5-(2-methylaminopropyl)benzofuran,
6-(2-methylaminopropyl)benzofuran
and 7-(2-methylaminopropyl)benzofuran.
(g) Temporary listing of substances subject to emergency
scheduling. Any material, compound, mixture, or preparation
that contains any quantity of the following substances:
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
(benzylfentanyl), its optical isomers, isomers, salts, and
salts of isomers;
(2) N-[1(2-thienyl) methyl-4-piperidyl]-N-
phenylpropanamide (thenylfentanyl), its optical isomers,
salts, and salts of isomers.
(h) Synthetic cathinones. Unless specifically excepted,
any chemical compound which is not approved by the United
States Food and Drug Administration or, if approved, is not
dispensed or possessed in accordance with State or federal law,
not including bupropion, structurally derived from
2-aminopropan-1-one by substitution at the 1-position with
either phenyl, naphthyl, or thiophene ring systems, whether or
not the compound is further modified in one or more of the
following ways:
(1) by substitution in the ring system to any extent

with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or
halide substituents, whether or not further substituted in
the ring system by one or more other univalent
substituents. Examples of this class include, but are not
limited to, 3,4-Methylenedioxycathinone (bk-MDA);
(2) by substitution at the 3-position with an acyclic
alkyl substituent. Examples of this class include, but are
not limited to, 2-methylamino-1-phenylbutan-1-one
(buphedrone); or
(3) by substitution at the 2-amino nitrogen atom with
alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by
inclusion of the 2-amino nitrogen atom in a cyclic
structure. Examples of this class include, but are not
limited to, Dimethylcathinone, Ethcathinone, and
a-Pyrrolidinopropiophenone (a-PPP).
(Source: P.A. 99-371, eff. 1-1-16; 100-201, eff. 8-18-17;
100-368, eff. 1-1-18; revised 10-5-17.)
(720 ILCS 570/303.05)
Sec. 303.05. Mid-level practitioner registration.
(a) The Department of Financial and Professional
Regulation shall register licensed physician assistants,
licensed advanced practice registered nurses, and prescribing
psychologists licensed under Section 4.2 of the Clinical
Psychologist Licensing Act to prescribe and dispense
controlled substances under Section 303 and euthanasia

agencies to purchase, store, or administer animal euthanasia
drugs under the following circumstances:
(1) with respect to physician assistants,
(A) the physician assistant has been delegated
written authority to prescribe any Schedule III
through V controlled substances by a physician
licensed to practice medicine in all its branches in
accordance with Section 7.5 of the Physician Assistant
Practice Act of 1987; and the physician assistant has
completed the appropriate application forms and has
paid the required fees as set by rule; or
(B) the physician assistant has been delegated
authority by a collaborating physician licensed to
practice medicine in all its branches to prescribe or
dispense Schedule II controlled substances through a
written delegation of authority and under the
following conditions:
(i) Specific Schedule II controlled substances
by oral dosage or topical or transdermal
application may be delegated, provided that the
delegated Schedule II controlled substances are
routinely prescribed by the collaborating
physician. This delegation must identify the
specific Schedule II controlled substances by
either brand name or generic name. Schedule II
controlled substances to be delivered by injection

or other route of administration may not be
delegated;
(ii) any delegation must be of controlled
substances prescribed by the collaborating
physician;
(iii) all prescriptions must be limited to no
more than a 30-day supply, with any continuation
authorized only after prior approval of the
collaborating physician;
(iv) the physician assistant must discuss the
condition of any patients for whom a controlled
substance is prescribed monthly with the
delegating physician;
(v) the physician assistant must have
completed the appropriate application forms and
paid the required fees as set by rule;
(vi) the physician assistant must provide
evidence of satisfactory completion of 45 contact
hours in pharmacology from any physician assistant
program accredited by the Accreditation Review
Commission on Education for the Physician
Assistant (ARC-PA), or its predecessor agency, for
any new license issued with Schedule II authority
after the effective date of this amendatory Act of
the 97th General Assembly; and
(vii) the physician assistant must annually

complete at least 5 hours of continuing education
in pharmacology;
(2) with respect to advanced practice registered
nurses who do not meet the requirements of Section 65-43 of
the Nurse Practice Act,
(A) the advanced practice registered nurse has
been delegated authority to prescribe any Schedule III
through V controlled substances by a collaborating
physician licensed to practice medicine in all its
branches or a collaborating podiatric physician in
accordance with Section 65-40 of the Nurse Practice
Act. The advanced practice registered nurse has
completed the appropriate application forms and has
paid the required fees as set by rule; or
(B) the advanced practice registered nurse has
been delegated authority by a collaborating physician
licensed to practice medicine in all its branches to
prescribe or dispense Schedule II controlled
substances through a written delegation of authority
and under the following conditions:
(i) specific Schedule II controlled substances
by oral dosage or topical or transdermal
application may be delegated, provided that the
delegated Schedule II controlled substances are
routinely prescribed by the collaborating
physician. This delegation must identify the

specific Schedule II controlled substances by
either brand name or generic name. Schedule II
controlled substances to be delivered by injection
or other route of administration may not be
delegated;
(ii) any delegation must be of controlled
substances prescribed by the collaborating
physician;
(iii) all prescriptions must be limited to no
more than a 30-day supply, with any continuation
authorized only after prior approval of the
collaborating physician;
(iv) the advanced practice registered nurse
must discuss the condition of any patients for whom
a controlled substance is prescribed monthly with
the delegating physician or in the course of review
as required by Section 65-40 of the Nurse Practice
Act;
(v) the advanced practice registered nurse
must have completed the appropriate application
forms and paid the required fees as set by rule;
(vi) the advanced practice registered nurse
must provide evidence of satisfactory completion
of at least 45 graduate contact hours in
pharmacology for any new license issued with
Schedule II authority after the effective date of

this amendatory Act of the 97th General Assembly;
and
(vii) the advanced practice registered nurse
must annually complete 5 hours of continuing
education in pharmacology;
(2.5) with respect to advanced practice registered
nurses certified as nurse practitioners, nurse midwives,
or clinical nurse specialists who do not meet the
requirements of Section 65-43 of the Nurse Practice Act
practicing in a hospital affiliate,
(A) the advanced practice registered nurse
certified as a nurse practitioner, nurse midwife, or
clinical nurse specialist has been privileged to
prescribe any Schedule II through V controlled
substances by the hospital affiliate upon the
recommendation of the appropriate physician committee
of the hospital affiliate in accordance with Section
65-45 of the Nurse Practice Act, has completed the
appropriate application forms, and has paid the
required fees as set by rule; and
(B) an advanced practice registered nurse
certified as a nurse practitioner, nurse midwife, or
clinical nurse specialist has been privileged to
prescribe any Schedule II controlled substances by the
hospital affiliate upon the recommendation of the
appropriate physician committee of the hospital

affiliate, then the following conditions must be met:
(i) specific Schedule II controlled substances
by oral dosage or topical or transdermal
application may be designated, provided that the
designated Schedule II controlled substances are
routinely prescribed by advanced practice
registered nurses in their area of certification;
the privileging documents must identify the
specific Schedule II controlled substances by
either brand name or generic name; privileges to
prescribe or dispense Schedule II controlled
substances to be delivered by injection or other
route of administration may not be granted;
(ii) any privileges must be controlled
substances limited to the practice of the advanced
practice registered nurse;
(iii) any prescription must be limited to no
more than a 30-day supply;
(iv) the advanced practice registered nurse
must discuss the condition of any patients for whom
a controlled substance is prescribed monthly with
the appropriate physician committee of the
hospital affiliate or its physician designee; and
(v) the advanced practice registered nurse
must meet the education requirements of this
Section;

(3) with respect to animal euthanasia agencies, the
euthanasia agency has obtained a license from the
Department of Financial and Professional Regulation and
obtained a registration number from the Department; or
(4) with respect to prescribing psychologists, the
prescribing psychologist has been delegated authority to
prescribe any nonnarcotic Schedule III through V
controlled substances by a collaborating physician
licensed to practice medicine in all its branches in
accordance with Section 4.3 of the Clinical Psychologist
Licensing Act, and the prescribing psychologist has
completed the appropriate application forms and has paid
the required fees as set by rule.
(b) The mid-level practitioner shall only be licensed to
prescribe those schedules of controlled substances for which a
licensed physician has delegated prescriptive authority,
except that an animal euthanasia agency does not have any
prescriptive authority. A physician assistant and an advanced
practice registered nurse are prohibited from prescribing
medications and controlled substances not set forth in the
required written delegation of authority or as authorized by
their practice Act.
(c) Upon completion of all registration requirements,
physician assistants, advanced practice registered nurses, and
animal euthanasia agencies may be issued a mid-level
practitioner controlled substances license for Illinois.

(d) A collaborating physician may, but is not required to,
delegate prescriptive authority to an advanced practice
registered nurse as part of a written collaborative agreement,
and the delegation of prescriptive authority shall conform to
the requirements of Section 65-40 of the Nurse Practice Act.
(e) A collaborating physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written collaborative agreement, and the delegation
of prescriptive authority shall conform to the requirements of
Section 7.5 of the Physician Assistant Practice Act of 1987.
(f) Nothing in this Section shall be construed to prohibit
generic substitution.
(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
100-513, eff. 1-1-18; revised 10-5-17.)
Section 580. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-6.4 and 112A-14 as follows:
(725 ILCS 5/110-6.4)
Sec. 110-6.4. Statewide risk-assessment risk assessment
tool. The Supreme Court may establish a statewide
risk-assessment tool to be used in proceedings to assist the
court in establishing bail for a defendant by assessing the
defendant's likelihood of appearing at future court
proceedings or determining if the defendant poses a real and
present threat to the physical safety of any person or persons.

The Supreme Court shall consider establishing a
risk-assessment tool that does not discriminate on the basis of
race, gender, educational level, socio-economic status, or
neighborhood. If a risk-assessment risk assessment tool is
utilized within a circuit that does not require a personal
interview to be completed, the Chief Judge of the circuit or
the director Director of the pretrial services agency Pre-trial
Services Agency may exempt the requirement under Section 9 and
subsection (a) of Section 7 of the Pretrial Services Act.
For the purpose of this Section, "risk-assessment tool"
"risk assessment tool" means an empirically validated,
evidence-based screening instrument that demonstrates reduced
instances of a defendant's failure to appear for further court
proceedings or prevents future criminal activity.
(Source: P.A. 100-1, eff. 1-1-18; revised 10-5-17.)
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Order of protection; remedies.
(a) (Blank).
(b) The court may order any of the remedies listed in this
subsection. The remedies listed in this subsection shall be in
addition to other civil or criminal remedies available to
petitioner.
(1) Prohibition of abuse. Prohibit respondent's
harassment, interference with personal liberty,
intimidation of a dependent, physical abuse or willful

deprivation, as defined in this Article, if such abuse has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in Section 701 of the
Illinois Marriage and Dissolution of Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i) the
hardships to respondent and any minor child or
dependent adult in respondent's care resulting from

entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other person
protected by the order of protection, or prohibit
respondent from entering or remaining present at

petitioner's school, place of employment, or other
specified places at times when petitioner is present, or
both, if reasonable, given the balance of hardships.
Hardships need not be balanced for the court to enter a
stay away order or prohibit entry if respondent has no
right to enter the premises.
(A) If an order of protection grants petitioner
exclusive possession of the residence, or prohibits
respondent from entering the residence, or orders
respondent to stay away from petitioner or other
protected persons, then the court may allow respondent
access to the residence to remove items of clothing and
personal adornment used exclusively by respondent,
medications, and other items as the court directs. The
right to access shall be exercised on only one occasion
as the court directs and in the presence of an
agreed-upon adult third party or law enforcement
officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing an order
of protection and providing relief shall consider the
severity of the act, any continuing physical danger or
emotional distress to the petitioner, the educational
rights guaranteed to the petitioner and respondent
under federal and State law, the availability of a

transfer of the respondent to another school, a change
of placement or a change of program of the respondent,
the expense, difficulty, and educational disruption
that would be caused by a transfer of the respondent to
another school, and any other relevant facts of the
case. The court may order that the respondent not
attend the public, private, or non-public elementary,
middle, or high school attended by the petitioner,
order that the respondent accept a change of placement
or change of program, as determined by the school
district or private or non-public school, or place
restrictions on the respondent's movements within the
school attended by the petitioner. The respondent
bears the burden of proving by a preponderance of the
evidence that a transfer, change of placement, or
change of program of the respondent is not available.
The respondent also bears the burden of production with
respect to the expense, difficulty, and educational
disruption that would be caused by a transfer of the
respondent to another school. A transfer, change of
placement, or change of program is not unavailable to
the respondent solely on the ground that the respondent
does not agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise

does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. If the
court order results in a transfer of the minor
respondent to another attendance center, a change in
the respondent's placement, or a change of the
respondent's program, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. If
the court orders a transfer of the respondent to
another school, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
change of school by the respondent.

(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist, psychiatrist,
family service agency, alcohol or substance abuse program,
mental health center guidance counselor, agency providing
services to elders, program designed for domestic violence
abusers or any other guidance service the court deems
appropriate. The court may order the respondent in any
intimate partner relationship to report to an Illinois
Department of Human Services protocol approved partner
abuse intervention program for an assessment and to follow
all recommended treatment.
(5) Physical care and possession of the minor child. In
order to protect the minor child from abuse, neglect, or
unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.
If the respondent is charged with abuse (as defined in
Section 112A-3) of a minor child, there shall be a
rebuttable presumption that awarding physical care to
respondent would not be in the minor child's best interest.

(6) Temporary legal custody. Award temporary legal
custody to petitioner in accordance with this Section, the
Illinois Marriage and Dissolution of Marriage Act, the
Illinois Parentage Act of 2015, and this State's Uniform
Child-Custody Jurisdiction and Enforcement Act.
If the respondent is charged with abuse (as defined in
Section 112A-3) of a minor child, there shall be a
rebuttable presumption that awarding temporary legal
custody to respondent would not be in the child's best
interest.
(7) Visitation. Determine the visitation rights, if
any, of respondent in any case in which the court awards
physical care or temporary legal custody of a minor child
to petitioner. The court shall restrict or deny
respondent's visitation with a minor child if the court
finds that respondent has done or is likely to do any of
the following: (i) abuse or endanger the minor child during
visitation; (ii) use the visitation as an opportunity to
abuse or harass petitioner or petitioner's family or
household members; (iii) improperly conceal or detain the
minor child; or (iv) otherwise act in a manner that is not
in the best interests of the minor child. The court shall
not be limited by the standards set forth in Section 607.1
of the Illinois Marriage and Dissolution of Marriage Act.
If the court grants visitation, the order shall specify
dates and times for the visitation to take place or other

specific parameters or conditions that are appropriate. No
order for visitation shall refer merely to the term
"reasonable visitation".
Petitioner may deny respondent access to the minor
child if, when respondent arrives for visitation,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving in
a violent or abusive manner.
If necessary to protect any member of petitioner's
family or household from future abuse, respondent shall be
prohibited from coming to petitioner's residence to meet
the minor child for visitation, and the parties shall
submit to the court their recommendations for reasonable
alternative arrangements for visitation. A person may be
approved to supervise visitation only after filing an
affidavit accepting that responsibility and acknowledging
accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return the
child to the custody or care of the petitioner or to permit
any court-ordered interview or examination of the child or

the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly; sharing
it would risk abuse of petitioner by respondent or is
impracticable; and the balance of hardships favors
temporary possession by petitioner.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may award
petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging or otherwise disposing of any real or personal
property, except as explicitly authorized by the court, if:
(i) petitioner, but not respondent, owns the
property; or

(ii) the parties own the property jointly, and the
balance of hardships favors granting this remedy.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may grant
petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or custody, when the respondent has a
legal obligation to support that person, in accordance with
the Illinois Marriage and Dissolution of Marriage Act,

which shall govern, among other matters, the amount of
support, payment through the clerk and withholding of
income to secure payment. An order for child support may be
granted to a petitioner with lawful physical care or
custody of a child, or an order or agreement for physical
care or custody, prior to entry of an order for legal
custody. Such a support order shall expire upon entry of a
valid order granting legal custody to another, unless
otherwise provided in the custody order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse. Such losses shall include, but not be limited
to, medical expenses, lost earnings or other support,
repair or replacement of property damaged or taken,
reasonable attorney's fees, court costs and moving or other
travel expenses, including additional reasonable expenses
for temporary shelter and restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.

(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including, but not
limited to, legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and well-being
of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(A) A person who is subject to an existing order of
protection, issued under this Code may not lawfully
possess weapons under Section 8.2 of the Firearm Owners
Identification Card Act.
(B) Any firearms in the possession of the
respondent, except as provided in subparagraph (C) of
this paragraph (14.5), shall be ordered by the court to
be turned over to a person with a valid Firearm Owner's
Identification Card for safekeeping. The court shall
issue an order that the respondent's Firearm Owner's
Identification Card be turned over to the local law
enforcement agency, which in turn shall immediately
mail the card to the Department of State Police Firearm

Owner's Identification Card Office for safekeeping.
The period of safekeeping shall be for the duration of
the order of protection. The firearm or firearms and
Firearm Owner's Identification Card, if unexpired,
shall at the respondent's request be returned to the
respondent at expiration of the order of protection.
(C) If the respondent is a peace officer as defined
in Section 2-13 of the Criminal Code of 2012, the court
shall order that any firearms used by the respondent in
the performance of his or her duties as a peace officer
be surrendered to the chief law enforcement executive
of the agency in which the respondent is employed, who
shall retain the firearms for safekeeping for the
duration of the order of protection.
(D) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned over
to a third party who is lawfully eligible to possess

firearms, and who does not reside with respondent.
(15) Prohibition of access to records. If an order of
protection prohibits respondent from having contact with
the minor child, or if petitioner's address is omitted
under subsection (b) of Section 112A-5, or if necessary to
prevent abuse or wrongful removal or concealment of a minor
child, the order shall deny respondent access to, and
prohibit respondent from inspecting, obtaining, or
attempting to inspect or obtain, school or any other
records of the minor child who is in the care of
petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse of
a family or household member or to effectuate one of the
granted remedies, if supported by the balance of hardships.
If the harm to be prevented by the injunction is abuse or
any other harm that one of the remedies listed in
paragraphs (1) through (16) of this subsection is designed
to prevent, no further evidence is necessary to establish
that the harm is an irreparable injury.
(18) Telephone services.

(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph. For
purposes of this paragraph (18), the term "wireless
telephone service provider" means a provider of
commercial mobile service as defined in 47 U.S.C. 332.
The petitioner may request the transfer of each
telephone number that the petitioner, or a minor child
in his or her custody, uses. The clerk of the court
shall serve the order on the wireless telephone service
provider's agent for service of process provided to the
Illinois Commerce Commission. The order shall contain
all of the following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for

and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.

(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of an
agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information is
provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,

other than payment of support, the court shall consider
relevant factors, including, but not limited to, the
following:
(i) the nature, frequency, severity, pattern and
consequences of the respondent's past abuse of the
petitioner or any family or household member,
including the concealment of his or her location in
order to evade service of process or notice, and the
likelihood of danger of future abuse to petitioner or
any member of petitioner's or respondent's family or
household; and
(ii) the danger that any minor child will be abused
or neglected or improperly removed from the
jurisdiction, improperly concealed within the State or
improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including, but not
limited to, the following:
(i) availability, accessibility, cost, safety,
adequacy, location and other characteristics of
alternate housing for each party and any minor child or
dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,

and any minor child or dependent adult in the party's
care, to family, school, church and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection, the court shall make its findings
in an official record or in writing, and shall at a minimum
set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2) of
this subsection.
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) (Blank).
(5) Never married parties. No rights or
responsibilities for a minor child born outside of marriage
attach to a putative father until a father and child
relationship has been established under the Illinois
Parentage Act of 1984 or under the Illinois Parentage Act
of 2015 on and after the effective date of that Act. Absent
such an adjudication, no putative father shall be granted
temporary custody of the minor child, visitation with the
minor child, or physical care and possession of the minor
child, nor shall an order of payment for support of the

minor child be entered.
(d) Balance of hardships; findings. If the court finds that
the balance of hardships does not support the granting of a
remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will result
in hardship to respondent that would substantially outweigh the
hardship to petitioner from denial of the remedy. The findings
shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) Respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;
(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) Petitioner did not act in self-defense or defense
of another;
(5) Petitioner left the residence or household to avoid
further abuse by respondent;
(6) Petitioner did not leave the residence or household
to avoid further abuse by respondent;

(7) Conduct by any family or household member excused
the abuse by respondent, unless that same conduct would
have excused such abuse if the parties had not been family
or household members.
(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18;
100-388, eff. 1-1-18; revised 10-10-17.)
Section 585. The Unified Code of Corrections is amended by
changing Sections 3-2-2, 3-7-2, and 5-2-4 as follows:
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and duties Duties of the Department.
(1) In addition to the powers, duties, and responsibilities
which are otherwise provided by law, the Department shall have
the following powers:
(a) To accept persons committed to it by the courts of
this State for care, custody, treatment and
rehabilitation, and to accept federal prisoners and aliens
over whom the Office of the Federal Detention Trustee is
authorized to exercise the federal detention function for
limited purposes and periods of time.
(b) To develop and maintain reception and evaluation
units for purposes of analyzing the custody and
rehabilitation needs of persons committed to it and to
assign such persons to institutions and programs under its
control or transfer them to other appropriate agencies. In

consultation with the Department of Alcoholism and
Substance Abuse (now the Department of Human Services), the
Department of Corrections shall develop a master plan for
the screening and evaluation of persons committed to its
custody who have alcohol or drug abuse problems, and for
making appropriate treatment available to such persons;
the Department shall report to the General Assembly on such
plan not later than April 1, 1987. The maintenance and
implementation of such plan shall be contingent upon the
availability of funds.
(b-1) To create and implement, on January 1, 2002, a
pilot program to establish the effectiveness of
pupillometer technology (the measurement of the pupil's
reaction to light) as an alternative to a urine test for
purposes of screening and evaluating persons committed to
its custody who have alcohol or drug problems. The pilot
program shall require the pupillometer technology to be
used in at least one Department of Corrections facility.
The Director may expand the pilot program to include an
additional facility or facilities as he or she deems
appropriate. A minimum of 4,000 tests shall be included in
the pilot program. The Department must report to the
General Assembly on the effectiveness of the program by
January 1, 2003.
(b-5) To develop, in consultation with the Department
of State Police, a program for tracking and evaluating each

inmate from commitment through release for recording his or
her gang affiliations, activities, or ranks.
(c) To maintain and administer all State correctional
institutions and facilities under its control and to
establish new ones as needed. Pursuant to its power to
establish new institutions and facilities, the Department
may, with the written approval of the Governor, authorize
the Department of Central Management Services to enter into
an agreement of the type described in subsection (d) of
Section 405-300 of the Department of Central Management
Services Law (20 ILCS 405/405-300). The Department shall
designate those institutions which shall constitute the
State Penitentiary System.
Pursuant to its power to establish new institutions and
facilities, the Department may authorize the Department of
Central Management Services to accept bids from counties
and municipalities for the construction, remodeling or
conversion of a structure to be leased to the Department of
Corrections for the purposes of its serving as a
correctional institution or facility. Such construction,
remodeling or conversion may be financed with revenue bonds
issued pursuant to the Industrial Building Revenue Bond Act
by the municipality or county. The lease specified in a bid
shall be for a term of not less than the time needed to
retire any revenue bonds used to finance the project, but
not to exceed 40 years. The lease may grant to the State

the option to purchase the structure outright.
Upon receipt of the bids, the Department may certify
one or more of the bids and shall submit any such bids to
the General Assembly for approval. Upon approval of a bid
by a constitutional majority of both houses of the General
Assembly, pursuant to joint resolution, the Department of
Central Management Services may enter into an agreement
with the county or municipality pursuant to such bid.
(c-5) To build and maintain regional juvenile
detention centers and to charge a per diem to the counties
as established by the Department to defray the costs of
housing each minor in a center. In this subsection (c-5),
"juvenile detention center" means a facility to house
minors during pendency of trial who have been transferred
from proceedings under the Juvenile Court Act of 1987 to
prosecutions under the criminal laws of this State in
accordance with Section 5-805 of the Juvenile Court Act of
1987, whether the transfer was by operation of law or
permissive under that Section. The Department shall
designate the counties to be served by each regional
juvenile detention center.
(d) To develop and maintain programs of control,
rehabilitation and employment of committed persons within
its institutions.
(d-5) To provide a pre-release job preparation program
for inmates at Illinois adult correctional centers.

(d-10) To provide educational and visitation
opportunities to committed persons within its institutions
through temporary access to content-controlled tablets
that may be provided as a privilege to committed persons to
induce or reward compliance.
(e) To establish a system of supervision and guidance
of committed persons in the community.
(f) To establish in cooperation with the Department of
Transportation to supply a sufficient number of prisoners
for use by the Department of Transportation to clean up the
trash and garbage along State, county, township, or
municipal highways as designated by the Department of
Transportation. The Department of Corrections, at the
request of the Department of Transportation, shall furnish
such prisoners at least annually for a period to be agreed
upon between the Director of Corrections and the Secretary
Director of Transportation. The prisoners used on this
program shall be selected by the Director of Corrections on
whatever basis he deems proper in consideration of their
term, behavior and earned eligibility to participate in
such program - where they will be outside of the prison
facility but still in the custody of the Department of
Corrections. Prisoners convicted of first degree murder,
or a Class X felony, or armed violence, or aggravated
kidnapping, or criminal sexual assault, aggravated
criminal sexual abuse or a subsequent conviction for

criminal sexual abuse, or forcible detention, or arson, or
a prisoner adjudged a Habitual Criminal shall not be
eligible for selection to participate in such program. The
prisoners shall remain as prisoners in the custody of the
Department of Corrections and such Department shall
furnish whatever security is necessary. The Department of
Transportation shall furnish trucks and equipment for the
highway cleanup program and personnel to supervise and
direct the program. Neither the Department of Corrections
nor the Department of Transportation shall replace any
regular employee with a prisoner.
(g) To maintain records of persons committed to it and
to establish programs of research, statistics and
planning.
(h) To investigate the grievances of any person
committed to the Department, to inquire into any alleged
misconduct by employees or committed persons, and to
investigate the assets of committed persons to implement
Section 3-7-6 of this Code; and for these purposes it may
issue subpoenas and compel the attendance of witnesses and
the production of writings and papers, and may examine
under oath any witnesses who may appear before it; to also
investigate alleged violations of a parolee's or
releasee's conditions of parole or release; and for this
purpose it may issue subpoenas and compel the attendance of
witnesses and the production of documents only if there is

reason to believe that such procedures would provide
evidence that such violations have occurred.
If any person fails to obey a subpoena issued under
this subsection, the Director may apply to any circuit
court to secure compliance with the subpoena. The failure
to comply with the order of the court issued in response
thereto shall be punishable as contempt of court.
(i) To appoint and remove the chief administrative
officers, and administer programs of training and
development of personnel of the Department. Personnel
assigned by the Department to be responsible for the
custody and control of committed persons or to investigate
the alleged misconduct of committed persons or employees or
alleged violations of a parolee's or releasee's conditions
of parole shall be conservators of the peace for those
purposes, and shall have the full power of peace officers
outside of the facilities of the Department in the
protection, arrest, retaking and reconfining of committed
persons or where the exercise of such power is necessary to
the investigation of such misconduct or violations. This
subsection shall not apply to persons committed to the
Department of Juvenile Justice under the Juvenile Court Act
of 1987 on aftercare release.
(j) To cooperate with other departments and agencies
and with local communities for the development of standards
and programs for better correctional services in this

State.
(k) To administer all moneys and properties of the
Department.
(l) To report annually to the Governor on the committed
persons, institutions and programs of the Department.
(l-5) (Blank).
(m) To make all rules and regulations and exercise all
powers and duties vested by law in the Department.
(n) To establish rules and regulations for
administering a system of sentence credits, established in
accordance with Section 3-6-3, subject to review by the
Prisoner Review Board.
(o) To administer the distribution of funds from the
State Treasury to reimburse counties where State penal
institutions are located for the payment of assistant
state's attorneys' salaries under Section 4-2001 of the
Counties Code.
(p) To exchange information with the Department of
Human Services and the Department of Healthcare and Family
Services for the purpose of verifying living arrangements
and for other purposes directly connected with the
administration of this Code and the Illinois Public Aid
Code.
(q) To establish a diversion program.
The program shall provide a structured environment for
selected technical parole or mandatory supervised release

violators and committed persons who have violated the rules
governing their conduct while in work release. This program
shall not apply to those persons who have committed a new
offense while serving on parole or mandatory supervised
release or while committed to work release.
Elements of the program shall include, but shall not be
limited to, the following:
(1) The staff of a diversion facility shall provide
supervision in accordance with required objectives set
by the facility.
(2) Participants shall be required to maintain
employment.
(3) Each participant shall pay for room and board
at the facility on a sliding-scale basis according to
the participant's income.
(4) Each participant shall:
(A) provide restitution to victims in
accordance with any court order;
(B) provide financial support to his
dependents; and
(C) make appropriate payments toward any other
court-ordered obligations.
(5) Each participant shall complete community
service in addition to employment.
(6) Participants shall take part in such
counseling, educational and other programs as the

Department may deem appropriate.
(7) Participants shall submit to drug and alcohol
screening.
(8) The Department shall promulgate rules
governing the administration of the program.
(r) To enter into intergovernmental cooperation
agreements under which persons in the custody of the
Department may participate in a county impact
incarceration program established under Section 3-6038 or
3-15003.5 of the Counties Code.
(r-5) (Blank).
(r-10) To systematically and routinely identify with
respect to each streetgang active within the correctional
system: (1) each active gang; (2) every existing inter-gang
affiliation or alliance; and (3) the current leaders in
each gang. The Department shall promptly segregate leaders
from inmates who belong to their gangs and allied gangs.
"Segregate" means no physical contact and, to the extent
possible under the conditions and space available at the
correctional facility, prohibition of visual and sound
communication. For the purposes of this paragraph (r-10),
"leaders" means persons who:
(i) are members of a criminal streetgang;
(ii) with respect to other individuals within the
streetgang, occupy a position of organizer,
supervisor, or other position of management or

leadership; and
(iii) are actively and personally engaged in
directing, ordering, authorizing, or requesting
commission of criminal acts by others, which are
punishable as a felony, in furtherance of streetgang
related activity both within and outside of the
Department of Corrections.
"Streetgang", "gang", and "streetgang related" have the
meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(s) To operate a super-maximum security institution,
in order to manage and supervise inmates who are disruptive
or dangerous and provide for the safety and security of the
staff and the other inmates.
(t) To monitor any unprivileged conversation or any
unprivileged communication, whether in person or by mail,
telephone, or other means, between an inmate who, before
commitment to the Department, was a member of an organized
gang and any other person without the need to show cause or
satisfy any other requirement of law before beginning the
monitoring, except as constitutionally required. The
monitoring may be by video, voice, or other method of
recording or by any other means. As used in this
subdivision (1)(t), "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.

As used in this subdivision (1)(t), "unprivileged
conversation" or "unprivileged communication" means a
conversation or communication that is not protected by any
privilege recognized by law or by decision, rule, or order
of the Illinois Supreme Court.
(u) To establish a Women's and Children's Pre-release
Community Supervision Program for the purpose of providing
housing and services to eligible female inmates, as
determined by the Department, and their newborn and young
children.
(u-5) To issue an order, whenever a person committed to
the Department absconds or absents himself or herself,
without authority to do so, from any facility or program to
which he or she is assigned. The order shall be certified
by the Director, the Supervisor of the Apprehension Unit,
or any person duly designated by the Director, with the
seal of the Department affixed. The order shall be directed
to all sheriffs, coroners, and police officers, or to any
particular person named in the order. Any order issued
pursuant to this subdivision (1) (u-5) shall be sufficient
warrant for the officer or person named in the order to
arrest and deliver the committed person to the proper
correctional officials and shall be executed the same as
criminal process.
(v) To do all other acts necessary to carry out the
provisions of this Chapter.

(2) The Department of Corrections shall by January 1, 1998,
consider building and operating a correctional facility within
100 miles of a county of over 2,000,000 inhabitants, especially
a facility designed to house juvenile participants in the
impact incarceration program.
(3) When the Department lets bids for contracts for medical
services to be provided to persons committed to Department
facilities by a health maintenance organization, medical
service corporation, or other health care provider, the bid may
only be let to a health care provider that has obtained an
irrevocable letter of credit or performance bond issued by a
company whose bonds have an investment grade or higher rating
by a bond rating organization.
(4) When the Department lets bids for contracts for food or
commissary services to be provided to Department facilities,
the bid may only be let to a food or commissary services
provider that has obtained an irrevocable letter of credit or
performance bond issued by a company whose bonds have an
investment grade or higher rating by a bond rating
organization.
(5) On and after the date 6 months after August 16, 2013
(the effective date of Public Act 98-488), as provided in the
Executive Order 1 (2012) Implementation Act, all of the powers,
duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were transferred
from the Department of Corrections to the Department of

Healthcare and Family Services by Executive Order 3 (2005) are
transferred back to the Department of Corrections; however,
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were exercised by
the Department of Corrections before the effective date of
Executive Order 3 (2005) but that pertain to individuals
resident in facilities operated by the Department of Juvenile
Justice are transferred to the Department of Juvenile Justice.
(Source: P.A. 100-198, eff. 1-1-18; revised 10-5-17.)
(730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
Sec. 3-7-2. Facilities.
(a) All institutions and facilities of the Department shall
provide every committed person with access to toilet
facilities, barber facilities, bathing facilities at least
once each week, a library of legal materials and published
materials including newspapers and magazines approved by the
Director. A committed person may not receive any materials that
the Director deems pornographic.
(b) (Blank).
(c) All institutions and facilities of the Department shall
provide facilities for every committed person to leave his cell
for at least one hour each day unless the chief administrative
officer determines that it would be harmful or dangerous to the
security or safety of the institution or facility.
(d) All institutions and facilities of the Department shall

provide every committed person with a wholesome and nutritional
diet at regularly scheduled hours, drinking water, clothing
adequate for the season, bedding, soap and towels and medical
and dental care.
(e) All institutions and facilities of the Department shall
permit every committed person to send and receive an unlimited
number of uncensored letters, provided, however, that the
Director may order that mail be inspected and read for reasons
of the security, safety or morale of the institution or
facility.
(f) All of the institutions and facilities of the
Department shall permit every committed person to receive
in-person visitors and video contact, if available, except in
case of abuse of the visiting privilege or when the chief
administrative officer determines that such visiting would be
harmful or dangerous to the security, safety or morale of the
institution or facility. The chief administrative officer
shall have the right to restrict visitation to non-contact
visits, video, or other forms of non-contact visits for reasons
of safety, security, and order, including, but not limited to,
restricting contact visits for committed persons engaged in
gang activity. No committed person in a super maximum security
facility or on disciplinary segregation is allowed contact
visits. Any committed person found in possession of illegal
drugs or who fails a drug test shall not be permitted contact
visits for a period of at least 6 months. Any committed person

involved in gang activities or found guilty of assault
committed against a Department employee shall not be permitted
contact visits for a period of at least 6 months. The
Department shall offer every visitor appropriate written
information concerning HIV and AIDS, including information
concerning how to contact the Illinois Department of Public
Health for counseling information. The Department shall
develop the written materials in consultation with the
Department of Public Health. The Department shall ensure that
all such information and materials are culturally sensitive and
reflect cultural diversity as appropriate. Implementation of
the changes made to this Section by Public Act 94-629 this
amendatory Act of the 94th General Assembly is subject to
appropriation. The Department shall seek the lowest possible
cost to provide video calling and shall charge to the extent of
recovering any demonstrated costs of providing video calling.
The Department shall not make a commission or profit from video
calling services. Nothing in this Section shall be construed to
permit video calling instead of in-person visitation.
(f-5) (Blank).
(f-10) The Department may not restrict or limit in-person
visits to committed persons due to the availability of
interactive video conferences.
(f-15)(1) The Department shall issue a standard written
policy for each institution and facility of the Department that
provides for:

(A) the number of in-person visits each committed
person is entitled to per week and per month;
(B) the hours of in-person visits;
(C) the type of identification required for visitors at
least 18 years of age; and
(D) the type of identification, if any, required for
visitors under 18 years of age.
(2) This policy shall be posted on the Department website
and at each facility.
(3) The Department shall post on its website daily any
restrictions or denials of visitation for that day and the
succeeding 5 calendar days, including those based on a lockdown
of the facility, to inform family members and other visitors.
(g) All institutions and facilities of the Department shall
permit religious ministrations and sacraments to be available
to every committed person, but attendance at religious services
shall not be required.
(h) Within 90 days after December 31, 1996, the Department
shall prohibit the use of curtains, cell-coverings, or any
other matter or object that obstructs or otherwise impairs the
line of vision into a committed person's cell.
(Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18;
100-142, eff. 1-1-18; revised 10-5-17.)
(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
Sec. 5-2-4. Proceedings after acquittal by reason of

insanity.
(a) After a finding or verdict of not guilty by reason of
insanity under Sections 104-25, 115-3, or 115-4 of the Code of
Criminal Procedure of 1963, the defendant shall be ordered to
the Department of Human Services for an evaluation as to
whether he is in need of mental health services. The order
shall specify whether the evaluation shall be conducted on an
inpatient or outpatient basis. If the evaluation is to be
conducted on an inpatient basis, the defendant shall be placed
in a secure setting. With the court order for evaluation shall
be sent a copy of the arrest report, criminal charges, arrest
record, jail record, any report prepared under Section 115-6 of
the Code of Criminal Procedure of 1963, and any victim impact
statement prepared under Section 6 of the Rights of Crime
Victims and Witnesses Act. The clerk of the circuit court shall
transmit this information to the Department within 5 days. If
the court orders that the evaluation be done on an inpatient
basis, the Department shall evaluate the defendant to determine
to which secure facility the defendant shall be transported
and, within 20 days of the transmittal by the clerk of the
circuit court of the placement court order, notify the sheriff
of the designated facility. Upon receipt of that notice, the
sheriff shall promptly transport the defendant to the
designated facility. During the period of time required to
determine the appropriate placement, the defendant shall
remain in jail. If, within 20 days of the transmittal by the

clerk of the circuit court of the placement court order, the
Department fails to notify the sheriff of the identity of the
facility to which the defendant shall be transported, the
sheriff shall contact a designated person within the Department
to inquire about when a placement will become available at the
designated facility and bed availability at other facilities.
If, within 20 days of the transmittal by the clerk of the
circuit court of the placement court order, the Department
fails to notify the sheriff of the identity of the facility to
which the defendant shall be transported, the sheriff shall
notify the Department of its intent to transfer the defendant
to the nearest secure mental health facility operated by the
Department and inquire as to the status of the placement
evaluation and availability for admission to such facility
operated by the Department by contacting a designated person
within the Department. The Department shall respond to the
sheriff within 2 business days of the notice and inquiry by the
sheriff seeking the transfer and the Department shall provide
the sheriff with the status of the placement evaluation,
information on bed and placement availability, and an estimated
date of admission for the defendant and any changes to that
estimated date of admission. If the Department notifies the
sheriff during the 2 business day period of a facility operated
by the Department with placement availability, the sheriff
shall promptly transport the defendant to that facility.
Individualized placement evaluations by the Department of

Human Services determine the most appropriate setting for
forensic treatment based upon a number of factors including
mental health diagnosis, proximity to surviving victims,
security need, age, gender, and proximity to family.
The Department shall provide the Court with a report of its
evaluation within 30 days of the date of this order. The Court
shall hold a hearing as provided under the Mental Health and
Developmental Disabilities Code to determine if the individual
is: (a) in need of mental health services on an inpatient
basis; (b) in need of mental health services on an outpatient
basis; (c) a person not in need of mental health services. The
Court shall enter its findings.
If the defendant is found to be in need of mental health
services on an inpatient care basis, the Court shall order the
defendant to the Department of Human Services. The defendant
shall be placed in a secure setting. Such defendants placed in
a secure setting shall not be permitted outside the facility's
housing unit unless escorted or accompanied by personnel of the
Department of Human Services or with the prior approval of the
Court for unsupervised on-grounds privileges as provided
herein. Any defendant placed in a secure setting pursuant to
this Section, transported to court hearings or other necessary
appointments off facility grounds by personnel of the
Department of Human Services, shall be placed in security
devices or otherwise secured during the period of
transportation to assure secure transport of the defendant and

the safety of Department of Human Services personnel and
others. These security measures shall not constitute restraint
as defined in the Mental Health and Developmental Disabilities
Code. If the defendant is found to be in need of mental health
services, but not on an inpatient care basis, the Court shall
conditionally release the defendant, under such conditions as
set forth in this Section as will reasonably assure the
defendant's satisfactory progress and participation in
treatment or rehabilitation and the safety of the defendant and
others. If the Court finds the person not in need of mental
health services, then the Court shall order the defendant
discharged from custody.
(a-1) Definitions. For the purposes of this Section:
(A) (Blank).
(B) "In need of mental health services on an inpatient
basis" means: a defendant who has been found not guilty by
reason of insanity but who, due to mental illness, is
reasonably expected to inflict serious physical harm upon
himself or another and who would benefit from inpatient
care or is in need of inpatient care.
(C) "In need of mental health services on an outpatient
basis" means: a defendant who has been found not guilty by
reason of insanity who is not in need of mental health
services on an inpatient basis, but is in need of
outpatient care, drug and/or alcohol rehabilitation
programs, community adjustment programs, individual,

group, or family therapy, or chemotherapy.
(D) "Conditional Release" means: the release from
either the custody of the Department of Human Services or
the custody of the Court of a person who has been found not
guilty by reason of insanity under such conditions as the
Court may impose which reasonably assure the defendant's
satisfactory progress in treatment or habilitation and the
safety of the defendant and others. The Court shall
consider such terms and conditions which may include, but
need not be limited to, outpatient care, alcoholic and drug
rehabilitation programs, community adjustment programs,
individual, group, family, and chemotherapy, random
testing to ensure the defendant's timely and continuous
taking of any medicines prescribed to control or manage his
or her conduct or mental state, and periodic checks with
the legal authorities and/or the Department of Human
Services. The Court may order as a condition of conditional
release that the defendant not contact the victim of the
offense that resulted in the finding or verdict of not
guilty by reason of insanity or any other person. The Court
may order the Department of Human Services to provide care
to any person conditionally released under this Section.
The Department may contract with any public or private
agency in order to discharge any responsibilities imposed
under this Section. The Department shall monitor the
provision of services to persons conditionally released

under this Section and provide periodic reports to the
Court concerning the services and the condition of the
defendant. Whenever a person is conditionally released
pursuant to this Section, the State's Attorney for the
county in which the hearing is held shall designate in
writing the name, telephone number, and address of a person
employed by him or her who shall be notified in the event
that either the reporting agency or the Department decides
that the conditional release of the defendant should be
revoked or modified pursuant to subsection (i) of this
Section. Such conditional release shall be for a period of
five years. However, the defendant, the person or facility
rendering the treatment, therapy, program or outpatient
care, the Department, or the State's Attorney may petition
the Court for an extension of the conditional release
period for an additional 5 years. Upon receipt of such a
petition, the Court shall hold a hearing consistent with
the provisions of paragraph (a), this paragraph (a-1), and
paragraph (f) of this Section, shall determine whether the
defendant should continue to be subject to the terms of
conditional release, and shall enter an order either
extending the defendant's period of conditional release
for an additional 5-year 5 year period or discharging the
defendant. Additional 5-year periods of conditional
release may be ordered following a hearing as provided in
this Section. However, in no event shall the defendant's

period of conditional release continue beyond the maximum
period of commitment ordered by the Court pursuant to
paragraph (b) of this Section. These provisions for
extension of conditional release shall only apply to
defendants conditionally released on or after August 8,
2003. However, the extension provisions of Public Act
83-1449 apply only to defendants charged with a forcible
felony.
(E) "Facility director" means the chief officer of a
mental health or developmental disabilities facility or
his or her designee or the supervisor of a program of
treatment or habilitation or his or her designee.
"Designee" may include a physician, clinical psychologist,
social worker, nurse, or clinical professional counselor.
(b) If the Court finds the defendant in need of mental
health services on an inpatient basis, the admission,
detention, care, treatment or habilitation, treatment plans,
review proceedings, including review of treatment and
treatment plans, and discharge of the defendant after such
order shall be under the Mental Health and Developmental
Disabilities Code, except that the initial order for admission
of a defendant acquitted of a felony by reason of insanity
shall be for an indefinite period of time. Such period of
commitment shall not exceed the maximum length of time that the
defendant would have been required to serve, less credit for
good behavior as provided in Section 5-4-1 of the Unified Code

of Corrections, before becoming eligible for release had he
been convicted of and received the maximum sentence for the
most serious crime for which he has been acquitted by reason of
insanity. The Court shall determine the maximum period of
commitment by an appropriate order. During this period of time,
the defendant shall not be permitted to be in the community in
any manner, including, but not limited to, off-grounds
privileges, with or without escort by personnel of the
Department of Human Services, unsupervised on-grounds
privileges, discharge or conditional or temporary release,
except by a plan as provided in this Section. In no event shall
a defendant's continued unauthorized absence be a basis for
discharge. Not more than 30 days after admission and every 90
days thereafter so long as the initial order remains in effect,
the facility director shall file a treatment plan report in
writing with the court and forward a copy of the treatment plan
report to the clerk of the court, the State's Attorney, and the
defendant's attorney, if the defendant is represented by
counsel, or to a person authorized by the defendant under the
Mental Health and Developmental Disabilities Confidentiality
Act to be sent a copy of the report. The report shall include
an opinion as to whether the defendant is currently in need of
mental health services on an inpatient basis or in need of
mental health services on an outpatient basis. The report shall
also summarize the basis for those findings and provide a
current summary of the following items from the treatment plan:

(1) an assessment of the defendant's treatment needs, (2) a
description of the services recommended for treatment, (3) the
goals of each type of element of service, (4) an anticipated
timetable for the accomplishment of the goals, and (5) a
designation of the qualified professional responsible for the
implementation of the plan. The report may also include
unsupervised on-grounds privileges, off-grounds privileges
(with or without escort by personnel of the Department of Human
Services), home visits and participation in work programs, but
only where such privileges have been approved by specific court
order, which order may include such conditions on the defendant
as the Court may deem appropriate and necessary to reasonably
assure the defendant's satisfactory progress in treatment and
the safety of the defendant and others.
(c) Every defendant acquitted of a felony by reason of
insanity and subsequently found to be in need of mental health
services shall be represented by counsel in all proceedings
under this Section and under the Mental Health and
Developmental Disabilities Code.
(1) The Court shall appoint as counsel the public
defender or an attorney licensed by this State.
(2) Upon filing with the Court of a verified statement
of legal services rendered by the private attorney
appointed pursuant to paragraph (1) of this subsection, the
Court shall determine a reasonable fee for such services.
If the defendant is unable to pay the fee, the Court shall

enter an order upon the State to pay the entire fee or such
amount as the defendant is unable to pay from funds
appropriated by the General Assembly for that purpose.
(d) When the facility director determines that:
(1) the defendant is no longer in need of mental health
services on an inpatient basis; and
(2) the defendant may be conditionally released
because he or she is still in need of mental health
services or that the defendant may be discharged as not in
need of any mental health services; or
(3) (blank);
the facility director shall give written notice to the Court,
State's Attorney and defense attorney. Such notice shall set
forth in detail the basis for the recommendation of the
facility director, and specify clearly the recommendations, if
any, of the facility director, concerning conditional release.
Any recommendation for conditional release shall include an
evaluation of the defendant's need for psychotropic
medication, what provisions should be made, if any, to ensure
that the defendant will continue to receive psychotropic
medication following discharge, and what provisions should be
made to assure the safety of the defendant and others in the
event the defendant is no longer receiving psychotropic
medication. Within 30 days of the notification by the facility
director, the Court shall set a hearing and make a finding as
to whether the defendant is:

(i) (blank); or
(ii) in need of mental health services in the form of
inpatient care; or
(iii) in need of mental health services but not subject
to inpatient care; or
(iv) no longer in need of mental health services; or
(v) (blank).
Upon finding by the Court, the Court shall enter its
findings and such appropriate order as provided in subsections
(a) and (a-1) of this Section.
(e) A defendant admitted pursuant to this Section, or any
person on his behalf, may file a petition for treatment plan
review or discharge or conditional release under the standards
of this Section in the Court which rendered the verdict. Upon
receipt of a petition for treatment plan review or discharge or
conditional release, the Court shall set a hearing to be held
within 120 days. Thereafter, no new petition may be filed for
180 days without leave of the Court.
(f) The Court shall direct that notice of the time and
place of the hearing be served upon the defendant, the facility
director, the State's Attorney, and the defendant's attorney.
If requested by either the State or the defense or if the Court
feels it is appropriate, an impartial examination of the
defendant by a psychiatrist or clinical psychologist as defined
in Section 1-103 of the Mental Health and Developmental
Disabilities Code who is not in the employ of the Department of

Human Services shall be ordered, and the report considered at
the time of the hearing.
(g) The findings of the Court shall be established by clear
and convincing evidence. The burden of proof and the burden of
going forth with the evidence rest with the defendant or any
person on the defendant's behalf when a hearing is held to
review a petition filed by or on behalf of the defendant. The
evidence shall be presented in open Court with the right of
confrontation and cross-examination. Such evidence may
include, but is not limited to:
(1) whether the defendant appreciates the harm caused
by the defendant to others and the community by his or her
prior conduct that resulted in the finding of not guilty by
reason of insanity;
(2) Whether the person appreciates the criminality of
conduct similar to the conduct for which he or she was
originally charged in this matter;
(3) the current state of the defendant's illness;
(4) what, if any, medications the defendant is taking
to control his or her mental illness;
(5) what, if any, adverse physical side effects the
medication has on the defendant;
(6) the length of time it would take for the
defendant's mental health to deteriorate if the defendant
stopped taking prescribed medication;
(7) the defendant's history or potential for alcohol

and drug abuse;
(8) the defendant's past criminal history;
(9) any specialized physical or medical needs of the
defendant;
(10) any family participation or involvement expected
upon release and what is the willingness and ability of the
family to participate or be involved;
(11) the defendant's potential to be a danger to
himself, herself, or others; and
(12) any other factor or factors the Court deems
appropriate.
(h) Before the court orders that the defendant be
discharged or conditionally released, it shall order the
facility director to establish a discharge plan that includes a
plan for the defendant's shelter, support, and medication. If
appropriate, the court shall order that the facility director
establish a program to train the defendant in self-medication
under standards established by the Department of Human
Services. If the Court finds, consistent with the provisions of
this Section, that the defendant is no longer in need of mental
health services it shall order the facility director to
discharge the defendant. If the Court finds, consistent with
the provisions of this Section, that the defendant is in need
of mental health services, and no longer in need of inpatient
care, it shall order the facility director to release the
defendant under such conditions as the Court deems appropriate

and as provided by this Section. Such conditional release shall
be imposed for a period of 5 years as provided in paragraph (D)
of subsection (a-1) and shall be subject to later modification
by the Court as provided by this Section. If the Court finds
consistent with the provisions in this Section that the
defendant is in need of mental health services on an inpatient
basis, it shall order the facility director not to discharge or
release the defendant in accordance with paragraph (b) of this
Section.
(i) If within the period of the defendant's conditional
release the State's Attorney determines that the defendant has
not fulfilled the conditions of his or her release, the State's
Attorney may petition the Court to revoke or modify the
conditional release of the defendant. Upon the filing of such
petition the defendant may be remanded to the custody of the
Department, or to any other mental health facility designated
by the Department, pending the resolution of the petition.
Nothing in this Section shall prevent the emergency admission
of a defendant pursuant to Article VI of Chapter III of the
Mental Health and Developmental Disabilities Code or the
voluntary admission of the defendant pursuant to Article IV of
Chapter III of the Mental Health and Developmental Disabilities
Code. If the Court determines, after hearing evidence, that the
defendant has not fulfilled the conditions of release, the
Court shall order a hearing to be held consistent with the
provisions of paragraph (f) and (g) of this Section. At such

hearing, if the Court finds that the defendant is in need of
mental health services on an inpatient basis, it shall enter an
order remanding him or her to the Department of Human Services
or other facility. If the defendant is remanded to the
Department of Human Services, he or she shall be placed in a
secure setting unless the Court determines that there are
compelling reasons that such placement is not necessary. If the
Court finds that the defendant continues to be in need of
mental health services but not on an inpatient basis, it may
modify the conditions of the original release in order to
reasonably assure the defendant's satisfactory progress in
treatment and his or her safety and the safety of others in
accordance with the standards established in paragraph (D) of
subsection (a-1). Nothing in this Section shall limit a Court's
contempt powers or any other powers of a Court.
(j) An order of admission under this Section does not
affect the remedy of habeas corpus.
(k) In the event of a conflict between this Section and the
Mental Health and Developmental Disabilities Code or the Mental
Health and Developmental Disabilities Confidentiality Act, the
provisions of this Section shall govern.
(l) Public Act 90-593 This amendatory Act shall apply to
all persons who have been found not guilty by reason of
insanity and who are presently committed to the Department of
Mental Health and Developmental Disabilities (now the
Department of Human Services).

(m) The Clerk of the Court shall transmit a certified copy
of the order of discharge or conditional release to the
Department of Human Services, to the sheriff of the county from
which the defendant was admitted, to the Illinois Department of
State Police, to the proper law enforcement agency for the
municipality where the offense took place, and to the sheriff
of the county into which the defendant is conditionally
discharged. The Illinois Department of State Police shall
maintain a centralized record of discharged or conditionally
released defendants while they are under court supervision for
access and use of appropriate law enforcement agencies.
(Source: P.A. 100-27, eff. 1-1-18; 100-424, eff. 1-1-18;
revised 10-10-17.)
Section 590. The Code of Civil Procedure is amended by
changing Section 3-107 as follows:
(735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
Sec. 3-107. Defendants.
(a) Except as provided in subsection (b) or (c), in any
action to review any final decision of an administrative
agency, the administrative agency and all persons, other than
the plaintiff, who were parties of record to the proceedings
before the administrative agency shall be made defendants. The
method of service of the decision shall be as provided in the
Act governing the procedure before the administrative agency,

but if no method is provided, a decision shall be deemed to
have been served either when a copy of the decision is
personally delivered or when a copy of the decision is
deposited in the United States mail, in a sealed envelope or
package, with postage prepaid, addressed to the party affected
by the decision at his or her last known residence or place of
business. The form of the summons and the issuance of alias
summons shall be according to rules of the Supreme Court.
No action for administrative review shall be dismissed for
lack of jurisdiction: (1) based upon misnomer of an agency,
board, commission, or party that is properly served with
summons that was issued in the action within the applicable
time limits; or (2) for a failure to name an employee, agent,
or member, who acted in his or her official capacity, of an
administrative agency, board, committee, or government entity
where a timely action for administrative review has been filed
that identifies the final administrative decision under review
and that makes a good faith effort to properly name the
administrative agency, board, committee, or government entity.
Naming the director or agency head, in his or her official
capacity, shall be deemed to include as defendant the
administrative agency, board, committee, or government entity
that the named defendants direct or head. No action for
administrative review shall be dismissed for lack of
jurisdiction based upon the failure to name an administrative
agency, board, committee, or government entity, where the

director or agency head, in his or her official capacity, has
been named as a defendant as provided in this Section.
If, during the course of a review action, the court
determines that an agency or a party of record to the
administrative proceedings was not made a defendant as required
by the preceding paragraph, then the court shall grant the
plaintiff 35 days from the date of the determination in which
to name and serve the unnamed agency or party as a defendant.
The court shall permit the newly served defendant to
participate in the proceedings to the extent the interests of
justice may require.
(b) With respect to actions to review decisions of a zoning
board of appeals under Division 13 of Article 11 of the
Illinois Municipal Code, "parties of record" means only the
zoning board of appeals and applicants before the zoning board
of appeals. The plaintiff shall send a notice of filing of the
action by certified mail to each other person who appeared
before and submitted oral testimony or written statements to
the zoning board of appeals with respect to the decision
appealed from. The notice shall be mailed within 2 days of the
filing of the action. The notice shall state the caption of the
action, the court in which the action is filed, and the names
of the plaintiff in the action and the applicant to the zoning
board of appeals. The notice shall inform the person of his or
her right to intervene. Each person who appeared before and
submitted oral testimony or written statements to the zoning

board of appeals with respect to the decision appealed from
shall have a right to intervene as a defendant in the action
upon application made to the court within 30 days of the
mailing of the notice.
(c) With respect to actions to review decisions of a
hearing officer or a county zoning board of appeals under
Division 5-12 of Article 5 of the Counties Code, "parties of
record" means only the hearing officer or the zoning board of
appeals and applicants before the hearing officer or the zoning
board of appeals. The plaintiff shall send a notice of filing
of the action by certified mail to each other person who
appeared before and submitted oral testimony or written
statements to the hearing officer or the zoning board of
appeals with respect to the decision appealed from. The notice
shall be mailed within 2 days of the filing of the action. The
notice shall state the caption of the action, the court in
which the action is filed, and the name of the plaintiff in the
action and the applicant to the hearing officer or the zoning
board of appeals. The notice shall inform the person of his or
her right to intervene. Each person who appeared before and
submitted oral testimony or written statements to the hearing
officer or the zoning board of appeals with respect to the
decision appealed from shall have a right to intervene as a
defendant in the action upon application made to the court
within 30 days of the mailing of the notice. This subsection
(c) applies to zoning proceedings commenced on or after July 1,

2007 (the effective date of Public Act 95-321).
(d) The changes to this Section made by Public Act 95-831
apply to all actions filed on or after August 21, 2007 (the
effective date of Public Act 95-831). The changes made by
Public Act 100-212 this amendatory Act of the 100th General
Assembly apply to all actions filed on or after August 18, 2017
(the effective date of Public Act 100-212) this amendatory Act
of the 100th General Assembly.
(Source: P.A. 100-83, eff. 1-1-18; 100-212, eff. 8-18-17;
revised 10-6-17.)
Section 595. The Eminent Domain Act is amended by setting
forth, renumbering, and changing multiple versions of Section
25-5-70 as follows:
(735 ILCS 30/25-5-70)
(Section scheduled to be repealed on August 4, 2019)
Sec. 25-5-70. Quick-take; Macon County; Brush College
Road.
(a) Quick-take proceedings under Article 20 may be used for
a period of no more than one year after August 4, 2017 (the
effective date of Public Act 100-39) this amendatory Act of the
100th General Assembly by Macon County and the City of Decatur
for the acquisition of the following described property for the
purpose of construction on Brush College Road:

Parcel 001
Macon County
Route: Brush College Road
Owner: The JDW Trust
Section: 14-00268-02-EG
Job Number: 6447
Sta. 30+71 RT. to Sta. 52+97 RT. (North Brush College Road)
Permanent Index Number: 18-08-30-400-014
Part of the North Half of the Southeast Quarter of Section 30,
Township 17 North, Range 3 East of the Third Principal
Meridian, Macon County, Illinois, more particularly described
as follows:
Commencing at the Northeast corner of the Southeast Quarter of
Section 30, Township 17 North, Range 3 East of the Third
Principal Meridian; thence West along the North line of said
Southeast Quarter, a bearing based on the Illinois Coordinate
System East Zone NAD83 (2011) Adjustment South 89 degrees 01
minutes 31 seconds West, a distance of 1168.47 feet to the
Point of Beginning for the following described parcel:
Thence South 19 degrees 55 minutes 15 seconds West, a distance
of 164.68 feet; thence South 22 degrees 09 minutes 15 seconds
East, a distance of 9.83 feet; thence South 67 degrees 09
minutes 15 seconds East, a distance of 425.00 feet; thence

South 66 degrees 16 minutes 22 seconds East, a distance of
283.28 feet to a point of curvature; thence Southeasterly along
a circular curve to the right, radius point being South, a
radius of 1067.71 feet, the chord across the last described
circular curve course bears South 55 degrees 49 minutes 53
seconds East, a distance of 389.47 feet; thence North 79
degrees 23 minutes 00 seconds East, a distance of 40.06 feet to
a point of curvature; thence Northeasterly along a circular
curve to the left, radius point being West, a radius of 625.00
feet, the chord across the last described circular curve course
bears North 30 degrees 51 minutes 43 seconds East, a distance
of 284.02 feet to a point on the West Right of Way line of Brush
College Road; thence South 00 degrees 20 minutes 50 seconds
East along the said West Right of Way line, a distance of
871.15 feet; thence Northwesterly along a circular curve to the
left, radius point being South, a radius of 931.75 feet, the
chord across the last described circular curve course bears
North 39 degrees 00 minutes 19 seconds West, a distance of
905.05 feet; thence North 68 degrees 04 minutes 22 seconds
West, a distance of 233.28 feet; thence North 67 degrees 09
minutes 15 seconds West, a distance of 850.00 feet; thence
North 77 degrees 09 minutes 14 seconds West, a distance of
130.95 feet to a point on the Easterly Right of Way Line of
Illinois Route 48; thence North 37 degrees 48 minutes 50
seconds East along the said Easterly Right of Way Line, a
distance of 156.61 feet to the Southwest corner of Lot 2 as

designated upon the Final Plat of WMCD Subdivision, being a
subdivision in the SE. 1/4 and SW. 1/4 of the NE. 1/4 of
Section 30, Township 17 North, Range 3 East of the Third
Principal Meridian, Macon County, Illinois and recorded in Book
1832, Page 338 of the Records in the Recorder's Office of Macon
County, Illinois; thence North 89 degrees 01 minutes 31 seconds
East along the North line of said Southeast Quarter as
aforesaid to the Point of Beginning, containing 8.310 acres,
more or less.
(b) This Section is repealed August 4, 2019 (2 years after
the effective date of Public Act 100-39) this amendatory Act of
the 100th General Assembly.
(Source: P.A. 100-39, eff. 8-4-17; revised 11-6-17.)
(735 ILCS 30/25-5-72)
Sec. 25-5-72 25-5-70. Quick-take; McHenry County; Randall
Road. Quick-take proceedings under Article 20 may be used for a
period of no more than one year after August 25, 2017 (the
effective date of Public Act 100-446) this amendatory Act of
the 100th General Assembly by McHenry County for the
acquisition of the following described property for the purpose
of construction on Randall Road:
RANDALL ROAD, McHENRY COUNTY, ILLINOIS
LEGAL DESCRIPTIONS

***
That part of Lot 3, except the West 10.0 feet thereof
conveyed to McHenry County, Illinois, by quit claim deed
recorded July 30, 2008 as document number 2008R0041806, in
Rosen Rosen Rosen Subdivision, being a subdivision of part of
the Northwest Quarter of Section 32, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat
thereof recorded July 26, 2001 as document number 2001R0052702,
in McHenry County, Illinois, bearings and distances are based
on the Illinois Coordinate System, NAD 83(2011) East Zone, with
a combination factor of 0.9999373735, described as follows:
Commencing at the southwest corner of said Lot 3; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 87 degrees 20 minutes 06 seconds East along the south
line of said Lot 3, a distance of 10.00 feet to the east right
of way line of Randall Road recorded July 30, 2008 as document
number 2008R0041806 and the point of beginning; thence North 2
degrees 40 minutes 02 seconds East along the said east right of
way line of Randall Road, a distance of 227.85 feet to the
northerly line of said Lot 3; thence North 81 degrees 39
minutes 50 seconds East along the northerly line of said Lot 3,
a distance of 3.52 feet; thence South 2 degrees 47 minutes 42
seconds West, a distance of 228.52 feet to the south line of
said Lot 3; thence North 87 degrees 20 minutes 06 seconds West

along the south line of said Lot 3, a distance of 2.94 feet to
the point of beginning.
Said parcel containing 0.017 acre, more or less.
***
That part of Lot 3, except the West 10.0 feet thereof
conveyed to McHenry County, Illinois, by quit claim deed
recorded July 30, 2008 as document number 2008R0041806, in
Rosen Rosen Rosen Subdivision, being a subdivision of part of
the Northwest Quarter of Section 32, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat
thereof recorded July 26, 2001 as document number 2001R0052702,
in McHenry County, Illinois, bearings and distances are based
on the Illinois Coordinate System, NAD 83(2011) East Zone, with
a combination factor of 0.9999373735, described as follows:
Commencing at the southwest corner of said Lot 3; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 87 degrees 20 minutes 06 seconds East along the south
line of said Lot 3, a distance of 10.00 feet to the east right
of way line of Randall Road recorded July 30, 2008 as document
number 2008R0041806; thence North 2 degrees 40 minutes 02
seconds East along the said east right of way line of Randall
Road, a distance of 227.85 feet to the northerly line of said

Lot 3; thence North 81 degrees 39 minutes 50 seconds East along
the northerly line of said Lot 3, a distance of 3.52 feet to
the point of beginning; thence South 2 degrees 47 minutes 42
seconds West, a distance of 228.52 feet to the south line of
said Lot 3; thence South 87 degrees 20 minutes 06 seconds East
along the south line of said Lot 3, a distance of 8.00 feet;
thence North 2 degrees 47 minutes 42 seconds East, a distance
of 230.08 feet to the northerly line of said Lot 3; thence
South 81 degrees 39 minutes 50 seconds West along the northerly
line of said Lot 3, a distance of 8.15 feet to the point of
beginning.
Said temporary easement containing 0.043 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 3 in Rubloff Oakridge Resubdivision, being
a resubdivision of Lots 4, 5 and "A" in Olsen's Second
Resubdivision in the Northeast Quarter of Section 31, Township
43 North, Range 8 East of the Third Principal Meridian,
according to the plat of said Rubloff Oakridge Resubdivision
recorded November 1, 2002 as document number 2002R0100964, in
McHenry County, Illinois, bearings and distances are based on

the Illinois Coordinate System, NAD 83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Beginning at the northeast corner of said Lot 3; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 2 degrees 40 minutes 02 seconds West along the east line
of said Lot 3, a distance of 22.73 feet to an angle point on
said east line of Lot 3; thence South 5 degrees 31 minutes 46
seconds West along the east line of said Lot 3, a distance of
100.12 feet to an angle point on said east line of Lot 3;
thence South 2 degrees 40 minutes 02 seconds West along the
east line of said Lot 3, a distance of 288.24 feet to the
southeast corner of Lot 3; thence North 89 degrees 27 minutes
18 seconds West along the south line of said Lot 3, a distance
of 5.81 feet; thence North 2 degrees 47 minutes 42 seconds
East, a distance of 170.94 feet; thence North 87 degrees 12
minutes 18 seconds West, a distance of 22.00 feet; thence North
2 degrees 47 minutes 42 seconds East, a distance of 40.00 feet;
thence South 87 degrees 12 minutes 18 seconds East, a distance
of 15.00 feet; thence North 2 degrees 47 minutes 42 seconds
East, a distance of 200.22 feet to the north line of said Lot
3; thence South 87 degrees 20 minutes 16 seconds East along the
north line of said Lot 3, a distance of 16.89 feet to the point
of beginning.
Said parcel containing 0.111 acre, more or less.

***
That part of Lot 3 in Rubloff Oakridge Resubdivision, being
a resubdivision of Lots 4, 5 and "A" in Olsen's Second
Resubdivision in the Northeast Quarter of Section 31, Township
43 North, Range 8 East of the Third Principal Meridian,
according to the plat of said Rubloff Oakridge Resubdivision
recorded November 1, 2002 as document number 2002R0100964, in
McHenry County, Illinois, bearings and distances are based on
the Illinois Coordinate System, NAD 83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Commencing at the northeast corner of said Lot 3; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 2 degrees 40 minutes 02 seconds West along the east line
of said Lot 3, a distance of 22.73 feet to an angle point on
said east line of Lot 3; thence South 5 degrees 31 minutes 46
seconds West along the east line of said Lot 3, a distance of
100.12 feet to an angle point on said east line of Lot 3;
thence South 2 degrees 40 minutes 02 seconds West along the
east line of said Lot 3, a distance of 288.24 feet to the
southeast corner of Lot 3; thence North 89 degrees 27 minutes
18 seconds West along the south line of said Lot 3, a distance
of 5.81 feet; thence North 2 degrees 47 minutes 42 seconds
East, a distance of 170.94 feet; thence North 87 degrees 12

minutes 18 seconds West, a distance of 22.00 feet; thence North
2 degrees 47 minutes 42 seconds East, a distance of 40.00 feet
to the point of beginning; thence South 87 degrees 12 minutes
18 seconds East, a distance of 15.00 feet; thence North 2
degrees 47 minutes 42 seconds East, a distance of 200.22 feet
to the north line of said Lot 3; thence North 87 degrees 20
minutes 16 seconds West along the north line of said Lot 3, a
distance of 15.00 feet; thence South 2 degrees 47 minutes 42
seconds West, a distance of 200.18 feet to the point of
beginning.
Said temporary easement containing 0.069 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 1 in Olsen's Subdivision, being a
subdivision of part of the East Half of the Northeast Quarter
of Section 31, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded
August 17, 1995 as document number 95R033749 and that part of
Lot 3 in Olsen's Second Resubdivision, being a resubdivision of
Lot 3 in Olsen's Subdivision recorded August 17, 1995 as
document number 95R033749 and Lot 4 in Olsen's First

Resubdivision of Lot 2 and part of Lot 3 in Olsen's Subdivision
recorded August 14, 1996 as document number 96R042075 of part
of the East Half of the Northeast Quarter of Section 31,
Township 43 North, Range 8 East of the Third Principal
Meridian, according to the plat of said Olsen's Second
Resubdivision recorded November 5, 1999 as document number
1999R0076925, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Beginning at the southeast corner of said Lot 3; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 87 degrees 20 minutes 16 seconds West along a south line
of said Lot 3, a distance of 16.89 feet; thence North 2 degrees
47 minutes 42 seconds East, a distance of 154.86 feet to a
point of curvature; thence northerly 437.88 feet along a curve
to the left having a radius of 17159.52 feet, the chord of said
curve bears North 2 degrees 03 minutes 51 seconds East, 437.87
feet; thence North 88 degrees 40 minutes 01 second West along a
radial line, a distance of 15.00 feet; thence northerly 412.44
feet along a curve to the left having a radius of 17144.52
feet, the chord of said curve bears North 0 degrees 38 minutes
38 seconds East, 412.43 feet; thence North 45 degrees 12
minutes 48 seconds West, a distance of 21.16 feet; thence South
89 degrees 38 minutes 36 seconds West, a distance of 332.84

feet; thence North 83 degrees 51 minutes 10 seconds West, a
distance of 197.73 feet to the west line of said Lot 1; thence
North 1 degree 52 minutes 34 seconds East along the west line
of said Lot 1, a distance of 12.43 feet to the northwest corner
of Lot 1; thence North 89 degrees 21 minutes 14 seconds East
along the north line of said Lot 1, a distance of 551.12 feet
to the northeasterly line of Lot 1; thence South 45 degrees 19
minutes 13 seconds East along the northeasterly line of said
Lot 1, a distance of 35.15 feet to east line of Lot 1; thence
South 0 degrees 00 minutes 21 seconds West along the east line
of said Lot 1, a distance of 430.58 feet (430.63 feet,
recorded) to an angle point on the east line of Lot 1; thence
South 2 degrees 40 minutes 02 seconds West along the east line
of said Lot 1 and along the east line of said Lot 3, a distance
of 603.78 feet to the point of beginning.
Said parcel containing 0.993 acre, more or less.
***
That part of Lot 1 in Olsen's Subdivision, being a
subdivision of part of the East Half of the Northeast Quarter
of Section 31, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded
August 17, 1995 as document number 95R033749 and that part of
Lot 3 in Olsen's Second Resubdivision, being a resubdivision of

Lot 3 in Olsen's Subdivision recorded August 17, 1995 as
document number 95R033749 and Lot 4 in Olsen's First
Resubdivision of Lot 2 and part of Lot 3 in Olsen's Subdivision
recorded August 14, 1996 as document number 96R042075 of part
of the East Half of the Northeast Quarter of Section 31,
Township 43 North, Range 8 East of the Third Principal
Meridian, according to the plat of said Olsen's Second
Resubdivision recorded November 5, 1999 as document number
1999R0076925, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Commencing at the southeast corner of said Lot 3; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 87 degrees 20 minutes 16 seconds West along a south line
of said Lot 3, a distance of 16.89 feet to the point of
beginning; thence North 2 degrees 47 minutes 42 seconds East, a
distance of 154.86 feet to a point of curvature; thence
northerly 437.88 feet along a curve to the left having a radius
of 17159.52 feet, the chord of said curve bears North 2 degrees
03 minutes 51 seconds East, 437.87 feet; thence North 88
degrees 40 minutes 01 second West along a radial line, a
distance of 15.00 feet; thence southerly 437.50 feet along a
curve to the right having a radius of 17144.52 feet, the chord
of said curve bears South 2 degrees 03 minutes 51 seconds West,

437.49 feet to a point of tangency; thence South 2 degrees 47
minutes 42 seconds West, a distance of 154.89 feet to a south
line of said Lot 3; thence South 87 degrees 20 minutes 16
seconds East along a south line of said Lot 3, a distance of
15.00 to the point of beginning.
Said temporary easement containing 0.204 acre, more or
less.
Said temporary easement to be used for construction
purposes.
***
That part of Lot 1 in Olsen's Subdivision, being a
subdivision of part of the East Half of the Northeast Quarter
of Section 31, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded
August 17, 1995 as document number 95R033749, in McHenry
County, Illinois, bearings and distances are based on the
Illinois Coordinate System, NAD 83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Commencing at the southeast corner of Lot 3 in Olsen's
Second Resubdivision according to the plat thereof recorded
November 5, 1999 as document number 1999R0076925; thence on an

Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 87 degrees 20 minutes 16 seconds West along a south line
of Lot 3 in said Olsen's Second Resubdivision, a distance of
16.89 feet; thence North 2 degrees 47 minutes 42 seconds East,
a distance of 154.86 feet to a point of curvature; thence
northerly 437.88 feet along a curve to the left having a radius
of 17159.52 feet, the chord of said curve bears North 2 degrees
03 minutes 51 seconds East, 437.87 feet; thence North 88
degrees 40 minutes 01 second West along a radial line, a
distance of 15.00 feet; thence northerly 35.00 feet along a
curve to the left having a radius of 17144.52 feet, the chord
of said curve bears North 1 degree 16 minutes 28 seconds East,
35.00 feet to the point of beginning; thence northerly 377.44
feet along a curve to the left having a radius of 17144.52
feet, the chord of said curve bears North 0 degrees 35 minutes
07 second East, 377.43 feet; thence North 45 degrees 12 minutes
48 seconds West, a distance of 21.16 feet; thence South 89
degrees 38 minutes 36 seconds West, a distance of 332.84 feet;
thence North 83 degrees 51 minutes 10 seconds West, a distance
of 197.73 feet to the west line of said Lot 1; thence South 1
degree 52 minutes 34 seconds West along the west line of said
Lot 1, a distance of 6.02 feet; thence South 83 degrees 51
minutes 10 second East, a distance of 197.62 feet; thence North
89 degrees 38 minutes 36 seconds East, a distance of 338.15
feet; thence southerly 326.14 feet along a curve to the right
having a radius of 17134.52 feet, the chord of said curve bears

South 0 degrees 28 minutes 12 seconds West, 326.14 feet; thence
North 88 degrees 40 minutes 01 second West, a distance of 30.00
feet; thence southerly 60.00 feet along a curve to the right
having a radius of 17104.52 feet, the chord of said curve bears
South 1 degree 06 minutes 55 seconds West, 60.00 feet; thence
South 88 degrees 40 minutes 01 second East, a distance of 40.00
feet to the point of beginning.
Said temporary easement containing 0.203 acre, more or
less.
Said temporary easement to be used for grading and driveway
construction purposes.
***
That part of the Northwest Quarter of Section 32, Township
43 North, Range 8 East of the Third Principal Meridian, in
McHenry County, Illinois, bearings and distances are based on
the Illinois Coordinate System, NAD 83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Beginning at the northwest corner of the Northwest Quarter
of said Section 32; thence on an Illinois Coordinate System NAD
83(2011) East Zone bearing of South 89 degrees 47 minutes 34
seconds East along the north line of the Northwest Quarter of

said Section 32, a distance of 23.41 feet to a point of
intersection with the Northerly extension of the east right of
way line of Randall Road recorded May 20, 1971 as document
number 543017; thence South 0 degrees 00 minutes 21 seconds
West along the Northerly extension of the said east right of
way line of Randall Road, a distance of 70.00 feet to the south
right of way line of Huntington Drive recorded July 23, 1990 as
document number 90R026911; thence South 89 degrees 47 minutes
34 seconds East along the said south right of way line of
Huntington Drive, a distance of 99.99 feet to a point of
curvature on said south right of way line; thence easterly
114.98 feet (111.67 feet, recorded) along the southerly right
of way line of said Huntington Drive on a curve to the left
having a radius of 334.98 feet, the chord of said curve bears
North 80 degrees 22 minutes 26 seconds East, 114.42 feet to a
point of reverse curvature on said southerly right of way line;
thence easterly 90.96 feet (88.34 feet, recorded) along the
said southerly right of way line of Huntington Drive on a curve
to the right having a radius of 264.98 feet, the chord of said
curve bears North 80 degrees 22 minutes 26 seconds East, 90.51
feet to a point of tangency on the said south right of way line
of Huntington Drive; thence South 89 degrees 47 minutes 34
seconds East along the said south right of way line of
Huntington Drive, a distance of 319.64 feet; thence South 81
degrees 12 minutes 30 seconds West, a distance of 225.11 feet;
thence South 8 degrees 47 minutes 30 seconds East, a distance

of 5.00 feet; thence South 81 degrees 12 minutes 30 seconds
West, a distance of 128.86 feet; thence South 89 degrees 38
minutes 36 seconds West, a distance of 172.42 feet; thence
South 64 degrees 03 minutes 37 seconds West, a distance of
69.23 feet; thence southerly 582.56 feet along a curve to the
right having a radius of 17334.52 feet, the chord of said curve
bears South 0 degrees 56 minutes 37 seconds West, 582.53 feet
to the south line of the grantor according to warranty deed
recorded March 9, 1910 as document number 15359; thence North
89 degrees 35 minutes 06 seconds West along the south line of
the grantor according to said warranty deed, a distance of
77.27 feet to the west line of the Northwest Quarter of said
Section 32; thence North 2 degrees 03 minutes 28 seconds East
along the west line of the Northwest Quarter of said Section
32, a distance of 710.08 feet (710 feet, recorded) to the point
of beginning.
Said parcel containing 1.559 acres, more or less, of which
0.571 acre, more or less, was previously dedicated or used for
highway purposes.
***
That part of the Northwest Quarter of Section 32, Township
43 North, Range 8 East of the Third Principal Meridian, in
McHenry County, Illinois, bearings and distances are based on

the Illinois Coordinate System, NAD 83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Commencing at the northwest corner of the Northwest Quarter
of said Section 32; thence on an Illinois Coordinate System NAD
83(2011) East Zone bearing of South 89 degrees 47 minutes 34
seconds East along the north line of the Northwest Quarter of
said Section 32, a distance of 23.41 feet to a point of
intersection with the Northerly extension of the east right of
way line of Randall Road recorded May 20, 1971 as document
number 543017; thence South 0 degrees 00 minutes 21 seconds
West along the Northerly extension of the said east right of
way line of Randall Road, a distance of 70.00 feet to the south
right of way line of Huntington Drive recorded July 23, 1990 as
document number 90R026911; thence South 89 degrees 47 minutes
34 seconds East along the said south right of way line of
Huntington Drive, a distance of 99.99 feet to a point of
curvature on said south right of way line; thence easterly
114.98 feet (111.67 feet, recorded) along the southerly right
of way line of said Huntington Drive on a curve to the left
having a radius of 334.98 feet, the chord of said curve bears
North 80 degrees 22 minutes 26 seconds East, 114.42 feet to a
point of reverse curvature on said southerly right of way line;
thence easterly 90.96 feet (88.34 feet, recorded) along the
said southerly right of way line of Huntington Drive on a curve
to the right having a radius of 264.98 feet, the chord of said

curve bears North 80 degrees 22 minutes 26 seconds East, 90.51
feet to a point of tangency on the said south right of way line
of Huntington Drive; thence South 89 degrees 47 minutes 34
seconds East along the said south right of way line of
Huntington Drive, a distance of 319.64 feet to the point of
beginning; thence South 81 degrees 12 minutes 30 seconds West,
a distance of 225.11 feet; thence South 8 degrees 47 minutes 30
seconds East, a distance of 5.00 feet; thence South 81 degrees
12 minutes 30 seconds West, a distance of 128.86 feet; thence
South 89 degrees 38 minutes 36 seconds West, a distance of
172.42 feet; thence South 64 degrees 03 minutes 37 seconds
West, a distance of 69.23 feet; thence southerly 582.56 feet
along a curve to the right having a radius of 17334.52 feet,
the chord of said curve bears South 0 degrees 56 minutes 37
seconds West, 582.53 feet to the south line of the grantor
according to warranty deed recorded March 9, 1910 as document
number 15359; thence South 89 degrees 35 minutes 06 seconds
East along the south line of the grantor according to said
warranty deed, a distance of 10.00 feet; thence northerly
102.10 feet along a curve to the left having a radius of
17344.52 feet, the chord of said curve bears North 1 degree 44
minutes 12 seconds East, 102.10 feet; thence North 90 degrees
00 minutes 00 seconds East, a distance of 70.03 feet; thence
northerly 295.03 feet along a curve to the left having a radius
of 17414.52 feet, the chord of said curve bears North 1 degree
04 minutes 35 seconds East, 295.03 feet; thence North 90

degrees 00 minutes 00 seconds East, a distance of 50.00 feet;
thence northerly 125.49 feet along a curve to the left having a
radius of 17464.52 feet, the chord of said curve bears North 0
degrees 23 minutes 01 second East, 125.49 feet; thence North 50
degrees 24 minutes 29 seconds East, a distance of 29.58 feet;
thence North 89 degrees 38 minutes 36 seconds East, a distance
of 87.71 feet; thence North 81 degrees 12 minutes 30 seconds
East, a distance of 164.10 feet; thence North 65 degrees 08
minutes 08 seconds East, a distance of 133.64 feet; thence
North 8 degrees 47 minutes 30 seconds West, a distance of 25.00
feet; thence North 81 degrees 12 minutes 30 seconds East, a
distance of 112.61 feet; thence North 0 degrees 18 minutes 19
seconds East, a distance of 7.64 feet to the said south right
of way line of Huntington Drive; thence North 89 degrees 47
minutes 34 seconds West along the said south right of way line
of Huntington Drive, a distance of 47.64 feet to the point of
beginning.
Said temporary easement containing 1.849 acres, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 1 in Meijer Store #206 Subdivision, being

a resubdivision of part of Lot 6 in Eagle Commercial Center in
the Southeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat of
said Meijer #206 Subdivision recorded September 25, 2002 as
document number 2002R0084811, in McHenry County, Illinois,
bearings and distances are based on the Illinois Coordinate
System, NAD 83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Beginning at the southeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 21 minutes 14 seconds West along the south
line of said Lot 1, a distance of 281.80 feet (281.83 feet,
recorded) to a southwest corner of Lot 1; thence northeasterly
10.29 feet along a northwesterly line of said Lot 1 on a curve
to the left having a radius of 49.00 feet, the chord of said
curve bears North 30 degrees 40 minutes 11 seconds East, 10.27
feet; thence North 89 degrees 38 minutes 36 seconds East, a
distance of 160.24 feet; thence South 0 degrees 21 minutes 24
seconds East, a distance of 5.00 feet; thence North 89 degrees
38 minutes 36 seconds East, a distance of 54.47 feet; thence
North 44 degrees 48 minutes 06 seconds East, a distance of
87.77 feet to the east line of said Lot 1; thence South 0
degrees 01 minute 40 seconds West along the east line of said
Lot 1, a distance of 64.27 feet to the point of beginning.

Said parcel containing 0.082 acre, more or less.
***
That part of Lot 1 in Meijer Store #206 Subdivision, being
a resubdivision of part of Lot 6 in Eagle Commercial Center in
the Southeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat of
said Meijer #206 Subdivision recorded September 25, 2002 as
document number 2002R0084811, in McHenry County, Illinois,
bearings and distances are based on the Illinois Coordinate
System, NAD 83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Beginning at a southeast corner of said Lot 1, being also
the southwest corner of Lot 5 in said Meijer Store #206
Subdivision; thence on an Illinois Coordinate System NAD
83(2011) East Zone bearing of South 89 degrees 21 minutes 14
seconds West along the south line of said Lot 1, a distance of
74.24 feet; thence North 0 degrees 21 minutes 24 seconds West,
a distance of 39.98 feet; thence North 89 degrees 24 minutes 27
seconds East, a distance of 63.85 feet to an east line of said
Lot 1; thence South 0 degrees 21 minutes 27 seconds East along
an east line of said Lot 1, a distance of 9.70 feet to a
northeasterly line of Lot 1; thence southeasterly 32.50 feet
along a northeasterly line of said Lot 1 on a curve to the left

having a radius of 49.00 feet, the chord of said curve bears
South 19 degrees 22 minutes 16 seconds East, 31.91 feet to the
point of beginning.
Said temporary easement containing 0.061 acre, more or
less.
Said temporary easement to be used for construction
purposes.
***
That part of Lot 1 in Meijer Store #206 Subdivision, being
a resubdivision of part of Lot 6 in Eagle Commercial Center in
the Southeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat of
said Meijer #206 Subdivision recorded September 25, 2002 as
document number 2002R0084811, in McHenry County, Illinois,
bearings and distances are based on the Illinois Coordinate
System, NAD 83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Commencing at the southeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 21 minutes 14 seconds West along the south
line of said Lot 1, a distance of 281.80 feet (281.83 feet,

recorded) to a southwest corner of Lot 1; thence northeasterly
10.29 feet along a northwesterly line of said Lot 1 on a curve
to the left having a radius of 49.00 feet, the chord of said
curve bears North 30 degrees 40 minutes 11 seconds East, 10.27
feet to the point of beginning; thence North 89 degrees 38
minutes 36 seconds East, a distance of 78.24 feet; thence North
0 degrees 21 minutes 24 seconds West, a distance of 27.00 feet;
thence South 89 degrees 38 minutes 36 seconds West, a distance
of 73.61 feet to a west line of said Lot 1; thence South 0
degrees 06 minutes 47 seconds East along a west line of said
Lot 1, a distance of 6.50 feet to a northwesterly line of Lot
1; thence southwesterly 21.18 feet along a northwesterly line
of said Lot 1 on a curve to the right having a radius of 49.00
feet, the chord of said curve bears South 12 degrees 16 minutes
19 seconds West, 21.01 feet to the point of beginning.
Said temporary easement containing 0.046 acre, more or
less.
Said temporary easement to be used for construction
purposes.
***
That part of Lot 1 in Meijer Store #206 Subdivision, being
a resubdivision of part of Lot 6 in Eagle Commercial Center in

the Southeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat of
said Meijer #206 Subdivision recorded September 25, 2002 as
document number 2002R0084811, in McHenry County, Illinois,
bearings and distances are based on the Illinois Coordinate
System, NAD 83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Commencing at the southeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 21 minutes 14 seconds West along the south
line of said Lot 1, a distance of 281.80 feet (281.83 feet,
recorded) to a southwest corner of Lot 1; thence northeasterly
10.29 feet along a northwesterly line of said Lot 1 on a curve
to the left having a radius of 49.00 feet, the chord of said
curve bears North 30 degrees 40 minutes 11 seconds East, 10.27
feet; thence North 89 degrees 38 minutes 36 seconds East, a
distance of 160.24 feet; thence South 0 degrees 21 minutes 24
seconds East, a distance of 5.00 feet; thence North 89 degrees
38 minutes 36 seconds East, a distance of 35.00 feet to the
point of beginning; thence continuing North 89 degrees 38
minutes 36 seconds East, a distance of 19.47 feet; thence North
44 degrees 48 minutes 06 seconds East, a distance of 87.77 feet
to the east line of said Lot 1; thence North 0 degrees 01
minute 40 seconds East along the east line of said Lot 1, a
distance of 391.21 feet to a northeast corner of Lot 1; thence

southwesterly 49.51 feet along a northeasterly line of said Lot
1 on a curve to the right having a radius of 98.99 feet, the
chord of said curve bears South 62 degrees 09 minutes 20
seconds West, 48.99 feet; thence South 1 degree 09 minutes 06
seconds West, a distance of 56.02 feet; thence North 89 degrees
58 minutes 13 seconds East, a distance of 36.65 feet; thence
South 0 degrees 01 minute 47 seconds East, a distance of 312.74
feet; thence South 44 degrees 48 minutes 06 seconds West, a
distance of 80.18 feet; thence South 89 degrees 38 minutes 36
seconds West, a distance of 17.40 feet; thence South 0 degrees
21 minutes 24 seconds East, a distance of 5.00 feet to the
point of beginning.
Said temporary easement containing 0.132 acre, more or
less.
Said temporary easement to be used for construction
purposes.
***
That part of Lot 1 in Meijer Store #206 Subdivision, being
a resubdivision of part of Lot 6 in Eagle Commercial Center in
the Southeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat of
said Meijer #206 Subdivision recorded September 25, 2002 as

document number 2002R0084811, in McHenry County, Illinois,
bearings and distances are based on the Illinois Coordinate
System, NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Beginning at the northeast corner of Lot 3 in said Meijer
Store #206 Subdivision, being also a southeast corner of said
Lot 1; thence on an Illinois Coordinate System NAD 83(2011)
East Zone bearing of North 0 degrees 01 minute 40 seconds East
along an east line of said Lot 1, a distance of 18.24 feet;
thence northerly 47.70 feet along an east line of said Lot 1 on
a curve to the left having a radius of 31851.48 feet, the chord
of said curve bears North 0 degrees 00 minutes 38 seconds West,
47.70 feet to a northwesterly line of Lot 1; thence
southwesterly 73.12 feet (73.16 feet, recorded) along a
northwesterly line of said Lot 1 on a curve to the right having
a radius of 98.99 feet, the chord of said curve bears South 68
degrees 49 minutes 52 seconds West, 71.47 feet to a north line
of Lot 1; thence North 89 degrees 59 minutes 09 seconds West
along a north line of said Lot 1, a distance of 1.65 feet;
thence South 0 degrees 04 minutes 51 seconds East, a distance
of 30.98 feet to a south line of said Lot 1; thence South 89
degrees 58 minutes 47 seconds East along a south line of said
Lot 1, a distance of 36.76 feet to a southwesterly line of Lot
1; thence southeasterly 33.23 feet (33.24 feet, recorded) along
a southwesterly line of said Lot 1 on a curve to the right

having a radius of 59.00 feet, the chord of said curve bears
South 73 degrees 49 minutes 27 seconds East, 32.79 feet to the
point of beginning.
Said temporary easement containing 0.063 acre, more or
less.
Said temporary easement to be used for construction
purposes.
***
That part of Lot 5 in Meijer Store #206 Subdivision, being
a resubdivision of part of Lot 6 in Eagle Commercial Center in
the Southeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat of
said Meijer #206 Subdivision recorded September 25, 2002 as
document number 2002R0084811, in McHenry County, Illinois,
bearings and distances are based on the Illinois Coordinate
System, NAD 83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Beginning at the southeast corner of said Lot 5; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 21 minutes 14 seconds West along the south
line of said Lot 5, a distance of 176.22 feet; thence North 0

degrees 00 minutes 00 seconds East, a distance of 3.32 feet;
thence North 85 degrees 39 minutes 34 seconds East, a distance
of 91.74 feet; thence North 89 degrees 38 minutes 36 seconds
East, a distance of 89.97 feet to the southeasterly line of
said Lot 5; thence southwesterly 10.29 feet along the
southeasterly line of said Lot 5 on a curve to the right having
a radius of 49.00 feet, the chord of said curve bears South 30
degrees 40 minutes 11 seconds West, 10.27 feet to the point of
beginning.
Said parcel containing 0.031 acre, more or less.
***
That part of Lot 5 in Meijer Store #206 Subdivision, being
a resubdivision of part of Lot 6 in Eagle Commercial Center in
the Southeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat of
said Meijer #206 Subdivision recorded September 25, 2002 as
document number 2002R0084811, in McHenry County, Illinois,
bearings and distances are based on the Illinois Coordinate
System, NAD 83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Beginning at the southwest corner of said Lot 5; thence
northwesterly 32.50 feet along the southwesterly line of said

Lot 5 on a curve to the right having a radius of 49.00 feet, the
chord of said curve bears on an Illinois Coordinate System NAD
83(2011) East Zone bearing of North 19 degrees 22 minutes 16
seconds West, 31.91 feet to the west line of Lot 5; thence
North 0 degrees 21 minutes 27 seconds West along the west line
of said Lot 5, a distance of 9.70 feet; thence North 89 degrees
24 minutes 27 seconds East, a distance of 19.31 feet; thence
South 0 degrees 35 minutes 33 seconds East, a distance of 39.90
feet to the south line of said Lot 5; thence South 89 degrees
21 minutes 14 seconds West along the south line of said Lot 5,
a distance of 9.08 feet to the point of beginning.
Said temporary easement containing 0.015 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 5 in Meijer Store #206 Subdivision, being
a resubdivision of part of Lot 6 in Eagle Commercial Center in
the Southeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat of
said Meijer #206 Subdivision recorded September 25, 2002 as
document number 2002R0084811, in McHenry County, Illinois,
bearings and distances are based on the Illinois Coordinate

System, NAD 83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Commencing at the southeast corner of said Lot 5; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 21 minutes 14 seconds West along the south
line of said Lot 5, a distance of 176.22 feet; thence North 0
degrees 00 minutes 00 seconds East, a distance of 3.32 feet;
thence North 85 degrees 39 minutes 34 seconds East, a distance
of 91.74 feet; thence North 89 degrees 38 minutes 36 seconds
East, a distance of 84.21 feet to the point of beginning;
thence continuing North 89 degrees 38 minutes 36 seconds East,
a distance of 5.76 feet to the southeasterly line of said Lot
5; thence northeasterly 21.18 feet along the southeasterly line
of said Lot 5 on a curve to the left having a radius of 49.00
feet, the chord of said curve bears North 12 degrees 16 minutes
19 seconds East, 21.01 feet to the east line of said Lot 5;
thence North 0 degrees 06 minutes 47 seconds West along the
east line of said Lot 5, a distance of 6.50 feet; thence South
89 degrees 38 minutes 36 seconds West, a distance of 10.39
feet; thence South 0 degrees 21 minutes 24 seconds East, a
distance of 27.00 feet to the point of beginning.
Said temporary easement containing 0.006 acre, more or
less, or 249 square feet, more or less.

Said temporary easement to be used for grading purposes.
***
That part of Lot 11 in Kaper's Business Center Unit 1,
being a subdivision of part of the West Half of the Southwest
Quarter of Section 29, Township 43 North, Range 8 East of the
Third
Principal Meridian, according to the plat thereof recorded
June 4, 1997 as document number 97R025826, in McHenry County,
Illinois, bearings and distances are based on the Illinois
Coordinate System, NAD 83(2011) East Zone, with a combination
factor of 0.9999373735, described as follows:
Commencing at the northwest corner of said Lot 11; thence
on an Illinois Coordinate System NAD 83(2011) East Zone bearing
of South 0 degrees 04 minutes 06 seconds East along the west
line of said Lot 11, a distance of 118.49 feet to the southwest
corner of special warranty deed recorded December 28, 2015 as
document number 2015R0047895, being also the northwest corner
of the grantor and the point of beginning; thence South 89
degrees 47 minutes 46 seconds East along the north line of the
grantor according to said special warranty deed, a distance of
33.20 feet; thence South 0 degrees 01 minute 47 seconds East, a
distance of 81.58 feet to the south line of said Lot 11; thence

North 89 degrees 48 minutes 02 seconds West along the south
line of said Lot 11, a distance of 33.14 feet to the southwest
corner of Lot 11; thence North 0 degrees 04 minutes 06 seconds
West along the west line of said Lot 11, a distance of 81.58
feet to the point of beginning.
Said parcel containing 0.062 acre, more or less.
***
That part of Lot 11 in Kaper's Business Center Unit 1,
being a subdivision of part of the West Half of the Southwest
Quarter of Section 29, Township 43 North, Range 8 East of the
Third Principal Meridian, according to the plat thereof
recorded June 4, 1997 as document number 97R025826, in McHenry
County, Illinois, bearings and distances are based on the
Illinois Coordinate System, NAD 83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Commencing at the northwest corner of said Lot 11; thence
on an Illinois Coordinate System NAD 83(2011) East Zone bearing
of South 0 degrees 04 minutes 06 seconds East along the west
line of said Lot 11, a distance of 118.49 feet to the southwest
corner of special warranty deed recorded December 28, 2015 as
document number 2015R0047895, being also the northwest corner
of the grantor; thence South 89 degrees 47 minutes 46 seconds

East along the north line of the grantor according to said
special warranty deed, a distance of 33.20 feet to the point of
beginning; thence South 0 degrees 01 minute 47 seconds East, a
distance of 81.58 feet to the south line of said Lot 11; thence
South 89 degrees 48 minutes 02 seconds East along the south
line of said Lot 11, a distance of 10.00 feet; thence North 0
degrees 01 minute 47 seconds West, a distance of 81.58 feet to
the north line of the grantor according to said special
warranty deed; thence North 89 degrees 47 minutes 46 seconds
West along the north line of the grantor according to said
special warranty deed, a distance of 10.00 feet to the point of
beginning.
Said temporary easement containing 0.019 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 2 in Randall Rolls Second Resubdivision,
being a resubdivision of Lots 2 and 3 of Randall Rolls
Resubdivision in the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said Randall Rolls
Second Resubdivision recorded June 7, 2001 as document number

2001R0038572, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System,
NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Beginning at the northwest corner of said Lot 2; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 58 minutes 44 seconds East along the north
line of said Lot 2, a distance of 23.38 feet; thence South 0
degrees 01 minute 47 seconds East, a distance of 145.25 feet to
the south line of said Lot 2; thence North 89 degrees 47
minutes 46 seconds West along the south line of said Lot 2, a
distance of 23.28 feet to the southwest corner of Lot 2; thence
North 0 degrees 04 minutes 06 seconds West along the west line
of said Lot 2, a distance of 145.17 feet (145.12 feet,
recorded) to the point of beginning.
Said parcel containing 0.078 acre, more or less.
***
That part of Lot 2 in Randall Rolls Second Resubdivision,
being a resubdivision of Lots 2 and 3 of Randall Rolls
Resubdivision in the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said Randall Rolls

Second Resubdivision recorded June 7, 2001 as document number
2001R0038572, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System,
NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Commencing at the northwest corner of said Lot 2; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 58 minutes 44 seconds East along the north
line of said Lot 2, a distance of 23.38 feet to the point of
beginning; thence South 0 degrees 01 minute 47 seconds East, a
distance of 145.25 feet to the south line of said Lot 2; thence
South 89 degrees 47 minutes 46 seconds East along the south
line of said Lot 2, a distance of 10.00 feet; thence North 0
degrees 01 minute 47 seconds West, a distance of 145.28 feet to
the north line of said Lot 2; thence North 89 degrees 58
minutes 44 seconds West along the north line of said Lot 2, a
distance of 10.00 feet to the point of beginning.
Said temporary easement containing 0.033 acre, more or
less.
Said temporary easement to be used for grading purposes.
***

That part of Lot 3 in Meijer Store #206 Subdivision, being
a resubdivision of part of Lot 6 in Eagle Commercial Center in
the Southeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat of
said Meijer #206 Subdivision recorded September 25, 2002 as
document number 2002R0084811, in McHenry County, Illinois,
bearings and distances are based on the Illinois Coordinate
System, NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Beginning at the southeast corner of said Lot 3; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 89 degrees 58 minute 47 seconds West along the south line
of said Lot 3, a distance of 8.02 feet; thence North 0 degrees
01 minute 47 seconds West, a distance of 190.10 feet; thence
South 89 degrees 58 minutes 13 seconds West, a distance of
60.00 feet; thence North 0 degrees 04 minutes 51 seconds West,
a distance of 20.21 feet to the north line of said Lot 3;
thence South 89 degrees 58 minutes 47 seconds East along the
north line of said Lot 3, a distance of 36.76 feet to the
northeasterly line of Lot 3; thence southeasterly 33.23 feet
(33.24 feet, recorded) along the northeasterly line of said Lot
3 on a curve to the right having a radius of 59.00 feet, the
chord of said curve bears South 73 degrees 49 minutes 27
seconds East, 32.79 feet to the east line of Lot 3; thence
South 0 degrees 01 minute 40 seconds West along the east line

of said Lot 3, a distance of 201.14 feet to the point of
beginning.
Said temporary easement containing 0.065 acre, more or
less.
Said temporary easement to be used for construction
purposes.
***
That part of Lot 1 in Randall Rolls Second Resubdivision,
being a resubdivision of Lots 2 and 3 of Randall Rolls
Resubdivision in the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said Randall Rolls
Second Resubdivision recorded June 7, 2001 as document number
2001R0038572, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System,
NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Beginning at the northwest corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 47 minutes 16 seconds East along the north
line of said Lot 1, a distance of 23.33 feet; thence southerly

69.10 feet along a curve to the right having a radius of
11550.00 feet, the chord of said curve bears South 0 degrees 12
minutes 04 seconds East, 69.10 feet to a point of tangency;
thence South 0 degrees 01 minute 47 seconds East, a distance of
162.89 feet to the south line of said Lot 1; thence North 89
degrees 58 minutes 44 seconds West along the south line of said
Lot 1, a distance of 23.28 feet to the southwest corner of Lot
1; thence North 0 degrees 04 minutes 06 seconds West along the
west line of said Lot 1, a distance of 232.06 feet (231.98
feet, recorded) to the point of beginning.
Said parcel containing 0.125 acre, more or less.
***
That part of Lot 1 in Randall Rolls Second Resubdivision,
being a resubdivision of Lots 2 and 3 of Randall Rolls
Resubdivision in the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said Randall Rolls
Second Resubdivision recorded June 7, 2001 as document number
2001R0038572, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System,
NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:

Commencing at the northwest corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 47 minutes 16 seconds East along the north
line of said Lot 1, a distance of 23.33 feet to the point of
beginning; thence southerly 69.10 feet along a curve to the
right having a radius of 11550.00 feet, the chord of said curve
bears South 0 degrees 12 minutes 04 seconds East, 69.10 feet to
a point of tangency; thence South 0 degrees 01 minute 47
seconds East, a distance of 162.89 feet to the south line of
said Lot 1; thence South 89 degrees 58 minutes 44 seconds East
along the south line of said Lot 1, a distance of 10.00 feet;
thence North 0 degrees 01 minute 47 seconds West, a distance of
231.95 feet to the north line of said Lot 1; thence North 89
degrees 47 minutes 16 seconds West along the north line of said
Lot 1, a distance of 10.21 feet to the point of beginning.
Said temporary easement containing 0.053 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 2 in Meijer Store #206 Subdivision, being
a resubdivision of part of Lot 6 in Eagle Commercial Center in
the Southeast Quarter of Section 30, Township 43 North, Range 8

East of the Third Principal Meridian, according to the plat of
said Meijer #206 Subdivision recorded September 25, 2002 as
document number 2002R0084811, in McHenry County, Illinois,
bearings and distances are based on the Illinois Coordinate
System, NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Beginning at the southeast corner of said Lot 2; thence
southwesterly 10.76 feet along the southeasterly line of said
Lot 2 on a curve to the right having a radius of 98.99 feet, the
chord of said curve bears on an Illinois Coordinate System NAD
83(2011) East Zone bearing of South 50 degrees 47 minute 09
seconds West, 10.76 feet; thence northerly 301.58 feet along a
curve to the left having a radius of 11370.00 feet, the chord
of said curve bears North 1 degree 00 minutes 14 seconds West,
301.57 feet to the northeasterly line of said Lot 2; thence
South 54 degrees 53 minutes 52 seconds East along the
northeasterly line of said Lot 2, a distance 14.75 feet to the
east line of Lot 2; thence southerly 286.24 feet along the east
line of said Lot 2 on a curve to the right having a radius of
31851.48 feet, the chord of said curve bears South 0 degrees 18
minutes 39 seconds East, 286.24 feet to the point of beginning.
Said parcel containing 0.066 acre, more or less.
***

That part of Lot 2 in Meijer Store #206 Subdivision, being
a resubdivision of part of Lot 6 in Eagle Commercial Center in
the Southeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat of
said Meijer #206 Subdivision recorded September 25, 2002 as
document number 2002R0084811, in McHenry County, Illinois,
bearings and distances are based on the Illinois Coordinate
System, NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Commencing at the southeast corner of said Lot 2; thence
southwesterly 22.96 feet along the southeasterly line of said
Lot 2 on a curve to the right having a radius of 98.99 feet, the
chord of said curve bears on an Illinois Coordinate System NAD
83(2011) East Zone bearing of South 54 degrees 18 minute 54
seconds West, 22.91 feet to the point of beginning; thence
southwesterly 50.16 feet along the southeasterly line of said
Lot 2 on a curve to the right having a radius of 98.99 feet, the
chord of said curve bears South 75 degrees 28 minutes 32
seconds West, 49.63 feet to the south line of Lot 2; thence
North 89 degrees 59 minutes 09 seconds West along the south
line of said Lot 2, a distance of 1.65 feet; thence North 0
degrees 04 minutes 51 seconds West, a distance of 12.19 feet;
thence North 89 degrees 42 minutes 18 seconds East, a distance
of 49.70 feet to the point of beginning.

Said temporary easement containing 0.010 acre, more or
less, or 418 square feet, more or less.
Said temporary easement to be used for construction
purposes.
***
That part of Lot 1 in Re-Subdivision of Lot 14 in Kaper's
Business Center Unit 2, being a resubdivision of Kaper's
Business Center Unit 2, being a subdivision of part of the West
Half of the Southwest Quarter of Section 29, Township 43 North,
Range 8 East of the Third Principal Meridian, according to the
plat of said Re-Subdivision of Lot 14 in Kaper's Business
Center Unit 2 recorded August 24, 2001 as document number
2001R0061761, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System,
NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Beginning at the southwest corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 1 degree 04 minutes 41 seconds West along the west line
of said Lot 1, a distance of 121.99 feet to a point of
curvature on said west line of Lot 1; thence northeasterly

47.12 feet (47.13 feet, recorded) along the northwesterly line
of said Lot 1 on a curve to the right having a radius of 30.00
feet, the chord of said curve bears North 43 degrees 55 minutes
08 seconds East, 42.42 feet to a point of tangency on the north
line of Lot 1; thence North 88 degrees 54 minutes 57 seconds
East along the north line of said Lot 1, a distance of 35.61
feet; thence South 43 degrees 53 minutes 35 seconds West, a
distance of 48.85 feet; thence southerly 117.43 feet along a
curve to the right having a radius of 11550.00 feet, the chord
of said curve bears South 1 degree 29 minutes 53 seconds East,
117.43 feet to the south line of said Lot 1; thence South 88
degrees 54 minutes 57 seconds West along the south line of said
Lot 1, a distance of 31.95 feet to the point of beginning.
Said parcel containing 0.119 acre, more or less.
***
That part of Lot 1 in Re-Subdivision of Lot 14 in Kaper's
Business Center Unit 2, being a resubdivision of Kaper's
Business Center Unit 2, being a subdivision of part of the West
Half of the Southwest Quarter of Section 29, Township 43 North,
Range 8 East of the Third Principal Meridian, according to the
plat of said Re-Subdivision of Lot 14 in Kaper's Business
Center Unit 2 recorded August 24, 2001 as document number
2001R0061761, in McHenry County, Illinois, bearings and

distances are based on the Illinois Coordinate System,
NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Commencing at the southwest corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 1 degree 04 minutes 41 seconds West along the west line
of said Lot 1, a distance of 121.99 feet to a point of
curvature on said west line of Lot 1; thence northeasterly
47.12 feet (47.13 feet, recorded) along the northwesterly line
of said Lot 1 on a curve to the right having a radius of 30.00
feet, the chord of said curve bears North 43 degrees 55 minutes
08 seconds East, 42.42 feet to a point of tangency on the north
line of Lot 1; thence North 88 degrees 54 minutes 57 seconds
East along the north line of said Lot 1, a distance of 35.61
feet; thence South 43 degrees 53 minutes 35 seconds West, a
distance of 27.90 feet to the point of beginning; thence
continuing South 43 degrees 53 minutes 35 seconds West, a
distance of 20.95 feet; thence southerly 117.43 feet along a
curve to the right having a radius of 11550.00 feet, the chord
of said curve bears South 1 degree 29 minutes 53 seconds East,
117.43 feet to the south line of said Lot 1; thence North 88
degrees 54 minutes 57 seconds East along the south line of said
Lot 1, a distance of 15.00 feet; thence northerly 132.25 feet
along a curve to the left having a radius of 11565.00 feet, the
chord of said curve bears North 1 degree 32 minutes 03 seconds

West, 132.25 feet to the point of beginning.
Said temporary easement containing 0.043 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 5 in Kaper's East Subdivision, being a
subdivision of the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded
February 28, 1989 as document number 89R005770, in McHenry
County, Illinois, bearings and distances are based on the
Illinois Coordinate System, NAD83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Beginning at the northwest corner of said Lot 5; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 88 degrees 54 minutes 55 seconds East along the north
line of said Lot 5, a distance of 28.15 feet; thence southerly
97.22 feet along a curve to the left having a radius of
11365.00 feet, the chord of said curve bears South 2 degrees 41
minutes 33 seconds East, 97.22 feet to a point of reverse
curvature; thence southerly 89.95 feet along a curve to the

right having a radius of 11555.00 feet, the chord of said curve
bears South 2 degrees 42 minutes 53 seconds East, 89.95 feet;
thence South 40 degrees 49 minutes 13 seconds East, a distance
of 48.27 feet to the south line of said Lot 5; thence South 88
degrees 54 minutes 57 seconds West along the south line of said
Lot 5, a distance of 34.32 feet to a point of curvature on said
south line of Lot 5; thence northwesterly 47.12 feet along the
southwesterly line of said Lot 5 on a curve to the right having
a radius of 30.00 feet, the chord of said curve bears North 46
degrees 04 minutes 52 seconds West, 42.43 feet to a point of
tangency on the west line of Lot 5; thence North 1 degree 04
minutes 41 seconds West along the west line of said Lot 5, a
distance of 194.21 feet (194.23 feet, recorded) to the point of
beginning.
Said parcel containing 0.169 acre, more or less.
***
That part of Lot 5 in Kaper's East Subdivision, being a
subdivision of the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded
February 28, 1989 as document number 89R005770, in McHenry
County, Illinois, bearings and distances are based on the
Illinois Coordinate System, NAD83(2011) East Zone, with a

combination factor of 0.9999373735, described as follows:
Commencing at the northwest corner of said Lot 5; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 88 degrees 54 minutes 55 seconds East along the north
line of said Lot 5, a distance of 28.15 feet to the point of
beginning; thence southerly 97.22 feet along a curve to the
left having a radius of 11365.00 feet, the chord of said curve
bears South 2 degrees 41 minutes 33 seconds East, 97.22 feet to
a point of reverse curvature; thence southerly 89.95 feet along
a curve to the right having a radius of 11555.00 feet, the
chord of said curve bears South 2 degrees 42 minutes 53 seconds
East, 89.95 feet; thence South 40 degrees 49 minutes 13 seconds
East, a distance of 16.11; thence northerly 102.66 feet along a
curve to the left having a radius of 11565.00 feet, the chord
of said curve bears North 2 degrees 41 minutes 00 seconds West,
102.66 feet to a point of reverse curvature; thence northerly
96.90 feet along a curve to the right having a radius of
11355.00 feet, the chord of said curve bears North 2 degrees 41
minutes 36 seconds West, 96.90 feet to the north line of said
Lot 5; thence South 88 degrees 54 minutes 55 seconds West along
the north line of said Lot 5, a distance of 10.00 feet to the
point of beginning.
Said temporary easement containing 0.044 acre, more or
less.

Said temporary easement to be used for grading purposes.
***
That part of Lot 4 in Kaper's East Subdivision, being a
subdivision of the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded
February 28, 1989 as document number 89R005770, in McHenry
County, Illinois, bearings and distances are based on the
Illinois Coordinate System, NAD83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Beginning at the northwest corner of said Lot 4; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 88 degrees 54 minutes 50 seconds East along the north
line of said Lot 4, a distance of 25.00 feet; thence southerly
225.01 feet along a curve to the left having a radius of
11365.00 feet, the chord of said curve bears South 1 degree 52
minutes 49 seconds East, 225.01 feet to the south line of said
Lot 4; thence South 88 degrees 54 minutes 55 seconds West along
the south line of said Lot 4, a distance of 28.15 feet to the
southwest corner of Lot 4; thence North 1 degree 04 minutes 41
seconds West along the west line of said Lot 4, a distance of
224.98 feet (225.00 feet, recorded) to the point of beginning.

Said parcel containing 0.135 acre, more or less.
***
That part of Lot 4 in Kaper's East Subdivision, being a
subdivision of the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded
February 28, 1989 as document number 89R005770, in McHenry
County, Illinois, bearings and distances are based on the
Illinois Coordinate System, NAD83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Commencing at the northwest corner of said Lot 4; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 88 degrees 54 minutes 50 seconds East along the north
line of said Lot 4, a distance of 25.00 feet to the point of
beginning; thence southerly 225.01 feet along a curve to the
left having a radius of 11365.00 feet, the chord of said curve
bears South 1 degree 52 minutes 49 seconds East, 225.01 feet to
the south line of said Lot 4; thence North 88 degrees 54
minutes 55 seconds East along the south line of said Lot 4, a
distance of 10.00 feet; thence northerly 225.01 feet along a
curve to the right having a radius of 11355.00 feet, the chord
of said curve bears North 1 degree 52 minutes 52 seconds West,

225.01 feet to the north line of said Lot 4; thence South 88
degrees 54 minutes 50 seconds West along the north line of said
Lot 4, a distance 10.00 feet to the point of beginning.
Said temporary easement containing 0.052 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 2 in Eagle Commercial Center, being a
resubdivision of Lot 3 in Kaper's West Subdivision, being a
subdivision of part of the East Half of the Southeast Quarter
of Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said Eagle
Commercial Center recorded November 4, 1993 as document number
93R067593, in McHenry County, Illinois, bearings and distances
are based on the Illinois Coordinate System, NAD83(2011) East
Zone, with a combination factor of 0.9999373735, described as
follows:
Beginning at the northeast corner of said Lot 2; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 1 degree 29 minutes 18 seconds East along the east line
of said Lot 2, a distance of 240.40 feet (240.45 feet,

recorded) to the southeast corner of Lot 2; thence South 88
degrees 53 minutes 44 seconds West along the south line of said
Lot 2, a distance of 38.09 feet; thence northerly 182.71 feet
along a curve to the right having a radius of 11545.00 feet,
the chord of said curve bears North 0 degrees 51 minutes 15
seconds West, 182.71 feet to a point of tangency; thence North
0 degrees 24 minutes 03 seconds West, a distance of 57.70 feet
to the north line of said Lot 2; thence North 88 degrees 54
minutes 00 seconds East along the north line of said Lot 2, a
distance of 34.97 feet to the point of beginning.
Said parcel containing 0.204 acre, more or less.
***
That part of Lot 2 in Eagle Commercial Center, being a
resubdivision of Lot 3 in Kaper's West Subdivision, being a
subdivision of part of the East Half of the Southeast Quarter
of Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said Eagle
Commercial Center recorded November 4, 1993 as document number
93R067593, in McHenry County, Illinois, bearings and distances
are based on the Illinois Coordinate System, NAD 83(2011) East
Zone, with a combination factor of 0.9999373735, described as
follows:

Commencing at the northeast corner of said Lot 2; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 1 degree 29 minutes 18 seconds East along the east line
of said Lot 2, a distance of 240.40 feet (240.45 feet,
recorded) to the southeast corner of Lot 2; thence South 88
degrees 53 minutes 44 seconds West along the south line of said
Lot 2, a distance of 38.09 feet to the point of beginning;
thence northerly 182.71 feet along a curve to the right having
a radius of 11545.00 feet, the chord of said curve bears North
0 degrees 51 minutes 15 seconds West, 182.71 feet to a point of
tangency; thence North 0 degrees 24 minutes 03 seconds West, a
distance of 57.70 feet to the north line of said Lot 2; thence
South 88 degrees 54 minutes 00 seconds West along the north
line of said Lot 2, a distance of 42.00 feet; thence South 0
degrees 24 minutes 03 seconds East, a distance of 7.88 feet;
thence North 89 degrees 35 minutes 57 seconds East, a distance
of 17.56 feet; thence South 32 degrees 28 minutes 48 seconds
East, a distance of 27.24 feet; thence southerly 209.06 feet
along a curve to the left having a radius of 11555.00 feet, the
chord of said curve bears South 0 degrees 47 minutes 21 seconds
East, 209.05 feet to the south line of said Lot 2; thence North
88 degrees 53 minutes 44 seconds East along the south line of
said Lot 2, a distance of 10.00 feet to the point of beginning.
Said temporary easement containing 0.065 acre, more or
less.

Said temporary easement to be used for grading purposes.
***
That part of Lot 3 in Kaper's East Subdivision, being a
subdivision of the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded
February 28, 1989 as document number 89R005770, in McHenry
County, Illinois, bearings and distances are based on the
Illinois Coordinate System, NAD83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Beginning at the northwest corner of said Lot 3; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 88 degrees 54 minutes 45 seconds East along the north
line of said Lot 3, a distance of 26.34 feet; thence South 0
degrees 24 minutes 03 seconds East, a distance of 54.02 feet to
a point of tangency; thence southerly 180.97 feet along a curve
to the left having a radius of 11365.00 feet, the chord of said
curve bears South 0 degrees 51 minutes 25 seconds East, 180.97
feet to the south line of said Lot 3; thence South 88 degrees
54 minutes 50 seconds West along the south line of said Lot 3,
a distance of 25.00 feet to the southwest corner of Lot 3;
thence North 1 degree 04 minutes 41 seconds West along the west

line of said Lot 3, a distance of 234.98 feet (235.00 feet,
recorded) to the point of beginning.
Said parcel containing 0.137 acre, more or less.
***
That part of Lot 3 in Kaper's East Subdivision, being a
subdivision of the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded
February 28, 1989 as document number 89R005770, in McHenry
County, Illinois, bearings and distances are based on the
Illinois Coordinate System, NAD83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Commencing at the northwest corner of said Lot 3; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 88 degrees 54 minutes 45 seconds East along the north
line of said Lot 3, a distance of 26.34 feet to the point of
beginning; thence South 0 degrees 24 minutes 03 seconds East, a
distance of 54.02 feet to a point of tangency; thence southerly
180.97 feet along a curve to the left having a radius of
11365.00 feet, the chord of said curve bears South 0 degrees 51
minutes 25 seconds East, 180.97 feet to the south line of said
Lot 3; thence North 88 degrees 54 minutes 50 seconds East along

the south line of said Lot 3, a distance of 10.00 feet; thence
northerly 180.85 feet along a curve to the right having a
radius of 11355.00 feet, the chord of said curve bears North 0
degrees 51 minutes 26 seconds West, 180.85 feet to a point of
tangency; thence North 0 degrees 24 minutes 03 seconds West, a
distance of 54.14 feet to the north line of said Lot 3; thence
South 88 degrees 54 minutes 45 seconds West along the north
line of said Lot 3, a distance of 10.00 feet to the point of
beginning.
Said temporary easement containing 0.054 acre, more or
less.
Said temporary easement to be used for grading and driveway
construction purposes.
***
That part of Lot 1, except that part conveyed the County of
McHenry, a body politic, by trustee's deed recorded April 7,
2003 as document number 2003R0044153, in River Pointe
Subdivision, being a resubdivision of Lots 1 and 6 in Kaper's
East Subdivision of the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said River Pointe
Subdivision recorded May 6, 1992 as document number 92R024749,

in McHenry County, Illinois, bearings and distances are based
on the Illinois Coordinate System, NAD83(2011) East Zone, with
a combination factor of 0.9999373735, described as follows:
Beginning at the southwest corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 1 degree 04 minutes 41 seconds West along the west line
of said Lot 1, a distance of 5.81 feet (5.86 feet, recorded) to
an angle point on said west line of Lot 1; thence North 1
degree 22 minutes 56 seconds West along the west line of said
Lot 1, a distance of 60.19 feet (60.15 feet, recorded) to a
north line of Lot 1; thence North 88 degrees 54 minutes 45
seconds East along a north line of said Lot 1, a distance of
32.44 feet; thence South 0 degrees 24 minutes 03 seconds East,
a distance of 66.00 feet to the south line of said Lot 1;
thence South 88 degrees 54 minutes 45 seconds West along the
south line of said Lot 1, a distance of 31.34 feet to the point
of beginning.
Said parcel containing 0.048 acre, more or less.
***
That part of Lot 1, except that part conveyed the County of
McHenry, a body politic, by trustee's deed recorded April 7,
2003 as document number 2003R0044153, in River Pointe

Subdivision, being a resubdivision of Lots 1 and 6 in Kaper's
East Subdivision of the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said River Pointe
Subdivision recorded May 6, 1992 as document number 92R024749,
in McHenry County, Illinois, bearings and distances are based
on the Illinois Coordinate System, NAD83(2011) East Zone, with
a combination factor of 0.9999373735, described as follows:
Beginning at the northeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 1 degree 06 minutes 06 seconds East along the east line
of said Lot 1, a distance of 37.18 feet; thence South 89
degrees 56 minutes 44 seconds West, a distance of 702.82 feet;
thence South 53 degrees 08 minutes 32 seconds West, a distance
of 69.22 feet; thence South 0 degrees 24 minutes 03 seconds
East, a distance of 188.86 feet to a south line of said Lot 1;
thence South 88 degrees 55 minutes 17 seconds West along a
south line of said Lot 1, a distance of 36.46 feet to the west
line of Lot 1; thence North 1 degree 22 minutes 56 seconds West
along the west line of said Lot 1, a distance of 169.25 feet to
the easterly right of way line of Randall Road recorded April
7, 2003 as document number 2003R0044153; thence North 11
degrees 32 minutes 05 seconds East along the said easterly
right of way line of Randall Road, a distance of 48.39 feet to
the southeasterly right of way line of Algonquin Road recorded

April 7, 2003 as document number 2003R0044153; thence North 53
degrees 08 minutes 32 seconds East along the said southeasterly
right of way line of Algonquin Road, a distance of 54.21 feet
to the south right of way line of said Algonquin Road; thence
South 89 degrees 54 minutes 57 seconds East along the said
south right of way line of Algonquin Road, a distance of 549.97
feet to an angle point on said south right of way line; thence
North 0 degrees 05 minutes 03 seconds East along said right of
way line, a distance of 20.71 feet (20.00 feet, recorded) to
the north line of said Lot 1; thence South 89 degrees 57
minutes 40 seconds East along the north line of said Lot 1, a
distance of 193.66 feet to the point of beginning.
Said parcel containing 0.609 acre, more or less.
***
That part of Lot 1, except that part conveyed the County of
McHenry, a body politic, by trustee's deed recorded April 7,
2003 as document number 2003R0044153, in River Pointe
Subdivision, being a resubdivision of Lots 1 and 6 in Kaper's
East Subdivision of the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said River Pointe
Subdivision recorded May 6, 1992 as document number 92R024749,
in McHenry County, Illinois, bearings and distances are based

on the Illinois Coordinate System, NAD83(2011) East Zone, with
a combination factor of 0.9999373735, described as follows:
Commencing at the southwest corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 1 degree 04 minutes 41 seconds West along the west line
of said Lot 1, a distance of 5.81 feet (5.86 feet, recorded) to
an angle point on said west line of Lot 1; thence North 1
degree 22 minutes 56 seconds West along the west line of said
Lot 1, a distance of 60.19 feet (60.15 feet, recorded) to a
north line of Lot 1; thence North 88 degrees 54 minutes 45
seconds East along a north line of said Lot 1, a distance of
32.44 feet to the point of beginning; thence South 0 degrees 24
minutes 03 seconds East, a distance of 66.00 feet to the south
line of said Lot 1; thence North 88 degrees 54 minutes 45
seconds East along the south line of said Lot 1, a distance of
35.00 feet; thence North 0 degrees 24 minutes 03 seconds West,
a distance of 66.00 feet to a north line of said Lot 1; thence
South 88 degrees 54 minutes 45 seconds West along a north line
of said Lot 1, a distance of 35.00 feet to the point of
beginning.
Said temporary easement containing 0.053 acre, more or
less.
Said temporary easement to be used for grading and driveway

construction purposes.
***
That part of Lot 1, except that part conveyed the County of
McHenry, a body politic, by trustee's deed recorded April 7,
2003 as document number 2003R0044153, in River Pointe
Subdivision, being a resubdivision of Lots 1 and 6 in Kaper's
East Subdivision of the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said River Pointe
Subdivision recorded May 6, 1992 as document number 92R024749,
in McHenry County, Illinois, bearings and distances are based
on the Illinois Coordinate System, NAD83(2011) East Zone, with
a combination factor of 0.9999373735, described as follows:
Commencing at the northeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 1 degree 06 minutes 06 seconds East along the east line
of said Lot 1, a distance of 37.18 feet; thence South 89
degrees 56 minutes 44 seconds West, a distance of 702.82 feet;
thence South 53 degrees 08 minutes 32 seconds West, a distance
of 56.79 feet to the point of beginning; thence continuing
South 53 degrees 08 minutes 32 seconds West, a distance of
12.43 feet; thence South 0 degrees 24 minutes 03 seconds East,
a distance of 188.86 feet to a south line of said Lot 1; thence

North 88 degrees 55 minutes 17 seconds East along a south line
of said Lot 1, a distance of 10.00 feet; thence North 0 degrees
24 minutes 03 seconds West, a distance of 196.12 feet to the
point of beginning.
Said temporary easement containing 0.044 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 1, except that part conveyed the County of
McHenry, a body politic, by trustee's deed recorded April 7,
2003 as document number 2003R0044153, in River Pointe
Subdivision, being a resubdivision of Lots 1 and 6 in Kaper's
East Subdivision of the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said River Pointe
Subdivision recorded May 6, 1992 as document number 92R024749,
in McHenry County, Illinois, bearings and distances are based
on the Illinois Coordinate System, NAD83(2011) East Zone, with
a combination factor of 0.9999373735, described as follows:
Commencing at the northeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of

South 1 degree 06 minutes 06 seconds East along the east line
of said Lot 1, a distance of 37.18 feet to the point of
beginning; thence South 89 degrees 56 minutes 44 seconds West,
a distance of 702.82 feet; thence South 53 degrees 08 minutes
32 seconds West, a distance of 33.38 feet; thence North 89
degrees 56 minutes 44 seconds East, a distance of 92.13 feet;
thence South 0 degrees 03 minutes 16 seconds East, a distance
of 15.00 feet; thence North 89 degrees 56 minutes 44 seconds
East, a distance of 106.31 feet; thence North 0 degrees 03
minutes 16 seconds West, a distance of 25.00 feet; thence North
89 degrees 56 minutes 44 seconds East, a distance of 174.66
feet; thence South 0 degrees 00 minutes 00 seconds East, a
distance of 15.00 feet; thence North 90 degrees 00 minutes 00
seconds East, a distance of 98.61 feet; thence North 0 degrees
00 minutes 00 seconds East, a distance of 15.09 feet; thence
North 89 degrees 56 minutes 44 seconds East, a distance of
184.92 feet; thence South 0 degrees 03 minutes 16 seconds East,
a distance of 25.00 feet; thence North 89 degrees 56 minutes 44
seconds East, a distance of 73.56 feet to the east line of said
Lot 1; thence North 1 degree 06 minutes 06 seconds West along
the east line of said Lot 1, a distance of 35.01 feet to the
point of beginning.
Said temporary easement containing 0.320 acre, more or
less.

Said temporary easement to be used for grading, parking lot
and driveway construction purposes.
***
That part of Lot 2 in Kaper's West Subdivision, being a
subdivision of the East Half of the Southeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded
August 6, 1992 as document number 92R042897, in McHenry County,
Illinois, bearings and distances are based on the Illinois
Coordinate System, NAD83(2011) East Zone, with a combination
factor of 0.9999373735, described as follows:
Beginning at the southeast corner of said Lot 2; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 88 degrees 53 minutes 12 seconds West along the south
line of said Lot 2, a distance of 33.84 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 287.36 feet
to the north line of said Lot 2; thence South 89 degrees 59
minutes 52 seconds East along the north line of said Lot 2, a
distance of 28.39 feet to the northeast corner of Lot 2; thence
South 1 degree 29 minutes 18 seconds East along the east line
of said Lot 2, a distance of 286.79 feet (286.85 feet,
recorded) to the point of beginning.

Said parcel containing 0.205 acre, more or less.
***
That part of Lot 2 in Kaper's West Subdivision, being a
subdivision of the East Half of the Southeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded
August 6, 1992 as document number 92R042897, in McHenry County,
Illinois, bearings and distances are based on the Illinois
Coordinate System, NAD83(2011) East Zone, with a combination
factor of 0.9999373735, described as follows:
Commencing at the southeast corner of said Lot 2; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 88 degrees 53 minutes 12 seconds West along the south
line of said Lot 2, a distance of 33.84 feet to the point of
beginning; thence North 0 degrees 24 minutes 03 seconds West, a
distance of 287.36 feet to the north line of said Lot 2; thence
North 89 degrees 59 minutes 52 seconds West along the north
line of said Lot 2, a distance of 40.00 feet; thence South 0
degrees 24 minutes 03 seconds East, a distance of 40.77 feet;
thence North 89 degrees 56 minutes 44 seconds East, a distance
of 30.00 feet; thence South 0 degrees 24 minutes 03 seconds
East, a distance of 227.38 feet; thence South 89 degrees 56
minutes 44 seconds West, a distance of 32.00 feet; thence South

0 degrees 24 minutes 03 seconds East, a distance of 20.03 feet
to the south line of said Lot 2; thence North 88 degrees 53
minutes 12 seconds East along the south line of said Lot 2, a
distance of 42.00 feet to the point of beginning.
Said temporary easement containing 0.109 acre, more or
less.
Said temporary easement to be used for grading and driveway
construction purposes.
***
That part of Lot 2 in Kaper's East Subdivision, being a
subdivision of the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded
February 28, 1989 as document number 89R005770, in McHenry
County, Illinois, bearings and distances are based on the
Illinois Coordinate System, NAD83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Beginning at the northwest corner of said Lot 2; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 88 degrees 55 minutes 17 seconds East along the north
line of said Lot 2, a distance of 36.46 feet; thence South 0

degrees 24 minutes 03 seconds East, a distance of 235.02 feet
to the south line of said Lot 2; thence South 88 degrees 54
minutes 45 seconds West along the south line of said Lot 2, a
distance of 32.44 feet to the southwest corner of Lot 2; thence
North 1 degree 22 minutes 56 seconds West along the west line
of said Lot 2, a distance of 235.01 feet to the point of
beginning.
Said parcel containing 0.186 acre, more or less.
***
That part of Lot 2 in Kaper's East Subdivision, being a
subdivision of the West Half of the Southwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded
February 28, 1989 as document number 89R005770, in McHenry
County, Illinois, bearings and distances are based on the
Illinois Coordinate System, NAD 83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Commencing at the northwest corner of said Lot 2; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 88 degrees 55 minutes 17 seconds East along the north
line of said Lot 2, a distance of 36.46 feet to the point of
beginning; thence South 0 degrees 24 minutes 03 seconds East, a

distance of 235.02 feet to the south line of said Lot 2; thence
North 88 degrees 54 minutes 45 seconds East along the south
line of said Lot 2, a distance of 35.00 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 19.81 feet;
thence South 89 degrees 35 minutes 57 seconds West, a distance
of 25.00 feet; thence North 0 degrees 24 minutes 03 seconds
West, a distance of 214.90 feet to the north line of said Lot
2; thence South 88 degrees 55 minutes 17 seconds West along the
north line of said Lot 2, a distance of 10.00 feet to the point
of beginning.
Said temporary easement containing 0.065 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 1, except that part of Lot 1 conveyed to
the County of McHenry by trustee's deed recorded July 24, 2000
as document number 2000R0039474 and also except that part of
Lot 1 conveyed to the County of McHenry by warranty deed
recorded April 10, 2008 as document number 2008R0020772, in
Montero's Subdivision, being a resubdivision of Lot 4 in Eagle
Commercial Center, a subdivision of the East Half of the
Southeast Quarter of Section 30, Township 43 North, Range 8

East of the Third Principal Meridian, according to the plat of
said Montero's Subdivision recorded February 1, 1996 as
document number 96R005406 and corrected by certificates of
correction recorded February 27, 1996 as document number
96R009437 and recorded March 20, 1996 as document number
96R013391, in McHenry County, Illinois, bearings and distances
are based on the Illinois Coordinate System, NAD83(2011) East
Zone, with a combination factor of 0.9999373735, described as
follows:
Commencing at the northeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 0 degrees 06 minutes 33 seconds East along the east line
of said Lot 1, a distance of 18.40 feet to the southerly right
of way line of Algonquin Road recorded July 24, 2000 as
document number 2000R0039474 and the point of beginning; thence
continuing South 0 degrees 06 minutes 33 seconds East along the
east line of said Lot 1, a distance of 15.16 feet to the
southerly right of way line of Algonquin Road recorded April
10, 2008 as document number 2008R0020772; thence North 85
degrees 46 minutes 02 seconds West along the said southerly
right of way line of Algonquin Road recorded as document number
2008R0020772, a distance of 161.94 feet (162.34 feet, recorded)
to the west line of said Lot 1; thence North 0 degrees 06
minutes 24 seconds West along the west line of said Lot 1, a
distance of 16.64 feet to the said southerly right of way line

of Algonquin Road recorded as document number 2000R0039474;
thence South 85 degrees 14 minutes 54 seconds East along the
said southerly right of way line of Algonquin Road recorded as
document number 2000R0039474, a distance of 162.06 feet (162.34
feet, recorded) to the point of beginning.
Said parcel containing 0.059 acre, more or less.
***
That part of Lot 1, except that part of Lot 1 conveyed to
the County of McHenry by trustee's deed recorded July 24, 2000
as document number 2000R0039474 and also except that part of
Lot 1 conveyed to the County of McHenry by warranty deed
recorded April 10, 2008 as document number 2008R0020772, in
Montero's Subdivision, being a resubdivision of Lot 4 in Eagle
Commercial Center, a subdivision of the East Half of the
Southeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat of
said Montero's Subdivision recorded February 1, 1996 as
document number 96R005406 and corrected by certificates of
correction recorded February 27, 1996 as document number
96R009437 and recorded March 20, 1996 as document number
96R013391, in McHenry County, Illinois, bearings and distances
are based on the Illinois Coordinate System, NAD83(2011) East
Zone, with a combination factor of 0.9999373735, described as

follows:
Commencing at the northeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 0 degrees 06 minutes 33 seconds East along the east line
of said Lot 1, a distance of 33.56 feet to the south right of
way line of Algonquin Road recorded April 10, 2008 as document
number 2008R0020772 and the point of beginning; thence
continuing South 0 degrees 06 minutes 33 seconds East along the
east line of said Lot 1, a distance of 8.97 feet; thence South
89 degrees 56 minutes 44 seconds West, a distance of 161.48
feet to the west line of said Lot 1; thence North 0 degrees 06
minutes 24 seconds West along the west line of said Lot 1, a
distance of 6.14 feet to the said south right of way line of
Algonquin Road; thence North 88 degrees 56 minutes 36 seconds
East along the said south right of way line of Algonquin Road,
a distance of 161.50 feet (161.22 feet, recorded) to the point
of beginning;
Said parcel containing 0.028 acre, more or less.
***
That part of Lot 1, except that part of Lot 1 conveyed to
the County of McHenry by trustee's deed recorded July 24, 2000
as document number 2000R0039474 and also except that part of

Lot 1 conveyed to the County of McHenry by warranty deed
recorded April 10, 2008 as document number 2008R0020772, in
Montero's Subdivision, being a resubdivision of Lot 4 in Eagle
Commercial Center, a subdivision of the East Half of the
Southeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat of
said Montero's Subdivision recorded February 1, 1996 as
document number 96R005406 and corrected by certificates of
correction recorded February 27, 1996 as document number
96R009437 and recorded March 20, 1996 as document number
96R013391, in McHenry County, Illinois, bearings and distances
are based on the Illinois Coordinate System, NAD83(2011) East
Zone, with a combination factor of 0.9999373735, described as
follows:
Commencing at the northeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 0 degrees 06 minutes 33 seconds East along the east line
of said Lot 1, a distance of 33.56 feet to the south right of
way line of Algonquin Road recorded April 10, 2008 as document
number 2008R0020772; thence continuing South 0 degrees 06
minutes 33 seconds East along the east line of said Lot 1, a
distance of 8.97 feet to the point of beginning; thence South
89 degrees 56 minutes 44 seconds West, a distance of 161.48
feet to the west line of said Lot 1; thence South 0 degrees 06
minutes 24 seconds East along the west line of said Lot 1, a

distance of 12.00 feet; thence North 89 degrees 56 minutes 44
seconds East, a distance of 161.48 feet to the east line of
said Lot 1; thence North 0 degrees 06 minutes 33 seconds West
along the east line of said Lot 1, a distance of 12.00 feet to
the point of beginning;
Said temporary easement containing 0.044 acre, more or
less.
Said temporary easement to be used for grading and driveway
construction purposes.
***
That part of Lot 1 in Resubdivision of Lot 1 - Eagle
Commercial Center, being a subdivision of part of the East Half
of the Southeast Quarter of Section 30, Township 43 North,
Range 8 East of the Third Principal Meridian, according to the
plat thereof recorded November 30, 1995 as document number
95R052639 and corrected by affidavits recorded July 11, 1996 as
document number 96R035878 and recorded December 17, 1996 as
document number 96R063597, in McHenry County, Illinois,
bearings and distances are based on the Illinois Coordinate
System, NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:

Beginning at the northeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 0 degrees 58 minutes 48 seconds East along the east line
of said Lot 1, a distance of 28.90 feet; thence South 89
degrees 56 minutes 44 seconds West, a distance of 94.33 feet;
thence South 0 degrees 00 minutes 00 seconds East, a distance
of 6.41 feet; thence North 90 degrees 00 minutes 00 seconds
West, a distance of 69.42 feet; thence North 0 degrees 00
minutes 00 seconds East, a distance of 15.17 feet; thence South
89 degrees 11 minutes 30 seconds West, a distance 216.28 feet
to the west line of said Lot 1; thence North 1 degree 30
minutes 47 seconds West along the west line of said Lot 1, a
distance of 23.35 feet to the northwest corner of Lot 1; thence
South 89 degrees 59 minutes 28 seconds East along the north
line of said Lot 1, a distance of 380.14 feet (380.19 feet,
recorded) to the point of beginning.
Said parcel containing 0.227 acre, more or less.
***
That part of Lot 1 in Resubdivision of Lot 1 - Eagle
Commercial Center, being a subdivision of part of the East Half
of the Southeast Quarter of Section 30, Township 43 North,
Range 8 East of the Third Principal Meridian, according to the
plat thereof recorded November 30, 1995 as document number

95R052639 and corrected by affidavits recorded July 11, 1996 as
document number 96R035878 and recorded December 17, 1996 as
document number 96R063597, in McHenry County, Illinois,
bearings and distances are based on the Illinois Coordinate
System, NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Commencing at the northeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 0 degrees 58 minutes 48 seconds East along the east line
of said Lot 1, a distance of 28.90 feet to the point of
beginning; thence South 89 degrees 56 minutes 44 seconds West,
a distance of 94.33 feet; thence South 0 degrees 00 minutes 00
seconds East, a distance of 6.41 feet; thence North 90 degrees
00 minutes 00 seconds West, a distance of 69.42 feet; thence
North 0 degrees 00 minutes 00 seconds East, a distance of 15.17
feet; thence South 89 degrees 11 minutes 30 seconds West, a
distance 216.28 feet to the west line of said Lot 1; thence
South 1 degree 30 minutes 47 seconds East along the west line
of said Lot 1, a distance of 56.12 feet; thence North 90
degrees 00 minutes 00 seconds East, a distance of 34.77 feet;
thence North 0 degrees 03 minutes 16 seconds West, a distance
of 30.16 feet; thence North 89 degrees 56 minutes 44 seconds
East, a distance of 344.13 feet to the east line of said Lot 1;
thence North 0 degrees 58 minutes 48 seconds West along the
east line of said Lot 1, a distance of 20.00 feet to the point

of beginning.
Said temporary easement containing 0.225 acre, more or
less.
Said temporary easement to be used for grading and parking
lot construction purposes.
***
That part of Lot 1, except that part of Lot 1 conveyed to
the County of McHenry by special warranty deed recorded
February 26, 2001 as document number 2001R0010880, in Kaper's
West Subdivision, being a subdivision of the East Half of the
Southeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat
thereof recorded August 6, 1992 as document number 92R042897,
in McHenry County, Illinois, bearings and distances are based
on the Illinois Coordinate System, NAD83(2011) East Zone, with
a combination factor of 0.9999373735, described as follows:
Beginning at the southeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 89 degrees 59 minutes 52 seconds West along the south
line of said Lot 1, a distance of 28.39 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 144.19 feet;

thence North 41 degrees 13 minutes 58 seconds West, a distance
of 76.89 feet; thence South 89 degrees 56 minutes 44 seconds
West, a distance of 133.22 feet to the west line of said Lot 1;
thence North 1 degree 29 minutes 39 seconds West along the west
line of said Lot 1, a distance of 8.05 feet to the south right
of way line of Algonquin Road recorded February 26, 2001 as
document number 2001R0010880; thence South 89 degrees 59
minutes 28 seconds East along the said south right of way line
of Algonquin Road, a distance of 152.35 feet (152.37 feet,
recorded) to the northeasterly line of said Lot 1; thence South
42 degrees 40 minutes 15 seconds East along the northeasterly
line of said Lot 1, a distance of 84.56 feet to the east line of
Lot 1; thence South 1 degree 29 minutes 18 seconds East along
the east line of said Lot 1, a distance of 147.77 feet (147.80
feet, recorded) to the point of beginning.
Said parcel containing 0.154 acre, more or less.
***
That part of Lot 1, except that part of Lot 1 conveyed to
the County of McHenry by special warranty deed recorded
February 26, 2001 as document number 2001R0010880, in Kaper's
West Subdivision, being a subdivision of the East Half of the
Southeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat

thereof recorded August 6, 1992 as document number 92R042897,
in McHenry County, Illinois, bearings and distances are based
on the Illinois Coordinate System, NAD83(2011) East Zone, with
a combination factor of 0.9999373735, described as follows:
Commencing at the southeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 89 degrees 59 minutes 52 seconds West along the south
line of said Lot 1, a distance of 28.39 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 144.19 feet;
thence North 41 degrees 13 minutes 58 seconds West, a distance
of 55.46 feet to the point of beginning; thence continuing
North 41 degrees 13 minutes 58 seconds West, a distance of
21.43 feet; thence South 89 degrees 56 minutes 44 seconds West,
a distance of 133.22 feet to the west line of said Lot 1;
thence South 1 degree 29 minutes 39 seconds East along the west
line of said Lot 1, a distance of 12.56 feet; thence North 89
degrees 56 minutes 44 seconds East, a distance of 125.35 feet
to a point of curvature; thence easterly 10.22 feet along a
curve to the right having a radius of 48.02 feet, the chord of
said curve bears South 83 degrees 57 minutes 29 seconds East,
10.20 feet to a point of tangency; thence South 77 degrees 51
minutes 42 seconds East, a distance of 11.78 feet to the point
of beginning.
Said permanent easement containing 0.041 acre, more or

less.
Said permanent easement to be used for highway purposes.
***
That part of Lot 1, except that part of Lot 1 conveyed to
the County of McHenry by special warranty deed recorded
February 26, 2001 as document number 2001R0010880, in Kaper's
West Subdivision, being a subdivision of the East Half of the
Southeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat
thereof recorded August 6, 1992 as document number 92R042897,
in McHenry County, Illinois, bearings and distances are based
on the Illinois Coordinate System, NAD83(2011) East Zone, with
a combination factor of 0.9999373735, described as follows:
Commencing at the southeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 89 degrees 59 minutes 52 seconds West along the south
line of said Lot 1, a distance of 28.39 feet to the point of
beginning; thence North 0 degrees 24 minutes 03 seconds West, a
distance of 144.19 feet; thence North 41 degrees 13 minutes 58
seconds West, a distance of 15.29 feet; thence South 0 degrees
24 minutes 03 seconds East, a distance of 106.76 feet; thence
South 89 degrees 56 minutes 44 seconds West, a distance of

30.00 feet; thence South 0 degrees 24 minutes 03 seconds East,
a distance of 48.90 feet to the south line of said Lot 1;
thence South 89 degrees 59 minutes 52 seconds East along the
south line of said Lot 1, a distance of 40.00 feet to the point
of beginning.
Said temporary easement containing 0.068 acre, more or
less.
Said temporary easement to be used for grading and driveway
construction purposes.
***
That part of Lot 1, except that part of Lot 1 conveyed to
the County of McHenry by special warranty deed recorded
February 26, 2001 as document number 2001R0010880, in Kaper's
West Subdivision, being a subdivision of the East Half of the
Southeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat
thereof recorded August 6, 1992 as document number 92R042897,
in McHenry County, Illinois, bearings and distances are based
on the Illinois Coordinate System, NAD83(2011) East Zone, with
a combination factor of 0.9999373735, described as follows:
Commencing at the southeast corner of said Lot 1; thence on

an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 89 degrees 59 minutes 52 seconds West along the south
line of said Lot 1, a distance of 28.39 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 144.19 feet;
thence North 41 degrees 13 minutes 58 seconds West, a distance
of 49.56 feet to the point of beginning; thence South 89
degrees 56 minutes 44 seconds West, a distance of 150.69 feet
to the west line of said Lot 1; thence North 1 degree 29
minutes 39 seconds West along the west line of said Lot 1, a
distance of 8.01 feet; thence North 89 degrees 56 minutes 44
seconds East, a distance of 125.35 feet to a point of
curvature; thence easterly 10.22 feet along a curve to the
right having a radius of 48.02 feet, the chord of said curve
bears South 83 degrees 57 minutes 29 seconds East, 10.20 feet
to a point of tangency; thence South 77 degrees 51 minutes 42
seconds East, a distance of 11.78 feet; thence South 41 degrees
13 minutes 58 seconds East, a distance of 5.90 feet to the
point of beginning.
Said temporary easement containing 0.027 acre, more or
less.
Said temporary easement to be used for construction
purposes.
***

That part of Lot 1 in Oakridge Business Center, being a
resubdivision of Lot 7 and that part of vacated Crystal Lake
Road adjacent to said Lot 7 lying North of the south line
extended East, in Kaper's East Subdivision, being a subdivision
of the West Half of the Southwest Quarter of Section 29,
Township 43 North, Range 8 East of the Third Principal
Meridian, according to the plat of said Oakridge Business
Center recorded September 15, 1998 as document number
1998R0061102, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System,
NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Beginning at the northwest corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 57 minutes 40 seconds East along the north
line of said Lot 1, a distance of 177.11 feet (177.13 feet,
recorded) to the northeast corner of Lot 1; thence South 0
degrees 01 minute 48 seconds West along the east line of said
Lot 1, a distance of 21.88 feet; thence South 89 degrees 56
minutes 44 seconds West, a distance of 176.67 feet to the west
line of said Lot 1; thence North 1 degree 06 minutes 06 seconds
West along the west line of said Lot 1, a distance of 22.18
feet to the point of beginning.

Said parcel containing 0.089 acre, more or less.
***
That part of Lot 1 in Oakridge Business Center, being a
resubdivision of Lot 7 and that part of vacated Crystal Lake
Road adjacent to said Lot 7 lying North of the south line
extended East, in Kaper's East Subdivision, being a subdivision
of the West Half of the Southwest Quarter of Section 29,
Township 43 North, Range 8 East of the Third Principal
Meridian, according to the plat of said Oakridge Business
Center recorded September 15, 1998 as document number
1998R0061102, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System,
NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Commencing at the northwest corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 57 minutes 40 seconds East along the north
line of said Lot 1, a distance of 177.11 feet (177.13 feet,
recorded) to the northeast corner of Lot 1; thence South 0
degrees 01 minute 48 seconds West along the east line of said
Lot 1, a distance of 21.88 feet to the point of beginning;
thence South 89 degrees 56 minutes 44 seconds West, a distance
of 176.67 feet to the west line of said Lot 1; thence South 1

degree 06 minutes 06 seconds East along the west line of said
Lot 1, a distance of 6.86 feet; thence North 90 degrees 00
minutes 00 seconds East, a distance of 145.33 feet; thence
South 0 degrees 00 minutes 00 seconds East, a distance of 25.00
feet; thence North 90 degrees 00 minutes 00 seconds East, a
distance of 31.19 feet to the east line of said Lot 1; thence
North 0 degrees 01 minutes 48 seconds East along the east line
of said Lot 1, a distance of 32.02 feet to the point of
beginning.
Said temporary easement containing 0.046 acre, more or
less.
Said temporary easement to be used for grading and parking
lot construction purposes.
***
That part of Lot 2 in Oakridge Business Center, being a
resubdivision of Lot 7 and that part of vacated Crystal Lake
Road adjacent to said Lot 7 lying North of the south line
extended East, in Kaper's East Subdivision, being a subdivision
of the West Half of the Southwest Quarter of Section 29,
Township 43 North, Range 8 East of the Third Principal
Meridian, according to the plat of said Oakridge Business
Center recorded September 15, 1998 as document number

1998R0061102, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System,
NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Beginning at the northeast corner of said Lot 2; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 0 degrees 01 minute 46 seconds West along the east line
of said Lot 2, a distance of 21.65 feet; thence South 89
degrees 56 minutes 44 seconds West, a distance of 140.68 feet
to the west line of said Lot 2; thence North 0 degrees 01
minute 48 seconds East along the west line of said Lot 2, a
distance of 21.88 feet to the northwest corner of Lot 2; thence
South 89 degrees 57 minutes 40 seconds East along the north
line of said Lot 2, a distance of 140.68 feet (140.70 feet,
recorded) to the point of beginning.
Said parcel containing 0.070 acre, more or less.
***
That part of Lot 2 in Oakridge Business Center, being a
resubdivision of Lot 7 and that part of vacated Crystal Lake
Road adjacent to said Lot 7 lying North of the south line
extended East, in Kaper's East Subdivision, being a subdivision
of the West Half of the Southwest Quarter of Section 29,

Township 43 North, Range 8 East of the Third Principal
Meridian, according to the plat of said Oakridge Business
Center recorded September 15, 1998 as document number
1998R0061102, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System,
NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Commencing at the northeast corner of said Lot 2; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 0 degrees 01 minute 46 seconds West along the east line
of said Lot 2, a distance of 21.65 feet; thence South 89
degrees 56 minutes 44 seconds West, a distance of 67.72 feet to
the point of beginning; thence South 0 degrees 00 minutes 00
seconds East, a distance of 32.10 feet; thence North 90 degrees
00 minutes 00 seconds West, a distance of 72.98 feet to the
west line of said Lot 2; thence North 0 degrees 01 minute 48
seconds East along the west line of said Lot 2, a distance of
32.02 feet; thence North 89 degrees 56 minutes 44 seconds East,
a distance of 72.96 feet to the point of beginning.
Said temporary easement containing 0.054 acre, more or
less.
Said temporary easement to be used for grading, driveway
and parking lot construction.

***
That part of Lot 3 in Oakridge Business Center, being a
resubdivision of Lot 7 and that part of vacated Crystal Lake
Road adjacent to said Lot 7 lying North of the south line
extended East, in Kaper's East Subdivision, being a subdivision
of the West Half of the Southwest Quarter of Section 29,
Township 43 North, Range 8 East of the Third Principal
Meridian, according to the plat of said Oakridge Business
Center recorded September 15, 1998 as document number
1998R0061102, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System,
NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Beginning at the northeast corner of said Lot 3; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 1 degree 42 minutes 22 seconds West along the east line
of said Lot 3, a distance of 21.36 feet; thence South 89
degrees 56 minutes 44 seconds West, a distance of 183.76 feet
to the west line of said Lot 3; thence North 0 degrees 01
minute 46 seconds East along the west line of said Lot 3, a
distance of 21.65 feet to the northwest corner of Lot 3; thence
South 89 degrees 57 minutes 40 seconds East along the north
line of said Lot 3, a distance of 184.38 feet (184.40 feet,

recorded) to the point of beginning.
Said parcel containing 0.091 acre, more or less.
***
That part of Lot 3 in Oakridge Business Center, being a
resubdivision of Lot 7 and that part of vacated Crystal Lake
Road adjacent to said Lot 7 lying North of the south line
extended East, in Kaper's East Subdivision, being a subdivision
of the West Half of the Southwest Quarter of Section 29,
Township 43 North, Range 8 East of the Third Principal
Meridian, according to the plat of said Oakridge Business
Center recorded September 15, 1998 as document number
1998R0061102, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Commencing at the northeast corner of said Lot 3; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 1 degree 42 minutes 22 seconds West along the east line
of said Lot 3, a distance of 21.36 feet to the point of
beginning; thence South 89 degrees 56 minutes 44 seconds West,
a distance of 67.41 feet; thence South 0 degrees 03 minutes 16
seconds East, a distance of 59.60 feet; thence North 89 degrees

56 minutes 44 seconds East, a distance of 24.76 feet; thence
South 0 degrees 03 minutes 16 seconds East, a distance of
143.35 feet; thence North 89 degrees 56 minutes 44 seconds
East, a distance of 36.42 feet to the east line of said Lot 3;
thence North 1 degree 42 minutes 22 seconds East along the east
line of said Lot 3, a distance of 203.05 feet to the point of
beginning.
Said temporary easement containing 0.218 acre, more or
less.
Said temporary easement to be used for grading and driveway
construction purposes.
***
That part of the Southeast Quarter of the Northeast Quarter
of Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System,
NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Commencing at a point on the west right of way line of
Randall Road recorded October 31, 1969 as document number
516648, said point being 1979.91 feet (1980.02 feet, recorded)

South of the north line of the Northeast Quarter of said
Section 30, being also the southeast corner of Lot 1 in Govnors
Subdivision, according to the plat thereof recorded March 20,
2001 as document number 2001R0016624; thence on an Illinois
Coordinate System NAD 83(2011) East Zone bearing of South 89
degrees 40 minutes 50 seconds West along the south line of Lot
1 in said Govnors Subdivision, a distance of 502.96 feet to a
point of intersection with the Northerly extension of the east
line of a special warranty deed recorded October 16, 2001 as
document 2001R0077343; thence South 0 degrees 15 minutes 16
seconds East along the east line of said special warranty deed
and along the Northerly extension thereof, a distance of 567.70
feet to the point of beginning; thence continuing South 0
degrees 15 minutes 16 seconds East along the east line of the
grantor according to said special warranty deed, a distance of
20.08 feet to the north right of way line of Algonquin Road
recorded August 20, 1999 as document number 1999R0059231;
thence South 89 degrees 38 minutes 26 seconds West along the
said north right of way line of Algonquin Road, a distance of
318.62 feet to the northerly right of way line of Algonquin
Road recorded November 16, 2006 as document number
2006R0084532; thence North 87 degrees 05 minutes 48 seconds
West along the said northerly right of way line of Algonquin
Road, a distance of 173.29 feet (172.76 feet, recorded) to the
west line of the grantor according to said special warranty
deed; thence North 0 degrees 07 minutes 52 seconds East along

the west line of the grantor according to said special warranty
deed, a distance of 12.84 feet; thence North 89 degrees 56
minutes 44 seconds East, a distance of 491.57 feet to the point
of beginning.
Said parcel containing 0.222 acre, more or less.
***
That part of the Southeast Quarter of the Northeast Quarter
of Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System,
NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Commencing at a point on the west right of way line of
Randall Road recorded October 31, 1969 as document number
516648, said point being 1979.91 feet (1980.02 feet, recorded)
South of the north line of the Northeast Quarter of said
Section 30, being also the southeast corner of Lot 1 in Govnors
Subdivision, according to the plat thereof recorded March 20,
2001 as document number 2001R0016624; thence on an Illinois
Coordinate System NAD 83(2011) East Zone bearing of South 89
degrees 40 minutes 50 seconds West along the south line of Lot
1 in said Govnors Subdivision, a distance of 502.96 feet to a

point of intersection with the Northerly extension of the east
line of a special warranty deed recorded October 16, 2001 as
document 2001R0077343; thence South 0 degrees 15 minutes 16
seconds East along the east line of said special warranty deed
and along the Northerly extension thereof, a distance of 587.78
feet to the north right of way line of Algonquin Road recorded
August 20, 1999 as document number 1999R0059231; thence South
89 degrees 38 minutes 26 seconds West along the said north
right of way line of Algonquin Road, a distance of 318.62 feet
to the northerly right of way line of Algonquin Road recorded
November 16, 2006 as document number 2006R0084532; thence North
87 degrees 05 minutes 48 seconds West along the said northerly
right of way line of Algonquin Road, a distance of 173.29 feet
(172.76 feet, recorded) to the west line of the grantor
according to said special warranty deed; thence North 0 degrees
07 minutes 52 seconds East along the west line of the grantor
according to said special warranty deed, a distance of 12.84
feet; thence North 89 degrees 56 minutes 44 seconds East, a
distance of 335.39 feet to the point of beginning; thence
continuing North 89 degrees 56 minutes 44 seconds East, a
distance of 120.00 feet; thence North 0 degrees 03 minutes 16
seconds West, a distance of 50.00 feet; thence South 89 degrees
56 minutes 44 seconds West, a distance of 120.00 feet; thence
South 0 degrees 03 minutes 16 seconds East, a distance of 50.00
feet to the point of beginning.

Said temporary easement containing 0.138 acre, more or
less.
Said temporary easement to be used for grading and driveway
construction purposes.
***
That part of the Southeast Quarter of the Northeast Quarter
of Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Beginning at a point on the west right of way line of
Randall Road recorded October 31, 1969 as document number
516648, said point being 1979.91 feet (1980.02 feet, recorded)
South of the north line of the Northeast Quarter of said
Section 30, being also the southeast corner of Lot 1 in Govnors
Subdivision, according to the plat thereof recorded March 20,
2001 as document number 2001R0016624 and the northeast corner
of trustee's deed and deed in trust recorded October 17, 1994
as document number 94R059510; thence on an Illinois Coordinate
System NAD 83(2011) East Zone bearing of South 0 degrees 23
minutes 56 seconds East along the said west right of way line

of Randall Road, a distance of 542.00 feet to the northwesterly
right of way line of Algonquin Road according to Judgment
Order, Case Number 00 ED 9, filed April 22, 2003 in the Circuit
Court of the Nineteenth Judicial Circuit, McHenry County,
Illinois; thence South 63 degrees 24 minutes 49 seconds West
along the said northwesterly right of way line of Algonquin
Road, a distance of 82.45 feet (82.05 feet, recorded) to the
north right of way line of Algonquin Road; thence South 89
degrees 38 minutes 26 seconds West along the north right of way
line of Algonquin Road according to said Judgment Order, Case
Number 00 ED 9, a distance of 161.98 feet to an angle point on
said north right of way line; thence South 0 degrees 21 minutes
34 seconds East, a distance of 9.00 feet to an angle point on
the north right of way line of Algonquin Road; thence South 89
degrees 38 minutes 26 seconds West along the north right of way
line of Algonquin Road according to said Judgment Order, Case
Number 00 ED 9, a distance of 268.47 feet to west line of the
grantor according to said trustee's deed and deed in trust
recorded October 17, 1994 as document number 94R059510; thence
North 0 degrees 15 minutes 16 seconds West along the west line
of the grantor according to said trustee's deed and deed in
trust, a distance of 18.08 feet; thence North 89 degrees 56
minutes 44 seconds East, a distance of 228.82 feet; thence
North 0 degrees 03 minutes 16 seconds West, a distance of 3.00
feet; thence North 89 degrees 56 minutes 44 seconds East, a
distance of 191.00 feet; thence North 0 degrees 03 minutes 16

seconds West, a distance of 16.00 feet; thence North 89 degrees
56 minutes 44 seconds East, a distance of 29.00 feet; thence
North 42 degrees 08 minutes 13 seconds East, a distance of
26.57 feet; thence North 0 degrees 24 minutes 03 seconds West,
a distance of 395.00 feet; thence North 89 degrees 35 minutes
57 seconds East, a distance of 17.00 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 138.15 feet
to the north line of the grantor according to said trustee's
deed and deed in trust; thence North 89 degrees 40 minutes 50
seconds East along the north line of the grantor according to
said trustee's deed and deed in trust, a distance of 20.53 feet
to the point of beginning.
Said parcel containing 0.591 acre, more or less.
***
That part of the Southeast Quarter of the Northeast Quarter
of Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Commencing at a point on the west right of way line of
Randall Road recorded October 31, 1969 as document number

516648, said point being 1979.91 feet (1980.02 feet, recorded)
South of the north line of the Northeast Quarter of said
Section 30, being also the southeast corner of Lot 1 in Govnors
Subdivision, according to the plat thereof recorded March 20,
2001 as document number 2001R0016624 and the northeast corner
of trustee's deed and deed in trust recorded October 17, 1994
as document number 94R059510; thence on an Illinois Coordinate
System NAD 83(2011) East Zone bearing of South 0 degrees 23
minutes 56 seconds East along the said west right of way line
of Randall Road, a distance of 542.00 feet to the northwesterly
right of way line of Algonquin Road according to Judgment
Order, Case Number 00 ED 9, filed April 22, 2003 in the Circuit
Court of the Nineteenth Judicial Circuit, McHenry County,
Illinois; thence South 63 degrees 24 minutes 49 seconds West
along the said northwesterly right of way line of Algonquin
Road, a distance of 82.45 feet (82.05 feet, recorded) to the
north right of way line of Algonquin Road; thence South 89
degrees 38 minutes 26 seconds West along the north right of way
line of Algonquin Road according to said Judgment Order, Case
Number 00 ED 9, a distance of 161.98 feet to an angle point on
said north right of way line; thence South 0 degrees 21 minutes
34 seconds East, a distance of 9.00 feet to an angle point on
the north right of way line of Algonquin Road; thence South 89
degrees 38 minutes 26 seconds West along the north right of way
line of Algonquin Road according to said Judgment Order, Case
Number 00 ED 9, a distance of 268.47 feet to west line of the

grantor according to said trustee's deed and deed in trust
recorded October 17, 1994 as document number 94R059510; thence
North 0 degrees 15 minutes 16 seconds West along the west line
of the grantor according to said trustee's deed and deed in
trust, a distance of 18.08 feet; thence North 89 degrees 56
minutes 44 seconds East, a distance of 183.82 feet to the point
of beginning; thence continuing North 89 degrees 56 minutes 44
seconds East, a distance of 45.00 feet; thence North 0 degrees
03 minutes 16 seconds West, a distance of 3.00 feet; thence
North 89 degrees 56 minutes 44 seconds East, a distance of 9.00
feet; thence North 0 degrees 03 minutes 16 seconds West, a
distance of 19.00 feet; thence South 89 degrees 56 minutes 44
seconds West, a distance of 54.00 feet; thence South 0 degrees
03 minutes 16 seconds East, a distance of 22.00 feet to the
point of beginning.
Said temporary easement containing 0.027 acre, more or
less.
Said temporary easement to be used for driveway
construction purposes.
***
That part of the Southeast Quarter of the Northeast Quarter
of Section 30, Township 43 North, Range 8 East of the Third

Principal Meridian, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Commencing at a point on the west right of way line of
Randall Road recorded October 31, 1969 as document number
516648, said point being 1979.91 feet (1980.02 feet, recorded)
South of the north line of the Northeast Quarter of said
Section 30, being also the southeast corner of Lot 1 in Govnors
Subdivision, according to the plat thereof recorded March 20,
2001 as document number 2001R0016624 and the northeast corner
of trustee's deed and deed in trust recorded October 17, 1994
as document number 94R059510; thence on an Illinois Coordinate
System NAD 83(2011) East Zone bearing of South 0 degrees 23
minutes 56 seconds East along the said west right of way line
of Randall Road, a distance of 542.00 feet to the northwesterly
right of way line of Algonquin Road according to Judgment
Order, Case Number 00 ED 9, filed April 22, 2003 in the Circuit
Court of the Nineteenth Judicial Circuit, McHenry County,
Illinois; thence South 63 degrees 24 minutes 49 seconds West
along the said northwesterly right of way line of Algonquin
Road, a distance of 82.45 feet (82.05 feet, recorded) to the
north right of way line of Algonquin Road; thence South 89
degrees 38 minutes 26 seconds West along the north right of way
line of Algonquin Road according to said Judgment Order, Case

Number 00 ED 9, a distance of 161.98 feet to an angle point on
said north right of way line; thence South 0 degrees 21 minutes
34 seconds East, a distance of 9.00 feet to an angle point on
the north right of way line of Algonquin Road; thence South 89
degrees 38 minutes 26 seconds West along the north right of way
line of Algonquin Road according to said Judgment Order, Case
Number 00 ED 9, a distance of 268.47 feet to west line of the
grantor according to said trustee's deed and deed in trust
recorded October 17, 1994 as document number 94R059510; thence
North 0 degrees 15 minutes 16 seconds West along the west line
of the grantor according to said trustee's deed and deed in
trust, a distance of 18.08 feet; thence North 89 degrees 56
minutes 44 seconds East, a distance of 228.82 feet; thence
North 0 degrees 03 minutes 16 seconds West, a distance of 3.00
feet; thence North 89 degrees 56 minutes 44 seconds East, a
distance of 173.00 feet to the point of beginning; thence
continuing North 89 degrees 56 minutes 44 seconds East, a
distance of 18.00 feet; thence North 0 degrees 03 minutes 16
seconds West, a distance of 16.00 feet; thence North 89 degrees
56 minutes 44 seconds East, a distance of 29.00 feet; thence
North 42 degrees 08 minutes 13 seconds East, a distance of
26.57 feet; thence North 0 degrees 24 minutes 03 seconds West,
a distance of 395.00 feet; thence North 89 degrees 35 minutes
57 seconds East, a distance of 17.00 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 138.15 feet
to the north line of the grantor according to said trustee's

deed and deed in trust; thence South 89 degrees 40 minutes 50
seconds West along the north line of the grantor according to
said trustee's deed and deed in trust, a distance of 20.00
feet; thence South 0 degrees 24 minutes 03 seconds East, a
distance of 63.01 feet; thence South 89 degrees 35 minutes 57
seconds West, a distance of 18.00 feet; thence South 0 degrees
24 minutes 03 seconds East, a distance of 86.84 feet; thence
North 90 degrees 00 minutes 00 seconds East, a distance of
11.00 feet; thence South 0 degrees 24 minutes 03 seconds East,
a distance of 379.36 feet; thence South 42 degrees 08 minutes
13 seconds West, a distance of 27.69 feet; thence South 89
degrees 56 minutes 44 seconds West, a distance of 36.22 feet;
thence South 0 degrees 03 minutes 16 seconds East, a distance
of 19.00 feet to the point of beginning.
Said temporary easement containing 0.203 acre, more or
less.
Said temporary easement to be used for grading, driveway
and parking lot construction purposes.
***
That part of the West Half of the Northwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, in McHenry County, Illinois, bearings and

distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Commencing at the southwest corner of the Northwest Quarter
of said Section 29; thence on an Illinois Coordinate System NAD
83(2011) East Zone bearing of North 0 degrees 13 minutes 26
seconds West along the west line of the Northwest Quarter of
said Section 29, a distance of 82.82 feet to the northeasterly
right of way line of Algonquin Road recorded October 17, 2002
as document number 2002R0093574 and the point of beginning;
thence continuing North 0 degrees 13 minutes 26 seconds West
along the west line of the Northwest Quarter of said Section
29, a distance of 152.17 feet to a point of intersection with
the Westerly extension of the south line of Lot 5 in The Centre
at Lake in the Hills, according to the plat thereof recorded
November 8, 1996 as document number 96R057546, being also the
northwest corner of the grantor; thence South 89 degrees 54
minutes 57 seconds East along the south line of Lot 5 in said
The Centre at Lake in the Hills and along the Westerly
extension thereof, being also the north line of the grantor, a
distance of 30.78 feet; thence South 0 degrees 24 minutes 03
seconds East, a distance of 108.07 feet; thence South 21
degrees 11 minutes 16 seconds East, a distance of 48.34 feet;
thence North 89 degrees 56 minutes 44 seconds East, a distance
of 151.58 feet to a west line of Lot 1 in said The Centre at

Lake in Hills, being also the east line of the grantor; thence
South 0 degrees 13 minutes 26 seconds East along a west line of
Lot 1 in said The Centre at Lake in the Hills, being also the
east line of the grantor, a distance of 17.24 feet to the north
right of way line of Algonquin Road recorded October 17, 2002
as document number 2002R0093574; thence North 89 degrees 54
minutes 57 seconds West along the said north right of way line
of Algonquin Road, a distance of 181.86 feet (182.15 feet,
recorded) to the said northeasterly right of way line of
Algonquin Road; thence North 45 degrees 33 minutes 26 seconds
West along the said northeasterly right of way line of
Algonquin Road, a distance of 25.48 feet to the point of
beginning.
Said parcel containing 0.192 acre, more or less.
***
That part of the West Half of the Northwest Quarter of
Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Commencing at the southwest corner of the Northwest Quarter

of said Section 29; thence on an Illinois Coordinate System NAD
83(2011) East Zone bearing of North 0 degrees 13 minutes 26
seconds West along the west line of the Northwest Quarter of
said Section 29, a distance of 82.82 feet to the northeasterly
right of way line of Algonquin Road recorded October 17, 2002
as document number 2002R0093574; thence continuing North 0
degrees 13 minutes 26 seconds West along the west line of the
Northwest Quarter of said Section 29, a distance of 152.17 feet
to a point of intersection with the Westerly extension of the
south line of Lot 5 in The Centre at Lake in the Hills,
according to the plat thereof recorded November 8, 1996 as
document number 96R057546, being also the northwest corner of
the grantor; thence South 89 degrees 54 minutes 57 seconds East
along the south line of Lot 5 in said The Centre at Lake in the
Hills and along the Westerly extension thereof, being also the
north line of the grantor, a distance of 30.78 feet to the
point of beginning; thence South 0 degrees 24 minutes 03
seconds East, a distance of 108.07 feet; thence South 21
degrees 11 minutes 16 seconds East, a distance of 48.34 feet;
thence North 89 degrees 56 minutes 44 seconds East, a distance
of 151.58 feet to a west line of Lot 1 in said The Centre at
Lake in Hills, being also the east line of the grantor; thence
North 0 degrees 13 minutes 26 seconds West along a west line of
Lot 1 in said The Centre at Lake in the Hills, being also the
east line of the grantor, a distance of 120.00 feet; thence
South 89 degrees 56 minutes 44 seconds West, a distance of 5.49

feet; thence South 0 degrees 13 minutes 26 seconds East, a
distance of 110.00 feet; thence South 89 degrees 56 minutes 44
seconds West, a distance of 143.27 feet; thence North 0 degrees
24 minutes 03 seconds West, a distance of 133.97 feet; thence
South 89 degrees 54 minutes 57 seconds East, a distance of
15.00 feet; thence North 0 degrees 24 minutes 03 seconds West,
a distance of 9.14 feet to the south line of Lot 5 in said The
Centre at Lake in the Hills, being also the north line of the
grantor; thence North 89 degrees 54 minutes 57 seconds West
along the south line of Lot 5 in said The Centre at Lake in the
Hills, being also the north line of the grantor, a distance of
35.00 feet to the point of beginning.
Said temporary easement containing 0.113 acre, more or
less.
Said temporary easement to be used for grading, driveway
and parking lot construction purposes.
***
That part of Lots 1 and 2, except that part of Lot 1
conveyed to the County of McHenry by warranty deed recorded
February 17, 2000 as document number 2000R0008642, in The
Centre of Lake in the Hills, being a subdivision of part of the
West Half of the Northwest Quarter of Section 29, Township 43

North, Range 8 East of the Third Principal Meridian, according
to the plat thereof recorded November 8, 1996 as document
number 96R057546, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System,
NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Beginning at the southeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 89 degrees 54 minutes 57 seconds West along the south
line of said Lots 1 and 2, a distance of 523.09 feet to the east
right of way line of Algonquin Road according to warranty deed
recorded February 17, 2000 as document number 2000R0008642;
thence North 0 degrees 04 minutes 53 seconds East along the
said east right of way line of Algonquin Road, a distance of
10.00 feet to the north right of way line of Algonquin Road
according to said warranty deed; thence North 89 degrees 54
minutes 57 seconds West along the said north right of way line
of Algonquin Road, a distance of 191.44 feet (191.50 feet,
recorded) to a west line of said Lot 1; thence North 0 degrees
13 minutes 26 seconds West along a west line of said Lot 1, a
distance of 7.24 feet; thence North 89 degrees 56 minutes 44
seconds East, a distance of 608.74 feet; thence North 0 degrees
01 minute 56 seconds East, a distance of 15.00 feet; thence
North 89 degrees 56 minutes 44 seconds East, a distance of
106.02 feet to the east line of said Lot 1; thence South 0

degrees 22 minutes 43 seconds West along the east line of said
Lot 1, a distance of 33.97 feet to the point of beginning.
Said parcel containing 0.290 acre, more or less.
***
That part of Lot 1, except that part of Lot 1 conveyed to
the County of McHenry by warranty deed recorded February 17,
2000 as document number 2000R0008642, in The Centre of Lake in
the Hills, being a subdivision of part of the West Half of the
Northwest Quarter of Section 29, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat
thereof recorded November 8, 1996 as document number 96R057546,
in McHenry County, Illinois, bearings and distances are based
on the Illinois Coordinate System, NAD 83(2011) East Zone, with
a combination factor of 0.9999373735, described as follows:
Beginning at the most westerly corner of said Lot 1, being
also the southwest corner of Lot 1 in The Centre Resubdivision,
according to the plat thereof recorded January 14, 1998 as
document number 98R002400; thence on an Illinois Coordinate
System NAD 83(2011) East Zone bearing of North 89 degrees 46
minutes 40 seconds East along a north line of said Lot 1, being
also the south line of Lot 1 in said The Centre Resubdivision,
a distance of 19.45 feet; thence South 0 degrees 24 minutes 03

seconds East, a distance of 35.00 feet to a south line of said
Lot 1, being also the north line of Lot 4 in said The Centre of
Lake in the Hills; thence South 89 degrees 46 minutes 40
seconds West along a south line of said Lot 1, being also the
north line of Lot 4 in said The Centre of Lake in the Hills, a
distance of 19.56 feet to the west line of Lot 1; thence North
0 degrees 13 minutes 26 seconds West along the west line of
said Lot 1, a distance of 35.00 feet to the point of beginning.
Said parcel containing 0.016 acre, more or less.
***
That part of Lots 1 and 2, except that part of Lot 1
conveyed to the County of McHenry by warranty deed recorded
February 17, 2000 as document number 2000R0008642, in The
Centre of Lake in the Hills, being a subdivision of part of the
West Half of the Northwest Quarter of Section 29, Township 43
North, Range 8 East of the Third Principal Meridian, according
to the plat thereof recorded November 8, 1996 as document
number 96R057546, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System,
NAD83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Commencing at the southeast corner of said Lot 1; thence on

an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 89 degrees 54 minutes 57 seconds West along the south
line of said Lots 1 and 2, a distance of 523.09 feet to the east
right of way line of Algonquin Road according to warranty deed
recorded February 17, 2000 as document number 2000R0008642;
thence North 0 degrees 04 minutes 53 seconds East along the
said east right of way line of Algonquin Road, a distance of
10.00 feet to the north right of way line of Algonquin Road
according to said warranty deed; thence North 89 degrees 54
minutes 57 seconds West along the said north right of way line
of Algonquin Road, a distance of 191.44 feet (191.50 feet,
recorded) to a west line of said Lot 1; thence North 0 degrees
13 minutes 26 seconds West along a west line of said Lot 1, a
distance of 7.24 feet to the point of beginning; thence North
89 degrees 56 minutes 44 seconds East, a distance of 608.74
feet; thence North 0 degrees 01 minute 56 seconds East, a
distance of 15.00 feet; thence North 89 degrees 56 minutes 44
seconds East, a distance of 106.02 feet to the east line of
said Lot 1; thence North 0 degrees 22 minutes 43 seconds East
along the east line of said Lot 1, a distance of 15.00 feet;
thence South 89 degrees 56 minutes 44 seconds West, a distance
of 106.02 feet; thence South 0 degrees 39 minutes 20 seconds
West, a distance of 10.00 feet; thence South 89 degrees 56
minutes 44 seconds West, a distance of 259.52 feet; thence
North 0 degrees 03 minutes 16 seconds West, a distance of
115.00 feet; thence South 89 degrees 56 minutes 44 seconds

West, a distance of 95.00 feet; thence South 0 degrees 03
minutes 16 seconds East, a distance of 115.00 feet; thence
South 89 degrees 56 minutes 44 seconds West, a distance of
175.00 feet; thence North 0 degrees 03 minutes 16 seconds West,
a distance of 110.00 feet; thence South 89 degrees 56 minutes
44 seconds West, a distance of 79.61 feet to a west line of
said Lot 1; thence South 0 degrees 13 minutes 26 seconds East
along a west line of said Lot 1, a distance of 130.00 feet to
the point of beginning.
Said temporary easement containing 0.768 acre, more or
less.
Said temporary easement to be used for grading, driveway
and parking lot construction purposes.
***
That part of Lot 1, except that part of Lot 1 conveyed to
the County of McHenry by warranty deed recorded February 17,
2000 as document number 2000R0008642, in The Centre of Lake in
the Hills, being a subdivision of part of the West Half of the
Northwest Quarter of Section 29, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat
thereof recorded November 8, 1996 as document number 96R057546,
in McHenry County, Illinois, bearings and distances are based

on the Illinois Coordinate System, NAD 83(2011) East Zone, with
a combination factor of 0.9999373735, described as follows:
Commencing at the most westerly corner of said Lot 1, being
also the southwest corner of Lot 1 in The Centre Resubdivision,
according to the plat thereof recorded January 14, 1998 as
document number 98R002400; thence on an Illinois Coordinate
System NAD 83(2011) East Zone bearing of North 89 degrees 46
minutes 40 seconds East along a north line of said Lot 1, being
also the south line of Lot 1 in said The Centre Resubdivision,
a distance of 19.45 feet to the point of beginning; thence
South 0 degrees 24 minutes 03 seconds East, a distance of 35.00
feet to a south line of said Lot 1, being also the north line of
Lot 4 in said The Centre of Lake in the Hills; thence North 89
degrees 46 minutes 40 seconds West along a south line of said
Lot 1, being also the north line of Lot 4 in said The Centre of
Lake in the Hills, a distance of 45.00 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 35.00 feet to
a north line of said Lot 1, being also the south line of Lot 1
in said The Centre Resubdivision; thence South 89 degrees 46
minutes 40 seconds West along a north line of said Lot 1, being
also the south line of Lot 1 in said The Centre Resubdivision,
a distance of 45.00 feet to the point of beginning.
Said temporary easement containing 0.036 acre, more or
less.

Said temporary easement to be used for grading and driveway
construction purposes.
***
That part of Lot 3 in Algonquin Plaza, being a subdivision
of part of the West Half of the Northwest Quarter of Section
29, Township 43 North, Range 8 East of the Third Principal
Meridian, according to the plat thereof recorded January 23,
2006 as document number 2006R0005048, in McHenry County,
Illinois, bearings and distances are based on the Illinois
Coordinate System, NAD83(2011) East Zone, with a combination
factor of 0.9999373735, described as follows:
Beginning at the southwest corner of said Lot 3; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 0 degrees 22 minutes 43 seconds East along the west line
of said Lot 3, a distance of 8.97 feet; thence North 89 degrees
56 minutes 44 seconds East, a distance of 169.19 feet to the
east line of said Lot 3; thence South 0 degrees 21 minutes 22
seconds West along the east line of said Lot 3, a distance of
9.38 feet to the southeast corner of Lot 3; thence North 89
degrees 54 minutes 57 seconds West along the south line of said
Lot 3, a distance of 169.19 feet (168.98 feet, recorded) to the
point of beginning.

Said parcel containing 0.036 acre, more or less.
***
That part of the Southeast Quarter of the Northwest Quarter
of Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Commencing at the southwest corner of the Northwest Quarter
of said Section 29; thence on an Illinois Coordinate System NAD
83(2011) East Zone bearing of South 89 degrees 54 minutes 57
seconds East along the south line of the Northwest Quarter of
said Section 29, a distance of 1304.08 feet to the southwest
corner of the Southeast Quarter of the Northwest Quarter of
said Section 29, as monumented and occupied, and the point of
beginning; thence North 0 degrees 18 minutes 42 seconds East
along the west line of the Southeast Quarter of the Northwest
Quarter of said Section 29, as monumented and occupied, a
distance of 96.95 feet; thence North 89 degrees 41 minutes 18
seconds East, a distance of 20.36 feet to the east right of way
line of Crystal Lake Road, as monumented and occupied; thence
South 45 degrees 00 minutes 00 seconds East, a distance of

45.39 feet; thence easterly 259.39 feet along a curve to the
right having a radius of 10060.00 feet, the chord of said curve
bears South 89 degrees 21 minutes 42 seconds East, 259.38 feet
to a point of reverse curvature; thence easterly 42.82 feet
along a curve to the left having a radius of 9940.00 feet, the
chord of said curve bears South 88 degrees 44 minutes 47
seconds East, 42.82 feet to the west line of Lot 5 in First
Addition to Cedar Ridge Subdivision, according to the plat
thereof recorded January 11, 1980 as document number 788054;
thence South 0 degrees 50 minutes 44 seconds West along the
west line of Lot 5 in said First Addition to Cedar Ridge
Subdivision, a distance of 61.66 feet to the south line of the
Northwest Quarter of said Section 29; thence North 89 degrees
54 minutes 57 seconds West along the south line of the
Northwest Quarter of said Section 29, a distance of 354.25 feet
to the point of beginning, except the parcel which is described
as follows:
Commencing at the southwest corner of the Northwest Quarter
of said Section 29; thence on an Illinois Coordinate System NAD
83(2011) East Zone bearing of South 89 degrees 54 minutes 57
seconds East along the south line of the Northwest Quarter of
said Section 29, a distance of 1304.08 feet to the southwest
corner of the Southeast Quarter of the Northwest Quarter of
said Section 29, as monumented and occupied; thence North 0
degrees 18 minutes 42 seconds East along the west line of the

Southeast Quarter of the Northwest Quarter of said Section 29,
as monumented as occupied, a distance of 96.95 feet; thence
North 89 degrees 41 minutes 18 seconds East, a distance of
20.36 feet to the east right of way line of Crystal Lake Road,
as monumented and occupied; thence South 0 degrees 23 minutes
32 seconds West along the said east right of way line of
Crystal Lake Road, as monumented and occupied, a distance of
47.31 feet to the north right of way line of Algonquin Road
recorded January 22, 1990 as document number 90R002714 and the
point of beginning; thence South 89 degrees 32 minutes 00
seconds East along the said north right of way line of
Algonquin Road, a distance of 214.98 feet (214.19 feet,
recorded) to an angle point on said north right of way line;
thence South 0 degrees 38 minutes 00 seconds East, a distance
of 15.00 feet to the former north right of way line of
Algonquin Road recorded January 25, 1950 as document number
227880; thence North 89 degrees 32 minutes 00 seconds West
along the said former north right of way line of Algonquin
Road, a distance of 214.92 feet (214.19 feet, recorded) to the
east right of way line of Crystal Lake Road, as monumented and
occupied; thence North 0 degrees 23 minutes 32 seconds East
along the said east right of way line of Crystal Lake Road, a
distance of 15.00 feet to the point of beginning.
Said parcel containing 0.475 acre, more or less, of which
0.304 acre, more or less, was previously dedicated or used for

highway purposes.
***
That part of the Southeast Quarter of the Northwest Quarter
of Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Commencing at the southwest corner of the Northwest Quarter
of said Section 29; thence on an Illinois Coordinate System NAD
83(2011) East Zone bearing of South 89 degrees 54 minutes 57
seconds East along the south line of the Northwest Quarter of
said Section 29, a distance of 1304.08 feet to the southwest
corner of the Southeast Quarter of the Northwest Quarter of
said Section 29, as monumented and occupied; thence North 0
degrees 18 minutes 42 seconds East along the west line of the
Southeast Quarter of the Northwest Quarter of said Section 29,
as monumented and occupied, a distance of 96.95 feet; thence
North 89 degrees 41 minutes 18 seconds East, a distance of
20.36 feet to the east right of way line of Crystal Lake Road,
as monumented and occupied; thence South 45 degrees 00 minutes
00 seconds East, a distance of 45.39 feet; thence easterly
117.93 feet along a curve to the right having a radius of

10060.00 feet, the chord of said curve bears South 89 degrees
45 minutes 52 seconds East, 117.93 feet to the point of
beginning; thence easterly 85.00 feet along a curve to the
right having a radius of 10060.00 feet, the chord of said curve
bears South 89 degrees 11 minutes 12 seconds East, 85.00 feet;
thence North 0 degrees 56 minutes 29 seconds East, a distance
of 40.00 feet; thence westerly 85.00 feet along a curve to the
left having a radius of 10100.00 feet, the chord of said curve
bears North 89 degrees 11 minutes 10 seconds West, 85.00 feet;
thence South 0 degrees 56 minutes 29 seconds West, a distance
of 40.00 feet to the point of beginning.
Said temporary easement containing 0.078 acre, more or
less.
Said temporary easement to be used for driveway removal and
parking lot construction.
***
That part of Lot 5 in The Centre of Lake in the Hills,
being a subdivision of part of the West Half of the Northwest
Quarter of Section 29, Township 43 North, Range 8 East of the
Third Principal Meridian, according to the plat thereof
recorded November 8, 1996 as document number 96R057546, in
McHenry County, Illinois, bearings and distances are based on

the Illinois Coordinate System, NAD83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Beginning at the northwest corner of said Lot 5; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 89 degrees 46 minutes 33 seconds East along the north
line of said Lot 5, a distance of 20.12 feet; thence South 0
degrees 24 minutes 03 seconds East, a distance of 215.05 feet
to the south line of said Lot 5; thence North 89 degrees 54
minutes 57 seconds West along the south line of said Lot 5, a
distance of 20.78 feet to the southwest corner of Lot 5; thence
North 0 degrees 13 minutes 26 seconds West along the west line
of said Lot 5, a distance of 214.93 feet (214.96 feet,
recorded) to the point of beginning.
Said parcel containing 0.101 acre, more or less.
***
That part of Lot 5 in The Centre of Lake in the Hills,
being a subdivision of part of the West Half of the Northwest
Quarter of Section 29, Township 43 North, Range 8 East of the
Third Principal Meridian, according to the plat thereof
recorded November 8, 1996 as document number 96R057546, in
McHenry County, Illinois, bearings and distances are based on
the Illinois Coordinate System, NAD83(2011) East Zone, with a

combination factor of 0.9999373735, described as follows:
Commencing at the northwest corner of said Lot 5; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 89 degrees 46 minutes 33 seconds East along the north
line of said Lot 5, a distance of 20.12 feet; thence South 0
degrees 24 minutes 03 seconds East, a distance of 153.42 feet
to the point of beginning; thence continuing South 0 degrees 24
minutes 03 seconds East, a distance of 61.63 feet to the south
line of said Lot 5; thence South 89 degrees 54 minutes 57
seconds East along the south line of said Lot 5, a distance of
35.00 feet; thence North 0 degrees 24 minutes 03 seconds West,
a distance of 61.68 feet; thence North 90 degrees 00 minutes 00
seconds West, a distance of 35.00 feet to the point of
beginning.
Said temporary easement containing 0.050 acre, more or
less.
Said temporary easement to be used for driveway
construction purposes.
***
That part of Lot 4 in The Centre of Lake in the Hills,
being a subdivision of part of the West Half of the Northwest

Quarter of Section 29, Township 43 North, Range 8 East of the
Third Principal Meridian, according to the plat thereof
recorded November 8, 1996 as document number 96R057546, in
McHenry County, Illinois, bearings and distances are based on
the Illinois Coordinate System, NAD83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Beginning at the northwest corner of said Lot 4; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 89 degrees 46 minutes 40 seconds East along the north
line of said Lot 4, a distance of 19.56 feet; thence South 0
degrees 24 minutes 03 seconds East, a distance of 179.98 feet
to the south line of said Lot 4; thence South 89 degrees 46
minutes 33 seconds West along the south line of said Lot 4, a
distance of 20.12 feet to the southwest corner of Lot 4; thence
North 0 degrees 13 minutes 26 seconds West along the west line
of said Lot 4, a distance of 179.98 feet (180.00 feet,
recorded) to the point of beginning.
Said parcel containing 0.082 acre, more or less.
***
That part of Lot 4 in The Centre of Lake in the Hills,
being a subdivision of part of the West Half of the Northwest
Quarter of Section 29, Township 43 North, Range 8 East of the

Third Principal Meridian, according to the plat thereof
recorded November 8, 1996 as document number 96R057546, in
McHenry County, Illinois, bearings and distances are based on
the Illinois Coordinate System, NAD83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Commencing at the northwest corner of said Lot 4; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 89 degrees 46 minutes 40 seconds East along the north
line of said Lot 4, a distance of 19.56 feet to the point of
beginning; thence continuing North 89 degrees 46 minutes 40
seconds East along the north line of said Lot 4, a distance of
45.00 feet; thence South 0 degrees 24 minutes 03 seconds East,
a distance of 8.06 feet; thence South 89 degrees 35 minutes 57
seconds West, a distance of 45.00 feet; thence North 0 degrees
24 minutes 03 seconds West, a distance of 8.21 feet to the
point of beginning.
Said temporary easement containing 0.008 acre, more or
less, or 366 square feet, more or less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 1 in Govnors Subdivision, being a

subdivision of part of the East Half of the Northeast Quarter
of Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded
March 20, 2001 as document number 2001R0016624, in McHenry
County, Illinois, bearings and distances are based on the
Illinois Coordinate System, NAD 83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Beginning at the southeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 40 minutes 50 seconds West along the south
line of said Lot 1, a distance of 23.53 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 305.15 feet
to the north line of said Lot 1; thence North 89 degrees 40
minutes 50 seconds East along the north line of said Lot 1, a
distance of 23.54 feet to the northeast corner of Lot 1; thence
South 0 degrees 23 minutes 56 seconds East along the east line
of said Lot 1, a distance of 305.15 feet to the point of
beginning.
Said parcel containing 0.165 acre, more or less.
***
That part of Lot 1 in Govnors Subdivision, being a
subdivision of part of the East Half of the Northeast Quarter

of Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded
March 20, 2001 as document number 2001R0016624, in McHenry
County, Illinois, bearings and distances are based on the
Illinois Coordinate System, NAD 83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Commencing at the southeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 40 minutes 50 seconds West along the south
line of said Lot 1, a distance of 23.53 feet to the point of
beginning; thence North 0 degrees 24 minutes 03 seconds West, a
distance of 305.15 feet to the north line of said Lot 1; thence
South 89 degrees 40 minutes 50 seconds West along the north
line of said Lot 1, a distance of 30.00 feet; thence South 0
degrees 24 minutes 03 seconds East, a distance of 180.06 feet;
thence North 90 degrees 00 minutes 00 seconds East, a distance
of 20.00 feet; thence South 0 degrees 24 minutes 03 seconds
East, a distance of 124.98 feet to the south line of said Lot
1; thence North 89 degrees 40 minutes 50 seconds East along the
south line of said Lot 1, a distance of 10.00 feet to the point
of beginning.
Said temporary easement containing 0.153 acre, more or
less.

Said temporary easement to be used for grading and driveway
construction purposes.
***
That part of Lot 1 in The Centre Resubdivision, being a
resubdivision of Lot 3 in The Centre at Lake in the Hills, a
subdivision of part of the West Half of the Northwest Quarter
of Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Centre
Resubdivision recorded January 14, 1998 as document number
98R002400, in McHenry County, Illinois, bearings and distances
are based on the Illinois Coordinate System, NAD 83(2011) East
Zone, with a combination factor of 0.9999373735, described as
follows:
Beginning at the northwest corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 89 degrees 46 minutes 42 seconds East along the north
line of said Lot 1, a distance of 19.00 feet; thence South 0
degrees 24 minutes 03 seconds East, a distance of 145.81 feet
to the south line of said Lot 1; thence South 89 degrees 46
minutes 40 seconds West along the south line of said Lot 1, a
distance of 19.45 feet to the southwest corner of Lot 1; thence
North 0 degrees 13 minutes 26 seconds West along the west line
of said Lot 1, a distance of 145.81 feet (145.83 feet,

recorded) to the point of beginning.
Said parcel containing 0.064 acre, more or less.
***
That part of Lot 1 in The Centre Resubdivision, being a
resubdivision of Lot 3 in The Centre at Lake in the Hills, a
subdivision of part of the West Half of the Northwest Quarter
of Section 29, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Centre
Resubdivision recorded January 14, 1998 as document number
98R002400, in McHenry County, Illinois, bearings and distances
are based on the Illinois Coordinate System, NAD 83(2011) East
Zone, with a combination factor of 0.9999373735, described as
follows:
Commencing at the northwest corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 89 degrees 46 minutes 42 seconds East along the north
line of said Lot 1, a distance of 19.00 feet to the point of
beginning; thence South 0 degrees 24 minutes 03 seconds East, a
distance of 145.81 feet to the south line of said Lot 1; thence
North 89 degrees 46 minutes 40 seconds East along the south
line of said Lot 1, a distance of 45.00 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 6.76 feet;

thence North 89 degrees 28 minutes 46 seconds West, a distance
of 40.00 feet; thence North 0 degrees 24 minutes 03 seconds
West, a distance of 138.53 feet to the north line of said Lot
1; thence South 89 degrees 46 minutes 42 seconds West along the
north line of said Lot 1, a distance of 5.00 feet to the point
of beginning.
Said temporary easement containing 0.023 acre, more or
less.
Said temporary easement to be used for grading and sidewalk
removal purposes.
***
That part of Lot 4 in The Meadows Commercial Subdivision,
being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document
number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document
number 2003R0013439, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD

83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Beginning at the southeast corner of said Lot 4; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 40 minutes 50 seconds West along the south
line of said Lot 4, a distance of 18.54 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 251.68 feet;
thence North 57 degrees 05 minutes 21 seconds West, a distance
of 27.52 feet to the north line of said Lot 4; thence North 89
degrees 36 minutes 04 seconds East along the north line of said
Lot 4, a distance of 26.55 feet to the northeasterly line of
Lot 4; thence South 45 degrees 23 minutes 56 seconds East along
the northeasterly line of said Lot 4, a distance of 21.21 feet
to the east line of Lot 4; thence South 0 degrees 23 minutes 56
seconds East along the east line of said Lot 4, a distance of
251.82 feet to the point of beginning.
Said parcel containing 0.115 acre, more or less.
***
That part of Lot 4 in The Meadows Commercial Subdivision,
being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document
number 2001R0079191 and part of Lot 2 in Govnors Subdivision,

according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document
number 2003R0013439, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Commencing at the southeast corner of said Lot 4; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 40 minutes 50 seconds West along the south
line of said Lot 4, a distance of 18.54 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 251.68 feet;
thence North 57 degrees 05 minutes 21 seconds West, a distance
of 27.52 feet to the north line of said Lot 4; thence South 89
degrees 36 minutes 04 seconds West along the north line of said
Lot 4, a distance of 162.01 feet to the point of beginning;
thence South 63 degrees 37 minutes 36 seconds West, a distance
of 46.09 feet the west line of said Lot 4; thence North 0
degrees 23 minutes 56 seconds West along the west line of said
Lot 4, a distance of 5.19 feet to the northwesterly line of Lot
4; thence North 44 degrees 36 minutes 04 seconds East along the
northwesterly line of said Lot 4, a distance of 21.21 feet to
the north line of Lot 4; thence North 89 degrees 36 minutes 04

seconds East along the north line of said Lot 4, a distance of
26.43 feet to the point of beginning.
Said parcel containing 0.007 acre, more or less, or 306
square feet, more or less.
***
That part of Lot 4 in The Meadows Commercial Subdivision,
being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document
number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document
number 2003R0013439, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Commencing at the southeast corner of said Lot 4; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 40 minutes 50 seconds West along the south
line of said Lot 4, a distance of 18.54 feet to the point of

beginning; thence North 0 degrees 24 minutes 03 seconds West, a
distance of 251.68 feet; thence North 57 degrees 05 minutes 21
seconds West, a distance of 27.52 feet to the north line of
said Lot 4; thence South 89 degrees 36 minutes 04 seconds West
along the north line of said Lot 4, a distance of 162.01 feet;
thence South 63 degrees 37 minutes 36 seconds West, a distance
of 46.09 feet to the west line of said Lot 4; thence North 89
degrees 36 minutes 20 seconds East, a distance of 216.44 feet;
thence South 0 degrees 24 minutes 03 seconds East, a distance
of 246.58 feet to the south line of said Lot 4; thence North 89
degrees 40 minutes 50 seconds East along the south line of said
Lot 4, a distance of 10.00 feet to the point of beginning.
Said temporary easement containing 0.148 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 5 in Lake in the Hills Entertainment Park,
being a subdivision of part of the West Half of the Northwest
Quarter of Section 29, Township 43 North, Range 8 East of the
Third Principal Meridian, according to the plat thereof
recorded June 28, 1996 as document number 96R033436, in McHenry
County, Illinois, bearings and distances are based on the

Illinois Coordinate System, NAD 83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Beginning at the northwest corner of said Lot 5; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 36 minutes 44 seconds East along the north
line of said Lot 5, a distance of 17.74 feet; thence South 0
degrees 24 minutes 03 seconds East, a distance of 259.98 feet
to the south line of said Lot 5; thence North 89 degrees 36
minutes 54 seconds West along the south line of said Lot 5, a
distance of 18.54 feet to the southwest corner of Lot 5; thence
North 0 degrees 13 minutes 26 seconds West along the west line
of said Lot 5, a distance of 259.97 feet (260.00 feet,
recorded) to the point of beginning.
Said parcel containing 0.108 acre, more or less.
***
That part of Lot 5 in Lake in the Hills Entertainment Park,
being a subdivision of part of the West Half of the Northwest
Quarter of Section 29, Township 43 North, Range 8 East of the
Third Principal Meridian, according to the plat thereof
recorded June 28, 1996 as document number 96R033436, in McHenry
County, Illinois, bearings and distances are based on the
Illinois Coordinate System, NAD 83(2011) East Zone, with a

combination factor of 0.9999373735, described as follows:
Commencing at the northwest corner of said Lot 5; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 36 minutes 44 seconds East along the north
line of said Lot 5, a distance of 17.74 feet to the point of
beginning; thence continuing South 89 degrees 36 minutes 44
seconds East along the north line of said Lot 5, a distance of
40.00 feet; thence South 0 degrees 24 minutes 03 seconds East,
a distance of 13.87 feet; thence South 89 degrees 35 minutes 57
seconds West, a distance of 36.00 feet; thence South 0 degrees
24 minutes 03 seconds East, a distance of 11.00 feet; thence
South 89 degrees 35 minutes 57 seconds West, a distance of 4.00
feet; thence North 0 degrees 24 minutes 03 seconds West, a
distance of 25.42 feet to the point of beginning.
Said temporary easement containing 0.014 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 5 in The Meadows Commercial Subdivision,
being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document

number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document
number 2003R0013439, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Beginning at the northeast corner of said Lot 5; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 0 degrees 23 minutes 56 seconds East along the east line
of said Lot 5, a distance of 203.14 feet to the southerly line
of Lot 5; thence South 74 degrees 54 minutes 28 seconds West
along the southerly line of said Lot 5, a distance of 19.18
feet; thence North 0 degrees 24 minutes 03 seconds West, a
distance of 38.64 feet; thence North 90 degrees 00 minutes 00
seconds East, a distance of 10.00 feet; thence North 0 degrees
24 minutes 03 seconds West, a distance of 169.43 feet to the
north line of said Lot 5; thence North 89 degrees 36 minutes 04
seconds East along the north line of said Lot 5, a distance of
8.56 feet to the point of beginning.
Said parcel containing 0.049 acre, more or less.

***
That part of Lot 5 in The Meadows Commercial Subdivision,
being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document
number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document
number 2003R0013439, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Commencing at the northeast corner of said Lot 5; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 0 degrees 23 minutes 56 seconds East along the east line
of said Lot 5, a distance of 203.14 feet to the southerly line
of Lot 5; thence South 74 degrees 54 minutes 28 seconds West
along the southerly line of said Lot 5, a distance of 19.18
feet to the point of beginning; thence North 0 degrees 24
minutes 03 seconds West, a distance of 38.64 feet; thence South
89 degrees 35 minutes 57 seconds West, a distance of 70.00

feet; thence South 0 degrees 24 minutes 03 seconds East, a
distance of 39.89 feet to the south line of said Lot 5; thence
North 89 degrees 36 minutes 04 seconds East along the south
line of said Lot 5, a distance of 65.24 feet to the southerly
line of Lot 5; thence North 74 degrees 54 minutes 28 seconds
East along the southerly line of said Lot 5, a distance of 4.92
feet to the point of beginning.
Said temporary easement containing 0.064 acre, more or
less.
Said temporary easement to be used for grading and driveway
construction purposes.
***
That part of Lot 5 in The Meadows Commercial Subdivision,
being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document
number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document
number 2003R0013439, in McHenry County, Illinois, bearings and

distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Commencing at the northeast corner of said Lot 5; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 0 degrees 23 minutes 56 seconds East along the east line
of said Lot 5, a distance of 203.14 feet to the southerly line
of Lot 5; thence South 74 degrees 54 minutes 28 seconds West
along the southerly line of said Lot 5, a distance of 19.18
feet; thence North 0 degrees 24 minutes 03 seconds West, a
distance of 38.64 feet to the point of beginning; thence North
90 degrees 00 minutes 00 seconds East, a distance of 10.00
feet; thence North 0 degrees 24 minutes 03 seconds West, a
distance of 169.43 feet to the north line of said Lot 5; thence
South 89 degrees 36 minutes 04 seconds West along the north
line of said Lot 5, a distance of 10.00 feet; thence South 0
degrees 24 minutes 03 seconds East, a distance of 169.36 feet
to the point of beginning.
Said temporary easement containing 0.039 acre, more or
less.
Said temporary easement to be used for grading purposes.
***

That part of Lots 3 and 4 in Lake in the Hills
Entertainment Park, being a subdivision of part of the West
Half of the Northwest Quarter of Section 29, Township 43 North,
Range 8 East of the Third Principal Meridian, according to the
plat thereof recorded June 28, 1996 as document number
96R033436, in McHenry County, Illinois, bearings and distances
are based on the Illinois Coordinate System, NAD 83(2011) East
Zone, with a combination factor of 0.9999373735, described as
follows:
Beginning at the northwest corner of said Lot 3; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 37 minutes 01 second East along the north line
of said Lot 3, a distance of 16.57 feet; thence South 0 degrees
24 minutes 03 seconds East, a distance of 164.99 feet to the
south line of said Lot 3; thence North 89 degrees 36 minutes 47
seconds West along the south line of said Lot 3, a distance of
4.00 feet; thence South 0 degrees 24 minutes 03 seconds East, a
distance of 149.45 feet; thence North 89 degrees 35 minutes 57
seconds East, a distance of 4.00 feet; thence South 0 degrees
24 minutes 03 seconds East, a distance of 15.59 feet to the
south line of said Lot 4; thence North 89 degrees 36 minutes 44
seconds West along the south line of said Lot 4, a distance of
17.59 feet to the southwest corner of Lot 4; thence North 0
degrees 13 minutes 26 seconds West along the west line of said

Lots 3 and 4, a distance of 329.96 feet to the point of
beginning.
Said parcel containing 0.116 acre, more or less.
***
That part of Lots 3 and 4 in Lake in the Hills
Entertainment Park, being a subdivision of part of the West
Half of the Northwest Quarter of Section 29, Township 43 North,
Range 8 East of the Third Principal Meridian, according to the
plat thereof recorded June 28, 1996 as document number
96R033436, in McHenry County, Illinois, bearings and distances
are based on the Illinois Coordinate System, NAD 83(2011) East
Zone, with a combination factor of 0.9999373735, described as
follows:
Commencing at the northwest corner of said Lot 3; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 37 minutes 01 second East along the north line
of said Lot 3, a distance of 16.57 feet to the point of
beginning; thence South 0 degrees 24 minutes 03 seconds East, a
distance of 164.99 feet to the south line of said Lot 3; thence
North 89 degrees 36 minutes 47 seconds West along the south
line of said Lot 3, a distance of 4.00 feet; thence South 0
degrees 24 minutes 03 seconds East, a distance of 149.45 feet;

thence North 89 degrees 35 minutes 57 seconds East, a distance
of 4.00 feet; thence South 0 degrees 24 minutes 03 seconds
East, a distance of 15.59 feet to the south line of said Lot 4;
thence South 89 degrees 36 minutes 44 seconds East along the
south line of said Lot 4, a distance of 40.00 feet; thence
North 0 degrees 24 minutes 03 seconds West, a distance of 26.13
feet; thence South 89 degrees 35 minutes 57 seconds West, a
distance of 25.00 feet; thence North 0 degrees 24 minutes 03
seconds West, distance of 160.00 feet; thence South 89 degrees
35 minutes 57 seconds West, a distance of 6.00 feet; thence
North 0 degrees 24 minutes 03 seconds West, a distance of
144.26 feet to the north line of said Lot 3; thence North 89
degrees 37 minutes 01 second West along the north line of said
Lot 3, a distance of 9.00 feet to the point of beginning.
Said temporary easement containing 0.122 acre, more or
less.
Said temporary easement to be used for grading and parking
lot construction purposes.
***
That part of Lot 6 in The Meadows Commercial Subdivision,
being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document

number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document
number 2003R0013439, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Beginning at the southeast corner of said Lot 6; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 36 minutes 04 seconds West along the south
line of said Lot 6, a distance of 8.56 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 218.99 feet
to the north line of said Lot 6; thence North 89 degrees 36
minutes 04 seconds East along the north line of said Lot 6, a
distance of 8.56 feet to the northeast corner of Lot 6; thence
South 0 degrees 23 minutes 56 seconds East along the east line
of said Lot 6, a distance of 218.99 feet to the point of
beginning.
Said parcel containing 0.043 acre, more or less.
***

That part of Lot 6 in The Meadows Commercial Subdivision,
being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document
number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document
number 2003R0013439, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Commencing at the southeast corner of said Lot 6; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 36 minutes 04 seconds West along the south
line of said Lot 6, a distance of 8.56 feet to the point of
beginning; thence North 0 degrees 24 minutes 03 seconds West, a
distance of 218.99 feet to the north line of said Lot 6; thence
South 89 degrees 36 minutes 04 seconds West along the north
line of said Lot 6, a distance of 10.00 feet; thence South 0
degrees 24 minutes 03 seconds East, a distance of 218.99 feet
to the south line of said Lot 6; thence North 89 degrees 36
minutes 04 seconds East along the south line of said Lot 6, a

distance of 10.00 feet to the point of beginning.
Said temporary easement containing 0.050 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 2 in The Meadows Commercial Subdivision,
being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document
number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document
number 2003R0013439, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Beginning at an easterly corner of said Lot 2, being also
the northwest corner of Outlot A in said The Meadows Commercial
Subdivision; thence on an Illinois Coordinate System NAD

83(2011) East Zone bearing of South 0 degrees 23 minutes 56
seconds East along an east line of said Lot 2, a distance of
56.28 feet to the easterly line of Lot 2; thence South 7
degrees 12 minutes 42 seconds East along the easterly line of
said Lot 2, a distance of 12.32 feet; thence North 90 degrees
00 minutes 00 seconds West, a distance of 11.46 feet; thence
North 0 degrees 23 minutes 56 seconds West, a distance of 71.90
feet to the northeasterly line of said Lot 2; thence
southeasterly 10.59 feet along the northeasterly line of said
Lot 2 on a curve to the left having a radius of 264.98 feet, the
chord of said curve bears South 71 degrees 15 minutes 44
seconds East, 10.59 feet to the point of beginning.
Said temporary easement containing 0.016 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 2 in Lake in the Hills Entertainment Park,
being a subdivision of part of the West Half of the Northwest
Quarter of Section 29, Township 43 North, Range 8 East of the
Third Principal Meridian, according to the plat thereof
recorded June 28, 1996 as document number 96R033436, in McHenry
County, Illinois, bearings and distances are based on the

Illinois Coordinate System, NAD 83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Beginning at the northwest corner of said Lot 2; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 37 minutes 15 seconds East along the north
line of said Lot 2, a distance of 15.72 feet; thence South 0
degrees 24 minutes 03 seconds East, a distance of 275.76 feet
to the south line of said Lot 2; thence North 89 degrees 37
minutes 01 second West along the south line of said Lot 2, a
distance of 16.57 feet to the southwest corner of Lot 2; thence
North 0 degrees 13 minutes 26 seconds West along the west line
of said Lot 2, a distance of 275.74 feet (275.78 feet,
recorded) to the point of beginning.
Said parcel containing 0.102 acre, more or less.
***
That part of Lot 2 in Lake in the Hills Entertainment Park,
being a subdivision of part of the West Half of the Northwest
Quarter of Section 29, Township 43 North, Range 8 East of the
Third Principal Meridian, according to the plat thereof
recorded June 28, 1996 as document number 96R033436, in McHenry
County, Illinois, bearings and distances are based on the
Illinois Coordinate System, NAD 83(2011) East Zone, with a

combination factor of 0.9999373735, described as follows:
Commencing at the northwest corner of said Lot 2; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 37 minutes 15 seconds East along the north
line of said Lot 2, a distance of 15.72 feet to the point of
beginning; thence South 0 degrees 24 minutes 03 seconds East, a
distance of 275.76 feet to the south line of said Lot 2; thence
South 89 degrees 37 minutes 01 second East along the south line
of said Lot 2, a distance of 9.00 feet; thence North 0 degrees
24 minutes 03 seconds West, a distance of 12.74 feet; thence
South 89 degrees 35 minutes 57 seconds West, a distance of 6.50
feet; thence North 0 degrees 24 minutes 03 seconds West, a
distance of 263.11 feet to the north line of said Lot 2; thence
North 89 degrees 37 minutes 15 seconds West along the north
line of said Lot 2, a distance of 2.50 feet to the point of
beginning.
Said temporary easement containing 0.018 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 7 in The Meadows Commercial Subdivision,

being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document
number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document
number 2003R0013439, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Beginning at the southeast corner of said Lot 7; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 36 minutes 04 seconds West along the south
line of said Lot 7, a distance of 18.56 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 218.99 feet
to the north line of said Lot 7; thence North 89 degrees 36
minutes 04 seconds East along the north line of said Lot 7, a
distance of 18.57 feet to the northeast corner of Lot 7; thence
South 0 degrees 23 minutes 56 seconds East along the east line
of said Lot 7, a distance of 218.99 feet to the point of
beginning.
Said parcel containing 0.093 acre, more or less.

***
That part of Lot 8 in The Meadows Commercial Subdivision,
being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document
number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document
number 2003R0013439, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Beginning at the southeast corner of said Lot 8; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 36 minutes 04 seconds West along the south
line of said Lot 8, a distance of 18.57 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 194.87 feet;
thence North 49 degrees 42 minutes 55 seconds West, a distance
of 38.28 feet; thence South 89 degrees 36 minutes 04 seconds
West, a distance of 181.35 feet to the northwesterly line of
said Lot 8; thence North 44 degrees 38 minutes 16 seconds East

along the northwesterly line of said Lot 8, a distance of 9.91
feet to the north line of Lot 8; thence North 89 degrees 36
minutes 04 seconds East along the north line of said Lot 8, a
distance of 194.58 feet to the northeasterly line of Lot 8;
thence South 49 degrees 42 minutes 10 seconds East along the
northeasterly line of said Lot 8, a distance of 36.11 feet to
the east line of Lot 8; thence South 0 degrees 23 minutes 56
seconds East along the east line of said Lot 8, a distance of
203.28 feet to the point of beginning.
Said parcel containing 0.131 acre, more or less.
***
That part of Lot 8 in The Meadows Commercial Subdivision,
being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document
number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document
number 2003R0013439, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,

described as follows:
Commencing at the southeast corner of said Lot 8; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 36 minutes 04 seconds West along the south
line of said Lot 8, a distance of 18.57 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 194.87 feet;
thence North 49 degrees 42 minutes 55 seconds West, a distance
of 21.46 feet to the point of beginning; thence continuing
North 49 degrees 42 minutes 55 seconds West, a distance of
16.82 feet; thence South 89 degrees 36 minutes 04 seconds West,
a distance of 181.35 feet to the northwesterly line of said Lot
8; thence South 44 degrees 38 minutes 16 seconds West along the
northwesterly line of said Lot 8, a distance of 22.64 feet to
the west line of Lot 8; thence South 0 degrees 23 minutes 56
seconds East along the west line of said Lot 8, a distance of
7.07 feet; thence North 44 degrees 38 minutes 16 seconds East,
a distance of 17.12 feet; thence North 89 degrees 35 minutes 57
seconds East, a distance of 198.02 feet to the point of
beginning.
Said temporary easement containing 0.050 acre, more or
less.
Said temporary easement to be used for grading purposes.

***
That part of Lot 9 in The Meadows Commercial Subdivision,
being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document
number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document
number 2003R0013439, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Beginning at the northeast corner of said Lot 9; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 0 degrees 23 minutes 56 seconds East along the east line
of said Lot 9, a distance of 167.70 feet to the southeasterly
line of Lot 9; thence South 53 degrees 36 minutes 38 seconds
West along the southeasterly line of said Lot 9, a distance of
10.61 feet; thence North 0 degrees 24 minutes 03 seconds West,
a distance of 173.94 feet to the north line of said Lot 9;
thence North 89 degrees 36 minutes 04 seconds East along the
north line of said Lot 9, a distance of 8.59 feet to the point

of beginning.
Said parcel containing 0.034 acre, more or less.
***
That part of Lot 9 in The Meadows Commercial Subdivision,
being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document
number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document
number 2003R0013439, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Beginning at the southwest corner of said Lot 9; thence
easterly 15.04 feet (15.06 feet, recorded) along the southerly
line of said Lot 9 on a curve to the left having a radius of
169.99 feet, the chord of said curve bears on an Illinois
Coordinate System NAD 83(2011) East Zone bearing of South 87
degrees 51 minutes 52 seconds East, 15.03 feet to a point of

tangency on the south line of Lot 9; thence North 89 degrees 36
minutes 04 seconds East along the south line of said Lot 9, a
distance of 13.19 feet; thence North 0 degrees 00 minutes 00
seconds East, a distance of 38.80 feet; thence North 90 degrees
00 minutes 00 seconds West, a distance of 28.48 feet to the
west line of said Lot 9; thence South 0 degrees 23 minutes 56
seconds East along the west line of said Lot 9, a distance of
38.34 feet to the point of beginning.
Said temporary easement containing 0.025 acre, more or
less.
Said temporary easement to be used for driveway
construction purposes.
***
That part of Lot 9 in The Meadows Commercial Subdivision,
being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document
number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document

number 2003R0013439, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Commencing at the northeast corner of said Lot 9; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 0 degrees 23 minutes 56 seconds East along the east line
of said Lot 9, a distance of 167.70 feet to the southeasterly
line of Lot 9; thence South 53 degrees 36 minutes 38 seconds
West along the southeasterly line of said Lot 9, a distance of
10.61 feet to the point of beginning; thence North 0 degrees 24
minutes 03 seconds West, a distance of 173.94 feet to the north
line of said Lot 9; thence South 89 degrees 36 minutes 04
seconds West along the north line of said Lot 9, a distance of
20.00 feet; thence South 0 degrees 24 minutes 03 seconds East,
a distance of 186.36 feet to the southerly line of said Lot 9;
thence North 81 degrees 26 minutes 28 seconds East along the
southerly line of said Lot 9, a distance of 3.65 feet to the
southeasterly line of Lot 9; thence North 53 degrees 36 minutes
38 seconds East along the southeasterly line of said Lot 9, a
distance of 20.26 feet to the point of beginning.
Said temporary easement containing 0.083 acre, more or
less.

Said temporary easement to be used for grading purposes.
***
That part of Lot 3 in Acorn Lane Commercial Center Unit 3,
being a subdivision of part of the West Half of the Northwest
Quarter of Section 29 and the Southwest Quarter of the
Southwest Quarter of Section 20, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat
thereof recorded March 21, 1997 as document number 97R012763,
in McHenry County, Illinois, bearings and distances are based
on the Illinois Coordinate System, NAD 83(2011) East Zone, with
a combination factor of 0.9999373735, described as follows:
Beginning at the southwest corner of said Lot 3; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 0 degrees 13 minutes 26 seconds West along the west line
of said Lot 3, a distance of 10.50 feet; thence North 89
degrees 35 minutes 57 seconds East, a distance of 181.96 feet
to the east line of said Lot 3; thence South 0 degrees 08
minutes 34 seconds East along the east line of said Lot 3, a
distance of 12.98 feet to the southeast corner of Lot 3; thence
North 89 degrees 37 minutes 15 seconds West along the south
line of said Lot 3, a distance of 181.95 feet to the point of
beginning.

Said parcel containing 0.049 acre, more or less.
***
That part of Lot 3 in Acorn Lane Commercial Center Unit 3,
being a subdivision of part of the West Half of the Northwest
Quarter of Section 29 and the Southwest Quarter of the
Southwest Quarter of Section 20, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat
thereof recorded March 21, 1997 as document number 97R012763,
in McHenry County, Illinois, bearings and distances are based
on the Illinois Coordinate System, NAD 83(2011) East Zone, with
a combination factor of 0.9999373735, described as follows:
Commencing at the southwest corner of said Lot 3; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 0 degrees 13 minutes 26 seconds West along the west line
of said Lot 3, a distance of 10.50 feet to the point of
beginning; thence North 89 degrees 35 minutes 57 seconds East,
a distance of 85.99 feet; thence North 0 degrees 24 minutes 03
seconds West, a distance of 10.00 feet; thence South 89 degrees
35 minutes 57 seconds West, a distance of 85.96 feet to the
west line of said Lot 3; thence South 0 degrees 13 minutes 26
seconds East along the west line of said Lot 3, a distance of
10.00 feet to the point of beginning.

Said temporary easement containing 0.020 acre, more or
less.
Said temporary easement to be used for grading and driveway
construction purposes.
***
That part of Lot 10 in The Meadows Commercial Subdivision,
being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document
number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document
number 2003R0013439, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Beginning at the southeast corner of said Lot 10; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 36 minutes 04 seconds West along the south
line of said Lot 10, a distance of 8.59 feet; thence North 0

degrees 24 minutes 03 seconds West, a distance of 175.93 feet
to the north line of said Lot 10; thence North 89 degrees 27
minutes 07 seconds East along the north line of said Lot 10, a
distance of 8.60 feet to the northeast corner of Lot 10; thence
South 0 degrees 23 minutes 56 seconds East along the east line
of said Lot 10, a distance of 175.95 feet to the point of
beginning.
Said parcel containing 0.035 acre, more or less.
***
That part of Lot 10 in The Meadows Commercial Subdivision,
being a resubdivision of part Lot 8 in The Meadows, according
to the plat thereof recorded October 23, 2001 as document
number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
according to the plat thereof recorded March 20, 2001 as
document number 2001R0016624, in the Northeast Quarter of
Section 30, Township 43 North, Range 8 East of the Third
Principal Meridian, according to the plat of said The Meadows
Commercial Subdivision recorded January 31, 2003 as document
number 2003R0013439, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:

Commencing at the southeast corner of said Lot 10; thence
on an Illinois Coordinate System NAD 83(2011) East Zone bearing
of South 89 degrees 36 minutes 04 seconds West along the south
line of said Lot 10, a distance of 8.59 feet to the point of
beginning; thence North 0 degrees 24 minutes 03 seconds West, a
distance of 175.93 feet to the north line of said Lot 10;
thence South 89 degrees 27 minutes 07 seconds West along the
north line of said Lot 10, a distance of 20.00 feet; thence
South 0 degrees 24 minutes 03 seconds East, a distance of
175.88 feet to the south line of said Lot 10; thence North 89
degrees 36 minutes 04 seconds East along the south line of said
Lot 10, a distance of 20.00 feet to the point of beginning.
Said temporary easement containing 0.081 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 25 in Northstar Phase 1, being a
subdivision of part of the Southeast Quarter of Section 19 and
the Northeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat
thereof recorded July 27, 1994 as document number 94R044959, in
McHenry County, Illinois, bearings and distances are based on

the Illinois Coordinate System, NAD 83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Beginning at the southeast corner of said Lot 25; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 89 degrees 27 minutes 07 seconds West along the south
line of said Lot 25, a distance of 18.60 feet; thence North 0
degrees 24 minutes 03 seconds West, a distance of 120.63 feet
to the north line of said Lot 25; thence North 89 degrees 27
minutes 07 seconds East along the north line of said Lot 25, a
distance of 18.40 feet to the northeast corner of Lot 25;
thence South 0 degrees 29 minutes 48 seconds East along the
east line of said Lot 25, a distance of 120.63 feet to the
point of beginning.
Said parcel containing 0.051 acre, more or less.
***
That part of Lot 25 in Northstar Phase 1, being a
subdivision of part of the Southeast Quarter of Section 19 and
the Northeast Quarter of Section 30, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat
thereof recorded July 27, 1994 as document number 94R044959, in
McHenry County, Illinois, bearings and distances are based on
the Illinois Coordinate System, NAD 83(2011) East Zone, with a

combination factor of 0.9999373735, described as follows:
Commencing at the southeast corner of said Lot 25; thence
on an Illinois Coordinate System NAD 83(2011) East Zone bearing
of South 89 degrees 27 minutes 07 seconds West along the south
line of said Lot 25, a distance of 18.60 feet to the point of
beginning; thence North 0 degrees 24 minutes 03 seconds West, a
distance of 120.63 feet to the north line of said Lot 25;
thence South 89 degrees 27 minutes 07 seconds West along the
north line of said Lot 25, a distance of 1.45 feet to the
northwesterly line of Lot 25; thence southwesterly 48.64 feet
along the northwesterly line of said Lot 25 on a curve to the
right having a radius of 60.00 feet, the chord of said curve
bears South 22 degrees 40 minutes 38 seconds West, 47.32 feet;
thence South 0 degrees 24 minutes 03 seconds East, a distance
of 77.15 feet to the south line of said Lot 25; thence North 89
degrees 27 minutes 07 seconds East, along the south line of
said Lot 25, a distance of 20.00 feet to the point of
beginning.
Said temporary easement containing 0.043 acre, more or
less.
Said temporary easement to be used for grading purposes.
***

That part of Lot 1 in Winding Creek Center, being a
subdivision of part of the Southeast Quarter of Section 30,
Township 43 North, Range 8 East of the Third Principal
Meridian, according to the plat thereof recorded December 6,
2004 as document number 2004R0107449, in McHenry County,
Illinois, bearings and distances are based on the Illinois
Coordinate System, NAD83(2011) East Zone, with a combination
factor of 0.9999373735, described as follows:
Beginning at the northeast corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 0 degrees 06 minutes 24 seconds East along the east line
of said Lot 1, a distance of 24.90 feet; thence South 89
degrees 56 minutes 44 seconds West, a distance of 73.44 feet;
thence North 0 degrees 01 minute 01 second East, a distance of
24.98 feet to the north line of said Lot 1; thence South 89
degrees 59 minutes 08 seconds East along the north line of said
Lot 1, a distance of 73.38 feet to the point of beginning.
Said temporary easement containing 0.042 acre, more or
less.
Said temporary easement to be used for grading and
construction purposes.

***
That part of Lot 1 in Re-Subdivision of Outlot A, Acorn
Lane Commercial Center Unit 3, being a subdivision of part of
the West Half of the Northwest Quarter of Section 29 and the
Southwest Quarter of the Southwest Quarter of Section 20,
Township 43 North, Range 8 East of the Third Principal
Meridian, according to the plat thereof recorded January 31,
2007 as document number 2007R007482, in McHenry County,
Illinois, bearings and distances are based on the Illinois
Coordinate System, NAD 83(2011) East Zone, with a combination
factor of 0.9999373735, described as follows:
Beginning at the most westerly southwest corner of said Lot
1; thence on an Illinois Coordinate System NAD 83(2011) East
Zone bearing of North 0 degrees 24 minutes 36 seconds West
along the west line of said Lot 1, a distance of 289.95 feet;
thence North 89 degrees 28 minutes 33 seconds East, a distance
of 310.00 feet; thence North 0 degrees 24 minutes 36 seconds
West, a distance of 60.47 feet; thence North 89 degrees 28
minutes 33 seconds East, a distance of 165.45 feet to the
easterly line of said Lot 1; thence along the easterly line of
said Lot 1 the next 19 courses, South 35 degrees 39 minutes 50
seconds West, a distance of 31.19 feet; thence South 60 degrees
44 minutes 41 seconds West, a distance of 32.20 feet; thence
South 45 degrees 25 minutes 01 second West, a distance of 21.19

feet; thence South 23 degrees 30 minutes 06 seconds West, a
distance of 27.80 feet; thence South 6 degrees 47 minutes 17
seconds West, a distance of 30.19 feet; thence South 10 degrees
43 minutes 36 seconds West, a distance of 35.95 feet; thence
South 21 degrees 27 minutes 52 seconds West, a distance of
41.40 feet; thence South 19 degrees 59 minutes 44 seconds West,
a distance of 41.41 feet; thence South 16 degrees 10 minutes 56
seconds West, a distance of 54.07 feet; thence South 10 degrees
50 minutes 54 seconds West, a distance of 35.58 feet; thence
South 23 degrees 47 minutes 21 seconds East, a distance of
29.22 feet; thence South 15 degrees 55 minutes 24 seconds West,
a distance of 9.86 feet; thence South 35 degrees 43 minutes 39
seconds West, a distance of 44.87 feet; thence South 42 degrees
01 minute 14 seconds West, a distance of 45.34 feet; thence
South 21 degrees 37 minutes 25 seconds West, a distance of
13.18 feet; thence South 21 degrees 51 minutes 34 seconds East,
a distance of 15.04 feet; thence South 39 degrees 49 minutes 41
seconds East, a distance of 27.58 feet; thence South 5 degrees
34 minutes 09 seconds West, a distance of 5.75 feet; thence
South 15 degrees 26 minutes 48 seconds West, a distance of
37.61 feet (37.60 feet, recorded) to the southeast corner of
said Lot 1; thence North 89 degrees 37 minutes 15 seconds West
along the most southerly line of said Lot 1, a distance of
50.98 feet to a west line of Lot 1; thence North 0 degrees 13
minutes 26 seconds West along a west line of said Lot 1, a
distance of 149.98 feet to a south line of Lot 1; thence North

89 degrees 37 minutes 15 seconds West along a south line of
said Lot 1, a distance of 247.95 feet to the point of
beginning.
Said parcel containing 2.881 acres, more or less.
***
That part of Lot 1 in Oakridge Harnish Resubdivision, being
a resubdivision of Lot 2 in Rosen Rosen Rosen Subdivision of
part of the Northwest Quarter of Section 32, Township 43 North,
Range 8 East of the Third Principal Meridian, according to the
plat of said Oakridge Harnish Resubdivision recorded October
20, 2005 as document number 2005R0089188, in McHenry County,
Illinois, bearings and distances are based on the Illinois
Coordinate System, NAD 83(2011) East Zone, with a combination
factor of 0.9999373735, described as follows:
Beginning at the northwest corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 87 degrees 20 minutes 06 seconds East along the north
line of said Lot 1, a distance of 15.76 feet; thence South 2
degrees 17 minutes 50 seconds West, a distance of 191.30 feet
to the south line of said Lot 1; thence North 87 degrees 20
minutes 06 seconds West along the south line of said Lot 1, a
distance of 16.99 feet to the southwest corner of Lot 1; thence

North 2 degrees 40 minutes 02 seconds East along the west line
of said Lot 1, a distance of 191.29 feet (191.32 feet,
recorded) to the point of beginning.
Said temporary easement containing 0.072 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 7, except the West 10.0 feet thereof
conveyed to McHenry County, Illinois, by quit claim deed
recorded July 30, 2008 as document number 2008R0041806, in
Rosen Rosen Rosen Subdivision, being a subdivision of part of
the Northwest Quarter of Section 32, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat
thereof recorded July 26, 2001 as document number 2001R0052702,
in McHenry County, Illinois, bearings and distances are based
on the Illinois Coordinate System, NAD83(2011) East Zone, with
a combination factor of 0.9999373735, described as follows:
Commencing at the northwest corner of said Lot 7; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 64 degrees 39 minutes 47 seconds East along a northerly
line of said Lot 7, a distance of 11.33 feet to the east right

of way line of Randall Road recorded July 30, 2008 as document
number 2008R0041806 and the point of beginning; thence
continuing North 64 degrees 39 minutes 47 seconds East along a
northerly line of said Lot 7, a distance of 4.03 feet; thence
South 2 degrees 47 minutes 42 seconds West, a distance of 43.98
feet to a southerly line of said Lot 7; thence South 81 degrees
39 minutes 50 seconds West along a southerly line of said Lot
7, a distance of 3.52 feet to the said east right of way line of
Randall Road; thence North 2 degrees 40 minutes 02 seconds East
along the said east right of way line of Randall Road, a
distance of 42.76 feet to the point of beginning.
Said parcel containing 0.003 acre, more or less, or 152
square feet, more or less.
***
That part of Lot 7, except the West 10.0 feet thereof
conveyed to McHenry County, Illinois, by quit claim deed
recorded July 30, 2008 as document number 2008R0041806, in
Rosen Rosen Rosen Subdivision, being a subdivision of part of
the Northwest Quarter of Section 32, Township 43 North, Range 8
East of the Third Principal Meridian, according to the plat
thereof recorded July 26, 2001 as document number 2001R0052702,
in McHenry County, Illinois, bearings and distances are based
on the Illinois Coordinate System, NAD83(2011) East Zone, with

a combination factor of 0.9999373735, described as follows:
Commencing at the northwest corner of said Lot 7; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 64 degrees 39 minutes 47 seconds East along a northerly
line of said Lot 7, a distance of 11.33 feet to the east right
of way line of Randall Road recorded July 30, 2008 as document
number 2008R0041806; thence continuing North 64 degrees 39
minutes 47 seconds East along a northerly line of said Lot 7, a
distance of 4.03 feet to the point of beginning; thence South 2
degrees 47 minutes 42 seconds West, a distance of 43.98 feet to
a southerly line of said Lot 7; thence North 81 degrees 39
minutes 50 seconds East along a southerly line of said Lot 7, a
distance of 8.15 feet; thence North 2 degrees 47 minutes 42
seconds East, a distance of 46.68 feet to a northerly line of
said Lot 7; thence South 64 degrees 39 minutes 47 seconds West
along a northerly line of said Lot 7, a distance of 9.07 feet
to the point of beginning.
Said temporary easement containing 0.008 acre, more or
less, or 363 square feet, more or less.
Said temporary easement to be used for grading purposes.
***

That part of Lot 1, except that part conveyed to McHenry
County, Illinois, by quit claim deed recorded July 30, 2008 as
document number 2008R0041808, in Rubloff Oakridge Second
Resubdivision, being a resubdivision of Lot 4 in Rubloff
Oakridge Resubdivision in the Northeast Quarter of Section 31,
Township 43 North, Range 8 East of the Third Principal
Meridian, according to the plat of said Rubloff Oakridge Second
Resubdivision recorded November 1, 2002 as document number
2002R0100966, in McHenry County, Illinois, bearings and
distances are based on the Illinois Coordinate System, NAD
83(2011) East Zone, with a combination factor of 0.9999373735,
described as follows:
Beginning at the southwest corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
North 40 degrees 57 minutes 32 seconds East, a distance of
23.34 feet; thence North 2 degrees 09 minutes 13 seconds East,
a distance of 7.31 feet to the north line of said Lot 1; thence
South 89 degrees 47 minutes 46 seconds East along the north
line of said Lot 1, a distance of 5.06 feet to the west right of
way line of Randall Road recorded July 30, 2008 as document
number 2008R0041810; thence South 1 degree 27 minutes 52
seconds West along the said west right of way line of Randall
Road, a distance of 7.32 feet to a point of curvature on said
west right of way line; thence southwesterly 19.87 feet (19.88
feet, recorded) along the westerly right of way line of said

Randall Road on a curve to the right having a radius of 25.00
feet, the chord of said curve bears South 24 degrees 14 minutes
10 seconds West, 19.35 feet to the south line of said Lot 1;
thence North 89 degrees 47 minutes 46 seconds West along the
south line of said Lot 1, a distance of 12.50 feet to the point
of beginning.
Said parcel containing 0.005 acre, more or less, or 219
square feet, more or less.
***
That part of Lot 1 in Rosen Rosen Rosen Subdivision, being
a subdivision of part of the Northwest Quarter of Section 32,
Township 43 North, Range 8 East of the Third Principal
Meridian, according to the plat thereof recorded July 26, 2001
as document number 2001R0052702, in McHenry County, Illinois,
bearings and distances are based on the Illinois Coordinate
System, NAD 83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:
Commencing at the northwest corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 1 degree 27 minutes 52 seconds West along the west line
of said Lot 1, a distance of 159.55 feet to the point of
beginning; thence South 43 degrees 09 minutes 55 seconds East,

a distance of 70.65 feet; thence South 0 degrees 44 minutes 15
seconds West, a distance of 9.66 feet to the north right of way
line of Harnish Drive recorded July 30, 2008 as document number
2008R0041817; thence North 89 degrees 20 minutes 21 seconds
West along the said north right of way line of Harnish Drive, a
distance of 14.88 feet to the northeasterly right of way line
of Harnish Drive recorded July 30, 2008 as document number
2008R0041807; thence North 43 degrees 41 minutes 30 seconds
West along the said northeasterly right of way line of Harnish
Drive, a distance of 49.19 feet to the west line of said Lot 1;
thence North 1 degree 27 minutes 52 seconds East along the west
line of said Lot 1, a distance of 25.46 feet to the point of
beginning.
Said parcel containing 0.026 acre, more or less.
***
That part of Lot 1 in Rosen Rosen Rosen Subdivision, being
a subdivision of part of the Northwest Quarter of Section 32,
Township 43 North, Range 8 East of the Third Principal
Meridian, according to the plat thereof recorded July 26, 2001
as document number 2001R0052702, in McHenry County, Illinois,
bearings and distances are based on the Illinois Coordinate
System, NAD 83(2011) East Zone, with a combination factor of
0.9999373735, described as follows:

Beginning at the northwest corner of said Lot 1; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 1 degree 27 minutes 52 seconds West along the west line
of said Lot 1, a distance of 159.55 feet; thence South 43
degrees 09 minutes 55 seconds East, a distance of 70.65 feet;
thence South 0 degrees 44 minutes 15 seconds West, a distance
of 9.66 feet to the north right of way line of Harnish Drive
recorded July 30, 2008 as document number 2008R0041817; thence
South 89 degrees 20 minutes 21 seconds East along the said
north right of way line of Harnish Drive, a distance of 4.13
feet; thence North 0 degrees 44 minutes 15 seconds East, a
distance of 15.29 feet; thence North 43 degrees 41 minutes 30
seconds West, a distance of 68.41 feet; thence northerly 115.11
feet along a curve to the right having a radius of 24915.00
feet, the chord of said curve bears North 1 degree 49 minutes
12 seconds East, 115.11 feet; thence South 87 degrees 35
minutes 16 seconds East, a distance of 10.00 feet; thence North
2 degrees 17 minutes 50 seconds East, a distance of 40.96 feet
to the north line of said Lot 1; thence North 88 degrees 32
minutes 23 seconds West along the north line of said Lot 1, a
distance of 16.50 feet to the point of beginning.
Said temporary easement containing 0.042 acre, more or
less.

Said temporary easement to be used for construction
purposes.
***
That part of Lot 2 in Oakridge Harnish Resubdivision, being
a resubdivision of Lot 2 in Rosen Rosen Rosen Subdivision of
part of the Northwest Quarter of Section 32, Township 43 North,
Range 8 East of the Third Principal Meridian, according to the
plat of said Oakridge Harnish Resubdivision recorded October
20, 2005 as document number 2005R0089188, in McHenry County,
Illinois, bearings and distances are based on the Illinois
Coordinate System, NAD 83(2011) East Zone, with a combination
factor of 0.9999373735, described as follows:
Beginning at the northwest corner of said Lot 2; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 2 degrees 40 minutes 02 seconds West along the west line
of said Lot 2, a distance of 45.92 feet (45.49 feet, recorded)
to an angle point on the west line of Lot 2; thence South 1
degree 27 minutes 52 seconds West along the west line of said
Lot 2, a distance of 54.11 feet (54.52 feet, recorded) to the
southwest corner of Lot 2; thence South 88 degrees 32 minutes
23 seconds East along the south line of said Lot 2, a distance
of 16.50 feet; thence North 2 degrees 17 minutes 50 seconds
East, a distance of 99.67 feet to the north line of said Lot 2;

thence North 87 degrees 20 minutes 06 seconds West along the
north line of said Lot 2, a distance of 16.99 feet to the point
of beginning.
Said temporary easement containing 0.039 acre, more or
less.
Said temporary easement to be used for grading purposes.
***
That part of Lot 11 in Kaper's Business Center Unit 1,
being a subdivision of part of the West Half of the Southwest
Quarter of Section 29, Township 43 North, Range 8 East of the
Third Principal Meridian, according to the plat thereof
recorded June 4, 1997 as document number 97R025826, in McHenry
County, Illinois, bearings and distances are based on the
Illinois Coordinate System, NAD 83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Beginning at the northwest corner of said Lot 11; thence on
an Illinois Coordinate System NAD 83(2011) East Zone bearing of
South 0 degrees 04 minutes 06 seconds East along the west line
of said Lot 11, a distance of 118.49 feet to the southwest
corner of the grantor according to special warranty deed
recorded December 28, 2015 as document number 2015R0047895;

thence South 89 degrees 47 minutes 46 seconds East along the
south line of the grantor according to said special warranty
deed, a distance of 33.20 feet; thence North 0 degrees 01
minute 47 seconds East, a distance of 118.49 feet to the north
line of said Lot 11; thence North 89 degrees 47 minutes 46
seconds West along the north line of said Lot 11, a distance of
33.28 feet to the point of beginning.
Said parcel containing 0.091 acre, more or less.
***
That part of Lot 11 in Kaper's Business Center Unit 1,
being a subdivision of part of the West Half of the Southwest
Quarter of Section 29, Township 43 North, Range 8 East of the
Third Principal Meridian, according to the plat thereof
recorded June 4, 1997 as document number 97R025826, in McHenry
County, Illinois, bearings and distances are based on the
Illinois Coordinate System, NAD 83(2011) East Zone, with a
combination factor of 0.9999373735, described as follows:
Commencing at the northwest corner of said Lot 11; thence
on an Illinois Coordinate System NAD 83(2011) East Zone bearing
of South 0 degrees 04 minutes 06 seconds East along the west
line of said Lot 11, a distance of 118.49 feet to the southwest
corner of the grantor according to special warranty deed

recorded December 28, 2015 as document number 2015R0047895;
thence South 89 degrees 47 minutes 46 seconds East along the
south line of the grantor according to said special warranty
deed, a distance of 33.20 feet to the point of beginning;
thence North 0 degrees 01 minute 47 seconds West, a distance of
118.49 feet to the north line of said Lot 11; thence South 89
degrees 47 minutes 46 seconds East along the north line of said
Lot 11, a distance of 10.00 feet; thence South 0 degrees 01
minute 47 seconds East, a distance of 118.49 feet to the south
line of the grantor according to said special warranty deed;
thence North 89 degrees 47 minutes 46 seconds West along the
south line of the grantor according to said special warranty
deed, a distance of 10.00 feet to the point of beginning.
Said temporary easement containing 0.027 acre, more or
less.
Said temporary easement to be used for grading purposes.
(Source: P.A. 100-446, eff. 8-25-17; revised 11-6-17.)
Section 600. The Illinois Antitrust Act is amended by
changing Section 5 as follows:
(740 ILCS 10/5) (from Ch. 38, par. 60-5)
Sec. 5. No provisions of this Act shall be construed to
make illegal:

(1) the activities of any labor organization or of
individual members thereof which are directed solely to
labor objectives which are legitimate under the laws of
either the State of Illinois or the United States;
(2) the activities of any agricultural or
horticultural cooperative organization, whether
incorporated or unincorporated, or of individual members
thereof, which are directed solely to objectives of such
cooperative organizations which are legitimate under the
laws of either the State of Illinois or the United States;
(3) the activities of any public utility, as defined in
Section 3-105 of the Public Utilities Act to the extent
that such activities are subject to a clearly articulated
and affirmatively expressed State policy to replace
competition with regulation, where the conduct to be
exempted is actively supervised by the State itself;
(4) the The activities of a telecommunications
carrier, as defined in Section 13-202 of the Public
Utilities Act, to the extent those activities relate to the
provision of noncompetitive telecommunications services
under the Public Utilities Act and are subject to the
jurisdiction of the Illinois Commerce Commission or to the
activities of telephone mutual concerns referred to in
Section 13-202 of the Public Utilities Act to the extent
those activities relate to the provision and maintenance of
telephone service to owners and customers;

(5) the activities (including, but not limited to, the
making of or participating in joint underwriting or joint
reinsurance arrangement) of any insurer, insurance agent,
insurance broker, independent insurance adjuster or rating
organization to the extent that such activities are subject
to regulation by the Director of Insurance of this State
under, or are permitted or are authorized by, the Illinois
Insurance Code or any other law of this State;
(6) the religious and charitable activities of any
not-for-profit corporation, trust or organization
established exclusively for religious or charitable
purposes, or for both purposes;
(7) the activities of any not-for-profit corporation
organized to provide telephone service on a mutual or
co-operative basis or electrification on a co-operative
basis, to the extent such activities relate to the
marketing and distribution of telephone or electrical
service to owners and customers;
(8) the activities engaged in by securities dealers who
are (i) licensed by the State of Illinois or (ii) members
of the National Association of Securities Dealers or (iii)
members of any National Securities Exchange registered
with the Securities and Exchange Commission under the
Securities Exchange Act of 1934, as amended, in the course
of their business of offering, selling, buying and selling,
or otherwise trading in or underwriting securities, as

agent, broker, or principal, and activities of any National
Securities Exchange so registered, including the
establishment of commission rates and schedules of
charges;
(9) the activities of any board of trade designated as
a "contract market" by the Secretary of Agriculture of the
United States pursuant to Section 5 of the Commodity
Exchange Act, as amended;
(10) the activities of any motor carrier, rail carrier,
or common carrier by pipeline, as defined in the Common
Carrier by Pipeline Law of the Public Utilities Act, to the
extent that such activities are permitted or authorized by
the Act or are subject to regulation by the Illinois
Commerce Commission;
(11) the activities of any state or national bank to
the extent that such activities are regulated or supervised
by officers of the state or federal government under the
banking laws of this State or the United States;
(12) the activities of any state or federal savings and
loan association to the extent that such activities are
regulated or supervised by officers of the state or federal
government under the savings and loan laws of this State or
the United States;
(13) the activities of any bona fide not-for-profit
association, society or board, of attorneys, practitioners
of medicine, architects, engineers, land surveyors or real

estate brokers licensed and regulated by an agency of the
State of Illinois, in recommending schedules of suggested
fees, rates or commissions for use solely as guidelines in
determining charges for professional and technical
services;
(14) conduct Conduct involving trade or commerce
(other than import trade or import commerce) with foreign
nations unless:
(a) such conduct has a direct, substantial, and
reasonably foreseeable effect:
(i) on trade or commerce which is not trade or
commerce with foreign nations, or on import trade
or import commerce with foreign nations; or
(ii) on export trade or export commerce with
foreign nations of a person engaged in such trade
or commerce in the United States; and
(b) such effect gives rise to a claim under the
provisions of this Act, other than this subsection
(14).
(c) If this Act applies to conduct referred to in this
subsection (14) only because of the provisions of paragraph
(a)(ii), then this Act shall apply to such conduct only for
injury to export business in the United States which
affects this State; or
(15) the activities of a unit of local government or
school district and the activities of the employees, agents

and officers of a unit of local government or school
district.
(Source: P.A. 90-185, eff. 7-23-97; 90-561, eff. 12-16-97;
revised 10-6-17.)
Section 605. The Premises Liability Act is amended by
changing Section 4 as follows:
(740 ILCS 130/4) (from Ch. 80, par. 304)
Sec. 4. Notwithstanding this Act, the liability of any
owner or occupier of a premises to anyone who enters or uses
those premises for a recreational purpose, as defined by the
Recreational Use of Land and Water Areas Act "An Act to limit
the liability of landowners who make their land and water area
available to the public for recreational purposes", approved
August 2, 1965, as now or hereafter amended, is governed by
that Act.
(Source: P.A. 83-1398; revised 10-6-17.)
Section 610. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 505 as follows:
(750 ILCS 5/505) (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, dissolution

of a civil union, a proceeding for child support following
dissolution of the marriage or civil union by a court that
lacked personal jurisdiction over the absent spouse, a
proceeding for modification of a previous order for child
support under Section 510 of this Act, or any proceeding
authorized under Section 501 or 601 of this Act, the court may
order either or both parents owing a duty of support to a child
of the marriage or civil union to pay an amount reasonable and
necessary for support. The duty of support owed to a child
includes the obligation to provide for the reasonable and
necessary physical, mental and emotional health needs of the
child. For purposes of this Section, the term "child" shall
include any child under age 18 and any child age 19 or younger
who is still attending high school. For purposes of this
Section, the term "obligor" means the parent obligated to pay
support to the other parent.
(1) Child support guidelines. The Illinois Department
of Healthcare and Family Services shall adopt rules
establishing child support guidelines which include
worksheets to aid in the calculation of the child support
obligations and a schedule of basic child support
obligations that reflects the percentage of combined net
income that parents living in the same household in this
State ordinarily spend on their child. The child support
guidelines have the following purposes:
(A) to establish as State policy an adequate

standard of support for a child, subject to the ability
of parents to pay;
(B) to make child support obligations more
equitable by ensuring more consistent treatment of
parents in similar circumstances;
(C) to improve the efficiency of the court process
by promoting settlements and giving courts and the
parties guidance in establishing levels of child
support;
(D) to calculate child support based upon the
parents' combined net income estimated to have been
allocated for the support of the child if the parents
and child were living in an intact household;
(E) to adjust child support based upon the needs of
the child; and
(F) to allocate the amount of child support to be
paid by each parent based upon a parent's net income
and the child's physical care arrangements.
(1.5) Computation of basic child support obligation.
The court shall compute the basic child support obligation
by taking the following steps:
(A) determine each parent's monthly net income;
(B) add the parents' monthly net incomes together
to determine the combined monthly net income of the
parents;
(C) select the corresponding appropriate amount

from the schedule of basic child support obligations
based on the parties' combined monthly net income and
number of children of the parties; and
(D) calculate each parent's percentage share of
the basic child support obligation.
Although a monetary obligation is computed for each
parent as child support, the receiving parent's share is
not payable to the other parent and is presumed to be spent
directly on the child.
(2) Duty of support. The court shall determine child
support in each case by applying the child support
guidelines unless the court makes a finding that
application of the guidelines would be inappropriate,
after considering the best interests of the child and
evidence which shows relevant factors including, but not
limited to, one or more of the following:
(A) the financial resources and needs of the child;
(B) the financial resources and needs of the
parents;
(C) the standard of living the child would have
enjoyed had the marriage or civil union not been
dissolved; and
(D) the physical and emotional condition of the
child and his or her educational needs.
(3) Income.
(A) As used in this Section, "gross income" means

the total of all income from all sources, except "gross
income" does not include (i) benefits received by the
parent from means-tested public assistance programs,
including, but not limited to, Temporary Assistance
for to Needy Families, Supplemental Security Income,
and the Supplemental Nutrition Assistance Program or
(ii) benefits and income received by the parent for
other children in the household, including, but not
limited to, child support, survivor benefits, and
foster care payments. Social security disability and
retirement benefits paid for the benefit of the subject
child must be included in the disabled or retired
parent's gross income for purposes of calculating the
parent's child support obligation, but the parent is
entitled to a child support credit for the amount of
benefits paid to the other party for the child. "Gross
income" also includes spousal maintenance received
pursuant to a court order in the pending proceedings or
any other proceedings that must be included in the
recipient's gross income for purposes of calculating
the parent's child support obligation.
(B) As used in this Section, "net income" means
gross income minus either the standardized tax amount
calculated pursuant to subparagraph (C) of this
paragraph (3) or the individualized tax amount
calculated pursuant to subparagraph (D) of this

paragraph (3), and minus any adjustments pursuant to
subparagraph (F) of this paragraph (3). The
standardized tax amount shall be used unless the
requirements for an individualized tax amount set
forth in subparagraph (E) of this paragraph (3) are
met.
(C) As used in this Section, "standardized tax
amount" means the total of federal and state income
taxes for a single person claiming the standard tax
deduction, one personal exemption, and the applicable
number of dependency exemptions for the minor child or
children of the parties, and Social Security and
Medicare tax calculated at the Federal Insurance
Contributions Act rate.
(I) Unless a court has determined otherwise or
the parties otherwise agree, the party with the
majority of parenting time shall be deemed
entitled to claim the dependency exemption for the
parties' minor child.
(II) The Illinois Department of Healthcare and
Family Services shall promulgate a standardized
net income conversion table that computes net
income by deducting the standardized tax amount
from gross income.
(D) As used in this Section, "individualized tax
amount" means the aggregate of the following taxes:

(I) federal income tax (properly calculated
withholding or estimated payments);
(II) State income tax (properly calculated
withholding or estimated payments); and
(III) Social Security or self-employment tax,
if applicable (or, if none, mandatory retirement
contributions required by law or as a condition of
employment) and Medicare tax calculated at the
Federal Insurance Contributions Act rate.
(E) In lieu of a standardized tax amount, a
determination of an individualized tax amount may be
made under items (I), (II), or (III) below. If an
individualized tax amount determination is made under
this subparagraph (E), all relevant tax attributes
(including filing status, allocation of dependency
exemptions, and whether a party is to claim the
standard deduction or itemized deductions for federal
income tax purposes) shall be as the parties agree or
as the court determines. To determine a party's
reported income, the court may order the party to
complete an Internal Revenue Service Form 4506-T,
Request for Tax Transcript.
(I) Agreement. Irrespective of whether the
parties agree on any other issue before the court,
if they jointly stipulate for the record their
concurrence on a computation method for the

individualized tax amount that is different from
the method set forth under subparagraph (D), the
stipulated method shall be used by the court unless
the court rejects the proposed stipulated method
for good cause.
(II) Summary hearing. If the court determines
child support in a summary hearing under Section
501 and an eligible party opts in to the
individualized tax amount method under this item
(II), the individualized tax amount shall be
determined by the court on the basis of information
contained in one or both parties' Supreme Court
approved Financial Affidavit (Family & Divorce
Cases) and relevant supporting documents under
applicable court rules. No party, however, is
eligible to opt in unless the party, under
applicable court rules, has served the other party
with the required Supreme Court approved Financial
Affidavit (Family & Divorce Cases) and has
substantially produced supporting documents
required by the applicable court rules.
(III) Evidentiary hearing. If the court
determines child support in an evidentiary
hearing, whether for purposes of a temporary order
or at the conclusion of a proceeding, item (II) of
this subparagraph (E) does not apply. In each such

case (unless item (I) governs), the individualized
tax amount shall be as determined by the court on
the basis of the record established.
(F) Adjustments to income.
(I) Multi-family adjustment. If a parent is
also legally responsible for support of a child not
shared with the other parent and not subject to the
present proceeding, there shall be an adjustment
to net income as follows:
(i) Multi-family adjustment with court
order. The court shall deduct from the parent's
net income the amount of child support actually
paid by the parent pursuant to a support order
unless the court makes a finding that it would
cause economic hardship to the child.
(ii) Multi-family adjustment without court
order. Upon the request or application of a
parent actually supporting a presumed,
acknowledged, or adjudicated child living in
or outside of that parent's household, there
shall be an adjustment to child support. The
court shall deduct from the parent's net income
the amount of financial support actually paid
by the parent for the child or 75% of the
support the parent should pay under the child
support guidelines (before this adjustment),

whichever is less, unless the court makes a
finding that it would cause economic hardship
to the child. The adjustment shall be
calculated using that parent's income alone.
(II) Spousal Maintenance adjustment.
Obligations pursuant to a court order for spousal
maintenance in the pending proceeding actually
paid or payable to the same party to whom child
support is to be payable or actually paid to a
former spouse pursuant to a court order shall be
deducted from the parent's gross income.
(3.1) Business income. For purposes of calculating
child support, net business income from the operation of a
business means gross receipts minus ordinary and necessary
expenses required to carry on the trade or business. As
used in this paragraph, "business" includes, but is not
limited to, sole proprietorships, closely held
corporations, partnerships, other flow-through business
entities, and self-employment. The court shall apply the
following:
(A) The accelerated component of depreciation and
any business expenses determined either judicially or
administratively to be inappropriate or excessive
shall be excluded from the total of ordinary and
necessary business expenses to be deducted in the
determination of net business income from gross

business income.
(B) Any item of reimbursement or in-kind payment
received by a parent from a business, including, but
not limited to, a company car, reimbursed meals, free
housing, or a housing allowance, shall be counted as
income if not otherwise included in the recipient's
gross income, if the item is significant in amount and
reduces personal expenses.
(3.2) Unemployment or underemployment. If a parent is
voluntarily unemployed or underemployed, child support
shall be calculated based on a determination of potential
income. A determination of potential income shall be made
by determining employment potential and probable earnings
level based on the obligor's work history, occupational
qualifications, prevailing job opportunities, the
ownership by a parent of a substantial non-income producing
asset, and earnings levels in the community. If there is
insufficient work history to determine employment
potential and probable earnings level, there shall be a
rebuttable presumption that the parent's potential income
is 75% of the most recent United States Department of
Health and Human Services Federal Poverty Guidelines for a
family of one person.
(3.3) Rebuttable presumption in favor of guidelines.
There is a rebuttable presumption in any judicial or
administrative proceeding for child support that the

amount of the child support obligation that would result
from the application of the child support guidelines is the
correct amount of child support.
(3.3a) Minimum child support obligation. There is a
rebuttable presumption that a minimum child support
obligation of $40 per month, per child, will be entered for
an obligor who has actual or imputed gross income at or
less than 75% of the most recent United States Department
of Health and Human Services Federal Poverty Guidelines for
a family of one person, with a maximum total child support
obligation for that obligor of $120 per month to be divided
equally among all of the obligor's children.
(3.3b) Zero dollar child support order. For parents
with no gross income, who receive only means-tested
assistance, or who cannot work due to a medically proven
disability, incarceration, or institutionalization, there
is a rebuttable presumption that the $40 per month minimum
support order is inapplicable and a zero dollar order shall
be entered.
(3.4) Deviation factors. In any action to establish or
modify child support, whether pursuant to a temporary or
final administrative or court order, the child support
guidelines shall be used as a rebuttable presumption for
the establishment or modification of the amount of child
support. The court may deviate from the child support
guidelines if the application would be inequitable,

unjust, or inappropriate. Any deviation from the
guidelines shall be accompanied by written findings by the
court specifying the reasons for the deviation and the
presumed amount under the child support guidelines without
a deviation. These reasons may include:
(A) extraordinary medical expenditures necessary
to preserve the life or health of a party or a child of
either or both of the parties;
(B) additional expenses incurred for a child
subject to the child support order who has special
medical, physical, or developmental needs; and
(C) any other factor the court determines should be
applied upon a finding that the application of the
child support guidelines would be inappropriate, after
considering the best interest of the child.
(3.5) Income in excess of the schedule of basic child
support obligation. A court may use its discretion to
determine child support if the combined adjusted net income
of the parties exceeds the highest level of the schedule of
basic child support obligation, except that the basic child
support obligation shall not be less than the highest level
of combined net income set forth in the schedule of basic
child support obligation.
(3.6) Extracurricular activities and school expenses.
The court, in its discretion, in addition to the basic
child support obligation, may order either or both parents

owing a duty of support to the child to contribute to the
reasonable school and extracurricular activity expenses
incurred which are intended to enhance the educational,
athletic, social, or cultural development of the child.
(3.7) Child care expenses. The court, in its
discretion, in addition to the basic child support
obligation, may order either or both parents owing a duty
of support to the child to contribute to the reasonable
child care expenses of the child. The child care expenses
shall be made payable directly to a party or directly to
the child care provider at the time of child care services.
(A) "Child care expenses" means actual expenses
reasonably necessary to enable a parent or non-parent
custodian to be employed, to attend educational or
vocational training programs to improve employment
opportunities, or to search for employment. "Child
care expenses" also includes deposits for securing
placement in a child care program, the cost of before
and after school care, and camps when school is not in
session. A child's special needs shall be a
consideration in determining reasonable child care
expenses.
(B) Child care expenses shall be prorated in
proportion to each parent's percentage share of
combined net income, and may be added to the basic
child support obligation if not paid directly by each

parent to the provider of child care services. The
obligor's and obligee's portion of actual child care
expenses shall appear in the support order. If allowed,
the value of the federal income tax credit for child
care shall be subtracted from the actual cost to
determine the net child care costs.
(C) The amount of child care expenses shall be
adequate to obtain reasonable and necessary child
care. The actual child care expenses shall be used to
calculate the child care expenses, if available. When
actual child care expenses vary, the actual child care
expenses may be averaged over the most recent 12-month
period. When a parent is temporarily unemployed or
temporarily not attending educational or vocational
training programs, future child care expenses shall be
based upon prospective expenses to be incurred upon
return to employment or educational or vocational
training programs.
(D) An order for child care expenses may be
modified upon a showing of a substantial change in
circumstances. The party incurring child care expenses
shall notify the other party within 14 days of any
change in the amount of child care expenses that would
affect the annualized child care amount as determined
in the support order.
(3.8) Shared physical care. If each parent exercises

146 or more overnights per year with the child, the basic
child support obligation is multiplied by 1.5 to calculate
the shared care child support obligation. The court shall
determine each parent's share of the shared care child
support obligation based on the parent's percentage share
of combined net income. The child support obligation is
then computed for each parent by multiplying that parent's
portion of the shared care support obligation by the
percentage of time the child spends with the other parent.
The respective child support obligations are then offset,
with the parent owing more child support paying the
difference between the child support amounts. The Illinois
Department of Healthcare and Family Services shall
promulgate a worksheet to calculate child support in cases
in which the parents have shared physical care and use the
standardized tax amount to determine net income.
(3.9) Split physical care. When there is more than one
child and each parent has physical care of at least one but
not all of the children, the support is calculated by using
2 child support worksheets to determine the support each
parent owes the other. The support shall be calculated as
follows:
(A) compute the support the first parent would owe
to other parent as if the child in his or her care was
the only child of the parties; then
(B) compute the support the other parent would owe

to the first parent as if the child in his or her care
were the only child of the parties; then
(C) subtract the lesser support obligation from
the greater.
The parent who owes the greater obligation shall be
ordered to pay the difference in support to the other
parent, unless the court determines, pursuant to other
provisions of this Section, that it should deviate from the
guidelines.
(4) Health care.
(A) A portion of the basic child support obligation
is intended to cover basic ordinary out-of-pocket
medical expenses. The court, in its discretion, in
addition to the basic child support obligation, shall
also provide for the child's current and future medical
needs by ordering either or both parents to initiate
health insurance coverage for the child through
currently effective health insurance policies held by
the parent or parents, purchase one or more or all
health, dental, or vision insurance policies for the
child, or provide for the child's current and future
medical needs through some other manner.
(B) The court, in its discretion, may order either
or both parents to contribute to the reasonable health
care needs of the child not covered by insurance,
including, but not limited to, unreimbursed medical,

dental, orthodontic, or vision expenses and any
prescription medication for the child not covered
under the child's health insurance.
(C) If neither parent has access to appropriate
private health insurance coverage, the court may
order:
(I) one or both parents to provide health
insurance coverage at any time it becomes
available at a reasonable cost; or
(II) the parent or non-parent custodian with
primary physical responsibility for the child to
apply for public health insurance coverage for the
child and require either or both parents to pay a
reasonable amount of the cost of health insurance
for the child.
The order may also provide that any time private
health insurance coverage is available at a reasonable
cost to that party it will be provided instead of cash
medical support. As used in this Section, "cash medical
support" means an amount ordered to be paid toward the
cost of health insurance provided by a public entity or
by another person through employment or otherwise or
for other medical costs not covered by insurance.
(D) The amount to be added to the basic child
support obligation shall be the actual amount of the
total health insurance premium that is attributable to

the child who is the subject of the order. If this
amount is not available or cannot be verified, the
total cost of the health insurance premium shall be
divided by the total number of persons covered by the
policy. The cost per person derived from this
calculation shall be multiplied by the number of
children who are the subject of the order and who are
covered under the health insurance policy. This amount
shall be added to the basic child support obligation
and shall be allocated between the parents in
proportion to their respective net incomes.
(E) After the health insurance premium for the
child is added to the basic child support obligation
and allocated between the parents in proportion to
their respective incomes for child support purposes,
if the obligor is paying the premium, the amount
calculated for the obligee's share of the health
insurance premium for the child shall be deducted from
the obligor's share of the total child support
obligation. If the obligee is paying for private health
insurance for the child, the child support obligation
shall be increased by the obligor's share of the
premium payment. The obligor's and obligee's portion
of health insurance costs shall appear in the support
order.
(F) Prior to allowing the health insurance

adjustment, the parent requesting the adjustment must
submit proof that the child has been enrolled in a
health insurance plan and must submit proof of the cost
of the premium. The court shall require the parent
receiving the adjustment to annually submit proof of
continued coverage of the child to the other parent, or
as designated by the court.
(G) A reasonable cost for providing health
insurance coverage for the child may not exceed 5% of
the providing parent's gross income. Parents with a net
income below 133% of the most recent United States
Department of Health and Human Services Federal
Poverty Guidelines or whose child is covered by
Medicaid based on that parent's income may not be
ordered to contribute toward or provide private
coverage, unless private coverage is obtainable
without any financial contribution by that parent.
(H) If dental or vision insurance is included as
part of the employer's medical plan, the coverage shall
be maintained for the child. If not included in the
employer's medical plan, adding the dental or vision
insurance for the child is at the discretion of the
court.
(I) If a parent has been directed to provide health
insurance pursuant to this paragraph and that parent's
spouse or legally recognized partner provides the

insurance for the benefit of the child either directly
or through employment, a credit on the child support
worksheet shall be given to that parent in the same
manner as if the premium were paid by that parent.
(4.5) In a proceeding for child support following
dissolution of the marriage or civil union by a court that
lacked personal jurisdiction over the absent spouse, and in
which the court is requiring payment of support for the
period before the date an order for current support is
entered, there is a rebuttable presumption that the
obligor's net income for the prior period was the same as
his or her net income at the time the order for current
support is entered.
(5) If the net income cannot be determined because of
default or any other reason, the court shall order support
in an amount considered reasonable in the particular case.
The final order in all cases shall state the support level
in dollar amounts. However, if the court finds that the
child support amount cannot be expressed exclusively as a
dollar amount because all or a portion of the obligor's net
income is uncertain as to source, time of payment, or
amount, the court may order a percentage amount of support
in addition to a specific dollar amount and enter such
other orders as may be necessary to determine and enforce,
on a timely basis, the applicable support ordered.
(6) If (i) the obligor was properly served with a

request for discovery of financial information relating to
the obligor's ability to provide child support, (ii) the
obligor failed to comply with the request, despite having
been ordered to do so by the court, and (iii) the obligor
is not present at the hearing to determine support despite
having received proper notice, then any relevant financial
information concerning the obligor's ability to provide
child support that was obtained pursuant to subpoena and
proper notice shall be admitted into evidence without the
need to establish any further foundation for its admission.
(a-5) In an action to enforce an order for child support
based on the obligor's failure to make support payments as
required by the order, notice of proceedings to hold the
obligor in contempt for that failure may be served on the
obligor by personal service or by regular mail addressed to the
last known address of the obligor. The last known address of
the obligor may be determined from records of the clerk of the
court, from the Federal Case Registry of Child Support Orders,
or by any other reasonable means.
(b) Failure of either parent to comply with an order to pay
support shall be punishable as in other cases of contempt. In
addition to other penalties provided by law the court may,
after finding the parent guilty of contempt, order that the
parent be:
(1) placed on probation with such conditions of
probation as the court deems advisable;

(2) sentenced to periodic imprisonment for a period not
to exceed 6 months; provided, however, that the court may
permit the parent to be released for periods of time during
the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
The court may further order any part or all of the earnings
of a parent during a sentence of periodic imprisonment paid to
the Clerk of the Circuit Court or to the parent having physical
possession of the child or to the non-parent custodian having
custody of the child of the sentenced parent for the support of
the child until further order of the court.
If a parent who is found guilty of contempt for failure to
comply with an order to pay support is a person who conducts a
business or who is self-employed, the court in addition to
other penalties provided by law may order that the parent do
one or more of the following: (i) provide to the court monthly
financial statements showing income and expenses from the
business or the self-employment; (ii) seek employment and
report periodically to the court with a diary, listing, or
other memorandum of his or her employment search efforts; or
(iii) report to the Department of Employment Security for job
search services to find employment that will be subject to
withholding for child support.
If there is a unity of interest and ownership sufficient to

render no financial separation between an obligor and another
person or persons or business entity, the court may pierce the
ownership veil of the person, persons, or business entity to
discover assets of the obligor held in the name of that person,
those persons, or that business entity. The following
circumstances are sufficient to authorize a court to order
discovery of the assets of a person, persons, or business
entity and to compel the application of any discovered assets
toward payment on the judgment for support:
(1) the obligor and the person, persons, or business
entity maintain records together.
(2) the obligor and the person, persons, or business
entity fail to maintain an arm's length relationship
between themselves with regard to any assets.
(3) the obligor transfers assets to the person,
persons, or business entity with the intent to perpetrate a
fraud on the obligee.
With respect to assets which are real property, no order
entered under this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other lien
holders who acquire their interests in the property prior to
the time a notice of lis pendens pursuant to the Code of Civil
Procedure or a copy of the order is placed of record in the
office of the recorder of deeds for the county in which the
real property is located.
The court may also order in cases where the parent is 90

days or more delinquent in payment of support or has been
adjudicated in arrears in an amount equal to 90 days obligation
or more, that the parent's Illinois driving privileges be
suspended until the court determines that the parent is in
compliance with the order of support. The court may also order
that the parent be issued a family financial responsibility
driving permit that would allow limited driving privileges for
employment and medical purposes in accordance with Section
7-702.1 of the Illinois Vehicle Code. The Clerk of the Circuit
Court shall certify the order suspending the driving privileges
of the parent or granting the issuance of a family financial
responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary of State. Upon receipt of the
authenticated documents, the Secretary of State shall suspend
the parent's driving privileges until further order of the
court and shall, if ordered by the court, subject to the
provisions of Section 7-702.1 of the Illinois Vehicle Code,
issue a family financial responsibility driving permit to the
parent.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 15 of the Non-Support
Punishment Act may be prosecuted under that Act, and a person
convicted under that Act may be sentenced in accordance with
that Act. The sentence may include but need not be limited to a
requirement that the person perform community service under

Section 50 of that Act or participate in a work alternative
program under Section 50 of that Act. A person may not be
required to participate in a work alternative program under
Section 50 of that Act if the person is currently participating
in a work program pursuant to Section 505.1 of this Act.
A support obligation, or any portion of a support
obligation, which becomes due and remains unpaid as of the end
of each month, excluding the child support that was due for
that month to the extent that it was not paid in that month,
shall accrue simple interest as set forth in Section 12-109 of
the Code of Civil Procedure. An order for support entered or
modified on or after January 1, 2006 shall contain a statement
that a support obligation required under the order, or any
portion of a support obligation required under the order, that
becomes due and remains unpaid as of the end of each month,
excluding the child support that was due for that month to the
extent that it was not paid in that month, shall accrue simple
interest as set forth in Section 12-109 of the Code of Civil
Procedure. Failure to include the statement in the order for
support does not affect the validity of the order or the
accrual of interest as provided in this Section.
(c) A one-time charge of 20% is imposable upon the amount
of past-due child support owed on July 1, 1988 which has
accrued under a support order entered by the court. The charge
shall be imposed in accordance with the provisions of Section
10-21 of the Illinois Public Aid Code and shall be enforced by

the court upon petition.
(d) Any new or existing support order entered by the court
under this Section shall be deemed to be a series of judgments
against the person obligated to pay support thereunder, each
such judgment to be in the amount of each payment or
installment of support and each such judgment to be deemed
entered as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each such
judgment shall have the full force, effect and attributes of
any other judgment of this State, including the ability to be
enforced. Notwithstanding any other State or local law to the
contrary, a lien arises by operation of law against the real
and personal property of the obligor for each installment of
overdue support owed by the obligor.
(e) When child support is to be paid through the Clerk of
the Court in a county of 1,000,000 inhabitants or less, the
order shall direct the obligor to pay to the Clerk, in addition
to the child support payments, all fees imposed by the county
board under paragraph (3) of subsection (u) of Section 27.1 of
the Clerks of Courts Act. Unless paid pursuant to an Income
Withholding Order/Notice for Support, the payment of the fee
shall be by payment acceptable to the clerk and shall be made
to the order of the Clerk.
(f) All orders for support, when entered or modified, shall
include a provision requiring the obligor to notify the court
and, in cases in which a party is receiving child and spouse

services under Article X of the Illinois Public Aid Code, the
Department of Healthcare and Family Services, within 7 days,
(i) of the name and address of any new employer of the obligor,
(ii) whether the obligor has access to health insurance
coverage through the employer or other group coverage and, if
so, the policy name and number and the names of persons covered
under the policy, except only the initials of any covered
minors shall be included, and (iii) of any new residential or
mailing address or telephone number of the obligor. In any
subsequent action to enforce a support order, upon a sufficient
showing that a diligent effort has been made to ascertain the
location of the obligor, service of process or provision of
notice necessary in the case may be made at the last known
address of the obligor in any manner expressly provided by the
Code of Civil Procedure or this Act, which service shall be
sufficient for purposes of due process.
(g) An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered by
the order will attain the age of 18. However, if the child will
not graduate from high school until after attaining the age of
18, then the termination date shall be no earlier than the
earlier of the date on which the child's high school graduation
will occur or the date on which the child will attain the age
of 19. The order for support shall state that the termination
date does not apply to any arrearage that may remain unpaid on

that date. Nothing in this subsection shall be construed to
prevent the court from modifying the order or terminating the
order in the event the child is otherwise emancipated.
(g-5) If there is an unpaid arrearage or delinquency (as
those terms are defined in the Income Withholding for Support
Act) equal to at least one month's support obligation on the
termination date stated in the order for support or, if there
is no termination date stated in the order, on the date the
child attains the age of majority or is otherwise emancipated,
the periodic amount required to be paid for current support of
that child immediately prior to that date shall automatically
continue to be an obligation, not as current support but as
periodic payment toward satisfaction of the unpaid arrearage or
delinquency. That periodic payment shall be in addition to any
periodic payment previously required for satisfaction of the
arrearage or delinquency. The total periodic amount to be paid
toward satisfaction of the arrearage or delinquency may be
enforced and collected by any method provided by law for
enforcement and collection of child support, including but not
limited to income withholding under the Income Withholding for
Support Act. Each order for support entered or modified on or
after January 1, 2005 (the effective date of Public Act
93-1061) this amendatory Act of the 93rd General Assembly must
contain a statement notifying the parties of the requirements
of this subsection. Failure to include the statement in the
order for support does not affect the validity of the order or

the operation of the provisions of this subsection with regard
to the order. This subsection shall not be construed to prevent
or affect the establishment or modification of an order for
support of a minor child or the establishment or modification
of an order for support of a non-minor child or educational
expenses under Section 513 of this Act.
(h) An order entered under this Section shall include a
provision requiring either parent to report to the other parent
and to the Clerk of Court within 10 days each time either
parent obtains new employment, and each time either parent's
employment is terminated for any reason. The report shall be in
writing and shall, in the case of new employment, include the
name and address of the new employer. Failure to report new
employment or the termination of current employment, if coupled
with nonpayment of support for a period in excess of 60 days,
is indirect criminal contempt. For either parent arrested for
failure to report new employment bond shall be set in the
amount of the child support that should have been paid during
the period of unreported employment. An order entered under
this Section shall also include a provision requiring either
obligor and obligee to advise the other of a change in
residence within 5 days of the change except when the court
finds that the physical, mental, or emotional health of a party
or that of a child, or both, would be seriously endangered by
disclosure of the party's address.
(i) The court does not lose the powers of contempt,

driver's license suspension, or other child support
enforcement mechanisms, including, but not limited to,
criminal prosecution as set forth in this Act, upon the
emancipation of the minor child.
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 99-764,
eff. 7-1-17; 100-15, eff. 7-1-17; revised 10-6-17.)
Section 615. The Adoption Act is amended by changing
Sections 4.1 and 18.5 as follows:
(750 ILCS 50/4.1) (from Ch. 40, par. 1506)
Sec. 4.1. Adoption between multiple jurisdictions. It is
the public policy of this State to promote child welfare in
adoption between multiple jurisdictions by implementing
standards that foster permanency for children in an expeditious
manner while considering the best interests of the child as
paramount. Ensuring that standards for interjurisdictional
adoption are clear and applied consistently, efficiently, and
reasonably will promote the best interests of the child in
finding a permanent home.
(a) The Department of Children and Family Services shall
promulgate rules regarding the approval and regulation of
agencies providing, in this State, adoption services, as
defined in Section 2.24 of the Child Care Act of 1969, which
shall include, but not be limited to, a requirement that any
agency shall be licensed in this State as a child welfare

agency as defined in Section 2.08 of the Child Care Act of
1969. Any out-of-state agency, if not licensed in this State as
a child welfare agency, must obtain the approval of the
Department in order to act as a sending agency, as defined in
Section 1 of the Interstate Compact on Placement of Children
Act, seeking to place a child into this State through a
placement subject to the Interstate Compact on the Placement of
Children. An out-of-state agency, if not licensed in this State
as a child welfare agency, is prohibited from providing in this
State adoption services, as defined by Section 2.24 of the
Child Care Act of 1969; shall comply with Section 12C-70 of the
Criminal Code of 2012; and shall provide all of the following
to the Department:
(1) A copy of the agency's current license or other
form of authorization from the approving authority in the
agency's state. If no license or authorization is issued,
the agency must provide a reference statement, from the
approving authority, stating that the agency is authorized
to place children in foster care or adoption or both in its
jurisdiction.
(2) A description of the program, including home
studies, placements, and supervisions, that the child
placing agency conducts within its geographical area, and,
if applicable, adoptive placements and the finalization of
adoptions. The child placing agency must accept continued
responsibility for placement planning and replacement if

the placement fails.
(3) Notification to the Department of any significant
child placing agency changes after approval.
(4) Any other information the Department may require.
The rules shall also provide that any agency that places
children for adoption in this State may not, in any policy or
practice relating to the placement of children for adoption,
discriminate against any child or prospective adoptive parent
on the basis of race.
(a-5) (Blank).
(b) Interstate adoptions.
(1) All interstate adoption placements under this Act
shall comply with the Child Care Act of 1969 and the
Interstate Compact on the Placement of Children. The
placement of children with relatives by the Department of
Children and Family Services shall also comply with
subsection (b) of Section 7 of the Children and Family
Services Act. The Department may promulgate rules to
implement interstate adoption placements, including those
requirements set forth in this Section.
(2) If an adoption is finalized prior to bringing or
sending a child to this State, compliance with the
Interstate Compact on the Placement of Children is not
required.
(3) Approval requirements. The Department shall
promulgate procedures for interstate adoption placements

of children under this Act. No later than September 24,
2017 (30 days after the effective date of Public Act
100-344) this amendatory Act of the 100th General Assembly,
the Department shall distribute a written list of all
preadoption pre-adoption approval requirements to all
Illinois licensed child welfare agencies performing
adoption services, and all out-of-state agencies approved
under this Section, and shall post the requirements on the
Department's website. The Department may not require any
further preadoption pre-adoption requirements other than
those set forth in the procedures required under this
paragraph. The procedures shall reflect the standard of
review as stated in the Interstate Compact on the Placement
of Children and approval shall be given by the Department
if the placement appears not to be contrary to the best
interests of the child.
(4) Time for review and decision. In all cases where
the child to be placed is not a youth in care in Illinois
or any other state, a provisional or final approval for
placement shall be provided in writing from the Department
in accordance with the Interstate Compact on the Placement
of Children. Approval or denial of the placement must be
given by the Department as soon as practicable, but in no
event more than 3 business days of the receipt of the
completed referral packet by the Department's Interstate
Compact Administrator. Receipt of the packet shall be

evidenced by the packet's arrival at the address designated
by the Department to receive such referrals. The written
decision to approve or deny the placement shall be
communicated in an expeditious manner, including, but not
limited to, electronic means referenced in paragraph
(b)(7) of this Section, and shall be provided to all
Illinois licensed child welfare agencies involved in the
placement, all out-of-state child placing agencies
involved in the placement, and all attorneys representing
the prospective adoptive parent or biological parent. If,
during its initial review of the packet, the Department
believes there are any incomplete or missing documents, or
missing information, as required in paragraph (b)(3), the
Department shall, as soon as practicable, but in no event
more than 2 business days of receipt of the packet,
communicate a list of any incomplete or missing documents
and information to all Illinois licensed child welfare
agencies involved in the placement, all out-of-state child
placing agencies involved in the placement, and all
attorneys representing the adoptive parent or biological
parent. This list shall be communicated in an expeditious
manner, including, but not limited to, electronic means
referenced in paragraph (b)(7) of this Section.
(5) Denial of approval. In all cases where the child to
be placed is not a youth in the care of any state, if the
Department denies approval of an interstate placement, the

written decision referenced in paragraph (b)(4) of this
Section shall set forth the reason or reasons why the
placement was not approved and shall reference which
requirements under paragraph (b)(3) of this Section were
not met. The written decision shall be communicated in an
expeditious manner, including, but not limited to,
electronic means referenced in paragraph (b)(7) of this
Section, to all Illinois licensed child welfare agencies
involved in the placement, all out-of-state child placing
agencies involved in the placement, and all attorneys
representing the prospective adoptive parent or biological
parent.
(6) Provisional approval. Nothing in paragraphs (b)(3)
through (b)(5) of this Section shall preclude the
Department from issuing provisional approval of the
placement pending receipt of any missing or incomplete
documents or information.
(7) Electronic communication. All communications
concerning an interstate placement made between the
Department and an Illinois licensed child welfare agency,
an out-of-state child placing agency, and attorneys
representing the prospective adoptive parent or biological
parent, including the written communications referenced in
this Section, may be made through any type of electronic
means, including, but not limited to, electronic mail.
(c) Intercountry adoptions. The adoption of a child, if the

child is a habitual resident of a country other than the United
States and the petitioner is a habitual resident of the United
States, or, if the child is a habitual resident of the United
States and the petitioner is a habitual resident of a country
other than the United States, shall comply with the
Intercountry Adoption Act of 2000, as amended, and the
Immigration and Nationality Act, as amended. In the case of an
intercountry adoption that requires oversight by the adoption
services governed by the Intercountry Adoption Universal
Accreditation Act of 2012, this State shall not impose any
additional preadoption requirements.
(d) (Blank).
(e) Re-adoption after an intercountry adoption.
(1) Any time after a minor child has been adopted in a
foreign country and has immigrated to the United States,
the adoptive parent or parents of the child may petition
the court for a judgment of adoption to re-adopt the child
and confirm the foreign adoption decree.
(2) The petitioner must submit to the court one or more
of the following to verify the foreign adoption:
(i) an immigrant visa for the child issued by
United States Citizenship and Immigration Services of
the U.S. Department of Homeland Security that was valid
at the time of the child's immigration;
(ii) a decree, judgment, certificate of adoption,
adoption registration, or equivalent court order,

entered or issued by a court of competent jurisdiction
or administrative body outside the United States,
establishing the relationship of parent and child by
adoption; or
(iii) such other evidence deemed satisfactory by
the court.
(3) The child's immigrant visa shall be prima facie
proof that the adoption was established in accordance with
the laws of the foreign jurisdiction and met United States
requirements for immigration.
(4) If the petitioner submits documentation that
satisfies the requirements of paragraph (2), the court
shall not appoint a guardian ad litem for the minor who is
the subject of the proceeding, shall not require any
further termination of parental rights of the child's
biological parents, nor shall it require any home study,
investigation, post-placement visit, or background check
of the petitioner.
(5) The petition may include a request for change of
the child's name and any other request for specific relief
that is in the best interests of the child. The relief may
include a request for a revised birth date for the child if
supported by evidence from a medical or dental professional
attesting to the appropriate age of the child or other
collateral evidence.
(6) Two adoptive parents who adopted a minor child

together in a foreign country while married to one another
may file a petition for adoption to re-adopt the child
jointly, regardless of whether their marriage has been
dissolved. If either parent whose marriage was dissolved
has subsequently remarried or entered into a civil union
with another person, the new spouse or civil union partner
shall not join in the petition to re-adopt the child,
unless the new spouse or civil union partner is seeking to
adopt the child. If either adoptive parent does not join in
the petition, he or she must be joined as a party
defendant. The defendant parent's failure to participate
in the re-adoption proceeding shall not affect the existing
parental rights or obligations of the parent as they relate
to the minor child, and the parent's name shall be placed
on any subsequent birth record issued for the child as a
result of the re-adoption proceeding.
(7) An adoptive parent who adopted a minor child in a
foreign country as an unmarried person may file a petition
for adoption to re-adopt the child as a sole petitioner,
even if the adoptive parent has subsequently married or
entered into a civil union.
(8) If one of the adoptive parents who adopted a minor
child dies prior to a re-adoption proceeding, the deceased
parent's name shall be placed on any subsequent birth
record issued for the child as a result of the re-adoption
proceeding.

(Source: P.A. 99-49, eff. 7-15-15; 100-344, eff. 8-25-17;
revised 10-6-17.)
(750 ILCS 50/18.5) (from Ch. 40, par. 1522.5)
Sec. 18.5. Liability. No liability shall attach to the
State, any agency thereof, any licensed agency, any judge, any
officer or employee of the court, or any party or employee
thereof involved in the surrender of a child for adoption or in
an adoption proceeding for acts or efforts made within the
scope of Sections 18.05 through thru 18.5, inclusive, of this
Act and under its provisions, except for subsection (n) of
Section 18.1.
(Source: P.A. 96-895, eff. 5-21-10; revised 10-3-17.)
Section 620. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 214 as follows:
(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
Sec. 214. Order of protection; remedies.
(a) Issuance of order. If the court finds that petitioner
has been abused by a family or household member or that
petitioner is a high-risk adult who has been abused, neglected,
or exploited, as defined in this Act, an order of protection
prohibiting the abuse, neglect, or exploitation shall issue;
provided that petitioner must also satisfy the requirements of
one of the following Sections, as appropriate: Section 217 on

emergency orders, Section 218 on interim orders, or Section 219
on plenary orders. Petitioner shall not be denied an order of
protection because petitioner or respondent is a minor. The
court, when determining whether or not to issue an order of
protection, shall not require physical manifestations of abuse
on the person of the victim. Modification and extension of
prior orders of protection shall be in accordance with this
Act.
(b) Remedies and standards. The remedies to be included in
an order of protection shall be determined in accordance with
this Section and one of the following Sections, as appropriate:
Section 217 on emergency orders, Section 218 on interim orders,
and Section 219 on plenary orders. The remedies listed in this
subsection shall be in addition to other civil or criminal
remedies available to petitioner.
(1) Prohibition of abuse, neglect, or exploitation.
Prohibit respondent's harassment, interference with
personal liberty, intimidation of a dependent, physical
abuse, or willful deprivation, neglect or exploitation, as
defined in this Act, or stalking of the petitioner, as
defined in Section 12-7.3 of the Criminal Code of 2012, if
such abuse, neglect, exploitation, or stalking has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any

residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in Section 701 of the
Illinois Marriage and Dissolution of Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i) the
hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of

the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other person
protected by the order of protection, or prohibit
respondent from entering or remaining present at
petitioner's school, place of employment, or other
specified places at times when petitioner is present, or
both, if reasonable, given the balance of hardships.
Hardships need not be balanced for the court to enter a
stay away order or prohibit entry if respondent has no

right to enter the premises.
(A) If an order of protection grants petitioner
exclusive possession of the residence, or prohibits
respondent from entering the residence, or orders
respondent to stay away from petitioner or other
protected persons, then the court may allow respondent
access to the residence to remove items of clothing and
personal adornment used exclusively by respondent,
medications, and other items as the court directs. The
right to access shall be exercised on only one occasion
as the court directs and in the presence of an
agreed-upon adult third party or law enforcement
officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing an order
of protection and providing relief shall consider the
severity of the act, any continuing physical danger or
emotional distress to the petitioner, the educational
rights guaranteed to the petitioner and respondent
under federal and State law, the availability of a
transfer of the respondent to another school, a change
of placement or a change of program of the respondent,
the expense, difficulty, and educational disruption
that would be caused by a transfer of the respondent to
another school, and any other relevant facts of the

case. The court may order that the respondent not
attend the public, private, or non-public elementary,
middle, or high school attended by the petitioner,
order that the respondent accept a change of placement
or change of program, as determined by the school
district or private or non-public school, or place
restrictions on the respondent's movements within the
school attended by the petitioner. The respondent
bears the burden of proving by a preponderance of the
evidence that a transfer, change of placement, or
change of program of the respondent is not available.
The respondent also bears the burden of production with
respect to the expense, difficulty, and educational
disruption that would be caused by a transfer of the
respondent to another school. A transfer, change of
placement, or change of program is not unavailable to
the respondent solely on the ground that the respondent
does not agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to

another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. In the
event the court order results in a transfer of the
minor respondent to another attendance center, a
change in the respondent's placement, or a change of
the respondent's program, the parents, guardian, or
legal custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. In
the event the court orders a transfer of the respondent
to another school, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist, psychiatrist,
family service agency, alcohol or substance abuse program,
mental health center guidance counselor, agency providing

services to elders, program designed for domestic violence
abusers or any other guidance service the court deems
appropriate. The Court may order the respondent in any
intimate partner relationship to report to an Illinois
Department of Human Services protocol approved partner
abuse intervention program for an assessment and to follow
all recommended treatment.
(5) Physical care and possession of the minor child. In
order to protect the minor child from abuse, neglect, or
unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding physical care to respondent would not be in the
minor child's best interest.
(6) Temporary allocation of parental responsibilities:
significant decision-making. Award temporary
decision-making responsibility to petitioner in accordance
with this Section, the Illinois Marriage and Dissolution of

Marriage Act, the Illinois Parentage Act of 2015, and this
State's Uniform Child-Custody Jurisdiction and Enforcement
Act.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding temporary significant decision-making
responsibility to respondent would not be in the child's
best interest.
(7) Parenting time. Determine the parenting time, if
any, of respondent in any case in which the court awards
physical care or allocates temporary significant
decision-making responsibility of a minor child to
petitioner. The court shall restrict or deny respondent's
parenting time with a minor child if the court finds that
respondent has done or is likely to do any of the
following: (i) abuse or endanger the minor child during
parenting time; (ii) use the parenting time as an
opportunity to abuse or harass petitioner or petitioner's
family or household members; (iii) improperly conceal or
detain the minor child; or (iv) otherwise act in a manner
that is not in the best interests of the minor child. The
court shall not be limited by the standards set forth in
Section 603.10 of the Illinois Marriage and Dissolution of
Marriage Act. If the court grants parenting time, the order
shall specify dates and times for the parenting time to

take place or other specific parameters or conditions that
are appropriate. No order for parenting time shall refer
merely to the term "reasonable parenting time".
Petitioner may deny respondent access to the minor
child if, when respondent arrives for parenting time,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving in
a violent or abusive manner.
If necessary to protect any member of petitioner's
family or household from future abuse, respondent shall be
prohibited from coming to petitioner's residence to meet
the minor child for parenting time, and the parties shall
submit to the court their recommendations for reasonable
alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return the
child to the custody or care of the petitioner or to permit
any court-ordered interview or examination of the child or

the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly; sharing
it would risk abuse of petitioner by respondent or is
impracticable; and the balance of hardships favors
temporary possession by petitioner.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may award
petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging or otherwise disposing of any real or personal
property, except as explicitly authorized by the court, if:
(i) petitioner, but not respondent, owns the
property; or

(ii) the parties own the property jointly, and the
balance of hardships favors granting this remedy.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may grant
petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or over whom the petitioner has been
allocated parental responsibility, when the respondent has
a legal obligation to support that person, in accordance

with the Illinois Marriage and Dissolution of Marriage Act,
which shall govern, among other matters, the amount of
support, payment through the clerk and withholding of
income to secure payment. An order for child support may be
granted to a petitioner with lawful physical care of a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating the petitioner's
significant decision-making authority, unless otherwise
provided in the order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse, neglect, or exploitation. Such losses shall
include, but not be limited to, medical expenses, lost
earnings or other support, repair or replacement of
property damaged or taken, reasonable attorney's fees,
court costs and moving or other travel expenses, including
additional reasonable expenses for temporary shelter and
restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order

respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including but not
limited to legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and well-being
of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(a) Prohibit a respondent against whom an order of
protection was issued from possessing any firearms
during the duration of the order if the order:
(1) was issued after a hearing of which such
person received actual notice, and at which such
person had an opportunity to participate;
(2) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner or

person, or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
(3)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or (ii)
by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury.
Any Firearm Owner's Identification Card in the
possession of the respondent, except as provided in
subsection (b), shall be ordered by the court to be
turned over to the local law enforcement agency. The
local law enforcement agency shall immediately mail
the card to the Department of State Police Firearm
Owner's Identification Card Office for safekeeping.
The court shall issue a warrant for seizure of any
firearm in the possession of the respondent, to be kept
by the local law enforcement agency for safekeeping,
except as provided in subsection (b). The period of
safekeeping shall be for the duration of the order of
protection. The firearm or firearms and Firearm
Owner's Identification Card, if unexpired, shall at
the respondent's request, be returned to the
respondent at the end of the order of protection. It is

the respondent's responsibility to notify the
Department of State Police Firearm Owner's
Identification Card Office.
(b) If the respondent is a peace officer as defined
in Section 2-13 of the Criminal Code of 2012, the court
shall order that any firearms used by the respondent in
the performance of his or her duties as a peace officer
be surrendered to the chief law enforcement executive
of the agency in which the respondent is employed, who
shall retain the firearms for safekeeping for the
duration of the order of protection.
(c) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned over
to a third party who is lawfully eligible to possess
firearms, and who does not reside with respondent.
(15) Prohibition of access to records. If an order of
protection prohibits respondent from having contact with

the minor child, or if petitioner's address is omitted
under subsection (b) of Section 203, or if necessary to
prevent abuse or wrongful removal or concealment of a minor
child, the order shall deny respondent access to, and
prohibit respondent from inspecting, obtaining, or
attempting to inspect or obtain, school or any other
records of the minor child who is in the care of
petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse of
a family or household member or further abuse, neglect, or
exploitation of a high-risk adult with disabilities or to
effectuate one of the granted remedies, if supported by the
balance of hardships. If the harm to be prevented by the
injunction is abuse or any other harm that one of the
remedies listed in paragraphs (1) through (16) of this
subsection is designed to prevent, no further evidence is
necessary that the harm is an irreparable injury.
(18) Telephone services.
(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon

request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph. For
purposes of this paragraph (18), the term "wireless
telephone service provider" means a provider of
commercial mobile service as defined in 47 U.S.C. 332.
The petitioner may request the transfer of each
telephone number that the petitioner, or a minor child
in his or her custody, uses. The clerk of the court
shall serve the order on the wireless telephone service
provider's agent for service of process provided to the
Illinois Commerce Commission. The order shall contain
all of the following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for
and right to the use of any telephone number
transferred under this paragraph.

(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary

requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of an
agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information is
provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including but not limited to the

following:
(i) the nature, frequency, severity, pattern and
consequences of the respondent's past abuse, neglect
or exploitation of the petitioner or any family or
household member, including the concealment of his or
her location in order to evade service of process or
notice, and the likelihood of danger of future abuse,
neglect, or exploitation to petitioner or any member of
petitioner's or respondent's family or household; and
(ii) the danger that any minor child will be abused
or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State or
improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including but not
limited to the following:
(i) availability, accessibility, cost, safety,
adequacy, location and other characteristics of
alternate housing for each party and any minor child or
dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church and community.

(3) Subject to the exceptions set forth in paragraph
(4) of this subsection, the court shall make its findings
in an official record or in writing, and shall at a minimum
set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2) of
this subsection.
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) For purposes of issuing an ex parte emergency order
of protection, the court, as an alternative to or as a
supplement to making the findings described in paragraphs
(c)(3)(i) through (c)(3)(iii) of this subsection, may use
the following procedure:
When a verified petition for an emergency order of
protection in accordance with the requirements of Sections
203 and 217 is presented to the court, the court shall
examine petitioner on oath or affirmation. An emergency
order of protection shall be issued by the court if it
appears from the contents of the petition and the
examination of petitioner that the averments are
sufficient to indicate abuse by respondent and to support

the granting of relief under the issuance of the emergency
order of protection.
(5) Never married parties. No rights or
responsibilities for a minor child born outside of marriage
attach to a putative father until a father and child
relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975 1985, the Revised Uniform Reciprocal
Enforcement of Support Act, the Uniform Interstate Family
Support Act, the Expedited Child Support Act of 1990, any
judicial, administrative, or other act of another state or
territory, any other Illinois statute, or by any foreign
nation establishing the father and child relationship, any
other proceeding substantially in conformity with the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Pub. L. 104-193), or where both
parties appeared in open court or at an administrative
hearing acknowledging under oath or admitting by
affirmation the existence of a father and child
relationship. Absent such an adjudication, finding, or
acknowledgment acknowledgement, no putative father shall
be granted temporary allocation of parental
responsibilities, including parenting time with the minor
child, or physical care and possession of the minor child,

nor shall an order of payment for support of the minor
child be entered.
(d) Balance of hardships; findings. If the court finds that
the balance of hardships does not support the granting of a
remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will result
in hardship to respondent that would substantially outweigh the
hardship to petitioner from denial of the remedy. The findings
shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) Respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;
(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) Petitioner did not act in self-defense or defense
of another;
(5) Petitioner left the residence or household to avoid
further abuse, neglect, or exploitation by respondent;
(6) Petitioner did not leave the residence or household

to avoid further abuse, neglect, or exploitation by
respondent;
(7) Conduct by any family or household member excused
the abuse, neglect, or exploitation by respondent, unless
that same conduct would have excused such abuse, neglect,
or exploitation if the parties had not been family or
household members.
(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-388, eff. 1-1-18; revised 10-6-17.)
Section 625. The Collaborative Process Act is amended by
changing Section 5 as follows:
(750 ILCS 90/5)
Sec. 5. Definitions. In this Act:
(1) "Collaborative process communication" means a
statement, whether oral or in a record, or verbal or nonverbal,
that:
(A) is made to conduct, participate in, continue, or
reconvene a collaborative process; and
(B) occurs after the parties sign a collaborative
process participation agreement and before the
collaborative process is concluded.
(2) "Collaborative process participation agreement" means
a written agreement by persons acting with informed consent to
participate in a collaborative process, in which the persons

agree to discharge their collaborative process lawyer and law
firm if the collaborative process fails.
(3) "Collaborative process" means a procedure intended to
resolve a collaborative process matter without intervention by
a court in which persons:
(A) sign a collaborative process participation
agreement; and
(B) are represented by collaborative process lawyers.
(4) "Collaborative process lawyer" means a lawyer who
represents a party in a collaborative process and helps carry
out the process of the agreement, but is not a party to the
agreement.
(5) "Collaborative process matter" means a dispute,
transaction, claim, problem, or issue for resolution,
including a dispute, claim, or issue in a proceeding, which is
described in a collaborative process participation agreement
and arises under the family or domestic relations law of this
State, including:
(A) marriage, divorce, dissolution, annulment, legal
separation, and property distribution;
(B) significant decision-making decision making and
parenting time of children;
(C) maintenance and child support;
(D) adoption;
(E) parentage; and
(F) premarital, marital, and post-marital agreements.

"Collaborative process matter" does not include any
dispute, transaction, claim, problem, or issue that: (i) is the
subject of a pending action under the Juvenile Court Act of
1987; (ii) is under investigation by the Illinois Department of
Children and Family Services pursuant to the Abused and
Neglected Child Reporting Act; or (iii) resulted in a currently
open case with the Illinois Department of Children and Family
Services.
(6) "Law firm" means:
(A) lawyers who practice law together in a partnership,
professional corporation, sole proprietorship, limited
liability company, or association; and
(B) lawyers employed in a legal services organization,
law school or the legal department of a corporation or
other organization.
(7) "Nonparty participant" means a person, other than a
party and the party's collaborative process lawyer, that
participates in a collaborative process.
(8) "Party" means a person other than a collaborative
process lawyer that signs a collaborative process
participation agreement and whose consent is necessary to
resolve a collaborative process matter.
(9) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, public corporation, government or
governmental subdivision, agency, or instrumentality, or any

other legal or commercial entity.
(10) "Proceeding" means a judicial or other adjudicative
process before a court, including related prehearing and
post-hearing motions, conferences, and discovery.
(11) "Prospective party" means a person that discusses with
a prospective collaborative process lawyer the possibility of
signing a collaborative process participation agreement.
(12) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(13) "Related to a collaborative process matter" means
involving the same parties, transaction or occurrence, nucleus
of operative fact, dispute, claim, or issue as the
collaborative process matter.
(14) "Sign" means, with present intent to authenticate or
adopt a record:
(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record
an electronic symbol, sound, or process.
(Source: P.A. 100-205, eff. 1-1-18; revised 10-6-17.)
Section 630. The Installment Sales Contract Act is amended
by changing Sections 10 and 75 as follows:
(765 ILCS 67/10)
Sec. 10. Terms and conditions of installment sales

contracts.
(a) The seller of residential real estate by installment
sales contract shall provide the buyer with a written contract
that complies with the requirements set forth in this Section.
(b) Until both parties have a copy of the executed contract
signed by the buyer and the seller with the signatures
notarized, either party has the right to rescind the contract,
in addition to all other remedies provided by this Act. Upon
rescission, pursuant to this Section, the seller shall refund
to the buyer all money paid to the seller as of the date of
rescission.
(c) An installment sales contract for the sale of any
residential real estate subject to the contract shall clearly
and conspicuously disclose the following:
(1) The address, permanent index number, and legal
description of the residential real estate subject to the
contract.
(2) The price of the residential real estate subject to
the contract.
(3) The amount, if any, of any down payment applied to
the price of the residential real estate subject to the
contract and the resulting principal on the loan.
(4) The amount of the periodic payment, any grace
periods for late payments, late payment fees, and to whom,
where, and how the buyer should deliver each payment.
(5) The interest rate being charged, if any, expressed

only as an annual percentage rate.
(6) The term of the loan expressed in years and months
and the total number of periodic payments due.
(7) The amount, if any, of any balloon payments and
when each balloon payment is due.
(8) A statement outlining whether the seller or the
buyer is responsible for paying real estate taxes and
insurance and how responsibilities of the buyer and seller
change based on the time period the residential real estate
subject to the contract is occupied by the buyer and what
percentage of the principal is paid down. In all
circumstances not defined in the disclosure required by
this subsection, the seller has the responsibility for
paying real estate taxes and insurance.
(9) The amount that will be charged periodically, if
any, for the first year to pay real estate taxes.
(10) The amount that will be charged periodically, if
any, for the first year to pay insurance.
(11) A statement that the amounts listed in items (9)
and (10) of this subsection are subject to change each
year.
(12) The fair cash value as defined in the Property Tax
Code and set forth on the real estate tax bill for the year
immediately prior to the sale, and the assessed value of
the property as set forth on the real estate tax bill for
the year immediately prior to the sale.

(13) The amount of real estate taxes for the year
immediately prior to the sale.
(14) Any unpaid amounts owing on prior real estate
taxes.
(15) The amount of the annual insurance payment for the
year immediately prior to the sale.
(16) The type of insurance coverage, including, but not
limited to, property insurance and title insurance, for the
buyer and seller that will be required or provided.
(17) The seller's interest in the structure being sold.
(18) Any known liens or mortgages or other title
limitations existing on the property.
(19) An explanation as to when the buyer will obtain
the title.
(20) A statement defining what repairs the buyer is
financially responsible for making to the residential real
estate subject to the contract, if any, and how
responsibilities of the buyer and seller to repair the
property change based on the time period the residential
real estate subject to the contract is occupied by the
buyer and what percentage of the principal is paid down by
any repairs made by the buyer. In all circumstances not
defined in the disclosure required by this subsection, the
seller has the financial responsibility for all repairs
required to be made pursuant to the installment sales
contract.

(21) A statement defining what, if any, alterations of
the property must be approved by both the buyer and the
seller prior to the alterations being made, including
requirements to provide evidence of proper permits,
insurance, and lien waiver agreements.
(22) Any additional charges or fees due at the time of
the date of sale or at a later date.
(23) An amortization schedule, as defined in Section 5.
(24) A certificate of compliance with applicable
dwelling codes, or in the absence of such a certificate:
(i) an express written warranty that no notice from any
municipality or other governmental authority of a dwelling
code violation that existed with respect to the residential
real estate subject to the contract before the installment
sales contract was executed had been received by the
seller, his or her principal, or his or her agent within 10
years of the date of execution of the installment sales
contract; or (ii) if any notice of a violation had been
received, a list of all such notices with a detailed
statement of all violations referred to in the notice.
(25) A statement, in large bold font stating in
substantially similar form: "NOTE TO BUYER: BEFORE SIGNING
THE CONTRACT THE BUYER HAS THE OPTION OF OBTAINING AN
INDEPENDENT THIRD PARTY INSPECTION AND/OR APPRAISAL SO
THAT THE BUYER CAN DETERMINE THE CONDITION AND ESTIMATED
MARKET VALUE OF THE RESIDENTIAL REAL ESTATE AND DECIDE

WHETHER TO SIGN THE CONTRACT.".
(26) If the residential real estate or any dwelling
structure thereon that is subject to the contract has been
condemned by the unit of government having jurisdiction,
the contract shall include a statement, in large bold font
stating in substantially similar form: "NOTE TO BUYER: THE
RESIDENTIAL REAL ESTATE BEING SOLD THROUGH THIS CONTRACT
HAS BEEN CONDEMNED BY THE UNIT OF GOVERNMENT HAVING
JURISDICTION.".
(27) A statement that the seller provided the buyer the
installment sales contract disclosure prepared by the
Office of the Attorney General as required under Illinois
State law. The statement shall include the date on which
the buyer was provided with the disclosure, which must be
at least 3 full business days before the contract was
executed.
(28) A statement that: (i) if the buyer defaults in
payment, any action brought against the buyer under the
contract shall be initiated only after the expiration of 90
days from the date of the default; and (ii) a buyer in
default may, prior to the expiration of the 90-day period,
make all payments, fees and charges currently due under the
contract to cure the default.
(d) The requirements of this Section cannot be waived by
the buyer or seller.
(Source: P.A. 100-416, eff. 1-1-18; revised 10-6-17.)

(765 ILCS 67/75)
Sec. 75. Installment sales contract disclosures.
(a) The Office of the Attorney General shall develop the
content and format of an educational document providing
independent consumer information regarding installment sales
contracts and the availability of independent housing
counseling services, including services provided by nonprofit
agencies certified by the federal government to provide housing
counseling. The document shall be updated and revised as often
as deemed necessary by the Office of the Attorney General.
(b) The document described in subsection (a) of this
Section shall include the following statement: "IMPORTANT
NOTICE REGARDING THE COOLING-OFF PERIOD: Illinois State law
requires a 3-day cooling-off period for installment sales
contracts, during which time a potential buyer cannot be
required to close or proceed with the contract. The purpose of
this requirement is to provide a potential buyer with 3
business days to consider his or her decision whether to sign
an installment sales contract. Potential buyers may want to
seek additional information from a HUD-approved housing
counselor during this 3-day period. The 3-day cooling-off
period cannot be waived.".
(Source: P.A. 100-416, eff. 1-1-18; revised 10-6-17.)
Section 635. The Statute Concerning Perpetuities is

amended by changing Section 6 as follows:
(765 ILCS 305/6) (from Ch. 30, par. 196)
Sec. 6. Application of Act Effective date. This Act shall
apply only to instruments, including instruments which
exercise a power of appointment, which become effective after
the effective date of this Act.
(Source: P.A. 76-1428; revised 10-6-17.)
Section 640. The Condominium Property Act is amended by
changing Sections 18, 19, and 27 as follows:
(765 ILCS 605/18) (from Ch. 30, par. 318)
Sec. 18. Contents of bylaws. The bylaws shall provide for
at least the following:
(a)(1) The election from among the unit owners of a
board of managers, the number of persons constituting such
board, and that the terms of at least one-third of the
members of the board shall expire annually and that all
members of the board shall be elected at large; if there
are multiple owners of a single unit, only one of the
multiple owners shall be eligible to serve as a member of
the board at any one time;
(2) the powers and duties of the board;
(3) the compensation, if any, of the members of the
board;

(4) the method of removal from office of members of the
board;
(5) that the board may engage the services of a manager
or managing agent;
(6) that each unit owner shall receive, at least 25
days prior to the adoption thereof by the board of
managers, a copy of the proposed annual budget together
with an indication of which portions are intended for
reserves, capital expenditures or repairs or payment of
real estate taxes;
(7) that the board of managers shall annually supply to
all unit owners an itemized accounting of the common
expenses for the preceding year actually incurred or paid,
together with an indication of which portions were for
reserves, capital expenditures or repairs or payment of
real estate taxes and with a tabulation of the amounts
collected pursuant to the budget or assessment, and showing
the net excess or deficit of income over expenditures plus
reserves;
(8)(i) that each unit owner shall receive notice, in
the same manner as is provided in this Act for membership
meetings, of any meeting of the board of managers
concerning the adoption of the proposed annual budget and
regular assessments pursuant thereto or to adopt a separate
(special) assessment, (ii) that except as provided in
subsection (iv) below, if an adopted budget or any separate

assessment adopted by the board would result in the sum of
all regular and separate assessments payable in the current
fiscal year exceeding 115% of the sum of all regular and
separate assessments payable during the preceding fiscal
year, the board of managers, upon written petition by unit
owners with 20 percent of the votes of the association
delivered to the board within 21 days of the board action,
shall call a meeting of the unit owners within 30 days of
the date of delivery of the petition to consider the budget
or separate assessment; unless a majority of the total
votes of the unit owners are cast at the meeting to reject
the budget or separate assessment, it is ratified, (iii)
that any common expense not set forth in the budget or any
increase in assessments over the amount adopted in the
budget shall be separately assessed against all unit
owners, (iv) that separate assessments for expenditures
relating to emergencies or mandated by law may be adopted
by the board of managers without being subject to unit
owner approval or the provisions of item (ii) above or item
(v) below. As used herein, "emergency" means an immediate
danger to the structural integrity of the common elements
or to the life, health, safety or property of the unit
owners, (v) that assessments for additions and alterations
to the common elements or to association-owned property not
included in the adopted annual budget, shall be separately
assessed and are subject to approval of two-thirds of the

total votes of all unit owners, (vi) that the board of
managers may adopt separate assessments payable over more
than one fiscal year. With respect to multi-year
assessments not governed by items (iv) and (v), the entire
amount of the multi-year assessment shall be deemed
considered and authorized in the first fiscal year in which
the assessment is approved;
(9)(A) that every meeting of the board of managers
shall be open to any unit owner, except that the board may
close any portion of a noticed meeting or meet separately
from a noticed meeting to: (i) discuss litigation when an
action against or on behalf of the particular association
has been filed and is pending in a court or administrative
tribunal, or when the board of managers finds that such an
action is probable or imminent, (ii) discuss the
appointment, employment, engagement, or dismissal of an
employee, independent contractor, agent, or other provider
of goods and services, (iii) interview a potential
employee, independent contractor, agent, or other provider
of goods and services, (iv) discuss violations of rules and
regulations of the association, (v) discuss a unit owner's
unpaid share of common expenses, or (vi) consult with the
association's legal counsel; that any vote on these matters
shall take place at a meeting of the board of managers or
portion thereof open to any unit owner;
(B) that board members may participate in and act at

any meeting of the board of managers in person, by
telephonic means, or by use of any acceptable technological
means whereby all persons participating in the meeting can
communicate with each other; that participation
constitutes attendance and presence in person at the
meeting;
(C) that any unit owner may record the proceedings at
meetings of the board of managers or portions thereof
required to be open by this Act by tape, film or other
means, and that the board may prescribe reasonable rules
and regulations to govern the right to make such
recordings;
(D) that notice of every meeting of the board of
managers shall be given to every board member at least 48
hours prior thereto, unless the board member waives notice
of the meeting pursuant to subsection (a) of Section 18.8;
and
(E) that notice of every meeting of the board of
managers shall be posted in entranceways, elevators, or
other conspicuous places in the condominium at least 48
hours prior to the meeting of the board of managers except
where there is no common entranceway for 7 or more units,
the board of managers may designate one or more locations
in the proximity of these units where the notices of
meetings shall be posted; that notice of every meeting of
the board of managers shall also be given at least 48 hours

prior to the meeting, or such longer notice as this Act may
separately require, to: (i) each unit owner who has
provided the association with written authorization to
conduct business by acceptable technological means, and
(ii) to the extent that the condominium instruments of an
association require, to each other unit owner, as required
by subsection (f) of Section 18.8, by mail or delivery, and
that no other notice of a meeting of the board of managers
need be given to any unit owner;
(10) that the board shall meet at least 4 times
annually;
(11) that no member of the board or officer shall be
elected for a term of more than 2 years, but that officers
and board members may succeed themselves;
(12) the designation of an officer to mail and receive
all notices and execute amendments to condominium
instruments as provided for in this Act and in the
condominium instruments;
(13) the method of filling vacancies on the board which
shall include authority for the remaining members of the
board to fill the vacancy by two-thirds vote until the next
annual meeting of unit owners or for a period terminating
no later than 30 days following the filing of a petition
signed by unit owners holding 20% of the votes of the
association requesting a meeting of the unit owners to fill
the vacancy for the balance of the term, and that a meeting

of the unit owners shall be called for purposes of filling
a vacancy on the board no later than 30 days following the
filing of a petition signed by unit owners holding 20% of
the votes of the association requesting such a meeting, and
the method of filling vacancies among the officers that
shall include the authority for the members of the board to
fill the vacancy for the unexpired portion of the term;
(14) what percentage of the board of managers, if other
than a majority, shall constitute a quorum;
(15) provisions concerning notice of board meetings to
members of the board;
(16) the board of managers may not enter into a
contract with a current board member or with a corporation
or partnership in which a board member or a member of the
board member's immediate family has 25% or more interest,
unless notice of intent to enter the contract is given to
unit owners within 20 days after a decision is made to
enter into the contract and the unit owners are afforded an
opportunity by filing a petition, signed by 20% of the unit
owners, for an election to approve or disapprove the
contract; such petition shall be filed within 30 days after
such notice and such election shall be held within 30 days
after filing the petition; for purposes of this subsection,
a board member's immediate family means the board member's
spouse, parents, and children;
(17) that the board of managers may disseminate to unit

owners biographical and background information about
candidates for election to the board if (i) reasonable
efforts to identify all candidates are made and all
candidates are given an opportunity to include
biographical and background information in the information
to be disseminated; and (ii) the board does not express a
preference in favor of any candidate;
(18) any proxy distributed for board elections by the
board of managers gives unit owners the opportunity to
designate any person as the proxy holder, and gives the
unit owner the opportunity to express a preference for any
of the known candidates for the board or to write in a
name;
(19) that special meetings of the board of managers can
be called by the president or 25% of the members of the
board;
(20) that the board of managers may establish and
maintain a system of master metering of public utility
services and collect payments in connection therewith,
subject to the requirements of the Tenant Utility Payment
Disclosure Act; and
(21) that the board may ratify and confirm actions of
the members of the board taken in response to an emergency,
as that term is defined in subdivision (a)(8)(iv) of this
Section; that the board shall give notice to the unit
owners of: (i) the occurrence of the emergency event within

7 business days after the emergency event, and (ii) the
general description of the actions taken to address the
event within 7 days after the emergency event.
The intent of the provisions of Public Act 99-472
adding this paragraph (21) is to empower and support boards
to act in emergencies.
(b)(1) What percentage of the unit owners, if other
than 20%, shall constitute a quorum provided that, for
condominiums with 20 or more units, the percentage of unit
owners constituting a quorum shall be 20% unless the unit
owners holding a majority of the percentage interest in the
association provide for a higher percentage, provided that
in voting on amendments to the association's bylaws, a unit
owner who is in arrears on the unit owner's regular or
separate assessments for 60 days or more, shall not be
counted for purposes of determining if a quorum is present,
but that unit owner retains the right to vote on amendments
to the association's bylaws;
(2) that the association shall have one class of
membership;
(3) that the members shall hold an annual meeting, one
of the purposes of which shall be to elect members of the
board of managers;
(4) the method of calling meetings of the unit owners;
(5) that special meetings of the members can be called
by the president, board of managers, or by 20% of unit

owners;
(6) that written notice of any membership meeting shall
be mailed or delivered giving members no less than 10 and
no more than 30 days notice of the time, place and purpose
of such meeting except that notice may be sent, to the
extent the condominium instruments or rules adopted
thereunder expressly so provide, by electronic
transmission consented to by the unit owner to whom the
notice is given, provided the director and officer or his
agent certifies in writing to the delivery by electronic
transmission;
(7) that voting shall be on a percentage basis, and
that the percentage vote to which each unit is entitled is
the percentage interest of the undivided ownership of the
common elements appurtenant thereto, provided that the
bylaws may provide for approval by unit owners in
connection with matters where the requisite approval on a
percentage basis is not specified in this Act, on the basis
of one vote per unit;
(8) that, where there is more than one owner of a unit,
if only one of the multiple owners is present at a meeting
of the association, he is entitled to cast all the votes
allocated to that unit, if more than one of the multiple
owners are present, the votes allocated to that unit may be
cast only in accordance with the agreement of a majority in
interest of the multiple owners, unless the declaration

expressly provides otherwise, that there is majority
agreement if any one of the multiple owners cast the votes
allocated to that unit without protest being made promptly
to the person presiding over the meeting by any of the
other owners of the unit;
(9)(A) except as provided in subparagraph (B) of this
paragraph (9) in connection with board elections, that a
unit owner may vote by proxy executed in writing by the
unit owner or by his duly authorized attorney in fact; that
the proxy must bear the date of execution and, unless the
condominium instruments or the written proxy itself
provide otherwise, is invalid after 11 months from the date
of its execution; to the extent the condominium instruments
or rules adopted thereunder expressly so provide, a vote or
proxy may be submitted by electronic transmission,
provided that any such electronic transmission shall
either set forth or be submitted with information from
which it can be determined that the electronic transmission
was authorized by the unit owner or the unit owner's proxy;
(B) that if a rule adopted at least 120 days before a
board election or the declaration or bylaws provide for
balloting as set forth in this subsection, unit owners may
not vote by proxy in board elections, but may vote only (i)
by submitting an association-issued ballot in person at the
election meeting or (ii) by submitting an
association-issued ballot to the association or its

designated agent by mail or other means of delivery
specified in the declaration, bylaws, or rule; that the
ballots shall be mailed or otherwise distributed to unit
owners not less than 10 and not more than 30 days before
the election meeting, and the board shall give unit owners
not less than 21 days' prior written notice of the deadline
for inclusion of a candidate's name on the ballots; that
the deadline shall be no more than 7 days before the
ballots are mailed or otherwise distributed to unit owners;
that every such ballot must include the names of all
candidates who have given the board or its authorized agent
timely written notice of their candidacy and must give the
person casting the ballot the opportunity to cast votes for
candidates whose names do not appear on the ballot; that a
ballot received by the association or its designated agent
after the close of voting shall not be counted; that a unit
owner who submits a ballot by mail or other means of
delivery specified in the declaration, bylaws, or rule may
request and cast a ballot in person at the election
meeting, and thereby void any ballot previously submitted
by that unit owner;
(B-5) that if a rule adopted at least 120 days before a
board election or the declaration or bylaws provide for
balloting as set forth in this subparagraph, unit owners
may not vote by proxy in board elections, but may vote only
(i) by submitting an association-issued ballot in person at

the election meeting; or (ii) by any acceptable
technological means as defined in Section 2 of this Act;
instructions regarding the use of electronic means for
voting shall be distributed to all unit owners not less
than 10 and not more than 30 days before the election
meeting, and the board shall give unit owners not less than
21 days' prior written notice of the deadline for inclusion
of a candidate's name on the ballots; the deadline shall be
no more than 7 days before the instructions for voting
using electronic or acceptable technological means is
distributed to unit owners; every instruction notice must
include the names of all candidates who have given the
board or its authorized agent timely written notice of
their candidacy and must give the person voting through
electronic or acceptable technological means the
opportunity to cast votes for candidates whose names do not
appear on the ballot; a unit owner who submits a vote using
electronic or acceptable technological means may request
and cast a ballot in person at the election meeting,
thereby voiding any vote previously submitted by that unit
owner;
(C) that if a written petition by unit owners with at
least 20% of the votes of the association is delivered to
the board within 30 days after the board's approval of a
rule adopted pursuant to subparagraph (B) or subparagraph
(B-5) of this paragraph (9), the board shall call a meeting

of the unit owners within 30 days after the date of
delivery of the petition; that unless a majority of the
total votes of the unit owners are cast at the meeting to
reject the rule, the rule is ratified;
(D) that votes cast by ballot under subparagraph (B) or
electronic or acceptable technological means under
subparagraph (B-5) of this paragraph (9) are valid for the
purpose of establishing a quorum;
(10) that the association may, upon adoption of the
appropriate rules by the board of managers, conduct
elections by secret ballot whereby the voting ballot is
marked only with the percentage interest for the unit and
the vote itself, provided that the board further adopt
rules to verify the status of the unit owner issuing a
proxy or casting a ballot; and further, that a candidate
for election to the board of managers or such candidate's
representative shall have the right to be present at the
counting of ballots at such election;
(11) that in the event of a resale of a condominium
unit the purchaser of a unit from a seller other than the
developer pursuant to an installment sales contract for
purchase shall during such times as he or she resides in
the unit be counted toward a quorum for purposes of
election of members of the board of managers at any meeting
of the unit owners called for purposes of electing members
of the board, shall have the right to vote for the election

of members of the board of managers and to be elected to
and serve on the board of managers unless the seller
expressly retains in writing any or all of such rights. In
no event may the seller and purchaser both be counted
toward a quorum, be permitted to vote for a particular
office or be elected and serve on the board. Satisfactory
evidence of the installment sales contract shall be made
available to the association or its agents. For purposes of
this subsection, "installment sales contract" shall have
the same meaning as set forth in Section 5 of the
Installment Sales Contract Act and Section 1(e) of the
Dwelling Unit Installment Contract Act;
(12) the method by which matters subject to the
approval of unit owners set forth in this Act, or in the
condominium instruments, will be submitted to the unit
owners at special membership meetings called for such
purposes; and
(13) that matters subject to the affirmative vote of
not less than 2/3 of the votes of unit owners at a meeting
duly called for that purpose, shall include, but not be
limited to:
(i) merger or consolidation of the association;
(ii) sale, lease, exchange, or other disposition
(excluding the mortgage or pledge) of all, or
substantially all of the property and assets of the
association; and

(iii) the purchase or sale of land or of units on
behalf of all unit owners.
(c) Election of a president from among the board of
managers, who shall preside over the meetings of the board
of managers and of the unit owners.
(d) Election of a secretary from among the board of
managers, who shall keep the minutes of all meetings of the
board of managers and of the unit owners and who shall, in
general, perform all the duties incident to the office of
secretary.
(e) Election of a treasurer from among the board of
managers, who shall keep the financial records and books of
account.
(f) Maintenance, repair and replacement of the common
elements and payments therefor, including the method of
approving payment vouchers.
(g) An association with 30 or more units shall obtain
and maintain fidelity insurance covering persons who
control or disburse funds of the association for the
maximum amount of coverage available to protect funds in
the custody or control of the association plus the
association reserve fund. All management companies which
are responsible for the funds held or administered by the
association shall maintain and furnish to the association a
fidelity bond for the maximum amount of coverage available
to protect funds in the custody of the management company

at any time. The association shall bear the cost of the
fidelity insurance and fidelity bond, unless otherwise
provided by contract between the association and a
management company. The association shall be the direct
obligee of any such fidelity bond. A management company
holding reserve funds of an association shall at all times
maintain a separate account for each association,
provided, however, that for investment purposes, the Board
of Managers of an association may authorize a management
company to maintain the association's reserve funds in a
single interest bearing account with similar funds of other
associations. The management company shall at all times
maintain records identifying all moneys of each
association in such investment account. The management
company may hold all operating funds of associations which
it manages in a single operating account but shall at all
times maintain records identifying all moneys of each
association in such operating account. Such operating and
reserve funds held by the management company for the
association shall not be subject to attachment by any
creditor of the management company.
For the purpose of this subsection, a management
company shall be defined as a person, partnership,
corporation, or other legal entity entitled to transact
business on behalf of others, acting on behalf of or as an
agent for a unit owner, unit owners or association of unit

owners for the purpose of carrying out the duties,
responsibilities, and other obligations necessary for the
day to day operation and management of any property subject
to this Act. For purposes of this subsection, the term
"fiduciary insurance coverage" shall be defined as both a
fidelity bond and directors and officers liability
coverage, the fidelity bond in the full amount of
association funds and association reserves that will be in
the custody of the association, and the directors and
officers liability coverage at a level as shall be
determined to be reasonable by the board of managers, if
not otherwise established by the declaration or by laws.
Until one year after September 21, 1985 (the effective
date of Public Act 84-722), if a condominium association
has reserves plus assessments in excess of $250,000 and
cannot reasonably obtain 100% fidelity bond coverage for
such amount, then it must obtain a fidelity bond coverage
of $250,000.
(h) Method of estimating the amount of the annual
budget, and the manner of assessing and collecting from the
unit owners their respective shares of such estimated
expenses, and of any other expenses lawfully agreed upon.
(i) That upon 10 days notice to the manager or board of
managers and payment of a reasonable fee, any unit owner
shall be furnished a statement of his account setting forth
the amount of any unpaid assessments or other charges due

and owing from such owner.
(j) Designation and removal of personnel necessary for
the maintenance, repair and replacement of the common
elements.
(k) Such restrictions on and requirements respecting
the use and maintenance of the units and the use of the
common elements, not set forth in the declaration, as are
designed to prevent unreasonable interference with the use
of their respective units and of the common elements by the
several unit owners.
(l) Method of adopting and of amending administrative
rules and regulations governing the operation and use of
the common elements.
(m) The percentage of votes required to modify or amend
the bylaws, but each one of the particulars set forth in
this section shall always be embodied in the bylaws.
(n)(i) The provisions of this Act, the declaration,
bylaws, other condominium instruments, and rules and
regulations that relate to the use of the individual unit
or the common elements shall be applicable to any person
leasing a unit and shall be deemed to be incorporated in
any lease executed or renewed on or after August 30, 1984
(the effective date of Public Act 83-1271).
(ii) With regard to any lease entered into subsequent
to July 1, 1990 (the effective date of Public Act 86-991),
the unit owner leasing the unit shall deliver a copy of the

signed lease to the board or if the lease is oral, a
memorandum of the lease, not later than the date of
occupancy or 10 days after the lease is signed, whichever
occurs first. In addition to any other remedies, by filing
an action jointly against the tenant and the unit owner, an
association may seek to enjoin a tenant from occupying a
unit or seek to evict a tenant under the provisions of
Article IX of the Code of Civil Procedure for failure of
the lessor-owner to comply with the leasing requirements
prescribed by this Section or by the declaration, bylaws,
and rules and regulations. The board of managers may
proceed directly against a tenant, at law or in equity, or
under the provisions of Article IX of the Code of Civil
Procedure, for any other breach by tenant of any covenants,
rules, regulations or bylaws.
(o) The association shall have no authority to forbear
the payment of assessments by any unit owner.
(p) That when 30% or fewer of the units, by number,
possess over 50% in the aggregate of the votes in the
association, any percentage vote of members specified
herein or in the condominium instruments shall require the
specified percentage by number of units rather than by
percentage of interest in the common elements allocated to
units that would otherwise be applicable and garage units
or storage units, or both, shall have, in total, no more
votes than their aggregate percentage of ownership in the

common elements; this shall mean that if garage units or
storage units, or both, are to be given a vote, or portion
of a vote, that the association must add the total number
of votes cast of garage units, storage units, or both, and
divide the total by the number of garage units, storage
units, or both, and multiply by the aggregate percentage of
ownership of garage units and storage units to determine
the vote, or portion of a vote, that garage units or
storage units, or both, have. For purposes of this
subsection (p), when making a determination of whether 30%
or fewer of the units, by number, possess over 50% in the
aggregate of the votes in the association, a unit shall not
include a garage unit or a storage unit.
(q) That a unit owner may not assign, delegate,
transfer, surrender, or avoid the duties,
responsibilities, and liabilities of a unit owner under
this Act, the condominium instruments, or the rules and
regulations of the Association; and that such an attempted
assignment, delegation, transfer, surrender, or avoidance
shall be deemed void.
The provisions of this Section are applicable to all
condominium instruments recorded under this Act. Any portion of
a condominium instrument which contains provisions contrary to
these provisions shall be void as against public policy and
ineffective. Any such instrument which fails to contain the
provisions required by this Section shall be deemed to

incorporate such provisions by operation of law.
(Source: P.A. 99-472, eff. 6-1-16; 99-567, eff. 1-1-17; 99-642,
eff. 7-28-16; 100-292, eff. 1-1-18; 100-416, eff. 1-1-18;
revised 10-6-17.)
(765 ILCS 605/19) (from Ch. 30, par. 319)
Sec. 19. Records of the association; availability for
examination.
(a) The board of managers of every association shall keep
and maintain the following records, or true and complete copies
of these records, at the association's principal office:
(1) the association's declaration, bylaws, and plats
of survey, and all amendments of these;
(2) the rules and regulations of the association, if
any;
(3) if the association is incorporated as a
corporation, the articles of incorporation of the
association and all amendments to the articles of
incorporation;
(4) minutes of all meetings of the association and its
board of managers for the immediately preceding 7 years;
(5) all current policies of insurance of the
association;
(6) all contracts, leases, and other agreements then in
effect to which the association is a party or under which
the association or the unit owners have obligations or

liabilities;
(7) a current listing of the names, addresses, email
addresses, telephone numbers, and weighted vote of all
members entitled to vote;
(8) ballots and proxies related to ballots for all
matters voted on by the members of the association during
the immediately preceding 12 months, including, but not
limited to, the election of members of the board of
managers; and
(9) the books and records for the association's current
and 10 immediately preceding fiscal years, including, but
not limited to, itemized and detailed records of all
receipts, expenditures, and accounts.
(b) Any member of an association shall have the right to
inspect, examine, and make copies of the records described in
subdivisions (1), (2), (3), (4), (5), (6), and (9) of
subsection (a) of this Section, in person or by agent, at any
reasonable time or times, at the association's principal
office. In order to exercise this right, a member must submit a
written request to the association's board of managers or its
authorized agent, stating with particularity the records
sought to be examined. Failure of an association's board of
managers to make available all records so requested within 10
business days of receipt of the member's written request shall
be deemed a denial.
Any member who prevails in an enforcement action to compel

examination of records described in subdivisions (1), (2), (3),
(4), (5), (6), and (9) of subsection (a) of this Section shall
be entitled to recover reasonable attorney's fees and costs
from the association.
(c) (Blank).
(d) (Blank).
(d-5) As used in this Section, "commercial purpose" means
the use of any part of a record or records described in
subdivisions (7) and (8) of subsection (a) of this Section, or
information derived from such records, in any form for sale,
resale, or solicitation or advertisement for sales or services.
(e) Except as otherwise provided in subsection (g) of this
Section, any member of an association shall have the right to
inspect, examine, and make copies of the records described in
subdivisions (7) and (8) of subsection (a) of this Section, in
person or by agent, at any reasonable time or times but only
for a purpose that relates to the association, at the
association's principal office. In order to exercise this
right, a member must submit a written request, to the
association's board of managers or its authorized agent,
stating with particularity the records sought to be examined.
As a condition for exercising this right, the board of managers
or authorized agent of the association may require the member
to certify in writing that the information contained in the
records obtained by the member will not be used by the member
for any commercial purpose or for any purpose that does not

relate to the association. The board of managers of the
association may impose a fine in accordance with item (l) of
Section 18.4 upon any person who makes a false certification.
Subject to the provisions of subsection (g) of this Section,
failure of an association's board of managers to make available
all records so requested within 10 business days of receipt of
the member's written request shall be deemed a denial;
provided, however, that the board of managers of an association
that has adopted a secret ballot election process as provided
in Section 18 of this Act shall not be deemed to have denied a
member's request for records described in subdivision (8) of
subsection (a) of this Section if voting ballots, without
identifying unit numbers, are made available to the requesting
member within 10 business days of receipt of the member's
written request.
Any member who prevails in an enforcement action to compel
examination of records described in subdivision subdivisions
(7) or (8) of subsection (a) of this Section shall be entitled
to recover reasonable attorney's fees and costs from the
association only if the court finds that the board of directors
acted in bad faith in denying the member's request.
(f) The actual cost to the association of retrieving and
making requested records available for inspection and
examination under this Section may be charged by the
association to the requesting member. If a member requests
copies of records requested under this Section, the actual

costs to the association of reproducing the records may also be
charged by the association to the requesting member.
(g) Notwithstanding the provisions of subsection (e) of
this Section, unless otherwise directed by court order, an
association need not make the following records available for
inspection, examination, or copying by its members:
(1) documents relating to appointment, employment,
discipline, or dismissal of association employees;
(2) documents relating to actions pending against or on
behalf of the association or its board of managers in a
court or administrative tribunal;
(3) documents relating to actions threatened against,
or likely to be asserted on behalf of, the association or
its board of managers in a court or administrative
tribunal;
(4) documents relating to common expenses or other
charges owed by a member other than the requesting member;
and
(5) documents provided to an association in connection
with the lease, sale, or other transfer of a unit by a
member other than the requesting member.
(h) The provisions of this Section are applicable to all
condominium instruments recorded under this Act. Any portion of
a condominium instrument that contains provisions contrary to
these provisions shall be void as against public policy and
ineffective. Any condominium instrument that fails to contain

the provisions required by this Section shall be deemed to
incorporate the provisions by operation of law.
(Source: P.A. 100-292, eff. 1-1-18; revised 10-6-17.)
(765 ILCS 605/27) (from Ch. 30, par. 327)
Sec. 27. Amendments.
(a) If there is any unit owner other than the developer,
and unless otherwise provided in this Act, the condominium
instruments shall be amended only as follows:
(i) upon the affirmative vote of 2/3 of those voting or
upon the majority specified by the condominium
instruments, provided that in no event shall the
condominium instruments require more than a three-quarters
vote of all unit owners; and
(ii) with the approval of, or notice to, any mortgagees
or other lienholders of record, if required under the
provisions of the condominium instruments. If the
condominium instruments require approval of any mortgagee
or lienholder of record and the mortgagee or lienholder of
record receives a request to approve or consent to the
amendment to the condominium instruments, the mortgagee or
lienholder of record is deemed to have approved or
consented to the request unless the mortgagee or lienholder
of record delivers a negative response to the requesting
party within 60 days after the mailing of the request. A
request to approve or consent to an amendment to the

condominium instruments that is required to be sent to a
mortgagee or lienholder of record shall be sent by
certified mail.
(b)(1) If there is an omission, error, or inconsistency in
a condominium instrument, such that a provision of a
condominium instrument does not conform to this Act or to
another applicable statute, the association may correct the
omission, error, or inconsistency to conform the condominium
instrument to this Act or to another applicable statute by an
amendment adopted by vote of two-thirds of the Board of
Managers, without a unit owner vote. A provision in a
condominium instrument requiring or allowing unit owners,
mortgagees, or other lienholders of record to vote to approve
an amendment to a condominium instrument, or for the mortgagees
or other lienholders of record to be given notice of an
amendment to a condominium instrument, is not applicable to an
amendment to the extent that the amendment corrects an
omission, error, or inconsistency to conform the condominium
instrument to this Act or to another applicable statute.
(2) If through a scrivener's error, a unit has not been
designated as owning an appropriate undivided share of the
common elements or does not bear an appropriate share of the
common expenses or that all the common expenses or all of the
common elements in the condominium have not been distributed in
the declaration, so that the sum total of the shares of common
elements which have been distributed or the sum total of the

shares of the common expenses fail to equal 100%, or if it
appears that more than 100% of the common elements or common
expenses have been distributed, the error may be corrected by
operation of law by filing an amendment to the declaration
approved by vote of two-thirds of the members of the Board of
Managers or a majority vote of the unit owners at a meeting
called for this purpose which proportionately adjusts all
percentage interests so that the total is equal to 100% unless
the condominium instruments specifically provide for a
different procedure or different percentage vote by the owners
of the units and the owners of mortgages thereon affected by
modification being made in the undivided interest in the common
elements, the number of votes in the unit owners association or
the liability for common expenses appertaining to the unit.
(3) If an omission or error or a scrivener's error in the
declaration, bylaws or other condominium instrument is
corrected by vote of two-thirds of the members of the Board of
Managers pursuant to the authority established in paragraph
paragraphs (1) or (2) of this subsection (b) this, the Board
upon written petition by unit owners with 20 percent of the
votes of the association filed within 30 days of the Board
action shall call a meeting of the unit owners within 30 days
of the filing of the petition to consider the Board action.
Unless a majority of the votes of the unit owners of the
association are cast at the meeting to reject the action, it is
ratified whether or not a quorum is present.

(4) The procedures for amendments set forth in this
subsection (b) cannot be used if such an amendment would
materially or adversely affect property rights of the unit
owners unless the affected unit owners consent in writing. This
Section does not restrict the powers of the association to
otherwise amend the declaration, bylaws, or other condominium
instruments, but authorizes a simple process of amendment
requiring a lesser vote for the purpose of correcting defects,
errors, or omissions when the property rights of the unit
owners are not materially or adversely affected.
(5) If there is an omission or error in the declaration,
bylaws, or other condominium instruments, which may not be
corrected by an amendment procedure set forth in paragraphs (1)
and (2) of this subsection (b) in the declaration then the
Circuit Court in the County in which the condominium is located
shall have jurisdiction to hear a petition of one or more of
the unit owners thereon or of the association, to correct the
error or omission, and the action may be a class action. The
court may require that one or more methods of correcting the
error or omission be submitted to the unit owners to determine
the most acceptable correction. All unit owners in the
association must be joined as parties to the action. Service of
process on owners may be by publication, but the plaintiff
shall furnish all unit owners not personally served with
process with copies of the petition and final judgment of the
court by certified mail return receipt requested, at their last

known address.
(6) Nothing contained in this Section shall be construed to
invalidate any provision of a condominium instrument
authorizing the developer to amend a condominium instrument
prior to the latest date on which the initial membership
meeting of the unit owners must be held, whether or not it has
actually been held, to bring the instrument into compliance
with the legal requirements of the Federal National Mortgage
Association, the Federal Home Loan Mortgage Corporation, the
Federal Housing Administration, the United States Veterans
Administration or their respective successors and assigns.
(Source: P.A. 99-472, eff. 6-1-16; 100-201, eff. 8-18-17;
100-292, eff. 1-1-18; revised 10-6-17.)
Section 645. The Illinois Human Rights Act is amended by
changing Section 5-101 as follows:
(775 ILCS 5/5-101) (from Ch. 68, par. 5-101)
Sec. 5-101. Definitions. ) The following definitions are
applicable strictly in the context of this Article:
(A) Place of Public Accommodation. "Place of public
accommodation" includes, but is not limited to:
(1) an inn, hotel, motel, or other place of lodging,
except for an establishment located within a building that
contains not more than 5 units for rent or hire and that is
actually occupied by the proprietor of such establishment

as the residence of such proprietor;
(2) a restaurant, bar, or other establishment serving
food or drink;
(3) a motion picture house, theater, concert hall,
stadium, or other place of exhibition or entertainment;
(4) an auditorium, convention center, lecture hall, or
other place of public gathering;
(5) a bakery, grocery store, clothing store, hardware
store, shopping center, or other sales or rental
establishment;
(6) a laundromat, dry-cleaner, bank, barber shop,
beauty shop, travel service, shoe repair service, funeral
parlor, gas station, office of an accountant or lawyer,
pharmacy, insurance office, professional office of a
health care provider, hospital, or other service
establishment;
(7) public conveyances on air, water, or land;
(8) a terminal, depot, or other station used for
specified public transportation;
(9) a museum, library, gallery, or other place of
public display or collection;
(10) a park, zoo, amusement park, or other place of
recreation;
(11) a non-sectarian nursery, day care center,
elementary, secondary, undergraduate, or postgraduate
school, or other place of education;

(12) a senior citizen center, homeless shelter, food
bank, non-sectarian adoption agency, or other social
service center establishment; and
(13) a gymnasium, health spa, bowling alley, golf
course, or other place of exercise or recreation.
(B) Operator. "Operator" means any owner, lessee,
proprietor, manager, superintendent, agent, or occupant of a
place of public accommodation or an employee of any such person
or persons.
(C) Public Official. "Public official" means any officer or
employee of the state or any agency thereof, including state
political subdivisions, municipal corporations, park
districts, forest preserve districts, educational
institutions, and schools.
(Source: P.A. 95-668, eff. 10-10-07; 96-814, eff. 1-1-10;
revised 10-6-17.)
Section 650. The Business Corporation Act of 1983 is
amended by changing Sections 14.05 and 15.85 as follows:
(805 ILCS 5/14.05) (from Ch. 32, par. 14.05)
Sec. 14.05. Annual report of domestic or foreign
corporation. Each domestic corporation organized under any
general law or special act of this State authorizing the
corporation to issue shares, other than homestead
associations, building and loan associations, banks and

insurance companies (which includes a syndicate or limited
syndicate regulated under Article V 1/2 of the Illinois
Insurance Code or member of a group of underwriters regulated
under Article V of that Code), and each foreign corporation
(except members of a group of underwriters regulated under
Article V of the Illinois Insurance Code) authorized to
transact business in this State, shall file, within the time
prescribed by this Act, an annual report setting forth:
(a) The name of the corporation.
(b) The address, including street and number, or rural
route number, of its registered office in this State, and
the name of its registered agent at that address.
(c) The address, including street and number, or rural
route number, of its principal office.
(d) The names and respective addresses, including
street and number, or rural route number, of its directors
and officers.
(e) A statement of the aggregate number of shares which
the corporation has authority to issue, itemized by classes
and series, if any, within a class.
(f) A statement of the aggregate number of issued
shares, itemized by classes, and series, if any, within a
class.
(g) A statement, expressed in dollars, of the amount of
paid-in capital of the corporation as defined in this Act.
(h) Either a statement that (1) all the property of the

corporation is located in this State and all of its
business is transacted at or from places of business in
this State, or the corporation elects to pay the annual
franchise tax on the basis of its entire paid-in capital,
or (2) a statement, expressed in dollars, of the value of
all the property owned by the corporation, wherever
located, and the value of the property located within this
State, and a statement, expressed in dollars, of the gross
amount of business transacted by the corporation and the
gross amount thereof transacted by the corporation at or
from places of business in this State as of the close of
its fiscal year on or immediately preceding the last day of
the third month prior to the anniversary month or in the
case of a corporation which has established an extended
filing month, as of the close of its fiscal year on or
immediately preceding the last day of the third month prior
to the extended filing month; however, in the case of a
domestic corporation that has not completed its first
fiscal year, the statement with respect to property owned
shall be as of the last day of the third month preceding
the anniversary month and the statement with respect to
business transacted shall be furnished for the period
between the date of incorporation and the last day of the
third month preceding the anniversary month. In the case of
a foreign corporation that has not been authorized to
transact business in this State for a period of 12 months

and has not commenced transacting business prior to
obtaining authority, the statement with respect to
property owned shall be as of the last day of the third
month preceding the anniversary month and the statement
with respect to business transacted shall be furnished for
the period between the date of its authorization to
transact business in this State and the last day of the
third month preceding the anniversary month. If the data
referenced in item (2) of this subsection is not completed,
the franchise tax provided for in this Act shall be
computed on the basis of the entire paid-in capital.
(i) A statement, including the basis therefor, of
status as a "minority-owned business" or as a "women-owned
business" as those terms are defined in the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act.
(j) Additional information as may be necessary or
appropriate in order to enable the Secretary of State to
administer this Act and to verify the proper amount of fees
and franchise taxes payable by the corporation.
The annual report shall be made on forms prescribed and
furnished by the Secretary of State, and the information
therein required by paragraphs (a) through (d), both inclusive,
of this Section, shall be given as of the date of the execution
of the annual report and the information therein required by
paragraphs (e), (f), and (g) of this Section shall be given as

of the last day of the third month preceding the anniversary
month, except that the information required by paragraphs (e),
(f), and (g) shall, in the case of a corporation which has
established an extended filing month, be given in its final
transition annual report and each subsequent annual report as
of the close of its fiscal year on or immediately preceding the
last day of the third month prior to its extended filing month.
It shall be executed by the corporation by its president, a
vice-president, secretary, assistant secretary, treasurer or
other officer duly authorized by the board of directors of the
corporation to execute those reports, and verified by him or
her, or, if the corporation is in the hands of a receiver or
trustee, it shall be executed on behalf of the corporation and
verified by the receiver or trustee.
(Source: P.A. 100-391, eff. 8-25-17; 100-486, eff. 1-1-18;
revised 10-6-17.)
(805 ILCS 5/15.85) (from Ch. 32, par. 15.85)
Sec. 15.85. Effect of nonpayment of fees or taxes.
(a) The Secretary of State shall not file any articles,
statements, certificates, reports, applications, notices, or
other papers relating to any corporation, domestic or foreign,
organized under or subject to the provisions of this Act until
all fees, franchise taxes, and charges provided to be paid in
connection therewith shall have been paid to him or her, or
while the corporation is in default in the payment of any fees,

franchise taxes, charges, penalties, or interest herein
provided to be paid by or assessed against it, or when the
Illinois Department of Revenue has given notice that the
corporation is in default in the filing of a return or the
payment of any final assessment of tax, penalty or interest as
required by any tax Act administered by the Department.
(b) The Secretary of State shall not file, with respect to
any domestic or foreign corporation, any document required or
permitted to be filed by this Act, which has an effective date
other than the date of filing until there has been paid by such
corporation to the Secretary of State all fees, taxes and
charges due and payable on or before said effective date.
(c) No corporation required to pay a franchise tax, license
fee, penalty, or interest under this Act shall maintain any
civil action until all such franchise taxes, license fees,
penalties, and interest have been paid in full.
(d) The Secretary of State shall, from information received
from the Illinois Commerce Commission, compile and keep a list
of all domestic and foreign corporations which are regulated
pursuant to the provisions of the Public Utilities Act "An Act
concerning public utilities", approved June 29, 1921, and
Chapter 18 of the "The Illinois Vehicle Code", approved
September 29, 1969, and which hold, as a prerequisite for doing
business in this State, any franchise, license, permit, or
right to engage in any business regulated by such Acts.
(e) Within 10 days after any such corporation fails to pay

a franchise tax, license fee, penalty, or interest required
under this Act, the Secretary shall, by written notice, so
advise the Secretary of the Illinois Commerce Commission.
(Source: P.A. 91-464, eff. 1-1-00; revised 10-5-17.)
Section 660. The Uniform Partnership Act (1997) is amended
by changing Section 108 as follows:
(805 ILCS 206/108)
(Text of Section before amendment by P.A. 100-186)
Sec. 108. Fees.
(a) The Secretary of State shall charge and collect in
accordance with the provisions of this Act and rules
promulgated under its authority:
(1) fees for filing documents;
(2) miscellaneous charges; and
(3) fees for the sale of lists of filings and for
copies of any documents.
(b) The Secretary of State shall charge and collect:
(1) for furnishing a copy or certified copy of any
document, instrument, or paper relating to a registered
limited liability partnership, $25;
(2) for the transfer of information by computer process
media to any purchaser, fees established by rule;
(3) for filing a statement of partnership authority,
$25;

(4) for filing a statement of denial, $25;
(5) for filing a statement of dissociation, $25;
(6) for filing a statement of dissolution, $100;
(7) for filing a statement of merger, $100;
(8) for filing a statement of qualification for a
limited liability partnership organized under the laws of
this State, $100 for each partner, but in no event shall
the fee be less than $200 or exceed $5,000;
(9) for filing a statement of foreign qualification,
$500;
(10) for filing a renewal statement for a limited
liability partnership organized under the laws of this
State, $100 for each partner, but in no event shall the fee
be less than $200 or exceed $5,000;
(11) for filing a renewal statement for a foreign
limited liability partnership, $300;
(12) for filing an amendment or cancellation of a
statement, $25;
(13) for filing a statement of withdrawal, $100;
(14) for the purposes of changing the registered agent
name or registered office, or both, $25;
(15) for filing an application for reinstatement,
$200;
(16) for filing any other document, $25.
(c) All fees collected pursuant to this Act shall be
deposited into the Division of Corporations Registered Limited

Liability Partnership Fund.
(d) There is hereby continued in the State treasury a
special fund to be known as the Division of Corporations
Registered Limited Liability Partnership Fund. Moneys
deposited into the Fund shall, subject to appropriation, be
used by the Business Services Division of the Office of the
Secretary of State to administer the responsibilities of the
Secretary of State under this Act. On or before August 31 of
each year, the balance in the Fund in excess of $600,000 shall
be transferred to the General Revenue Fund.
(Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17;
100-486, eff. 1-1-18.)
(Text of Section after amendment by P.A. 100-186)
Sec. 108. Fees.
(a) The Secretary of State shall charge and collect in
accordance with the provisions of this Act and rules
promulgated under its authority:
(1) fees for filing documents;
(2) miscellaneous charges; and
(3) fees for the sale of lists of filings and for
copies of any documents.
(b) The Secretary of State shall charge and collect:
(1) for furnishing a copy or certified copy of any
document, instrument, or paper relating to a registered
limited liability partnership, $25;

(2) for the transfer of information by computer process
media to any purchaser, fees established by rule;
(3) for filing a statement of partnership authority,
$25;
(4) for filing a statement of denial, $25;
(5) for filing a statement of dissociation, $25;
(6) for filing a statement of dissolution, $100;
(7) for filing a statement of merger, $100;
(8) for filing a statement of qualification for a
limited liability partnership organized under the laws of
this State, $100 for each partner, but in no event shall
the fee be less than $200 or exceed $5,000;
(9) for filing a statement of foreign qualification,
$500;
(10) for filing a renewal statement for a limited
liability partnership organized under the laws of this
State, $100 for each partner, but in no event shall the fee
be less than $200 or exceed $5,000;
(11) for filing a renewal statement for a foreign
limited liability partnership, $300;
(12) for filing an amendment or cancellation of a
statement, $25;
(13) for filing a statement of withdrawal, $100;
(14) for the purposes of changing the registered agent
name or registered office, or both, $25;
(15) for filing an application for reinstatement,

$200;
(16) for filing any other document, $25.
(c) All fees collected pursuant to this Act shall be
deposited into the Division of Corporations Registered Limited
Liability Partnership Fund.
(d) There is hereby continued in the State treasury a
special fund to be known as the Division of Corporations
Registered Limited Liability Partnership Fund. Moneys
deposited into the Fund shall, subject to appropriation, be
used by the Business Services Division of the Office of the
Secretary of State to administer the responsibilities of the
Secretary of State under this Act. On or before August 31 of
each year, the balance in the Fund in excess of $600,000 shall
be transferred to the General Revenue Fund.
(e) Filings, including annual reports, made by electronic
means shall be treated as if submitted in person and may not be
charged excess fees as expedited services solely because of
submission by electronic means.
(Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17;
100-186, eff. 7-1-18; 100-486, eff. 1-1-18; revised 10-12-17.)
Section 665. The Illinois Pre-Need Cemetery Sales Act is
amended by changing Section 17 as follows:
(815 ILCS 390/17) (from Ch. 21, par. 217)
Sec. 17. (a) The principal and undistributed income of the

trust created pursuant to Section 15 of this Act shall be paid
to the seller if:
(1) the seller certifies by sworn affidavit to the
trustee that the purchaser or the beneficiary named in the
pre-need contract has deceased and that seller has fully
delivered or installed all items included in the pre-need
contract and fully performed all pre-need cemetery
services he is required to perform under the pre-need
contract; or
(2) the seller certifies by sworn affidavit to the
trustee that seller has made full delivery, as defined
herein.
(Source: P.A. 84-239; revised 11-8-17.)
Section 670. The Retail Installment Sales Act is amended by
changing Section 3 as follows:
(815 ILCS 405/3) (from Ch. 121 1/2, par. 503)
Sec. 3. (a) Every retail installment contract must be in
writing, dated, signed by both the buyer and the seller, and,
except as otherwise provided in this Act, completed as to all
essential provisions, before it is signed by the buyer.
(b) The printed or typed portion of the contract, other
than instructions for completion, must be in size equal to at
least 8-point 8 point type.
(c) The contract must contain printed or written in a size

equal to at least 10-point 10 point bold type:
(1) Both at the top of the contract and directly above
the space reserved for the signature of the buyer, the
words "RETAIL INSTALLMENT CONTRACT";
(2) A notice as follows:
"Notice to the buyer.
1. Do not sign this agreement before you read it or if
it contains any blank spaces.
2. You are entitled to an exact copy of the agreement
you sign.
3. Under the law you have the right, among others, to
pay in advance the full amount due and to obtain under
certain conditions a partial refund of the finance
charge.".
(Source: P.A. 76-1780; revised 10-10-17.)
Section 675. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Sections 2L, 2Z, and 2AA
and by setting forth and renumbering multiple versions of
Section 2TTT as follows:
(815 ILCS 505/2L)
(Text of Section before amendment by P.A. 100-512)
Sec. 2L. Used motor vehicles; modification or disclaimer of
implied warranty of merchantability limited.
(a) Any retail sale of a used motor vehicle made after July

1, 2017 (the effective date of Public Act 99-768) this
amendatory Act of the 99th General Assembly to a consumer by a
licensed vehicle dealer within the meaning of Chapter 5 of the
Illinois Vehicle Code or by an auction company at an auction
that is open to the general public is made subject to this
Section.
(b) This Section does not apply to any of the following:
(1) a vehicle with more than 150,000 miles at the time
of sale;
(2) a vehicle with a title that has been branded
"rebuilt" or "flood";
(3) a vehicle with a gross vehicle weight rating of
8,000 pounds or more; or
(4) a vehicle that is an antique vehicle, as defined in
the Illinois Vehicle Code, or that is a collector motor
vehicle.
(b-5) This Section does not apply to the sale of any
vehicle for which the dealer offers an express warranty that
provides coverage that is equal to or greater than the limited
implied warranty of merchantability required under this
Section 2L.
(c) Except as otherwise provided in this Section 2L, any
sale of a used motor vehicle as described in subsection (a) may
not exclude, modify, or disclaim the implied warranty of
merchantability created under this Section 2L or limit the
remedies for a breach of the warranty hereunder before midnight

of the 15th calendar day after delivery of a used motor vehicle
or until a used motor vehicle is driven 500 miles after
delivery, whichever is earlier. In calculating time under this
Section, a day on which the warranty is breached and all
subsequent days in which the used motor vehicle fails to
conform with the implied warranty of merchantability are
excluded. In calculating distance under this Section, the miles
driven to obtain or in connection with the repair, servicing,
or testing of a used motor vehicle that fails to conform with
the implied warranty of merchantability are excluded. An
attempt to exclude, modify, or disclaim the implied warranty of
merchantability or to limit the remedies for a breach of the
warranty in violation of this Section renders a purchase
agreement voidable at the option of the purchaser.
(d) An implied warranty of merchantability is met if a used
motor vehicle functions for the purpose of ordinary
transportation on the public highway and substantially free of
a defect in a power train component. As used in this Section,
"power train component" means the engine block, head, all
internal engine parts, oil pan and gaskets, water pump, intake
manifold, transmission, and all internal transmission parts,
torque converter, drive shaft, universal joints, rear axle and
all rear axle internal parts, and rear wheel bearings.
(e) The implied warranty of merchantability expires at
midnight of the 15th calendar day after delivery of a used
motor vehicle or when a used motor vehicle is driven 500 miles

after delivery, whichever is earlier. In calculating time, a
day on which the implied warranty of merchantability is
breached is excluded and all subsequent days in which the used
motor vehicle fails to conform with the warranty are also
excluded. In calculating distance, the miles driven to or by
the seller to obtain or in connection with the repair,
servicing, or testing of a used motor vehicle that fails to
conform with the implied warranty of merchantability are
excluded. An implied warranty of merchantability does not
extend to damage that occurs after the sale of the used motor
vehicle that results from:
(1) off-road use;
(2) racing;
(3) towing;
(4) abuse;
(5) misuse;
(6) neglect;
(7) failure to perform regular maintenance; and
(8) failure to maintain adequate oil, coolant, and
other required fluids or lubricants.
(f) If the implied warranty of merchantability described in
this Section is breached, the consumer shall give reasonable
notice to the seller no later than 2 business days after the
end of the statutory warranty period. Before the consumer
exercises another remedy pursuant to Article 2 of the Uniform
Commercial Code, the seller shall have a reasonable opportunity

to repair the used motor vehicle. The consumer shall pay
one-half of the cost of the first 2 repairs necessary to bring
the used motor vehicle into compliance with the warranty. The
payments by the consumer are limited to a maximum payment of
$100 for each repair; however, the consumer shall only be
responsible for a maximum payment of $100 if the consumer
brings in the vehicle for a second repair for the same defect.
Reasonable notice as defined in this Section shall include, but
not be limited to:
(1) text, provided the seller has provided the consumer
with a cell phone number;
(2) phone call or message to the seller's business
phone number provided on the seller's bill of sale for the
purchase of the motor vehicle;
(3) in writing to the seller's address provided on the
seller's bill of sale for the purchase of the motor
vehicle;
(4) in person at the seller's address provided on the
seller's bill of sale for the purchase of the motor
vehicle.
(g) The maximum liability of a seller for repairs pursuant
to this Section is limited to the purchase price paid for the
used motor vehicle, to be refunded to the consumer or lender,
as applicable, in exchange for return of the vehicle.
(h) An agreement for the sale of a used motor vehicle
subject to this Section is voidable at the option of the

consumer, unless it contains on its face or in a separate
document the following conspicuous statement printed in
boldface 10-point or larger type set off from the body of the
agreement:
"Illinois law requires that this vehicle will be free of a
defect in a power train component for 15 days or 500 miles
after delivery, whichever is earlier, except with regard to
particular defects disclosed on the first page of this
agreement. "Power train component" means the engine block,
head, all internal engine parts, oil pan and gaskets, water
pump, intake manifold, transmission, and all internal
transmission parts, torque converter, drive shaft, universal
joints, rear axle and all rear axle internal parts, and rear
wheel bearings. You (the consumer) will have to pay up to $100
for each of the first 2 repairs if the warranty is violated.".
(i) The inclusion in the agreement of the statement
prescribed in subsection (h) of this Section does not create an
express warranty.
(j) A consumer of a used motor vehicle may waive the
implied warranty of merchantability only for a particular
defect in the vehicle, including, but not limited to, a rebuilt
or flood-branded title and only if all of the following
conditions are satisfied:
(1) the seller subject to this Section fully and
accurately discloses to the consumer that because of
circumstances unusual to the business, the used motor

vehicle has a particular defect;
(2) the consumer agrees to buy the used motor vehicle
after disclosure of the defect; and
(3) before the sale, the consumer indicates agreement
to the waiver by signing and dating the following
conspicuous statement that is printed on the first page of
the sales agreement or on a separate document in boldface
10-point or larger type and that is written in the language
in which the presentation was made:
"Attention consumer: sign here only if the seller has
told you that this vehicle has the following problem or
problems and you agree to buy the vehicle on those terms:
1. ......................................................
2. ..................................................
3. ...................................................".
(k) It shall be an affirmative defense to any claim under
this Section that:
(1) an alleged nonconformity does not substantially
impair the use and market value of the motor vehicle;
(2) a nonconformity is the result of abuse, neglect, or
unauthorized modifications or alterations of the motor
vehicle;
(3) a claim by a consumer was not filed in good faith;
or
(4) any other affirmative defense allowed by law.
(l) Other than the 15-day, 500-mile implied warranty of

merchantability identified herein, a seller subject to this
Section is not required to provide any further express or
implied warranties to a purchasing consumer unless:
(1) the seller is required by federal or State law to
provide a further express or implied warranty; or
(2) the seller fails to fully inform and disclose to
the consumer that the vehicle is being sold without any
further express or implied warranties, other than the 15
day, 500 mile implied warranty of merchantability
identified in this Section.
(m) Any person who violates this Section commits an
unlawful practice within the meaning of this Act.
(Source: P.A. 99-768, eff. 7-1-17; 100-4, eff. 7-1-17; revised
10-12-17.)
(Text of Section after amendment by P.A. 100-512)
Sec. 2L. Used motor vehicles; modification or disclaimer of
implied warranty of merchantability limited.
(a) Any retail sale of a used motor vehicle made after July
1, 2017 (the effective date of Public Act 99-768) this
amendatory Act of the 99th General Assembly to a consumer by a
licensed vehicle dealer within the meaning of Chapter 5 of the
Illinois Vehicle Code or by an auction company at an auction
that is open to the general public is made subject to this
Section.
(b) This Section does not apply to any of the following:

(1) a vehicle with more than 150,000 miles at the time
of sale;
(2) a vehicle with a title that has been branded
"rebuilt" or "flood";
(3) a vehicle with a gross vehicle weight rating of
8,000 pounds or more; or
(4) a vehicle that is an antique vehicle, as defined in
the Illinois Vehicle Code, or that is a collector motor
vehicle.
(b-5) This Section does not apply to the sale of any
vehicle for which the dealer offers an express warranty that
provides coverage that is equal to or greater than the limited
implied warranty of merchantability required under this
Section 2L.
(b-6) (b-5) This Section does not apply to forfeited
vehicles sold at auction by or on behalf of the Department of
State Police.
(c) Except as otherwise provided in this Section 2L, any
sale of a used motor vehicle as described in subsection (a) may
not exclude, modify, or disclaim the implied warranty of
merchantability created under this Section 2L or limit the
remedies for a breach of the warranty hereunder before midnight
of the 15th calendar day after delivery of a used motor vehicle
or until a used motor vehicle is driven 500 miles after
delivery, whichever is earlier. In calculating time under this
Section, a day on which the warranty is breached and all

subsequent days in which the used motor vehicle fails to
conform with the implied warranty of merchantability are
excluded. In calculating distance under this Section, the miles
driven to obtain or in connection with the repair, servicing,
or testing of a used motor vehicle that fails to conform with
the implied warranty of merchantability are excluded. An
attempt to exclude, modify, or disclaim the implied warranty of
merchantability or to limit the remedies for a breach of the
warranty in violation of this Section renders a purchase
agreement voidable at the option of the purchaser.
(d) An implied warranty of merchantability is met if a used
motor vehicle functions for the purpose of ordinary
transportation on the public highway and substantially free of
a defect in a power train component. As used in this Section,
"power train component" means the engine block, head, all
internal engine parts, oil pan and gaskets, water pump, intake
manifold, transmission, and all internal transmission parts,
torque converter, drive shaft, universal joints, rear axle and
all rear axle internal parts, and rear wheel bearings.
(e) The implied warranty of merchantability expires at
midnight of the 15th calendar day after delivery of a used
motor vehicle or when a used motor vehicle is driven 500 miles
after delivery, whichever is earlier. In calculating time, a
day on which the implied warranty of merchantability is
breached is excluded and all subsequent days in which the used
motor vehicle fails to conform with the warranty are also

excluded. In calculating distance, the miles driven to or by
the seller to obtain or in connection with the repair,
servicing, or testing of a used motor vehicle that fails to
conform with the implied warranty of merchantability are
excluded. An implied warranty of merchantability does not
extend to damage that occurs after the sale of the used motor
vehicle that results from:
(1) off-road use;
(2) racing;
(3) towing;
(4) abuse;
(5) misuse;
(6) neglect;
(7) failure to perform regular maintenance; and
(8) failure to maintain adequate oil, coolant, and
other required fluids or lubricants.
(f) If the implied warranty of merchantability described in
this Section is breached, the consumer shall give reasonable
notice to the seller no later than 2 business days after the
end of the statutory warranty period. Before the consumer
exercises another remedy pursuant to Article 2 of the Uniform
Commercial Code, the seller shall have a reasonable opportunity
to repair the used motor vehicle. The consumer shall pay
one-half of the cost of the first 2 repairs necessary to bring
the used motor vehicle into compliance with the warranty. The
payments by the consumer are limited to a maximum payment of

$100 for each repair; however, the consumer shall only be
responsible for a maximum payment of $100 if the consumer
brings in the vehicle for a second repair for the same defect.
Reasonable notice as defined in this Section shall include, but
not be limited to:
(1) text, provided the seller has provided the consumer
with a cell phone number;
(2) phone call or message to the seller's business
phone number provided on the seller's bill of sale for the
purchase of the motor vehicle;
(3) in writing to the seller's address provided on the
seller's bill of sale for the purchase of the motor
vehicle;
(4) in person at the seller's address provided on the
seller's bill of sale for the purchase of the motor
vehicle.
(g) The maximum liability of a seller for repairs pursuant
to this Section is limited to the purchase price paid for the
used motor vehicle, to be refunded to the consumer or lender,
as applicable, in exchange for return of the vehicle.
(h) An agreement for the sale of a used motor vehicle
subject to this Section is voidable at the option of the
consumer, unless it contains on its face or in a separate
document the following conspicuous statement printed in
boldface 10-point or larger type set off from the body of the
agreement:

"Illinois law requires that this vehicle will be free of a
defect in a power train component for 15 days or 500 miles
after delivery, whichever is earlier, except with regard to
particular defects disclosed on the first page of this
agreement. "Power train component" means the engine block,
head, all internal engine parts, oil pan and gaskets, water
pump, intake manifold, transmission, and all internal
transmission parts, torque converter, drive shaft, universal
joints, rear axle and all rear axle internal parts, and rear
wheel bearings. You (the consumer) will have to pay up to $100
for each of the first 2 repairs if the warranty is violated.".
(i) The inclusion in the agreement of the statement
prescribed in subsection (h) of this Section does not create an
express warranty.
(j) A consumer of a used motor vehicle may waive the
implied warranty of merchantability only for a particular
defect in the vehicle, including, but not limited to, a rebuilt
or flood-branded title and only if all of the following
conditions are satisfied:
(1) the seller subject to this Section fully and
accurately discloses to the consumer that because of
circumstances unusual to the business, the used motor
vehicle has a particular defect;
(2) the consumer agrees to buy the used motor vehicle
after disclosure of the defect; and
(3) before the sale, the consumer indicates agreement

to the waiver by signing and dating the following
conspicuous statement that is printed on the first page of
the sales agreement or on a separate document in boldface
10-point or larger type and that is written in the language
in which the presentation was made:
"Attention consumer: sign here only if the seller has
told you that this vehicle has the following problem or
problems and you agree to buy the vehicle on those terms:
1. ......................................................
2. ..................................................
3. ...................................................".
(k) It shall be an affirmative defense to any claim under
this Section that:
(1) an alleged nonconformity does not substantially
impair the use and market value of the motor vehicle;
(2) a nonconformity is the result of abuse, neglect, or
unauthorized modifications or alterations of the motor
vehicle;
(3) a claim by a consumer was not filed in good faith;
or
(4) any other affirmative defense allowed by law.
(l) Other than the 15-day, 500-mile implied warranty of
merchantability identified herein, a seller subject to this
Section is not required to provide any further express or
implied warranties to a purchasing consumer unless:
(1) the seller is required by federal or State law to

provide a further express or implied warranty; or
(2) the seller fails to fully inform and disclose to
the consumer that the vehicle is being sold without any
further express or implied warranties, other than the 15
day, 500 mile implied warranty of merchantability
identified in this Section.
(m) Any person who violates this Section commits an
unlawful practice within the meaning of this Act.
(Source: P.A. 99-768, eff. 7-1-17; 100-4, eff. 7-1-17; 100-512,
eff. 7-1-18; revised 10-12-17.)
(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
Sec. 2Z. Violations of other Acts. Any person who knowingly
violates the Automotive Repair Act, the Automotive Collision
Repair Act, the Home Repair and Remodeling Act, the Dance
Studio Act, the Physical Fitness Services Act, the Hearing
Instrument Consumer Protection Act, the Illinois Union Label
Act, the Installment Sales Contract Act, the Job Referral and
Job Listing Services Consumer Protection Act, the Travel
Promotion Consumer Protection Act, the Credit Services
Organizations Act, the Automatic Telephone Dialers Act, the
Pay-Per-Call Services Consumer Protection Act, the Telephone
Solicitations Act, the Illinois Funeral or Burial Funds Act,
the Cemetery Oversight Act, the Cemetery Care Act, the Safe and
Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the
High Risk Home Loan Act, the Payday Loan Reform Act, the

Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
Internet Caller Identification Act, paragraph (6) of
subsection (k) of Section 6-305 of the Illinois Vehicle Code,
Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
or 18d-153 of the Illinois Vehicle Code, Article 3 of the
Residential Real Property Disclosure Act, the Automatic
Contract Renewal Act, the Reverse Mortgage Act, Section 25 of
the Youth Mental Health Protection Act, the Personal
Information Protection Act, or the Student Online Personal
Protection Act commits an unlawful practice within the meaning
of this Act.
(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
revised 10-6-17.)
(815 ILCS 505/2AA)
Sec. 2AA. Immigration services.
(a) "Immigration matter" means any proceeding, filing, or
action affecting the nonimmigrant, immigrant or citizenship
status of any person that arises under immigration and
naturalization law, executive order or presidential
proclamation of the United States or any foreign country, or
that arises under action of the United States Citizenship and
Immigration Services, the United States Department of Labor, or

the United States Department of State.
"Immigration assistance service" means any information or
action provided or offered to customers or prospective
customers related to immigration matters, excluding legal
advice, recommending a specific course of legal action, or
providing any other assistance that requires legal analysis,
legal judgment, or interpretation of the law.
"Compensation" means money, property, services, promise of
payment, or anything else of value.
"Employed by" means that a person is on the payroll of the
employer and the employer deducts from the employee's paycheck
social security and withholding taxes, or receives
compensation from the employer on a commission basis or as an
independent contractor.
"Reasonable costs" means actual costs or, if actual costs
cannot be calculated, reasonably estimated costs of such things
as photocopying, telephone calls, document requests, and
filing fees for immigration forms, and other nominal costs
incidental to assistance in an immigration matter.
(a-1) The General Assembly finds and declares that private
individuals who assist persons with immigration matters have a
significant impact on the ability of their clients to reside
and work within the United States and to establish and maintain
stable families and business relationships. The General
Assembly further finds that that assistance and its impact also
have a significant effect on the cultural, social, and economic

life of the State of Illinois and thereby substantially affect
the public interest. It is the intent of the General Assembly
to establish rules of practice and conduct for those
individuals to promote honesty and fair dealing with residents
and to preserve public confidence.
(a-5) The following persons are exempt from this Section,
provided they prove the exemption by a preponderance of the
evidence:
(1) An attorney licensed to practice law in any state
or territory of the United States, or of any foreign
country when authorized by the Illinois Supreme Court, to
the extent the attorney renders immigration assistance
service in the course of his or her practice as an
attorney.
(2) A legal intern, as described by the rules of the
Illinois Supreme Court, employed by and under the direct
supervision of a licensed attorney and rendering
immigration assistance service in the course of the
intern's employment.
(3) A not-for-profit organization recognized by the
Board of Immigration Appeals under 8 CFR C.F.R. 292.2(a)
and employees of those organizations accredited under 8 CFR
C.F.R. 292.2(d).
(4) Any organization employing or desiring to employ a
documented or undocumented immigrant or nonimmigrant
alien, where the organization, its employees or its agents

provide advice or assistance in immigration matters to
documented or undocumented immigrant or nonimmigrant alien
employees or potential employees without compensation from
the individuals to whom such advice or assistance is
provided.
Nothing in this Section shall regulate any business to the
extent that such regulation is prohibited or preempted by State
or federal law.
All other persons providing or offering to provide
immigration assistance service shall be subject to this
Section.
(b) Any person who provides or offers to provide
immigration assistance service may perform only the following
services:
(1) Completing a government agency form, requested by
the customer and appropriate to the customer's needs, only
if the completion of that form does not involve a legal
judgment for that particular matter.
(2) Transcribing responses to a government agency form
which is related to an immigration matter, but not advising
a customer as to his or her answers on those forms.
(3) Translating information on forms to a customer and
translating the customer's answers to questions posed on
those forms.
(4) Securing for the customer supporting documents
currently in existence, such as birth and marriage

certificates, which may be needed to be submitted with
government agency forms.
(5) Translating documents from a foreign language into
English.
(6) Notarizing signatures on government agency forms,
if the person performing the service is a notary public of
the State of Illinois.
(7) Making referrals, without fee, to attorneys who
could undertake legal representation for a person in an
immigration matter.
(8) Preparing or arranging for the preparation of
photographs and fingerprints.
(9) Arranging for the performance of medical testing
(including X-rays and AIDS tests) and the obtaining of
reports of such test results.
(10) Conducting English language and civics courses.
(11) Other services that the Attorney General
determines by rule may be appropriately performed by such
persons in light of the purposes of this Section.
Fees for a notary public, agency, or any other person who
is not an attorney or an accredited representative filling out
immigration forms shall be limited to the maximum fees set
forth in subsections (a) and (b) of Section 3-104 of the
Illinois Notary Public Act (5 ILCS 312/3-104). The maximum fee
schedule set forth in subsections (a) and (b) of Section 3-104
of the Illinois Notary Public Act shall apply to any person

that provides or offers to provide immigration assistance
service performing the services described therein. The
Attorney General may promulgate rules establishing maximum
fees that may be charged for any services not described in that
subsection. The maximum fees must be reasonable in light of the
costs of providing those services and the degree of
professional skill required to provide the services.
No person subject to this Act shall charge fees directly or
indirectly for referring an individual to an attorney or for
any immigration matter not authorized by this Article, provided
that a person may charge a fee for notarizing documents as
permitted by the Illinois Notary Public Act.
(c) Any person performing such services shall register with
the Illinois Attorney General and submit verification of
malpractice insurance or of a surety bond.
(d) Except as provided otherwise in this subsection, before
providing any assistance in an immigration matter a person
shall provide the customer with a written contract that
includes the following:
(1) An explanation of the services to be performed.
(2) Identification of all compensation and costs to be
charged to the customer for the services to be performed.
(3) A statement that documents submitted in support of
an application for nonimmigrant, immigrant, or
naturalization status may not be retained by the person for
any purpose, including payment of compensation or costs.

This subsection does not apply to a not-for-profit
organization that provides advice or assistance in immigration
matters to clients without charge beyond a reasonable fee to
reimburse the organization's or clinic's reasonable costs
relating to providing immigration services to that client.
(e) Any person who provides or offers immigration
assistance service and is not exempted from this Section, shall
post signs at his or her place of business, setting forth
information in English and in every other language in which the
person provides or offers to provide immigration assistance
service. Each language shall be on a separate sign. Signs shall
be posted in a location where the signs will be visible to
customers. Each sign shall be at least 11 inches by 17 inches,
and shall contain the following:
(1) The statement "I AM NOT AN ATTORNEY LICENSED TO
PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES
FOR LEGAL ADVICE.".
(2) The statement "I AM NOT ACCREDITED TO REPRESENT YOU
BEFORE THE UNITED STATES IMMIGRATION AND NATURALIZATION
SERVICE AND THE IMMIGRATION BOARD OF APPEALS.".
(3) The fee schedule.
(4) The statement that "You may cancel any contract
within 3 working days and get your money back for services
not performed.".
(5) Additional information the Attorney General may
require by rule.

Every person engaged in immigration assistance service who
is not an attorney who advertises immigration assistance
service in a language other than English, whether by radio,
television, signs, pamphlets, newspapers, or other written
communication, with the exception of a single desk plaque,
shall include in the document, advertisement, stationery,
letterhead, business card, or other comparable written
material the following notice in English and the language in
which the written communication appears. This notice shall be
of a conspicuous size, if in writing, and shall state: "I AM
NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY
NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.". If
such advertisement is by radio or television, the statement may
be modified but must include substantially the same message.
Any person who provides or offers immigration assistance
service and is not exempted from this Section shall not, in any
document, advertisement, stationery, letterhead, business
card, or other comparable written material, literally
translate from English into another language terms or titles
including, but not limited to, notary public, notary, licensed,
attorney, lawyer, or any other term that implies the person is
an attorney. To illustrate, the words "notario" and "poder
notarial" are prohibited under this provision.
If not subject to penalties under subsection (a) of Section
3-103 of the Illinois Notary Public Act (5 ILCS 312/3-103),
violations of this subsection shall result in a fine of $1,000.

Violations shall not preempt or preclude additional
appropriate civil or criminal penalties.
(f) The written contract shall be in both English and in
the language of the customer.
(g) A copy of the contract shall be provided to the
customer upon the customer's execution of the contract.
(h) A customer has the right to rescind a contract within
72 hours after his or her signing of the contract.
(i) Any documents identified in paragraph (3) of subsection
(c) shall be returned upon demand of the customer.
(j) No person engaged in providing immigration services who
is not exempted under this Section shall do any of the
following:
(1) Make any statement that the person can or will
obtain special favors from or has special influence with
the United States Immigration and Naturalization Service
or any other government agency.
(2) Retain any compensation for service not performed.
(2.5) Accept payment in exchange for providing legal
advice or any other assistance that requires legal
analysis, legal judgment, or interpretation of the law.
(3) Refuse to return documents supplied by, prepared on
behalf of, or paid for by the customer upon the request of
the customer. These documents must be returned upon request
even if there is a fee dispute between the immigration
assistant and the customer.

(4) Represent or advertise, in connection with the
provision of assistance in immigration matters, other
titles of credentials, including but not limited to "notary
public" or "immigration consultant," that could cause a
customer to believe that the person possesses special
professional skills or is authorized to provide advice on
an immigration matter; provided that a notary public
appointed by the Illinois Secretary of State may use the
term "notary public" if the use is accompanied by the
statement that the person is not an attorney; the term
"notary public" may not be translated to another language;
for example "notario" is prohibited.
(5) Provide legal advice, recommend a specific course
of legal action, or provide any other assistance that
requires legal analysis, legal judgment, or interpretation
of the law.
(6) Make any misrepresentation of false statement,
directly or indirectly, to influence, persuade, or induce
patronage.
(k) (Blank).
(l) (Blank).
(m) Any person who violates any provision of this Section,
or the rules and regulations issued under this Section, shall
be guilty of a Class A misdemeanor for a first offense and a
Class 3 felony for a second or subsequent offense committed
within 5 years of a previous conviction for the same offense.

Upon his own information or upon the complaint of any
person, the Attorney General or any State's Attorney, or a
municipality with a population of more than 1,000,000, may
maintain an action for injunctive relief and also seek a civil
penalty not exceeding $50,000 in the circuit court against any
person who violates any provision of this Section. These
remedies are in addition to, and not in substitution for, other
available remedies.
If the Attorney General or any State's Attorney or a
municipality with a population of more than 1,000,000 fails to
bring an action as provided under this Section any person may
file a civil action to enforce the provisions of this Article
and maintain an action for injunctive relief, for compensatory
damages to recover prohibited fees, or for such additional
relief as may be appropriate to deter, prevent, or compensate
for the violation. In order to deter violations of this
Section, courts shall not require a showing of the traditional
elements for equitable relief. A prevailing plaintiff may be
awarded 3 times the prohibited fees or a minimum of $1,000 in
punitive damages, attorney's fees, and costs of bringing an
action under this Section. It is the express intention of the
General Assembly that remedies for violation of this Section be
cumulative.
(n) No unit of local government, including any home rule
unit, shall have the authority to regulate immigration
assistance services unless such regulations are at least as

stringent as those contained in Public Act 87-1211 this
amendatory Act of 1992. It is declared to be the law of this
State, pursuant to paragraph (i) of Section 6 of Article VII of
the Illinois Constitution of 1970, that Public Act 87-1211 this
amendatory Act of 1992 is a limitation on the authority of a
home rule unit to exercise powers concurrently with the State.
The limitations of this Section do not apply to a home rule
unit that has, prior to January 1, 1993 (the effective date of
Public Act 87-1211) this amendatory Act, adopted an ordinance
regulating immigration assistance services.
(o) This Section is severable under Section 1.31 of the
Statute on Statutes.
(p) The Attorney General shall issue rules not inconsistent
with this Section for the implementation, administration, and
enforcement of this Section. The rules may provide for the
following:
(1) The content, print size, and print style of the
signs required under subsection (e). Print sizes and styles
may vary from language to language.
(2) Standard forms for use in the administration of
this Section.
(3) Any additional requirements deemed necessary.
(Source: P.A. 99-679, eff. 1-1-17; revised 10-5-17.)
(815 ILCS 505/2TTT)
Sec. 2TTT. Standard services.

(a) It is not a fraudulent, unfair, or deceptive act or
practice under this Act to differentiate prices for services
based upon factors that include, but are not limited to, amount
of time, difficulty, cost of providing the services, methods,
procedure, or equipment used to accomplish the service, upon
the qualifications, experience, or expertise of the individual
or business providing the services, market conditions specific
to the service or the business, or geographic region where the
services are completed or the business is located.
(b) The following sellers shall provide the consumer with a
standard services price list upon request:
(1) Tailors or businesses providing aftermarket
clothing alterations.
(2) Barbershops or hair salons.
(3) Dry cleaners and laundries providing services to
individuals.
The price list may be provided in any format and may be
based on customary industry pricing practices.
As used in this subsection, "standard service" means the 10
most frequently requested services provided by the seller.
(c) If a seller identified in subsection (b) is found to be
in violation of this Section, the seller shall have 30 days to
remedy the violation. Upon a second or subsequent violation
within 2 years after the 30-day remediation period, the seller
shall be liable for penalties pursuant to Section 7 of this
Act.

(Source: P.A. 100-207, eff. 1-1-18.)
(815 ILCS 505/2UUU)
Sec. 2UUU 2TTT. Non-disparagement clauses in consumer
contracts.
(a) A contract or a proposed contract for the sale or lease
of consumer merchandise or services may not include a provision
waiving the consumer's right to make any statement regarding
the seller or lessor or the employees or agents of the seller
or lessor or concerning the merchandise or services.
(b) It is an unlawful practice to threaten or to seek to
enforce a provision made unlawful under this Section or to
otherwise penalize a consumer for making any statement
protected under this Section.
(c) Any waiver of the provisions of this Section is
contrary to public policy and is void and unenforceable.
(d) This Section may not be construed to prohibit or limit
a person or business that hosts online consumer reviews or
comments from removing a statement that is otherwise lawful to
remove.
(Source: P.A. 100-240, eff. 1-1-18; revised 11-6-17.)
Section 680. The Motor Vehicle Franchise Act is amended by
changing Sections 4 and 10.1 as follows:
(815 ILCS 710/4) (from Ch. 121 1/2, par. 754)

Sec. 4. Unfair competition and practices.
(a) The unfair methods of competition and unfair and
deceptive acts or practices listed in this Section are hereby
declared to be unlawful. In construing the provisions of this
Section, the courts may be guided by the interpretations of the
Federal Trade Commission Act (15 U.S.C. 45 et seq.), as from
time to time amended.
(b) It shall be deemed a violation for any manufacturer,
factory branch, factory representative, distributor or
wholesaler, distributor branch, distributor representative or
motor vehicle dealer to engage in any action with respect to a
franchise which is arbitrary, in bad faith or unconscionable
and which causes damage to any of the parties or to the public.
(c) It shall be deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division, a
factory branch or division, or a wholesale branch or division,
or officer, agent or other representative thereof, to coerce,
or attempt to coerce, any motor vehicle dealer:
(1) to accept, buy or order any motor vehicle or
vehicles, appliances, equipment, parts or accessories
therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not
voluntarily ordered or requested except items required by
applicable local, state or federal law; or to require a
motor vehicle dealer to accept, buy, order or purchase such
items in order to obtain any motor vehicle or vehicles or

any other commodity or commodities which have been ordered
or requested by such motor vehicle dealer;
(2) to order or accept delivery of any motor vehicle
with special features, appliances, accessories or
equipment not included in the list price of the motor
vehicles as publicly advertised by the manufacturer
thereof, except items required by applicable law; or
(3) to order for anyone any parts, accessories,
equipment, machinery, tools, appliances or any commodity
whatsoever, except items required by applicable law.
(d) It shall be deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division, or
officer, agent or other representative thereof:
(1) to adopt, change, establish or implement a plan or
system for the allocation and distribution of new motor
vehicles to motor vehicle dealers which is arbitrary or
capricious or to modify an existing plan so as to cause the
same to be arbitrary or capricious;
(2) to fail or refuse to advise or disclose to any
motor vehicle dealer having a franchise or selling
agreement, upon written request therefor, the basis upon
which new motor vehicles of the same line make are
allocated or distributed to motor vehicle dealers in the
State and the basis upon which the current allocation or
distribution is being made or will be made to such motor
vehicle dealer;

(3) to refuse to deliver in reasonable quantities and
within a reasonable time after receipt of dealer's order,
to any motor vehicle dealer having a franchise or selling
agreement for the retail sale of new motor vehicles sold or
distributed by such manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or division
or wholesale branch or division, any such motor vehicles as
are covered by such franchise or selling agreement
specifically publicly advertised in the State by such
manufacturer, distributor, wholesaler, distributor branch
or division, factory branch or division, or wholesale
branch or division to be available for immediate delivery.
However, the failure to deliver any motor vehicle shall not
be considered a violation of this Act if such failure is
due to an act of God, a work stoppage or delay due to a
strike or labor difficulty, a shortage of materials, a lack
of manufacturing capacity, a freight embargo or other cause
over which the manufacturer, distributor, or wholesaler,
or any agent thereof has no control;
(4) to coerce, or attempt to coerce, any motor vehicle
dealer to enter into any agreement with such manufacturer,
distributor, wholesaler, distributor branch or division,
factory branch or division, or wholesale branch or
division, or officer, agent or other representative
thereof, or to do any other act prejudicial to the dealer
by threatening to reduce his allocation of motor vehicles

or cancel any franchise or any selling agreement existing
between such manufacturer, distributor, wholesaler,
distributor branch or division, or factory branch or
division, or wholesale branch or division, and the dealer.
However, notice in good faith to any motor vehicle dealer
of the dealer's violation of any terms or provisions of
such franchise or selling agreement or of any law or
regulation applicable to the conduct of a motor vehicle
dealer shall not constitute a violation of this Act;
(5) to require a franchisee to participate in an
advertising campaign or contest or any promotional
campaign, or to purchase or lease any promotional
materials, training materials, show room or other display
decorations or materials at the expense of the franchisee;
(6) to cancel or terminate the franchise or selling
agreement of a motor vehicle dealer without good cause and
without giving notice as hereinafter provided; to fail or
refuse to extend the franchise or selling agreement of a
motor vehicle dealer upon its expiration without good cause
and without giving notice as hereinafter provided; or, to
offer a renewal, replacement or succeeding franchise or
selling agreement containing terms and provisions the
effect of which is to substantially change or modify the
sales and service obligations or capital requirements of
the motor vehicle dealer arbitrarily and without good cause
and without giving notice as hereinafter provided

notwithstanding any term or provision of a franchise or
selling agreement.
(A) If a manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or
division or wholesale branch or division intends to
cancel or terminate a franchise or selling agreement or
intends not to extend or renew a franchise or selling
agreement on its expiration, it shall send a letter by
certified mail, return receipt requested, to the
affected franchisee at least 60 days before the
effective date of the proposed action, or not later
than 10 days before the proposed action when the reason
for the action is based upon either of the following:
(i) the business operations of the franchisee
have been abandoned or the franchisee has failed to
conduct customary sales and service operations
during customary business hours for at least 7
consecutive business days unless such closing is
due to an act of God, strike or labor difficulty or
other cause over which the franchisee has no
control; or
(ii) the conviction of or plea of nolo
contendere by the motor vehicle dealer or any
operator thereof in a court of competent
jurisdiction to an offense punishable by
imprisonment for more than two years.

Each notice of proposed action shall include a
detailed statement setting forth the specific grounds
for the proposed cancellation, termination, or refusal
to extend or renew and shall state that the dealer has
only 30 days from receipt of the notice to file with
the Motor Vehicle Review Board a written protest
against the proposed action.
(B) If a manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or
division or wholesale branch or division intends to
change substantially or modify the sales and service
obligations or capital requirements of a motor vehicle
dealer as a condition to extending or renewing the
existing franchise or selling agreement of such motor
vehicle dealer, it shall send a letter by certified
mail, return receipt requested, to the affected
franchisee at least 60 days before the date of
expiration of the franchise or selling agreement. Each
notice of proposed action shall include a detailed
statement setting forth the specific grounds for the
proposed action and shall state that the dealer has
only 30 days from receipt of the notice to file with
the Motor Vehicle Review Board a written protest
against the proposed action.
(C) Within 30 days from receipt of the notice under
subparagraphs (A) and (B), the franchisee may file with

the Board a written protest against the proposed
action.
When the protest has been timely filed, the Board
shall enter an order, fixing a date (within 60 days of
the date of the order), time, and place of a hearing on
the protest required under Sections 12 and 29 of this
Act, and send by certified mail, return receipt
requested, a copy of the order to the manufacturer that
filed the notice of intention of the proposed action
and to the protesting dealer or franchisee.
The manufacturer shall have the burden of proof to
establish that good cause exists to cancel or
terminate, or fail to extend or renew the franchise or
selling agreement of a motor vehicle dealer or
franchisee, and to change substantially or modify the
sales and service obligations or capital requirements
of a motor vehicle dealer as a condition to extending
or renewing the existing franchise or selling
agreement. The determination whether good cause exists
to cancel, terminate, or refuse to renew or extend the
franchise or selling agreement, or to change or modify
the obligations of the dealer as a condition to offer
renewal, replacement, or succession shall be made by
the Board under subsection (d) of Section 12 of this
Act.
(D) Notwithstanding the terms, conditions, or

provisions of a franchise or selling agreement, the
following shall not constitute good cause for
cancelling or terminating or failing to extend or renew
the franchise or selling agreement: (i) the change of
ownership or executive management of the franchisee's
dealership; or (ii) the fact that the franchisee or
owner of an interest in the franchise owns, has an
investment in, participates in the management of, or
holds a license for the sale of the same or any other
line make of new motor vehicles.
(E) The manufacturer may not cancel or terminate,
or fail to extend or renew a franchise or selling
agreement or change or modify the obligations of the
franchisee as a condition to offering a renewal,
replacement, or succeeding franchise or selling
agreement before the hearing process is concluded as
prescribed by this Act, and thereafter, if the Board
determines that the manufacturer has failed to meet its
burden of proof and that good cause does not exist to
allow the proposed action;
(7) notwithstanding the terms of any franchise
agreement, to fail to indemnify and hold harmless its
franchised dealers against any judgment or settlement for
damages, including, but not limited to, court costs, expert
witness fees, reasonable attorneys' fees of the new motor
vehicle dealer, and other expenses incurred in the

litigation, so long as such fees and costs are reasonable,
arising out of complaints, claims, or lawsuits, including,
but not limited to, strict liability, negligence,
misrepresentation, warranty (express or implied), or
rescission of the sale as defined in Section 2-608 of the
Uniform Commercial Code, to the extent that the judgment or
settlement relates to the alleged defective or negligent
manufacture, assembly or design of new motor vehicles,
parts or accessories or other functions by the
manufacturer, beyond the control of the dealer; provided
that, in order to provide an adequate defense, the
manufacturer receives notice of the filing of a complaint,
claim, or lawsuit within 60 days after the filing;
(8) to require or otherwise coerce a motor vehicle
dealer to underutilize the motor vehicle dealer's
facilities by requiring or otherwise coercing the motor
vehicle dealer to exclude or remove from the motor vehicle
dealer's facilities operations for selling or servicing of
any vehicles for which the motor vehicle dealer has a
franchise agreement with another manufacturer,
distributor, wholesaler, distribution branch or division,
or officer, agent, or other representative thereof;
provided, however, that, in light of all existing
circumstances, (i) the motor vehicle dealer maintains a
reasonable line of credit for each make or line of new
motor vehicle, (ii) the new motor vehicle dealer remains in

compliance with any reasonable facilities requirements of
the manufacturer, (iii) no change is made in the principal
management of the new motor vehicle dealer, and (iv) the
addition of the make or line of new motor vehicles would be
reasonable. The reasonable facilities requirement set
forth in item (ii) of subsection (d)(8) shall not include
any requirement that a franchisee establish or maintain
exclusive facilities, personnel, or display space. Any
decision by a motor vehicle dealer to sell additional makes
or lines at the motor vehicle dealer's facility shall be
presumed to be reasonable, and the manufacturer shall have
the burden to overcome that presumption. A motor vehicle
dealer must provide a written notification of its intent to
add a make or line of new motor vehicles to the
manufacturer. If the manufacturer does not respond to the
motor vehicle dealer, in writing, objecting to the addition
of the make or line within 60 days after the date that the
motor vehicle dealer sends the written notification, then
the manufacturer shall be deemed to have approved the
addition of the make or line;
(9) to use or consider the performance of a motor
vehicle dealer relating to the sale of the manufacturer's,
distributor's, or wholesaler's vehicles or the motor
vehicle dealer's ability to satisfy any minimum sales or
market share quota or responsibility relating to the sale
of the manufacturer's, distributor's, or wholesaler's new

vehicles in determining:
(A) the motor vehicle dealer's eligibility to
purchase program, certified, or other used motor
vehicles from the manufacturer, distributor, or
wholesaler;
(B) the volume, type, or model of program,
certified, or other used motor vehicles that a motor
vehicle dealer is eligible to purchase from the
manufacturer, distributor, or wholesaler;
(C) the price of any program, certified, or other
used motor vehicle that the dealer is eligible to
purchase from the manufacturer, distributor, or
wholesaler; or
(D) the availability or amount of any discount,
credit, rebate, or sales incentive that the dealer is
eligible to receive from the manufacturer,
distributor, or wholesaler for the purchase of any
program, certified, or other used motor vehicle
offered for sale by the manufacturer, distributor, or
wholesaler;
(10) to take any adverse action against a dealer
pursuant to an export or sale-for-resale prohibition
because the dealer sold or leased a vehicle to a customer
who either exported the vehicle to a foreign country or
resold the vehicle in violation of the prohibition, unless
the export or sale-for-resale prohibition policy was

provided to the dealer in writing either electronically or
on paper, prior to the sale or lease, and the dealer knew
or reasonably should have known of the customer's intent to
export or resell the vehicle in violation of the
prohibition at the time of the sale or lease. If the dealer
causes the vehicle to be registered and titled in this or
any other state, and collects or causes to be collected any
applicable sales or use tax to this State, a rebuttable
presumption is established that the dealer did not have
reason to know of the customer's intent to resell the
vehicle;
(11) to coerce or require any dealer to construct
improvements to his or her facilities or to install new
signs or other franchiser image elements that replace or
substantially alter those improvements, signs, or
franchiser image elements completed within the past 10
years that were required and approved by the manufacturer
or one of its affiliates. The 10-year period under this
paragraph (11) begins to run for a dealer, including that
dealer's successors and assigns, on the date that the
manufacturer gives final written approval of the facility
improvements or installation of signs or other franchiser
image elements or the date that the dealer receives a
certificate of occupancy, whichever is later. For the
purpose of this paragraph (11), the term "substantially
alter" does not include routine maintenance, including,

but not limited to, interior painting, that is reasonably
necessary to keep a dealer facility in attractive
condition; or
(12) to require a dealer to purchase goods or services
to make improvements to the dealer's facilities from a
vendor selected, identified, or designated by a
manufacturer or one of its affiliates by agreement,
program, incentive provision, or otherwise without making
available to the dealer the option to obtain the goods or
services of substantially similar quality and overall
design from a vendor chosen by the dealer and approved by
the manufacturer; however, approval by the manufacturer
shall not be unreasonably withheld, and the dealer's option
to select a vendor shall not be available if the
manufacturer provides substantial reimbursement for the
goods or services offered. "Substantial reimbursement"
means an amount equal to or greater than the cost savings
that would result if the dealer were to utilize a vendor of
the dealer's own selection instead of using the vendor
identified by the manufacturer. For the purpose of this
paragraph (12), the term "goods" does not include movable
displays, brochures, and promotional materials containing
material subject to the intellectual property rights of a
manufacturer. If signs, other than signs containing the
manufacturer's brand or logo or free-standing signs that
are not directly attached to a building, or other

franchiser image or design elements or trade dress are to
be leased to the dealer by a vendor selected, identified,
or designated by the manufacturer, the dealer has the right
to purchase the signs or other franchiser image or design
elements or trade dress of substantially similar quality
and design from a vendor selected by the dealer if the
signs, franchiser image or design elements, or trade dress
are approved by the manufacturer. Approval by the
manufacturer shall not be unreasonably withheld. This
paragraph (12) shall not be construed to allow a dealer or
vendor to impair, infringe upon, or eliminate, directly or
indirectly, the intellectual property rights of the
manufacturer, including, but not limited to, the
manufacturer's intellectual property rights in any
trademarks or trade dress, or other intellectual property
interests owned or controlled by the manufacturer. This
paragraph (12) shall not be construed to permit a dealer to
erect or maintain signs that do not conform to the
manufacturer's intellectual property rights or trademark
or trade dress usage guidelines.
(e) It shall be deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division or
officer, agent or other representative thereof:
(1) to resort to or use any false or misleading
advertisement in connection with his business as such
manufacturer, distributor, wholesaler, distributor branch

or division or officer, agent or other representative
thereof;
(2) to offer to sell or lease, or to sell or lease, any
new motor vehicle to any motor vehicle dealer at a lower
actual price therefor than the actual price offered to any
other motor vehicle dealer for the same model vehicle
similarly equipped or to utilize any device including, but
not limited to, sales promotion plans or programs which
result in such lesser actual price or fail to make
available to any motor vehicle dealer any preferential
pricing, incentive, rebate, finance rate, or low interest
loan program offered to competing motor vehicle dealers in
other contiguous states. However, the provisions of this
paragraph shall not apply to sales to a motor vehicle
dealer for resale to any unit of the United States
Government, the State or any of its political subdivisions;
(3) to offer to sell or lease, or to sell or lease, any
new motor vehicle to any person, except a wholesaler,
distributor or manufacturer's employees at a lower actual
price therefor than the actual price offered and charged to
a motor vehicle dealer for the same model vehicle similarly
equipped or to utilize any device which results in such
lesser actual price. However, the provisions of this
paragraph shall not apply to sales to a motor vehicle
dealer for resale to any unit of the United States
Government, the State or any of its political subdivisions;

(4) to prevent or attempt to prevent by contract or
otherwise any motor vehicle dealer or franchisee from
changing the executive management control of the motor
vehicle dealer or franchisee unless the franchiser, having
the burden of proof, proves that such change of executive
management will result in executive management control by a
person or persons who are not of good moral character or
who do not meet the franchiser's existing and, with
consideration given to the volume of sales and service of
the dealership, uniformly applied minimum business
experience standards in the market area. However, where the
manufacturer rejects a proposed change in executive
management control, the manufacturer shall give written
notice of his reasons to the dealer within 60 days of
notice to the manufacturer by the dealer of the proposed
change. If the manufacturer does not send a letter to the
franchisee by certified mail, return receipt requested,
within 60 days from receipt by the manufacturer of the
proposed change, then the change of the executive
management control of the franchisee shall be deemed
accepted as proposed by the franchisee, and the
manufacturer shall give immediate effect to such change;
(5) to prevent or attempt to prevent by contract or
otherwise any motor vehicle dealer from establishing or
changing the capital structure of his dealership or the
means by or through which he finances the operation

thereof; provided the dealer meets any reasonable capital
standards agreed to between the dealer and the
manufacturer, distributor or wholesaler, who may require
that the sources, method and manner by which the dealer
finances or intends to finance its operation, equipment or
facilities be fully disclosed;
(6) to refuse to give effect to or prevent or attempt
to prevent by contract or otherwise any motor vehicle
dealer or any officer, partner or stockholder of any motor
vehicle dealer from selling or transferring any part of the
interest of any of them to any other person or persons or
party or parties unless such sale or transfer is to a
transferee who would not otherwise qualify for a new motor
vehicle dealers license under the Illinois Vehicle Code or
unless the franchiser, having the burden of proof, proves
that such sale or transfer is to a person or party who is
not of good moral character or does not meet the
franchiser's existing and reasonable capital standards
and, with consideration given to the volume of sales and
service of the dealership, uniformly applied minimum
business experience standards in the market area. However,
nothing herein shall be construed to prevent a franchiser
from implementing affirmative action programs providing
business opportunities for minorities or from complying
with applicable federal, State or local law:
(A) If the manufacturer intends to refuse to

approve the sale or transfer of all or a part of the
interest, then it shall, within 60 days from receipt of
the completed application forms generally utilized by
a manufacturer to conduct its review and a copy of all
agreements regarding the proposed transfer, send a
letter by certified mail, return receipt requested,
advising the franchisee of any refusal to approve the
sale or transfer of all or part of the interest and
shall state that the dealer only has 30 days from the
receipt of the notice to file with the Motor Vehicle
Review Board a written protest against the proposed
action. The notice shall set forth specific criteria
used to evaluate the prospective transferee and the
grounds for refusing to approve the sale or transfer to
that transferee. Within 30 days from the franchisee's
receipt of the manufacturer's notice, the franchisee
may file with the Board a written protest against the
proposed action.
When a protest has been timely filed, the Board
shall enter an order, fixing the date (within 60 days
of the date of such order), time, and place of a
hearing on the protest, required under Sections 12 and
29 of this Act, and send by certified mail, return
receipt requested, a copy of the order to the
manufacturer that filed notice of intention of the
proposed action and to the protesting franchisee.

The manufacturer shall have the burden of proof to
establish that good cause exists to refuse to approve
the sale or transfer to the transferee. The
determination whether good cause exists to refuse to
approve the sale or transfer shall be made by the Board
under subdivisions (6)(B). The manufacturer shall not
refuse to approve the sale or transfer by a dealer or
an officer, partner, or stockholder of a franchise or
any part of the interest to any person or persons
before the hearing process is concluded as prescribed
by this Act, and thereafter if the Board determines
that the manufacturer has failed to meet its burden of
proof and that good cause does not exist to refuse to
approve the sale or transfer to the transferee.
(B) Good cause to refuse to approve such sale or
transfer under this Section is established when such
sale or transfer is to a transferee who would not
otherwise qualify for a new motor vehicle dealers
license under the Illinois Vehicle Code or such sale or
transfer is to a person or party who is not of good
moral character or does not meet the franchiser's
existing and reasonable capital standards and, with
consideration given to the volume of sales and service
of the dealership, uniformly applied minimum business
experience standards in the market area.
(7) to obtain money, goods, services, anything of

value, or any other benefit from any other person with whom
the motor vehicle dealer does business, on account of or in
relation to the transactions between the dealer and the
other person as compensation, except for services actually
rendered, unless such benefit is promptly accounted for and
transmitted to the motor vehicle dealer;
(8) to grant an additional franchise in the relevant
market area of an existing franchise of the same line make
or to relocate an existing motor vehicle dealership within
or into a relevant market area of an existing franchise of
the same line make. However, if the manufacturer wishes to
grant such an additional franchise to an independent person
in a bona fide relationship in which such person is
prepared to make a significant investment subject to loss
in such a dealership, or if the manufacturer wishes to
relocate an existing motor vehicle dealership, then the
manufacturer shall send a letter by certified mail, return
receipt requested, to each existing dealer or dealers of
the same line make whose relevant market area includes the
proposed location of the additional or relocated franchise
at least 60 days before the manufacturer grants an
additional franchise or relocates an existing franchise of
the same line make within or into the relevant market area
of an existing franchisee of the same line make. Each
notice shall set forth the specific grounds for the
proposed grant of an additional or relocation of an

existing franchise and shall state that the dealer has only
30 days from the date of receipt of the notice to file with
the Motor Vehicle Review Board a written protest against
the proposed action. Unless the parties agree upon the
grant or establishment of the additional or relocated
franchise within 30 days from the date the notice was
received by the existing franchisee of the same line make
or any person entitled to receive such notice, the
franchisee or other person may file with the Board a
written protest against the grant or establishment of the
proposed additional or relocated franchise.
When a protest has been timely filed, the Board shall
enter an order fixing a date (within 60 days of the date of
the order), time, and place of a hearing on the protest,
required under Sections 12 and 29 of this Act, and send by
certified or registered mail, return receipt requested, a
copy of the order to the manufacturer that filed the notice
of intention to grant or establish the proposed additional
or relocated franchise and to the protesting dealer or
dealers of the same line make whose relevant market area
includes the proposed location of the additional or
relocated franchise.
When more than one protest is filed against the grant
or establishment of the additional or relocated franchise
of the same line make, the Board may consolidate the
hearings to expedite disposition of the matter. The

manufacturer shall have the burden of proof to establish
that good cause exists to allow the grant or establishment
of the additional or relocated franchise. The manufacturer
may not grant or establish the additional franchise or
relocate the existing franchise before the hearing process
is concluded as prescribed by this Act, and thereafter if
the Board determines that the manufacturer has failed to
meet its burden of proof and that good cause does not exist
to allow the grant or establishment of the additional
franchise or relocation of the existing franchise.
The determination whether good cause exists for
allowing the grant or establishment of an additional
franchise or relocated existing franchise, shall be made by
the Board under subsection (c) of Section 12 of this Act.
If the manufacturer seeks to enter into a contract,
agreement or other arrangement with any person,
establishing any additional motor vehicle dealership or
other facility, limited to the sale of factory repurchase
vehicles or late model vehicles, then the manufacturer
shall follow the notice procedures set forth in this
Section and the determination whether good cause exists for
allowing the proposed agreement shall be made by the Board
under subsection (c) of Section 12, with the manufacturer
having the burden of proof.
A. (Blank).
B. For the purposes of this Section, appointment of

a successor motor vehicle dealer at the same location
as its predecessor, or within 2 miles of such location,
or the relocation of an existing dealer or franchise
within 2 miles of the relocating dealer's or
franchisee's existing location, shall not be construed
as a grant, establishment or the entering into of an
additional franchise or selling agreement, or a
relocation of an existing franchise. The reopening of a
motor vehicle dealership that has not been in operation
for 18 months or more shall be deemed the grant of an
additional franchise or selling agreement.
C. This Section does not apply to the relocation of
an existing dealership or franchise in a county having
a population of more than 300,000 persons when the new
location is within the dealer's current relevant
market area, provided the new location is more than 7
miles from the nearest dealer of the same line make.
This Section does not apply to the relocation of an
existing dealership or franchise in a county having a
population of less than 300,000 persons when the new
location is within the dealer's current relevant
market area, provided the new location is more than 12
miles from the nearest dealer of the same line make. A
dealer that would be farther away from the new location
of an existing dealership or franchise of the same line
make after a relocation may not file a written protest

against the relocation with the Motor Vehicle Review
Board.
D. Nothing in this Section shall be construed to
prevent a franchiser from implementing affirmative
action programs providing business opportunities for
minorities or from complying with applicable federal,
State or local law;
(9) to require a motor vehicle dealer to assent to a
release, assignment, novation, waiver or estoppel which
would relieve any person from liability imposed by this
Act;
(10) to prevent or refuse to give effect to the
succession to the ownership or management control of a
dealership by any legatee under the will of a dealer or to
an heir under the laws of descent and distribution of this
State unless the franchisee has designated a successor to
the ownership or management control under the succession
provisions of the franchise. Unless the franchiser, having
the burden of proof, proves that the successor is a person
who is not of good moral character or does not meet the
franchiser's existing and reasonable capital standards
and, with consideration given to the volume of sales and
service of the dealership, uniformly applied minimum
business experience standards in the market area, any
designated successor of a dealer or franchisee may succeed
to the ownership or management control of a dealership

under the existing franchise if:
(i) The designated successor gives the
franchiser written notice by certified mail,
return receipt requested, of his or her intention
to succeed to the ownership of the dealer within 60
days of the dealer's death or incapacity; and
(ii) The designated successor agrees to be
bound by all the terms and conditions of the
existing franchise.
Notwithstanding the foregoing, in the event the motor
vehicle dealer or franchisee and manufacturer have duly
executed an agreement concerning succession rights prior
to the dealer's death or incapacitation, the agreement
shall be observed.
(A) If the franchiser intends to refuse to honor
the successor to the ownership of a deceased or
incapacitated dealer or franchisee under an existing
franchise agreement, the franchiser shall send a
letter by certified mail, return receipt requested, to
the designated successor within 60 days from receipt of
a proposal advising of its intent to refuse to honor
the succession and to discontinue the existing
franchise agreement and shall state that the
designated successor only has 30 days from the receipt
of the notice to file with the Motor Vehicle Review
Board a written protest against the proposed action.

The notice shall set forth the specific grounds for the
refusal to honor the succession and discontinue the
existing franchise agreement.
If notice of refusal is not timely served upon the
designated successor, the franchise agreement shall
continue in effect subject to termination only as
otherwise permitted by paragraph (6) of subsection (d)
of Section 4 of this Act.
Within 30 days from the date the notice was
received by the designated successor or any other
person entitled to notice, the designee or other person
may file with the Board a written protest against the
proposed action.
When a protest has been timely filed, the Board
shall enter an order, fixing a date (within 60 days of
the date of the order), time, and place of a hearing on
the protest, required under Sections 12 and 29 of this
Act, and send by certified mail, return receipt
requested, a copy of the order to the franchiser that
filed the notice of intention of the proposed action
and to the protesting designee or such other person.
The manufacturer shall have the burden of proof to
establish that good cause exists to refuse to honor the
succession and discontinue the existing franchise
agreement. The determination whether good cause exists
to refuse to honor the succession shall be made by the

Board under subdivision (B) of this paragraph (10). The
manufacturer shall not refuse to honor the succession
or discontinue the existing franchise agreement before
the hearing process is concluded as prescribed by this
Act, and thereafter if the Board determines that it has
failed to meet its burden of proof and that good cause
does not exist to refuse to honor the succession and
discontinue the existing franchise agreement.
(B) No manufacturer shall impose any conditions
upon honoring the succession and continuing the
existing franchise agreement with the designated
successor other than that the franchisee has
designated a successor to the ownership or management
control under the succession provisions of the
franchise, or that the designated successor is of good
moral character or meets the reasonable capital
standards and, with consideration given to the volume
of sales and service of the dealership, uniformly
applied minimum business experience standards in the
market area;
(11) to prevent or refuse to approve a proposal to
establish a successor franchise at a location previously
approved by the franchiser when submitted with the
voluntary termination by the existing franchisee unless
the successor franchisee would not otherwise qualify for a
new motor vehicle dealer's license under the Illinois

Vehicle Code or unless the franchiser, having the burden of
proof, proves that such proposed successor is not of good
moral character or does not meet the franchiser's existing
and reasonable capital standards and, with consideration
given to the volume of sales and service of the dealership,
uniformly applied minimum business experience standards in
the market area. However, when such a rejection of a
proposal is made, the manufacturer shall give written
notice of its reasons to the franchisee within 60 days of
receipt by the manufacturer of the proposal. However,
nothing herein shall be construed to prevent a franchiser
from implementing affirmative action programs providing
business opportunities for minorities, or from complying
with applicable federal, State or local law;
(12) to prevent or refuse to grant a franchise to a
person because such person owns, has investment in or
participates in the management of or holds a franchise for
the sale of another make or line of motor vehicles within 7
miles of the proposed franchise location in a county having
a population of more than 300,000 persons, or within 12
miles of the proposed franchise location in a county having
a population of less than 300,000 persons;
(13) to prevent or attempt to prevent any new motor
vehicle dealer from establishing any additional motor
vehicle dealership or other facility limited to the sale of
factory repurchase vehicles or late model vehicles or

otherwise offering for sale factory repurchase vehicles of
the same line make at an existing franchise by failing to
make available any contract, agreement or other
arrangement which is made available or otherwise offered to
any person; or
(14) to exercise a right of first refusal or other
right to acquire a franchise from a dealer, unless the
manufacturer:
(A) notifies the dealer in writing that it intends
to exercise its right to acquire the franchise not
later than 60 days after the manufacturer's or
distributor's receipt of a notice of the proposed
transfer from the dealer and all information and
documents reasonably and customarily required by the
manufacturer or distributor supporting the proposed
transfer;
(B) pays to the dealer the same or greater
consideration as the dealer has contracted to receive
in connection with the proposed transfer or sale of all
or substantially all of the dealership assets, stock,
or other ownership interest, including the purchase or
lease of all real property, leasehold, or improvements
related to the transfer or sale of the dealership. Upon
exercise of the right of first refusal or such other
right, the manufacturer or distributor shall have the
right to assign the lease or to convey the real

property;
(C) assumes all of the duties, obligations, and
liabilities contained in the agreements that were to be
assumed by the proposed transferee and with respect to
which the manufacturer or distributor exercised the
right of first refusal or other right to acquire the
franchise;
(D) reimburses the proposed transferee for all
reasonable expenses incurred in evaluating,
investigating, and negotiating the transfer of the
dealership prior to the manufacturer's or
distributor's exercise of its right of first refusal or
other right to acquire the dealership. For purposes of
this paragraph, "reasonable expenses" includes the
usual and customary legal and accounting fees charged
for similar work, as well as expenses associated with
the evaluation and investigation of any real property
on which the dealership is operated. The proposed
transferee shall submit an itemized list of its
expenses to the manufacturer or distributor not later
than 30 days after the manufacturer's or distributor's
exercise of the right of first refusal or other right
to acquire the motor vehicle franchise. The
manufacturer or distributor shall reimburse the
proposed transferee for its expenses not later than 90
days after receipt of the itemized list. A manufacturer

or distributor may request to be provided with the
itemized list of expenses before exercising the
manufacturer's or distributor's right of first
refusal.
Except as provided in this paragraph (14), neither the
selling dealer nor the manufacturer or distributor shall
have any liability to any person as a result of a
manufacturer or distributor exercising its right of first
refusal.
For the purpose of this paragraph, "proposed
transferee" means the person to whom the franchise would
have been transferred to, or was proposed to be transferred
to, had the right of first refusal or other right to
acquire the franchise not been exercised by the
manufacturer or distributor.
(f) It is deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division, a
factory branch or division, or a wholesale branch or division,
or officer, agent, broker, shareholder, except a shareholder of
1% or less of the outstanding shares of any class of securities
of a manufacturer, distributor, or wholesaler which is a
publicly traded corporation, or other representative, directly
or indirectly, to own or operate a place of business as a motor
vehicle franchisee or motor vehicle financing affiliate,
except that, this subsection shall not prohibit:
(1) the ownership or operation of a place of business

by a manufacturer, distributor, or wholesaler for a period,
not to exceed 18 months, during the transition from one
motor vehicle franchisee to another;
(2) the investment in a motor vehicle franchisee by a
manufacturer, distributor, or wholesaler if the investment
is for the sole purpose of enabling a partner or
shareholder in that motor vehicle franchisee to acquire an
interest in that motor vehicle franchisee and that partner
or shareholder is not otherwise employed by or associated
with the manufacturer, distributor, or wholesaler and
would not otherwise have the requisite capital investment
funds to invest in the motor vehicle franchisee, and has
the right to purchase the entire equity interest of the
manufacturer, distributor, or wholesaler in the motor
vehicle franchisee within a reasonable period of time not
to exceed 5 years; or
(3) the ownership or operation of a place of business
by a manufacturer that manufactures only diesel engines for
installation in trucks having a gross vehicle weight rating
of more than 16,000 pounds that are required to be
registered under the Illinois Vehicle Code, provided that:
(A) the manufacturer does not otherwise
manufacture, distribute, or sell motor vehicles as
defined under Section 1-217 of the Illinois Vehicle
Code;
(B) the manufacturer owned a place of business and

it was in operation as of January 1, 2016;
(C) the manufacturer complies with all obligations
owed to dealers that are not owned, operated, or
controlled by the manufacturer, including, but not
limited to those obligations arising pursuant to
Section 6;
(D) to further avoid any acts or practices, the
effect of which may be to lessen or eliminate
competition, the manufacturer provides to dealers on
substantially equal terms access to all support for
completing repairs, including, but not limited to,
parts and assemblies, training, and technical service
bulletins, and other information concerning repairs
that the manufacturer provides to facilities that are
owned, operated, or controlled by the manufacturer;
and
(E) the manufacturer does not require that
warranty repair work be performed by a
manufacturer-owned repair facility and the
manufacturer provides any dealer that has an agreement
with the manufacturer to sell and perform warranty
repairs on the manufacturer's engines the opportunity
to perform warranty repairs on those engines,
regardless of whether the dealer sold the truck into
which the engine was installed.
(g) Notwithstanding the terms, provisions, or conditions

of any agreement or waiver, it shall be deemed a violation for
a manufacturer, a distributor, a wholesaler, a distributor
branch or division, a factory branch or division, or a
wholesale branch or division, or officer, agent or other
representative thereof, to directly or indirectly condition
the awarding of a franchise to a prospective new motor vehicle
dealer, the addition of a line make or franchise to an existing
dealer, the renewal of a franchise of an existing dealer, the
approval of the relocation of an existing dealer's facility, or
the approval of the sale or transfer of the ownership of a
franchise on the willingness of a dealer, proposed new dealer,
or owner of an interest in the dealership facility to enter
into a site control agreement or exclusive use agreement unless
separate and reasonable consideration was offered and accepted
for that agreement.
For purposes of this subsection (g), the terms "site
control agreement" and "exclusive use agreement" include any
agreement that has the effect of either (i) requiring that the
dealer establish or maintain exclusive dealership facilities;
or (ii) restricting the ability of the dealer, or the ability
of the dealer's lessor in the event the dealership facility is
being leased, to transfer, sell, lease, or change the use of
the dealership premises, whether by sublease, lease,
collateral pledge of lease, or other similar agreement. "Site
control agreement" and "exclusive use agreement" also include a
manufacturer restricting the ability of a dealer to transfer,

sell, or lease the dealership premises by right of first
refusal to purchase or lease, option to purchase, or option to
lease if the transfer, sale, or lease of the dealership
premises is to a person who is an immediate family member of
the dealer. For the purposes of this subsection (g), "immediate
family member" means a spouse, parent, son, daughter,
son-in-law, daughter-in-law, brother, and sister.
If a manufacturer exercises any right of first refusal to
purchase or lease or option to purchase or lease with regard to
a transfer, sale, or lease of the dealership premises to a
person who is not an immediate family member of the dealer,
then (1) within 60 days from the receipt of the completed
application forms generally utilized by a manufacturer to
conduct its review and a copy of all agreements regarding the
proposed transfer, the manufacturer must notify the dealer of
its intent to exercise the right of first refusal to purchase
or lease or option to purchase or lease and (2) the exercise of
the right of first refusal to purchase or lease or option to
purchase or lease must result in the dealer receiving
consideration, terms, and conditions that either are the same
as or greater than that which they have contracted to receive
in connection with the proposed transfer, sale, or lease of the
dealership premises.
Any provision contained in any agreement entered into on or
after November 25, 2009 (the effective date of Public Act
96-824) that is inconsistent with the provisions of this

subsection (g) shall be voidable at the election of the
affected dealer, prospective dealer, or owner of an interest in
the dealership facility.
(h) For purposes of this subsection:
"Successor manufacturer" means any motor vehicle
manufacturer that, on or after January 1, 2009, acquires,
succeeds to, or assumes any part of the business of another
manufacturer, referred to as the "predecessor manufacturer",
as the result of any of the following:
(i) A change in ownership, operation, or control of the
predecessor manufacturer by sale or transfer of assets,
corporate stock or other equity interest, assignment,
merger, consolidation, combination, joint venture,
redemption, court-approved sale, operation of law or
otherwise.
(ii) The termination, suspension, or cessation of a
part or all of the business operations of the predecessor
manufacturer.
(iii) The discontinuance of the sale of the product
line.
(iv) A change in distribution system by the predecessor
manufacturer, whether through a change in distributor or
the predecessor manufacturer's decision to cease
conducting business through a distributor altogether.
"Former Franchisee" means a new motor vehicle dealer that
has entered into a franchise with a predecessor manufacturer

and that has either:
(i) entered into a termination agreement or deferred
termination agreement with a predecessor or successor
manufacturer related to such franchise; or
(ii) has had such franchise canceled, terminated,
nonrenewed, noncontinued, rejected, nonassumed, or
otherwise ended.
For a period of 3 years from: (i) the date that a successor
manufacturer acquires, succeeds to, or assumes any part of the
business of a predecessor manufacturer; (ii) the last day that
a former franchisee is authorized to remain in business as a
franchised dealer with respect to a particular franchise under
a termination agreement or deferred termination agreement with
a predecessor or successor manufacturer; (iii) the last day
that a former franchisee that was cancelled, terminated,
nonrenewed, noncontinued, rejected, nonassumed, or otherwise
ended by a predecessor or successor manufacturer is authorized
to remain in business as a franchised dealer with respect to a
particular franchise; or (iv) November 25, 2009 (the effective
date of Public Act 96-824), whichever is latest, it shall be
unlawful for such successor manufacturer to enter into a same
line make franchise with any person or to permit the relocation
of any existing same line make franchise, for a line make of
the predecessor manufacturer that would be located or relocated
within the relevant market area of a former franchisee who
owned or leased a dealership facility in that relevant market

area without first offering the additional or relocated
franchise to the former franchisee, or the designated successor
of such former franchisee in the event the former franchisee is
deceased or a person with a disability, at no cost and without
any requirements or restrictions other than those imposed
generally on the manufacturer's other franchisees at that time,
unless one of the following applies:
(1) As a result of the former franchisee's
cancellation, termination, noncontinuance, or nonrenewal
of the franchise, the predecessor manufacturer had
consolidated the line make with another of its line makes
for which the predecessor manufacturer had a franchisee
with a then-existing dealership facility located within
that relevant market area.
(2) The successor manufacturer has paid the former
franchisee, or the designated successor of such former
franchisee in the event the former franchisee is deceased
or a person with a disability, the fair market value of the
former franchisee's franchise on (i) the date the
franchiser franchisor announces the action which results
in the termination, cancellation, or nonrenewal; or (ii)
the date the action which results in termination,
cancellation, or nonrenewal first became general
knowledge; or (iii) the day 12 months prior to the date on
which the notice of termination, cancellation, or
nonrenewal is issued, whichever amount is higher. Payment

is due within 90 days of the effective date of the
termination, cancellation, or nonrenewal. If the
termination, cancellation, or nonrenewal is due to a
manufacturer's change in distributors, the manufacturer
may avoid paying fair market value to the dealer if the new
distributor or the manufacturer offers the dealer a
franchise agreement with terms acceptable to the dealer.
(3) The successor manufacturer proves that it would
have had good cause to terminate the franchise agreement of
the former franchisee, or the successor of the former
franchisee under item (e)(10) in the event that the former
franchisee is deceased or a person with a disability. The
determination of whether the successor manufacturer would
have had good cause to terminate the franchise agreement of
the former franchisee, or the successor of the former
franchisee, shall be made by the Board under subsection (d)
of Section 12. A successor manufacturer that seeks to
assert that it would have had good cause to terminate a
former franchisee, or the successor of the former
franchisee, must file a petition seeking a hearing on this
issue before the Board and shall have the burden of proving
that it would have had good cause to terminate the former
franchisee or the successor of the former franchisee. No
successor dealer, other than the former franchisee, may be
appointed or franchised by the successor manufacturer
within the relevant market area of the former franchisee

until the Board has held a hearing and rendered a
determination on the issue of whether the successor
manufacturer would have had good cause to terminate the
former franchisee.
In the event that a successor manufacturer attempts to
enter into a same line make franchise with any person or to
permit the relocation of any existing line make franchise under
this subsection (h) at a location that is within the relevant
market area of 2 or more former franchisees, then the successor
manufacturer may not offer it to any person other than one of
those former franchisees unless the successor manufacturer can
prove that at least one of the 3 exceptions in items (1), (2),
and (3) of this subsection (h) applies to each of those former
franchisees.
(Source: P.A. 99-143, eff. 7-27-15; 99-844, eff. 8-19-16;
100-201, eff. 8-18-17; 100-308, eff. 8-24-17; revised
1-29-18.)
(815 ILCS 710/10.1) (from Ch. 121 1/2, par. 760.1)
Sec. 10.1. (a) As used in this Section, "motorcycle" means
every motor vehicle having a seat or saddle for the use of the
rider and designed to travel with 3 or less wheels in contact
with the ground, excluding farm, garden, and lawn equipment,
and including off-highway vehicles.
(b) It shall be deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division, or

officer, agent, or other representative thereof:
(1) To require a motorcycle franchisee to participate
in a retail financing plan or retail leasing plan or to
participate in any retail consumer insurance plan.
(2) To own, to operate or to control any motorcycle
dealership in this State for a period longer than 2 years.
(3) (Blank). Whenever any motorcycle dealer enters
into a franchise agreement, evidenced by a contract, with a
wholesaler, manufacturer or distributor wherein the
franchisee agrees to maintain an inventory and the contract
is terminated by the wholesaler, manufacturer,
distributor, or franchisee, then the franchisee may
require the repurchase of the inventory as provided for in
this Act. If the franchisee has any outstanding debts to
the wholesaler, manufacturer or distributor then the
repurchase amount may be credited to the franchisee's
account. The franchise agreement shall either expressly or
by operation of law have as part of its terms a security
agreement whereby the wholesaler, manufacturer, or
distributor agrees to and does grant a security interest to
the motorcycle dealer in the repurchased inventory to
secure payment of the repurchase amount to the dealer. The
perfection, priority, and other matters relating to the
security interest shall be governed by Article 9 of the
Uniform Commercial Code. The provisions of this Section
shall not be construed to affect in any way any security

interest that any financial institution, person,
wholesaler, manufacturer, or distributor may have in the
inventory of the motorcycle dealer.
(4) To require a motorcycle dealer to utilize
manufacturer approved floor fixtures for the display of any
product that is not a product of the manufacturer.
(5) To require a motorcycle dealer to purchase lighting
fixtures that are to be installed in the dealership only
from the manufacturer's approved vendors.
(6) To require a motorcycle dealer to relocate to a new
or alternate facility.
Whenever any motorcycle dealer enters into a franchise
agreement, evidenced by a contract, with a wholesaler,
manufacturer, or distributor wherein the franchisee agrees to
maintain an inventory and the contract is terminated by the
wholesaler, manufacturer, distributor, or franchisee, then the
franchisee may require the repurchase of the inventory as
provided for in this Act. If the franchisee has any outstanding
debts to the wholesaler, manufacturer, or distributor, then the
repurchase amount may be credited to the franchisee's account.
The franchise agreement shall either expressly or by operation
of law have as part of its terms a security agreement whereby
the wholesaler, manufacturer, or distributor agrees to and does
grant a security interest to the motorcycle dealer in the
repurchased inventory to secure payment of the repurchase
amount to the dealer. The perfection, priority, and other

matters relating to the security interest shall be governed by
Article 9 of the Uniform Commercial Code. The provisions of
this Section shall not be construed to affect in any way any
security interest that any financial institution, person,
wholesaler, manufacturer, or distributor may have in the
inventory of the motorcycle dealer.
(c) The provisions of this Section 10.1 are applicable to
all new or existing motorcycle franchisees and franchisers
franchisors and are in addition to the other rights and
remedies provided in this Act, and, in the case of a conflict
with other provisions contained in this Act, with respect to
motorcycle franchises, this Section shall be controlling.
(d) The filing of a timely protest by a motorcycle
franchise before the Motor Vehicle Review Board as prescribed
by Sections 12 and 29 of this Act, shall stay the effective
date of a proposed additional franchise or selling agreement,
or the effective date of a proposed motorcycle dealership
relocation, or the effective date of a cancellation,
termination, or modification, or extend the expiration date of
a franchise or selling agreement by refusal to honor succession
to ownership or refusal to approve a sale or transfer pending a
final determination of the issues in the hearing.
(Source: P.A. 98-424, eff. 1-1-14; revised 10-6-17.)
Section 685. The Illinois Secure Choice Savings Program Act
is amended by changing Section 60 as follows:

(820 ILCS 80/60)
Sec. 60. Program implementation and enrollment. Except as
otherwise provided in Section 93 of this Act, the Program shall
be implemented, and enrollment of employees shall begin in
2018. The Board shall establish an implementation timeline
under which employers shall enroll their employees in into the
Program. The timeline shall include the date by which an
employer must begin enrollment of its employees in into the
Program and the date by which enrollment must be complete. The
Board shall adopt the implementation timeline at a public
meeting of the Board and shall publicize the implementation
timeline. The Board shall provide advance notice to employers
of their enrollment date and the amount of time to complete
enrollment. The Board's implementation timeline shall ensure
that all employees are required to be enrolled in into the
Program by December 31, 2020. The provisions of this Section
shall be in force after the Board opens the Program for
enrollment.
(a) Each employer shall establish a payroll deposit
retirement savings arrangement to allow each employee to
participate in the Program within the timeline set by the Board
after the Program opens for enrollment.
(b) Employers shall automatically enroll in the Program
each of their employees who has not opted out of participation
in the Program using the form described in subsection (c) of

Section 55 of this Act and shall provide payroll deduction
retirement savings arrangements for such employees and
deposit, on behalf of such employees, these funds into the
Program. Small employers may, but are not required to, provide
payroll deduction retirement savings arrangements for each
employee who elects to participate in the Program. Small
employers' use of automatic enrollment for employees is subject
to final rules from the United States Department of Labor.
Utilization of automatic enrollment by small employers may be
allowed only if it does not create employer liability under the
federal Employee Retirement Income Security Act.
(c) Enrollees shall have the ability to select a
contribution level into the Fund. This level may be expressed
as a percentage of wages or as a dollar amount up to the
deductible amount for the enrollee's taxable year under Section
219(b)(1)(A) of the Internal Revenue Code. Enrollees may change
their contribution level at any time, subject to rules
promulgated by the Board. If an enrollee fails to select a
contribution level using the form described in subsection (c)
of Section 55 of this Act, then he or she shall contribute the
default contribution rate of his or her wages to the Program,
provided that such contributions shall not cause the enrollee's
total contributions to IRAs for the year to exceed the
deductible amount for the enrollee's taxable year under Section
219(b)(1)(A) of the Internal Revenue Code.
(d) Enrollees may select an investment option from the

permitted investment options listed in Section 45 of this Act.
Enrollees may change their investment option at any time,
subject to rules promulgated by the Board. In the event that an
enrollee fails to select an investment option, that enrollee
shall be placed in the investment option selected by the Board
as the default under subsection (c) of Section 45 of this Act.
If the Board has not selected a default investment option under
subsection (c) of Section 45 of this Act, then an enrollee who
fails to select an investment option shall be placed in the
life-cycle fund investment option.
(e) Following initial implementation of the Program
pursuant to this Section, at least once every year,
participating employers shall designate an open enrollment
period during which employees who previously opted out of the
Program may enroll in the Program.
(f) An employee who opts out of the Program who
subsequently wants to participate through the participating
employer's payroll deposit retirement savings arrangement may
only enroll during the participating employer's designated
open enrollment period or if permitted by the participating
employer at an earlier time.
(g) Employers shall retain the option at all times to set
up any type of employer-sponsored retirement plan, such as a
defined benefit plan or a 401(k), Simplified Employee Pension
(SEP) plan, or Savings Incentive Match Plan for Employees
(SIMPLE) plan, or to offer an automatic enrollment payroll

deduction IRA, instead of having a payroll deposit retirement
savings arrangement to allow employee participation in the
Program.
(h) An employee may terminate his or her participation in
the Program at any time in a manner prescribed by the Board.
(i) The Board shall establish and maintain an Internet
website designed to assist employers in identifying private
sector providers of retirement arrangements that can be set up
by the employer rather than allowing employee participation in
the Program under this Act; however, the Board shall only
establish and maintain an Internet website under this
subsection if there is sufficient interest in such an Internet
website by private sector providers and if the private sector
providers furnish the funding necessary to establish and
maintain the Internet website. The Board must provide public
notice of the availability of and the process for inclusion on
the Internet website before it becomes publicly available. This
Internet website must be available to the public before the
Board opens the Program for enrollment, and the Internet
website address must be included on any Internet website
posting or other materials regarding the Program offered to the
public by the Board.
(Source: P.A. 99-571, eff. 7-15-16; 100-6, eff. 6-30-17;
revised 10-5-17.)
Section 690. The Prevailing Wage Act is amended by changing

Section 9 as follows:
(820 ILCS 130/9) (from Ch. 48, par. 39s-9)
Sec. 9. To effectuate the purpose and policy of this Act
each public body shall, during the month of June of each
calendar year, investigate and ascertain the prevailing rate of
wages as defined in this Act and publicly post or keep
available for inspection by any interested party in the main
office of such public body its determination of such prevailing
rate of wage and shall promptly file, no later than July 15 of
each year, a certified copy thereof in the office of the
Illinois Department of Labor.
The Department of Labor shall during the month of June of
each calendar year, investigate and ascertain the prevailing
rate of wages for each county in the State. If a public body
does not investigate and ascertain the prevailing rate of wages
during the month of June as required by the previous paragraph,
then the prevailing rate of wages for that public body shall be
the rate as determined by the Department under this paragraph
for the county in which such public body is located. The
Department shall publish on its official website a prevailing
wage schedule for each county in the State, no later than
August 15 of each year, based on the prevailing rate of wages
investigated and ascertained by the Department during the month
of June. Nothing prohibits the Department from publishing
prevailing wage rates more than once per year.

Where the Department of Labor ascertains the prevailing
rate of wages, it is the duty of the Department of Labor within
30 days after receiving a notice from the public body
authorizing the proposed work, to conduct an investigation to
ascertain the prevailing rate of wages as defined in this Act
and such investigation shall be conducted in the locality in
which the work is to be performed. The Department of Labor
shall send a certified copy of its findings to the public body
authorizing the work and keep a record of its findings
available for inspection by any interested party in the office
of the Department of Labor at Springfield.
The public body except for the Department of Transportation
with respect to highway contracts shall within 30 days after
filing with the Department of Labor, or the Department of Labor
shall within 30 days after filing with such public body,
publish in a newspaper of general circulation within the area
that the determination is effective, a notice of its
determination and shall promptly mail a copy of its
determination to any employer, and to any association of
employers and to any person or association of employees who
have filed their names and addresses, requesting copies of any
determination stating the particular rates and the particular
class of workers whose wages will be affected by such rates. If
the Department of Labor ascertains the prevailing rate of wages
for a public body, the public body may satisfy the newspaper
publication requirement in this paragraph by posting on the

public body's website a notice of its determination with a
hyperlink to the prevailing wage schedule for that locality
that is published on the official website of the Department of
Labor.
At any time within 30 days after the Department of Labor
has published on its official web site a prevailing wage
schedule, any person affected thereby may object in writing to
the determination or such part thereof as they may deem
objectionable by filing a written notice with the public body
or Department of Labor, whichever has made such determination,
stating the specified grounds of the objection. It shall
thereafter be the duty of the public body or Department of
Labor to set a date for a hearing on the objection after giving
written notice to the objectors at least 10 days before the
date of the hearing and said notice shall state the time and
place of such hearing. Such hearing by a public body shall be
held within 45 days after the objection is filed, and shall not
be postponed or reset for a later date except upon the consent,
in writing, of all the objectors and the public body. If such
hearing is not held by the public body within the time herein
specified, the Department of Labor may, upon request of the
objectors, conduct the hearing on behalf of the public body.
The public body or Department of Labor, whichever has made
such determination, is authorized in its discretion to hear
each written objection filed separately or consolidate for
hearing any one or more written objections filed with them. At

such hearing, the public body or Department of Labor shall
introduce in evidence the investigation it instituted which
formed the basis of its determination, and the public body or
Department of Labor, or any interested objectors may thereafter
introduce such evidence as is material to the issue.
Thereafter, the public body or Department of Labor, must rule
upon the written objection and make such final determination as
it believes the evidence warrants, and promptly file a
certified copy of its final determination with such public
body, and serve a copy by personal service or registered mail
on all parties to the proceedings. The final determination by
the Department of Labor or a public body shall be rendered
within 30 days after the conclusion of the hearing.
If proceedings to review judicially the final
determination of the public body or Department of Labor are not
instituted as hereafter provided, such determination shall be
final and binding.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for
the judicial review of final administrative decisions of any
public body or the Department of Labor hereunder. The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
Appeals from all final orders and judgments entered by the
court in review of the final administrative decision of the

public body or Department of Labor, may be taken by any party
to the action.
Any proceeding in any court affecting a determination of
the Department of Labor or public body shall have priority in
hearing and determination over all other civil proceedings
pending in said court, except election contests.
In all reviews or appeals under this Act, it shall be the
duty of the Attorney General to represent the Department of
Labor, and defend its determination. The Attorney General shall
not represent any public body, except the State, in any such
review or appeal.
(Source: P.A. 100-2, eff. 6-16-17; 100-154, eff. 8-18-17;
revised 10-6-17.)
Section 695. The Workplace Violence Prevention Act is
amended by changing Section 95 as follows:
(820 ILCS 275/95)
Sec. 95. Notice of orders. (a) Upon issuance of a workplace
protection restraining order, the clerk shall immediately, or
on the next court day if an emergency order is issued in
accordance with subsection (c) of Section 70 of this Act:
(1) enter the order on the record and file it in
accordance with the circuit court procedures; and
(2) provide a file stamped copy of the order to the
respondent, if present, and to the petitioner.

(Source: P.A. 98-766, eff. 7-16-14; revised 11-8-17.)
Section 700. "An Act concerning revenue", veto overridden
July 6, 2017, Public Act 100-22, is amended by changing the
headings of Article 1 (STATE TAX LIEN REGISTRATION ACT),
Article 15 (REVISED UNIFORM UNCLAIMED PROPERTY ACT), Article 17
(AMENDATORY PROVISIONS; UNCLAIMED PROPERTY), Article 20
(AMENDATORY PROVISIONS; INCOME TAX), Article 25 (AMENDATORY
PROVISIONS; STATE TAX LIEN REGISTRY), Article 30 (GASOHOL;
ETHANOL FUEL), Article 35 (GRAPHIC ARTS), and Article 99
(EFFECTIVE DATE) as follows:
(P.A. 100-22, Tit. 1 heading)
TITLE ARTICLE 1. STATE TAX LIEN REGISTRATION ACT
(Source: P.A. 100-22, eff. 1-1-18.)
(P.A. 100-22, Tit. 15 heading)
TITLE ARTICLE 15. REVISED UNIFORM UNCLAIMED PROPERTY ACT
(Source: P.A. 100-22, eff. 1-1-18.)
(P.A. 100-22, Tit. 17 heading)
TITLE ARTICLE 17. AMENDATORY PROVISIONS; UNCLAIMED PROPERTY
(Source: P.A. 100-22, eff. 1-1-18.)
(P.A. 100-22, Tit. 20 heading)
TITLE ARTICLE 20. AMENDATORY PROVISIONS; INCOME TAX

(Source: P.A. 100-22, eff. 7-6-17.)
(P.A. 100-22, Tit. 25 heading)
TITLE ARTICLE 25. AMENDATORY PROVISIONS; STATE TAX LIEN
REGISTRY
(Source: P.A. 100-22, eff. 1-1-18.)
(P.A. 100-22, Tit. 30 heading)
TITLE ARTICLE 30. GASOHOL; ETHANOL FUEL
(Source: P.A. 100-22, eff. 7-6-17.)
(P.A. 100-22, Tit. 35 heading)
TITLE ARTICLE 35. GRAPHIC ARTS
(Source: P.A. 100-22, eff. 7-6-17.)
(P.A. 100-22, Tit. 99 heading)
TITLE ARTICLE 99. EFFECTIVE DATE
(Source: P.A. 100-22, eff. 7-6-17.)
Section 705. The Revised Uniform Unclaimed Property Act is
amended by changing Section 15-101 as follows:
(765 ILCS 1026/15-101)
Sec. 15-101. Short title. This Act may be cited as the
Revised Uniform Unclaimed Property Act. References in this
Title Article 15 (the Revised Uniform Unclaimed Property Act)

to "this Act" mean this Title Article 15 (the Revised Uniform
Unclaimed Property Act).
(Source: P.A. 100-22, eff. 1-1-18.)
Section 995. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 996. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.
Section 999. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
5 ILCS 80/4.30
5 ILCS 140/7.5
5 ILCS 375/6.11
5 ILCS 382/3-15
10 ILCS 5/1-2 from Ch. 46, par. 1-2
10 ILCS 5/1A-8 from Ch. 46, par. 1A-8
10 ILCS 5/1A-16
10 ILCS 5/2A-30 from Ch. 46, par. 2A-30
10 ILCS 5/3-5 from Ch. 46, par. 3-5
10 ILCS 5/12-5 from Ch. 46, par. 12-5
10 ILCS 5/21-2 from Ch. 46, par. 21-2
10 ILCS 5/28-7 from Ch. 46, par. 28-7
15 ILCS 505/16.5
20 ILCS 415/17 from Ch. 127, par. 63b117
20 ILCS 505/5 from Ch. 23, par. 5005
20 ILCS 505/35.7
20 ILCS 605/605-1020
20 ILCS 630/17
20 ILCS 690/2 from Ch. 5, par. 2252
20 ILCS 805/805-45
20 ILCS 1305/1-17
20 ILCS 1305/1-65
20 ILCS 1305/1-70
20 ILCS 1705/15.4
20 ILCS 2105/2105-15
20 ILCS 2105/2105-207
20 ILCS 2310/2310-676
20 ILCS 2405/3 from Ch. 23, par. 3434
20 ILCS 2407/55
20 ILCS 2630/5.2
20 ILCS 2805/20
20 ILCS 3305/5 from Ch. 127, par. 1055
20 ILCS 3305/7 from Ch. 127, par. 1057
20 ILCS 3425/5.1 from Ch. 128, par. 16.1
20 ILCS 3430/1 from Ch. 123, par. 52
20 ILCS 3475/20
20 ILCS 3855/1-60
20 ILCS 3855/1-75
20 ILCS 3903/15
30 ILCS 105/5.875
30 ILCS 105/5.877
30 ILCS 105/5.878
30 ILCS 105/5.879
30 ILCS 105/5.880
30 ILCS 105/5.881
30 ILCS 105/5.882
30 ILCS 105/5.883
30 ILCS 105/5.884
30 ILCS 105/6z-102
30 ILCS 105/6z-103
30 ILCS 105/6z-104
30 ILCS 105/8.3 from Ch. 127, par. 144.3
30 ILCS 105/8.12 from Ch. 127, par. 144.12
30 ILCS 105/8g
30 ILCS 105/13.2 from Ch. 127, par. 149.2
30 ILCS 330/2.5
30 ILCS 330/9 from Ch. 127, par. 659
30 ILCS 330/11 from Ch. 127, par. 661
30 ILCS 500/15-25
30 ILCS 500/45-45
30 ILCS 500/45-57
30 ILCS 525/1 from Ch. 85, par. 1601
30 ILCS 540/7 from Ch. 127, par. 132.407
30 ILCS 575/8g
30 ILCS 575/8j
30 ILCS 708/45
30 ILCS 740/2-3 from Ch. 111 2/3, par. 663
30 ILCS 750/9-3 from Ch. 127, par. 2709-3
30 ILCS 805/8.41
35 ILCS 5/220
35 ILCS 5/704A
35 ILCS 5/901 from Ch. 120, par. 9-901
35 ILCS 5/917 from Ch. 120, par. 9-917
35 ILCS 25/10
35 ILCS 105/3-5
35 ILCS 105/9 from Ch. 120, par. 439.9
35 ILCS 110/2 from Ch. 120, par. 439.32
35 ILCS 110/9 from Ch. 120, par. 439.39
35 ILCS 115/2 from Ch. 120, par. 439.102
35 ILCS 115/9 from Ch. 120, par. 439.109
35 ILCS 120/2-5
35 ILCS 120/2a from Ch. 120, par. 441a
35 ILCS 120/3 from Ch. 120, par. 442
35 ILCS 200/15-172
35 ILCS 200/21-95
35 ILCS 200/21-265
35 ILCS 516/205
35 ILCS 625/2 from Ch. 120, par. 1412
40 ILCS 5/1-113.22
40 ILCS 5/3-143 from Ch. 108 1/2, par. 3-143
40 ILCS 5/7-172 from Ch. 108 1/2, par. 7-172
40 ILCS 5/8-251 from Ch. 108 1/2, par. 8-251
40 ILCS 5/11-223.1 from Ch. 108 1/2, par. 11-223.1
40 ILCS 5/11-230 from Ch. 108 1/2, par. 11-230
40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158
50 ILCS 50/15
50 ILCS 705/7 from Ch. 85, par. 507
55 ILCS 5/4-5001 from Ch. 34, par. 4-5001
55 ILCS 5/5-1069.3
65 ILCS 5/5-3-1 from Ch. 24, par. 5-3-1
65 ILCS 5/8-11-1.6
65 ILCS 5/8-11-1.7
65 ILCS 5/10-2.1-4 from Ch. 24, par. 10-2.1-4
65 ILCS 5/10-4-2 from Ch. 24, par. 10-4-2
65 ILCS 5/10-4-2.3
65 ILCS 5/11-74.4-3.5
70 ILCS 210/13 from Ch. 85, par. 1233
70 ILCS 3610/8 from Ch. 111 2/3, par. 358
70 ILCS 3615/2.02 from Ch. 111 2/3, par. 702.02
70 ILCS 3615/2.06 from Ch. 111 2/3, par. 702.06
70 ILCS 3615/2.21 from Ch. 111 2/3, par. 702.21
70 ILCS 3720/4 from Ch. 111 2/3, par. 254
105 ILCS 5/2-3.64a-5
105 ILCS 5/2-3.162
105 ILCS 5/2-3.170
105 ILCS 5/2-3.171
105 ILCS 5/2-3.172
105 ILCS 5/3-14.23 from Ch. 122, par. 3-14.23
105 ILCS 5/10-17a from Ch. 122, par. 10-17a
105 ILCS 5/10-20.60
105 ILCS 5/10-20.61
105 ILCS 5/10-20.62
105 ILCS 5/10-20.63
105 ILCS 5/10-20.64
105 ILCS 5/10-20.65
105 ILCS 5/10-20.66
105 ILCS 5/10-22.3f
105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
105 ILCS 5/14-8.02a
105 ILCS 5/14-13.01 from Ch. 122, par. 14-13.01
105 ILCS 5/17-2A from Ch. 122, par. 17-2A
105 ILCS 5/18-8.05
105 ILCS 5/18-12 from Ch. 122, par. 18-12
105 ILCS 5/19-1
105 ILCS 5/21B-20
105 ILCS 5/21B-25
105 ILCS 5/21B-30
105 ILCS 5/21B-45
105 ILCS 5/22-80
105 ILCS 5/26-1 from Ch. 122, par. 26-1
105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
105 ILCS 5/27A-5
105 ILCS 5/29-5 from Ch. 122, par. 29-5
105 ILCS 5/32-7.3 from Ch. 122, par. 32-7.3
105 ILCS 5/34-18.53
105 ILCS 5/34-18.54
105 ILCS 5/34-18.55
105 ILCS 5/34-18.56
105 ILCS 5/34-18.57
105 ILCS 5/34-18.58
105 ILCS 5/34-18.59
105 ILCS 45/1-20
110 ILCS 805/3-20.5 from Ch. 122, par. 103-20.5
110 ILCS 975/3 from Ch. 144, par. 2753
110 ILCS 992/20-50
205 ILCS 5/5 from Ch. 17, par. 311
205 ILCS 5/48.3 from Ch. 17, par. 360.2
205 ILCS 205/9012 from Ch. 17, par. 7309-12
205 ILCS 620/2-1 from Ch. 17, par. 1552-1
205 ILCS 635/3-8 from Ch. 17, par. 2323-8
205 ILCS 635/4-10 from Ch. 17, par. 2324-10
210 ILCS 45/3-206 from Ch. 111 1/2, par. 4153-206
210 ILCS 135/4 from Ch. 91 1/2, par. 1704
215 ILCS 5/15 from Ch. 73, par. 627
215 ILCS 5/17 from Ch. 73, par. 629
215 ILCS 5/21 from Ch. 73, par. 633
215 ILCS 5/25 from Ch. 73, par. 637
215 ILCS 5/27.1 from Ch. 73, par. 639.1
215 ILCS 5/86 from Ch. 73, par. 698
215 ILCS 5/123C-18 from Ch. 73, par. 735C-18
215 ILCS 5/155.57 from Ch. 73, par. 767.57
215 ILCS 5/356z.25
215 ILCS 5/356z.26
215 ILCS 5/356z.27
215 ILCS 5/356z.28
215 ILCS 5/400.1 from Ch. 73, par. 1012.1
215 ILCS 5/429 from Ch. 73, par. 1036
215 ILCS 5/469 from Ch. 73, par. 1065.16
215 ILCS 5/512.63 from Ch. 73, par. 1065.59-63
215 ILCS 5/531.03 from Ch. 73, par. 1065.80-3
215 ILCS 5/1563
215 ILCS 125/5-1 from Ch. 111 1/2, par. 1409A
215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2
215 ILCS 130/4003 from Ch. 73, par. 1504-3
215 ILCS 159/5
215 ILCS 165/10 from Ch. 32, par. 604
215 ILCS 185/15
215 ILCS 185/35
220 ILCS 5/13-703 from Ch. 111 2/3, par. 13-703
220 ILCS 25/1.03 from Ch. 111 2/3, par. 571.03
220 ILCS 50/2.2 from Ch. 111 2/3, par. 1602.2
225 ILCS 25/4 from Ch. 111, par. 2304
225 ILCS 60/22 from Ch. 111, par. 4400-22
225 ILCS 60/54.5
225 ILCS 85/3
225 ILCS 85/4 from Ch. 111, par. 4124
225 ILCS 90/1 from Ch. 111, par. 4251
225 ILCS 203/90
225 ILCS 315/29 from Ch. 111, par. 8129
225 ILCS 330/13 from Ch. 111, par. 3263
225 ILCS 425/9.22 from Ch. 111, par. 2034
225 ILCS 454/1-10
225 ILCS 454/20-20
225 ILCS 610/12 from Ch. 8, par. 160
225 ILCS 650/5.1
230 ILCS 5/28 from Ch. 8, par. 37-28
235 ILCS 5/4-4 from Ch. 43, par. 112
235 ILCS 5/6-11
305 ILCS 5/5-5 from Ch. 23, par. 5-5
305 ILCS 5/5-8 from Ch. 23, par. 5-8
305 ILCS 5/5A-8 from Ch. 23, par. 5A-8
305 ILCS 5/6-1.3 from Ch. 23, par. 6-1.3
305 ILCS 5/11-6 from Ch. 23, par. 11-6
305 ILCS 5/12-5 from Ch. 23, par. 12-5
305 ILCS 20/13
315 ILCS 30/19 from Ch. 67 1/2, par. 91.119
325 ILCS 5/7.4 from Ch. 23, par. 2057.4
325 ILCS 5/7.14 from Ch. 23, par. 2057.14
405 ILCS 115/5
405 ILCS 115/10
410 ILCS 18/5
410 ILCS 54/10
410 ILCS 125/5
410 ILCS 130/160
410 ILCS 210/1 from Ch. 111, par. 4501
410 ILCS 210/1.5
410 ILCS 210/2 from Ch. 111, par. 4502
410 ILCS 210/3 from Ch. 111, par. 4503
410 ILCS 210/5 from Ch. 111, par. 4505
410 ILCS 335/5
410 ILCS 535/1 from Ch. 111 1/2, par. 73-1
410 ILCS 535/24.6
415 ILCS 5/5 from Ch. 111 1/2, par. 1005
415 ILCS 5/22.15 from Ch. 111 1/2, par. 1022.15
415 ILCS 5/29 from Ch. 111 1/2, par. 1029
415 ILCS 5/41 from Ch. 111 1/2, par. 1041
415 ILCS 5/42 from Ch. 111 1/2, par. 1042
415 ILCS 5/44.1
415 ILCS 5/55 from Ch. 111 1/2, par. 1055
415 ILCS 5/55.6 from Ch. 111 1/2, par. 1055.6
415 ILCS 15/11 from Ch. 85, par. 5961
420 ILCS 15/4 from Ch. 111 1/2, par. 230.24
425 ILCS 60/4 from Ch. 127 1/2, par. 804
520 ILCS 5/2.35 from Ch. 61, par. 2.35
520 ILCS 5/3.19 from Ch. 61, par. 3.19
605 ILCS 5/3-105 from Ch. 121, par. 3-105
605 ILCS 5/6-130 from Ch. 121, par. 6-130
620 ILCS 5/1 from Ch. 15 1/2, par. 22.1
620 ILCS 5/47 from Ch. 15 1/2, par. 22.47
620 ILCS 35/10 from Ch. 15 1/2, par. 760
625 ILCS 5/1-118 from Ch. 95 1/2, par. 1-118
625 ILCS 5/1-205.1 from Ch. 95 1/2, par. 1-205.1
625 ILCS 5/1-205.2 from Ch. 95 1/2, par. 1-205.2
625 ILCS 5/3-414 from Ch. 95 1/2, par. 3-414
625 ILCS 5/3-611 from Ch. 95 1/2, par. 3-611
625 ILCS 5/3-699.14
625 ILCS 5/3-802 from Ch. 95 1/2, par. 3-802
625 ILCS 5/3-809 from Ch. 95 1/2, par. 3-809
625 ILCS 5/3-810 from Ch. 95 1/2, par. 3-810
625 ILCS 5/3-810.1 from Ch. 95 1/2, par. 3-810.1
625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
625 ILCS 5/4-216
625 ILCS 5/5-104 from Ch. 95 1/2, par. 5-104
625 ILCS 5/5-104.3
625 ILCS 5/5-503 from Ch. 95 1/2, par. 5-503
625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103
625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115
625 ILCS 5/7-216 from Ch. 95 1/2, par. 7-216
625 ILCS 5/7-604 from Ch. 95 1/2, par. 7-604
625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208
625 ILCS 5/12-503 from Ch. 95 1/2, par. 12-503
625 ILCS 5/12-601 from Ch. 95 1/2, par. 12-601
625 ILCS 5/12-606 from Ch. 95 1/2, par. 12-606
625 ILCS 5/12-806 from Ch. 95 1/2, par. 12-806
625 ILCS 5/12-825
625 ILCS 5/15-301 from Ch. 95 1/2, par. 15-301
625 ILCS 5/15-308.2
625 ILCS 45/3-1 from Ch. 95 1/2, par. 313-1
625 ILCS 45/4-1 from Ch. 95 1/2, par. 314-1
705 ILCS 105/27.2 from Ch. 25, par. 27.2
705 ILCS 405/1-3 from Ch. 37, par. 801-3
705 ILCS 405/1-7 from Ch. 37, par. 801-7
705 ILCS 405/2-10 from Ch. 37, par. 802-10
705 ILCS 405/2-28 from Ch. 37, par. 802-28
705 ILCS 405/5-915
720 ILCS 5/3-5 from Ch. 38, par. 3-5
720 ILCS 5/3-6 from Ch. 38, par. 3-6
720 ILCS 5/9-1 from Ch. 38, par. 9-1
720 ILCS 5/11-9.1 from Ch. 38, par. 11-9.1
720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
720 ILCS 550/14 from Ch. 56 1/2, par. 714
720 ILCS 570/102 from Ch. 56 1/2, par. 1102
720 ILCS 570/204 from Ch. 56 1/2, par. 1204
720 ILCS 570/303.05
725 ILCS 5/110-6.4
725 ILCS 5/112A-14 from Ch. 38, par. 112A-14
730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
730 ILCS 5/5-2-4 from Ch. 38, par. 1005-2-4
735 ILCS 5/3-107 from Ch. 110, par. 3-107
735 ILCS 30/25-5-70
735 ILCS 30/25-5-72
740 ILCS 10/5 from Ch. 38, par. 60-5
740 ILCS 130/4 from Ch. 80, par. 304
750 ILCS 5/505 from Ch. 40, par. 505
750 ILCS 50/4.1 from Ch. 40, par. 1506
750 ILCS 50/18.5 from Ch. 40, par. 1522.5
750 ILCS 60/214 from Ch. 40, par. 2312-14
750 ILCS 90/5
765 ILCS 67/10
765 ILCS 67/75
765 ILCS 305/6 from Ch. 30, par. 196
765 ILCS 605/18 from Ch. 30, par. 318
765 ILCS 605/19 from Ch. 30, par. 319
765 ILCS 605/27 from Ch. 30, par. 327
775 ILCS 5/5-101 from Ch. 68, par. 5-101
805 ILCS 5/14.05 from Ch. 32, par. 14.05
805 ILCS 5/15.85 from Ch. 32, par. 15.85
805 ILCS 206/108
815 ILCS 390/17 from Ch. 21, par. 217
815 ILCS 405/3 from Ch. 121 1/2, par. 503
815 ILCS 505/2L
815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z
815 ILCS 505/2AA
815 ILCS 505/2TTT
815 ILCS 505/2UUU
815 ILCS 710/4 from Ch. 121 1/2, par. 754
815 ILCS 710/10.1 from Ch. 121 1/2, par. 760.1
820 ILCS 80/60
820 ILCS 130/9 from Ch. 48, par. 39s-9
820 ILCS 275/95
P.A. 100-22, Tit. 1
heading
P.A. 100-22, Tit. 15
heading
P.A. 100-22, Tit. 17
heading
P.A. 100-22, Tit. 20
heading
P.A. 100-22, Tit. 25
heading
P.A. 100-22, Tit. 30
heading
P.A. 100-22, Tit. 35
heading
P.A. 100-22, Tit. 99
heading
765 ILCS 1026/15-101
815 ILCS 710/4 from Ch. 121 1/2, par. 754
305 ILCS 5/5-16.8