Bill Text: IL HB5540 | 2015-2016 | 99th General Assembly | Chaptered

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Bill Title: Creates the First 2016 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) 2016-07-28 - Public Act . . . . . . . . . 99-0642 [HB5540 Detail]

Download: Illinois-2015-HB5540-Chaptered.html

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Public Act 099-0642
HB5540 Enrolled LRB099 16003 AMC 40320 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 2016 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 In certain cases in which a repealed Act or Section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incorporate amendments to the repealed Act or Section into the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 98-1174 through 99-492 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 4.36 as follows:
(5 ILCS 80/4.36)
Sec. 4.36. Acts Act repealed on January 1, 2026. The
following Acts are Act is repealed on January 1, 2026:
The Barber, Cosmetology, Esthetics, Hair Braiding, and
Nail Technology Act of 1985.
The Collection Agency Act.
The Hearing Instrument Consumer Protection Act.
The Illinois Athletic Trainers Practice Act.
The Illinois Dental Practice Act.
The Illinois Roofing Industry Licensing Act.
The Illinois Physical Therapy Act.
The Professional Geologist Licensing Act.
The Respiratory Care Practice Act.
(Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15;

99-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;
99-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff.
12-31-15; revised 12-29-15.)
(5 ILCS 80/4.26 rep.)
Section 7. The Regulatory Sunset Act is amended by
repealing Section 4.26.
Section 10. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable

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

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

emergency rules to implement any provision of Public Act 91-24
this amendatory Act of the 91st General Assembly or any other
budget initiative for fiscal year 2000 may be adopted in
accordance with this Section by the agency charged with
administering that provision or initiative, except that the
24-month limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (e). The adoption of emergency
rules authorized by this subsection (e) shall be deemed to be
necessary for the public interest, safety, and welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of Public Act 91-712
this amendatory Act of the 91st General Assembly or any other
budget initiative for fiscal year 2001 may be adopted in
accordance with this Section by the agency charged with
administering that provision or initiative, except that the
24-month limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (f). The adoption of emergency
rules authorized by this subsection (f) shall be deemed to be
necessary for the public interest, safety, and welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of Public Act 92-10
this amendatory Act of the 92nd General Assembly or any other

budget initiative for fiscal year 2002 may be adopted in
accordance with this Section by the agency charged with
administering that provision or initiative, except that the
24-month limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (g). The adoption of emergency
rules authorized by this subsection (g) shall be deemed to be
necessary for the public interest, safety, and welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of Public Act 92-597
this amendatory Act of the 92nd General Assembly or any other
budget initiative for fiscal year 2003 may be adopted in
accordance with this Section by the agency charged with
administering that provision or initiative, except that the
24-month limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (h). The adoption of emergency
rules authorized by this subsection (h) shall be deemed to be
necessary for the public interest, safety, and welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of Public Act 93-20
this amendatory Act of the 93rd General Assembly or any other
budget initiative for fiscal year 2004 may be adopted in
accordance with this Section by the agency charged with

administering that provision or initiative, except that the
24-month limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (i). The adoption of emergency
rules authorized by this subsection (i) shall be deemed to be
necessary for the public interest, safety, and welfare.
(j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid
may also adopt rules under this subsection (j) necessary to
administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
(k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of
Public Act 94-48 this amendatory Act of the 94th General

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

Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of
Public Act 96-45 this amendatory Act of the 96th General
Assembly or any other budget initiative authorized by the 96th
General Assembly for fiscal year 2010 may be adopted in
accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (n) shall be
deemed to be necessary for the public interest, safety, and

welfare. The rulemaking authority granted in this subsection
(n) shall apply only to rules promulgated during Fiscal Year
2010.
(o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of
Public Act 96-958 this amendatory Act of the 96th General
Assembly or any other budget initiative authorized by the 96th
General Assembly for fiscal year 2011 may be adopted in
accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (o) is deemed to
be necessary for the public interest, safety, and welfare. The
rulemaking authority granted in this subsection (o) applies
only to rules promulgated on or after the effective date of
Public Act 96-958 this amendatory Act of the 96th General
Assembly through June 30, 2011.
(p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689,
emergency rules to implement any provision of Public Act 97-689
may be adopted in accordance with this subsection (p) by the
agency charged with administering that provision or
initiative. The 150-day limitation of the effective period of
emergency rules does not apply to rules adopted under this
subsection (p), and the effective period may continue through
June 30, 2013. The 24-month limitation on the adoption of

emergency rules does not apply to rules adopted under this
subsection (p). The adoption of emergency rules authorized by
this subsection (p) is deemed to be necessary for the public
interest, safety, and welfare.
(q) In order to provide for the expeditious and timely
implementation of the provisions of Articles 7, 8, 9, 11, and
12 of Public Act 98-104 this amendatory Act of the 98th General
Assembly, emergency rules to implement any provision of
Articles 7, 8, 9, 11, and 12 of Public Act 98-104 this
amendatory Act of the 98th General Assembly may be adopted in
accordance with this subsection (q) by the agency charged with
administering that provision or initiative. The 24-month
limitation on the adoption of emergency rules does not apply to
rules adopted under this subsection (q). The adoption of
emergency rules authorized by this subsection (q) is deemed to
be necessary for the public interest, safety, and welfare.
(r) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 98-651 this
amendatory Act of the 98th General Assembly, emergency rules to
implement Public Act 98-651 this amendatory Act of the 98th
General Assembly may be adopted in accordance with this
subsection (r) by the Department of Healthcare and Family
Services. The 24-month limitation on the adoption of emergency
rules does not apply to rules adopted under this subsection
(r). The adoption of emergency rules authorized by this
subsection (r) is deemed to be necessary for the public

interest, safety, and welfare.
(s) In order to provide for the expeditious and timely
implementation of the provisions of Sections 5-5b.1 and 5A-2 of
the Illinois Public Aid Code, emergency rules to implement any
provision of Section 5-5b.1 or Section 5A-2 of the Illinois
Public Aid Code may be adopted in accordance with this
subsection (s) by the Department of Healthcare and Family
Services. The rulemaking authority granted in this subsection
(s) shall apply only to those rules adopted prior to July 1,
2015. Notwithstanding any other provision of this Section, any
emergency rule adopted under this subsection (s) shall only
apply to payments made for State fiscal year 2015. The adoption
of emergency rules authorized by this subsection (s) is deemed
to be necessary for the public interest, safety, and welfare.
(t) In order to provide for the expeditious and timely
implementation of the provisions of Article II of Public Act
99-6 this amendatory Act of the 99th General Assembly,
emergency rules to implement the changes made by Article II of
Public Act 99-6 this amendatory Act of the 99th General
Assembly to the Emergency Telephone System Act may be adopted
in accordance with this subsection (t) by the Department of
State Police. The rulemaking authority granted in this
subsection (t) shall apply only to those rules adopted prior to
July 1, 2016. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (t). The adoption of emergency rules authorized by

this subsection (t) is deemed to be necessary for the public
interest, safety, and welfare.
(u) (t) In order to provide for the expeditious and timely
implementation of the provisions of the Burn Victims Relief
Act, emergency rules to implement any provision of the Act may
be adopted in accordance with this subsection (u) (t) by the
Department of Insurance. The rulemaking authority granted in
this subsection (u) (t) shall apply only to those rules adopted
prior to December 31, 2015. The adoption of emergency rules
authorized by this subsection (u) (t) is deemed to be necessary
for the public interest, safety, and welfare.
(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
99-143, eff. 7-27-15; 99-455, eff. 1-1-16; revised 10-15-15.)
Section 15. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions

are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do not
require the holding of a closed meeting to discuss a subject
included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees of the public body or legal counsel for the
public body, including hearing testimony on a complaint
lodged against an employee of the public body or against
legal counsel for the public body to determine its
validity.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the public
body is given power to remove the occupant under law or
ordinance.
(4) Evidence or testimony presented in open hearing, or
in closed hearing where specifically authorized by law, to

a quasi-adjudicative body, as defined in this Act, provided
that the body prepares and makes available for public
inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the purpose
of discussing whether a particular parcel should be
acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments, or
investment contracts. This exception shall not apply to the
investment of assets or income of funds deposited into the
Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to respond
to an actual, a threatened, or a reasonably potential
danger to the safety of employees, students, staff, the
public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or

when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public body
is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair housing
practices and creating a commission or administrative
agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the

advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals for a hospital, or other institution
providing medical care, that is operated by the public
body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes as
mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or

municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Public Aid Code or (ii)
that pertain to appeals under Section 11-8 of the Public
Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a

fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings meeting or portions of meetings of
the advisory committee and peer review subcommittee
created under Section 320 of the Illinois Controlled
Substances Act during which specific controlled substance
prescriber, dispenser, or patient information is
discussed.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the

Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other information
that will inform the public of the business being conducted.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14;
99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15;
revised 10-14-15.)
Section 20. The Freedom of Information Act is amended by
changing Sections 7, 7.5, and 11 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)

Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that

is highly personal or objectionable to a reasonable person
and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information.
The disclosure of information that bears on the public
duties of public employees and officials shall not be
considered an invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the extent
that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or

penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public
body that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency that
is the recipient of the request did not create the record,
did not participate in or have a role in any of the events
which are the subject of the record, and only has access to
the record through the shared electronic record management
system.

(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections if those materials are available
in the library of the correctional facility where the
inmate is confined.
(e-6) Records requested by persons committed to the
Department of Corrections if those materials include
records from staff members' personnel files, staff
rosters, or other staffing assignment information.
(e-7) Records requested by persons committed to the
Department of Corrections if those materials are available
through an administrative request to the Department of
Corrections.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those records
of officers and agencies of the General Assembly that
pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are

furnished under a claim that they are proprietary,
privileged or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension fund,
from a private equity fund or a privately held company
within the investment portfolio of a private equity fund as
a result of either investing or evaluating a potential
investment of public funds in a private equity fund. The
exemption contained in this item does not apply to the
aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company
within the investment portfolio of a private equity fund,
unless the disclosure of the identity of a privately held
company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were

disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by news
media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;

(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including but not limited to power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in

anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication of
employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including but
not limited to software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating

to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,

codes, algorithms, programs, or private keys intended to be
used to create electronic or digital signatures under the
Electronic Commerce Security Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, or to
tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power Agency

Act and Section 16-111.5 of the Public Utilities Act that
is determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Public Aid Code or (ii)
that pertain to appeals under Section 11-8 of the Public
Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also

participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of 2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to the
Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request to
the Department of Human Services or the Department of

Corrections.
(jj) (ii) Confidential information described in
Section 5-535 of the Civil Administrative Code of Illinois.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
98-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
revised 1-11-16.)
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential

under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted

under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by wireless
carriers under the Wireless Emergency Telephone Safety
Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of

compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified

or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability and Portability 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) (bb) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
revised 10-14-15.)

(5 ILCS 140/11) (from Ch. 116, par. 211)
Sec. 11. (a) Any person denied access to inspect or copy
any public record by a public body may file suit for injunctive
or declaratory relief.
(b) Where the denial is from a public body of the State,
suit may be filed in the circuit court for the county where the
public body has its principal office or where the person denied
access resides.
(c) Where the denial is from a municipality or other public
body, except as provided in subsection (b) of this Section,
suit may be filed in the circuit court for the county where the
public body is located.
(d) The circuit court shall have the jurisdiction to enjoin
the public body from withholding public records and to order
the production of any public records improperly withheld from
the person seeking access. If the public body can show that
exceptional circumstances exist, and that the body is
exercising due diligence in responding to the request, the
court may retain jurisdiction and allow the agency additional
time to complete its review of the records.
(e) On motion of the plaintiff, prior to or after in camera
inspection, the court shall order the public body to provide an
index of the records to which access has been denied. The index
shall include the following:
(i) A description of the nature or contents of each
document withheld, or each deletion from a released

document, provided, however, that the public body shall not
be required to disclose the information which it asserts is
exempt; and
(ii) A statement of the exemption or exemptions claimed
for each such deletion or withheld document.
(f) In any action considered by the court, the court shall
consider the matter de novo, and shall conduct such in camera
examination of the requested records as it finds appropriate to
determine if such records or any part thereof may be withheld
under any provision of this Act. The burden shall be on the
public body to establish that its refusal to permit public
inspection or copying is in accordance with the provisions of
this Act. Any public body that asserts that a record is exempt
from disclosure has the burden of proving that it is exempt by
clear and convincing evidence.
(g) In the event of noncompliance with an order of the
court to disclose, the court may enforce its order against any
public official or employee so ordered or primarily responsible
for such noncompliance through the court's contempt powers.
(h) Except as to causes the court considers to be of
greater importance, proceedings arising under this Section
shall take precedence on the docket over all other causes and
be assigned for hearing and trial at the earliest practicable
date and expedited in every way.
(i) If a person seeking the right to inspect or receive a
copy of a public record prevails in a proceeding under this

Section, the court shall award such person reasonable
attorney's attorneys' fees and costs. In determining what
amount of attorney's fees is reasonable, the court shall
consider the degree to which the relief obtained relates to the
relief sought. The changes contained in this subsection apply
to an action filed on or after January 1, 2010 (the effective
date of Public Act 96-542) this amendatory Act of the 96th
General Assembly.
(j) If the court determines that a public body willfully
and intentionally failed to comply with this Act, or otherwise
acted in bad faith, the court shall also impose upon the public
body a civil penalty of not less than $2,500 nor more than
$5,000 for each occurrence. In assessing the civil penalty, the
court shall consider in aggravation or mitigation the budget of
the public body and whether the public body has previously been
assessed penalties for violations of this Act. The changes
contained in this subsection apply to an action filed on or
after January 1, 2010 (the effective date of Public Act 96-542)
this amendatory Act of the 96th General Assembly.
(Source: P.A. 96-542, eff. 1-1-10; 97-813, eff. 7-13-12;
revised 10-14-15.)
Section 25. The State Records Act is amended by changing
Section 9 as follows:
(5 ILCS 160/9) (from Ch. 116, par. 43.12)

Sec. 9. The head of each agency shall establish, and
maintain an active, continuing program for the economical and
efficient management of the records of the agency.
Such program:
(1) shall provide for effective controls over the
creation, maintenance, and use of records in the conduct of
current business and shall ensure that agency electronic
records, as specified in Section 5-135 of the Electronic
Commerce Security Act, are retained in a trustworthy manner
so that the records, and the information contained in the
records, are accessible and usable for reference for the
duration of the retention period; all computer tape or disk
maintenance and preservation procedures must be fully
applied and, if equipment or programs providing access to
the records are updated or replaced, the existing data must
remain accessible in the successor format for the duration
of the approved retention period;
(2) shall provide for cooperation with the Secretary in
appointing a records officer and in applying standards,
procedures, and techniques to improve the management of
records, promote the maintenance and security of records
deemed appropriate for preservation, and facilitate the
segregation and disposal of records of temporary value; and
(3) shall provide for compliance with the provisions of
this Act and the rules and regulations issued thereunder.
If an agency has delegated its authority to retain records

to another agency, then the delegate agency shall maintain the
same, or a more diligent, record retention methodology and
record retention period as the original agency's program. If
the delegate is from the legislative or judicial branch, then
the delegate may use the same record retention methodology and
record retention period that the delegate uses for similar
records.
(Source: P.A. 97-932, eff. 8-10-12; revised 10-13-15.)
Section 30. The Filing of Copies Act is amended by changing
Section 2 as follows:
(5 ILCS 165/2) (from Ch. 116, par. 102)
Sec. 2. In order to be acceptable for filing, reproduced
copies shall conform to the following standards:
(a) be Be facsimiles of the official form, produced by
photo-offset, photoengraving, photocopying, or other
similar reproduction process;
(b) be Be on paper of substantially the same weight and
texture and of a quality at least as good as that used in
the official form;
(c) substantially Substantially duplicate the colors
of the official form;
(d) have Have a high degree of legibility, both as to
the original form and as to matter filled in; the . The
agency with which a report is required to be filed may

reject any illegible reproduction and reject any process
which fails to meet this standard;
(e) be Be on paper perforated in the same manner as the
official form; and
(f) be Be of the same size as the official form, both
as to the dimensions of the paper and the image produced.
(Source: Laws 1961, p. 2551; revised 10-13-15.)
Section 35. The Intergovernmental Cooperation Act is
amended by changing Section 3.5 as follows:
(5 ILCS 220/3.5) (from Ch. 127, par. 743.5)
Sec. 3.5. Any expenditure of funds by a public agency
organized pursuant to an intergovernmental agreement in
accordance with the provisions of this Act and consisting of 5
public agencies or less, except for an intergovernmental risk
management association, self-insurance pool or
self-administered health and accident cooperative or pool,
shall be in accordance with the Illinois Purchasing Act if the
State is a party to the agreement, and shall be in accordance
with any law or ordinance applicable to the public agency with
the largest population which is a party to the agreement if the
State is not a party to the agreement. If the State is not a
party to the agreement and there is no such applicable law or
ordinance, all purchases shall be subject to the provisions of
the Governmental Joint Purchasing Act "An Act authorizing

certain governmental units to purchase personal property,
supplies and services jointly", approved August 15, 1961, as
amended. Such self-insurance or insurance pools may enter into
reinsurance agreements for the protection of their members.
(Source: P.A. 84-1431; revised 10-13-15.)
Section 40. The Election Code is amended by changing
Sections 10-10, 11-6, and 19-12.1 as follows:
(10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
Sec. 10-10. Within 24 hours after the receipt of the
certificate of nomination or nomination papers or proposed
question of public policy, as the case may be, and the
objector's petition, the chairman of the electoral board other
than the State Board of Elections shall send a call by
registered or certified mail to each of the members of the
electoral board, and to the objector who filed the objector's
petition, and either to the candidate whose certificate of
nomination or nomination papers are objected to or to the
principal proponent or attorney for proponents of a question of
public policy, as the case may be, whose petitions are objected
to, and shall also cause the sheriff of the county or counties
in which such officers and persons reside to serve a copy of
such call upon each of such officers and persons, which call
shall set out the fact that the electoral board is required to
meet to hear and pass upon the objections to nominations made

for the office, designating it, and shall state the day, hour
and place at which the electoral board shall meet for the
purpose, which place shall be in the county court house in the
county in the case of the County Officers Electoral Board, the
Municipal Officers Electoral Board, the Township Officers
Electoral Board or the Education Officers Electoral Board,
except that the Municipal Officers Electoral Board, the
Township Officers Electoral Board, and the Education Officers
Electoral Board may meet at the location where the governing
body of the municipality, township, or community college
district, respectively, holds its regularly scheduled
meetings, if that location is available; provided that voter
records may be removed from the offices of an election
authority only at the discretion and under the supervision of
the election authority. In those cases where the State Board of
Elections is the electoral board designated under Section 10-9,
the chairman of the State Board of Elections shall, within 24
hours after the receipt of the certificate of nomination or
nomination papers or petitions for a proposed amendment to
Article IV of the Constitution or proposed statewide question
of public policy, send a call by registered or certified mail
to the objector who files the objector's petition, and either
to the candidate whose certificate of nomination or nomination
papers are objected to or to the principal proponent or
attorney for proponents of the proposed Constitutional
amendment or statewide question of public policy and shall

state the day, hour, and place at which the electoral board
shall meet for the purpose, which place may be in the Capitol
Building or in the principal or permanent branch office of the
State Board. The day of the meeting shall not be less than 3
nor more than 5 days after the receipt of the certificate of
nomination or nomination papers and the objector's petition by
the chairman of the electoral board.
The electoral board shall have the power to administer
oaths and to subpoena and examine witnesses and, at the request
of either party and only upon a vote by a majority of its
members, may authorize the chairman to issue subpoenas
requiring the attendance of witnesses and subpoenas duces tecum
requiring the production of such books, papers, records and
documents as may be evidence of any matter under inquiry before
the electoral board, in the same manner as witnesses are
subpoenaed in the Circuit Court.
Service of such subpoenas shall be made by any sheriff or
other person in the same manner as in cases in such court and
the fees of such sheriff shall be the same as is provided by
law, and shall be paid by the objector or candidate who causes
the issuance of the subpoena. In case any person so served
shall knowingly neglect or refuse to obey any such subpoena, or
to testify, the electoral board shall at once file a petition
in the circuit court of the county in which such hearing is to
be heard, or has been attempted to be heard, setting forth the
facts, of such knowing refusal or neglect, and accompanying the

petition with a copy of the citation and the answer, if one has
been filed, together with a copy of the subpoena and the return
of service thereon, and shall apply for an order of court
requiring such person to attend and testify, and forthwith
produce books and papers, before the electoral board. Any
circuit court of the state, excluding the judge who is sitting
on the electoral board, upon such showing shall order such
person to appear and testify, and to forthwith produce such
books and papers, before the electoral board at a place to be
fixed by the court. If such person shall knowingly fail or
refuse to obey such order of the court without lawful excuse,
the court shall punish him or her by fine and imprisonment, as
the nature of the case may require and may be lawful in cases
of contempt of court.
The electoral board on the first day of its meeting shall
adopt rules of procedure for the introduction of evidence and
the presentation of arguments and may, in its discretion,
provide for the filing of briefs by the parties to the
objection or by other interested persons.
In the event of a State Electoral Board hearing on
objections to a petition for an amendment to Article IV of the
Constitution pursuant to Section 3 of Article XIV of the
Constitution, or to a petition for a question of public policy
to be submitted to the voters of the entire State, the
certificates of the county clerks and boards of election
commissioners showing the results of the random sample of

signatures on the petition shall be prima facie valid and
accurate, and shall be presumed to establish the number of
valid and invalid signatures on the petition sheets reviewed in
the random sample, as prescribed in Section 28-11 and 28-12 of
this Code. Either party, however, may introduce evidence at
such hearing to dispute the findings as to particular
signatures. In addition to the foregoing, in the absence of
competent evidence presented at such hearing by a party
substantially challenging the results of a random sample, or
showing a different result obtained by an additional sample,
this certificate of a county clerk or board of election
commissioners shall be presumed to establish the ratio of valid
to invalid signatures within the particular election
jurisdiction.
The electoral board shall take up the question as to
whether or not the certificate of nomination or nomination
papers or petitions are in proper form, and whether or not they
were filed within the time and under the conditions required by
law, and whether or not they are the genuine certificate of
nomination or nomination papers or petitions which they purport
to be, and whether or not in the case of the certificate of
nomination in question it represents accurately the decision of
the caucus or convention issuing it, and in general shall
decide whether or not the certificate of nomination or
nominating papers or petitions on file are valid or whether the
objections thereto should be sustained and the decision of a

majority of the electoral board shall be final subject to
judicial review as provided in Section 10-10.1. The electoral
board must state its findings in writing and must state in
writing which objections, if any, it has sustained. A copy of
the decision shall be served upon the parties to the
proceedings in open proceedings before the electoral board. If
a party does not appear for receipt of the decision, the
decision shall be deemed to have been served on the absent
party on the date when a copy of the decision is personally
delivered or on the date when a copy of the decision is
deposited in the United Unites States mail, in a sealed
envelope or package, with postage prepaid, addressed to each
party affected by the decision or to such party's attorney of
record, if any, at the address on record for such person in the
files of the electoral board.
Upon the expiration of the period within which a proceeding
for judicial review must be commenced under Section 10-10.1,
the electoral board shall, unless a proceeding for judicial
review has been commenced within such period, transmit, by
registered or certified mail, a certified copy of its ruling,
together with the original certificate of nomination or
nomination papers or petitions and the original objector's
petition, to the officer or board with whom the certificate of
nomination or nomination papers or petitions, as objected to,
were on file, and such officer or board shall abide by and
comply with the ruling so made to all intents and purposes.

(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; 99-78,
eff. 7-20-15; revised 10-14-15.)
(10 ILCS 5/11-6) (from Ch. 46, par. 11-6)
Sec. 11-6. Within 60 days after July 1, 2014 (the effective
date of Public Act 98-691) this amendatory Act of the 98th
General Assembly, each election authority shall transmit to the
principal office of the State Board of Elections and publish on
any website maintained by the election authority maps in
electronic portable document format (PDF) (.PDF) showing the
current boundaries of all the precincts within its
jurisdiction. Whenever election precincts in an election
jurisdiction have been redivided or readjusted, the county
board or board of election commissioners shall prepare maps in
electronic portable document format (PDF) (.PDF) showing such
election precinct boundaries no later than 90 days before the
next scheduled election. The maps shall show the boundaries of
all political subdivisions and districts. The county board or
board of election commissioners shall immediately forward
copies thereof to the chairman of each county central committee
in the county, to each township, ward, or precinct
committeeman, and each local election official whose political
subdivision is wholly or partly in the county and, upon
request, shall furnish copies thereof to each candidate for
political or public office in the county and shall transmit
copies thereof to the principal office of the State Board of

Elections and publish copies thereof on any website maintained
by the election authority.
(Source: P.A. 98-691, eff. 7-1-14; revised 10-14-15.)
(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
Sec. 19-12.1. Any qualified elector who has secured an
Illinois Person with a Disability Identification Card in
accordance with the Illinois Identification Card Act,
indicating that the person named thereon has a Class 1A or
Class 2 disability or any qualified voter who has a permanent
physical incapacity of such a nature as to make it improbable
that he will be able to be present at the polls at any future
election, or any voter who is a resident of (i) a federally
operated veterans' home, hospital, or facility located in
Illinois or (ii) a facility licensed or certified pursuant to
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, or
the MC/DD Act and has a condition or disability of such a
nature as to make it improbable that he will be able to be
present at the polls at any future election, may secure a
voter's identification card for persons with disabilities or a
nursing home resident's identification card, which will enable
him to vote under this Article as a physically incapacitated or
nursing home voter. For the purposes of this Section,
"federally operated veterans' home, hospital, or facility"
means the long-term care facilities at the Jesse Brown VA

Medical Center, Illiana Health Care System, Edward Hines, Jr.
VA Hospital, Marion VA Medical Center, and Captain James A.
Lovell Federal Health Care Center.
Application for a voter's identification card for persons
with disabilities or a nursing home resident's identification
card shall be made either: (a) in writing, with voter's sworn
affidavit, to the county clerk or board of election
commissioners, as the case may be, and shall be accompanied by
the affidavit of the attending physician specifically
describing the nature of the physical incapacity or the fact
that the voter is a nursing home resident and is physically
unable to be present at the polls on election days; or (b) by
presenting, in writing or otherwise, to the county clerk or
board of election commissioners, as the case may be, proof that
the applicant has secured an Illinois Person with a Disability
Identification Card indicating that the person named thereon
has a Class 1A or Class 2 disability. Upon the receipt of
either the sworn-to application and the physician's affidavit
or proof that the applicant has secured an Illinois Person with
a Disability Identification Card indicating that the person
named thereon has a Class 1A or Class 2 disability, the county
clerk or board of election commissioners shall issue a voter's
identification card for persons with disabilities or a nursing
home resident's identification card. Such identification cards
shall be issued for a period of 5 years, upon the expiration of
which time the voter may secure a new card by making

application in the same manner as is prescribed for the
issuance of an original card, accompanied by a new affidavit of
the attending physician. The date of expiration of such
five-year period shall be made known to any interested person
by the election authority upon the request of such person.
Applications for the renewal of the identification cards shall
be mailed to the voters holding such cards not less than 3
months prior to the date of expiration of the cards.
Each voter's identification card for persons with
disabilities or nursing home resident's identification card
shall bear an identification number, which shall be clearly
noted on the voter's original and duplicate registration record
cards. In the event the holder becomes physically capable of
resuming normal voting, he must surrender his voter's
identification card for persons with disabilities or nursing
home resident's identification card to the county clerk or
board of election commissioners before the next election.
The holder of a voter's identification card for persons
with disabilities or a nursing home resident's identification
card may make application by mail for an official ballot within
the time prescribed by Section 19-2. Such application shall
contain the same information as is included in the form of
application for ballot by a physically incapacitated elector
prescribed in Section 19-3 except that it shall also include
the applicant's voter's identification card for persons with
disabilities card number and except that it need not be sworn

to. If an examination of the records discloses that the
applicant is lawfully entitled to vote, he shall be mailed a
ballot as provided in Section 19-4. The ballot envelope shall
be the same as that prescribed in Section 19-5 for voters with
physical disabilities, and the manner of voting and returning
the ballot shall be the same as that provided in this Article
for other vote by mail ballots, except that a statement to be
subscribed to by the voter but which need not be sworn to shall
be placed on the ballot envelope in lieu of the affidavit
prescribed by Section 19-5.
Any person who knowingly subscribes to a false statement in
connection with voting under this Section shall be guilty of a
Class A misdemeanor.
For the purposes of this Section, "nursing home resident"
includes a resident of (i) a federally operated veterans' home,
hospital, or facility located in Illinois or (ii) a facility
licensed under the ID/DD Community Care Act, the MC/DD Act, or
the Specialized Mental Health Rehabilitation Act of 2013. For
the purposes of this Section, "federally operated veterans'
home, hospital, or facility" means the long-term care
facilities at the Jesse Brown VA Medical Center, Illiana Health
Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical
Center, and Captain James A. Lovell Federal Health Care Center.
(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15;
99-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)

Section 45. The Secretary of State Merit Employment Code is
amended by changing Section 10a as follows:
(15 ILCS 310/10a) (from Ch. 124, par. 110a)
Sec. 10a. Jurisdiction A - classification and pay. For
positions in the Office of the Secretary of State with respect
to the classification and pay:
(1) For the preparation, maintenance, and revision by
the Director, subject to approval by the Commission, of a
position classification plan for all positions subject to
this Act, based upon similarity of duties performed,
responsibilities assigned, and conditions of employment so
that the same schedule of pay may be equitably applied to
all positions in the same class. Unless the Commission
disapproves such classification plan or any revision
thereof within 30 calendar days, the Director shall
allocate every such position to one of the classes in the
plan. Any employee affected by the allocation of a position
to a class shall after filing with the Director of
Personnel within 30 calendar days of the allocation a
request for reconsideration thereof in such manner and form
as the Director may prescribe, be given a reasonable
opportunity to be heard by the Director. If the employee
does not accept the decision of the Director he may, within
15 calendar days after receipt of the reconsidered
decision, appeal to the Merit Commission.

(2) For a pay plan to be prepared by the Director for
all employees subject to this Act. Such pay plan may
include provisions for uniformity of starting pay, an
increment plan, area differentials, a delay not to exceed
one year in the reduction of the pay of employees whose
positions are reduced in rank or grade by reallocation
because of a loss of duties or responsibilities after their
appointments to such positions, prevailing rates of wages
in those classifications in which employers are now paying
or may hereafter pay such rates of wage and other
provisions. Such pay plan shall become effective only after
it has been approved by the Secretary of State. Amendments
to the pay plan will be made in the same manner. Such pay
plan shall provide that each employee shall be paid at one
of the rates set forth in the pay plan for the class of
position in which he is employed. Such pay plan shall
provide for a fair and reasonable compensation for far
services rendered.
(Source: P.A. 80-13; revised 10-13-15.)
Section 50. The Illinois Identification Card Act is amended
by changing Sections 2, 4, and 14C as follows:
(15 ILCS 335/2) (from Ch. 124, par. 22)
Sec. 2. Administration and powers and duties of the
Administrator.

(a) The Secretary of State is the Administrator of this
Act, and he is charged with the duty of observing,
administering and enforcing the provisions of this Act.
(b) The Secretary is vested with the powers and duties for
the proper administration of this Act as follows:
1. He shall organize the administration of this Act as
he may deem necessary and appoint such subordinate
officers, clerks and other employees as may be necessary.
2. From time to time, he may make, amend or rescind
rules and regulations as may be in the public interest to
implement the Act.
3. He may prescribe or provide suitable forms as
necessary, including such forms as are necessary to
establish that an applicant for an Illinois Person with a
Disability Identification Card is a "person with a
disability" as defined in Section 4A of this Act, and
establish that an applicant for a State identification card
is a "homeless person" as defined in Section 1A of this
Act.
4. He may prepare under the seal of the Secretary of
State certified copies of any records utilized under this
Act and any such certified copy shall be admissible in any
proceeding in any court in like manner as the original
thereof.
5. Records compiled under this Act shall be maintained
for 6 years, but the Secretary may destroy such records

with the prior approval of the State Records Commission.
6. He shall examine and determine the genuineness,
regularity and legality of every application filed with him
under this Act, and he may in all cases investigate the
same, require additional information or proof or
documentation from any applicant.
7. He shall require the payment of all fees prescribed
in this Act, and all such fees received by him shall be
placed in the Road Fund of the State treasury except as
otherwise provided in Section 12 of this Act. Whenever any
application to the Secretary for an identification card
under this Act is accompanied by any fee, as required by
law, and the application is denied after a review of
eligibility, which may include facial recognition
comparison, the applicant shall not be entitled to a refund
of any fees paid.
(Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16;
revised 10-14-15.)
(15 ILCS 335/4) (from Ch. 124, par. 24)
Sec. 4. Identification Card.
(a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof, or who applies for a standard Illinois Identification
Card upon release as a committed person on parole, mandatory

supervised release, aftercare release, final discharge, or
pardon from the Department of Corrections or Department of
Juvenile Justice by submitting an identification card issued by
the Department of Corrections or Department of Juvenile Justice
under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
Corrections, together with the prescribed fees. No
identification card shall be issued to any person who holds a
valid foreign state identification card, license, or permit
unless the person first surrenders to the Secretary of State
the valid foreign state identification card, license, or
permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and signature
or mark of the applicant. However, the Secretary of State may
provide by rule for the issuance of Illinois Identification
Cards without photographs if the applicant has a bona fide
religious objection to being photographed or to the display of
his or her photograph. The Illinois Identification Card may be
used for identification purposes in any lawful situation only
by the person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as
written by that person and captured in a manner acceptable to
the Secretary of State.
(a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the

Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-10) If the applicant is a judicial officer as defined in
Section 1-10 of the Judicial Privacy Act or a peace officer,
the applicant may elect to have his or her office or work
address listed on the card instead of the applicant's residence
or mailing address. The Secretary may promulgate rules to
implement this provision. For the purposes of this subsection
(a-10), "peace officer" means any person who by virtue of his
or her office or public employment is vested by law with a duty
to maintain public order or to make arrests for a violation of
any penal statute of this State, whether that duty extends to
all violations or is limited to specific violations.
(a-15) The Secretary of State may provide for an expedited
process for the issuance of an Illinois Identification Card.
The Secretary shall charge an additional fee for the expedited
issuance of an Illinois Identification Card, to be set by rule,
not to exceed $75. All fees collected by the Secretary for
expedited Illinois Identification Card service shall be
deposited into the Secretary of State Special Services Fund.
The Secretary may adopt rules regarding the eligibility,
process, and fee for an expedited Illinois Identification Card.
If the Secretary of State determines that the volume of

expedited identification card requests received on a given day
exceeds the ability of the Secretary to process those requests
in an expedited manner, the Secretary may decline to provide
expedited services, and the additional fee for the expedited
service shall be refunded to the applicant.
(b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois Person
with a Disability Identification Card, to any natural person
who is a resident of the State of Illinois, who is a person
with a disability as defined in Section 4A of this Act, who
applies for such card, or renewal thereof. No Illinois Person
with a Disability Identification Card shall be issued to any
person who holds a valid foreign state identification card,
license, or permit unless the person first surrenders to the
Secretary of State the valid foreign state identification card,
license, or permit. The Secretary of State shall charge no fee
to issue such card. The card shall be prepared and supplied by
the Secretary of State, and shall include a photograph and
signature or mark of the applicant, a designation indicating
that the card is an Illinois Person with a Disability
Identification Card, and shall include a comprehensible
designation of the type and classification of the applicant's
disability as set out in Section 4A of this Act. However, the
Secretary of State may provide by rule for the issuance of
Illinois Person with a Disability Identification Cards without
photographs if the applicant has a bona fide religious

objection to being photographed or to the display of his or her
photograph. If the applicant so requests, the card shall
include a description of the applicant's disability and any
information about the applicant's disability or medical
history which the Secretary determines would be helpful to the
applicant in securing emergency medical care. If a mark is used
in lieu of a signature, such mark shall be affixed to the card
in the presence of two witnesses who attest to the authenticity
of the mark. The Illinois Person with a Disability
Identification Card may be used for identification purposes in
any lawful situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant, a determination of
disability from an advanced practice nurse, or any other
documentation of disability whenever any State law requires
that a person with a disability provide such documentation of
disability, however an Illinois Person with a Disability
Identification Card shall not qualify the cardholder to
participate in any program or to receive any benefit which is
not available to all persons with like disabilities.
Notwithstanding any other provisions of law, an Illinois Person
with a Disability Identification Card, or evidence that the
Secretary of State has issued an Illinois Person with a
Disability Identification Card, shall not be used by any person

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

upon which the person becomes 18 years of age and the date upon
which the person becomes 21 years of age.
(c-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State in
identifying these veterans and delivering these vital services
and benefits, the Secretary of State is authorized to issue
Illinois Identification Cards and Illinois Person with a
Disability Identification Cards with the word "veteran"
appearing on the face of the cards. This authorization is
predicated on the unique status of veterans. The Secretary may
not issue any other identification card which identifies an
occupation, status, affiliation, hobby, or other unique
characteristics of the identification card holder which is
unrelated to the purpose of the identification card.
(c-5) Beginning on or before July 1, 2015, the Secretary of
State shall designate a space on each original or renewal
identification card where, at the request of the applicant, the
word "veteran" shall be placed. The veteran designation shall
be available to a person identified as a veteran under
subsection (b) of Section 5 of this Act who was discharged or
separated under honorable conditions.
(d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the

State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made available
at, but not limited to, nutrition sites, senior citizen centers
and Area Agencies on Aging. The applicant, upon receipt of such
card and prior to its use for any purpose, shall have affixed
thereon in the space provided therefor his signature or mark.
(e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Person with a Disability Identification Card a space where the
card holder may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
card holder has renewed his or her Illinois Identification Card
or Illinois Person with a Disability Identification Card.
(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
7-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; revised
10-14-15.)
(15 ILCS 335/14C) (from Ch. 124, par. 34C)
Sec. 14C. Making false application or affidavit.
(a) It is a violation of this Section for any person:
1. To display or present any document for the purpose
of making application for an Illinois Identification Card

or Illinois Person with a Disability Identification Card
knowing that such document contains false information
concerning the identity of the applicant;
2. To accept or allow to be accepted any document
displayed or presented for the purpose of making
application for an Illinois Identification Card or
Illinois Person with a Disability Identification Card
knowing that such document contains false information
concerning the identity identify of the applicant;
3. To knowingly make any false affidavit or swear or
affirm falsely to any matter or thing required by the terms
of this Act to be sworn to or affirmed.
(b) Sentence.
1. Any person convicted of a violation of this Section
shall be guilty of a Class 4 felony.
2. A person convicted of a second or subsequent
violation of this Section shall be guilty of a Class 3
felony.
(c) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity
of any agency of the United States, State of Illinois or any
other state or political subdivision thereof.
(d) The Secretary of State may confiscate any suspected
fraudulent, fictitious, or altered documents submitted by an
applicant in support of an application for an Illinois
Identification Card or Illinois Person with a Disability

Identification Card.
(Source: P.A. 97-1064, eff. 1-1-13; revised 10-13-15.)
Section 55. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 5-23 as follows:
(20 ILCS 301/5-23)
Sec. 5-23. Drug Overdose Prevention Program.
(a) Reports of drug overdose.
(1) The Director of the Division of Alcoholism and
Substance Abuse shall publish annually a report on drug
overdose trends statewide that reviews State death rates
from available data to ascertain changes in the causes or
rates of fatal and nonfatal drug overdose. The report shall
also provide information on interventions that would be
effective in reducing the rate of fatal or nonfatal drug
overdose and shall include an analysis of drug overdose
information reported to the Department of Public Health
pursuant to subsection (e) of Section 3-3013 of the
Counties Code, Section 6.14g of the Hospital Licensing Act,
and subsection (j) of Section 22-30 of the School Code.
(2) The report may include:
(A) Trends in drug overdose death rates.
(B) Trends in emergency room utilization related
to drug overdose and the cost impact of emergency room
utilization.

(C) Trends in utilization of pre-hospital and
emergency services and the cost impact of emergency
services utilization.
(D) Suggested improvements in data collection.
(E) A description of other interventions effective
in reducing the rate of fatal or nonfatal drug
overdose.
(F) A description of efforts undertaken to educate
the public about unused medication and about how to
properly dispose of unused medication, including the
number of registered collection receptacles in this
State, mail-back programs, and drug take-back events.
(b) Programs; drug overdose prevention.
(1) The Director may establish a program to provide for
the production and publication, in electronic and other
formats, of drug overdose prevention, recognition, and
response literature. The Director may develop and
disseminate curricula for use by professionals,
organizations, individuals, or committees interested in
the prevention of fatal and nonfatal drug overdose,
including, but not limited to, drug users, jail and prison
personnel, jail and prison inmates, drug treatment
professionals, emergency medical personnel, hospital
staff, families and associates of drug users, peace
officers, firefighters, public safety officers, needle
exchange program staff, and other persons. In addition to

information regarding drug overdose prevention,
recognition, and response, literature produced by the
Department shall stress that drug use remains illegal and
highly dangerous and that complete abstinence from illegal
drug use is the healthiest choice. The literature shall
provide information and resources for substance abuse
treatment.
The Director may establish or authorize programs for
prescribing, dispensing, or distributing opioid
antagonists for the treatment of drug overdose. Such
programs may include the prescribing of opioid antagonists
for the treatment of drug overdose to a person who is not
at risk of opioid overdose but who, in the judgment of the
health care professional, may be in a position to assist
another individual during an opioid-related drug overdose
and who has received basic instruction on how to administer
an opioid antagonist.
(2) The Director may provide advice to State and local
officials on the growing drug overdose crisis, including
the prevalence of drug overdose incidents, programs
promoting the disposal of unused prescription drugs,
trends in drug overdose incidents, and solutions to the
drug overdose crisis.
(c) Grants.
(1) The Director may award grants, in accordance with
this subsection, to create or support local drug overdose

prevention, recognition, and response projects. Local
health departments, correctional institutions, hospitals,
universities, community-based organizations, and
faith-based organizations may apply to the Department for a
grant under this subsection at the time and in the manner
the Director prescribes.
(2) In awarding grants, the Director shall consider the
necessity for overdose prevention projects in various
settings and shall encourage all grant applicants to
develop interventions that will be effective and viable in
their local areas.
(3) The Director shall give preference for grants to
proposals that, in addition to providing life-saving
interventions and responses, provide information to drug
users on how to access drug treatment or other strategies
for abstaining from illegal drugs. The Director shall give
preference to proposals that include one or more of the
following elements:
(A) Policies and projects to encourage persons,
including drug users, to call 911 when they witness a
potentially fatal drug overdose.
(B) Drug overdose prevention, recognition, and
response education projects in drug treatment centers,
outreach programs, and other organizations that work
with, or have access to, drug users and their families
and communities.

(C) Drug overdose recognition and response
training, including rescue breathing, in drug
treatment centers and for other organizations that
work with, or have access to, drug users and their
families and communities.
(D) The production and distribution of targeted or
mass media materials on drug overdose prevention and
response, the potential dangers of keeping unused
prescription drugs in the home, and methods to properly
dispose of unused prescription drugs.
(E) Prescription and distribution of opioid
antagonists.
(F) The institution of education and training
projects on drug overdose response and treatment for
emergency services and law enforcement personnel.
(G) A system of parent, family, and survivor
education and mutual support groups.
(4) In addition to moneys appropriated by the General
Assembly, the Director may seek grants from private
foundations, the federal government, and other sources to
fund the grants under this Section and to fund an
evaluation of the programs supported by the grants.
(d) Health care professional prescription of opioid
antagonists.
(1) A health care professional who, acting in good
faith, directly or by standing order, prescribes or

dispenses an opioid antagonist to: (a) a patient who, in
the judgment of the health care professional, is capable of
administering the drug in an emergency, or (b) a person who
is not at risk of opioid overdose but who, in the judgment
of the health care professional, may be in a position to
assist another individual during an opioid-related drug
overdose and who has received basic instruction on how to
administer an opioid antagonist shall not, as a result of
his or her acts or omissions, be subject to: (i) any
disciplinary or other adverse action under the Medical
Practice Act of 1987, the Physician Assistant Practice Act
of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
or any other professional licensing statute or (ii) any
criminal liability, except for willful and wanton
misconduct.
(2) A person who is not otherwise licensed to
administer an opioid antagonist may in an emergency
administer without fee an opioid antagonist if the person
has received the patient information specified in
paragraph (4) of this subsection and believes in good faith
that another person is experiencing a drug overdose. The
person shall not, as a result of his or her acts or
omissions, be (i) liable for any violation of the Medical
Practice Act of 1987, the Physician Assistant Practice Act
of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
or any other professional licensing statute, or (ii)

subject to any criminal prosecution or civil liability,
except for willful and wanton misconduct.
(3) A health care professional prescribing an opioid
antagonist to a patient shall ensure that the patient
receives the patient information specified in paragraph
(4) of this subsection. Patient information may be provided
by the health care professional or a community-based
organization, substance abuse program, or other
organization with which the health care professional
establishes a written agreement that includes a
description of how the organization will provide patient
information, how employees or volunteers providing
information will be trained, and standards for documenting
the provision of patient information to patients.
Provision of patient information shall be documented in the
patient's medical record or through similar means as
determined by agreement between the health care
professional and the organization. The Director of the
Division of Alcoholism and Substance Abuse, in
consultation with statewide organizations representing
physicians, pharmacists, advanced practice nurses,
physician assistants, substance abuse programs, and other
interested groups, shall develop and disseminate to health
care professionals, community-based organizations,
substance abuse programs, and other organizations training
materials in video, electronic, or other formats to

facilitate the provision of such patient information.
(4) For the purposes of this subsection:
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids
acting on those receptors, including, but not limited to,
naloxone hydrochloride or any other similarly acting drug
approved by the U.S. Food and Drug Administration.
"Health care professional" means a physician licensed
to practice medicine in all its branches, a licensed
physician assistant prescriptive authority, a licensed
advanced practice nurse prescriptive authority, or an
advanced practice nurse or physician assistant who
practices in a hospital, hospital affiliate, or ambulatory
surgical treatment center and possesses appropriate
clinical privileges in accordance with the Nurse Practice
Act, or a pharmacist licensed to practice pharmacy under
the Pharmacy Practice Act.
"Patient" includes a person who is not at risk of
opioid overdose but who, in the judgment of the physician,
may be in a position to assist another individual during an
overdose and who has received patient information as
required in paragraph (2) of this subsection on the
indications for and administration of an opioid
antagonist.
"Patient information" includes information provided to
the patient on drug overdose prevention and recognition;

how to perform rescue breathing and resuscitation; opioid
antagonist dosage and administration; the importance of
calling 911; care for the overdose victim after
administration of the overdose antagonist; and other
issues as necessary.
(e) Drug overdose response policy.
(1) Every State and local government agency that
employs a law enforcement officer or fireman as those terms
are defined in the Line of Duty Compensation Act must
possess opioid antagonists and must establish a policy to
control the acquisition, storage, transportation, and
administration of such opioid antagonists and to provide
training in the administration of opioid antagonists. A
State or local government agency that employs a fireman as
defined in the Line of Duty Compensation Act but does not
respond to emergency medical calls or provide medical
services shall be exempt from this subsection.
(2) Every publicly or privately owned ambulance,
special emergency medical services vehicle, non-transport
vehicle, or ambulance assist vehicle, as described in the
Emergency Medical Services (EMS) Systems Act, which
responds to requests for emergency services or transports
patients between hospitals in emergency situations must
possess opioid antagonists.
(3) Entities that are required under paragraphs (1) and
(2) to possess opioid antagonists may also apply to the

Department for a grant to fund the acquisition of opioid
antagonists and training programs on the administration of
opioid antagonists.
(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
revised 10-19-15.)
Section 60. The Children and Family Services Act is amended
by changing Section 7 as follows:
(20 ILCS 505/7) (from Ch. 23, par. 5007)
Sec. 7. Placement of children; considerations.
(a) In placing any child under this Act, the Department
shall place the child, as far as possible, in the care and
custody of some individual holding the same religious belief as
the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
(a-5) In placing a child under this Act, the Department
shall place the child with the child's sibling or siblings
under Section 7.4 of this Act unless the placement is not in
each child's best interest, or is otherwise not possible under
the Department's rules. If the child is not placed with a
sibling under the Department's rules, the Department shall
consider placements that are likely to develop, preserve,
nurture, and support sibling relationships, where doing so is
in each child's best interest.

(b) In placing a child under this Act, the Department may
place a child with a relative if the Department determines that
the relative will be able to adequately provide for the child's
safety and welfare based on the factors set forth in the
Department's rules governing relative placements, and that the
placement is consistent with the child's best interests, taking
into consideration the factors set out in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
When the Department first assumes custody of a child, in
placing that child under this Act, the Department shall make
reasonable efforts to identify, locate, and provide notice to
all adult grandparents and other adult relatives of the child
who are ready, willing, and able to care for the child. At a
minimum, these efforts shall be renewed each time the child
requires a placement change and it is appropriate for the child
to be cared for in a home environment. The Department must
document its efforts to identify, locate, and provide notice to
such potential relative placements and maintain the
documentation in the child's case file.
If the Department determines that a placement with any
identified relative is not in the child's best interests or
that the relative does not meet the requirements to be a
relative caregiver, as set forth in Department rules or by
statute, the Department must document the basis for that
decision and maintain the documentation in the child's case
file.

If, pursuant to the Department's rules, any person files an
administrative appeal of the Department's decision not to place
a child with a relative, it is the Department's burden to prove
that the decision is consistent with the child's best
interests.
When the Department determines that the child requires
placement in an environment, other than a home environment, the
Department shall continue to make reasonable efforts to
identify and locate relatives to serve as visitation resources
for the child and potential future placement resources, except
when the Department determines that those efforts would be
futile or inconsistent with the child's best interests.
If the Department determines that efforts to identify and
locate relatives would be futile or inconsistent with the
child's best interests, the Department shall document the basis
of its determination and maintain the documentation in the
child's case file.
If the Department determines that an individual or a group
of relatives are inappropriate to serve as visitation resources
or possible placement resources, the Department shall document
the basis of its determination and maintain the documentation
in the child's case file.
When the Department determines that an individual or a
group of relatives are appropriate to serve as visitation
resources or possible future placement resources, the
Department shall document the basis of its determination,

maintain the documentation in the child's case file, create a
visitation or transition plan, or both, and incorporate the
visitation or transition plan, or both, into the child's case
plan. For the purpose of this subsection, any determination as
to the child's best interests shall include consideration of
the factors set out in subsection (4.05) of Section 1-3 of the
Juvenile Court Act of 1987.
The Department may not place a child with a relative, with
the exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agencies Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult member
of the relative's household for any of the following offenses
under the Criminal Code of 1961 or the Criminal Code of 2012:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses

described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
11-40, and 11-45;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child as described in
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05;
(12) aggravated battery with a firearm as described in
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
(e)(4) of Section 12-3.05;
(13) tampering with food, drugs, or cosmetics;
(14) drug-induced infliction of great bodily harm as
described in Section 12-4.7 or subdivision (g)(1) of
Section 12-3.05;
(15) aggravated stalking;
(16) home invasion;

(17) vehicular invasion;
(18) criminal transmission of HIV;
(19) criminal abuse or neglect of an elderly person or
person with a disability as described in Section 12-21 or
subsection (b) of Section 12-4.4a;
(20) child abandonment;
(21) endangering the life or health of a child;
(22) ritual mutilation;
(23) ritualized abuse of a child;
(24) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
For the purpose of this subsection, "relative" shall
include any person, 21 years of age or over, other than the
parent, who (i) is currently related to the child in any of the
following ways by blood or adoption: grandparent, sibling,
great-grandparent, uncle, aunt, nephew, niece, first cousin,
second cousin, godparent, great-uncle, or great-aunt; or (ii)
is the spouse of such a relative; or (iii) is the child's
step-father, step-mother, or adult step-brother or
step-sister; or (iv) is a fictive kin; "relative" also includes
a person related in any of the foregoing ways to a sibling of a
child, even though the person is not related to the child, when
the child and its sibling are placed together with that person.
For children who have been in the guardianship of the
Department, have been adopted, and are subsequently returned to

the temporary custody or guardianship of the Department, a
"relative" may also include any person who would have qualified
as a relative under this paragraph prior to the adoption, but
only if the Department determines, and documents, that it would
be in the child's best interests to consider this person a
relative, based upon the factors for determining best interests
set forth in subsection (4.05) of Section 1-3 of the Juvenile
Court Act of 1987. A relative with whom a child is placed
pursuant to this subsection may, but is not required to, apply
for licensure as a foster family home pursuant to the Child
Care Act of 1969; provided, however, that as of July 1, 1995,
foster care payments shall be made only to licensed foster
family homes pursuant to the terms of Section 5 of this Act.
Notwithstanding any other provision under this subsection
to the contrary, a fictive kin with whom a child is placed
pursuant to this subsection shall apply for licensure as a
foster family home pursuant to the Child Care Act of 1969
within 6 months of the child's placement with the fictive kin.
The Department shall not remove a child from the home of a
fictive kin on the basis that the fictive kin fails to apply
for licensure within 6 months of the child's placement with the
fictive kin, or fails to meet the standard for licensure. All
other requirements established under the rules and procedures
of the Department concerning the placement of a child, for whom
the Department is legally responsible, with a relative shall
apply. By June 1, 2015, the Department shall promulgate rules

establishing criteria and standards for placement,
identification, and licensure of fictive kin.
For purposes of this subsection, "fictive kin" means any
individual, unrelated by birth or marriage, who is shown to
have close personal or emotional ties with the child or the
child's family prior to the child's placement with the
individual.
The provisions added to this subsection (b) by Public Act
98-846 this amendatory Act of the 98th General Assembly shall
become operative on and after June 1, 2015.
(c) In placing a child under this Act, the Department shall
ensure that the child's health, safety, and best interests are
met. In rejecting placement of a child with an identified
relative, the Department shall ensure that the child's health,
safety, and best interests are met. In evaluating the best
interests of the child, the Department shall take into
consideration the factors set forth in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. When a child must be
placed outside his or her home and cannot be immediately
returned to his or her parents or guardian, a comprehensive,
individualized assessment shall be performed of that child at
which time the needs of the child shall be determined. Only if
race, color, or national origin is identified as a legitimate

factor in advancing the child's best interests shall it be
considered. Race, color, or national origin shall not be
routinely considered in making a placement decision. The
Department shall make special efforts for the diligent
recruitment of potential foster and adoptive families that
reflect the ethnic and racial diversity of the children for
whom foster and adoptive homes are needed. "Special efforts"
shall include contacting and working with community
organizations and religious organizations and may include
contracting with those organizations, utilizing local media
and other local resources, and conducting outreach activities.
(c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection (l-1)
of Section 5, 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.
(d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
(e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 98-846, eff. 1-1-15; 99-143, eff. 7-27-15;

99-340, eff. 1-1-16; revised 10-19-15.)
Section 65. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Section 605-817 as follows:
(20 ILCS 605/605-817) (was 20 ILCS 605/46.19k)
Sec. 605-817. Family loan program.
(a) From amounts appropriated for such purpose, the
Department in consultation with the Department of Human
Services shall solicit proposals to establish programs to be
known as family loan programs. Such programs shall provide
small, no-interest loans to custodial parents with income below
200% of the federal poverty level and an who are working or
enrolled in a post-secondary education program, to aid in
covering the costs of unexpected expenses that could interfere
with their ability to maintain employment or continue
education. Loans awarded through a family loan program may be
paid directly to a third party on behalf of a loan recipient
and in either case shall not constitute income or resources for
the purposes of public assistance and care so long as the funds
are used for the intended purpose.
(b) The Director shall enter into written agreements with
not-for-profit organizations or local government agencies to
administer loan pools. Agreements shall be entered into with no
more than 4 organizations or agencies, no more than one of

which shall be located in the city of Chicago.
(c) Program sites shall be approved based on the
demonstrated ability of the organization or governmental
agency to secure funding from private or public sources
sufficient to establish a loan pool to be maintained through
repayment agreements entered into by eligible low-income
families. Funds awarded by the Department to approved program
sites shall be used for the express purposes of covering
staffing and administration costs associated with
administering the loan pool.
(Source: P.A. 91-372, eff. 1-1-00; 92-16, eff. 6-28-01; revised
10-19-15.)
Section 70. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of Illinois
is amended by changing Section 805-305 as follows:
(20 ILCS 805/805-305) (was 20 ILCS 805/63a23)
Sec. 805-305. Campsites and housing facilities. The
Department has the power to provide facilities for overnight
tent and trailer campsites camp sites and to provide suitable
housing facilities for student and juvenile overnight camping
groups. The Department of Natural Resources may regulate, by
administrative order, the fees to be charged for tent and
trailer camping units at individual park areas based upon the
facilities available. However, for campsites with access to

showers or electricity, any Illinois resident who is age 62 or
older or has a Class 2 disability as defined in Section 4A of
the Illinois Identification Card Act shall be charged only
one-half of the camping fee charged to the general public
during the period Monday through Thursday of any week and shall
be charged the same camping fee as the general public on all
other days. For campsites without access to showers or
electricity, no camping fee authorized by this Section shall be
charged to any resident of Illinois who has a Class 2
disability as defined in Section 4A of the Illinois
Identification Card Act. For campsites without access to
showers or electricity, no camping fee authorized by this
Section shall be charged to any resident of Illinois who is age
62 or older for the use of a campsite camp site unit during the
period Monday through Thursday of any week. No camping fee
authorized by this Section shall be charged to any resident of
Illinois who is a veteran with a disability or a former
prisoner of war, as defined in Section 5 of the Department of
Veterans Affairs Act. No camping fee authorized by this Section
shall be charged to any resident of Illinois after returning
from service abroad or mobilization by the President of the
United States as an active duty member of the United States
Armed Forces, the Illinois National Guard, or the Reserves of
the United States Armed Forces for the amount of time that the
active duty member spent in service abroad or mobilized if the
person (i) applies for a pass at the Department office in

Springfield within 2 years after returning and provides
acceptable verification of service or mobilization to the
Department or (ii) applies for a pass at a Regional Office of
the Department within 2 years after returning and provides
acceptable verification of service or mobilization to the
Department; any portion of a year that the active duty member
spent in service abroad or mobilized shall count as a full
year. Nonresidents shall be charged the same fees as are
authorized for the general public regardless of age. The
Department shall provide by regulation for suitable proof of
age, or either a valid driver's license or a "Golden Age
Passport" issued by the federal government shall be acceptable
as proof of age. The Department shall further provide by
regulation that notice of these reduced admission fees be
posted in a conspicuous place and manner.
Reduced fees authorized in this Section shall not apply to
any charge for utility service.
For the purposes of this Section, "acceptable verification
of service or mobilization" means official documentation from
the Department of Defense or the appropriate Major Command
showing mobilization dates or service abroad dates, including:
(i) a DD-214, (ii) a letter from the Illinois Department of
Military Affairs for members of the Illinois National Guard,
(iii) a letter from the Regional Reserve Command for members of
the Armed Forces Reserve, (iv) a letter from the Major Command
covering Illinois for active duty members, (v) personnel

records for mobilized State employees, and (vi) any other
documentation that the Department, by administrative rule,
deems acceptable to establish dates of mobilization or service
abroad.
For the purposes of this Section, the term "service abroad"
means active duty service outside of the 50 United States and
the District of Columbia, and includes all active duty service
in territories and possessions of the United States.
(Source: P.A. 99-143, eff. 7-27-15; revised 10-14-15.)
Section 75. The Recreational Trails of Illinois Act is
amended by changing Section 34 as follows:
(20 ILCS 862/34)
Sec. 34. Exception from display of Off-Highway Vehicle
Usage Stamps. The operator of an off-highway vehicle shall not
be required to display an Off-Highway Vehicle Usage Stamp if
the off-highway vehicle is:
(1) owned and used by the United States, the State of
Illinois, another state, or a political subdivision
thereof, but these off-highway vehicles shall prominently
display the name of the owner on the off-highway vehicle;
(2) operated on lands where the operator, his or her
immediate family, or both are the sole owners of the land;
this exception shall not apply to clubs, associations, or
lands leased for hunting or recreational purposes;

(3) used only on local, national, or international
competition circuits in events for which written
permission has been obtained by the sponsoring or
sanctioning body from the governmental unit having
jurisdiction over the location of any event held in this
State;
(4) (blank);
(5) used on an off-highway vehicle grant assisted site
and the off-highway vehicle displays an a Off-Highway
Vehicle Access decal;
(6) used in conjunction with a bona fide commercial
business, including, but not limited to, agricultural and
livestock production;
(7) a golf cart, regardless of whether the golf cart is
currently being used for golfing purposes;
(8) displaying a valid motor vehicle registration
issued by the Secretary of State or any other state;
(9) operated by an individual who either possesses an
Illinois Identification Card issued to the operator by the
Secretary of State that lists a Class P2 (or P2O or any
successor classification) or P2A disability or an original
or photocopy of a valid motor vehicle disability placard
issued to the operator by the Secretary of State, or is
assisting a person with a disability who has a Class P2 (or
P2O or any successor classification) or P2A disability
while using the same off-highway vehicle as the individual

with a disability; or
(10) used only at commercial riding parks.
For the purposes of this Section, "golf cart" means a
machine specifically designed for the purposes of transporting
one or more persons and their golf clubs.
For the purposes of this Section, "local, national, or
international competition circuit" means any competition
circuit sponsored or sanctioned by an international, national,
or state organization, including, but not limited to, the
American Motorcyclist Association, or sponsored, sanctioned,
or both by an affiliate organization of an international,
national, or state organization which sanctions competitions,
including trials or practices leading up to or in connection
with those competitions.
For the purposes of this Section, "commercial riding parks"
mean commercial properties used for the recreational operation
of off-highway vehicles by the paying members of the park or
paying guests.
(Source: P.A. 98-820, eff. 8-1-14; 99-143, eff. 7-27-15;
revised 10-14-15.)
Section 80. The Department of Human Services Act is amended
by changing Sections 1-17 and 1-42 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 created by the Nursing Home Care
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, 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.
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 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
a patient 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 a patient in

contravention of that patient's stated or implied objection to
the provision of that service on the ground that that service
conflicts with the patient's religious beliefs or practices,
nor shall the failure to provide a service to a patient be
considered abuse under this Section if the patient has objected
to the provision of that service based on his or her religious
beliefs or practices.
(Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14; 99-143,
eff. 7-27-15; 99-323, eff. 8-7-15; revised 10-19-15.)
(20 ILCS 1305/1-42)
Sec. 1-42. Department Ambassador. Subject to
appropriation, as part of a pilot program, the Department shall
designate one or more officials or employees to serve as
Department Ambassadors Ambassador. Department Ambassadors
shall serve as a liaison between the Department and the public
and shall have the following duties: (i) to inform the public
about services available through the Department, (ii) to assist
the public in accessing those services, (iii) to review the
Department's methods of disseminating information, and (iv) to
recommend and implement more efficient practices of providing
services and information to the public where possible.
(Source: P.A. 98-1065, eff. 8-26-14; revised 10-19-15.)
Section 85. The Burn Victims Relief Act is amended by
changing Section 15 as follows:

(20 ILCS 1410/15)
Sec. 15. Rulemaking. The Department of Insurance may adopt
rules to implement the provisions of this Act. In order to
provide for the expeditious and timely implementation of the
provisions of this Act, emergency rules to implement any
provision of this Act may be adopted by the Department in
accordance with subsection (u) (t) of Section 5-45 of the
Illinois Administrative Procedure Act.
(Source: P.A. 99-455, eff. 1-1-16; revised 10-26-15.)
Section 90. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Section 2105-15 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) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department to the Department of
Central Management Services for deposit into the Paper and

Printing Revolving Fund. The remainder shall be deposited into
the General Revenue Fund.
(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 by
certified and regular mail to the licensee's last known address
as registered with the Department. 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. 98-756, eff. 7-16-14; 98-850, eff. 1-1-15; 99-85,
eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, eff. 8-10-15; revised
10-16-15.)
Section 95. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by setting forth, renumbering, and changing multiple
versions of Section 2310-685 as follows:
(20 ILCS 2310/2310-685)
Sec. 2310-685. Health care facility; policy to encourage
participation in capital projects.
(a) A health care facility shall develop a policy to
encourage the participation of minority-owned, women-owned,
veteran-owned, and small business enterprises in capital
projects undertaken by the health care facility.
(b) A health care system may develop a system-wide policy
in order to comply with the requirement of subsection (a) of
this Section.
(c) The policy required under this Section must be
developed no later than 6 months after January 1, 2016 (the
effective date of Public Act 99-315) this amendatory Act of the
99th General Assembly.

(d) This Section does not apply to health care facilities
with 100 or fewer beds, health care facilities located in a
county with a total census population of less than 3,000,000,
or health care facilities owned or operated by a unit of local
government or the State or federal government.
(e) For the purpose of this Section, "health care facility"
has the same meaning as set forth in the Illinois Health
Facilities Planning Act.
(Source: P.A. 99-315, eff. 1-1-16; revised 9-28-15.)
(20 ILCS 2310/2310-690)
Sec. 2310-690 2310-685. Cytomegalovirus public education.
(a) In this Section:
"CMV" means cytomegalovirus.
"Health care provider" means any physician, hospital
facility, or other person that is licensed or otherwise
authorized to deliver health care services.
(b) The Department shall develop or approve and publish
informational materials for women who may become pregnant,
expectant parents, and parents of infants regarding:
(1) the incidence of CMV;
(2) the transmission of CMV to pregnant women and women
who may become pregnant;
(3) birth defects caused by congenital CMV;
(4) methods of diagnosing congenital CMV; and
(5) available preventive measures to avoid the

infection of women who are pregnant or may become pregnant.
(c) The Department shall publish the information required
under subsection (b) on its Internet website.
(d) The Department shall publish information to:
(1) educate women who may become pregnant, expectant
parents, and parents of infants about CMV; and
(2) raise awareness of CMV among health care providers
who provide care to expectant mothers or infants.
(e) The Department may solicit and accept the assistance of
any relevant medical associations or community resources,
including faith-based resources, to promote education about
CMV under this Section.
(f) If a newborn infant fails the 2 initial hearing
screenings in the hospital, then the hospital performing that
screening shall provide to the parents of the newborn infant
information regarding: (i) birth defects caused by congenital
CMV; (ii) testing opportunities and options for CMV, including
the opportunity to test for CMV before leaving the hospital;
and (iii) early intervention services. Health care providers
may use the materials developed by the Department for
distribution to parents of newborn infants.
(Source: P.A. 99-424, eff. 1-1-16; revised 9-28-15.)
Section 100. The Disabilities Services Act of 2003 is
amended by changing Section 52 as follows:

(20 ILCS 2407/52)
Sec. 52. Applicability; definitions. In accordance with
Section 6071 of the Deficit Reduction Act of 2005 (P.L.
109-171), as used in this Article:
"Departments". The term "Departments" means for the
purposes of this Act, the Department of Human Services, the
Department on Aging, Department of Healthcare and Family
Services and Department of Public Health, unless otherwise
noted.
"Home and community-based long-term care services". The
term "home and community-based long-term care services" means,
with respect to the State Medicaid program, a service aid, or
benefit, home and community-based services, including, but not
limited to, home health and personal care services, that are
provided to a person with a disability, and are voluntarily
accepted, as part of his or her long-term care that: (i) is
provided under the State's qualified home and community-based
program or that could be provided under such a program but is
otherwise provided under the Medicaid program; (ii) is
delivered in a qualified residence; and (iii) is necessary for
the person with a disability to live in the community.
"ID/DD community care facility". The term "ID/DD community
care facility", for the purposes of this Article, means a
skilled nursing or intermediate long-term care facility
subject to licensure by the Department of Public Health under
the ID/DD Community Care Act or the MC/DD Act, an intermediate

care facility for persons with developmental disabilities
(ICF-DDs), and a State-operated developmental center or mental
health center, whether publicly or privately owned.
"Money Follows the Person" Demonstration. Enacted by the
Deficit Reduction Act of 2005, the Money Follows the Person
(MFP) Rebalancing Demonstration is part of a comprehensive,
coordinated strategy to assist states, in collaboration with
stakeholders, to make widespread changes to their long-term
care support systems. This initiative will assist states in
their efforts to reduce their reliance on institutional care
while developing community-based long-term care opportunities,
enabling the elderly and people with disabilities to fully
participate in their communities.
"Public funds" mean any funds appropriated by the General
Assembly to the Departments of Human Services, on Aging, of
Healthcare and Family Services and of Public Health for
settings and services as defined in this Article.
"Qualified residence". The term "qualified residence"
means, with respect to an eligible individual: (i) a home owned
or leased by the individual or the individual's authorized
representative (as defined by P.L. 109-171); (ii) an apartment
with an individual lease, with lockable access and egress, and
which includes living, sleeping, bathing, and cooking areas
over which the individual or the individual's family has domain
and control; or (iii) a residence, in a community-based
residential setting, in which no more than 4 unrelated

individuals reside. Where qualified residences are not
sufficient to meet the demand of eligible individuals,
time-limited exceptions to this definition may be developed
through administrative rule.
"Self-directed services". The term "self-directed
services" means, with respect to home and community-based
long-term services for an eligible individual, those services
for the individual that are planned and purchased under the
direction and control of the individual or the individual's
authorized representative, including the amount, duration,
scope, provider, and location of such services, under the State
Medicaid program consistent with the following requirements:
(a) Assessment: there is an assessment of the needs,
capabilities, and preference of the individual with
respect to such services.
(b) Individual service care or treatment plan: based on
the assessment, there is development jointly with such
individual or individual's authorized representative, a
plan for such services for the individual that (i)
specifies those services, if any, that the individual or
the individual's authorized representative would be
responsible for directing; (ii) identifies the methods by
which the individual or the individual's authorized
representative or an agency designated by an individual or
representative will select, manage, and dismiss providers
of such services.

(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
revised 11-3-15.)
Section 105. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement and sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the Unified Code of Corrections,
730 ILCS 5/5-1-2 through 5/5-1-22:
(i) Business Offense (730 ILCS 5/5-1-2),
(ii) Charge (730 ILCS 5/5-1-3),
(iii) Court (730 ILCS 5/5-1-6),
(iv) Defendant (730 ILCS 5/5-1-7),
(v) Felony (730 ILCS 5/5-1-9),
(vi) Imprisonment (730 ILCS 5/5-1-10),
(vii) Judgment (730 ILCS 5/5-1-12),
(viii) Misdemeanor (730 ILCS 5/5-1-14),
(ix) Offense (730 ILCS 5/5-1-15),
(x) Parole (730 ILCS 5/5-1-16),
(xi) Petty Offense (730 ILCS 5/5-1-17),

(xii) Probation (730 ILCS 5/5-1-18),
(xiii) Sentence (730 ILCS 5/5-1-19),
(xiv) Supervision (730 ILCS 5/5-1-21), and
(xv) Victim (730 ILCS 5/5-1-22).
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by 730 ILCS
5/5-1-3) brought against a defendant where the
defendant is not arrested prior to or as a direct
result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered by
a legally constituted jury or by a court of competent
jurisdiction authorized to try the case without a jury.
An order of supervision successfully completed by the
petitioner is not a conviction. An order of qualified
probation (as defined in subsection (a)(1)(J))
successfully completed by the petitioner is not a
conviction. An order of supervision or an order of
qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal

ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively considered
the "last sentence" regardless of whether they were

ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner was
charged or for which the petitioner was arrested and
released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief under
this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act, or Section 10 of the Steroid Control
Act. For the purpose of this Section, "successful

completion" of an order of qualified probation under
Section 10-102 of the Illinois Alcoholism and Other
Drug Dependency Act and Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act means that the
probation was terminated satisfactorily and the
judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit court
clerk under Section 16 of the Clerks of Courts Act, but
any index issued by the circuit court clerk before the
entry of the order to seal shall not be affected.
(L) "Sexual offense committed against a minor"
includes but is not limited to the offenses of indecent
solicitation of a child or criminal sexual abuse when
the victim of such offense is under 18 years of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section.
(2) Minor Traffic Offenses. Orders of supervision or

convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the offender
has no other conviction for violating Section 11-501 or
11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or

charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance, except
Section 11-14 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Sections 12-3.1 or 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of 2012,
or Section 125 of the Stalking No Contact Order
Act, or Section 219 of the Civil No Contact Order
Act, or a similar provision of a local ordinance;
(iv) offenses which are Class A misdemeanors
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) the sealing of the records of an arrest which
results in the petitioner being charged with a felony
offense or records of a charge not initiated by arrest

for a felony offense unless:
(i) the charge is amended to a misdemeanor and
is otherwise eligible to be sealed pursuant to
subsection (c);
(ii) the charge is brought along with another
charge as a part of one case and the charge results
in acquittal, dismissal, or conviction when the
conviction was reversed or vacated, and another
charge brought in the same case results in a
disposition for a misdemeanor offense that is
eligible to be sealed pursuant to subsection (c) or
a disposition listed in paragraph (i), (iii), or
(iv) of this subsection;
(iii) the charge results in first offender
probation as set forth in subsection (c)(2)(E);
(iv) the charge is for a felony offense listed
in subsection (c)(2)(F) or the charge is amended to
a felony offense listed in subsection (c)(2)(F);
(v) the charge results in acquittal,
dismissal, or the petitioner's release without
conviction; or
(vi) the charge results in a conviction, but
the conviction was reversed or vacated.
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not

initiated by arrest when:
(A) He or she has never been convicted of a
criminal offense; and
(B) 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.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:

(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision of
a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.

(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Department, other criminal justice agencies, the
prosecutor, and the trial court concerning such arrest, if
any, by removing his or her name from all such records in
connection with the arrest and conviction, if any, and by
inserting in the records the name of the offender, if known

or ascertainable, in lieu of the aggrieved's name. The
records of the circuit court clerk shall be sealed until
further order of the court upon good cause shown and the
name of the aggrieved person obliterated on the official
index required to be kept by the circuit court clerk under
Section 16 of the Clerks of Courts Act, but the order shall
not affect any index issued by the circuit court clerk
before the entry of the order. Nothing in this Section
shall limit the Department of State Police or other
criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has
used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Department of State Police concerning the offense
shall not be sealed. The court, upon good cause shown,
shall make the records of the circuit court clerk in

connection with the proceedings of the trial court
concerning the offense available for public inspection.
(6) If a conviction has been set aside on direct review
or on collateral attack and the court determines by clear
and convincing evidence that the petitioner was factually
innocent of the charge, the court that finds the petitioner
factually innocent of the charge shall enter an expungement
order for the conviction for which the petitioner has been
determined to be innocent as provided in subsection (b) of
Section 5-5-4 of the Unified Code of Corrections.
(7) Nothing in this Section shall prevent the
Department of State Police from maintaining all records of
any person who is admitted to probation upon terms and
conditions and who fulfills those terms and conditions
pursuant to Section 10 of the Cannabis Control Act, Section
410 of the Illinois Controlled Substances Act, Section 70
of the Methamphetamine Control and Community Protection
Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Alcoholism and Other Drug Abuse and Dependency Act, or
Section 10 of the Steroid Control Act.
(8) If the petitioner has been granted a certificate of
innocence under Section 2-702 of the Code of Civil

Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and of
minors prosecuted as adults.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on

municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions for the following
offenses:
(i) Class 4 felony convictions for:
Prostitution under Section 11-14 of the
Criminal Code of 1961 or the Criminal Code of
2012.
Possession of cannabis under Section 4 of
the Cannabis Control Act.
Possession of a controlled substance under
Section 402 of the Illinois Controlled
Substances Act.
Offenses under the Methamphetamine
Precursor Control Act.
Offenses under the Steroid Control Act.
Theft under Section 16-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.

Retail theft under Section 16A-3 or
paragraph (a) of 16-25 of the Criminal Code of
1961 or the Criminal Code of 2012.
Deceptive practices under Section 17-1 of
the Criminal Code of 1961 or the Criminal Code
of 2012.
Forgery under Section 17-3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Possession of burglary tools under Section
19-2 of the Criminal Code of 1961 or the
Criminal Code of 2012.
(ii) Class 3 felony convictions for:
Theft under Section 16-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Retail theft under Section 16A-3 or
paragraph (a) of 16-25 of the Criminal Code of
1961 or the Criminal Code of 2012.
Deceptive practices under Section 17-1 of
the Criminal Code of 1961 or the Criminal Code
of 2012.
Forgery under Section 17-3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Possession with intent to manufacture or
deliver a controlled substance under Section
401 of the Illinois Controlled Substances Act.
(3) When Records Are Eligible to Be Sealed. Records

identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)).
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level Test

of General Educational Development, during the period
of his or her sentence, aftercare release, or mandatory
supervised release. This subparagraph shall apply only
to a petitioner who has not completed the same
educational goal prior to the period of his or her
sentence, aftercare release, or mandatory supervised
release. If a petition for sealing eligible records
filed under this subparagraph is denied by the court,
the time periods under subparagraph (B) or (C) shall
apply to any subsequent petition for sealing filed by
the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent felony
offense, order the unsealing of prior felony conviction
records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for the
sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing

under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, if not waived.
(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)(B)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, the Department of State Police,
the arresting agency and the chief legal officer of the
unit of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the basis

of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency, or
the chief legal officer files an objection to the
petition to expunge or seal within 60 days from the
date of service of the petition, the court shall enter
an order granting or denying the petition.
(7) Hearings. If an objection is filed, the court shall
set a date for a hearing and notify the petitioner and all
parties entitled to notice of the petition of the hearing
date at least 30 days prior to the hearing. Prior to the
hearing, the State's Attorney shall consult with the

Department as to the appropriateness of the relief sought
in the petition to expunge or seal. At the hearing, the
court shall hear evidence on whether the petition should or
should not be granted, and shall grant or deny the petition
to expunge or seal the records based on the evidence
presented at the hearing. The court may consider the
following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Department, in a form and manner
prescribed by the Department, to the petitioner, to the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, to the arresting agency, to the
chief legal officer of the unit of local government
effecting the arrest, and to such other criminal justice

agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Department, and any other agency as ordered by
the court, within 60 days of the date of service of
the order, unless a motion to vacate, modify, or
reconsider the order is filed pursuant to
paragraph (12) of subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Department, or the agency
receiving such inquiry, shall reply as it does in
response to inquiries when no records ever
existed.
(B) Upon entry of an order to expunge records

pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
pursuant to paragraph (12) of subsection (d) of
this Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the

same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the

circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
under paragraph (12) of subsection (d) of this
Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for these records
from anyone not authorized by law to access the
records, the court, the Department, or the agency
receiving the inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Department, and the court
shall seal the records (as defined in subsection
(a)(1)(K)). In response to an inquiry for such records,

from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever existed.
(D) The Department shall send written notice to the
petitioner of its compliance with each order to expunge
or seal records within 60 days of the date of service
of that order or, if a motion to vacate, modify, or
reconsider is filed, within 60 days of service of the
order resolving the motion, if that order requires the
Department to expunge or seal records. In the event of
an appeal from the circuit court order, the Department
shall send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(10) Fees. The Department may charge the petitioner a
fee equivalent to the cost of processing any order to
expunge or seal records. Notwithstanding any provision of
the Clerks of Courts Act to the contrary, the circuit court
clerk may charge a fee equivalent to the cost associated
with the sealing or expungement of records by the circuit
court clerk. From the total filing fee collected for the

petition to seal or expunge, the circuit court clerk shall
deposit $10 into the Circuit Court Clerk Operation and
Administrative Fund, to be used to offset the costs
incurred by the circuit court clerk in performing the
additional duties required to serve the petition to seal or
expunge on all parties. The circuit court clerk shall
collect and forward the Department of State Police portion
of the fee to the Department and it shall be deposited in
the State Police Services Fund.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.

(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this Section
shall not be considered void because it fails to comply
with the provisions of this Section or because of any error
asserted in a motion to vacate, modify, or reconsider. The
circuit court retains jurisdiction to determine whether
the order is voidable and to vacate, modify, or reconsider
its terms based on a motion filed under paragraph (12) of
this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to notice
of the petition must fully comply with the terms of the
order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records until
there is a final order on the motion for relief or, in the
case of an appeal, the issuance of that court's mandate.

(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5, 2013
(the effective date of Public Act 98-163) and to all orders
ruling on a petition to expunge or seal on or after August
5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only to the
arresting authority, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose

of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Department be sealed until further
order of the court upon good cause shown or as otherwise
provided herein, and the name of the petitioner obliterated
from the official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts Act in
connection with the arrest and conviction for the offense for
which he or she had been granted the certificate but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as

required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of sealing, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for expungement
by the Prisoner Review Board which specifically authorizes
expungement, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the

offense for which he or she had been granted the certificate
but the order shall not affect any index issued by the circuit
court clerk before the entry of the order. All records sealed
by the Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all expunged records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a copy
of the order to the person who was granted the certificate of
eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.

(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
99-385, eff. 1-1-16; revised 10-15-15.)
Section 110. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2705-565 and 2705-605 as follows:
(20 ILCS 2705/2705-565)
Sec. 2705-565. North Chicago property; study; conveyance.
(a) The Department shall perform a study of property owned
by the Department consisting of approximately 160 acres located
in North Chicago, south of IL Route 137, between IL Route 43
and US Route 41. The study shall include, but not be limited
to, a survey of the property for the purpose of delineating
jurisdictional wetlands in accordance with the Interagency
Wetland Policy Act of 1989 and identifying threatened and
endangered species in accordance with the Illinois Endangered
Species Protection Act, for the purpose of identifying property
no longer needed for highway purposes.
(b) Upon completion of the study and for a period ending 3
years after the effective date of this amendatory Act of the
94th General Assembly, the City of North Chicago shall have an
exclusive option to purchase for public purposes those portions

of the property no longer needed for highway purposes for a
consideration, which may be de minimis minimus, negotiated by
the parties. The Department of Transportation is authorized to
convey the excess property to the City of North Chicago
pursuant to this Section within 3 years after the effective
date of this amendatory Act of the 94th General Assembly, but
may not otherwise convey or transfer the property during that
period.
(c) Any conveyance to the City of North Chicago under this
Section shall provide (i) that title to the property reverts to
the State of Illinois if the property ceases to be used for
public purposes and (ii) the City of North Chicago may lease
the property but may not convey its ownership of the property
to any party, other than the State of Illinois.
(Source: P.A. 94-1045, eff. 7-24-06; revised 10-19-15.)
(20 ILCS 2705/2705-605)
Sec. 2705-605. Construction projects; notification of the
public.
(a) The Department shall develop and publish a policy for
the notification of members of the public prior to the
commencement of construction projects which impact their
communities. The policy shall include procedures for ensuring
that the public is informed of construction projects, excluding
emergency projects, which are estimated to require the closure
of a street or lane of traffic for a period longer than 5

consecutive business days. The policy shall include procedures
for the notification of local public officials and affected
businesses of affected communities and shall provide the local
public officials the opportunity to request a meeting with the
Department prior to the initiation of the closure.
(b) The policy shall be completed and published on the
Department's Internet website by January 1, 2013.
(c) The Department shall work with affected stakeholders,
including residents, businesses, and other community members,
before and during construction by considering various methods
to mitigate and reduce project impacts to better serve those
directly impacted by the improvement. Those methods could
include, but need not be limited to, detour routing and
temporary signage.
(Source: P.A. 97-992, eff. 1-1-13; 98-412, eff. 1-1-14; revised
10-19-15.)
Section 115. The Department of Veterans Affairs Act is
amended by changing Section 2.01 as follows:
(20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)
Sec. 2.01. Veterans Home admissions.
(a) Any honorably discharged veteran is entitled to
admission to an Illinois Veterans Home if the applicant meets
the requirements of this Section.
(b) The veteran must:

(1) have served in the armed forces of the United
States at least 1 day in World War II, the Korean Conflict,
the Viet Nam Campaign, or the Persian Gulf Conflict between
the dates recognized by the U.S. Department of Veterans
Affairs or between any other present or future dates
recognized by the U.S. Department of Veterans Affairs as a
war period, or have served in a hostile fire environment
and has been awarded a campaign or expeditionary medal
signifying his or her service, for purposes of eligibility
for domiciliary or nursing home care;
(2) have served and been honorably discharged or
retired from the armed forces of the United States for a
service connected disability or injury, for purposes of
eligibility for domiciliary or nursing home care;
(3) have served as an enlisted person at least 90 days
on active duty in the armed forces of the United States,
excluding service on active duty for training purposes
only, and entered active duty before September 8, 1980, for
purposes of eligibility for domiciliary or nursing home
care;
(4) have served as an officer at least 90 days on
active duty in the armed forces of the United States,
excluding service on active duty for training purposes
only, and entered active duty before October 17, 1981, for
purposes of eligibility for domiciliary or nursing home
care;

(5) have served on active duty in the armed forces of
the United States for 24 months of continuous service or
more, excluding active duty for training purposes only, and
enlisted after September 7, 1980, for purposes of
eligibility for domiciliary or nursing home care;
(6) have served as a reservist in the armed forces of
the United States or the National Guard and the service
included being called to federal active duty, excluding
service on active duty for training purposes only, and who
completed the term, for purposes of eligibility for
domiciliary or nursing home care;
(7) have been discharged for reasons of hardship or
released from active duty due to a reduction in the United
States armed forces prior to the completion of the required
period of service, regardless of the actual time served,
for purposes of eligibility for domiciliary or nursing home
care; or
(8) have served in the National Guard or Reserve Forces
of the United States and completed 20 years of satisfactory
service, be otherwise eligible to receive reserve or active
duty retirement benefits, and have been an Illinois
resident for at least one year before applying for
admission for purposes of eligibility for domiciliary care
only.
(c) The veteran must have service accredited to the State
of Illinois or have been a resident of this State for one year

immediately preceding the date of application.
(d) For admission to the Illinois Veterans Homes at Anna
and Quincy, the veteran must have developed a disability by
disease, wounds, or otherwise and because of the disability be
incapable of earning a living.
(e) For admission to the Illinois Veterans Homes at LaSalle
and Manteno, the veteran must have developed a disability by
disease, wounds, or otherwise and, for purposes of eligibility
for nursing home care, require nursing care because of the
disability.
(f) An individual who served during a time of conflict as
set forth in paragraph (1) of subsection (b) subsection (a)(1)
of this Section has preference over all other qualifying
candidates, for purposes of eligibility for domiciliary or
nursing home care at any Illinois Veterans Home.
(g) A veteran or spouse, once admitted to an Illinois
Veterans Home facility, is considered a resident for
interfacility purposes.
(Source: P.A. 99-143, eff. 7-27-15; 99-314, eff. 8-7-15;
revised 10-19-15.)
Section 120. The Historic Preservation Agency Act is
amended by changing Section 16 as follows:
(20 ILCS 3405/16) (from Ch. 127, par. 2716)
Sec. 16. The Historic Sites and Preservation Division of

the Agency shall have the following additional powers:
(a) To hire agents and employees necessary to carry out the
duties and purposes of the Historic Sites and Preservation
Division of the Agency.
(b) To take all measures necessary to erect, maintain,
preserve, restore, and conserve all State Historic Sites and
State Memorials, except when supervision and maintenance is
otherwise provided by law. This authorization includes the
power, with the consent of the Board, to enter into contracts,
acquire and dispose of real and personal property, and enter
into leases of real and personal property. The Agency has the
power to acquire, for purposes authorized by law, any real
property in fee simple subject to a life estate in the seller
in not more than 3 acres of the real property acquired, subject
to the restrictions that the life estate shall be used for
residential purposes only and that it shall be
non-transferable.
(c) To provide recreational facilities, including
campsites camp sites, lodges and cabins, trails, picnic areas,
and related recreational facilities, at all sites under the
jurisdiction of the Agency.
(d) To lay out, construct, and maintain all needful roads,
parking areas, paths or trails, bridges, camp or lodge sites,
picnic areas, lodges and cabins, and any other structures and
improvements necessary and appropriate in any State historic
site or easement thereto; and to provide water supplies, heat

and light, and sanitary facilities for the public and living
quarters for the custodians and keepers of State historic
sites.
(e) To grant licenses and rights-of-way within the areas
controlled by the Historic Sites and Preservation Division of
the Agency for the construction, operation, and maintenance
upon, under or across the property, of facilities for water,
sewage, telephone, telegraph, electric, gas, or other public
service, subject to the terms and conditions as may be
determined by the Agency.
(f) To authorize the officers, employees, and agents of the
Historic Sites and Preservation Division of the Agency, for the
purposes of investigation and to exercise the rights, powers,
and duties vested and that may be vested in it, to enter and
cross all lands and waters in this State, doing no damage to
private property.
(g) To transfer jurisdiction of or exchange any realty
under the control of the Historic Sites and Preservation
Division of the Agency to any other Department of the State
Government, or to any agency of the Federal Government, or to
acquire or accept Federal lands, when any transfer, exchange,
acquisition, or acceptance is advantageous to the State and is
approved in writing by the Governor.
(h) To erect, supervise, and maintain all public monuments
and memorials erected by the State, except when the supervision
and maintenance of public monuments and memorials is otherwise

provided by law.
(i) To accept, hold, maintain, and administer, as trustee,
property given in trust for educational or historic purposes
for the benefit of the People of the State of Illinois and to
dispose, with the consent of the Board, of any property under
the terms of the instrument creating the trust.
(j) To lease concessions on any property under the
jurisdiction of the Agency for a period not exceeding 25 years
and to lease a concession complex at Lincoln's New Salem State
Historic Site for which a cash incentive has been authorized
under Section 5.1 of the Historic Preservation Agency Act for a
period not to exceed 40 years. All leases, for whatever period,
shall be made subject to the written approval of the Governor.
All concession leases extending for a period in excess of 10
years, will contain provisions for the Agency to participate,
on a percentage basis, in the revenues generated by any
concession operation.
The Agency is authorized to allow for provisions for a
reserve account and a leasehold account within Agency
concession lease agreements for the purpose of setting aside
revenues for the maintenance, rehabilitation, repair,
improvement, and replacement of the concession facility,
structure, and equipment of the Agency that are part of the
leased premises.
The lessee shall be required to pay into the reserve
account a percentage of gross receipts, as set forth in the

lease, to be set aside and expended in a manner acceptable to
the Agency by the concession lessee for the purpose of ensuring
that an appropriate amount of the lessee's moneys are provided
by the lessee to satisfy the lessee's incurred responsibilities
for the operation of the concession facility under the terms
and conditions of the concession lease.
The lessee account shall allow for the amortization of
certain authorized expenses that are incurred by the concession
lessee but that are not an obligation of the lessee under the
terms and conditions of the lease agreement. The Agency may
allow a reduction of up to 50% of the monthly rent due for the
purpose of enabling the recoupment of the lessee's authorized
expenditures during the term of the lease.
(k) To sell surplus agricultural products grown on land
owned by or under the jurisdiction of the Historic Sites and
Preservation Division of the Agency, when the products cannot
be used by the Agency.
(l) To enforce the laws of the State and the rules and
regulations of the Agency in or on any lands owned, leased, or
managed by the Historic Sites and Preservation Division of the
Agency.
(m) To cooperate with private organizations and agencies of
the State of Illinois by providing areas and the use of staff
personnel where feasible for the sale of publications on the
historic and cultural heritage of the State and craft items
made by Illinois craftsmen. These sales shall not conflict with

existing concession agreements. The Historic Sites and
Preservation Division of the Agency is authorized to negotiate
with the organizations and agencies for a portion of the monies
received from sales to be returned to the Historic Sites and
Preservation Division of the Agency's Historic Sites Fund for
the furtherance of interpretive and restoration programs.
(n) To establish local bank or savings and loan association
accounts, upon the written authorization of the Director, to
temporarily hold income received at any of its properties. The
local accounts established under this Section shall be in the
name of the Historic Preservation Agency and shall be subject
to regular audits. The balance in a local bank or savings and
loan association account shall be forwarded to the Agency for
deposit with the State Treasurer on Monday of each week if the
amount to be deposited in a fund exceeds $500.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established under Section 6 of
the Public Funds Investment Act.
(o) To accept, with the consent of the Board, offers of
gifts, gratuities, or grants from the federal government, its
agencies, or offices, or from any person, firm, or corporation.
(p) To make reasonable rules and regulations as may be
necessary to discharge the duties of the Agency.
(q) With appropriate cultural organizations, to further
and advance the goals of the Agency.

(r) To make grants for the purposes of planning, survey,
rehabilitation, restoration, reconstruction, landscaping, and
acquisition of Illinois properties (i) designated individually
in the National Register of Historic Places, (ii) designated as
a landmark under a county or municipal landmark ordinance, or
(iii) located within a National Register of Historic Places
historic district or a locally designated historic district
when the Director determines that the property is of historic
significance whenever an appropriation is made therefor by the
General Assembly or whenever gifts or grants are received for
that purpose and to promulgate regulations as may be necessary
or desirable to carry out the purposes of the grants.
Grantees may, as prescribed by rule, be required to provide
matching funds for each grant. Grants made under this
subsection shall be known as Illinois Heritage Grants.
Every owner of a historic property, or the owner's agent,
is eligible to apply for a grant under this subsection.
(s) To establish and implement a pilot program for charging
admission to State historic sites. Fees may be charged for
special events, admissions, and parking or any combination;
fees may be charged at all sites or selected sites. All fees
shall be deposited into the Illinois Historic Sites Fund. The
Historic Sites and Preservation Division of the Agency shall
have the discretion to set and adjust reasonable fees at the
various sites, taking into consideration various factors,
including, but not limited to: cost of services furnished to

each visitor, impact of fees on attendance and tourism, and the
costs expended collecting the fees. The Agency shall keep
careful records of the income and expenses resulting from the
imposition of fees, shall keep records as to the attendance at
each historic site, and shall report to the Governor and
General Assembly by January 31 after the close of each year.
The report shall include information on costs, expenses,
attendance, comments by visitors, and any other information the
Agency may believe pertinent, including:
(1) Recommendations as to whether fees should be
continued at each State historic site.
(2) How the fees should be structured and imposed.
(3) Estimates of revenues and expenses associated with
each site.
(t) To provide for overnight tent and trailer campsites and
to provide suitable housing facilities for student and juvenile
overnight camping groups. The Historic Sites and Preservation
Division of the Agency shall charge rates similar to those
charged by the Department of Conservation for the same or
similar facilities and services.
(u) To engage in marketing activities designed to promote
the sites and programs administered by the Agency. In
undertaking these activities, the Agency may take all necessary
steps with respect to products and services, including, but not
limited to, retail sales, wholesale sales, direct marketing,
mail order sales, telephone sales, advertising and promotion,

purchase of product and materials inventory, design, printing
and manufacturing of new products, reproductions, and
adaptations, copyright and trademark licensing and royalty
agreements, and payment of applicable taxes. In addition, the
Agency shall have the authority to sell advertising in its
publications and printed materials. All income from marketing
activities shall be deposited into the Illinois Historic Sites
Fund.
(Source: P.A. 95-140, eff. 1-1-08; revised 10-14-15.)
Section 125. The Illinois Health Information Exchange and
Technology Act is amended by changing Section 20 as follows:
(20 ILCS 3860/20)
(Section scheduled to be repealed on January 1, 2021)
Sec. 20. Powers and duties of the Illinois Health
Information Exchange Authority. The Authority has the
following powers, together with all powers incidental or
necessary to accomplish the purposes of this Act:
(1) The Authority shall create and administer the ILHIE
using information systems and processes that are secure,
are cost effective, and meet all other relevant privacy and
security requirements under State and federal law.
(2) The Authority shall establish and adopt standards
and requirements for the use of health information and the
requirements for participation in the ILHIE by persons or

entities including, but not limited to, health care
providers, payors, and local health information exchanges.
(3) The Authority shall establish minimum standards
for accessing the ILHIE to ensure that the appropriate
security and privacy protections apply to health
information, consistent with applicable federal and State
standards and laws. The Authority shall have the power to
suspend, limit, or terminate the right to participate in
the ILHIE for non-compliance or failure to act, with
respect to applicable standards and laws, in the best
interests of patients, users of the ILHIE, or the public.
The Authority may seek all remedies allowed by law to
address any violation of the terms of participation in the
ILHIE.
(4) The Authority shall identify barriers to the
adoption of electronic health records systems, including
researching the rates and patterns of dissemination and use
of electronic health record systems throughout the State.
The Authority shall make the results of the research
available on its website.
(5) The Authority shall prepare educational materials
and educate the general public on the benefits of
electronic health records, the ILHIE, and the safeguards
available to prevent unauthorized disclosure of health
information.
(6) The Authority may appoint or designate an

institutional review board in accordance with federal and
State law to review and approve requests for research in
order to ensure compliance with standards and patient
privacy and security protections as specified in paragraph
(3) of this Section.
(7) The Authority may enter into all contracts and
agreements necessary or incidental to the performance of
its powers under this Act. The Authority's expenditures of
private funds are exempt from the Illinois Procurement
Code, pursuant to Section 1-10 of that Act. Notwithstanding
this exception, the Authority shall comply with the
Business Enterprise for Minorities, Females, and Persons
with Disabilities Act.
(8) The Authority may solicit and accept grants, loans,
contributions, or appropriations from any public or
private source and may expend those moneys, through
contracts, grants, loans, or agreements, on activities it
considers suitable to the performance of its duties under
this Act.
(9) The Authority may determine, charge, and collect
any fees, charges, costs, and expenses from any healthcare
provider or entity in connection with its duties under this
Act. Moneys collected under this paragraph (9) shall be
deposited into the Health Information Exchange Fund.
(10) The Authority may, under the direction of the
Executive Director, employ and discharge staff, including

administrative, technical, expert, professional, and legal
staff, as is necessary or convenient to carry out the
purposes of this Act. The Authority may establish and
administer standards of classification regarding
compensation, benefits, duties, performance, and tenure
for that staff and may enter into contracts of employment
with members of that staff for such periods and on such
terms as the Authority deems desirable. All employees of
the Authority are exempt from the Personnel Code as
provided by Section 4 of the Personnel Code.
(11) The Authority shall consult and coordinate with
the Department of Public Health to further the Authority's
collection of health information from health care
providers for public health purposes. The collection of
public health information shall include identifiable
information for use by the Authority or other State
agencies to comply with State and federal laws. Any
identifiable information so collected shall be privileged
and confidential in accordance with Sections 8-2101,
8-2102, 8-2103, 8-2104, and 8-2105 of the Code of Civil
Procedure.
(12) 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, shall be
exempt from inspection and copying under the Freedom of
Information Act. The terms "identified" and "deidentified"
shall be given the same meaning as in the Health Insurance
Portability and Accountability and Portability Act of
1996, Public Law 104-191, or any subsequent amendments
thereto, and any regulations promulgated thereunder.
(13) To address gaps in the adoption of, workforce
preparation for, and exchange of electronic health records
that result in regional and socioeconomic disparities in
the delivery of care, the Authority may evaluate such gaps
and provide resources as available, giving priority to
healthcare providers serving a significant percentage of
Medicaid or uninsured patients and in medically
underserved or rural areas.
(Source: P.A. 96-1331, eff. 7-27-10; revised 10-13-15.)
Section 130. The Illinois Health Facilities Planning Act is
amended by changing Sections 12 and 14.1 as follows:
(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
(Section scheduled to be repealed on December 31, 2019)
Sec. 12. Powers and duties of State Board. For purposes of

this Act, the State Board shall exercise the following powers
and duties:
(1) Prescribe rules, regulations, standards, criteria,
procedures or reviews which may vary according to the purpose
for which a particular review is being conducted or the type of
project reviewed and which are required to carry out the
provisions and purposes of this Act. Policies and procedures of
the State Board shall take into consideration the priorities
and needs of medically underserved areas and other health care
services identified through the comprehensive health planning
process, giving special consideration to the impact of projects
on access to safety net services.
(2) Adopt procedures for public notice and hearing on all
proposed rules, regulations, standards, criteria, and plans
required to carry out the provisions of this Act.
(3) (Blank).
(4) Develop criteria and standards for health care
facilities planning, conduct statewide inventories of health
care facilities, maintain an updated inventory on the Board's
web site reflecting the most recent bed and service changes and
updated need determinations when new census data become
available or new need formulae are adopted, and develop health
care facility plans which shall be utilized in the review of
applications for permit under this Act. Such health facility
plans shall be coordinated by the Board with pertinent State
Plans. Inventories pursuant to this Section of skilled or

intermediate care facilities licensed under the Nursing Home
Care Act, skilled or intermediate care facilities licensed
under the ID/DD Community Care Act, skilled or intermediate
care facilities licensed under the MC/DD Act, facilities
licensed under the Specialized Mental Health Rehabilitation
Act of 2013, or nursing homes licensed under the Hospital
Licensing Act shall be conducted on an annual basis no later
than July 1 of each year and shall include among the
information requested a list of all services provided by a
facility to its residents and to the community at large and
differentiate between active and inactive beds.
In developing health care facility plans, the State Board
shall consider, but shall not be limited to, the following:
(a) The size, composition and growth of the population
of the area to be served;
(b) The number of existing and planned facilities
offering similar programs;
(c) The extent of utilization of existing facilities;
(d) The availability of facilities which may serve as
alternatives or substitutes;
(e) The availability of personnel necessary to the
operation of the facility;
(f) Multi-institutional planning and the establishment
of multi-institutional systems where feasible;
(g) The financial and economic feasibility of proposed
construction or modification; and

(h) In the case of health care facilities established
by a religious body or denomination, the needs of the
members of such religious body or denomination may be
considered to be public need.
The health care facility plans which are developed and
adopted in accordance with this Section shall form the basis
for the plan of the State to deal most effectively with
statewide health needs in regard to health care facilities.
(5) Coordinate with the Center for Comprehensive Health
Planning and other state agencies having responsibilities
affecting health care facilities, including those of licensure
and cost reporting. Beginning no later than January 1, 2013,
the Department of Public Health shall produce a written annual
report to the Governor and the General Assembly regarding the
development of the Center for Comprehensive Health Planning.
The Chairman of the State Board and the State Board
Administrator shall also receive a copy of the annual report.
(6) Solicit, accept, hold and administer on behalf of the
State any grants or bequests of money, securities or property
for use by the State Board or Center for Comprehensive Health
Planning in the administration of this Act; and enter into
contracts consistent with the appropriations for purposes
enumerated in this Act.
(7) The State Board shall prescribe procedures for review,
standards, and criteria which shall be utilized to make
periodic reviews and determinations of the appropriateness of

any existing health services being rendered by health care
facilities subject to the Act. The State Board shall consider
recommendations of the Board in making its determinations.
(8) Prescribe, in consultation with the Center for
Comprehensive Health Planning, rules, regulations, standards,
and criteria for the conduct of an expeditious review of
applications for permits for projects of construction or
modification of a health care facility, which projects are
classified as emergency, substantive, or non-substantive in
nature.
Six months after June 30, 2009 (the effective date of
Public Act 96-31), substantive projects shall include no more
than the following:
(a) Projects to construct (1) a new or replacement
facility located on a new site or (2) a replacement
facility located on the same site as the original facility
and the cost of the replacement facility exceeds the
capital expenditure minimum, which shall be reviewed by the
Board within 120 days;
(b) Projects proposing a (1) new service within an
existing healthcare facility or (2) discontinuation of a
service within an existing healthcare facility, which
shall be reviewed by the Board within 60 days; or
(c) Projects proposing a change in the bed capacity of
a health care facility by an increase in the total number
of beds or by a redistribution of beds among various

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

modify health care facilities which are needed for the care and
treatment of persons who have acquired immunodeficiency
syndrome (AIDS) or related conditions.
(10.5) Provide its rationale when voting on an item before
it at a State Board meeting in order to comply with subsection
(b) of Section 3-108 of the Code of Civil Procedure.
(11) Issue written decisions upon request of the applicant
or an adversely affected party to the Board. Requests for a
written decision shall be made within 15 days after the Board
meeting in which a final decision has been made. A "final
decision" for purposes of this Act is the decision to approve
or deny an application, or take other actions permitted under
this Act, at the time and date of the meeting that such action
is scheduled by the Board. The transcript of the State Board
meeting shall be incorporated into the Board's final decision.
The staff of the Board shall prepare a written copy of the
final decision and the Board shall approve a final copy for
inclusion in the formal record. The Board shall consider, for
approval, the written draft of the final decision no later than
the next scheduled Board meeting. The written decision shall
identify the applicable criteria and factors listed in this Act
and the Board's regulations that were taken into consideration
by the Board when coming to a final decision. If the Board
denies or fails to approve an application for permit or
exemption, the Board shall include in the final decision a
detailed explanation as to why the application was denied and

identify what specific criteria or standards the applicant did
not fulfill.
(12) Require at least one of its members to participate in
any public hearing, after the appointment of a majority of the
members to the Board.
(13) Provide a mechanism for the public to comment on, and
request changes to, draft rules and standards.
(14) Implement public information campaigns to regularly
inform the general public about the opportunity for public
hearings and public hearing procedures.
(15) Establish a separate set of rules and guidelines for
long-term care that recognizes that nursing homes are a
different business line and service model from other regulated
facilities. An open and transparent process shall be developed
that considers the following: how skilled nursing fits in the
continuum of care with other care providers, modernization of
nursing homes, establishment of more private rooms,
development of alternative services, and current trends in
long-term care services. The Chairman of the Board shall
appoint a permanent Health Services Review Board Long-term Care
Facility Advisory Subcommittee that shall develop and
recommend to the Board the rules to be established by the Board
under this paragraph (15). The Subcommittee shall also provide
continuous review and commentary on policies and procedures
relative to long-term care and the review of related projects.
The Subcommittee shall make recommendations to the Board no

later than January 1, 2016 and every January thereafter
pursuant to the Subcommittee's responsibility for the
continuous review and commentary on policies and procedures
relative to long-term care. In consultation with other experts
from the health field of long-term care, the Board and the
Subcommittee shall study new approaches to the current bed need
formula and Health Service Area boundaries to encourage
flexibility and innovation in design models reflective of the
changing long-term care marketplace and consumer preferences
and submit its recommendations to the Chairman of the Board no
later than January 1, 2017. The Subcommittee shall evaluate,
and make recommendations to the State Board regarding, the
buying, selling, and exchange of beds between long-term care
facilities within a specified geographic area or drive time.
The Board shall file the proposed related administrative rules
for the separate rules and guidelines for long-term care
required by this paragraph (15) by no later than September 30,
2011. The Subcommittee shall be provided a reasonable and
timely opportunity to review and comment on any review,
revision, or updating of the criteria, standards, procedures,
and rules used to evaluate project applications as provided
under Section 12.3 of this Act.
The Chairman of the Board shall appoint voting members of
the Subcommittee, who shall serve for a period of 3 years, with
one-third of the terms expiring each January, to be determined
by lot. Appointees shall include, but not be limited to,

recommendations from each of the 3 statewide long-term care
associations, with an equal number to be appointed from each.
Compliance with this provision shall be through the appointment
and reappointment process. All appointees serving as of April
1, 2015 shall serve to the end of their term as determined by
lot or until the appointee voluntarily resigns, whichever is
earlier.
One representative from the Department of Public Health,
the Department of Healthcare and Family Services, the
Department on Aging, and the Department of Human Services may
each serve as an ex-officio non-voting member of the
Subcommittee. The Chairman of the Board shall select a
Subcommittee Chair, who shall serve for a period of 3 years.
(16) Prescribe the format of the State Board Staff Report.
A State Board Staff Report shall pertain to applications that
include, but are not limited to, applications for permit or
exemption, applications for permit renewal, applications for
extension of the obligation period, applications requesting a
declaratory ruling, or applications under the Health Care
Worker Self-Referral Act. State Board Staff Reports shall
compare applications to the relevant review criteria under the
Board's rules.
(17) Establish a separate set of rules and guidelines for
facilities licensed under the Specialized Mental Health
Rehabilitation Act of 2013. An application for the
re-establishment of a facility in connection with the

relocation of the facility shall not be granted unless the
applicant has a contractual relationship with at least one
hospital to provide emergency and inpatient mental health
services required by facility consumers, and at least one
community mental health agency to provide oversight and
assistance to facility consumers while living in the facility,
and appropriate services, including case management, to assist
them to prepare for discharge and reside stably in the
community thereafter. No new facilities licensed under the
Specialized Mental Health Rehabilitation Act of 2013 shall be
established after June 16, 2014 (the effective date of Public
Act 98-651) except in connection with the relocation of an
existing facility to a new location. An application for a new
location shall not be approved unless there are adequate
community services accessible to the consumers within a
reasonable distance, or by use of public transportation, so as
to facilitate the goal of achieving maximum individual
self-care and independence. At no time shall the total number
of authorized beds under this Act in facilities licensed under
the Specialized Mental Health Rehabilitation Act of 2013 exceed
the number of authorized beds on June 16, 2014 (the effective
date of Public Act 98-651).
(Source: P.A. 98-414, eff. 1-1-14; 98-463, eff. 8-16-13;
98-651, eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff.
7-20-15; 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; 99-277,
eff. 8-5-15; revised 10-15-15.)

(20 ILCS 3960/14.1)
Sec. 14.1. Denial of permit; other sanctions.
(a) The State Board may deny an application for a permit or
may revoke or take other action as permitted by this Act with
regard to a permit as the State Board deems appropriate,
including the imposition of fines as set forth in this Section,
for any one or a combination of the following:
(1) The acquisition of major medical equipment without
a permit or in violation of the terms of a permit.
(2) The establishment, construction, modification, or
change of ownership of a health care facility without a
permit or exemption or in violation of the terms of a
permit.
(3) The violation of any provision of this Act or any
rule adopted under this Act.
(4) The failure, by any person subject to this Act, to
provide information requested by the State Board or Agency
within 30 days after a formal written request for the
information.
(5) The failure to pay any fine imposed under this
Section within 30 days of its imposition.
(a-5) For facilities licensed under the ID/DD Community
Care Act, no permit shall be denied on the basis of prior
operator history, other than for actions specified under item
(2), (4), or (5) of Section 3-117 of the ID/DD Community Care

Act. For facilities licensed under the MC/DD Act, no permit
shall be denied on the basis of prior operator history, other
than for actions specified under item (2), (4), or (5) of
Section 3-117 of the MC/DD Act. For facilities licensed under
the Specialized Mental Health Rehabilitation Act of 2013, no
permit shall be denied on the basis of prior operator history,
other than for actions specified under item (2), (4), or (5) of
Section 3-117 of the Specialized Mental Health Rehabilitation
Act of 2013. For facilities licensed under the Nursing Home
Care Act, no permit shall be denied on the basis of prior
operator history, other than for: (i) actions specified under
item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing
Home Care Act; (ii) actions specified under item (a)(6) of
Section 3-119 of the Nursing Home Care Act; or (iii) actions
within the preceding 5 years constituting a substantial and
repeated failure to comply with the Nursing Home Care Act or
the rules and regulations adopted by the Department under that
Act. The State Board shall not deny a permit on account of any
action described in this subsection (a-5) without also
considering all such actions in the light of all relevant
information available to the State Board, including whether the
permit is sought to substantially comply with a mandatory or
voluntary plan of correction associated with any action
described in this subsection (a-5).
(b) Persons shall be subject to fines as follows:
(1) A permit holder who fails to comply with the

requirements of maintaining a valid permit shall be fined
an amount not to exceed 1% of the approved permit amount
plus an additional 1% of the approved permit amount for
each 30-day period, or fraction thereof, that the violation
continues.
(2) A permit holder who alters the scope of an approved
project or whose project costs exceed the allowable permit
amount without first obtaining approval from the State
Board shall be fined an amount not to exceed the sum of (i)
the lesser of $25,000 or 2% of the approved permit amount
and (ii) in those cases where the approved permit amount is
exceeded by more than $1,000,000, an additional $20,000 for
each $1,000,000, or fraction thereof, in excess of the
approved permit amount.
(2.5) A permit holder who fails to comply with the
post-permit and reporting requirements set forth in
Section 5 shall be fined an amount not to exceed $10,000
plus an additional $10,000 for each 30-day period, or
fraction thereof, that the violation continues. This fine
shall continue to accrue until the date that (i) the
post-permit requirements are met and the post-permit
reports are received by the State Board or (ii) the matter
is referred by the State Board to the State Board's legal
counsel. The accrued fine is not waived by the permit
holder submitting the required information and reports.
Prior to any fine beginning to accrue, the Board shall

notify, in writing, a permit holder of the due date for the
post-permit and reporting requirements no later than 30
days before the due date for the requirements. This
paragraph (2.5) takes effect 6 months after August 27, 2012
(the effective date of Public Act 97-1115).
(3) A person who acquires major medical equipment or
who establishes a category of service without first
obtaining a permit or exemption, as the case may be, shall
be fined an amount not to exceed $10,000 for each such
acquisition or category of service established plus an
additional $10,000 for each 30-day period, or fraction
thereof, that the violation continues.
(4) A person who constructs, modifies, establishes, or
changes ownership of a health care facility without first
obtaining a permit or exemption shall be fined an amount
not to exceed $25,000 plus an additional $25,000 for each
30-day period, or fraction thereof, that the violation
continues.
(5) A person who discontinues a health care facility or
a category of service without first obtaining a permit or
exemption shall be fined an amount not to exceed $10,000
plus an additional $10,000 for each 30-day period, or
fraction thereof, that the violation continues. For
purposes of this subparagraph (5), facilities licensed
under the Nursing Home Care Act, the ID/DD Community Care
Act, or the MC/DD Act, with the exceptions of facilities

operated by a county or Illinois Veterans Homes, are exempt
from this permit requirement. However, facilities licensed
under the Nursing Home Care Act, the ID/DD Community Care
Act, or the MC/DD Act must comply with Section 3-423 of the
Nursing Home Care Act, Section 3-423 of the ID/DD Community
Care Act, or Section 3-423 of the MC/DD Act and must
provide the Board and the Department of Human Services with
30 days' written notice of their intent to close.
Facilities licensed under the ID/DD Community Care Act or
the MC/DD Act also must provide the Board and the
Department of Human Services with 30 days' written notice
of their intent to reduce the number of beds for a
facility.
(6) A person subject to this Act who fails to provide
information requested by the State Board or Agency within
30 days of a formal written request shall be fined an
amount not to exceed $1,000 plus an additional $1,000 for
each 30-day period, or fraction thereof, that the
information is not received by the State Board or Agency.
(b-5) The State Board may accept in-kind services instead
of or in combination with the imposition of a fine. This
authorization is limited to cases where the non-compliant
individual or entity has waived the right to an administrative
hearing or opportunity to appear before the Board regarding the
non-compliant matter.
(c) Before imposing any fine authorized under this Section,

the State Board shall afford the person or permit holder, as
the case may be, an appearance before the State Board and an
opportunity for a hearing before a hearing officer appointed by
the State Board. The hearing shall be conducted in accordance
with Section 10. Requests for an appearance before the State
Board must be made within 30 days after receiving notice that a
fine will be imposed.
(d) All fines collected under this Act shall be transmitted
to the State Treasurer, who shall deposit them into the
Illinois Health Facilities Planning Fund.
(e) Fines imposed under this Section shall continue to
accrue until: (i) the date that the matter is referred by the
State Board to the Board's legal counsel; or (ii) the date that
the health care facility becomes compliant with the Act,
whichever is earlier.
(Source: P.A. 98-463, eff. 8-16-13; 99-114, eff. 7-23-15;
99-180, eff. 7-29-15; revised 10-14-15.)
Section 135. The Illinois Holocaust and Genocide
Commission Act is amended by changing Section 10 as follows:
(20 ILCS 5010/10)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10. Composition of the Commission.
(a) The Commission is composed of 22 members as follows:
(1) 19 public members appointed by the Governor, one of

whom which shall be a student; and
(2) 3 ex officio members as follows:
(A) the State Superintendent of Education;
(B) the Executive Director of the Board of Higher
Education; and
(C) the Director of Veterans' Affairs.
(b) The President and Minority Leader of the Senate shall
each designate a member or former member of the Senate and the
Speaker and Minority Leader of the House of Representatives
shall each designate a member or former member of the House of
Representatives to advise the Commission.
(Source: P.A. 98-793, eff. 7-28-14; revised 10-13-15.)
Section 140. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.866 and
5.867 as follows:
(30 ILCS 105/5.866)
Sec. 5.866. The Illinois Telecommunications Access
Corporation Fund.
(Source: P.A. 99-6, eff. 6-29-15.)
(30 ILCS 105/5.867)
Sec. 5.867. The Illinois Secure Choice Administrative
Fund.
(Source: P.A. 98-1150, eff. 6-1-15; 99-78, eff. 7-20-15.)

(30 ILCS 105/5.868)
Sec. 5.868 5.866. The Illinois ABLE Accounts
Administrative Fund.
(Source: P.A. 99-145, eff. 1-1-16; revised 9-29-15.)
(30 ILCS 105/5.869)
Sec. 5.869 5.866. The Women's Business Ownership Fund.
(Source: P.A. 99-233, eff. 8-3-15; revised 9-29-15.)
(30 ILCS 105/5.870)
(Section scheduled to be repealed on December 31, 2017)
Sec. 5.870 5.866. The U.S.S. Illinois Commissioning Fund.
This Section is repealed on December 31, 2017.
(Source: P.A. 99-423, eff. 8-20-15; revised 9-29-15.)
(30 ILCS 105/5.871)
Sec. 5.871 5.866. The George Bailey Memorial Fund.
(Source: P.A. 99-455, eff. 1-1-16; revised 9-29-15.)
(30 ILCS 105/5.872)
Sec. 5.872 5.866. The Parity Education Fund.
(Source: P.A. 99-480, eff. 9-9-15; revised 9-29-15.)
(30 ILCS 105/5.873)
Sec. 5.873 5.867. The Autism Care Fund.

(Source: P.A. 99-423, eff. 8-20-15; revised 9-29-15.)
Section 145. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by
changing Sections 2 and 4f as follows:
(30 ILCS 575/2)
(Section scheduled to be repealed on June 30, 2016)
Sec. 2. Definitions.
(A) For the purpose of this Act, the following terms shall
have the following definitions:
(1) "Minority person" shall mean a person who is a
citizen or lawful permanent resident of the United States
and who is any of the following:
(a) American Indian or Alaska Native (a person
having origins in any of the original peoples of North
and South America, including Central America, and who
maintains tribal affiliation or community attachment).
(b) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited
to, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and
Vietnam).
(c) Black or African American (a person having
origins in any of the black racial groups of Africa).

Terms such as "Haitian" or "Negro" can be used in
addition to "Black or African American".
(d) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
(2) "Female" shall mean a person who is a citizen or
lawful permanent resident of the United States and who is
of the female gender.
(2.05) "Person with a disability" means a person who is
a citizen or lawful resident of the United States and is a
person qualifying as a person with a disability under
subdivision (2.1) of this subsection (A).
(2.1) "Person with a disability" means a person with a
severe physical or mental disability that:
(a) results from:
amputation,
arthritis,
autism,
blindness,
burn injury,
cancer,
cerebral palsy,
Crohn's disease,

cystic fibrosis,
deafness,
head injury,
heart disease,
hemiplegia,
hemophilia,
respiratory or pulmonary dysfunction,
an intellectual disability,
mental illness,
multiple sclerosis,
muscular dystrophy,
musculoskeletal disorders,
neurological disorders, including stroke and
epilepsy,
paraplegia,
quadriplegia and other spinal cord conditions,
sickle cell anemia,
ulcerative colitis,
specific learning disabilities, or
end stage renal failure disease; and
(b) substantially limits one or more of the
person's major life activities.
Another disability or combination of disabilities may
also be considered as a severe disability for the purposes
of item (a) of this subdivision (2.1) if it is determined
by an evaluation of rehabilitation potential to cause a

comparable degree of substantial functional limitation
similar to the specific list of disabilities listed in item
(a) of this subdivision (2.1).
(3) "Minority owned business" means a business which is
at least 51% owned by one or more minority persons, or in
the case of a corporation, at least 51% of the stock in
which is owned by one or more minority persons; and the
management and daily business operations of which are
controlled by one or more of the minority individuals who
own it.
(4) "Female owned business" means a business which is
at least 51% owned by one or more females, or, in the case
of a corporation, at least 51% of the stock in which is
owned by one or more females; and the management and daily
business operations of which are controlled by one or more
of the females who own it.
(4.1) "Business owned by a person with a disability"
means a business that is at least 51% owned by one or more
persons with a disability and the management and daily
business operations of which are controlled by one or more
of the persons with disabilities who own it. A
not-for-profit agency for persons with disabilities that
is exempt from taxation under Section 501 of the Internal
Revenue Code of 1986 is also considered a "business owned
by a person with a disability".
(4.2) "Council" means the Business Enterprise Council

for Minorities, Females, and Persons with Disabilities
created under Section 5 of this Act.
(5) "State contracts" means all contracts entered into
by the State, any agency or department thereof, or any
public institution of higher education, including
community college districts, regardless of the source of
the funds with which the contracts are paid, which are not
subject to federal reimbursement. "State contracts" does
not include contracts awarded by a retirement system,
pension fund, or investment board subject to Section
1-109.1 of the Illinois Pension Code. This definition shall
control over any existing definition under this Act or
applicable administrative rule.
"State construction contracts" means all State
contracts entered into by a State agency or public
institution of higher education for the repair,
remodeling, renovation or construction of a building or
structure, or for the construction or maintenance of a
highway defined in Article 2 of the Illinois Highway Code.
(6) "State agencies" shall mean all departments,
officers, boards, commissions, institutions and bodies
politic and corporate of the State, but does not include
the Board of Trustees of the University of Illinois, the
Board of Trustees of Southern Illinois University, the
Board of Trustees of Chicago State University, the Board of
Trustees of Eastern Illinois University, the Board of

Trustees of Governors State University, the Board of
Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of
Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, municipalities or
other local governmental units, or other State
constitutional officers.
(7) "Public institutions of higher education" means
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 public
community colleges of the State, and any other public
universities, colleges, and community colleges now or
hereafter established or authorized by the General
Assembly.
(8) "Certification" means a determination made by the
Council or by one delegated authority from the Council to
make certifications, or by a State agency with statutory
authority to make such a certification, that a business
entity is a business owned by a minority, female, or person
with a disability for whatever purpose. A business owned
and controlled by females shall be certified as a "female
owned business". A business owned and controlled by females
who are also minorities shall be certified as both a

"female owned business" and a "minority owned business".
(9) "Control" means the exclusive or ultimate and 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, operating 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.
(10) "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 Council for
certification for a particular contract if the firm can
demonstrate that the contract would have significant
impact on businesses owned by minorities, females, or
persons with disabilities as suppliers or subcontractors

or in employment of minorities, females, or persons with
disabilities.
(B) When a business is owned at least 51% by any
combination of minority persons, females, or persons with
disabilities, even though none of the 3 classes alone holds at
least a 51% interest, the ownership requirement for purposes of
this Act is considered to be met. The certification category
for the business is that of the class holding the largest
ownership interest in the business. If 2 or more classes have
equal ownership interests, the certification category shall be
determined by the business.
(Source: P.A. 98-95, eff. 7-17-13; 99-143, eff. 7-27-15;
99-462, eff. 8-25-15; revised 10-16-15.)
(30 ILCS 575/4f)
(Section scheduled to be repealed on June 30, 2016)
Sec. 4f. Award of State contracts.
(1) It is hereby declared to be the public policy of the
State of Illinois to promote and encourage each State agency
and public institution of higher education to use businesses
owned by minorities, females, and persons with disabilities in
the area of goods and services, including, but not limited to,
insurance services, investment management services,
information technology services, accounting services,
architectural and engineering services, and legal services.
Furthermore, each State agency and public institution of higher

education shall utilize such firms to the greatest extent
feasible within the bounds of financial and fiduciary prudence,
and take affirmative steps to remove any barriers to the full
participation of such firms in the procurement and contracting
opportunities afforded.
(a) When a State agency or public institution of higher
education, other than a community college, awards a
contract for insurance services, for each State agency or
public institution of higher education, it shall be the
aspirational goal to use insurance brokers owned by
minorities, females, and persons with disabilities as
defined by this Act, for not less than 20% of the total
annual premiums or fees.
(b) When a State agency or public institution of higher
education, other than a community college, awards a
contract for investment services, for each State agency or
public institution of higher education, it shall be the
aspirational goal to use emerging investment managers
owned by minorities, females, and persons with
disabilities as defined by this Act, for not less than 20%
of the total funds under management. Furthermore, it is the
aspirational goal that not less than 20% of the direct
asset managers of the State funds be minorities, females,
and persons with disabilities.
(c) When a State agency or public institution of higher
education, other than a community college, awards

contracts for information technology services, accounting
services, architectural and engineering services, and
legal services, for each State agency and public
institution of higher education, it shall be the
aspirational goal to use such firms owned by minorities,
females, and persons with disabilities as defined by this
Act and lawyers who are minorities, females, and persons
with disabilities as defined by this Act, for not less than
20% of the total dollar amount of State contracts.
(d) When a community college awards a contract for
insurance services, investment services, information
technology services, accounting services, architectural
and engineering services, and legal services, it shall be
the aspirational goal of each community college to use
businesses owned by minorities, females, and persons with
disabilities as defined in this Act for not less than 20%
of the total amount spent on contracts for these services
collectively. When a community college awards contracts
for investment services, contracts awarded to investment
managers who are not emerging investment managers as
defined in this Act shall not be considered businesses
owned by minorities, females, or persons with disabilities
for the purposes of this Section.
(2) As used in this Section:
"Accounting services" means the measurement,
processing and communication of financial information

about economic entities including, but is not limited to,
financial accounting, management accounting, auditing,
cost containment and auditing services, taxation and
accounting information systems.
"Architectural and engineering services" means
professional services of an architectural or engineering
nature, or incidental services, that members of the
architectural and engineering professions, and individuals
in their employ, may logically or justifiably perform,
including studies, investigations, surveying and mapping,
tests, evaluations, consultations, comprehensive planning,
program management, conceptual designs, plans and
specifications, value engineering, construction phase
services, soils engineering, drawing reviews, preparation
of operating and maintenance manuals, and other related
services.
"Emerging investment manager" means an investment
manager or claims consultant having assets under
management below $10 billion or otherwise adjudicating
claims.
"Information technology services" means, but is not
limited to, specialized technology-oriented solutions by
combining the processes and functions of software,
hardware, networks, telecommunications, web designers,
cloud developing resellers, and electronics.
"Insurance broker" means an insurance brokerage firm,

claims administrator, or both, that procures, places all
lines of insurance, or administers claims with annual
premiums or fees of at least $5,000,000 but not more than
$10,000,000.
"Legal services" means work performed by a lawyer
including, but not limited to, contracts in anticipation of
litigation, enforcement actions, or investigations.
(3) Each State agency and public institution institutions
of higher education shall adopt policies that identify its plan
and implementation procedures for increasing the use of service
firms owned by minorities, females, and persons with
disabilities.
(4) Except as provided in subsection (5), the Council shall
file no later than March 1 of each year an annual report to the
Governor and the General Assembly. The report filed with the
General Assembly shall be filed as required in Section 3.1 of
the General Assembly Organization Act. This report shall: (i)
identify the service firms used by each State agency and public
institution of higher education, (ii) identify the actions it
has undertaken to increase the use of service firms owned by
minorities, females, and persons with disabilities, including
encouraging non-minority owned firms to use other service firms
owned by minorities, females, and persons with disabilities as
subcontractors when the opportunities arise, (iii) state any
recommendations made by the Council to each State agency and
public institution of higher education to increase

participation by the use of service firms owned by minorities,
females, and persons with disabilities, and (iv) include the
following:
(A) For insurance services: the names of the insurance
brokers or claims consultants used, the total of risk
managed by each State agency and public institution of
higher education by insurance brokers, the total
commissions, fees paid, or both, the lines or insurance
policies placed, and the amount of premiums placed; and the
percentage of the risk managed by insurance brokers, the
percentage of total commission, fees paid, or both, the
lines or insurance policies placed, and the amount of
premiums placed with each by the insurance brokers owned by
minorities, females, and persons with disabilities by each
State agency and public institution of higher education.
(B) For investment management services: the names of
the investment managers used, the total funds under
management of investment managers; the total commissions,
fees paid, or both; the total and percentage of funds under
management of emerging investment managers owned by
minorities, females, and persons with disabilities,
including the total and percentage of total commissions,
fees paid, or both by each State agency and public
institution of higher education.
(C) The names of service firms, the percentage and
total dollar amount paid for professional services by

category by each State agency and public institution of
higher education.
(D) The names of service firms, the percentage and
total dollar amount paid for services by category to firms
owned by minorities, females, and persons with
disabilities by each State agency and public institution of
higher education.
(E) The total number of contracts awarded for services
by category and the total number of contracts awarded to
firms owned by minorities, females, and persons with
disabilities by each State agency and public institution of
higher education.
(5) For community college districts, the Business
Enterprise Council shall only report the following information
for each community college district: (i) the name of the
community colleges in the district, (ii) the name and contact
information of a person at each community college appointed to
be the single point of contact for vendors owned by minorities,
females, or persons with disabilities, (iii) the policy of the
community college district concerning certified vendors, (iv)
the certifications recognized by the community college
district for determining whether a business is owned or
controlled by a minority, female, or person with a disability,
(v) outreach efforts conducted by the community college
district to increase the use of certified vendors, (vi) the
total expenditures by the community college district in the

prior fiscal year in the divisions of work specified in
paragraphs (a), (b), and (c) of subsection (1) of this Section
and the amount paid to certified vendors in those divisions of
work, and (vii) the total number of contracts entered into for
the divisions of work specified in paragraphs (a), (b), and (c)
of subsection (1) of this Section and the total number of
contracts awarded to certified vendors providing these
services to the community college district. The Business
Enterprise Council shall not make any utilization reports under
this Act for community college districts for Fiscal Year 2015
and Fiscal Year 2016, but shall make the report required by
this subsection for Fiscal Year 2017 and for each fiscal year
thereafter. The Business Enterprise Council shall report the
information in items (i), (ii), (iii), and (iv) of this
subsection beginning in September of 2016. The Business
Enterprise Council may collect the data needed to make its
report from the Illinois Community College Board.
(6) The status of the utilization of services shall be
discussed at each of the regularly scheduled Business
Enterprise Council meetings. Time shall be allotted for the
Council to receive, review, and discuss the progress of the use
of service firms owned by minorities, females, and persons with
disabilities by each State agency and public institution
institutions of higher education; and any evidence regarding
past or present racial, ethnic, or gender-based discrimination
which directly impacts a State agency or public institution

institutions of higher education contracting with such firms.
If after reviewing such evidence the Council finds that there
is or has been such discrimination against a specific group,
race or sex, the Council shall establish sheltered markets or
adjust existing sheltered markets tailored to address the
Council's specific findings for the divisions of work specified
in paragraphs (a), (b), and (c) of subsection (1) of this
Section.
(Source: P.A. 99-462, eff. 8-25-15; revised 10-15-15.)
Section 150. The State Mandates Act is amended by changing
Section 8.39 as follows:
(30 ILCS 805/8.39)
Sec. 8.39. Exempt mandate.
(a) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Public Act 99-176, 99-180, 99-228, or
99-466 this amendatory Act of the 99th General Assembly.
(b) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by the Student Transfer Achievement
Reform Act.
(Source: P.A. 99-176, eff. 7-29-15; 99-180, eff. 7-29-15;
99-228, eff. 1-1-16; 99-316, eff. 1-1-16; 99-466, eff. 8-26-15;
revised 10-9-15.)

Section 155. The Illinois Income Tax Act is amended by
changing Sections 304 and 507DDD as follows:
(35 ILCS 5/304) (from Ch. 120, par. 3-304)
Sec. 304. Business income of persons other than residents.
(a) In general. The business income of a person other than
a resident shall be allocated to this State if such person's
business income is derived solely from this State. If a person
other than a resident derives business income from this State
and one or more other states, then, for tax years ending on or
before December 30, 1998, and except as otherwise provided by
this Section, such person's business income shall be
apportioned to this State by multiplying the income by a
fraction, the numerator of which is the sum of the property
factor (if any), the payroll factor (if any) and 200% of the
sales factor (if any), and the denominator of which is 4
reduced by the number of factors other than the sales factor
which have a denominator of zero and by an additional 2 if the
sales factor has a denominator of zero. For tax years ending on
or after December 31, 1998, and except as otherwise provided by
this Section, persons other than residents who derive business
income from this State and one or more other states shall
compute their apportionment factor by weighting their
property, payroll, and sales factors as provided in subsection
(h) of this Section.

(1) Property factor.
(A) The property factor is a fraction, the numerator of
which is the average value of the person's real and
tangible personal property owned or rented and used in the
trade or business in this State during the taxable year and
the denominator of which is the average value of all the
person's real and tangible personal property owned or
rented and used in the trade or business during the taxable
year.
(B) Property owned by the person is valued at its
original cost. Property rented by the person is valued at 8
times the net annual rental rate. Net annual rental rate is
the annual rental rate paid by the person less any annual
rental rate received by the person from sub-rentals.
(C) The average value of property shall be determined
by averaging the values at the beginning and ending of the
taxable year but the Director may require the averaging of
monthly values during the taxable year if reasonably
required to reflect properly the average value of the
person's property.
(2) Payroll factor.
(A) The payroll factor is a fraction, the numerator of
which is the total amount paid in this State during the
taxable year by the person for compensation, and the
denominator of which is the total compensation paid
everywhere during the taxable year.

(B) Compensation is paid in this State if:
(i) The individual's service is performed entirely
within this State;
(ii) The individual's service is performed both
within and without this State, but the service
performed without this State is incidental to the
individual's service performed within this State; or
(iii) Some of the service is performed within this
State and either the base of operations, or if there is
no base of operations, the place from which the service
is directed or controlled is within this State, or the
base of operations or the place from which the service
is directed or controlled is not in any state in which
some part of the service is performed, but the
individual's residence is in this State.
(iv) Compensation paid to nonresident professional
athletes.
(a) General. The Illinois source income of a
nonresident individual who is a member of a
professional athletic team includes the portion of the
individual's total compensation for services performed
as a member of a professional athletic team during the
taxable year which the number of duty days spent within
this State performing services for the team in any
manner during the taxable year bears to the total
number of duty days spent both within and without this

State during the taxable year.
(b) Travel days. Travel days that do not involve
either a game, practice, team meeting, or other similar
team event are not considered duty days spent in this
State. However, such travel days are considered in the
total duty days spent both within and without this
State.
(c) Definitions. For purposes of this subpart
(iv):
(1) The term "professional athletic team"
includes, but is not limited to, any professional
baseball, basketball, football, soccer, or hockey
team.
(2) The term "member of a professional
athletic team" includes those employees who are
active players, players on the disabled list, and
any other persons required to travel and who travel
with and perform services on behalf of a
professional athletic team on a regular basis.
This includes, but is not limited to, coaches,
managers, and trainers.
(3) Except as provided in items (C) and (D) of
this subpart (3), the term "duty days" means all
days during the taxable year from the beginning of
the professional athletic team's official
pre-season training period through the last game

in which the team competes or is scheduled to
compete. Duty days shall be counted for the year in
which they occur, including where a team's
official pre-season training period through the
last game in which the team competes or is
scheduled to compete, occurs during more than one
tax year.
(A) Duty days shall also include days on
which a member of a professional athletic team
performs service for a team on a date that does
not fall within the foregoing period (e.g.,
participation in instructional leagues, the
"All Star Game", or promotional "caravans").
Performing a service for a professional
athletic team includes conducting training and
rehabilitation activities, when such
activities are conducted at team facilities.
(B) Also included in duty days are game
days, practice days, days spent at team
meetings, promotional caravans, preseason
training camps, and days served with the team
through all post-season games in which the team
competes or is scheduled to compete.
(C) Duty days for any person who joins a
team during the period from the beginning of
the professional athletic team's official

pre-season training period through the last
game in which the team competes, or is
scheduled to compete, shall begin on the day
that person joins the team. Conversely, duty
days for any person who leaves a team during
this period shall end on the day that person
leaves the team. Where a person switches teams
during a taxable year, a separate duty-day
calculation shall be made for the period the
person was with each team.
(D) Days for which a member of a
professional athletic team is not compensated
and is not performing services for the team in
any manner, including days when such member of
a professional athletic team has been
suspended without pay and prohibited from
performing any services for the team, shall not
be treated as duty days.
(E) Days for which a member of a
professional athletic team is on the disabled
list and does not conduct rehabilitation
activities at facilities of the team, and is
not otherwise performing services for the team
in Illinois, shall not be considered duty days
spent in this State. All days on the disabled
list, however, are considered to be included in

total duty days spent both within and without
this State.
(4) The term "total compensation for services
performed as a member of a professional athletic
team" means the total compensation received during
the taxable year for services performed:
(A) from the beginning of the official
pre-season training period through the last
game in which the team competes or is scheduled
to compete during that taxable year; and
(B) during the taxable year on a date which
does not fall within the foregoing period
(e.g., participation in instructional leagues,
the "All Star Game", or promotional caravans).
This compensation shall include, but is not
limited to, salaries, wages, bonuses as described
in this subpart, and any other type of compensation
paid during the taxable year to a member of a
professional athletic team for services performed
in that year. This compensation does not include
strike benefits, severance pay, termination pay,
contract or option year buy-out payments,
expansion or relocation payments, or any other
payments not related to services performed for the
team.
For purposes of this subparagraph, "bonuses"

included in "total compensation for services
performed as a member of a professional athletic
team" subject to the allocation described in
Section 302(c)(1) are: bonuses earned as a result
of play (i.e., performance bonuses) during the
season, including bonuses paid for championship,
playoff or "bowl" games played by a team, or for
selection to all-star league or other honorary
positions; and bonuses paid for signing a
contract, unless the payment of the signing bonus
is not conditional upon the signee playing any
games for the team or performing any subsequent
services for the team or even making the team, the
signing bonus is payable separately from the
salary and any other compensation, and the signing
bonus is nonrefundable.
(3) Sales factor.
(A) The sales factor is a fraction, the numerator of
which is the total sales of the person in this State during
the taxable year, and the denominator of which is the total
sales of the person everywhere during the taxable year.
(B) Sales of tangible personal property are in this
State if:
(i) The property is delivered or shipped to a
purchaser, other than the United States government,
within this State regardless of the f. o. b. point or

other conditions of the sale; or
(ii) The property is shipped from an office, store,
warehouse, factory or other place of storage in this
State and either the purchaser is the United States
government or the person is not taxable in the state of
the purchaser; provided, however, that premises owned
or leased by a person who has independently contracted
with the seller for the printing of newspapers,
periodicals or books shall not be deemed to be an
office, store, warehouse, factory or other place of
storage for purposes of this Section. Sales of tangible
personal property are not in this State if the seller
and purchaser would be members of the same unitary
business group but for the fact that either the seller
or purchaser is a person with 80% or more of total
business activity outside of the United States and the
property is purchased for resale.
(B-1) Patents, copyrights, trademarks, and similar
items of intangible personal property.
(i) Gross receipts from the licensing, sale, or
other disposition of a patent, copyright, trademark,
or similar item of intangible personal property, other
than gross receipts governed by paragraph (B-7) of this
item (3), are in this State to the extent the item is
utilized in this State during the year the gross
receipts are included in gross income.

(ii) Place of utilization.
(I) A patent is utilized in a state to the
extent that it is employed in production,
fabrication, manufacturing, or other processing in
the state or to the extent that a patented product
is produced in the state. If a patent is utilized
in more than one state, the extent to which it is
utilized in any one state shall be a fraction equal
to the gross receipts of the licensee or purchaser
from sales or leases of items produced,
fabricated, manufactured, or processed within that
state using the patent and of patented items
produced within that state, divided by the total of
such gross receipts for all states in which the
patent is utilized.
(II) A copyright is utilized in a state to the
extent that printing or other publication
originates in the state. If a copyright is utilized
in more than one state, the extent to which it is
utilized in any one state shall be a fraction equal
to the gross receipts from sales or licenses of
materials printed or published in that state
divided by the total of such gross receipts for all
states in which the copyright is utilized.
(III) Trademarks and other items of intangible
personal property governed by this paragraph (B-1)

are utilized in the state in which the commercial
domicile of the licensee or purchaser is located.
(iii) If the state of utilization of an item of
property governed by this paragraph (B-1) cannot be
determined from the taxpayer's books and records or
from the books and records of any person related to the
taxpayer within the meaning of Section 267(b) of the
Internal Revenue Code, 26 U.S.C. 267, the gross
receipts attributable to that item shall be excluded
from both the numerator and the denominator of the
sales factor.
(B-2) Gross receipts from the license, sale, or other
disposition of patents, copyrights, trademarks, and
similar items of intangible personal property, other than
gross receipts governed by paragraph (B-7) of this item
(3), may be included in the numerator or denominator of the
sales factor only if gross receipts from licenses, sales,
or other disposition of such items comprise more than 50%
of the taxpayer's total gross receipts included in gross
income during the tax year and during each of the 2
immediately preceding tax years; provided that, when a
taxpayer is a member of a unitary business group, such
determination shall be made on the basis of the gross
receipts of the entire unitary business group.
(B-5) For taxable years ending on or after December 31,
2008, except as provided in subsections (ii) through (vii),

receipts from the sale of telecommunications service or
mobile telecommunications service are in this State if the
customer's service address is in this State.
(i) For purposes of this subparagraph (B-5), the
following terms have the following meanings:
"Ancillary services" means services that are
associated with or incidental to the provision of
"telecommunications services", including but not
limited to "detailed telecommunications billing",
"directory assistance", "vertical service", and "voice
mail services".
"Air-to-Ground Radiotelephone service" means a
radio service, as that term is defined in 47 CFR 22.99,
in which common carriers are authorized to offer and
provide radio telecommunications service for hire to
subscribers in aircraft.
"Call-by-call Basis" means any method of charging
for telecommunications services where the price is
measured by individual calls.
"Communications Channel" means a physical or
virtual path of communications over which signals are
transmitted between or among customer channel
termination points.
"Conference bridging service" means an "ancillary
service" that links two or more participants of an
audio or video conference call and may include the

provision of a telephone number. "Conference bridging
service" does not include the "telecommunications
services" used to reach the conference bridge.
"Customer Channel Termination Point" means the
location where the customer either inputs or receives
the communications.
"Detailed telecommunications billing service"
means an "ancillary service" of separately stating
information pertaining to individual calls on a
customer's billing statement.
"Directory assistance" means an "ancillary
service" of providing telephone number information,
and/or address information.
"Home service provider" means the facilities based
carrier or reseller with which the customer contracts
for the provision of mobile telecommunications
services.
"Mobile telecommunications service" means
commercial mobile radio service, as defined in Section
20.3 of Title 47 of the Code of Federal Regulations as
in effect on June 1, 1999.
"Place of primary use" means the street address
representative of where the customer's use of the
telecommunications service primarily occurs, which
must be the residential street address or the primary
business street address of the customer. In the case of

mobile telecommunications services, "place of primary
use" must be within the licensed service area of the
home service provider.
"Post-paid telecommunication service" means the
telecommunications service obtained by making a
payment on a call-by-call basis either through the use
of a credit card or payment mechanism such as a bank
card, travel card, credit card, or debit card, or by
charge made to a telephone number which is not
associated with the origination or termination of the
telecommunications service. A post-paid calling
service includes telecommunications service, except a
prepaid wireless calling service, that would be a
prepaid calling service except it is not exclusively a
telecommunication service.
"Prepaid telecommunication service" means the
right to access exclusively telecommunications
services, which must be paid for in advance and which
enables the origination of calls using an access number
or authorization code, whether manually or
electronically dialed, and that is sold in
predetermined units or dollars of which the number
declines with use in a known amount.
"Prepaid Mobile telecommunication service" means a
telecommunications service that provides the right to
utilize mobile wireless service as well as other

non-telecommunication services, including but not
limited to ancillary services, which must be paid for
in advance that is sold in predetermined units or
dollars of which the number declines with use in a
known amount.
"Private communication service" means a
telecommunication service that entitles the customer
to exclusive or priority use of a communications
channel or group of channels between or among
termination points, regardless of the manner in which
such channel or channels are connected, and includes
switching capacity, extension lines, stations, and any
other associated services that are provided in
connection with the use of such channel or channels.
"Service address" means:
(a) The location of the telecommunications
equipment to which a customer's call is charged and
from which the call originates or terminates,
regardless of where the call is billed or paid;
(b) If the location in line (a) is not known,
service address means the origination point of the
signal of the telecommunications services first
identified by either the seller's
telecommunications system or in information
received by the seller from its service provider
where the system used to transport such signals is

not that of the seller; and
(c) If the locations in line (a) and line (b)
are not known, the service address means the
location of the customer's place of primary use.
"Telecommunications service" means the electronic
transmission, conveyance, or routing of voice, data,
audio, video, or any other information or signals to a
point, or between or among points. The term
"telecommunications service" includes such
transmission, conveyance, or routing in which computer
processing applications are used to act on the form,
code or protocol of the content for purposes of
transmission, conveyance or routing without regard to
whether such service is referred to as voice over
Internet protocol services or is classified by the
Federal Communications Commission as enhanced or value
added. "Telecommunications service" does not include:
(a) Data processing and information services
that allow data to be generated, acquired, stored,
processed, or retrieved and delivered by an
electronic transmission to a purchaser when such
purchaser's primary purpose for the underlying
transaction is the processed data or information;
(b) Installation or maintenance of wiring or
equipment on a customer's premises;
(c) Tangible personal property;

(d) Advertising, including but not limited to
directory advertising.
(e) Billing and collection services provided
to third parties;
(f) Internet access service;
(g) Radio and television audio and video
programming services, regardless of the medium,
including the furnishing of transmission,
conveyance and routing of such services by the
programming service provider. Radio and television
audio and video programming services shall include
but not be limited to cable service as defined in
47 USC 522(6) and audio and video programming
services delivered by commercial mobile radio
service providers, as defined in 47 CFR 20.3;
(h) "Ancillary services"; or
(i) Digital products "delivered
electronically", including but not limited to
software, music, video, reading materials or ring
tones.
"Vertical service" means an "ancillary service"
that is offered in connection with one or more
"telecommunications services", which offers advanced
calling features that allow customers to identify
callers and to manage multiple calls and call
connections, including "conference bridging services".

"Voice mail service" means an "ancillary service"
that enables the customer to store, send or receive
recorded messages. "Voice mail service" does not
include any "vertical services" that the customer may
be required to have in order to utilize the "voice mail
service".
(ii) Receipts from the sale of telecommunications
service sold on an individual call-by-call basis are in
this State if either of the following applies:
(a) The call both originates and terminates in
this State.
(b) The call either originates or terminates
in this State and the service address is located in
this State.
(iii) Receipts from the sale of postpaid
telecommunications service at retail are in this State
if the origination point of the telecommunication
signal, as first identified by the service provider's
telecommunication system or as identified by
information received by the seller from its service
provider if the system used to transport
telecommunication signals is not the seller's, is
located in this State.
(iv) Receipts from the sale of prepaid
telecommunications service or prepaid mobile
telecommunications service at retail are in this State

if the purchaser obtains the prepaid card or similar
means of conveyance at a location in this State.
Receipts from recharging a prepaid telecommunications
service or mobile telecommunications service is in
this State if the purchaser's billing information
indicates a location in this State.
(v) Receipts from the sale of private
communication services are in this State as follows:
(a) 100% of receipts from charges imposed at
each channel termination point in this State.
(b) 100% of receipts from charges for the total
channel mileage between each channel termination
point in this State.
(c) 50% of the total receipts from charges for
service segments when those segments are between 2
customer channel termination points, 1 of which is
located in this State and the other is located
outside of this State, which segments are
separately charged.
(d) The receipts from charges for service
segments with a channel termination point located
in this State and in two or more other states, and
which segments are not separately billed, are in
this State based on a percentage determined by
dividing the number of customer channel
termination points in this State by the total

number of customer channel termination points.
(vi) Receipts from charges for ancillary services
for telecommunications service sold to customers at
retail are in this State if the customer's primary
place of use of telecommunications services associated
with those ancillary services is in this State. If the
seller of those ancillary services cannot determine
where the associated telecommunications are located,
then the ancillary services shall be based on the
location of the purchaser.
(vii) Receipts to access a carrier's network or
from the sale of telecommunication services or
ancillary services for resale are in this State as
follows:
(a) 100% of the receipts from access fees
attributable to intrastate telecommunications
service that both originates and terminates in
this State.
(b) 50% of the receipts from access fees
attributable to interstate telecommunications
service if the interstate call either originates
or terminates in this State.
(c) 100% of the receipts from interstate end
user access line charges, if the customer's
service address is in this State. As used in this
subdivision, "interstate end user access line

charges" includes, but is not limited to, the
surcharge approved by the federal communications
commission and levied pursuant to 47 CFR 69.
(d) Gross receipts from sales of
telecommunication services or from ancillary
services for telecommunications services sold to
other telecommunication service providers for
resale shall be sourced to this State using the
apportionment concepts used for non-resale
receipts of telecommunications services if the
information is readily available to make that
determination. If the information is not readily
available, then the taxpayer may use any other
reasonable and consistent method.
(B-7) For taxable years ending on or after December 31,
2008, receipts from the sale of broadcasting services are
in this State if the broadcasting services are received in
this State. For purposes of this paragraph (B-7), the
following terms have the following meanings:
"Advertising revenue" means consideration received
by the taxpayer in exchange for broadcasting services
or allowing the broadcasting of commercials or
announcements in connection with the broadcasting of
film or radio programming, from sponsorships of the
programming, or from product placements in the
programming.

"Audience factor" means the ratio that the
audience or subscribers located in this State of a
station, a network, or a cable system bears to the
total audience or total subscribers for that station,
network, or cable system. The audience factor for film
or radio programming shall be determined by reference
to the books and records of the taxpayer or by
reference to published rating statistics provided the
method used by the taxpayer is consistently used from
year to year for this purpose and fairly represents the
taxpayer's activity in this State.
"Broadcast" or "broadcasting" or "broadcasting
services" means the transmission or provision of film
or radio programming, whether through the public
airwaves, by cable, by direct or indirect satellite
transmission, or by any other means of communication,
either through a station, a network, or a cable system.
"Film" or "film programming" means the broadcast
on television of any and all performances, events, or
productions, including but not limited to news,
sporting events, plays, stories, or other literary,
commercial, educational, or artistic works, either
live or through the use of video tape, disc, or any
other type of format or medium. Each episode of a
series of films produced for television shall
constitute separate "film" notwithstanding that the

series relates to the same principal subject and is
produced during one or more tax periods.
"Radio" or "radio programming" means the broadcast
on radio of any and all performances, events, or
productions, including but not limited to news,
sporting events, plays, stories, or other literary,
commercial, educational, or artistic works, either
live or through the use of an audio tape, disc, or any
other format or medium. Each episode in a series of
radio programming produced for radio broadcast shall
constitute a separate "radio programming"
notwithstanding that the series relates to the same
principal subject and is produced during one or more
tax periods.
(i) In the case of advertising revenue from
broadcasting, the customer is the advertiser and
the service is received in this State if the
commercial domicile of the advertiser is in this
State.
(ii) In the case where film or radio
programming is broadcast by a station, a network,
or a cable system for a fee or other remuneration
received from the recipient of the broadcast, the
portion of the service that is received in this
State is measured by the portion of the recipients
of the broadcast located in this State.

Accordingly, the fee or other remuneration for
such service that is included in the Illinois
numerator of the sales factor is the total of those
fees or other remuneration received from
recipients in Illinois. For purposes of this
paragraph, a taxpayer may determine the location
of the recipients of its broadcast using the
address of the recipient shown in its contracts
with the recipient or using the billing address of
the recipient in the taxpayer's records.
(iii) In the case where film or radio
programming is broadcast by a station, a network,
or a cable system for a fee or other remuneration
from the person providing the programming, the
portion of the broadcast service that is received
by such station, network, or cable system in this
State is measured by the portion of recipients of
the broadcast located in this State. Accordingly,
the amount of revenue related to such an
arrangement that is included in the Illinois
numerator of the sales factor is the total fee or
other total remuneration from the person providing
the programming related to that broadcast
multiplied by the Illinois audience factor for
that broadcast.
(iv) In the case where film or radio

programming is provided by a taxpayer that is a
network or station to a customer for broadcast in
exchange for a fee or other remuneration from that
customer the broadcasting service is received at
the location of the office of the customer from
which the services were ordered in the regular
course of the customer's trade or business.
Accordingly, in such a case the revenue derived by
the taxpayer that is included in the taxpayer's
Illinois numerator of the sales factor is the
revenue from such customers who receive the
broadcasting service in Illinois.
(v) In the case where film or radio programming
is provided by a taxpayer that is not a network or
station to another person for broadcasting in
exchange for a fee or other remuneration from that
person, the broadcasting service is received at
the location of the office of the customer from
which the services were ordered in the regular
course of the customer's trade or business.
Accordingly, in such a case the revenue derived by
the taxpayer that is included in the taxpayer's
Illinois numerator of the sales factor is the
revenue from such customers who receive the
broadcasting service in Illinois.
(B-8) Gross receipts from winnings under the Illinois

Lottery Law from the assignment of a prize under Section
13.1 13-1 of the Illinois Lottery Law are received in this
State. This paragraph (B-8) applies only to taxable years
ending on or after December 31, 2013.
(C) For taxable years ending before December 31, 2008,
sales, other than sales governed by paragraphs (B), (B-1),
(B-2), and (B-8) are in this State if:
(i) The income-producing activity is performed in
this State; or
(ii) The income-producing activity is performed
both within and without this State and a greater
proportion of the income-producing activity is
performed within this State than without this State,
based on performance costs.
(C-5) For taxable years ending on or after December 31,
2008, sales, other than sales governed by paragraphs (B),
(B-1), (B-2), (B-5), and (B-7), are in this State if any of
the following criteria are met:
(i) Sales from the sale or lease of real property
are in this State if the property is located in this
State.
(ii) Sales from the lease or rental of tangible
personal property are in this State if the property is
located in this State during the rental period. Sales
from the lease or rental of tangible personal property
that is characteristically moving property, including,

but not limited to, motor vehicles, rolling stock,
aircraft, vessels, or mobile equipment are in this
State to the extent that the property is used in this
State.
(iii) In the case of interest, net gains (but not
less than zero) and other items of income from
intangible personal property, the sale is in this State
if:
(a) in the case of a taxpayer who is a dealer
in the item of intangible personal property within
the meaning of Section 475 of the Internal Revenue
Code, the income or gain is received from a
customer in this State. For purposes of this
subparagraph, a customer is in this State if the
customer is an individual, trust or estate who is a
resident of this State and, for all other
customers, if the customer's commercial domicile
is in this State. Unless the dealer has actual
knowledge of the residence or commercial domicile
of a customer during a taxable year, the customer
shall be deemed to be a customer in this State if
the billing address of the customer, as shown in
the records of the dealer, is in this State; or
(b) in all other cases, if the
income-producing activity of the taxpayer is
performed in this State or, if the

income-producing activity of the taxpayer is
performed both within and without this State, if a
greater proportion of the income-producing
activity of the taxpayer is performed within this
State than in any other state, based on performance
costs.
(iv) Sales of services are in this State if the
services are received in this State. For the purposes
of this section, gross receipts from the performance of
services provided to a corporation, partnership, or
trust may only be attributed to a state where that
corporation, partnership, or trust has a fixed place of
business. If the state where the services are received
is not readily determinable or is a state where the
corporation, partnership, or trust receiving the
service does not have a fixed place of business, the
services shall be deemed to be received at the location
of the office of the customer from which the services
were ordered in the regular course of the customer's
trade or business. If the ordering office cannot be
determined, the services shall be deemed to be received
at the office of the customer to which the services are
billed. If the taxpayer is not taxable in the state in
which the services are received, the sale must be
excluded from both the numerator and the denominator of
the sales factor. The Department shall adopt rules

prescribing where specific types of service are
received, including, but not limited to, publishing,
and utility service.
(D) For taxable years ending on or after December 31,
1995, the following items of income shall not be included
in the numerator or denominator of the sales factor:
dividends; amounts included under Section 78 of the
Internal Revenue Code; and Subpart F income as defined in
Section 952 of the Internal Revenue Code. No inference
shall be drawn from the enactment of this paragraph (D) in
construing this Section for taxable years ending before
December 31, 1995.
(E) Paragraphs (B-1) and (B-2) shall apply to tax years
ending on or after December 31, 1999, provided that a
taxpayer may elect to apply the provisions of these
paragraphs to prior tax years. Such election shall be made
in the form and manner prescribed by the Department, shall
be irrevocable, and shall apply to all tax years; provided
that, if a taxpayer's Illinois income tax liability for any
tax year, as assessed under Section 903 prior to January 1,
1999, was computed in a manner contrary to the provisions
of paragraphs (B-1) or (B-2), no refund shall be payable to
the taxpayer for that tax year to the extent such refund is
the result of applying the provisions of paragraph (B-1) or
(B-2) retroactively. In the case of a unitary business
group, such election shall apply to all members of such

group for every tax year such group is in existence, but
shall not apply to any taxpayer for any period during which
that taxpayer is not a member of such group.
(b) Insurance companies.
(1) In general. Except as otherwise provided by
paragraph (2), business income of an insurance company for
a taxable year shall be apportioned to this State by
multiplying such income by a fraction, the numerator of
which is the direct premiums written for insurance upon
property or risk in this State, and the denominator of
which is the direct premiums written for insurance upon
property or risk everywhere. For purposes of this
subsection, the term "direct premiums written" means the
total amount of direct premiums written, assessments and
annuity considerations as reported for the taxable year on
the annual statement filed by the company with the Illinois
Director of Insurance in the form approved by the National
Convention of Insurance Commissioners or such other form as
may be prescribed in lieu thereof.
(2) Reinsurance. If the principal source of premiums
written by an insurance company consists of premiums for
reinsurance accepted by it, the business income of such
company shall be apportioned to this State by multiplying
such income by a fraction, the numerator of which is the
sum of (i) direct premiums written for insurance upon
property or risk in this State, plus (ii) premiums written

for reinsurance accepted in respect of property or risk in
this State, and the denominator of which is the sum of
(iii) direct premiums written for insurance upon property
or risk everywhere, plus (iv) premiums written for
reinsurance accepted in respect of property or risk
everywhere. For purposes of this paragraph, premiums
written for reinsurance accepted in respect of property or
risk in this State, whether or not otherwise determinable,
may, at the election of the company, be determined on the
basis of the proportion which premiums written for
reinsurance accepted from companies commercially domiciled
in Illinois bears to premiums written for reinsurance
accepted from all sources, or, alternatively, in the
proportion which the sum of the direct premiums written for
insurance upon property or risk in this State by each
ceding company from which reinsurance is accepted bears to
the sum of the total direct premiums written by each such
ceding company for the taxable year. The election made by a
company under this paragraph for its first taxable year
ending on or after December 31, 2011, shall be binding for
that company for that taxable year and for all subsequent
taxable years, and may be altered only with the written
permission of the Department, which shall not be
unreasonably withheld.
(c) Financial organizations.
(1) In general. For taxable years ending before

December 31, 2008, business income of a financial
organization shall be apportioned to this State by
multiplying such income by a fraction, the numerator of
which is its business income from sources within this
State, and the denominator of which is its business income
from all sources. For the purposes of this subsection, the
business income of a financial organization from sources
within this State is the sum of the amounts referred to in
subparagraphs (A) through (E) following, but excluding the
adjusted income of an international banking facility as
determined in paragraph (2):
(A) Fees, commissions or other compensation for
financial services rendered within this State;
(B) Gross profits from trading in stocks, bonds or
other securities managed within this State;
(C) Dividends, and interest from Illinois
customers, which are received within this State;
(D) Interest charged to customers at places of
business maintained within this State for carrying
debit balances of margin accounts, without deduction
of any costs incurred in carrying such accounts; and
(E) Any other gross income resulting from the
operation as a financial organization within this
State. In computing the amounts referred to in
paragraphs (A) through (E) of this subsection, any
amount received by a member of an affiliated group

(determined under Section 1504(a) of the Internal
Revenue Code but without reference to whether any such
corporation is an "includible corporation" under
Section 1504(b) of the Internal Revenue Code) from
another member of such group shall be included only to
the extent such amount exceeds expenses of the
recipient directly related thereto.
(2) International Banking Facility. For taxable years
ending before December 31, 2008:
(A) Adjusted Income. The adjusted income of an
international banking facility is its income reduced
by the amount of the floor amount.
(B) Floor Amount. The floor amount shall be the
amount, if any, determined by multiplying the income of
the international banking facility by a fraction, not
greater than one, which is determined as follows:
(i) The numerator shall be:
The average aggregate, determined on a
quarterly basis, of the financial organization's
loans to banks in foreign countries, to foreign
domiciled borrowers (except where secured
primarily by real estate) and to foreign
governments and other foreign official
institutions, as reported for its branches,
agencies and offices within the state on its
"Consolidated Report of Condition", Schedule A,

Lines 2.c., 5.b., and 7.a., which was filed with
the Federal Deposit Insurance Corporation and
other regulatory authorities, for the year 1980,
minus
The average aggregate, determined on a
quarterly basis, of such loans (other than loans of
an international banking facility), as reported by
the financial institution for its branches,
agencies and offices within the state, on the
corresponding Schedule and lines of the
Consolidated Report of Condition for the current
taxable year, provided, however, that in no case
shall the amount determined in this clause (the
subtrahend) exceed the amount determined in the
preceding clause (the minuend); and
(ii) the denominator shall be the average
aggregate, determined on a quarterly basis, of the
international banking facility's loans to banks in
foreign countries, to foreign domiciled borrowers
(except where secured primarily by real estate)
and to foreign governments and other foreign
official institutions, which were recorded in its
financial accounts for the current taxable year.
(C) Change to Consolidated Report of Condition and
in Qualification. In the event the Consolidated Report
of Condition which is filed with the Federal Deposit

Insurance Corporation and other regulatory authorities
is altered so that the information required for
determining the floor amount is not found on Schedule
A, lines 2.c., 5.b. and 7.a., the financial institution
shall notify the Department and the Department may, by
regulations or otherwise, prescribe or authorize the
use of an alternative source for such information. The
financial institution shall also notify the Department
should its international banking facility fail to
qualify as such, in whole or in part, or should there
be any amendment or change to the Consolidated Report
of Condition, as originally filed, to the extent such
amendment or change alters the information used in
determining the floor amount.
(3) For taxable years ending on or after December 31,
2008, the business income of a financial organization shall
be apportioned to this State by multiplying such income by
a fraction, the numerator of which is its gross receipts
from sources in this State or otherwise attributable to
this State's marketplace and the denominator of which is
its gross receipts everywhere during the taxable year.
"Gross receipts" for purposes of this subparagraph (3)
means gross income, including net taxable gain on
disposition of assets, including securities and money
market instruments, when derived from transactions and
activities in the regular course of the financial

organization's trade or business. The following examples
are illustrative:
(i) Receipts from the lease or rental of real or
tangible personal property are in this State if the
property is located in this State during the rental
period. Receipts from the lease or rental of tangible
personal property that is characteristically moving
property, including, but not limited to, motor
vehicles, rolling stock, aircraft, vessels, or mobile
equipment are from sources in this State to the extent
that the property is used in this State.
(ii) Interest income, commissions, fees, gains on
disposition, and other receipts from assets in the
nature of loans that are secured primarily by real
estate or tangible personal property are from sources
in this State if the security is located in this State.
(iii) Interest income, commissions, fees, gains on
disposition, and other receipts from consumer loans
that are not secured by real or tangible personal
property are from sources in this State if the debtor
is a resident of this State.
(iv) Interest income, commissions, fees, gains on
disposition, and other receipts from commercial loans
and installment obligations that are not secured by
real or tangible personal property are from sources in
this State if the proceeds of the loan are to be

applied in this State. If it cannot be determined where
the funds are to be applied, the income and receipts
are from sources in this State if the office of the
borrower from which the loan was negotiated in the
regular course of business is located in this State. If
the location of this office cannot be determined, the
income and receipts shall be excluded from the
numerator and denominator of the sales factor.
(v) Interest income, fees, gains on disposition,
service charges, merchant discount income, and other
receipts from credit card receivables are from sources
in this State if the card charges are regularly billed
to a customer in this State.
(vi) Receipts from the performance of services,
including, but not limited to, fiduciary, advisory,
and brokerage services, are in this State if the
services are received in this State within the meaning
of subparagraph (a)(3)(C-5)(iv) of this Section.
(vii) Receipts from the issuance of travelers
checks and money orders are from sources in this State
if the checks and money orders are issued from a
location within this State.
(viii) Receipts from investment assets and
activities and trading assets and activities are
included in the receipts factor as follows:
(1) Interest, dividends, net gains (but not

less than zero) and other income from investment
assets and activities from trading assets and
activities shall be included in the receipts
factor. Investment assets and activities and
trading assets and activities include but are not
limited to: investment securities; trading account
assets; federal funds; securities purchased and
sold under agreements to resell or repurchase;
options; futures contracts; forward contracts;
notional principal contracts such as swaps;
equities; and foreign currency transactions. With
respect to the investment and trading assets and
activities described in subparagraphs (A) and (B)
of this paragraph, the receipts factor shall
include the amounts described in such
subparagraphs.
(A) The receipts factor shall include the
amount by which interest from federal funds
sold and securities purchased under resale
agreements exceeds interest expense on federal
funds purchased and securities sold under
repurchase agreements.
(B) The receipts factor shall include the
amount by which interest, dividends, gains and
other income from trading assets and
activities, including but not limited to

assets and activities in the matched book, in
the arbitrage book, and foreign currency
transactions, exceed amounts paid in lieu of
interest, amounts paid in lieu of dividends,
and losses from such assets and activities.
(2) The numerator of the receipts factor
includes interest, dividends, net gains (but not
less than zero), and other income from investment
assets and activities and from trading assets and
activities described in paragraph (1) of this
subsection that are attributable to this State.
(A) The amount of interest, dividends, net
gains (but not less than zero), and other
income from investment assets and activities
in the investment account to be attributed to
this State and included in the numerator is
determined by multiplying all such income from
such assets and activities by a fraction, the
numerator of which is the gross income from
such assets and activities which are properly
assigned to a fixed place of business of the
taxpayer within this State and the denominator
of which is the gross income from all such
assets and activities.
(B) The amount of interest from federal
funds sold and purchased and from securities

purchased under resale agreements and
securities sold under repurchase agreements
attributable to this State and included in the
numerator is determined by multiplying the
amount described in subparagraph (A) of
paragraph (1) of this subsection from such
funds and such securities by a fraction, the
numerator of which is the gross income from
such funds and such securities which are
properly assigned to a fixed place of business
of the taxpayer within this State and the
denominator of which is the gross income from
all such funds and such securities.
(C) The amount of interest, dividends,
gains, and other income from trading assets and
activities, including but not limited to
assets and activities in the matched book, in
the arbitrage book and foreign currency
transactions (but excluding amounts described
in subparagraphs (A) or (B) of this paragraph),
attributable to this State and included in the
numerator is determined by multiplying the
amount described in subparagraph (B) of
paragraph (1) of this subsection by a fraction,
the numerator of which is the gross income from
such trading assets and activities which are

properly assigned to a fixed place of business
of the taxpayer within this State and the
denominator of which is the gross income from
all such assets and activities.
(D) Properly assigned, for purposes of
this paragraph (2) of this subsection, means
the investment or trading asset or activity is
assigned to the fixed place of business with
which it has a preponderance of substantive
contacts. An investment or trading asset or
activity assigned by the taxpayer to a fixed
place of business without the State shall be
presumed to have been properly assigned if:
(i) the taxpayer has assigned, in the
regular course of its business, such asset
or activity on its records to a fixed place
of business consistent with federal or
state regulatory requirements;
(ii) such assignment on its records is
based upon substantive contacts of the
asset or activity to such fixed place of
business; and
(iii) the taxpayer uses such records
reflecting assignment of such assets or
activities for the filing of all state and
local tax returns for which an assignment

of such assets or activities to a fixed
place of business is required.
(E) The presumption of proper assignment
of an investment or trading asset or activity
provided in subparagraph (D) of paragraph (2)
of this subsection may be rebutted upon a
showing by the Department, supported by a
preponderance of the evidence, that the
preponderance of substantive contacts
regarding such asset or activity did not occur
at the fixed place of business to which it was
assigned on the taxpayer's records. If the
fixed place of business that has a
preponderance of substantive contacts cannot
be determined for an investment or trading
asset or activity to which the presumption in
subparagraph (D) of paragraph (2) of this
subsection does not apply or with respect to
which that presumption has been rebutted, that
asset or activity is properly assigned to the
state in which the taxpayer's commercial
domicile is located. For purposes of this
subparagraph (E), it shall be presumed,
subject to rebuttal, that taxpayer's
commercial domicile is in the state of the
United States or the District of Columbia to

which the greatest number of employees are
regularly connected with the management of the
investment or trading income or out of which
they are working, irrespective of where the
services of such employees are performed, as of
the last day of the taxable year.
(4) (Blank).
(5) (Blank).
(c-1) Federally regulated exchanges. For taxable years
ending on or after December 31, 2012, business income of a
federally regulated exchange shall, at the option of the
federally regulated exchange, be apportioned to this State by
multiplying such income by a fraction, the numerator of which
is its business income from sources within this State, and the
denominator of which is its business income from all sources.
For purposes of this subsection, the business income within
this State of a federally regulated exchange is the sum of the
following:
(1) Receipts attributable to transactions executed on
a physical trading floor if that physical trading floor is
located in this State.
(2) Receipts attributable to all other matching,
execution, or clearing transactions, including without
limitation receipts from the provision of matching,
execution, or clearing services to another entity,
multiplied by (i) for taxable years ending on or after

December 31, 2012 but before December 31, 2013, 63.77%; and
(ii) for taxable years ending on or after December 31,
2013, 27.54%.
(3) All other receipts not governed by subparagraphs
(1) or (2) of this subsection (c-1), to the extent the
receipts would be characterized as "sales in this State"
under item (3) of subsection (a) of this Section.
"Federally regulated exchange" means (i) a "registered
entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B),
or (C), (ii) an "exchange" or "clearing agency" within the
meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such
entities regulated under any successor regulatory structure to
the foregoing, and (iv) all taxpayers who are members of the
same unitary business group as a federally regulated exchange,
determined without regard to the prohibition in Section
1501(a)(27) of this Act against including in a unitary business
group taxpayers who are ordinarily required to apportion
business income under different subsections of this Section;
provided that this subparagraph (iv) shall apply only if 50% or
more of the business receipts of the unitary business group
determined by application of this subparagraph (iv) for the
taxable year are attributable to the matching, execution, or
clearing of transactions conducted by an entity described in
subparagraph (i), (ii), or (iii) of this paragraph.
In no event shall the Illinois apportionment percentage
computed in accordance with this subsection (c-1) for any

taxpayer for any tax year be less than the Illinois
apportionment percentage computed under this subsection (c-1)
for that taxpayer for the first full tax year ending on or
after December 31, 2013 for which this subsection (c-1) applied
to the taxpayer.
(d) Transportation services. For taxable years ending
before December 31, 2008, business income derived from
furnishing transportation services shall be apportioned to
this State in accordance with paragraphs (1) and (2):
(1) Such business income (other than that derived from
transportation by pipeline) shall be apportioned to this
State by multiplying such income by a fraction, the
numerator of which is the revenue miles of the person in
this State, and the denominator of which is the revenue
miles of the person everywhere. For purposes of this
paragraph, a revenue mile is the transportation of 1
passenger or 1 net ton of freight the distance of 1 mile
for a consideration. Where a person is engaged in the
transportation of both passengers and freight, the
fraction above referred to shall be determined by means of
an average of the passenger revenue mile fraction and the
freight revenue mile fraction, weighted to reflect the
person's
(A) relative railway operating income from total
passenger and total freight service, as reported to the
Interstate Commerce Commission, in the case of

transportation by railroad, and
(B) relative gross receipts from passenger and
freight transportation, in case of transportation
other than by railroad.
(2) Such business income derived from transportation
by pipeline shall be apportioned to this State by
multiplying such income by a fraction, the numerator of
which is the revenue miles of the person in this State, and
the denominator of which is the revenue miles of the person
everywhere. For the purposes of this paragraph, a revenue
mile is the transportation by pipeline of 1 barrel of oil,
1,000 cubic feet of gas, or of any specified quantity of
any other substance, the distance of 1 mile for a
consideration.
(3) For taxable years ending on or after December 31,
2008, business income derived from providing
transportation services other than airline services shall
be apportioned to this State by using a fraction, (a) the
numerator of which shall be (i) all receipts from any
movement or shipment of people, goods, mail, oil, gas, or
any other substance (other than by airline) that both
originates and terminates in this State, plus (ii) that
portion of the person's gross receipts from movements or
shipments of people, goods, mail, oil, gas, or any other
substance (other than by airline) that originates in one
state or jurisdiction and terminates in another state or

jurisdiction, that is determined by the ratio that the
miles traveled in this State bears to total miles
everywhere and (b) the denominator of which shall be all
revenue derived from the movement or shipment of people,
goods, mail, oil, gas, or any other substance (other than
by airline). Where a taxpayer is engaged in the
transportation of both passengers and freight, the
fraction above referred to shall first be determined
separately for passenger miles and freight miles. Then an
average of the passenger miles fraction and the freight
miles fraction shall be weighted to reflect the taxpayer's:
(A) relative railway operating income from total
passenger and total freight service, as reported to the
Surface Transportation Board, in the case of
transportation by railroad; and
(B) relative gross receipts from passenger and
freight transportation, in case of transportation
other than by railroad.
(4) For taxable years ending on or after December 31,
2008, business income derived from furnishing airline
transportation services shall be apportioned to this State
by multiplying such income by a fraction, the numerator of
which is the revenue miles of the person in this State, and
the denominator of which is the revenue miles of the person
everywhere. For purposes of this paragraph, a revenue mile
is the transportation of one passenger or one net ton of

freight the distance of one mile for a consideration. If a
person is engaged in the transportation of both passengers
and freight, the fraction above referred to shall be
determined by means of an average of the passenger revenue
mile fraction and the freight revenue mile fraction,
weighted to reflect the person's relative gross receipts
from passenger and freight airline transportation.
(e) Combined apportionment. Where 2 or more persons are
engaged in a unitary business as described in subsection
(a)(27) of Section 1501, a part of which is conducted in this
State by one or more members of the group, the business income
attributable to this State by any such member or members shall
be apportioned by means of the combined apportionment method.
(f) Alternative allocation. If the allocation and
apportionment provisions of subsections (a) through (e) and of
subsection (h) do not, for taxable years ending before December
31, 2008, fairly represent the extent of a person's business
activity in this State, or, for taxable years ending on or
after December 31, 2008, fairly represent the market for the
person's goods, services, or other sources of business income,
the person may petition for, or the Director may, without a
petition, permit or require, in respect of all or any part of
the person's business activity, if reasonable:
(1) Separate accounting;
(2) The exclusion of any one or more factors;
(3) The inclusion of one or more additional factors

which will fairly represent the person's business
activities or market in this State; or
(4) The employment of any other method to effectuate an
equitable allocation and apportionment of the person's
business income.
(g) Cross reference. For allocation of business income by
residents, see Section 301(a).
(h) For tax years ending on or after December 31, 1998, the
apportionment factor of persons who apportion their business
income to this State under subsection (a) shall be equal to:
(1) for tax years ending on or after December 31, 1998
and before December 31, 1999, 16 2/3% of the property
factor plus 16 2/3% of the payroll factor plus 66 2/3% of
the sales factor;
(2) for tax years ending on or after December 31, 1999
and before December 31, 2000, 8 1/3% of the property factor
plus 8 1/3% of the payroll factor plus 83 1/3% of the sales
factor;
(3) for tax years ending on or after December 31, 2000,
the sales factor.
If, in any tax year ending on or after December 31, 1998 and
before December 31, 2000, the denominator of the payroll,
property, or sales factor is zero, the apportionment factor
computed in paragraph (1) or (2) of this subsection for that
year shall be divided by an amount equal to 100% minus the
percentage weight given to each factor whose denominator is

equal to zero.
(Source: P.A. 97-507, eff. 8-23-11; 97-636, eff. 6-1-12;
98-478, eff. 1-1-14; 98-496, eff. 1-1-14; 98-756, eff. 7-16-14;
revised 10-19-15.)
(35 ILCS 5/507DDD)
Sec. 507DDD. Special Olympics Illinois and Special
Children's Checkoff. For taxable years beginning on or after
January 1, 2015, the Department shall print on its standard
individual income tax form a provision indicating that if the
taxpayer wishes to contribute to the Special Olympics Illinois
and Special Children's Charities Checkoff Fund as authorized by
Public Act 99-423 this amendatory Act of the 99th General
Assembly, he or she may do so by stating the amount of the
contribution (not less than $1) on the return and that the
contribution will reduce the taxpayer's refund or increase the
amount of payment to accompany the return. Failure to remit any
amount of increased payment shall reduce the contribution
accordingly. This Section shall not apply to an amended return.
For the purpose of this Section, the Department of Revenue must
distribute the moneys as provided in subsection 21.9(b) of the
Illinois Lottery Law: (i) 75% of the moneys to Special Olympics
Illinois to support the statewide training, competitions, and
programs for future Special Olympics athletes; and (ii) 25% of
the moneys to Special Children's Charities to support the City
of Chicago-wide training, competitions, and programs for

future Special Olympics athletes.
(Source: P.A. 99-423, eff. 8-20-15; revised 10-20-15.)
Section 160. The Service Use Tax Act is amended by changing
Section 3-10 as follows:
(35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the selling price of tangible personal property transferred as
an incident to the sale of service, but, for the purpose of
computing this tax, in no event shall the selling price be less
than the cost price of the property to the serviceman.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the selling price
of property transferred as an incident to the sale of service
on or after January 1, 1990, and before July 1, 2003, (ii) 80%
of the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018, and (iii) 100% of the selling price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at

the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.
With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 but

applies to 100% of the selling price thereafter.
At the election of any registered serviceman 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 tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred as an
incident to the sale of those services.
The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
Act, the Specialized Mental Health Rehabilitation Act of 2013,
or the Child Care Act of 1969. The tax shall also be imposed at
the rate of 1% on food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption and is not otherwise
included in this paragraph) and prescription and
nonprescription medicines, drugs, medical appliances,
modifications to a motor vehicle for the purpose of rendering
it usable by a person with a disability, and insulin, urine

testing materials, syringes, and needles used by diabetics, for
human use. For the purposes of this Section, until September 1,
2009: the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including but not limited to soda water, cola, fruit juice,
vegetable juice, carbonated water, and all other preparations
commonly known as soft drinks of whatever kind or description
that are contained in any closed or sealed bottle, can, carton,
or container, regardless of size; but "soft drinks" does not
include coffee, tea, non-carbonated water, infant formula,
milk or milk products as defined in the Grade A Pasteurized
Milk and Milk Products Act, or drinks containing 50% or more
natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of

this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"

label includes:
(A) A "Drug Facts" panel; or
(B) A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Pilot Program Act.
If the property that is acquired from a serviceman is
acquired outside Illinois and used outside Illinois before
being brought to Illinois for use here and is taxable under
this Act, the "selling price" on which the tax is computed
shall be reduced by an amount that represents a reasonable
allowance for depreciation for the period of prior out-of-state
use.
(Source: P.A. 98-104, eff. 7-22-13; 98-122, eff. 1-1-14;
98-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-180, eff.
7-29-15; revised 10-16-15.)
Section 165. The Service Occupation Tax Act is amended by
changing Section 3-10 as follows:
(35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this

Section, the tax imposed by this Act is at the rate of 6.25% of
the "selling price", as defined in Section 2 of the Service Use
Tax Act, of the tangible personal property. For the purpose of
computing this tax, in no event shall the "selling price" be
less than the cost price to the serviceman of the tangible
personal property transferred. The selling price of each item
of tangible personal property transferred as an incident of a
sale of service may be shown as a distinct and separate item on
the serviceman's billing to the service customer. If the
selling price is not so shown, the selling price of the
tangible personal property is deemed to be 50% of the
serviceman's entire billing to the service customer. When,
however, a serviceman contracts to design, develop, and produce
special order machinery or equipment, the tax imposed by this
Act shall be based on the serviceman's cost price of the
tangible personal property transferred incident to the
completion of the contract.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act shall apply to (i) 70% of the cost
price of property transferred as an incident to the sale of
service on or after January 1, 1990, and before July 1, 2003,
(ii) 80% of the selling price of property transferred as an

incident to the sale of service on or after July 1, 2003 and on
or before December 31, 2018, and (iii) 100% of the cost price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.
With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with

more than 10% but no more than 99% biodiesel material, the tax
imposed by this Act does not apply to the proceeds of the
selling price of property transferred as an incident to the
sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.
At the election of any registered serviceman 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 tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred incident to
the sale of those services.
The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
Act, the Specialized Mental Health Rehabilitation Act of 2013,
or the Child Care Act of 1969. The tax shall also be imposed at
the rate of 1% on food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been

prepared for immediate consumption and is not otherwise
included in this paragraph) and prescription and
nonprescription medicines, drugs, medical appliances,
modifications to a motor vehicle for the purpose of rendering
it usable by a person with a disability, and insulin, urine
testing materials, syringes, and needles used by diabetics, for
human use. For the purposes of this Section, until September 1,
2009: the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including but not limited to soda water, cola, fruit juice,
vegetable juice, carbonated water, and all other preparations
commonly known as soft drinks of whatever kind or description
that are contained in any closed or sealed can, carton, or
container, regardless of size; but "soft drinks" does not
include coffee, tea, non-carbonated water, infant formula,
milk or milk products as defined in the Grade A Pasteurized
Milk and Milk Products Act, or drinks containing 50% or more
natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to

be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by

prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
label includes:
(A) A "Drug Facts" panel; or
(B) A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Pilot Program Act.
(Source: P.A. 98-104, eff. 7-22-13; 98-122, eff. 1-1-14;
98-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-180, eff.
7-29-15; revised 10-16-15.)
Section 170. The Property Tax Code is amended by changing
Sections 9-195, 15-168, 15-169, 15-172, and 15-175 as follows:
(35 ILCS 200/9-195)
Sec. 9-195. Leasing of exempt property.
(a) Except as provided in Sections 15-35, 15-55, 15-60,
15-100, 15-103, 15-160, and 15-185, when property which is

exempt from taxation is leased to another whose property is not
exempt, and the leasing of which does not make the property
taxable, the leasehold estate and the appurtenances shall be
listed as the property of the lessee thereof, or his or her
assignee. Taxes on that property shall be collected in the same
manner as on property that is not exempt, and the lessee shall
be liable for those taxes. However, no tax lien shall attach to
the exempt real estate. The changes made by Public Act 90-562
this amendatory Act of 1997 and by Public Act 91-513 this
amendatory Act of the 91st General Assembly are declaratory of
existing law and shall not be construed as a new enactment. The
changes made by Public Acts 88-221 and 88-420 that are
incorporated into this Section by Public Act 88-670 this
amendatory Act of 1993 are declarative of existing law and are
not a new enactment.
(b) The provisions of this Section regarding taxation of
leasehold interests in exempt property do not apply to any
leasehold interest created pursuant to any transaction
described in subsection (e) of Section 15-35, subsection (c-5)
of Section 15-60, subsection (b) of Section 15-100, Section
15-103, Section 15-160, or Section 15-185 of this Code , or
Section 6c of the Downstate Forest Preserve District Act.
(Source: P.A. 99-219, eff. 7-31-15; revised 10-20-15.)
(35 ILCS 200/15-168)
Sec. 15-168. Homestead exemption for persons with

disabilities.
(a) Beginning with taxable year 2007, an annual homestead
exemption is granted to persons with disabilities in the amount
of $2,000, except as provided in subsection (c), to be deducted
from the property's value as equalized or assessed by the
Department of Revenue. The person with a disability shall
receive the homestead exemption upon meeting the following
requirements:
(1) The property must be occupied as the primary
residence by the person with a disability.
(2) The person with a disability must be liable for
paying the real estate taxes on the property.
(3) The person with a disability must be an owner of
record of the property or have a legal or equitable
interest in the property as evidenced by a written
instrument. In the case of a leasehold interest in
property, the lease must be for a single family residence.
A person who has a disability during the taxable year is
eligible to apply for this homestead exemption during that
taxable year. Application must be made during the application
period in effect for the county of residence. If a homestead
exemption has been granted under this Section and the person
awarded the exemption subsequently becomes a resident of a
facility licensed under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, or the MC/DD Act, then the exemption shall

continue (i) so long as the residence continues to be occupied
by the qualifying person's spouse or (ii) if the residence
remains unoccupied but is still owned by the person qualified
for the homestead exemption.
(b) For the purposes of this Section, "person with a
disability" means a person unable to engage in any substantial
gainful activity by reason of a medically determinable physical
or mental impairment which can be expected to result in death
or has lasted or can be expected to last for a continuous
period of not less than 12 months. Persons with disabilities
filing claims under this Act shall submit proof of disability
in such form and manner as the Department shall by rule and
regulation prescribe. Proof that a claimant is eligible to
receive disability benefits under the Federal Social Security
Act shall constitute proof of disability for purposes of this
Act. Issuance of an Illinois Person with a Disability
Identification Card stating that the claimant is under a Class
2 disability, as defined in Section 4A of the Illinois
Identification Card Act, shall constitute proof that the person
named thereon is a person with a disability for purposes of
this Act. A person with a disability not covered under the
Federal Social Security Act and not presenting an Illinois
Person with a Disability Identification Card stating that the
claimant is under a Class 2 disability shall be examined by a
physician designated by the Department, and his status as a
person with a disability determined using the same standards as

used by the Social Security Administration. The costs of any
required examination shall be borne by the claimant.
(c) For land improved with (i) an apartment building owned
and operated as a cooperative or (ii) a life care facility as
defined under Section 2 of the Life Care Facilities Act that is
considered to be a cooperative, the maximum reduction from the
value of the property, as equalized or assessed by the
Department, shall be multiplied by the number of apartments or
units occupied by a person with a disability. The person with a
disability shall receive the homestead exemption upon meeting
the following requirements:
(1) The property must be occupied as the primary
residence by the person with a disability.
(2) The person with a disability must be liable by
contract with the owner or owners of record for paying the
apportioned property taxes on the property of the
cooperative or life care facility. In the case of a life
care facility, the person with a disability must be liable
for paying the apportioned property taxes under a life care
contract as defined in Section 2 of the Life Care
Facilities Act.
(3) The person with a disability must be an owner of
record of a legal or equitable interest in the cooperative
apartment building. A leasehold interest does not meet this
requirement.
If a homestead exemption is granted under this subsection, the

cooperative association or management firm shall credit the
savings resulting from the exemption to the apportioned tax
liability of the qualifying person with a disability. The chief
county assessment officer may request reasonable proof that the
association or firm has properly credited the exemption. A
person who willfully refuses to credit an exemption to the
qualified person with a disability is guilty of a Class B
misdemeanor.
(d) The chief county assessment officer shall determine the
eligibility of property to receive the homestead exemption
according to guidelines established by the Department. After a
person has received an exemption under this Section, an annual
verification of eligibility for the exemption shall be mailed
to the taxpayer.
In counties with fewer than 3,000,000 inhabitants, the
chief county assessment officer shall provide to each person
granted a homestead exemption under this Section a form to
designate any other person to receive a duplicate of any notice
of delinquency in the payment of taxes assessed and levied
under this Code on the person's qualifying property. The
duplicate notice shall be in addition to the notice required to
be provided to the person receiving the exemption and shall be
given in the manner required by this Code. The person filing
the request for the duplicate notice shall pay an
administrative fee of $5 to the chief county assessment
officer. The assessment officer shall then file the executed

designation with the county collector, who shall issue the
duplicate notices as indicated by the designation. A
designation may be rescinded by the person with a disability in
the manner required by the chief county assessment officer.
(e) A taxpayer who claims an exemption under Section 15-165
or 15-169 may not claim an exemption under this Section.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
99-180, eff. 7-29-15; revised 10-20-15.)
(35 ILCS 200/15-169)
Sec. 15-169. Homestead exemption for veterans with
disabilities.
(a) Beginning with taxable year 2007, an annual homestead
exemption, limited to the amounts set forth in subsections (b)
and (b-3), is granted for property that is used as a qualified
residence by a veteran with a disability.
(b) For taxable years prior to 2015, the amount of the
exemption under this Section is as follows:
(1) for veterans with a service-connected disability
of at least (i) 75% for exemptions granted in taxable years
2007 through 2009 and (ii) 70% for exemptions granted in
taxable year 2010 and each taxable year thereafter, as
certified by the United States Department of Veterans
Affairs, the annual exemption is $5,000; and
(2) for veterans with a service-connected disability
of at least 50%, but less than (i) 75% for exemptions

granted in taxable years 2007 through 2009 and (ii) 70% for
exemptions granted in taxable year 2010 and each taxable
year thereafter, as certified by the United States
Department of Veterans Affairs, the annual exemption is
$2,500.
(b-3) For taxable years 2015 and thereafter:
(1) if the veteran has a service connected disability
of 30% or more but less than 50%, as certified by the
United States Department of Veterans Affairs, then the
annual exemption is $2,500;
(2) if the veteran has a service connected disability
of 50% or more but less than 70%, as certified by the
United States Department of Veterans Affairs, then the
annual exemption is $5,000; and
(3) if the veteran has a service connected disability
of 70% or more, as certified by the United States
Department of Veterans Affairs, then the property is exempt
from taxation under this Code.
(b-5) If a homestead exemption is granted under this
Section and the person awarded the exemption subsequently
becomes a resident of a facility licensed under the Nursing
Home Care Act or a facility operated by the United States
Department of Veterans Affairs, then the exemption shall
continue (i) so long as the residence continues to be occupied
by the qualifying person's spouse or (ii) if the residence
remains unoccupied but is still owned by the person who

qualified for the homestead exemption.
(c) The tax exemption under this Section carries over to
the benefit of the veteran's surviving spouse as long as the
spouse holds the legal or beneficial title to the homestead,
permanently resides thereon, and does not remarry. If the
surviving spouse sells the property, an exemption not to exceed
the amount granted from the most recent ad valorem tax roll may
be transferred to his or her new residence as long as it is
used as his or her primary residence and he or she does not
remarry.
(c-1) Beginning with taxable year 2015, nothing in this
Section shall require the veteran to have qualified for or
obtained the exemption before death if the veteran was killed
in the line of duty.
(d) The exemption under this Section applies for taxable
year 2007 and thereafter. A taxpayer who claims an exemption
under Section 15-165 or 15-168 may not claim an exemption under
this Section.
(e) Each taxpayer who has been granted an exemption under
this Section must reapply on an annual basis. Application must
be made during the application period in effect for the county
of his or her residence. The assessor or chief county
assessment officer may determine the eligibility of
residential property to receive the homestead exemption
provided by this Section by application, visual inspection,
questionnaire, or other reasonable methods. The determination

must be made in accordance with guidelines established by the
Department.
(f) For the purposes of this Section:
"Qualified residence" means real property, but less any
portion of that property that is used for commercial purposes,
with an equalized assessed value of less than $250,000 that is
the primary residence of a veteran with a disability. Property
rented for more than 6 months is presumed to be used for
commercial purposes.
"Veteran" means an Illinois resident who has served as a
member of the United States Armed Forces on active duty or
State active duty, a member of the Illinois National Guard, or
a member of the United States Reserve Forces and who has
received an honorable discharge.
(Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15;
99-375, eff. 8-17-15; revised 10-9-15.)
(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; and
(5) $55,000 in taxable year 2008 and thereafter.
"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 stating the nature and extent of the
condition, that, in the physician'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 stating the nature and extent of the condition, and
that, in the physician'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.
(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. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
99-180, eff. 7-29-15; revised 10-21-15.)
(35 ILCS 200/15-175)
Sec. 15-175. General homestead exemption.

(a) Except as provided in Sections 15-176 and 15-177,
homestead property is entitled to an annual homestead exemption
limited, except as described here with relation to
cooperatives, to a reduction in the equalized assessed value of
homestead property equal to the increase in equalized assessed
value for the current assessment year above the equalized
assessed value of the property for 1977, up to the maximum
reduction set forth below. If however, the 1977 equalized
assessed value upon which taxes were paid is subsequently
determined by local assessing officials, the Property Tax
Appeal Board, or a court to have been excessive, the equalized
assessed value which should have been placed on the property
for 1977 shall be used to determine the amount of the
exemption.
(b) Except as provided in Section 15-176, the maximum
reduction before taxable year 2004 shall be $4,500 in counties
with 3,000,000 or more inhabitants and $3,500 in all other
counties. Except as provided in Sections 15-176 and 15-177, for
taxable years 2004 through 2007, the maximum reduction shall be
$5,000, for taxable year 2008, the maximum reduction is $5,500,
and, for taxable years 2009 through 2011, the maximum reduction
is $6,000 in all counties. For taxable years 2012 and
thereafter, the maximum reduction is $7,000 in counties with
3,000,000 or more inhabitants and $6,000 in all other counties.
If a county has elected to subject itself to the provisions of
Section 15-176 as provided in subsection (k) of that Section,

then, for the first taxable year only after the provisions of
Section 15-176 no longer apply, for owners who, for the taxable
year, have not been granted a senior citizens assessment freeze
homestead exemption under Section 15-172 or a long-time
occupant homestead exemption under Section 15-177, there shall
be an additional exemption of $5,000 for owners with a
household income of $30,000 or less.
(c) In counties with fewer than 3,000,000 inhabitants, if,
based on the most recent assessment, the equalized assessed
value of the homestead property for the current assessment year
is greater than the equalized assessed value of the property
for 1977, the owner of the property shall automatically receive
the exemption granted under this Section in an amount equal to
the increase over the 1977 assessment up to the maximum
reduction set forth in this Section.
(d) If in any assessment year beginning with the 2000
assessment year, homestead property has a pro-rata valuation
under Section 9-180 resulting in an increase in the assessed
valuation, a reduction in equalized assessed valuation equal to
the increase in equalized assessed value of the property for
the year of the pro-rata valuation above the equalized assessed
value of the property for 1977 shall be applied to the property
on a proportionate basis for the period the property qualified
as homestead property during the assessment year. The maximum
proportionate homestead exemption shall not exceed the maximum
homestead exemption allowed in the county under this Section

divided by 365 and multiplied by the number of days the
property qualified as homestead property.
(e) The chief county assessment officer may, when
considering whether to grant a leasehold exemption under this
Section, require the following conditions to be met:
(1) that a notarized application for the exemption,
signed by both the owner and the lessee of the property,
must be submitted each year during the application period
in effect for the county in which the property is located;
(2) that a copy of the lease must be filed with the
chief county assessment officer by the owner of the
property at the time the notarized application is
submitted;
(3) that the lease must expressly state that the lessee
is liable for the payment of property taxes; and
(4) that the lease must include the following language
in substantially the following form:
"Lessee shall be liable for the payment of real
estate taxes with respect to the residence in
accordance with the terms and conditions of Section
15-175 of the Property Tax Code (35 ILCS 200/15-175).
The permanent real estate index number for the premises
is (insert number), and, according to the most recent
property tax bill, the current amount of real estate
taxes associated with the premises is (insert amount)
per year. The parties agree that the monthly rent set

forth above shall be increased or decreased pro rata
(effective January 1 of each calendar year) to reflect
any increase or decrease in real estate taxes. Lessee
shall be deemed to be satisfying Lessee's liability for
the above mentioned real estate taxes with the monthly
rent payments as set forth above (or increased or
decreased as set forth herein).".
In addition, if there is a change in lessee, or if the
lessee vacates the property, then the chief county assessment
officer may require the owner of the property to notify the
chief county assessment officer of that change.
This subsection (e) does not apply to leasehold interests
in property owned by a municipality.
(f) "Homestead property" under this Section includes
residential property that is occupied by its owner or owners as
his or their principal dwelling place, or that is a leasehold
interest on which a single family residence is situated, which
is occupied as a residence by a person who has an ownership
interest therein, legal or equitable or as a lessee, and on
which the person is liable for the payment of property taxes.
For land improved with an apartment building owned and operated
as a cooperative or a building which is a life care facility as
defined in Section 15-170 and considered to be a cooperative
under Section 15-170, the maximum reduction from the equalized
assessed value shall be limited to the increase in the value
above the equalized assessed value of the property for 1977, up

to the maximum reduction set forth above, multiplied by the
number of apartments or units occupied by a person or persons
who is liable, by contract with the owner or owners of record,
for paying property taxes on the property and is an owner of
record of a legal or equitable interest in the cooperative
apartment building, other than a leasehold interest. For
purposes of this Section, the term "life care facility" has the
meaning stated in Section 15-170.
"Household", as used in this Section, means the owner, the
spouse of the owner, and all persons using the residence of the
owner as their principal place of residence.
"Household income", as used in this Section, means the
combined income of the members of a household for the calendar
year preceding the taxable year.
"Income", as used in this Section, has the same meaning as
provided in Section 3.07 of the Senior Citizens and Persons
with Disabilities Property Tax Relief Act, except that "income"
does not include veteran's benefits.
(g) In a cooperative where a homestead exemption has been
granted, the cooperative association or its management firm
shall credit the savings resulting from that exemption only to
the apportioned tax liability of the owner who qualified for
the exemption. Any person who willfully refuses to so credit
the savings shall be guilty of a Class B misdemeanor.
(h) Where married persons maintain and reside in separate
residences qualifying as homestead property, each residence

shall receive 50% of the total reduction in equalized assessed
valuation provided by this Section.
(i) In all counties, the assessor or chief county
assessment officer may determine the eligibility of
residential property to receive the homestead exemption and the
amount of the exemption by application, visual inspection,
questionnaire or other reasonable methods. The determination
shall be made in accordance with guidelines established by the
Department, provided that the taxpayer applying for an
additional general exemption under this Section shall submit to
the chief county assessment officer an application with an
affidavit of the applicant's total household income, age,
marital status (and, if married, the name and address of the
applicant's spouse, if known), and principal dwelling place of
members of the household on January 1 of the taxable year. The
Department shall issue guidelines establishing a method for
verifying the accuracy of the affidavits filed by applicants
under this paragraph. The applications shall be clearly marked
as applications for the Additional General Homestead
Exemption.
(i-5) This subsection (i-5) applies to counties with
3,000,000 or more inhabitants. In the event of a sale of
homestead property, the homestead exemption shall remain in
effect for the remainder of the assessment year of the sale.
Upon receipt of a transfer declaration transmitted by the
recorder pursuant to Section 31-30 of the Real Estate Transfer

Tax Law for property receiving an exemption under this Section,
the assessor shall mail a notice and forms to the new owner of
the property providing information pertaining to the rules and
applicable filing periods for applying or reapplying for
homestead exemptions under this Code for which the property may
be eligible. If the new owner fails to apply or reapply for a
homestead exemption during the applicable filing period or the
property no longer qualifies for an existing homestead
exemption, the assessor shall cancel such exemption for any
ensuing assessment year.
(j) In counties with fewer than 3,000,000 inhabitants, in
the event of a sale of homestead property the homestead
exemption shall remain in effect for the remainder of the
assessment year of the sale. The assessor or chief county
assessment officer may require the new owner of the property to
apply for the homestead exemption for the following assessment
year.
(k) Notwithstanding Sections 6 and 8 of the State Mandates
Act, no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 98-7, eff. 4-23-13; 98-463, eff. 8-16-13; 99-143,
eff. 7-27-15; 99-164, eff. 7-28-15; revised 8-25-15.)
Section 175. The Electricity Excise Tax Law is amended by
changing Section 2-10 as follows:

(35 ILCS 640/2-10)
Sec. 2-10. Election and registration to be self-assessing
purchaser. Any purchaser for non-residential electric use may
elect to register with the Department as a self-assessing
purchaser and to pay the tax imposed by Section 2-4 directly to
the Department, at the rate stated in that Section for
self-assessing purchasers, rather than paying the tax to such
purchaser's delivering supplier. The election by a purchaser to
register as a self-assessing purchaser may not be revoked by
the purchaser for at least 2 years thereafter. A purchaser who
revokes his or her registration as a self-assessing purchaser
shall not thereafter be permitted to register as a
self-assessing purchaser within the succeeding 2 years. A
self-assessing purchaser shall renew his or her registration
every 2 years, or the registration shall be deemed to be
revoked.
Application for a certificate of registration as a
self-assessing purchaser shall be made to the Department upon
forms furnished by the Department and shall contain any
reasonable information the Department may require. The
self-assessing purchaser shall be required to disclose the name
of the delivering supplier or suppliers and each account
numbers for which the self-assessing purchaser elects to pay
the tax imposed by Section 2-4 directly to the Department. Upon
receipt of the application for a certificate of registration in
proper form and payment of a an non-refundable biennial fee of

$200, the Department shall issue to the applicant a certificate
of registration that permits the person to whom it was issued
to pay the tax incurred under this Law directly to the
Department for a period of 2 years. The Department shall notify
the delivering supplier or suppliers that the applicant has
been registered as a self-assessing purchaser for the accounts
listed by the self-assessing purchaser. A certificate of
registration under this Section shall be renewed upon
application and payment of a non-refundable biennial $200 fee,
subject to revocation as provided by this Law, for additional
2-year periods from the date of its expiration unless otherwise
notified by the Department.
Upon notification by the Department that an applicant has
been registered as a self-assessing purchaser, the delivering
supplier is no longer required to collect the tax imposed by
this Act for the accounts specifically listed by the
self-assessing purchaser, until the delivering supplier is
notified by the Department as set forth below that the
self-assessing purchaser's certificate of registration has
been expired, revoked, or denied.
The Department may deny a certificate of registration to
any applicant if 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 self-assessing purchaser that is in default for

moneys due under this Law.
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 Law 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. Upon the expiration, revocation, or
denial of a certificate of registration as a self-assessing
purchaser, the Department of Revenue shall provide written
notice of the expiration, revocation, or denial of the
certificate to the self-assessing purchaser's delivering
supplier or suppliers.
(Source: P.A. 90-561, eff. 8-1-98; 90-624, eff. 7-10-98;
revised 10-13-15.)
Section 180. The Illinois Pension Code is amended by
changing Sections 7-172.1 and 16-152 as follows:
(40 ILCS 5/7-172.1) (from Ch. 108 1/2, par. 7-172.1)
Sec. 7-172.1. Actions to enforce payments by
municipalities and instrumentalities.
(a) If any participating municipality or participating

instrumentality fails to transmit to the Fund contributions
required of it under this Article or contributions collected by
it from its participating employees for the purposes of this
Article for more than 60 days after the payment of such
contributions is due, the Fund, after giving notice to such
municipality or instrumentality, may certify to the State
Comptroller the amounts of such delinquent payments in
accordance with any applicable rules of the Comptroller, and
the Comptroller shall deduct the amounts so certified or any
part thereof from any payments of State funds to the
municipality or instrumentality involved and shall remit the
amount so deducted to the Fund. If State funds from which such
deductions may be made are not available, the Fund may proceed
against the municipality or instrumentality to recover the
amounts of such delinquent payments in the appropriate circuit
court.
(b) If any participating municipality fails to transmit to
the Fund contributions required of it under this Article or
contributions collected by it from its participating employees
for the purposes of this Article for more than 60 days after
the payment of such contributions is due, the Fund, after
giving notice to such municipality, may certify the fact of
such delinquent payment to the county treasurer of the county
in which such municipality is located, who shall thereafter
remit the amounts collected from the tax levied by the
municipality under Section 7-171 directly to the Fund.

(c) If reports furnished to the Fund by the municipality or
instrumentality involved are inadequate for the computation of
the amounts of such delinquent payments, the Fund may provide
for such audit of the records of the municipality or
instrumentality as may be required to establish the amounts of
such delinquent payments. The municipality or instrumentality
shall make its records available to the Fund for the purpose of
such audit. The cost of such audit shall be added to the amount
of the delinquent payments and shall be recovered by the Fund
from the municipality or instrumentality at the same time and
in the same manner as the delinquent payments are recovered.
(Source: P.A. 99-8, eff. 7-9-15; 99-239, eff. 8-3-15; revised
10-8-15.)
(40 ILCS 5/16-152) (from Ch. 108 1/2, par. 16-152)
(Text of Section WITH the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 16-152. Contributions by members.
(a) Except as provided in subsection (a-5), each member
shall make contributions for membership service to this System
as follows:
(1) Effective July 1, 1998, contributions of 7.50% of
salary towards the cost of the retirement annuity. Such
contributions shall be deemed "normal contributions".
(2) Effective July 1, 1969 and, in the case of Tier 1
members, ending on June 30, 2014, contributions of 1/2 of

1% of salary toward the cost of the automatic annual
increase in retirement annuity provided under Section
16-133.1.
(3) Effective July 24, 1959, contributions of 1% of
salary towards the cost of survivor benefits. Such
contributions shall not be credited to the individual
account of the member and shall not be subject to refund
except as provided under Section 16-143.2.
(4) Effective July 1, 2005, contributions of 0.40% of
salary toward the cost of the early retirement without
discount option provided under Section 16-133.2. This
contribution shall cease upon termination of the early
retirement without discount option as provided in Section
16-133.2.
(a-5) Beginning July 1, 2014, in lieu of the contribution
otherwise required under paragraph (1) of subsection (a), each
Tier 1 member shall contribute 7% of salary towards the cost of
the retirement annuity. Contributions made pursuant to this
subsection (a-5) shall be deemed "normal contributions".
(b) The minimum required contribution for any year of
full-time teaching service shall be $192.
(c) Contributions shall not be required of any annuitant
receiving a retirement annuity who is given employment as
permitted under Section 16-118 or 16-150.1.
(d) A person who (i) was a member before July 1, 1998, (ii)
retires with more than 34 years of creditable service, and

(iii) does not elect to qualify for the augmented rate under
Section 16-129.1 shall be entitled, at the time of retirement,
to receive a partial refund of contributions made under this
Section for service occurring after the later of June 30, 1998
or attainment of 34 years of creditable service, in an amount
equal to 1.00% of the salary upon which those contributions
were based.
(e) A member's contributions toward the cost of early
retirement without discount made under item (a)(4) of this
Section shall not be refunded if the member has elected early
retirement without discount under Section 16-133.2 and has
begun to receive a retirement annuity under this Article
calculated in accordance with that election. Otherwise, a
member's contributions toward the cost of early retirement
without discount made under item (a)(4) of this Section shall
be refunded according to whichever one of the following
circumstances occurs first:
(1) The contributions shall be refunded to the member,
without interest, within 120 days after the member's
retirement annuity commences, if the member does not elect
early retirement without discount under Section 16-133.2.
(2) The contributions shall be included, without
interest, in any refund claimed by the member under Section
16-151.
(3) The contributions shall be refunded to the member's
designated beneficiary (or if there is no beneficiary, to

the member's estate), without interest, if the member dies
without having begun to receive a retirement annuity under
this Article.
(4) The contributions shall be refunded to the member,
without interest, if the early retirement without discount
option provided under subsection (d) of Section 16-133.2 is
terminated. In that event, the System shall provide to the
member, within 120 days after the option is terminated, an
application for a refund of those contributions.
(Source: P.A. 98-42, eff. 6-28-13; 98-92, eff. 7-16-13; 98-599,
eff. 6-1-14.)
(Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 16-152. Contributions by members.
(a) Each member shall make contributions for membership
service to this System as follows:
(1) Effective July 1, 1998, contributions of 7.50% of
salary towards the cost of the retirement annuity. Such
contributions shall be deemed "normal contributions".
(2) Effective July 1, 1969, contributions of 1/2 of 1%
of salary toward the cost of the automatic annual increase
in retirement annuity provided under Section 16-133.1.
(3) Effective July 24, 1959, contributions of 1% of
salary towards the cost of survivor benefits. Such
contributions shall not be credited to the individual

account of the member and shall not be subject to refund
except as provided under Section 16-143.2.
(4) Effective July 1, 2005, contributions of 0.40% of
salary toward the cost of the early retirement without
discount option provided under Section 16-133.2. This
contribution shall cease upon termination of the early
retirement without discount option as provided in Section
16-133.2.
(b) The minimum required contribution for any year of
full-time teaching service shall be $192.
(c) Contributions shall not be required of any annuitant
receiving a retirement annuity who is given employment as
permitted under Section 16-118 or 16-150.1.
(d) A person who (i) was a member before July 1, 1998, (ii)
retires with more than 34 years of creditable service, and
(iii) does not elect to qualify for the augmented rate under
Section 16-129.1 shall be entitled, at the time of retirement,
to receive a partial refund of contributions made under this
Section for service occurring after the later of June 30, 1998
or attainment of 34 years of creditable service, in an amount
equal to 1.00% of the salary upon which those contributions
were based.
(e) A member's contributions toward the cost of early
retirement without discount made under item (a)(4) of this
Section shall not be refunded if the member has elected early
retirement without discount under Section 16-133.2 and has

begun to receive a retirement annuity under this Article
calculated in accordance with that election. Otherwise, a
member's contributions toward the cost of early retirement
without discount made under item (a)(4) of this Section shall
be refunded according to whichever one of the following
circumstances occurs first:
(1) The contributions shall be refunded to the member,
without interest, within 120 days after the member's
retirement annuity commences, if the member does not elect
early retirement without discount under Section 16-133.2.
(2) The contributions shall be included, without
interest, in any refund claimed by the member under Section
16-151.
(3) The contributions shall be refunded to the member's
designated beneficiary (or if there is no beneficiary, to
the member's estate), without interest, if the member dies
without having begun to receive a retirement annuity under
this Article.
(4) The contributions shall be refunded to the member,
without interest, if the early retirement without discount
option provided under subsection (d) of Section 16-133.2 is
terminated. In that event, the System shall provide to the
member, within 120 days after the option is terminated, an
application for a refund of those contributions.
(Source: P.A. 98-42, eff. 6-28-13; 98-92, eff. 7-16-13; revised
7-23-13.)

Section 185. The Innovation Development and Economy Act is
amended by changing Sections 10 and 40 as follows:
(50 ILCS 470/10)
Sec. 10. Definitions. As used in this Act, the following
words and phrases shall have the following meanings unless a
different meaning clearly appears from the context:
"Base year" means the calendar year immediately prior to
the calendar year in which the STAR bond district is
established.
"Commence work" means the manifest commencement of actual
operations on the development site, such as, erecting a
building, general on-site and off-site grading and utility
installations, commencing design and construction
documentation, ordering lead-time materials, excavating the
ground to lay a foundation or a basement, or work of like
description which a reasonable person would recognize as being
done with the intention and purpose to continue work until the
project is completed.
"County" means the county in which a proposed STAR bond
district is located.
"De minimis minimus" means an amount less than 15% of the
land area within a STAR bond district.
"Department of Revenue" means the Department of Revenue of
the State of Illinois.

"Destination user" means an owner, operator, licensee,
co-developer, subdeveloper, or tenant (i) that operates a
business within a STAR bond district that is a retail store
having at least 150,000 square feet of sales floor area; (ii)
that at the time of opening does not have another Illinois
location within a 70 mile radius; (iii) that has an annual
average of not less than 30% of customers who travel from at
least 75 miles away or from out-of-state, as demonstrated by
data from a comparable existing store or stores, or, if there
is no comparable existing store, as demonstrated by an economic
analysis that shows that the proposed retailer will have an
annual average of not less than 30% of customers who travel
from at least 75 miles away or from out-of-state; and (iv) that
makes an initial capital investment, including project costs
and other direct costs, of not less than $30,000,000 for such
retail store.
"Destination hotel" means a hotel (as that term is defined
in Section 2 of the Hotel Operators' Occupation Tax Act)
complex having at least 150 guest rooms and which also includes
a venue for entertainment attractions, rides, or other
activities oriented toward the entertainment and amusement of
its guests and other patrons.
"Developer" means any individual, corporation, trust,
estate, partnership, limited liability partnership, limited
liability company, or other entity. The term does not include a
not-for-profit entity, political subdivision, or other agency

or instrumentality of the State.
"Director" means the Director of Revenue, who shall consult
with the Director of Commerce and Economic Opportunity in any
approvals or decisions required by the Director under this Act.
"Economic impact study" means a study conducted by an
independent economist to project the financial benefit of the
proposed STAR bond project to the local, regional, and State
economies, consider the proposed adverse impacts on similar
projects and businesses, as well as municipalities within the
projected market area, and draw conclusions about the net
effect of the proposed STAR bond project on the local,
regional, and State economies. A copy of the economic impact
study shall be provided to the Director for review.
"Eligible area" means any improved or vacant area that (i)
is contiguous and is not, in the aggregate, less than 250 acres
nor more than 500 acres which must include only parcels of real
property directly and substantially benefited by the proposed
STAR bond district plan, (ii) is adjacent to a federal
interstate highway, (iii) is within one mile of 2 State
highways, (iv) is within one mile of an entertainment user, or
a major or minor league sports stadium or other similar
entertainment venue that had an initial capital investment of
at least $20,000,000, and (v) includes land that was previously
surface or strip mined. The area may be bisected by streets,
highways, roads, alleys, railways, bike paths, streams,
rivers, and other waterways and still be deemed contiguous. In

addition, in order to constitute an eligible area one of the
following requirements must be satisfied and all of which are
subject to the review and approval of the Director as provided
in subsection (d) of Section 15:
(a) the governing body of the political subdivision
shall have determined that the area meets the requirements
of a "blighted area" as defined under the Tax Increment
Allocation Redevelopment Act; or
(b) the governing body of the political subdivision
shall have determined that the area is a blighted area as
determined under the provisions of Section 11-74.3-5 of the
Illinois Municipal Code; or
(c) the governing body of the political subdivision
shall make the following findings:
(i) that the vacant portions of the area have
remained vacant for at least one year, or that any
building located on a vacant portion of the property
was demolished within the last year and that the
building would have qualified under item (ii) of this
subsection;
(ii) if portions of the area are currently
developed, that the use, condition, and character of
the buildings on the property are not consistent with
the purposes set forth in Section 5;
(iii) that the STAR bond district is expected to
create or retain job opportunities within the

political subdivision;
(iv) that the STAR bond district will serve to
further the development of adjacent areas;
(v) that without the availability of STAR bonds,
the projects described in the STAR bond district plan
would not be possible;
(vi) that the master developer meets high
standards of creditworthiness and financial strength
as demonstrated by one or more of the following: (i)
corporate debenture ratings of BBB or higher by
Standard & Poor's Corporation or Baa or higher by
Moody's Investors Service, Inc.; (ii) a letter from a
financial institution with assets of $10,000,000 or
more attesting to the financial strength of the master
developer; or (iii) specific evidence of equity
financing for not less than 10% of the estimated total
STAR bond project costs;
(vii) that the STAR bond district will strengthen
the commercial sector of the political subdivision;
(viii) that the STAR bond district will enhance the
tax base of the political subdivision; and
(ix) that the formation of a STAR bond district is
in the best interest of the political subdivision.
"Entertainment user" means an owner, operator, licensee,
co-developer, subdeveloper, or tenant that operates a business
within a STAR bond district that has a primary use of providing

a venue for entertainment attractions, rides, or other
activities oriented toward the entertainment and amusement of
its patrons, occupies at least 20 acres of land in the STAR
bond district, and makes an initial capital investment,
including project costs and other direct and indirect costs, of
not less than $25,000,000 for that venue.
"Feasibility study" means a feasibility study as defined in
subsection (b) of Section 20.
"Infrastructure" means the public improvements and private
improvements that serve the public purposes set forth in
Section 5 of this Act and that benefit the STAR bond district
or any STAR bond projects, including, but not limited to,
streets, drives and driveways, traffic and directional signs
and signals, parking lots and parking facilities,
interchanges, highways, sidewalks, bridges, underpasses and
overpasses, bike and walking trails, sanitary storm sewers and
lift stations, drainage conduits, channels, levees, canals,
storm water detention and retention facilities, utilities and
utility connections, water mains and extensions, and street and
parking lot lighting and connections.
"Local sales taxes" means any locally imposed taxes
received by a municipality, county, or other local governmental
entity arising from sales by retailers and servicemen within a
STAR bond district, including business district sales taxes and
STAR bond occupation taxes, and that portion of the net revenue
realized under the Retailers' Occupation Tax Act, the Use Tax

Act, the Service Use Tax Act, and the Service Occupation Tax
Act from transactions at places of business located within a
STAR bond district that is deposited into the Local Government
Tax Fund and the County and Mass Transit District Fund. For the
purpose of this Act, "local sales taxes" does not include (i)
any taxes authorized pursuant to the Local Mass Transit
District Act or the Metro-East Park and Recreation District Act
for so long as the applicable taxing district does not impose a
tax on real property, (ii) county school facility occupation
taxes imposed pursuant to Section 5-1006.7 of the Counties
Code, or (iii) any taxes authorized under the Flood Prevention
District Act.
"Local sales tax increment" means, with respect to local
sales taxes administered by the Illinois Department of Revenue,
(i) all of the local sales tax paid by destination users,
destination hotels, and entertainment users that is in excess
of the local sales tax paid by destination users, destination
hotels, and entertainment users for the same month in the base
year, as determined by the Illinois Department of Revenue, (ii)
in the case of a municipality forming a STAR bond district that
is wholly within the corporate boundaries of the municipality
and in the case of a municipality and county forming a STAR
bond district that is only partially within such municipality,
that portion of the local sales tax paid by taxpayers that are
not destination users, destination hotels, or entertainment
users that is in excess of the local sales tax paid by

taxpayers that are not destination users, destination hotels,
or entertainment users for the same month in the base year, as
determined by the Illinois Department of Revenue, and (iii) in
the case of a county in which a STAR bond district is formed
that is wholly within a municipality, that portion of the local
sales tax paid by taxpayers that are not destination users,
destination hotels, or entertainment users that is in excess of
the local sales tax paid by taxpayers that are not destination
users, destination hotels, or entertainment users for the same
month in the base year, as determined by the Illinois
Department of Revenue, but only if the corporate authorities of
the county adopts an ordinance, and files a copy with the
Department within the same time frames as required for STAR
bond occupation taxes under Section 31, that designates the
taxes referenced in this clause (iii) as part of the local
sales tax increment under this Act. "Local sales tax increment"
means, with respect to local sales taxes administered by a
municipality, county, or other unit of local government, that
portion of the local sales tax that is in excess of the local
sales tax for the same month in the base year, as determined by
the respective municipality, county, or other unit of local
government. If any portion of local sales taxes are, at the
time of formation of a STAR bond district, already subject to
tax increment financing under the Tax Increment Allocation
Redevelopment Act, then the local sales tax increment for such
portion shall be frozen at the base year established in

accordance with this Act, and all future incremental increases
shall be included in the "local sales tax increment" under this
Act. Any party otherwise entitled to receipt of incremental
local sales tax revenues through an existing tax increment
financing district shall be entitled to continue to receive
such revenues up to the amount frozen in the base year. Nothing
in this Act shall affect the prior qualification of existing
redevelopment project costs incurred that are eligible for
reimbursement under the Tax Increment Allocation Redevelopment
Act. In such event, prior to approving a STAR bond district,
the political subdivision forming the STAR bond district shall
take such action as is necessary, including amending the
existing tax increment financing district redevelopment plan,
to carry out the provisions of this Act. The Illinois
Department of Revenue shall allocate the local sales tax
increment only if the local sales tax is administered by the
Department.
"Market study" means a study to determine the ability of
the proposed STAR bond project to gain market share locally and
regionally and to remain profitable past the term of repayment
of STAR bonds.
"Master developer" means a developer cooperating with a
political subdivision to plan, develop, and implement a STAR
bond project plan for a STAR bond district. Subject to the
limitations of Section 25, the master developer may work with
and transfer certain development rights to other developers for

the purpose of implementing STAR bond project plans and
achieving the purposes of this Act. A master developer for a
STAR bond district shall be appointed by a political
subdivision in the resolution establishing the STAR bond
district, and the master developer must, at the time of
appointment, own or have control of, through purchase
agreements, option contracts, or other means, not less than 50%
of the acreage within the STAR bond district and the master
developer or its affiliate must have ownership or control on
June 1, 2010.
"Master development agreement" means an agreement between
the master developer and the political subdivision to govern a
STAR bond district and any STAR bond projects.
"Municipality" means the city, village, or incorporated
town in which a proposed STAR bond district is located.
"Pledged STAR revenues" means those sales tax and revenues
and other sources of funds pledged to pay debt service on STAR
bonds or to pay project costs pursuant to Section 30.
Notwithstanding any provision to the contrary, the following
revenues shall not constitute pledged STAR revenues or be
available to pay principal and interest on STAR bonds: any
State sales tax increment or local sales tax increment from a
retail entity initiating operations in a STAR bond district
while terminating operations at another Illinois location
within 25 miles of the STAR bond district. For purposes of this
paragraph, "terminating operations" means a closing of a retail

operation that is directly related to the opening of the same
operation or like retail entity owned or operated by more than
50% of the original ownership in a STAR bond district within
one year before or after initiating operations in the STAR bond
district, but it does not mean closing an operation for reasons
beyond the control of the retail entity, as documented by the
retail entity, subject to a reasonable finding by the
municipality (or county if such retail operation is not located
within a municipality) in which the terminated operations were
located that the closed location contained inadequate space,
had become economically obsolete, or was no longer a viable
location for the retailer or serviceman.
"Political subdivision" means a municipality or county
which undertakes to establish a STAR bond district pursuant to
the provisions of this Act.
"Project costs" means and includes the sum total of all
costs incurred or estimated to be incurred on or following the
date of establishment of a STAR bond district that are
reasonable or necessary to implement a STAR bond district plan
or any STAR bond project plans, or both, including costs
incurred for public improvements and private improvements that
serve the public purposes set forth in Section 5 of this Act.
Such costs include without limitation the following:
(a) costs of studies, surveys, development of plans and
specifications, formation, implementation, and
administration of a STAR bond district, STAR bond district

plan, any STAR bond projects, or any STAR bond project
plans, including, but not limited to, staff and
professional service costs for architectural, engineering,
legal, financial, planning, or other services, provided
however that no charges for professional services may be
based on a percentage of the tax increment collected and no
contracts for professional services, excluding
architectural and engineering services, may be entered
into if the terms of the contract extend beyond a period of
3 years;
(b) property assembly costs, including, but not
limited to, acquisition of land and other real property or
rights or interests therein, located within the boundaries
of a STAR bond district, demolition of buildings, site
preparation, site improvements that serve as an engineered
barrier addressing ground level or below ground
environmental contamination, including, but not limited
to, parking lots and other concrete or asphalt barriers,
the clearing and grading of land, and importing additional
soil and fill materials, or removal of soil and fill
materials from the site;
(c) subject to paragraph (d), costs of buildings and
other vertical improvements that are located within the
boundaries of a STAR bond district and owned by a political
subdivision or other public entity, including without
limitation police and fire stations, educational

facilities, and public restrooms and rest areas;
(c-1) costs of buildings and other vertical
improvements that are located within the boundaries of a
STAR bond district and owned by a destination user or
destination hotel; except that only 2 destination users in
a STAR bond district and one destination hotel are eligible
to include the cost of those vertical improvements as
project costs;
(c-5) costs of buildings; rides and attractions, which
include carousels, slides, roller coasters, displays,
models, towers, works of art, and similar theme and
amusement park improvements; and other vertical
improvements that are located within the boundaries of a
STAR bond district and owned by an entertainment user;
except that only one entertainment user in a STAR bond
district is eligible to include the cost of those vertical
improvements as project costs;
(d) costs of the design and construction of
infrastructure and public works located within the
boundaries of a STAR bond district that are reasonable or
necessary to implement a STAR bond district plan or any
STAR bond project plans, or both, except that project costs
shall not include the cost of constructing a new municipal
public building principally used to provide offices,
storage space, or conference facilities or vehicle
storage, maintenance, or repair for administrative, public

safety, or public works personnel and that is not intended
to replace an existing public building unless the political
subdivision makes a reasonable determination in a STAR bond
district plan or any STAR bond project plans, supported by
information that provides the basis for that
determination, that the new municipal building is required
to meet an increase in the need for public safety purposes
anticipated to result from the implementation of the STAR
bond district plan or any STAR bond project plans;
(e) costs of the design and construction of the
following improvements located outside the boundaries of a
STAR bond district, provided that the costs are essential
to further the purpose and development of a STAR bond
district plan and either (i) part of and connected to
sewer, water, or utility service lines that physically
connect to the STAR bond district or (ii) significant
improvements for adjacent offsite highways, streets,
roadways, and interchanges that are approved by the
Illinois Department of Transportation. No other cost of
infrastructure and public works improvements located
outside the boundaries of a STAR bond district may be
deemed project costs;
(f) costs of job training and retraining projects,
including the cost of "welfare to work" programs
implemented by businesses located within a STAR bond
district;

(g) financing costs, including, but not limited to, all
necessary and incidental expenses related to the issuance
of obligations and which may include payment of interest on
any obligations issued hereunder including interest
accruing during the estimated period of construction of any
improvements in a STAR bond district or any STAR bond
projects for which such obligations are issued and for not
exceeding 36 months thereafter and including reasonable
reserves related thereto;
(h) to the extent the political subdivision by written
agreement accepts and approves the same, all or a portion
of a taxing district's capital costs resulting from a STAR
bond district or STAR bond projects necessarily incurred or
to be incurred within a taxing district in furtherance of
the objectives of a STAR bond district plan or STAR bond
project plans;
(i) interest cost incurred by a developer for project
costs related to the acquisition, formation,
implementation, development, construction, and
administration of a STAR bond district, STAR bond district
plan, STAR bond projects, or any STAR bond project plans
provided that:
(i) payment of such costs in any one year may not
exceed 30% of the annual interest costs incurred by the
developer with regard to the STAR bond district or any
STAR bond projects during that year; and

(ii) the total of such interest payments paid
pursuant to this Act may not exceed 30% of the total
cost paid or incurred by the developer for a STAR bond
district or STAR bond projects, plus project costs,
excluding any property assembly costs incurred by a
political subdivision pursuant to this Act;
(j) costs of common areas located within the boundaries
of a STAR bond district;
(k) costs of landscaping and plantings, retaining
walls and fences, man-made lakes and ponds, shelters,
benches, lighting, and similar amenities located within
the boundaries of a STAR bond district;
(l) costs of mounted building signs, site monument, and
pylon signs located within the boundaries of a STAR bond
district; or
(m) if included in the STAR bond district plan and
approved in writing by the Director, salaries or a portion
of salaries for local government employees to the extent
the same are directly attributable to the work of such
employees on the establishment and management of a STAR
bond district or any STAR bond projects.
Except as specified in items (a) through (m), "project
costs" shall not include:
(i) the cost of construction of buildings that are
privately owned or owned by a municipality and leased to a
developer or retail user for non-entertainment retail

uses;
(ii) moving expenses for employees of the businesses
locating within the STAR bond district;
(iii) property taxes for property located in the STAR
bond district;
(iv) lobbying costs; and
(v) general overhead or administrative costs of the
political subdivision that would still have been incurred
by the political subdivision if the political subdivision
had not established a STAR bond district.
"Project development agreement" means any one or more
agreements, including any amendments thereto, between a master
developer and any co-developer or subdeveloper in connection
with a STAR bond project, which project development agreement
may include the political subdivision as a party.
"Projected market area" means any area within the State in
which a STAR bond district or STAR bond project is projected to
have a significant fiscal or market impact as determined by the
Director.
"Resolution" means a resolution, order, ordinance, or
other appropriate form of legislative action of a political
subdivision or other applicable public entity approved by a
vote of a majority of a quorum at a meeting of the governing
body of the political subdivision or applicable public entity.
"STAR bond" means a sales tax and revenue bond, note, or
other obligation payable from pledged STAR revenues and issued

by a political subdivision, the proceeds of which shall be used
only to pay project costs as defined in this Act.
"STAR bond district" means the specific area declared to be
an eligible area as determined by the political subdivision,
and approved by the Director, in which the political
subdivision may develop one or more STAR bond projects.
"STAR bond district plan" means the preliminary or
conceptual plan that generally identifies the proposed STAR
bond project areas and identifies in a general manner the
buildings, facilities, and improvements to be constructed or
improved in each STAR bond project area.
"STAR bond project" means a project within a STAR bond
district which is approved pursuant to Section 20.
"STAR bond project area" means the geographic area within a
STAR bond district in which there may be one or more STAR bond
projects.
"STAR bond project plan" means the written plan adopted by
a political subdivision for the development of a STAR bond
project in a STAR bond district; the plan may include, but is
not limited to, (i) project costs incurred prior to the date of
the STAR bond project plan and estimated future STAR bond
project costs, (ii) proposed sources of funds to pay those
costs, (iii) the nature and estimated term of any obligations
to be issued by the political subdivision to pay those costs,
(iv) the most recent equalized assessed valuation of the STAR
bond project area, (v) an estimate of the equalized assessed

valuation of the STAR bond district or applicable project area
after completion of a STAR bond project, (vi) a general
description of the types of any known or proposed developers,
users, or tenants of the STAR bond project or projects included
in the plan, (vii) a general description of the type,
structure, and character of the property or facilities to be
developed or improved, (viii) a description of the general land
uses to apply to the STAR bond project, and (ix) a general
description or an estimate of the type, class, and number of
employees to be employed in the operation of the STAR bond
project.
"State sales tax" means all of the net revenue realized
under the Retailers' Occupation Tax Act, the Use Tax Act, the
Service Use Tax Act, and the Service Occupation Tax Act from
transactions at places of business located within a STAR bond
district, excluding that portion of the net revenue realized
under the Retailers' Occupation Tax Act, the Use Tax Act, the
Service Use Tax Act, and the Service Occupation Tax Act from
transactions at places of business located within a STAR bond
district that is deposited into the Local Government Tax Fund
and the County and Mass Transit District Fund.
"State sales tax increment" means (i) 100% of that portion
of the State sales tax that is in excess of the State sales tax
for the same month in the base year, as determined by the
Department of Revenue, from transactions at up to 2 destination
users, one destination hotel, and one entertainment user

located within a STAR bond district, which destination users,
destination hotel, and entertainment user shall be designated
by the master developer and approved by the political
subdivision and the Director in conjunction with the applicable
STAR bond project approval, and (ii) 25% of that portion of the
State sales tax that is in excess of the State sales tax for
the same month in the base year, as determined by the
Department of Revenue, from all other transactions within a
STAR bond district. If any portion of State sales taxes are, at
the time of formation of a STAR bond district, already subject
to tax increment financing under the Tax Increment Allocation
Redevelopment Act, then the State sales tax increment for such
portion shall be frozen at the base year established in
accordance with this Act, and all future incremental increases
shall be included in the State sales tax increment under this
Act. Any party otherwise entitled to receipt of incremental
State sales tax revenues through an existing tax increment
financing district shall be entitled to continue to receive
such revenues up to the amount frozen in the base year. Nothing
in this Act shall affect the prior qualification of existing
redevelopment project costs incurred that are eligible for
reimbursement under the Tax Increment Allocation Redevelopment
Act. In such event, prior to approving a STAR bond district,
the political subdivision forming the STAR bond district shall
take such action as is necessary, including amending the
existing tax increment financing district redevelopment plan,

to carry out the provisions of this Act.
"Substantial change" means a change wherein the proposed
STAR bond project plan differs substantially in size, scope, or
use from the approved STAR bond district plan or STAR bond
project plan.
"Taxpayer" means an individual, partnership, corporation,
limited liability company, trust, estate, or other entity that
is subject to the Illinois Income Tax Act.
"Total development costs" means the aggregate public and
private investment in a STAR bond district, including project
costs and other direct and indirect costs related to the
development of the STAR bond district.
"Traditional retail use" means the operation of a business
that derives at least 90% of its annual gross revenue from
sales at retail, as that phrase is defined by Section 1 of the
Retailers' Occupation Tax Act, but does not include the
operations of destination users, entertainment users,
restaurants, hotels, retail uses within hotels, or any other
non-retail uses.
"Vacant" means that portion of the land in a proposed STAR
bond district that is not occupied by a building, facility, or
other vertical improvement.
(Source: P.A. 96-939, eff. 6-24-10; 97-188, eff. 7-22-11;
revised 10-16-15.)
(50 ILCS 470/40)

Sec. 40. Amendments to STAR bond district. Any addition of
real property to a STAR bond district or any substantial change
to a STAR bond district plan shall be subject to the same
procedure for public notice, hearing, and approval as is
required for the establishment of the STAR bond district
pursuant to this Act.
(a) The addition or removal of land to or from a STAR bond
district shall require the consent of the master developer of
the STAR bond district.
(b) Any land that is outside of, but is contiguous to an
established STAR bond district and is subsequently owned,
leased, or controlled by the master developer shall be added to
a STAR bond district at the request of the master developer and
by approval of the political subdivision, provided that the
land becomes a part of a STAR bond project area.
(c) If a political subdivision has undertaken a STAR bond
project within a STAR bond district, and the political
subdivision desires to subsequently remove more than a de
minimis minimus amount of real property from the STAR bond
district, then prior to any removal of property the political
subdivision must provide a revised feasibility study showing
that the pledged STAR revenues from the resulting STAR bond
district within which the STAR bond project is located are
estimated to be sufficient to pay the project costs. If the
revenue from the resulting STAR bond district is insufficient
to pay the project costs, then the property may not be removed

from the STAR bond district. Any removal of real property from
a STAR bond district shall be approved by a resolution of the
governing body of the political subdivision.
(Source: P.A. 96-939, eff. 6-24-10; revised 10-16-15.)
Section 190. The Illinois Police Training Act is amended by
changing Section 7 and by setting forth and renumbering
multiple versions of Section 10.17 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, including, but
not limited to, the disease of addiction, which require
immediate assistance 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 rape 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 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) this amendatory Act of 1996. Failure to be so
certified, absent a waiver from the Board, shall cause the

officer to forfeit his or her position.
All individuals hired as court security officers on or
after the effective date of this amendatory Act of 1996 shall
be certified within 12 months of the date of their hire, unless
a waiver has been obtained by the Board, or they shall forfeit
their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit Commission,
shall maintain a list of all individuals who have filed
applications to become court security officers and who meet the
eligibility requirements established under this Act. Either
the Sheriff's Merit Commission, or the Sheriff's Office if no
Sheriff's Merit Commission exists, shall establish a schedule
of reasonable intervals for verification of the applicants'
qualifications under this Act and as established by the Board.
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, 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. 98-49, eff. 7-1-13; 98-358, eff. 1-1-14; 98-463,

eff. 8-16-13; 98-756, eff. 7-16-14; 99-352, eff. 1-1-16;
99-480, eff. 9-9-15; revised 10-20-15.)
(50 ILCS 705/10.17)
Sec. 10.17. Crisis intervention team training. The
Illinois Law Enforcement Training and Standards Board shall
develop and approve a standard curriculum for a certified
training program in crisis intervention addressing specialized
policing responses to people with mental illnesses. The Board
shall conduct Crisis Intervention Team (CIT) training programs
that train officers to identify signs and symptoms of mental
illness, to de-escalate situations involving individuals who
appear to have a mental illness, and connect that person in
crisis to treatment. Officers who have successfully completed
this program shall be issued a certificate attesting to their
attendance of a Crisis Intervention Team (CIT) training
program.
(Source: P.A. 99-261, eff. 1-1-16.)
(50 ILCS 705/10.18)
Sec. 10.18 10.17. Training; administration of opioid
antagonists. The Board shall conduct or approve an in-service
training program for police officers 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 that is in accordance with that Section. As used

in this Section 10.17, the term "police officers" includes
full-time or part-time probationary police officers, permanent
or part-time police officers, law enforcement officers,
recruits, permanent or probationary county corrections
officers, permanent or probationary county security officers,
and court security officers. The term does not include
auxiliary police officers as defined in Section 3.1-30-20 of
the Illinois Municipal Code.
(Source: P.A. 99-480, eff. 9-9-15; revised 10-19-15.)
Section 195. The Law Enforcement Officer-Worn Body Camera
Act is amended by changing Sections 10-10 and 10-20 as follows:
(50 ILCS 706/10-10)
Sec. 10-10. Definitions. As used in is this Act:
"Badge" means an officer's department issued
identification number associated with his or her position as a
police officer with that department.
"Board" means the Illinois Law Enforcement Training
Standards Board created by the Illinois Police Training Act.
"Business offense" means a petty offense for which the fine
is in excess of $1,000.
"Community caretaking function" means a task undertaken by
a law enforcement officer in which the officer is performing an
articulable act unrelated to the investigation of a crime.
"Community caretaking function" includes, but is not limited

to, participating in town halls or other community outreach,
helping a child find his or her parents, providing death
notifications, and performing in-home or hospital well-being
checks on the sick, elderly, or persons presumed missing.
"Fund" means the Law Enforcement Camera Grant Fund.
"In uniform" means a law enforcement officer who is wearing
any officially authorized uniform designated by a law
enforcement agency, or a law enforcement officer who is visibly
wearing articles of clothing, a badge, tactical gear, gun belt,
a patch, or other insignia that he or she is a law enforcement
officer acting in the course of his or her duties.
"Law enforcement officer" or "officer" means any person
employed by a State, county, municipality, special district,
college, unit of government, or any other entity authorized by
law to employ peace officers or exercise police authority and
who is primarily responsible for the prevention or detection of
crime and the enforcement of the laws of this State.
"Law enforcement agency" means all State agencies with law
enforcement officers, county sheriff's offices, municipal,
special district, college, or unit of local government police
departments.
"Law enforcement-related encounters or activities"
include, but are not limited to, traffic stops, pedestrian
stops, arrests, searches, interrogations, investigations,
pursuits, crowd control, traffic control, non-community
caretaking interactions with an individual while on patrol, or

any other instance in which the officer is enforcing the laws
of the municipality, county, or State. "Law
enforcement-related encounter or activities" does not include
when the officer is completing paperwork alone or only in the
presence of another law enforcement officer.
"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.
"Officer-worn body camera" means an electronic camera
system for creating, generating, sending, receiving, storing,
displaying, and processing audiovisual recordings that may be
worn about the person of a law enforcement officer.
"Peace officer" has the meaning provided in Section 2-13 of
the Criminal Code of 2012.
"Petty offense" means any offense for which a sentence of
imprisonment is not an authorized disposition.
"Recording" means the process of capturing data or
information stored on a recording medium as required under this
Act.
"Recording medium" means any recording medium authorized
by the Board for the retention and playback of recorded audio
and video including, but not limited to, VHS, DVD, hard drive,
cloud storage, solid state, digital, flash memory technology,
or any other electronic medium.
(Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)

(50 ILCS 706/10-20)
Sec. 10-20. Requirements.
(a) The Board shall develop basic guidelines for the use of
officer-worn body cameras by law enforcement agencies. The
guidelines developed by the Board shall be the basis for the
written policy which must be adopted by each law enforcement
agency which employs the use of officer-worn body cameras. The
written policy adopted by the law enforcement agency must
include, at a minimum, all of the following:
(1) Cameras must be equipped with pre-event recording,
capable of recording at least the 30 seconds prior to
camera activation, unless the officer-worn body camera was
purchased and acquired by the law enforcement agency prior
to July 1, 2015.
(2) Cameras must be capable of recording for a period
of 10 hours or more, unless the officer-worn body camera
was purchased and acquired by the law enforcement agency
prior to July 1, 2015.
(3) Cameras must be turned on at all times when the
officer is in uniform and is responding to calls for
service or engaged in any law enforcement-related
encounter or activity, that occurs while the officer is on
duty on-duty.
(A) If exigent circumstances exist which prevent
the camera from being turned on, the camera must be
turned on as soon as practicable.

(B) Officer-worn body cameras may be turned off
when the officer is inside of a patrol car which is
equipped with a functioning in-car camera; however,
the officer must turn on the camera upon exiting the
patrol vehicle for law enforcement-related encounters.
(4) Cameras must be turned off when:
(A) the victim of a crime requests that the camera
be turned off, and unless impractical or impossible,
that request is made on the recording;
(B) a witness of a crime or a community member who
wishes to report a crime requests that the camera be
turned off, and unless impractical or impossible that
request is made on the recording; or
(C) the officer is interacting with a confidential
informant used by the law enforcement agency.
However, an officer may continue to record or resume
recording a victim or a witness, if exigent circumstances
exist, or if the officer has reasonable articulable
suspicion that a victim or witness, or confidential
informant has committed or is in the process of committing
a crime. Under these circumstances, and unless impractical
or impossible, the officer must indicate on the recording
the reason for continuing to record despite the request of
the victim or witness.
(4.5) Cameras may be turned off when the officer is
engaged in community caretaking functions. However, the

camera must be turned on when the officer has reason to
believe that the person on whose behalf the officer is
performing a community caretaking function has committed
or is in the process of committing a crime. If exigent
circumstances exist which prevent the camera from being
turned on, the camera must be turned on as soon as
practicable.
(5) The officer must provide notice of recording to any
person if the person has a reasonable expectation of
privacy and proof of notice must be evident in the
recording. If exigent circumstances exist which prevent
the officer from providing notice, notice must be provided
as soon as practicable.
(6) For the purposes of redaction, labeling, or
duplicating recordings, access to camera recordings shall
be restricted to only those personnel responsible for those
purposes. The recording officer and his or her supervisor
may access and review recordings prior to completing
incident reports or other documentation, provided that the
officer or his or her supervisor discloses that fact in the
report or documentation.
(7) Recordings made on officer-worn cameras must be
retained by the law enforcement agency or by the camera
vendor used by the agency, on a recording medium for a
period of 90 days.
(A) Under no circumstances shall any recording

made with an officer-worn body camera be altered,
erased, or destroyed prior to the expiration of the
90-day storage period.
(B) Following the 90-day storage period, any and
all recordings made with an officer-worn body camera
must be destroyed, unless any encounter captured on the
recording has been flagged. An encounter is deemed to
be flagged when:
(i) a formal or informal complaint has been
filed;
(ii) the officer discharged his or her firearm
or used force during the encounter;
(iii) death or great bodily harm occurred to
any person in the recording;
(iv) the encounter resulted in a detention or
an arrest, excluding traffic stops which resulted
in only a minor traffic offense or business
offense;
(v) the officer is the subject of an internal
investigation or otherwise being investigated for
possible misconduct;
(vi) the supervisor of the officer,
prosecutor, defendant, or court determines that
the encounter has evidentiary value in a criminal
prosecution; or
(vii) the recording officer requests that the

video be flagged for official purposes related to
his or her official duties.
(C) Under no circumstances shall any recording
made with an officer-worn body camera relating to a
flagged encounter be altered or destroyed prior to 2
years after the recording was flagged. If the flagged
recording was used in a criminal, civil, or
administrative proceeding, the recording shall not be
destroyed except upon a final disposition and order
from the court.
(8) Following the 90-day storage period, recordings
may be retained if a supervisor at the law enforcement
agency designates the recording for training purposes. If
the recording is designated for training purposes, the
recordings may be viewed by officers, in the presence of a
supervisor or training instructor, for the purposes of
instruction, training, or ensuring compliance with agency
policies.
(9) Recordings shall not be used to discipline law
enforcement officers unless:
(A) a formal or informal complaint of misconduct
has been made;
(B) a use of force incident has occurred;
(C) the encounter on the recording could result in
a formal investigation under the Uniform Peace
Officers' Disciplinary Act; or

(D) as corroboration of other evidence of
misconduct.
Nothing in this paragraph (9) shall be construed to
limit or prohibit a law enforcement officer from being
subject to an action that does not amount to discipline.
(10) The law enforcement agency shall ensure proper
care and maintenance of officer-worn body cameras. Upon
becoming aware, officers must as soon as practical document
and notify the appropriate supervisor of any technical
difficulties, failures, or problems with the officer-worn
body camera or associated equipment. Upon receiving
notice, the appropriate supervisor shall make every
reasonable effort to correct and repair any of the
officer-worn body camera equipment.
(11) No officer may hinder or prohibit any person, not
a law enforcement officer, from recording a law enforcement
officer in the performance of his or her duties in a public
place or when the officer has no reasonable expectation of
privacy. The law enforcement agency's written policy shall
indicate the potential criminal penalties, as well as any
departmental discipline, which may result from unlawful
confiscation or destruction of the recording medium of a
person who is not a law enforcement officer. However, an
officer may take reasonable action to maintain safety and
control, secure crime scenes and accident sites, protect
the integrity and confidentiality of investigations, and

protect the public safety and order.
(b) Recordings made with the use of an officer-worn body
camera are not subject to disclosure under the Freedom of
Information Act, except that:
(1) if the subject of the encounter has a reasonable
expectation of privacy, at the time of the recording, any
recording which is flagged, due to the filing of a
complaint, discharge of a firearm, use of force, arrest or
detention, or resulting death or bodily harm, shall be
disclosed in accordance with the Freedom of Information Act
if:
(A) the subject of the encounter captured on the
recording is a victim or witness; and
(B) the law enforcement agency obtains written
permission of the subject or the subject's legal
representative;
(2) except as provided in paragraph (1) of this
subsection (b), any recording which is flagged due to the
filing of a complaint, discharge of a firearm, use of
force, arrest or detention, or resulting death or bodily
harm shall be disclosed in accordance with the Freedom of
Information Act; and
(3) upon request, the law enforcement agency shall
disclose, in accordance with the Freedom of Information
Act, the recording to the subject of the encounter captured
on the recording or to the subject's attorney, or the

officer or his or her legal representative.
For the purposes of paragraph (1) of this subsection (b),
the subject of the encounter does not have a reasonable
expectation of privacy if the subject was arrested as a result
of the encounter. For purposes of subparagraph (A) of paragraph
(1) of this subsection (b), "witness" does not include a person
who is a victim or who was arrested as a result of the
encounter.
Only recordings or portions of recordings responsive to the
request shall be available for inspection or reproduction. Any
recording disclosed under the Freedom of Information Act shall
be redacted to remove identification of any person that appears
on the recording and is not the officer, a subject of the
encounter, or directly involved in the encounter. Nothing in
this subsection (b) shall require the disclosure of any
recording or portion of any recording which would be exempt
from disclosure under the Freedom of Information Act.
(c) Nothing in this Section shall limit access to a camera
recording for the purposes of complying with Supreme Court
rules or the rules of evidence.
(Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)
Section 200. The Emergency Telephone System Act is amended
by changing Section 75 as follows:
(50 ILCS 750/75)

(Section scheduled to be repealed on July 1, 2017)
Sec. 75. Transfer of rights, functions, powers, duties, and
property to Department of State Police; rules and standards;
savings provisions.
(a) On January 1, 2016, the rights, functions, powers, and
duties of the Illinois Commerce Commission as set forth in this
Act and the Wireless Emergency Telephone Safety Act existing
prior to January 1, 2016, are transferred to and shall be
exercised by the Department of State Police. On or before
January 1, 2016, the Commission shall transfer and deliver to
the Department all books, records, documents, property (real
and personal), unexpended appropriations, and pending business
pertaining to the rights, powers, duties, and functions
transferred to the Department under Public Act 99-6 this
amendatory Act of the 99th General Assembly.
(b) The rules and standards of the Commission that are in
effect on January 1, 2016 and that pertain to the rights,
powers, duties, and functions transferred to the Department
under Public Act 99-6 this amendatory Act of the 99th General
Assembly shall become the rules and standards of the Department
on January 1, 2016, and shall continue in effect until amended
or repealed by the Department.
Any rules pertaining to the rights, powers, duties, and
functions transferred to the Department under Public Act 99-6
this amendatory Act of the 99th General Assembly that have been
proposed by the Commission but have not taken effect or been

finally adopted by January 1, 2016, shall become proposed rules
of the Department on January 1, 2016, and any rulemaking
procedures that have already been completed by the Commission
for those proposed rules need not be repealed.
As soon as it is practical after January 1, 2016, the
Department shall revise and clarify the rules transferred to it
under Public Act 99-6 this amendatory Act of the 99th General
Assembly to reflect the transfer of rights, powers, duties, and
functions effected by Public Act 99-6 this amendatory Act of
the 99th General Assembly using the procedures for
recodification of rules available under the Illinois
Administrative Procedure Act, except that existing title,
part, and section numbering for the affected rules may be
retained. The Department may propose and adopt under the
Illinois Administrative Procedure Act any other rules
necessary to consolidate and clarify those rules.
(c) The rights, powers, duties, and functions transferred
to the Department by Public Act 99-6 this amendatory Act of the
99th General Assembly shall be vested in and exercised by the
Department subject to the provisions of this Act and the
Wireless Emergency Telephone Safety Act. An act done by the
Department or an officer, employee, or agent of the Department
in the exercise of the transferred rights, powers, duties, and
functions shall have the same legal effect as if done by the
Commission or an officer, employee, or agent of the Commission.
The transfer of rights, powers, duties, and functions to

the Department under Public Act 99-6 this amendatory Act of the
99th General Assembly does not invalidate any previous action
taken by or in respect to the Commission, its officers,
employees, or agents. References to the Commission or its
officers, employees, or agents in any document, contract,
agreement, or law shall, in appropriate contexts, be deemed to
refer to the Department or its officers, employees, or agents.
The transfer of rights, powers, duties, and functions to
the Department under Public Act 99-6 this amendatory Act of the
99th General Assembly does not affect any person's rights,
obligations, or duties, including any civil or criminal
penalties applicable thereto, arising out of those transferred
rights, powers, duties, and functions.
Public Act 99-6 This amendatory Act of the 99th General
Assembly does not affect any act done, ratified, or cancelled,
any right occurring or established, or any action or proceeding
commenced in an administrative, civil, or criminal case before
January 1, 2016. Any such action or proceeding that pertains to
a right, power, duty, or function transferred to the Department
under Public Act 99-6 this amendatory Act of the 99th General
Assembly that is pending on that date may be prosecuted,
defended, or continued by the Commission.
For the purposes of Section 9b of the State Finance Act,
the Department is the successor to the Commission with respect
to the rights, duties, powers, and functions transferred by
Public Act 99-6 this amendatory Act of the 99th General

Assembly.
(d) (c) The Department is authorized to enter into an
intergovernmental agreement with the Commission for the
purpose of having the Commission assist the Department and the
Statewide 9-1-1 Administrator in carrying out their duties and
functions under this Act. The agreement may provide for funding
for the Commission for its assistance to the Department and the
Statewide 9-1-1 Administrator.
(Source: P.A. 99-6, eff. 6-29-15; revised 11-9-15.)
Section 205. The Counties Code is amended by changing
Sections 3-3013, 3-8007, 3-9005, 5-1006.5, 5-1006.7, 5-12020,
and 6-1003 as follows:
(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
Sec. 3-3013. Preliminary investigations; blood and urine
analysis; summoning jury; reports. Every coroner, whenever, as
soon as he knows or is informed that the dead body of any
person is found, or lying within his county, whose death is
suspected of being:
(a) A sudden or violent death, whether apparently
suicidal, homicidal or accidental, including but not
limited to deaths apparently caused or contributed to by
thermal, traumatic, chemical, electrical or radiational
injury, or a complication of any of them, or by drowning or
suffocation, or as a result of domestic violence as defined

in the Illinois Domestic Violence Act of 1986;
(b) A maternal or fetal death due to abortion, or any
death due to a sex crime or a crime against nature;
(c) A death where the circumstances are suspicious,
obscure, mysterious or otherwise unexplained or where, in
the written opinion of the attending physician, the cause
of death is not determined;
(d) A death where addiction to alcohol or to any drug
may have been a contributory cause; or
(e) A death where the decedent was not attended by a
licensed physician;
shall go to the place where the dead body is, and take charge
of the same and shall make a preliminary investigation into the
circumstances of the death. In the case of death without
attendance by a licensed physician the body may be moved with
the coroner's consent from the place of death to a mortuary in
the same county. Coroners in their discretion shall notify such
physician as is designated in accordance with Section 3-3014 to
attempt to ascertain the cause of death, either by autopsy or
otherwise.
In cases of accidental death involving a motor vehicle in
which the decedent was (1) the operator or a suspected operator
of a motor vehicle, or (2) a pedestrian 16 years of age or
older, the coroner shall require that a blood specimen of at
least 30 cc., and if medically possible a urine specimen of at
least 30 cc. or as much as possible up to 30 cc., be withdrawn

from the body of the decedent in a timely fashion after the
accident causing his death, by such physician as has been
designated in accordance with Section 3-3014, or by the coroner
or deputy coroner or a qualified person designated by such
physician, coroner, or deputy coroner. If the county does not
maintain laboratory facilities for making such analysis, the
blood and urine so drawn shall be sent to the Department of
State Police or any other accredited or State-certified
laboratory for analysis of the alcohol, carbon monoxide, and
dangerous or narcotic drug content of such blood and urine
specimens. Each specimen submitted shall be accompanied by
pertinent information concerning the decedent upon a form
prescribed by such laboratory. Any person drawing blood and
urine and any person making any examination of the blood and
urine under the terms of this Division shall be immune from all
liability, civil or criminal, that might otherwise be incurred
or imposed.
In all other cases coming within the jurisdiction of the
coroner and referred to in subparagraphs (a) through (e) above,
blood, and whenever possible, urine samples shall be analyzed
for the presence of alcohol and other drugs. When the coroner
suspects that drugs may have been involved in the death, either
directly or indirectly, a toxicological examination shall be
performed which may include analyses of blood, urine, bile,
gastric contents and other tissues. When the coroner suspects a
death is due to toxic substances, other than drugs, the coroner

shall consult with the toxicologist prior to collection of
samples. Information submitted to the toxicologist shall
include information as to height, weight, age, sex and race of
the decedent as well as medical history, medications used by
and the manner of death of decedent.
When the coroner or medical examiner finds that the cause
of death is due to homicidal means, the coroner or medical
examiner shall cause blood and buccal specimens (tissue may be
submitted if no uncontaminated blood or buccal specimen can be
obtained), whenever possible, to be withdrawn from the body of
the decedent in a timely fashion. For proper preservation of
the specimens, collected blood and buccal specimens shall be
dried and tissue specimens shall be frozen if available
equipment exists. As soon as possible, but no later than 30
days after the collection of the specimens, the coroner or
medical examiner shall release those specimens to the police
agency responsible for investigating the death. As soon as
possible, but no later than 30 days after the receipt from the
coroner or medical examiner, the police agency shall submit the
specimens using the agency case number to a National DNA Index
System (NDIS) participating laboratory within this State, such
as the Illinois Department of State Police, Division of
Forensic Services, for analysis and categorizing into genetic
marker groupings. The results of the analysis and categorizing
into genetic marker groupings shall be provided to the Illinois
Department of State Police and shall be maintained by the

Illinois Department of State Police in the State central
repository in the same manner, and subject to the same
conditions, as provided in Section 5-4-3 of the Unified Code of
Corrections. The requirements of this paragraph are in addition
to any other findings, specimens, or information that the
coroner or medical examiner is required to provide during the
conduct of a criminal investigation.
In all counties, in cases of apparent suicide, homicide, or
accidental death or in other cases, within the discretion of
the coroner, the coroner may summon 8 persons of lawful age
from those persons drawn for petit jurors in the county. The
summons shall command these persons to present themselves
personally at such a place and time as the coroner shall
determine, and may be in any form which the coroner shall
determine and may incorporate any reasonable form of request
for acknowledgement which the coroner deems practical and
provides a reliable proof of service. The summons may be served
by first class mail. From the 8 persons so summoned, the
coroner shall select 6 to serve as the jury for the inquest.
Inquests may be continued from time to time, as the coroner may
deem necessary. The 6 jurors selected in a given case may view
the body of the deceased. If at any continuation of an inquest
one or more of the original jurors shall be unable to continue
to serve, the coroner shall fill the vacancy or vacancies. A
juror serving pursuant to this paragraph shall receive
compensation from the county at the same rate as the rate of

compensation that is paid to petit or grand jurors in the
county. The coroner shall furnish to each juror without fee at
the time of his discharge a certificate of the number of days
in attendance at an inquest, and, upon being presented with
such certificate, the county treasurer shall pay to the juror
the sum provided for his services.
In counties which have a jury commission, in cases of
apparent suicide or homicide or of accidental death, the
coroner may conduct an inquest. The jury commission shall
provide at least 8 jurors to the coroner, from whom the coroner
shall select any 6 to serve as the jury for the inquest.
Inquests may be continued from time to time as the coroner may
deem necessary. The 6 jurors originally chosen in a given case
may view the body of the deceased. If at any continuation of an
inquest one or more of the 6 jurors originally chosen shall be
unable to continue to serve, the coroner shall fill the vacancy
or vacancies. At the coroner's discretion, additional jurors to
fill such vacancies shall be supplied by the jury commission. A
juror serving pursuant to this paragraph in such county shall
receive compensation from the county at the same rate as the
rate of compensation that is paid to petit or grand jurors in
the county.
In every case in which a fire is determined to be a
contributing factor in a death, the coroner shall report the
death to the Office of the State Fire Marshal. The coroner
shall provide a copy of the death certificate (i) within 30

days after filing the permanent death certificate and (ii) in a
manner that is agreed upon by the coroner and the State Fire
Marshal.
In every case in which a drug overdose is determined to be
the cause or a contributing factor in the death, the coroner or
medical examiner shall report the death to the Department of
Public Health. The Department of Public Health shall adopt
rules regarding specific information that must be reported in
the event of such a death. If possible, the coroner shall
report the cause of the overdose. As used in this Section,
"overdose" has the same meaning as it does in Section 414 of
the Illinois Controlled Substances Act. The Department of
Public Health shall issue a semiannual report to the General
Assembly summarizing the reports received. The Department
shall also provide on its website a monthly report of overdose
death figures organized by location, age, and any other
factors, the Department deems appropriate.
In addition, in every case in which domestic violence is
determined to be a contributing factor in a death, the coroner
shall report the death to the Department of State Police.
All deaths in State institutions and all deaths of wards of
the State in private care facilities or in programs funded by
the Department of Human Services under its powers relating to
mental health and developmental disabilities or alcoholism and
substance abuse or funded by the Department of Children and
Family Services shall be reported to the coroner of the county

in which the facility is located. If the coroner has reason to
believe that an investigation is needed to determine whether
the death was caused by maltreatment or negligent care of the
ward of the State, the coroner may conduct a preliminary
investigation of the circumstances of such death as in cases of
death under circumstances set forth in paragraphs (a) through
(e) of this Section.
(Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; revised
10-20-15.)
(55 ILCS 5/3-8007) (from Ch. 34, par. 3-8007)
Sec. 3-8007. Duties and jurisdiction of commission. The
Merit Commission shall have the duties, pursuant to recognized
merit principles of public employment, of certification for
employment and promotion, and, upon complaint of the sheriff or
State's Attorney states attorney as limited in this Division,
to discipline or discharge as the circumstances may warrant.
All full time deputy sheriffs shall be under the jurisdiction
of this Act and the county board may provide that other
positions, including jail officers, as defined in "An Act to
revise the law in relation to jails and jailers", approved
March 3, 1874, as now or hereafter amended (repealed), shall be
under the jurisdiction of the Commission. There may be exempted
from coverage by resolution of the county board a "chief
deputy" or "chief deputies" who shall be vested with all
authorities granted to deputy sheriffs pursuant to Section

3-6015. "Chief Deputy" or "Chief Deputies" as used in this
Section include the personal assistant or assistants of the
sheriff whether titled "chief deputy", "undersheriff" "under
sheriff", or "administrative assistant".
(Source: P.A. 86-962; revised 11-9-15.)
(55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
Sec. 3-9005. Powers and duties of State's attorney.
(a) The duty of each State's attorney shall be:
(1) To commence and prosecute all actions, suits,
indictments and prosecutions, civil and criminal, in the
circuit court for his county, in which the people of the
State or county may be concerned.
(2) To prosecute all forfeited bonds and
recognizances, and all actions and proceedings for the
recovery of debts, revenues, moneys, fines, penalties and
forfeitures accruing to the State or his county, or to any
school district or road district in his county; also, to
prosecute all suits in his county against railroad or
transportation companies, which may be prosecuted in the
name of the People of the State of Illinois.
(3) To commence and prosecute all actions and
proceedings brought by any county officer in his official
capacity.
(4) To defend all actions and proceedings brought
against his county, or against any county or State officer,

in his official capacity, within his county.
(5) To attend the examination of all persons brought
before any judge on habeas corpus, when the prosecution is
in his county.
(6) To attend before judges and prosecute charges of
felony or misdemeanor, for which the offender is required
to be recognized to appear before the circuit court, when
in his power so to do.
(7) To give his opinion, without fee or reward, to any
county officer in his county, upon any question or law
relating to any criminal or other matter, in which the
people or the county may be concerned.
(8) To assist the attorney general whenever it may be
necessary, and in cases of appeal from his county to the
Supreme Court, to which it is the duty of the attorney
general to attend, he shall furnish the attorney general at
least 10 days before such is due to be filed, a manuscript
of a proposed statement, brief and argument to be printed
and filed on behalf of the people, prepared in accordance
with the rules of the Supreme Court. However, if such
brief, argument or other document is due to be filed by law
or order of court within this 10-day 10 day period, then
the State's attorney shall furnish such as soon as may be
reasonable.
(9) To pay all moneys received by him in trust, without
delay, to the officer who by law is entitled to the custody

thereof.
(10) To notify, by first class mail, complaining
witnesses of the ultimate disposition of the cases arising
from an indictment or an information.
(11) To perform such other and further duties as may,
from time to time, be enjoined on him by law.
(12) To appear in all proceedings by collectors of
taxes against delinquent taxpayers for judgments to sell
real estate, and see that all the necessary preliminary
steps have been legally taken to make the judgment legal
and binding.
(13) To notify, by first-class mail, the State
Superintendent of Education, the applicable regional
superintendent of schools, and the superintendent of the
employing school district or the chief school
administrator of the employing nonpublic school, if any,
upon the conviction of any individual known to possess a
certificate or license issued pursuant to Article 21 or
21B, respectively, of the School Code of any offense set
forth in Section 21B-80 of the School Code or any other
felony conviction, providing the name of the certificate
holder, the fact of the conviction, and the name and
location of the court where the conviction occurred. The
certificate holder must also be contemporaneously sent a
copy of the notice.
(b) The State's Attorney of each county shall have

authority to appoint one or more special investigators to serve
subpoenas and , summonses, make return of process, and conduct
investigations which assist the State's Attorney in the
performance of his duties. In counties of the first and second
class, the fees for service of subpoenas and summonses are
allowed by this Section and shall be consistent with those set
forth in Section 4-5001 of this Act, except when increased by
county ordinance as provided for in Section 4-5001. In counties
of the third class, the fees for service of subpoenas and
summonses are allowed by this Section and shall be consistent
with those set forth in Section 4-12001 of this Act. A special
investigator shall not carry firearms except with permission of
the State's Attorney and only while carrying appropriate
identification indicating his employment and in the
performance of his assigned duties.
Subject to the qualifications set forth in this subsection,
special investigators shall be peace officers and shall have
all the powers possessed by investigators under the State's
Attorneys Appellate Prosecutor's Act.
No special investigator employed by the State's Attorney
shall have peace officer status or exercise police powers
unless he or she successfully completes the basic police
training course mandated and approved by the Illinois Law
Enforcement Training Standards Board or such board waives the
training requirement by reason of the special investigator's
prior law enforcement experience or training or both. Any

State's Attorney appointing a special investigator shall
consult with all affected local police agencies, to the extent
consistent with the public interest, if the special
investigator is assigned to areas within that agency's
jurisdiction.
Before a person is appointed as a special investigator, his
fingerprints shall be taken and transmitted to the Department
of State Police. The Department shall examine its records and
submit to the State's Attorney of the county in which the
investigator seeks appointment any conviction information
concerning the person on file with the Department. No person
shall be appointed as a special investigator if he has been
convicted of a felony or other offense involving moral
turpitude. A special investigator shall be paid a salary and be
reimbursed for actual expenses incurred in performing his
assigned duties. The county board shall approve the salary and
actual expenses and appropriate the salary and expenses in the
manner prescribed by law or ordinance.
(c) The State's Attorney may request and receive from
employers, labor unions, telephone companies, and utility
companies location information concerning putative fathers and
noncustodial parents for the purpose of establishing a child's
paternity or establishing, enforcing, or modifying a child
support obligation. In this subsection, "location information"
means information about (i) the physical whereabouts of a
putative father or noncustodial parent, (ii) the putative

father or noncustodial parent's employer, or (iii) the salary,
wages, and other compensation paid and the health insurance
coverage provided to the putative father or noncustodial parent
by the employer of the putative father or noncustodial parent
or by a labor union of which the putative father or
noncustodial parent is a member.
(d) For each State fiscal year, the State's Attorney of
Cook County shall appear before the General Assembly and
request appropriations to be made from the Capital Litigation
Trust Fund to the State Treasurer for the purpose of providing
assistance in the prosecution of capital cases in Cook County
and for the purpose of providing assistance to the State in
post-conviction proceedings in capital cases under Article 122
of the Code of Criminal Procedure of 1963 and in relation to
petitions filed under Section 2-1401 of the Code of Civil
Procedure in relation to capital cases. The State's Attorney
may appear before the General Assembly at other times during
the State's fiscal year to request supplemental appropriations
from the Trust Fund to the State Treasurer.
(e) The State's Attorney shall have the authority to enter
into a written agreement with the Department of Revenue for
pursuit of civil liability under subsection (E) of Section 17-1
of the Criminal Code of 2012 against persons who have issued to
the Department checks or other orders in violation of the
provisions of paragraph (1) of subsection (B) of Section 17-1
of the Criminal Code of 2012, with the Department to retain the

amount owing upon the dishonored check or order along with the
dishonored check fee imposed under the Uniform Penalty and
Interest Act, with the balance of damages, fees, and costs
collected under subsection (E) of Section 17-1 of the Criminal
Code of 2012 or under Section 17-1a of that Code to be retained
by the State's Attorney. The agreement shall not affect the
allocation of fines and costs imposed in any criminal
prosecution.
(Source: P.A. 99-169, eff. 7-28-15; revised 11-9-15.)
(55 ILCS 5/5-1006.5)
Sec. 5-1006.5. Special County Retailers' Occupation Tax
For Public Safety, Public Facilities, or Transportation.
(a) The county board of any county may impose a tax upon
all persons engaged in the business of selling tangible
personal property, other than personal property titled or
registered with an agency of this State's government, at retail
in the county on the gross receipts from the sales made in the
course of business to provide revenue to be used exclusively
for public safety, public facility, or transportation purposes
in that county, if a proposition for the tax has been submitted
to the electors of that county and approved by a majority of
those voting on the question. If imposed, this tax shall be
imposed only in one-quarter percent increments. By resolution,
the county board may order the proposition to be submitted at
any election. If the tax is imposed for transportation purposes

for expenditures for public highways or as authorized under the
Illinois Highway Code, the county board must publish notice of
the existence of its long-range highway transportation plan as
required or described in Section 5-301 of the Illinois Highway
Code and must make the plan publicly available prior to
approval of the ordinance or resolution imposing the tax. If
the tax is imposed for transportation purposes for expenditures
for passenger rail transportation, the county board must
publish notice of the existence of its long-range passenger
rail transportation plan and must make the plan publicly
available prior to approval of the ordinance or resolution
imposing the tax.
If a tax is imposed for public facilities purposes, then
the name of the project may be included in the proposition at
the discretion of the county board as determined in the
enabling resolution. For example, the "XXX Nursing Home" or the
"YYY Museum".
The county clerk shall certify the question to the proper
election authority, who shall submit the proposition at an
election in accordance with the general election law.
(1) The proposition for public safety purposes shall be
in substantially the following form:
"To pay for public safety purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate)?"
As additional information on the ballot below the

question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail."
The county board may also opt to establish a sunset
provision at which time the additional sales tax would
cease being collected, if not terminated earlier by a vote
of the county board. If the county board votes to include a
sunset provision, the proposition for public safety
purposes shall be in substantially the following form:
"To pay for public safety purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate) for a period not to
exceed (insert number of years)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail. If imposed,
the additional tax would cease being collected at the end
of (insert number of years), if not terminated earlier by a
vote of the county board."
For the purposes of the paragraph, "public safety
purposes" means crime prevention, detention, fire
fighting, police, medical, ambulance, or other emergency
services.

Votes shall be recorded as "Yes" or "No".
Beginning on the January 1 or July 1, whichever is first,
that occurs not less than 30 days after May 31, 2015 (the
effective date of Public Act 99-4) this amendatory Act of the
99th General Assembly, Adams County may impose a public safety
retailers' occupation tax and service occupation tax at the
rate of 0.25%, as provided in the referendum approved by the
voters on April 7, 2015, notwithstanding the omission of the
additional information that is otherwise required to be printed
on the ballot below the question pursuant to this item (1).
(2) The proposition for transportation purposes shall
be in substantially the following form:
"To pay for improvements to roads and other
transportation purposes, shall (name of county) be
authorized to impose an increase on its share of local
sales taxes by (insert rate)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail."
The county board may also opt to establish a sunset
provision at which time the additional sales tax would
cease being collected, if not terminated earlier by a vote
of the county board. If the county board votes to include a
sunset provision, the proposition for transportation

purposes shall be in substantially the following form:
"To pay for road improvements and other transportation
purposes, shall (name of county) be authorized to impose an
increase on its share of local sales taxes by (insert rate)
for a period not to exceed (insert number of years)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail. If imposed,
the additional tax would cease being collected at the end
of (insert number of years), if not terminated earlier by a
vote of the county board."
For the purposes of this paragraph, transportation
purposes means construction, maintenance, operation, and
improvement of public highways, any other purpose for which
a county may expend funds under the Illinois Highway Code,
and passenger rail transportation.
The votes shall be recorded as "Yes" or "No".
(3) The proposition for public facilities purposes
shall be in substantially the following form:
"To pay for public facilities purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate)?"
As additional information on the ballot below the
question shall appear the following:

"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail."
The county board may also opt to establish a sunset
provision at which time the additional sales tax would
cease being collected, if not terminated earlier by a vote
of the county board. If the county board votes to include a
sunset provision, the proposition for public facilities
purposes shall be in substantially the following form:
"To pay for public facilities purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate) for a period not to
exceed (insert number of years)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail. If imposed,
the additional tax would cease being collected at the end
of (insert number of years), if not terminated earlier by a
vote of the county board."
For purposes of this Section, "public facilities
purposes" means the acquisition, development,
construction, reconstruction, rehabilitation, improvement,
financing, architectural planning, and installation of
capital facilities consisting of buildings, structures,

and durable equipment and for the acquisition and
improvement of real property and interest in real property
required, or expected to be required, in connection with
the public facilities, for use by the county for the
furnishing of governmental services to its citizens,
including but not limited to museums and nursing homes.
The votes shall be recorded as "Yes" or "No".
If a majority of the electors voting on the proposition
vote in favor of it, the county may impose the tax. A county
may not submit more than one proposition authorized by this
Section to the electors at any one time.
This additional 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 which has been prepared for immediate consumption) and
prescription and non-prescription medicines, drugs, medical
appliances and insulin, urine testing materials, syringes, and
needles used by diabetics. The tax imposed by a county under
this Section and all civil penalties that may be assessed as an
incident of the tax shall be collected and enforced by the
Illinois Department of Revenue and deposited into a special
fund created for that purpose. 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 without registering
separately with the Department under an ordinance or resolution

under this Section. The Department has full power to administer
and enforce this Section, to collect all taxes and penalties
due under this Section, to dispose of taxes and penalties so
collected in the manner provided in this Section, and to
determine all rights to credit memoranda arising on account of
the erroneous payment of a tax or penalty under this Section.
In the administration of and compliance with this Section, the
Department and persons who are subject to this Section shall
(i) have the same rights, remedies, privileges, immunities,
powers, and duties, (ii) be subject to the same conditions,
restrictions, limitations, penalties, and definitions of
terms, and (iii) employ the same modes of procedure as are
prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
1n, 2 through 2-70 (in respect to all provisions contained in
those Sections other than the State rate of tax), 2a, 2b, 2c, 3
(except provisions relating to transaction returns and quarter
monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13
of the Retailers' Occupation Tax Act and Section 3-7 of the
Uniform Penalty and Interest Act as if those provisions were
set forth in this Section.
Persons subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
sellers' tax liability 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 bracketed
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 County Public Safety or Transportation
Retailers' Occupation Tax Fund.
(b) If a tax has been imposed under subsection (a), a
service occupation tax shall also be imposed at the same rate
upon all persons engaged, in the county, in the business of
making sales of service, who, as an incident to making those
sales of service, transfer tangible personal property within
the county as an incident to a sale of service. This tax may
not be imposed on 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 prepared for
immediate consumption) and prescription and non-prescription
medicines, drugs, medical appliances and insulin, urine
testing materials, syringes, and needles used by diabetics. The
tax imposed under this subsection and all civil penalties that
may be assessed as an incident thereof shall be collected and
enforced by the Department of Revenue. The Department has full
power to administer and enforce this subsection; 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 subsection, the
Department and persons who are subject to this paragraph shall
(i) have the same rights, remedies, privileges, immunities,
powers, and duties, (ii) be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions,
and definitions of terms, and (iii) employ the same modes of
procedure as are prescribed in Sections 2 (except that the
reference to State in the definition of supplier maintaining a
place of business in this State shall mean the county), 2a, 2b,
2c, 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 county), 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 county), 9 (except as
to the disposition of taxes and penalties collected), 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 county), Section 15, 16, 17, 18, 19
and 20 of the Service Occupation Tax Act and Section 3-7 of the
Uniform Penalty and Interest Act, as fully as if those
provisions were set forth herein.
Persons subject to any tax imposed under the authority

granted in this subsection may reimburse themselves for their
serviceman's tax liability by separately stating the tax as an
additional charge, which charge may be stated in combination,
in a single amount, with State tax that servicemen are
authorized to collect under the Service Use Tax Act, in
accordance with such bracket schedules as the Department may
prescribe.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing 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 the County Public Safety or Transportation
Retailers' Occupation Fund.
Nothing in this subsection shall be construed to authorize
the county 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.
(c) The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected under this Section to be deposited into the County
Public Safety or Transportation Retailers' Occupation Tax
Fund, which shall be an unappropriated 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 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 the counties from which
retailers have paid taxes or penalties to the Department during
the second preceding calendar month. The amount to be paid to
each county, and deposited by the county into its special fund
created for the purposes of this Section, 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 (i) an amount equal to the amount of
refunds made during the second preceding calendar month by the
Department on behalf of the county, (ii) 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 county, and (iii) any amounts that are transferred
to the STAR Bonds Revenue Fund. Within 10 days after receipt by

the Comptroller of the disbursement certification to the
counties provided for in this Section to be given to the
Comptroller by the Department, the Comptroller shall cause the
orders to be drawn for the respective amounts in accordance
with directions contained in the certification.
In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in March of each year to
each county that received more than $500,000 in disbursements
under the preceding paragraph in the preceding calendar year.
The allocation shall be in an amount equal to the average
monthly distribution made to each such county under the
preceding paragraph during the preceding calendar year
(excluding the 2 months of highest receipts). The distribution
made in March of each year subsequent to the year in which an
allocation was made pursuant to this paragraph and the
preceding paragraph shall be reduced by the amount allocated
and disbursed under this paragraph in the preceding calendar
year. The Department shall prepare and certify to the
Comptroller for disbursement the allocations made in
accordance with this paragraph.
A county may direct, by ordinance, that all or a portion of
the taxes and penalties collected under the Special County
Retailers' Occupation Tax For Public Safety or Transportation
be deposited into the Transportation Development Partnership
Trust Fund.
(d) For the purpose of determining the local governmental

unit whose tax is applicable, a retail sale by a producer of
coal or another 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 another mineral when it is delivered or shipped by the
seller to the purchaser at a point outside Illinois so that the
sale is exempt under the United States Constitution as a sale
in interstate or foreign commerce.
(e) Nothing in this Section shall be construed to authorize
a county 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.
(e-5) If a county imposes a tax under this Section, the
county board may, by ordinance, discontinue or lower the rate
of the tax. If the county board lowers the tax rate or
discontinues the tax, a referendum must be held in accordance
with subsection (a) of this Section in order to increase the
rate of the tax or to reimpose the discontinued tax.
(f) Beginning April 1, 1998 and through December 31, 2013,
the results of any election authorizing a proposition to impose
a tax under this Section or effecting a change in the rate of
tax, or any ordinance lowering the rate or discontinuing the
tax, shall be certified by the county clerk and filed with the
Illinois Department of Revenue either (i) on or before the
first day of April, whereupon the Department shall proceed to
administer and enforce the tax as of the first day of July next

following the filing; or (ii) on or before the first day of
October, whereupon the Department shall proceed to administer
and enforce the tax as of the first day of January next
following the filing.
Beginning January 1, 2014, the results of any election
authorizing a proposition to impose a tax under this Section or
effecting an increase in the rate of tax, along with the
ordinance adopted to impose the tax or increase the rate of the
tax, or any ordinance adopted to lower the rate or discontinue
the tax, shall be certified by the county clerk and filed with
the Illinois Department of Revenue either (i) on or before the
first day of May, whereupon the Department shall proceed to
administer and enforce the tax as of the first day of July next
following the adoption and filing; or (ii) on or before the
first day of October, whereupon the Department shall proceed to
administer and enforce the tax as of the first day of January
next following the adoption and filing.
(g) When certifying the amount of a monthly disbursement to
a county under this Section, the Department shall increase or
decrease the amounts by an amount necessary to offset any
miscalculation of previous disbursements. The offset amount
shall be the amount erroneously disbursed within the previous 6
months from the time a miscalculation is discovered.
(h) This Section may be cited as the "Special County
Occupation Tax For Public Safety, Public Facilities, or
Transportation Law".

(i) For purposes of this Section, "public safety" includes,
but is not limited to, crime prevention, detention, fire
fighting, police, medical, ambulance, or other emergency
services. The county may share tax proceeds received under this
Section for public safety purposes, including proceeds
received before August 4, 2009 (the effective date of Public
Act 96-124), with any fire protection district located in the
county. For the purposes of this Section, "transportation"
includes, but is not limited to, the construction, maintenance,
operation, and improvement of public highways, any other
purpose for which a county may expend funds under the Illinois
Highway Code, and passenger rail transportation. For the
purposes of this Section, "public facilities purposes"
includes, but is not limited to, the acquisition, development,
construction, reconstruction, rehabilitation, improvement,
financing, architectural planning, and installation of capital
facilities consisting of buildings, structures, and durable
equipment and for the acquisition and improvement of real
property and interest in real property required, or expected to
be required, in connection with the public facilities, for use
by the county for the furnishing of governmental services to
its citizens, including but not limited to museums and nursing
homes.
(j) The Department may promulgate rules to implement Public
Act 95-1002 only to the extent necessary to apply the existing
rules for the Special County Retailers' Occupation Tax for

Public Safety to this new purpose for public facilities.
(Source: P.A. 98-584, eff. 8-27-13; 99-4, eff. 5-31-15; 99-217,
eff. 7-31-15; revised 11-6-15.)
(55 ILCS 5/5-1006.7)
Sec. 5-1006.7. School facility occupation taxes.
(a) In any county, a tax shall be imposed upon all persons
engaged in the business of selling tangible personal property,
other than personal property titled or registered with an
agency of this State's government, at retail in the county on
the gross receipts from the sales made in the course of
business to provide revenue to be used exclusively for school
facility purposes if a proposition for the tax has been
submitted to the electors of that county and approved by a
majority of those voting on the question as provided in
subsection (c). The tax under this Section shall be imposed
only in one-quarter percent increments and may not exceed 1%.
This additional tax may not be imposed on the sale of food
for human consumption that is to be consumed off the premises
where it is sold (other than alcoholic beverages, soft drinks,
and food that has been prepared for immediate consumption) and
prescription and non-prescription medicines, drugs, medical
appliances and insulin, urine testing materials, syringes and
needles used by diabetics. The Department of Revenue has 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 a tax or penalty
under this subsection. The Department shall deposit all taxes
and penalties collected under this subsection into a special
fund created for that purpose.
In the administration of and compliance with this
subsection, the Department and persons who are subject to this
subsection (i) have the same rights, remedies, privileges,
immunities, powers, and duties, (ii) are subject to the same
conditions, restrictions, limitations, penalties, and
definitions of terms, and (iii) shall employ the same modes of
procedure as are set forth in Sections 1 through 1o, 2 through
2-70 (in respect to all provisions contained in those Sections
other than the State rate of tax), 2a through 2h, 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, 11a, 12, and 13 of the Retailers' Occupation
Tax Act and all provisions of the Uniform Penalty and Interest
Act as if those provisions were set forth in this subsection.
The certificate of registration that is issued by the
Department to a retailer under the Retailers' Occupation Tax
Act permits the retailer to engage in a business that is
taxable without registering separately with the Department
under an ordinance or resolution under this subsection.
Persons subject to any tax imposed under the authority

granted in this subsection may reimburse themselves for their
seller's tax liability by separately stating that tax as an
additional charge, which may be stated in combination, in a
single amount, with State tax that sellers are required to
collect under the Use Tax Act, pursuant to any bracketed
schedules set forth by the Department.
(b) If a tax has been imposed under subsection (a), then a
service occupation tax must also be imposed at the same rate
upon all persons engaged, in the county, in the business of
making sales of service, who, as an incident to making those
sales of service, transfer tangible personal property within
the county as an incident to a sale of service.
This tax may not be imposed on 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
prepared for immediate consumption) and prescription and
non-prescription medicines, drugs, medical appliances and
insulin, urine testing materials, syringes, and needles used by
diabetics.
The tax imposed under this subsection and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the Department and deposited into a
special fund created for that purpose. The Department has 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 a 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 (i) have the same rights, remedies,
privileges, immunities, powers and duties, (ii) be subject to
the same conditions, restrictions, limitations, penalties and
definition of terms, and (iii) employ the same modes of
procedure as are set forth in Sections 2 (except that that
reference to State in the definition of supplier maintaining a
place of business in this State means the county), 2a through
2d, 3 through 3-50 (in respect to all provisions contained in
those Sections other than the State rate of tax), 4 (except
that the reference to the State shall be to the county), 5, 7,
8 (except that the jurisdiction to which the tax is a debt to
the extent indicated in that Section 8 is the county), 9
(except as to the disposition of taxes and penalties
collected), 10, 11, 12 (except the reference therein to Section
2b of the Retailers' Occupation Tax Act), 13 (except that any
reference to the State means the county), Section 15, 16, 17,
18, 19, and 20 of the Service Occupation Tax Act and all
provisions of the Uniform Penalty and Interest Act, as fully as
if those provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their

serviceman's tax liability by separately stating the tax as an
additional charge, which may be stated in combination, in a
single amount, with State tax that servicemen are authorized to
collect under the Service Use Tax Act, pursuant to any
bracketed schedules set forth by the Department.
(c) The tax under this Section may not be imposed until the
question of imposing the tax has been submitted to the electors
of the county at a regular election and approved by a majority
of the electors voting on the question. For all regular
elections held prior to August 23, 2011 (the effective date of
Public Act 97-542) this amendatory Act of the 97th General
Assembly, upon a resolution by the county board or a resolution
by school district boards that represent at least 51% of the
student enrollment within the county, the county board must
certify the question to the proper election authority in
accordance with the Election Code.
For all regular elections held prior to August 23, 2011
(the effective date of Public Act 97-542) this amendatory Act
of the 97th General Assembly, the election authority must
submit the question in substantially the following form:
Shall (name of county) be authorized to impose a
retailers' occupation tax and a service occupation tax
(commonly referred to as a "sales tax") at a rate of
(insert rate) to be used exclusively for school facility
purposes?
The election authority must record the votes as "Yes" or "No".

If a majority of the electors voting on the question vote
in the affirmative, then the county may, thereafter, impose the
tax.
For all regular elections held on or after August 23, 2011
(the effective date of Public Act 97-542) this amendatory Act
of the 97th General Assembly, the regional superintendent of
schools for the county must, upon receipt of a resolution or
resolutions of school district boards that represent more than
50% of the student enrollment within the county, certify the
question to the proper election authority for submission to the
electors of the county at the next regular election at which
the question lawfully may be submitted to the electors, all in
accordance with the Election Code.
For all regular elections held on or after August 23, 2011
(the effective date of Public Act 97-542) this amendatory Act
of the 97th General Assembly, the election authority must
submit the question in substantially the following form:
Shall a retailers' occupation tax and a service
occupation tax (commonly referred to as a "sales tax") be
imposed in (name of county) at a rate of (insert rate) to
be used exclusively for school facility purposes?
The election authority must record the votes as "Yes" or "No".
If a majority of the electors voting on the question vote
in the affirmative, then the tax shall be imposed at the rate
set forth in the question.
For the purposes of this subsection (c), "enrollment" means

the head count of the students residing in the county on the
last school day of September of each year, which must be
reported on the Illinois State Board of Education Public School
Fall Enrollment/Housing Report.
(d) The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected under this Section to be deposited into the School
Facility Occupation Tax Fund, which shall be an unappropriated
trust fund held outside the State treasury.
On or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to the regional
superintendents of schools in counties from which retailers or
servicemen have paid taxes or penalties to the Department
during the second preceding calendar month. The amount to be
paid to each regional superintendent of schools and disbursed
to him or her in accordance with Section 3-14.31 of the School
Code, is equal to the amount (not including credit memoranda)
collected from the county under this Section during the second
preceding calendar month by the Department, (i) less 2% of that
amount, which shall be deposited into the Tax Compliance and
Administration Fund and shall be used by the Department,
subject to appropriation, to cover the costs of the Department
in administering and enforcing the provisions of this Section,
on behalf of the county, (ii) plus an amount that the
Department determines is necessary to offset any amounts that

were erroneously paid to a different taxing body; (iii) less an
amount equal to the amount of refunds made during the second
preceding calendar month by the Department on behalf of the
county; and (iv) less 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 county.
When certifying the amount of a monthly disbursement to a
regional superintendent of schools under this Section, the
Department shall increase or decrease the amounts by an amount
necessary to offset any miscalculation of previous
disbursements within the previous 6 months from the time a
miscalculation is discovered.
Within 10 days after receipt by the Comptroller from the
Department of the disbursement certification to the regional
superintendents of the schools provided for in this Section,
the Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with directions contained in
the certification.
If the Department determines that a refund should be made
under this Section to a claimant instead of issuing a credit
memorandum, then the Department shall notify the 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 Treasurer out of
the School Facility Occupation Tax Fund.
(e) For the purposes of determining the local governmental

unit whose tax is applicable, a retail sale by a producer of
coal or another 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 subsection does not apply to
coal or another mineral when it is delivered or shipped by the
seller to the purchaser at a point outside Illinois so that the
sale is exempt under the United States Constitution as a sale
in interstate or foreign commerce.
(f) Nothing in this Section may be construed to authorize a
tax to be imposed 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.
(g) If a county board imposes a tax under this Section
pursuant to a referendum held before August 23, 2011 (the
effective date of Public Act 97-542) this amendatory Act of the
97th General Assembly at a rate below the rate set forth in the
question approved by a majority of electors of that county
voting on the question as provided in subsection (c), then the
county board may, by ordinance, increase the rate of the tax up
to the rate set forth in the question approved by a majority of
electors of that county voting on the question as provided in
subsection (c). If a county board imposes a tax under this
Section pursuant to a referendum held before August 23, 2011
(the effective date of Public Act 97-542) this amendatory Act
of the 97th General Assembly, then the board may, by ordinance,
discontinue or reduce the rate of the tax. If a tax is imposed

under this Section pursuant to a referendum held on or after
August 23, 2011 (the effective date of Public Act 97-542) this
amendatory Act of the 97th General Assembly, then the county
board may reduce or discontinue the tax, but only in accordance
with subsection (h-5) of this Section. If, however, a school
board issues bonds that are secured by the proceeds of the tax
under this Section, then the county board may not reduce the
tax rate or discontinue the tax if that rate reduction or
discontinuance would adversely affect the school board's
ability to pay the principal and interest on those bonds as
they become due or necessitate the extension of additional
property taxes to pay the principal and interest on those
bonds. If the county board reduces the tax rate or discontinues
the tax, then a referendum must be held in accordance with
subsection (c) of this Section in order to increase the rate of
the tax or to reimpose the discontinued tax.
Until January 1, 2014, the results of any election that
imposes, reduces, or discontinues a tax under this Section must
be certified by the election authority, and any ordinance that
increases or lowers the rate or discontinues the tax must be
certified by the county clerk and, in each case, filed with the
Illinois Department of Revenue either (i) on or before the
first day of April, whereupon the Department shall proceed to
administer and enforce the tax or change in the rate as of the
first day of July next following the filing; or (ii) on or
before the first day of October, whereupon the Department shall

proceed to administer and enforce the tax or change in the rate
as of the first day of January next following the filing.
Beginning January 1, 2014, the results of any election that
imposes, reduces, or discontinues a tax under this Section must
be certified by the election authority, and any ordinance that
increases or lowers the rate or discontinues the tax must be
certified by the county clerk and, in each case, filed with the
Illinois Department of Revenue either (i) on or before the
first day of May, whereupon the Department shall proceed to
administer and enforce the tax or change in the rate as of the
first day of July next following the filing; or (ii) on or
before the first day of October, whereupon the Department shall
proceed to administer and enforce the tax or change in the rate
as of the first day of January next following the filing.
(h) For purposes of this Section, "school facility
purposes" means (i) the acquisition, development,
construction, reconstruction, rehabilitation, improvement,
financing, architectural planning, and installation of capital
facilities consisting of buildings, structures, and durable
equipment and for the acquisition and improvement of real
property and interest in real property required, or expected to
be required, in connection with the capital facilities and (ii)
the payment of bonds or other obligations heretofore or
hereafter issued, including bonds or other obligations
heretofore or hereafter issued to refund or to continue to
refund bonds or other obligations issued, for school facility

purposes, provided that the taxes levied to pay those bonds are
abated by the amount of the taxes imposed under this Section
that are used to pay those bonds. "School-facility purposes"
also includes fire prevention, safety, energy conservation,
accessibility, school security, and specified repair purposes
set forth under Section 17-2.11 of the School Code.
(h-5) A county board in a county where a tax has been
imposed under this Section pursuant to a referendum held on or
after August 23, 2011 (the effective date of Public Act 97-542)
this amendatory Act of the 97th General Assembly may, by
ordinance or resolution, submit to the voters of the county the
question of reducing or discontinuing the tax. In the ordinance
or resolution, the county board shall certify the question to
the proper election authority in accordance with the Election
Code. The election authority must submit the question in
substantially the following form:
Shall the school facility retailers' occupation tax
and service occupation tax (commonly referred to as the
"school facility sales tax") currently imposed in (name of
county) at a rate of (insert rate) be (reduced to (insert
rate))(discontinued)?
If a majority of the electors voting on the question vote in
the affirmative, then, subject to the provisions of subsection
(g) of this Section, the tax shall be reduced or discontinued
as set forth in the question.
(i) This Section does not apply to Cook County.

(j) This Section may be cited as the County School Facility
Occupation Tax Law.
(Source: P.A. 98-584, eff. 8-27-13; 99-143, eff. 7-27-15;
99-217, eff. 7-31-15; revised 11-6-15.)
(55 ILCS 5/5-12020)
Sec. 5-12020. Wind farms. Notwithstanding any other
provision of law, a county may establish standards for wind
farms and electric-generating wind devices. The standards may
include, without limitation, the height of the devices and the
number of devices that may be located within a geographic area.
A county may also regulate the siting of wind farms and
electric-generating wind devices in unincorporated areas of
the county outside of the zoning jurisdiction of a municipality
and the 1.5 mile radius surrounding the zoning jurisdiction of
a municipality. There shall be at least one public hearing not
more than 30 days prior to a siting decision by the county
board. Notice of the hearing shall be published in a newspaper
of general circulation in the county. A commercial wind energy
facility owner, as defined in the Wind Energy Facilities
Agricultural Impact Mitigation Act, must enter into an
agricultural impact mitigation agreement with the Department
of Agriculture prior to the date of the required public
hearing. A commercial wind energy facility owner seeking an
extension of a permit granted by a county prior to July 24,
2015 (the effective date of Public Act 99-132) this amendatory

Act of the 99th General Assembly must enter into an
agricultural impact mitigation agreement with the Department
of Agriculture prior to a decision by the county to grant the
permit extension. Counties may allow test wind towers to be
sited without formal approval by the county board. Any
provision of a county zoning ordinance pertaining to wind farms
that is in effect before August 16, 2007 (the effective date of
Public Act 95-203) this amendatory Act of the 95th General
Assembly may continue in effect notwithstanding any
requirements of this Section.
A county may not require a wind tower or other renewable
energy system that is used exclusively by an end user to be
setback more than 1.1 times the height of the renewable energy
system from the end user's property line.
(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
revised 11-6-15.)
(55 ILCS 5/6-1003) (from Ch. 34, par. 6-1003)
Sec. 6-1003. Further appropriations barred; transfers.
After the adoption of the county budget, no further
appropriations shall be made at any other time during such
fiscal year, except as provided in this Division.
Appropriations in excess of those authorized by the budget in
order to meet an immediate emergency may be made at any meeting
of the board by a two-thirds vote of all the members
constituting such board, the vote to be taken by ayes and nays

and entered on the record of the meeting. After the adoption of
the county budget, transfers of appropriations may be made
without a vote of the board; however, transfers of
appropriations affecting personnel and capital may be made at
any meeting of the board by a two-thirds vote of all the
members constituting such board, the vote to be taken by ayes
and nays and entered on the record of the meeting, provided for
any type of transfer that the total amount appropriated for the
fund is not affected.
(Source: P.A. 99-356, eff. 8-13-15; revised 11-9-15.)
Section 210. The County Economic Development Project Area
Property Tax Allocation Act is amended by changing Section 10
as follows:
(55 ILCS 85/10) (from Ch. 34, par. 7010)
Sec. 10. Conflicts of interests, disclosure. If any member
of the corporate authorities of a county, or any employee or
consultant of the county involved in the planning, analysis,
preparation or administration of an economic development plan
or an economic development project, or any proposed economic
development plan or any proposed economic development project,
owns or controls any interest, direct or indirect, in any
property included in any economic development project area or
proposed economic development project area, he or she shall
disclose the same in writing to the county clerk, which

disclosure shall include the dates, terms and conditions of any
disposition of any such interest. The disclosures shall be
acknowledged by the corporate authorities of the county and
entered upon the official records and files of the corporate
authorities. Any such individual holding any such interest
shall refrain from any further official involvement regarding
such established or proposed economic development project
area, economic development plan or economic development
project, and shall also refrain from form voting on any matter
pertaining to that project, plan or area and from communicating
with any members of the corporate authorities of the county and
no employee of the county shall acquire any interest, direct or
indirect, in any real or personal property or rights or
interest therein within an economic development project area or
a proposed economic development project area after that person
obtains knowledge of the project, plan or area or after the
first public notice of the project, plan or area is given by
the county, whichever shall first occur.
(Source: P.A. 86-1388; revised 11-9-15.)
Section 215. The Illinois Municipal Code is amended by
changing Sections 8-11-1.6 and 11-13-26 as follows:
(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 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 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. Within 10 days
after receipt by the Comptroller of the disbursement

certification to the municipalities provided for in this
Section to be given to the Comptroller by the Department, the
Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with the directions contained
in 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; revised 11-9-15.)
(65 ILCS 5/11-13-26)
Sec. 11-13-26. Wind farms. Notwithstanding any other
provision of law:
(a) A municipality may regulate wind farms and
electric-generating wind devices within its zoning
jurisdiction and within the 1.5 mile radius surrounding its
zoning jurisdiction. There shall be at least one public hearing
not more than 30 days prior to a siting decision by the
corporate authorities of a municipality. Notice of the hearing
shall be published in a newspaper of general circulation in the
municipality. A commercial wind energy facility owner, as
defined in the Wind Energy Facilities Agricultural Impact
Mitigation Act, must enter into an agricultural impact
mitigation agreement with the Department of Agriculture prior
to the date of the required public hearing. A commercial wind
energy facility owner seeking an extension of a permit granted
by a municipality prior to July 24, 2015 (the effective date of
Public Act 99-132) this amendatory Act of the 99th General
Assembly must enter into an agricultural impact mitigation
agreement with the Department of Agriculture prior to a
decision by the municipality to grant the permit extension. A
municipality may allow test wind towers to be sited without
formal approval by the corporate authorities of the

municipality. Test wind towers must be dismantled within 3
years of installation. For the purposes of this Section, "test
wind towers" are wind towers that are designed solely to
collect wind generation data.
(b) A municipality may not require a wind tower or other
renewable energy system that is used exclusively by an end user
to be setback more than 1.1 times the height of the renewable
energy system from the end user's property line. A setback
requirement imposed by a municipality on a renewable energy
system may not be more restrictive than as provided under this
subsection. This subsection is a limitation of home rule powers
and functions 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. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
revised 11-6-15.)
Section 220. The Civic Center Code is amended by changing
Sections 170-50 and 240-50 as follows:
(70 ILCS 200/170-50)
Sec. 170-50. Contracts. All contracts for sale of property
of the value of more than $10,000 or for a an concession in or
lease of property, including air rights, of the Authority for a
term of more than one year shall be awarded to the highest
responsible bidder, after advertising for bids. All

construction contracts and contracts for supplies, materials,
equipment and services, when the expense thereof will exceed
$10,000, shall be let to the lowest responsible bidder, after
advertising for bids, excepting (1) when repair parts,
accessories, equipment or services are required for equipment
or services previously furnished or contracted for; (2) when
the nature of the services required is such that competitive
bidding is not in the best interest of the public, including,
without limiting the generality of the foregoing, the services
of accountants, architects, attorneys, engineers, physicians,
superintendents of construction, and others possessing a high
degree of skill; and (3) when services such as water, light,
heat, power, telephone or telegraph are required.
All contracts involving less than $10,000 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure the
best interests of the public.
In determining the responsibility of any bidder, the Board
may take into account the past record of dealings with the
bidder, the bidder's experience, adequacy of equipment, and
ability to complete performance within the time set, and other
factors besides financial responsibility, but in no case shall
any such contracts be awarded to any other than the highest
bidder (in case of sale, concession or lease) or the lowest
bidder (in case of purchase or expenditure) unless authorized
or approved by a vote of at least three-fourths of the members

of the Board, and unless such action is accompanied by a
statement in writing setting forth the reasons for not awarding
the contract to the highest or lowest bidder, as the case may
be, which statement shall be kept on file in the principal
office of the Authority and open to public inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
Retailers' Occupation Tax Act, there shall be added an amount
equal to the tax which would be payable under said Act, if
applicable, and the lowest in amount of said adjusted bids and
bids for sales the gross receipts of which are taxable under
said Act shall be considered the lowest bid; provided, that, if
said lowest bid relates to a sale not taxable under said Act,
any contract entered into thereon shall be in the amount of the
original bid not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $10,000 for the purposes of avoiding
the provisions of this Section, and all such split contracts
shall be void. If any collusion occurs among bidders or
prospective bidders in restraint of freedom of competition, by
agreement to bid a fixed amount or to refrain from bidding or
otherwise, the bids of such bidders shall be void. Each bidder
shall accompany his bid with a sworn statement that he has not
been a party to any such agreement.
Members of the Board, officers and employees of the

Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 93-491, eff. 1-1-04; revised 10-13-15.)
(70 ILCS 200/240-50)
Sec. 240-50. Contracts. All contracts for sale of property
of the value of more than $10,000 or for a an concession in or
lease of property including air rights, of the Authority for a
term of more than one year shall be awarded to the highest
responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials,
equipment and services, when the expense thereof will exceed
$10,000, shall be let to the lowest responsible bidder, after
advertising for bids, excepting (1) when repair parts,

accessories, equipment or services are required for equipment
or services previously furnished or contracted for; (2) when
the nature of the services required is such that competitive
bidding is not in the best interest of the public, including,
without limiting the generality of the foregoing, the services
of accountants, architects, attorneys, engineers, physicians,
superintendents of construction, and others possessing a high
degree of skill; and (3) when services such as water, light,
heat, power, telephone or telegraph are required.
All contracts involving less than $10,000 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure the
best interests of the public.
In determining the responsibility of any bidder, the Board
may take in account the past record of dealings with the
bidder, experience, adequacy of equipment, ability to complete
performance within the time set, and other factors besides
financial responsibility, but in no case shall any such
contracts be awarded to any other than the highest bidder (in
case of sale, concession or lease) or the lowest bidder (in
case of purchase or expenditure) unless authorized or approved
by the affirmative vote of at least 6 of the members of the
Board present at a meeting at which a quorum is present, and
unless such action is accompanied by a statement in writing
setting forth the reasons for not awarding the contract to the
highest or lowest bidder, as the case may be, which statement

shall be kept on file in the principal office of the Authority
and open to public inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
Retailers' Occupation Tax Act, there shall be added an amount
equal to the tax which would be payable under said Act, if
applicable, and the lowest in amount of said adjusted bids and
bids for sales the gross receipts of which are taxable under
said Act shall be considered the lowest bid; provided, that, if
said lowest bid relates to a sale not taxable under said Act,
any contract entered into thereon shall be in the amount of the
original bid not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $10,000 for the purposes of avoiding
the provisions of this Section, and all such split contracts
shall be void. If any collusion occurs among bidders or
prospective bidders in restraint of freedom of competition, by
agreement to bid a fixed amount or to refrain from bidding or
otherwise, the bids of such bidders shall be void. Each bidder
shall accompany his bid with a sworn statement that he has not
been a party to any such agreement.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for

construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 93-491, eff. 1-1-04; revised 10-13-15.)
Section 225. The Flood Prevention District Act is amended
by changing Section 25 as follows:
(70 ILCS 750/25)
Sec. 25. Flood prevention retailers' and service
occupation taxes.
(a) If the Board of Commissioners of a flood prevention
district determines that an emergency situation exists
regarding levee repair or flood prevention, and upon an
ordinance confirming the determination adopted by the
affirmative vote of a majority of the members of the county
board of the county in which the district is situated, the
county may impose a flood prevention retailers' occupation tax

upon all persons engaged in the business of selling tangible
personal property at retail within the territory of the
district to provide revenue to pay the costs of providing
emergency levee repair and flood prevention and to secure the
payment of bonds, notes, and other evidences of indebtedness
issued under this Act for a period not to exceed 25 years or as
required to repay the bonds, notes, and other evidences of
indebtedness issued under this Act. The tax rate shall be 0.25%
of the gross receipts from all taxable sales made in the course
of that business. The tax imposed 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. The Department shall have full power to administer and
enforce this Section; to collect all 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
subsection, the Department and persons who are subject to this
subsection (i) have the same rights, remedies, privileges,
immunities, powers, and duties, (ii) are subject to the same
conditions, restrictions, limitations, penalties, and
definitions of terms, and (iii) shall employ the same modes of
procedure as are set forth in Sections 1 through 1o, 2 through
2-70 (in respect to all provisions contained in those Sections
other than the State rate of tax), 2a through 2h, 3 (except as

to the disposition of taxes and penalties collected), 4, 5, 5a,
5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9,
10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act
and all provisions of the Uniform Penalty and Interest Act as
if those provisions were set forth in this subsection.
Persons subject to any tax imposed under 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 taxes that sellers are required to collect
under the Use Tax Act, under any bracket schedules the
Department may prescribe.
If a tax is imposed under this subsection (a), a tax shall
also be imposed under subsection (b) of this Section.
(b) If a tax has been imposed under subsection (a), a flood
prevention service occupation tax shall also be imposed upon
all persons engaged within the territory of the district in the
business of making sales of service, who, as an incident to
making the sales of service, transfer tangible personal
property, either in the form of tangible personal property or
in the form of real estate as an incident to a sale of service
to provide revenue to pay the costs of providing emergency
levee repair and flood prevention and to secure the payment of
bonds, notes, and other evidences of indebtedness issued under
this Act for a period not to exceed 25 years or as required to
repay the bonds, notes, and other evidences of indebtedness.

The tax rate shall be 0.25% of the selling price of all
tangible personal property transferred.
The tax imposed under this subsection and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. The
Department shall have full power to administer and enforce this
subsection; to collect all taxes and penalties due hereunder;
to dispose of taxes and penalties 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
subsection, the Department and persons who are subject to this
subsection shall (i) have the same rights, remedies,
privileges, immunities, powers, and duties, (ii) be subject to
the same conditions, restrictions, limitations, penalties, and
definitions of terms, and (iii) employ the same modes of
procedure as are set forth in Sections 2 (except that the
reference to State in the definition of supplier maintaining a
place of business in this State means the district), 2a through
2d, 3 through 3-50 (in respect to all provisions contained in
those Sections other than the State rate of tax), 4 (except
that the reference to the State shall be to the district), 5,
7, 8 (except that the jurisdiction to which the tax is a debt
to the extent indicated in that Section 8 is the district), 9
(except as to the disposition of taxes and penalties

collected), 10, 11, 12 (except the reference therein to Section
2b of the Retailers' Occupation Tax Act), 13 (except that any
reference to the State means the district), Section 15, 16, 17,
18, 19, and 20 of the Service Occupation Tax Act and all
provisions of the Uniform Penalty and Interest Act, as fully as
if those provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
serviceman's tax liability hereunder by separately stating the
tax as an additional charge, that 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
any bracket schedules the Department may prescribe.
(c) The taxes imposed in subsections (a) and (b) may not be
imposed on personal property titled or registered with an
agency of the State; food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption); prescription and
non-prescription medicines, drugs, and medical appliances;
modifications to a motor vehicle for the purpose of rendering
it usable by a person with a disability; or insulin, urine
testing materials, and syringes and needles used by diabetics.
(d) Nothing in this Section shall be construed to authorize
the district 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 the State.
(e) The certificate of registration that is issued by the
Department to a retailer under the Retailers' Occupation Tax
Act or a serviceman under the Service Occupation Tax Act
permits the retailer or serviceman to engage in a business that
is taxable without registering separately with the Department
under an ordinance or resolution under this Section.
(f) The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected under this Section to be deposited into the Flood
Prevention Occupation Tax Fund, which shall be an
unappropriated trust fund held outside the State treasury.
On or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to the counties from which
retailers or servicemen have paid taxes or penalties to the
Department during the second preceding calendar month. The
amount to be paid to each county is equal to the amount (not
including credit memoranda) collected from the county under
this Section during the second preceding calendar month by the
Department, (i) less 2% of that amount, which shall be
deposited into the Tax Compliance and Administration Fund and
shall be used by the Department in administering and enforcing
the provisions of this Section on behalf of the county, (ii)
plus an amount that the Department determines is necessary to
offset any amounts that were erroneously paid to a different

taxing body; (iii) less an amount equal to the amount of
refunds made during the second preceding calendar month by the
Department on behalf of the county; and (iv) less 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 county. When certifying the amount of a
monthly disbursement to a county under this Section, the
Department shall increase or decrease the amounts by an amount
necessary to offset any miscalculation of previous
disbursements within the previous 6 months from the time a
miscalculation is discovered.
Within 10 days after receipt by the Comptroller from the
Department of the disbursement certification to the counties
provided for in this Section, the Comptroller shall cause the
orders to be drawn for the respective amounts in accordance
with directions contained in the certification.
If the Department determines that a refund should be made
under this Section to a claimant instead of issuing a credit
memorandum, then the Department shall notify the 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 Treasurer out of
the Flood Prevention Occupation Tax Fund.
(g) If a county imposes a tax under this Section, then the
county board shall, by ordinance, discontinue the tax upon the
payment of all indebtedness of the flood prevention district.

The tax shall not be discontinued until all indebtedness of the
District has been paid.
(h) Any ordinance imposing the tax under this Section, or
any ordinance that discontinues the tax, must be certified by
the county clerk and filed with the Illinois Department of
Revenue either (i) on or before the first day of April,
whereupon the Department shall proceed to administer and
enforce the tax or change in the rate as of the first day of
July next following the filing; or (ii) on or before the first
day of October, whereupon the Department shall proceed to
administer and enforce the tax or change in the rate as of the
first day of January next following the filing.
(j) County Flood Prevention Occupation Tax Fund. All
proceeds received by a county from a tax distribution under
this Section must be maintained in a special fund known as the
[name of county] flood prevention occupation tax fund. The
county shall, at the direction of the flood prevention
district, use moneys in the fund to pay the costs of providing
emergency levee repair and flood prevention and to pay bonds,
notes, and other evidences of indebtedness issued under this
Act.
(k) This Section may be cited as the Flood Prevention
Occupation Tax Law.
(Source: P.A. 99-143, eff. 7-27-15; 99-217, eff. 7-31-15;
revised 11-6-15.)

Section 230. The Mt. Carmel Regional Port District Act is
amended by changing Section 22 as follows:
(70 ILCS 1835/22) (from Ch. 19, par. 722)
Sec. 22. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office to take effect when his
successor has been appointed and qualified. The Governor may
remove any member of the Board in case of incompetency, neglect
of duty or malfeasance in office. He shall give such member a
copy of the charges against him and an opportunity to be
publicly heard in person or by counsel in his own defense upon
not less than 10 days' day's notice. In case of failure to
qualify within the time required, or of abandonment of his
office, or in case of death, conviction of a felony or removal
from office, the office of such member shall become vacant.
Each vacancy shall be filled for the unexpired term by
appointment in like manner as in case of expiration of the term
of a member of the Board.
(Source: P.A. 76-1788; revised 10-9-15.)
Section 235. The Local Mass Transit District Act is amended
by changing Section 5 as follows:
(70 ILCS 3610/5) (from Ch. 111 2/3, par. 355)
Sec. 5. (a) The Board of Trustees of every District may

establish or acquire any or all manner of mass transit
facility. The Board may engage in the business of
transportation of passengers on scheduled routes and by
contract on nonscheduled routes within the territorial limits
of the counties or municipalities creating the District, by
whatever means it may decide. Its routes may be extended beyond
such territorial limits with the consent of the governing
bodies of the municipalities or counties into which such
operation is extended.
(b) The Board of Trustees of every District may for the
purposes of the District, acquire by gift, purchase, lease,
legacy, condemnation, or otherwise and hold, use, improve,
maintain, operate, own, manage or lease, as lessor or lessee,
such cars, buses, equipment, buildings, structures, real and
personal property, and interests therein, and services, lands
for terminal and other related facilities, improvements and
services, or any interest therein, including all or any part of
the plant, land, buildings, equipment, vehicles, licenses,
franchises, patents, property, service contracts and
agreements of every kind and nature. Real property may be so
acquired if it is situated within or partially within the area
served by the District or if it is outside the area if it is
desirable or necessary for the purposes of the District.
(c) The Board of Trustees of every District which
establishes, provides, or acquires mass transit facilities or
services may contract with any person or corporation or public

or private entity for the operation or provision thereof upon
such terms and conditions as the District shall determine.
(d) The Board of Trustees of every District shall have the
authority to contract for any and all purposes of the District,
including with an interstate transportation authority, or with
another local Mass Transit District or any other municipal,
public, or private corporation entity in the transportation
business including the authority to contract to lease its or
otherwise provide land, buildings, and equipment, and other
related facilities, improvements, and services, for the
carriage of passengers beyond the territorial limits of the
District or to subsidize transit operations by a public or
private or municipal corporation operating entity providing
mass transit facilities.
(e) The Board of Trustees of every District shall have the
authority to establish, alter and discontinue transportation
routes and services and any or all ancillary or supporting
facilities and services, and to establish and amend rate
schedules for the transportation of persons thereon or for the
public or private use thereof which rate schedules shall,
together with any grants, receipts or income from other
sources, be sufficient to pay the expenses of the District, the
repair, maintenance and the safe and adequate operation of its
mass transit facilities and public mass transportation system
and to fulfill the terms of its debts, undertakings, and
obligations.

(f) The Board of Trustees of every District shall have
perpetual succession and shall have the following powers in
addition to any others in this Act granted:
(1) to sue and be sued;
(2) to adopt and use a seal;
(3) to make and execute contracts loans, leases,
subleases, installment purchase agreements, contracts,
notes and other instruments evidencing financial
obligations, and other instruments necessary or convenient
in the exercise of its powers;
(4) to make, amend and repeal bylaws, rules and
regulations not inconsistent with this Act;
(5) to sell, lease, sublease, license, transfer,
convey or otherwise dispose of any of its real or personal
property, or interests therein, in whole or in part, at any
time upon such terms and conditions as it may determine,
with public bidding if the value exceeds $1,000 at
negotiated, competitive, public, or private sale;
(6) to invest funds, not required for immediate
disbursement, in property, agreements, or securities legal
for investment of public funds controlled by savings banks
under applicable law;
(7) to mortgage, pledge, hypothecate or otherwise
encumber all or any part of its real or personal property
or other assets, or interests therein;
(8) to apply for, accept and use grants, loans or other

financial assistance from any private entity or municipal,
county, State or Federal governmental agency or other
public entity;
(9) to borrow money from the United States Government
or any agency thereof, or from any other public or private
source, for the purposes of the District and, as evidence
thereof, to issue its revenue bonds, payable solely from
the revenue derived from the operation of the District.
These bonds may be issued with maturities not exceeding 40
years from the date of the bonds, and in such amounts as
may be necessary to provide sufficient funds, together with
interest, for the purposes of the District. These bonds
shall bear interest at a rate of not more than the maximum
rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract of sale, payable
semi-annually, may be made registerable as to principal,
and may be made payable and callable as provided on any
interest payment date at a price of par and accrued
interest under such terms and conditions as may be fixed by
the ordinance authorizing the issuance of the bonds. Bonds
issued under this Section are negotiable instruments. They
shall be executed by the chairman and members of the Board
of Trustees, attested by the secretary, and shall be sealed
with the corporate seal of the District. In case any
Trustee or officer whose signature appears on the bonds or
coupons ceases to hold that office before the bonds are

delivered, such officer's signature, shall nevertheless be
valid and sufficient for all purposes, the same as though
such officer had remained in office until the bonds were
delivered. The bonds shall be sold in such manner and upon
such terms as the Board of Trustees shall determine, except
that the selling price shall be such that the interest cost
to the District of the proceeds of the bonds shall not
exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract of sale, payable semi-annually, computed to
maturity according to the standard table of bond values.
The ordinance shall fix the amount of revenue bonds
proposed to be issued, the maturity or maturities, the
interest rate, which shall not exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the making of the contract of sale, and all the
details in connection with the bonds. The ordinance may
contain such covenants and restrictions upon the issuance
of additional revenue bonds thereafter, which will share
equally in the revenue of the District, as may be deemed
necessary or advisable for the assurance of the payment of
the bonds first issued. Any District may also provide in
the ordinance authorizing the issuance of bonds under this
Section that the bonds, or such ones thereof as may be
specified, shall, to the extent and in the manner
prescribed, be subordinated and be junior in standing, with

respect to the payment of principal and interest and the
security thereof, to such other bonds as are designated in
the ordinance.
The ordinance shall pledge the revenue derived from the
operations of the District for the purpose of paying the
cost of operation and maintenance of the District, and, as
applicable, providing adequate depreciation funds, and
paying the principal of and interest on the bonds of the
District issued under this Section; .
(10) subject to Section 5.1, to levy a tax on property
within the District at the rate of not to exceed .25% on
the assessed value of such property in the manner provided
in the "The Illinois Municipal Budget Law", approved July
12, 1937, as amended;
(11) to issue tax anticipation warrants;
(12) to contract with any school district in this State
to provide for the transportation of pupils to and from
school within such district pursuant to the provisions of
Section 29-15 of the School Code;
(13) to provide for the insurance of any property,
directors, officers, employees or operations of the
District against any risk or hazard, and to self-insure or
participate in joint self-insurance pools or entities to
insure against such risk or hazard;
(14) to use its established funds, personnel, and other
resources to acquire, construct, operate, and maintain

bikeways and trails. Districts may cooperate with other
governmental and private agencies in bikeway and trail
programs; and
(15) to acquire, own, maintain, construct,
reconstruct, improve, repair, operate or lease any
light-rail public transportation system, terminal,
terminal facility, public airport, or bridge or toll bridge
across waters with any city, state, or both.
With respect to instruments for the payment of money issued
under this Section either before, on, or after June 6, 1989
(the effective date of Public Act 86-4) this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Act that may appear to be or to have been
more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section within the supplementary
authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Act that may appear to be or
to have been more restrictive than those Acts.
This Section shall be liberally construed to give effect to
its purposes.
(Source: P.A. 93-590, eff. 1-1-04; revised 10-13-15.)

Section 240. The Regional Transportation Authority Act is
amended by changing Section 4.03 as follows:
(70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
Sec. 4.03. Taxes.
(a) In order to carry out any of the powers or purposes of
the Authority, the Board may by ordinance adopted with the
concurrence of 12 of the then Directors, impose throughout the
metropolitan region any or all of the taxes provided in this
Section. Except as otherwise provided in this Act, 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. Nothing in Public Act
95-708 this amendatory Act of the 95th General Assembly is
intended to invalidate any taxes currently imposed by the
Authority. The increased vote requirements to impose a tax
shall only apply to actions taken after January 1, 2008 (the
effective date of Public Act 95-708) this amendatory Act of the
95th General Assembly.
(b) The Board may impose a public transportation tax upon
all persons engaged in the metropolitan region in the business
of selling at retail motor fuel for operation of motor vehicles
upon public highways. The tax shall be at a rate not to exceed

5% of the gross receipts from the sales of motor fuel in the
course of the business. As used in this Act, the term "motor
fuel" shall have the same meaning as in the Motor Fuel Tax Law.
The Board may provide for details of the tax. The provisions of
any tax shall conform, as closely as may be practicable, to the
provisions of the Municipal Retailers Occupation Tax Act,
including without limitation, conformity to penalties with
respect to the tax imposed and as to the powers of the State
Department of Revenue to promulgate and enforce rules and
regulations relating to the administration and enforcement of
the provisions of the tax imposed, except that reference in the
Act to any municipality shall refer to the Authority and the
tax shall be imposed only with regard to receipts from sales of
motor fuel in the metropolitan region, at rates as limited by
this Section.
(c) In connection with the tax imposed under paragraph (b)
of this Section the Board may impose a tax upon the privilege
of using in the metropolitan region motor fuel for the
operation of a motor vehicle upon public highways, the tax to
be at a rate not in excess of the rate of tax imposed under
paragraph (b) of this Section. The Board may provide for
details of the tax.
(d) The Board may impose a motor vehicle parking tax upon
the privilege of parking motor vehicles at off-street parking
facilities in the metropolitan region at which a fee is
charged, and may provide for reasonable classifications in and

exemptions to the tax, for administration and enforcement
thereof and for civil penalties and refunds thereunder and may
provide criminal penalties thereunder, the maximum penalties
not to exceed the maximum criminal penalties provided in the
Retailers' Occupation Tax Act. The Authority may collect and
enforce the tax itself or by contract with any unit of local
government. The State Department of Revenue shall have no
responsibility for the collection and enforcement unless the
Department agrees with the Authority to undertake the
collection and enforcement. As used in this paragraph, the term
"parking facility" means a parking area or structure having
parking spaces for more than 2 vehicles at which motor vehicles
are permitted to park in return for an hourly, daily, or other
periodic fee, whether publicly or privately owned, but does not
include parking spaces on a public street, the use of which is
regulated by parking meters.
(e) The Board may impose a Regional Transportation
Authority Retailers' Occupation Tax upon all persons engaged in
the business of selling tangible personal property at retail in
the metropolitan region. In Cook County the tax rate shall be
1.25% of the gross receipts from 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, and 1% of the gross receipts from other taxable
sales made in the course of that business. In DuPage, Kane,
Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
of the gross receipts from all taxable sales made in the course
of that business. The tax imposed 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. The Department shall have full power to administer and
enforce this Section; to collect all 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, 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), 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 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 taxes that sellers
are required to collect under the Use Tax Act, under any
bracket schedules 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 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 Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
If a tax is imposed under this subsection (e), a tax shall
also be imposed under subsections (f) and (g) of this Section.
For the purpose of determining whether a tax authorized
under this Section 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.

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 Section shall be construed to authorize the
Regional Transportation 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.
(f) If a tax has been imposed under paragraph (e), a
Regional Transportation Authority Service Occupation Tax shall
also be imposed upon all persons engaged, in the metropolitan
region in the business of making sales of service, who as an
incident to making the sales of service, transfer tangible
personal property within the metropolitan region, either in the
form of tangible personal property or in the form of real
estate as an incident to a sale of service. In Cook County, the
tax rate shall be: (1) 1.25% of the serviceman's cost price of
food prepared for immediate consumption and transferred
incident to a sale of service subject to the service occupation
tax by an entity licensed under the Hospital Licensing 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 that is located in the metropolitan region; (2)
1.25% of the selling price 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; and (3) 1% of the selling price from other taxable
sales of tangible personal property transferred. In DuPage,
Kane, Lake, McHenry and Will Counties the rate shall be 0.75%
of the selling price of all tangible personal property
transferred.
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 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,
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 Authority), 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 Authority), 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 Authority), the first paragraph of Section 15, 16, 17, 18,
19 and 20 of the Service Occupation Tax Act and Section 3-7 of
the Uniform Penalty and Interest Act, as fully as if those
provisions were set forth herein.
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, that 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
any bracket schedules 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 the Regional Transportation Authority tax fund

established under paragraph (n) of this Section.
Nothing in this paragraph shall be construed to authorize
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 the State.
(g) If a tax has been imposed under paragraph (e), a tax
shall also be imposed upon the privilege of using in the
metropolitan region, any item of tangible personal property
that is purchased outside the metropolitan region at retail
from a retailer, and that is titled or registered with an
agency of this State's government. In Cook County the tax rate
shall be 1% of the selling price of the tangible personal
property, as "selling price" is defined in the Use Tax Act. In
DuPage, Kane, Lake, McHenry and Will counties the tax rate
shall be 0.75% of the selling price of the tangible personal
property, 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
metropolitan region. The tax shall be collected by the
Department of Revenue for the Regional Transportation
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 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 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), 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 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 the Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
(h) The Authority may impose a replacement vehicle tax of
$50 on any passenger car as defined in Section 1-157 of the
Illinois Vehicle Code purchased within the metropolitan region
by or on behalf of an insurance company to replace a passenger
car of an insured person in settlement of a total loss claim.
The tax imposed may not become effective before the first day
of the month following the passage of the ordinance imposing
the tax and receipt of a certified copy of the ordinance by the
Department of Revenue. The Department of Revenue shall collect
the tax for the Authority in accordance with Sections 3-2002
and 3-2003 of the Illinois Vehicle Code.
The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes 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 the Authority. The
amount to be paid to the Authority shall be the amount
collected hereunder during the second preceding calendar month
by the Department, less any amount determined by the Department
to be necessary for the payment of refunds, and less any
amounts that are transferred to the STAR Bonds Revenue Fund.
Within 10 days after receipt by the Comptroller of the
disbursement certification to the Authority provided for in
this Section to be given to the Comptroller by the Department,
the Comptroller shall cause the orders to be drawn for that
amount in accordance with the directions contained in the
certification.
(i) The Board may not impose any other taxes except as it
may from time to time be authorized by law to impose.
(j) A certificate of registration issued by the State
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act
shall permit the registrant to engage in a business that is
taxed under the tax imposed under paragraphs (b), (e), (f) or
(g) of this Section and no additional registration shall be

required under the tax. A certificate issued under the Use Tax
Act or the Service Use Tax Act shall be applicable with regard
to any tax imposed under paragraph (c) of this Section.
(k) The provisions of any tax imposed under paragraph (c)
of this Section shall conform as closely as may be practicable
to the provisions of the Use Tax Act, including without
limitation conformity as to penalties with respect to the tax
imposed and as to the powers of the State Department of Revenue
to promulgate and enforce rules and regulations relating to the
administration and enforcement of the provisions of the tax
imposed. The taxes shall be imposed only on use within the
metropolitan region and at rates as provided in the paragraph.
(l) The Board in imposing any tax as provided in paragraphs
(b) and (c) of this Section, shall, after seeking the advice of
the State Department of Revenue, provide means for retailers,
users or purchasers of motor fuel for purposes other than those
with regard to which the taxes may be imposed as provided in
those paragraphs to receive refunds of taxes improperly paid,
which provisions may be at variance with the refund provisions
as applicable under the Municipal Retailers Occupation Tax Act.
The State Department of Revenue may provide for certificates of
registration for users or purchasers of motor fuel for purposes
other than those with regard to which taxes may be imposed as
provided in paragraphs (b) and (c) of this Section to
facilitate the reporting and nontaxability of the exempt sales
or uses.

(m) 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 Regional Transportation Authority
as of September 1 next following such 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,
increasing, decreasing, or discontinuing the tax hereunder
shall be adopted and a certified copy thereof filed with the
Department, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of the
first month to occur not less than 60 days following such
adoption and filing. Any ordinance or resolution of the
Authority imposing a tax under this Section and in effect on
August 1, 2007 shall remain in full force and effect and shall
be administered by the Department of Revenue under the terms
and conditions and rates of tax established by such ordinance
or resolution until the Department begins administering and
enforcing an increased tax under this Section as authorized by
Public Act 95-708 this amendatory Act of the 95th General

Assembly. The tax rates authorized by Public Act 95-708 this
amendatory Act of the 95th General Assembly are effective only
if imposed by ordinance of the Authority.
(n) 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 Authority. The taxes
shall be held in a trust fund outside the State Treasury. 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 and to the Authority (i)
the amount of taxes collected in each County other than Cook
County in the metropolitan region, (ii) the amount of taxes
collected within the City of Chicago, and (iii) the amount
collected in that portion of Cook County outside of Chicago,
each amount less the amount necessary for the payment of
refunds to taxpayers located in those areas described in items
(i), (ii), and (iii). Within 10 days after receipt by the
Comptroller of the certification of the amounts, the
Comptroller shall cause an order to be drawn for the payment of
two-thirds of the amounts certified in item (i) of this
subsection to the Authority and one-third of the amounts
certified in item (i) of this subsection to the respective
counties other than Cook County and the amount certified in
items (ii) and (iii) of this subsection to the Authority.
In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in July 1991 and each

year thereafter to the Regional Transportation Authority. The
allocation shall be made in an amount equal to the average
monthly distribution during the preceding calendar year
(excluding the 2 months of lowest receipts) and the allocation
shall include the amount of average monthly distribution from
the Regional Transportation Authority Occupation and Use Tax
Replacement Fund. The distribution made in July 1992 and each
year thereafter under this paragraph and the preceding
paragraph shall be reduced by the amount allocated and
disbursed under this paragraph in the preceding calendar year.
The Department of Revenue shall prepare and certify to the
Comptroller for disbursement the allocations made in
accordance with this paragraph.
(o) Failure to adopt a budget ordinance or otherwise to
comply with Section 4.01 of this Act or to adopt a Five-year
Capital Program or otherwise to comply with paragraph (b) of
Section 2.01 of this Act shall not affect the validity of any
tax imposed by the Authority otherwise in conformity with law.
(p) At no time shall a public transportation tax or motor
vehicle parking tax authorized under paragraphs (b), (c) and
(d) of this Section be in effect at the same time as any
retailers' occupation, use or service occupation tax
authorized under paragraphs (e), (f) and (g) of this Section is
in effect.
Any taxes imposed under the authority provided in
paragraphs (b), (c) and (d) shall remain in effect only until

the time as any tax authorized by paragraphs (e), (f) or (g) of
this Section are imposed and becomes effective. Once any tax
authorized by paragraphs (e), (f) or (g) is imposed the Board
may not reimpose taxes as authorized in paragraphs (b), (c) and
(d) of the Section unless any tax authorized by paragraphs (e),
(f) or (g) of this Section becomes ineffective by means other
than an ordinance of the Board.
(q) Any existing rights, remedies and obligations
(including enforcement by the Regional Transportation
Authority) arising under any tax imposed under paragraphs (b),
(c) or (d) of this Section shall not be affected by the
imposition of a tax under paragraphs (e), (f) or (g) of this
Section.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;
99-217, eff. 7-31-15; revised 10-9-15.)
Section 245. 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 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 Sec. 4.03 of the Regional Transportation Authority
Act, in accordance with such bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of a county water commission tax fund established
under paragraph (g) of this Section.
Nothing in this paragraph shall be construed to authorize a

county water commission to impose a tax upon the privilege of
engaging in any business which under the Constitution of the
United States may not be made the subject of taxation by the
State.
(d) If a tax has been imposed under subsection (b), a tax
shall also imposed upon the privilege of using, in the
territory of the commission, any item of tangible personal
property that is purchased outside the territory at retail from
a retailer, and that is titled or registered with an agency of
this State's government, at a rate of 1/4% of the selling price
of the tangible personal property within the territory, as
"selling price" is defined in the Use Tax Act. The tax shall be
collected from persons whose Illinois address for titling or
registration purposes is given as being in the territory. The
tax shall be collected by the Department of Revenue for a
county water commission. The tax must be paid to the State, or
an exemption determination must be obtained from the Department
of Revenue, before the title or certificate of registration for
the property may be issued. The tax or proof of exemption may
be transmitted to the Department by way of the State agency
with which, or the State officer with whom, the tangible
personal property must be titled or registered if the
Department and the State agency or State officer determine that
this procedure will expedite the processing of applications for
title or registration.
The Department shall have full power to administer and

enforce this paragraph; to collect all taxes, penalties and
interest due hereunder; to dispose of taxes, penalties and
interest so collected in the manner hereinafter provided; and
to determine all rights to credit memoranda or refunds arising
on account of the erroneous payment of tax, penalty or interest
hereunder. In the administration of, and compliance with this
paragraph, the Department and persons who are subject to this
paragraph shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties, exclusions,
exemptions and definitions of terms and employ the same modes
of procedure, as are prescribed in Sections 2 (except the
definition of "retailer maintaining a place of business in this
State"), 3 through 3-80 (except provisions pertaining to the
State rate of tax, and except provisions concerning collection
or refunding of the tax by retailers, and except that food for
human consumption that is to be consumed off the premises where
it is sold (other than alcoholic beverages, soft drinks, and
food that has been prepared for immediate consumption) and
prescription and nonprescription medicines, drugs, medical
appliances and insulin, urine testing materials, syringes, and
needles used by diabetics, for human use, shall not be subject
to tax hereunder), 4, 11, 12, 12a, 14, 15, 19 (except the
portions pertaining to claims by retailers and except the last
paragraph concerning refunds), 20, 21 and 22 of the Use Tax Act
and Section 3-7 of the Uniform Penalty and Interest Act that

are not inconsistent with this paragraph, as fully as if those
provisions were set forth herein.
Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of a county water commission tax fund established
under paragraph (g) of this Section.
(e) A certificate of registration issued by the State
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act
shall permit the registrant to engage in a business that is
taxed under the tax imposed under paragraphs (b), (c) or (d) of
this Section and no additional registration shall be required
under the tax. A certificate issued under the Use Tax Act or
the Service Use Tax Act shall be applicable with regard to any
tax imposed under paragraph (c) of this Section.
(f) Any ordinance imposing or discontinuing any tax under
this Section shall be adopted and a certified copy thereof
filed with the Department on or before June 1, whereupon the
Department of Revenue shall proceed to administer and enforce
this Section on behalf of the county water commission as of
September 1 next following the adoption and filing. Beginning
January 1, 1992, an ordinance or resolution imposing or

discontinuing the tax hereunder shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of July, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of
October next following such adoption and filing. Beginning
January 1, 1993, an ordinance or resolution imposing or
discontinuing the tax hereunder shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of October, whereupon the Department shall
proceed to administer and enforce this Section as of the first
day of January next following such adoption and filing.
(g) The State Department of Revenue shall, upon collecting
any taxes as provided in this Section, pay the taxes over to
the State Treasurer as trustee for the commission. The taxes
shall be held in a trust fund outside the State Treasury.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the State
Department of Revenue shall prepare and certify to the

Comptroller of the State of Illinois the amount to be paid to
the commission, which shall be the 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. Within 10 days
after receipt by the Comptroller of the certification of the
amount to be paid to the commission, the Comptroller shall
cause an order to be drawn for the payment for the amount in
accordance with the direction in the certification.
(h) Beginning June 1, 2016, any tax imposed pursuant to
this Section may no longer be imposed or collected, unless a
continuation of the tax is approved by the voters at a
referendum as set forth in this Section.
(Source: P.A. 98-298, eff. 8-9-13; 99-217, eff. 7-31-15;
revised 11-9-15.)
Section 250. The School Code is amended by changing
Sections 2-3.25a, 2-3.25f, 2-3.64a-5, 5-2.2, 10-17a, 10-29,

14-8.02, 19-1, 21B-20, 21B-45, 22-30, 27-8.1, 27-24.2, 27A-5,
32-5, 34-2.4, and 34-8.1, by setting forth and renumbering
multiple versions of Sections 2-3.163 and 22-80, and by setting
forth, renumbering, and changing multiple versions of Section
10-20.56 as follows:
(105 ILCS 5/2-3.25a) (from Ch. 122, par. 2-3.25a)
Sec. 2-3.25a. "School district" defined; additional
standards.
(a) For the purposes of this Section and Sections 3.25b,
3.25c, 3.25d, 3.25e, and 3.25f of this Code, "school district"
includes other public entities responsible for administering
public schools, such as cooperatives, joint agreements,
charter schools, special charter districts, regional offices
of education, local agencies, and the Department of Human
Services.
(b) In addition to the standards established pursuant to
Section 2-3.25, the State Board of Education shall develop
recognition standards for student performance and school
improvement for all school districts and their individual
schools, which must be an outcomes-based, balanced
accountability measure. The State Board of Education is
prohibited from having separate performance standards for
students based on race or ethnicity.
Subject to the availability of federal, State, public, or
private funds, the balanced accountability measure must be

designed to focus on 2 components, student performance and
professional practice. The student performance component shall
count for 30% of the total balanced accountability measure, and
the professional practice component shall count for 70% of the
total balanced accountability measure. The student performance
component shall focus on student outcomes and closing the
achievement gaps within each school district and its individual
schools using a Multiple Measure Index and Annual Measurable
Objectives, as set forth in Section 2-3.25d of this Code. The
professional practice component shall focus on the degree to
which a school district, as well as its individual schools, is
implementing evidence-based, best professional practices and
exhibiting continued improvement. Beginning with the 2015-2016
school year, the balanced accountability measure shall consist
of only the student performance component, which shall account
for 100% of the total balanced accountability measure. From the
2016-2017 school year through the 2021-2022 school year, the
State Board of Education and a Balanced Accountability Measure
Committee shall identify a number of school districts per the
designated school years to begin implementing the balanced
accountability measure, which includes both the student
performance and professional practice components. By the
2021-2022 school year, all school districts must be
implementing the balanced accountability measure, which
includes both components. The Balanced Accountability Measure
Committee shall consist of the following individuals: a

representative of a statewide association representing
regional superintendents of schools, a representative of a
statewide association representing principals, a
representative of an association representing principals in a
city having a population exceeding 500,000, a representative of
a statewide association representing school administrators, a
representative of a statewide professional teachers'
organization, a representative of a different statewide
professional teachers' organization, an additional
representative from either statewide professional teachers'
organization, a representative of a professional teachers'
organization in a city having a population exceeding 500,000, a
representative of a statewide association representing school
boards, and a representative of a school district organized
under Article 34 of this Code. The head of each association or
entity listed in this paragraph shall appoint its respective
representative. The State Superintendent of Education, in
consultation with the Committee, may appoint no more than 2
additional individuals to the Committee, which individuals
shall serve in an advisory role and must not have voting or
other decision-making rights. The Committee is abolished on
June 1, 2022.
Using a Multiple Measure Index consistent with subsection
(a) of Section 2-3.25d of this Code, the student performance
component shall consist of the following subcategories, each of
which must be valued at 10%:

(1) achievement status;
(2) achievement growth; and
(3) Annual Measurable Objectives, as set forth in
subsection (b) of Section 2-3.25d of this Code.
Achievement status shall measure and assess college and career
readiness, as well as the graduation rate. Achievement growth
shall measure the school district's and its individual schools'
student growth via this State's growth value tables. Annual
Measurable Objectives shall measure the degree to which school
districts, as well as their individual schools, are closing
their achievement gaps among their student population and
subgroups.
The professional practice component shall consist of the
following subcategories:
(A) compliance;
(B) evidence-based best practices; and
(C) contextual improvement.
Compliance, which shall count for 10%, shall measure the degree
to which a school district and its individual schools meet the
current State compliance requirements. Evidence-based best
practices, which shall count for 30%, shall measure the degree
to which school districts and their individual schools are
adhering to a set of evidence-based quality standards and best
practice for effective schools that include (i) continuous
improvement, (ii) culture and climate, (iii) shared
leadership, (iv) governance, (v) education and employee

quality, (vi) family and community connections, and (vii)
student and learning development and are further developed in
consultation with the State Board of Education and the Balanced
Accountability Measure Committee set forth in this subsection
(b). Contextual improvement, which shall count for 30%, shall
provide school districts and their individual schools the
opportunity to demonstrate improved outcomes through local
data, including without limitation school climate, unique
characteristics, and barriers that impact the educational
environment and hinder the development and implementation of
action plans to address areas of school district and individual
school improvement. Each school district, in good faith
cooperation with its teachers or, where applicable, the
exclusive bargaining representatives of its teachers, shall
develop 2 measurable objectives to demonstrate contextual
improvement, each of which must be equally weighted. Each
school district shall begin such good faith cooperative
development of these objectives no later than 6 months prior to
the beginning of the school year in which the school district
is to implement the professional practice component of the
balanced accountability measure. The professional practice
component must be scored using trained peer review teams that
observe and verify school district practices using an
evidence-based framework.
The balanced accountability measure shall combine the
student performance and professional practice components into

one summative score based on 100 points at the school district
and individual-school level. A school district shall be
designated as "Exceeds Standards - Exemplar" if the overall
score is 100 to 90, "Meets Standards - Proficient" if the
overall score is 89 to 75, "Approaching Standards - Needs
Improvement" if the overall score is 74 to 60, and "Below
Standards - Unsatisfactory" if the overall score is 59 to 0.
The balanced accountability measure shall also detail both
incentives that reward school districts for continued improved
performance, as provided in Section 2-3.25c of this Code, and
consequences for school districts that fail to provide evidence
of continued improved performance, which may include
presentation of a barrier analysis, additional school board and
administrator training, or additional State assistance. Based
on its summative score, a school district may be exempt from
the balanced accountability measure for one or more school
years. The State Board of Education, in collaboration with the
Balanced Accountability Measure Committee set forth in this
subsection (b), shall adopt rules that further implementation
in accordance with the requirements of this Section.
(Source: P.A. 99-84, eff. 1-1-16; 99-193, eff. 7-30-15; revised
10-9-15.)
(105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f)
Sec. 2-3.25f. State interventions.
(a) The State Board of Education shall provide technical

assistance to assist with the development and implementation of
School and District Improvement Plans.
Schools or school districts that fail to make reasonable
efforts to implement an approved Improvement Plan may suffer
loss of State funds by school district, attendance center, or
program as the State Board of Education deems appropriate.
(a-5) (Blank).
(b) Beginning in 2017, if, after 3 years following its
identification as a priority district under Section 2-3.25d-5
of this Code, a district does not make progress as measured by
a reduction in achievement gaps commensurate with the targets
in this State's approved accountability plan with the U.S.
Department of Education, then the State Board of Education may
(i) change the recognition status of the school district or
school to nonrecognized or (ii) authorize the State
Superintendent of Education to direct the reassignment of
pupils or direct the reassignment or replacement of school
district personnel. If a school district is nonrecognized in
its entirety, it shall automatically be dissolved on July 1
following that nonrecognition and its territory realigned with
another school district or districts by the regional board of
school trustees in accordance with the procedures set forth in
Section 7-11 of the School Code. The effective date of the
nonrecognition of a school shall be July 1 following the
nonrecognition.
(b-5) The State Board of Education shall also develop a

system to provide assistance and resources to lower performing
school districts. At a minimum, the State Board shall identify
school districts to receive priority services, to be known as
priority districts under Section 2-3.25d-5 of this Code. The
school district shall provide the exclusive bargaining
representative with a 5-day notice that the district has been
identified as a priority district. In addition, the State Board
may, by rule, develop other categories of low-performing
schools and school districts to receive services.
Based on the results of the district needs assessment under
Section 2-3.25d-5 of this Code, the State Board of Education
shall work with the district to provide technical assistance
and professional development, in partnership with the
district, to implement a continuous improvement plan that would
increase outcomes for students. The plan for continuous
improvement shall be based on the results of the district needs
assessment and shall be used to determine the types of services
that are to be provided to each priority district. Potential
services for a district may include monitoring adult and
student practices, reviewing and reallocating district
resources, developing a district leadership team, providing
access to curricular content area specialists, and providing
online resources and professional development.
The State Board of Education may require priority districts
identified as having deficiencies in one or more core functions
of the district needs assessment to undergo an accreditation

process as provided in subsection (d) of Section 2-3.25f-5 of
this Code.
(c) All federal requirements apply to schools and school
districts utilizing federal funds under Title I, Part A of the
federal Elementary and Secondary Education Act of 1965.
(Source: P.A. 98-1155, eff. 1-9-15; 99-193, eff. 7-30-15;
99-203, eff. 7-30-15; revised 10-9-15.)
(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.
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
and must be entered on the student's transcript 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. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15;
99-185, eff. 1-1-16; revised 10-16-15.)
(105 ILCS 5/2-3.163)
Sec. 2-3.163. Prioritization of Urgency of Need for
Services database.
(a) The General Assembly makes all of the following
findings:
(1) The Department of Human Services maintains a
statewide database known as the Prioritization of Urgency
of Need for Services that records information about
individuals with developmental disabilities who are
potentially in need of services.
(2) The Department of Human Services uses the data on
Prioritization of Urgency of Need for Services to select

individuals for services as funding becomes available, to
develop proposals and materials for budgeting, and to plan
for future needs.
(3) Prioritization of Urgency of Need for Services is
available for children and adults with a developmental
disability who have an unmet service need anticipated in
the next 5 years.
(4) Prioritization of Urgency of Need for Services is
the first step toward getting developmental disabilities
services in this State. If individuals are not on the
Prioritization of Urgency of Need for Services waiting
list, they are not in queue for State developmental
disabilities services.
(5) Prioritization of Urgency of Need for Services may
be underutilized by children and their parents or guardians
due to lack of awareness or lack of information.
(b) The State Board of Education may work with school
districts to inform all students with developmental
disabilities and their parents or guardians about the
Prioritization of Urgency of Need for Services database.
(c) Subject to appropriation, the Department of Human
Services and State Board of Education shall develop and
implement an online, computer-based training program for at
least one designated employee in every public school in this
State to educate him or her about the Prioritization of Urgency
of Need for Services database and steps to be taken to ensure

children and adolescents are enrolled. The training shall
include instruction for at least one designated employee in
every public school in contacting the appropriate
developmental disabilities Independent Service Coordination
agency to enroll children and adolescents in the database. At
least one designated employee in every public school shall
ensure the opportunity to enroll in the Prioritization of
Urgency of Need for Services database is discussed during
annual individualized education program (IEP) meetings for all
children and adolescents believed to have a developmental
disability.
(d) The State Board of Education, in consultation with the
Department of Human Services, shall inform parents and
guardians of students through school districts about the
Prioritization of Urgency of Need for Services waiting list.
(Source: P.A. 99-144, eff. 1-1-16.)
(105 ILCS 5/2-3.164)
(Section scheduled to be repealed on December 16, 2020)
Sec. 2-3.164 2-3.163. Attendance Commission.
(a) The Attendance Commission is created within the State
Board of Education to study the issue of chronic absenteeism in
this State and make recommendations for strategies to prevent
chronic absenteeism. The Commission shall consist of all of the
following members:
(1) The Director of the Department of Children and

Family Services or his or her designee.
(2) The Chairperson of the State Board of Education or
his or her designee.
(3) The Chairperson of the Board of Higher Education or
his or her designee.
(4) The Secretary of the Department of Human Services
or his or her designee.
(5) The Director of the Department of Public Health or
his or her designee.
(6) The Chairperson of the Illinois Community College
Board or his or her designee.
(7) The Chairperson of the State Charter School
Commission or his or her designee.
(8) An individual that deals with children's
disabilities, impairments, and social emotional issues,
appointed by the State Superintendent of Education.
(9) One member from each of the following
organizations, appointed by the State Superintendent of
Education:
(A) A non-profit organization that advocates for
students in temporary living situations.
(B) An Illinois-focused, non-profit organization
that advocates for the well-being of all children and
families in this State.
(C) An Illinois non-profit, anti-crime
organization of law enforcement that researches and

recommends early learning and youth development
strategies to reduce crime.
(D) An Illinois non-profit organization that
conducts community-organizing around family issues.
(E) A statewide professional teachers'
organization.
(F) A different statewide professional teachers'
organization.
(G) A professional teachers' organization in a
city having a population exceeding 500,000.
(H) An association representing school
administrators.
(I) An association representing school board
members.
(J) An association representing school principals.
(K) An association representing regional
superintendents of schools.
(L) An association representing parents.
(M) An association representing high school
districts.
(N) An association representing large unit
districts.
(O) An organization that advocates for healthier
school environments in Illinois.
(P) An organization that advocates for the health
and safety of Illinois youth and families by providing

capacity building services.
(Q) A statewide association of local philanthropic
organizations that advocates for effective
educational, health, and human service policies to
improve this State's communities.
(R) A statewide organization that advocates for
partnerships among schools, families, and the
community that provide access to support and remove
barriers to learning and development, using schools as
hubs.
(S) An organization representing statewide
programs actively involved in truancy intervention.
Attendance Commission members shall serve without
compensation but shall be reimbursed for their travel expenses
from appropriations to the State Board of Education available
for that purpose and subject to the rules of the appropriate
travel control board.
(b) The Attendance Commission shall meet initially at the
call of the State Superintendent of Education. The members
shall elect a chairperson at their initial meeting. Thereafter,
the Attendance Commission shall meet at the call of the
chairperson. The Attendance Commission shall hold hearings on a
periodic basis to receive testimony from the public regarding
attendance.
(c) The Attendance Commission shall identify strategies,
mechanisms, and approaches to help parents, educators,

principals, superintendents, and the State Board of Education
address and prevent chronic absenteeism and shall recommend to
the General Assembly and State Board of Education:
(1) a standard for attendance and chronic absenteeism,
defining attendance as a calculation of standard clock
hours in a day that equal a full day based on instructional
minutes for both a half day and a full day per learning
environment;
(2) mechanisms to improve data systems to monitor and
track chronic absenteeism across this State in a way that
identifies trends from prekindergarten through grade 12
and allows the identification of students who need
individualized chronic absenteeism prevention plans;
(3) mechanisms for reporting and accountability for
schools and districts across this State, including
creating multiple measure indexes for reporting;
(4) best practices for utilizing attendance and
chronic absenteeism data to create multi-tiered systems of
support and prevention that will result in students being
ready for college and career; and
(5) new initiatives and responses to ongoing
challenges presented by chronic absenteeism.
(d) The State Board of Education shall provide
administrative support to the Commission. The Attendance
Commission shall submit an annual report to the General
Assembly and the State Board of Education no later than

December 15 of each year.
(e) The Attendance Commission is abolished and this Section
is repealed on December 16, 2020.
(Source: P.A. 99-432, eff. 8-21-15; revised 10-5-15.)
(105 ILCS 5/2-3.165)
(Section scheduled to be repealed on June 1, 2016)
Sec. 2-3.165 2-3.163. Virtual education review committee.
(a) The State Superintendent of Education shall establish a
review committee to review virtual education and course choice.
The review committee shall consist of all of the following
individuals appointed by the State Superintendent:
(1) One representative of the State Board of Education,
who shall serve as chairperson.
(2) One parent.
(3) One educator representing a statewide professional
teachers' organization.
(4) One educator representing a different statewide
professional teachers' organization.
(5) One educator representing a professional teachers'
organization in a city having a population exceeding
500,000.
(6) One school district administrator representing an
association that represents school administrators.
(7) One school principal representing an association
that represents school principals.

(8) One school board member representing an
association that represents school board members.
(9) One special education administrator representing
an association that represents special education
administrators.
(10) One representative of a school district in a city
having a population exceeding 500,000.
(11) One school principal representing an association
that represents school principals in a city having a
population exceeding 500,000.
(12) One representative of an education advocacy group
that works with parents.
(13) One representative of an education public policy
organization.
(14) One representative of an institution of higher
education.
(15) One representative of a virtual school in this
State.
The review committee shall also consist of all 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.
Members of the review committee shall serve without
compensation, but, subject to appropriation, members may be
reimbursed for travel.
(b) The review committee shall meet at least 4 times, at
the call of the chairperson, to review virtual education and
course choice. This review shall include a discussion on
virtual course access programs, including the ability of
students to enroll in online coursework and access technology
to complete courses. The review committee shall make
recommendations on changes and improvements and provide best
practices for virtual education and course choice in this
State. The review committee shall determine funding mechanisms
and district cost projections to administer course access
programs.
(c) The State Board of Education shall provide
administrative and other support to the review committee.
(d) The review committee shall report its findings and
recommendations to the Governor and General Assembly no later
than May 31, 2016. Upon filing its report, the review committee
is dissolved.
(e) This Section is repealed on June 1, 2016.
(Source: P.A. 99-442, eff. 8-21-15; revised 10-5-15.)

(105 ILCS 5/2-3.166)
Sec. 2-3.166 2-3.163. Youth suicide awareness and
prevention.
(a) This Section may be referred to as Ann Marie's Law.
(b) The State Board of Education shall do both of the
following:
(1) In consultation with a youth suicide prevention
organization operating in this State and organizations
representing school boards and school personnel, develop a
model youth suicide awareness and prevention policy that is
consistent with subsection (c) of this Section.
(2) Compile, develop, and post on its publicly
accessible Internet website both of the following, which
may include materials already publicly available:
(A) Recommended guidelines and educational
materials for training and professional development.
(B) Recommended resources and age-appropriate
educational materials on youth suicide awareness and
prevention.
(c) The model policy developed by the State Board of
Education under subsection (b) of this Section and any policy
adopted by a school board under subsection (d) of this Section
shall include all of the following:
(1) A statement on youth suicide awareness and
prevention.
(2) Protocols for administering youth suicide

awareness and prevention education to staff and students.
(3) Methods of prevention, including procedures for
early identification and referral of students at risk of
suicide.
(4) Methods of intervention, including procedures that
address an emotional or mental health safety plan for
students identified as being at increased risk of suicide.
(5) Methods of responding to a student or staff suicide
or suicide attempt.
(6) Reporting procedures.
(7) Recommended resources on youth suicide awareness
and prevention programs, including current contact
information for such programs.
(d) Beginning with the 2015-2016 school year, each school
board shall review and update its current suicide awareness and
prevention policy to be consistent with subsection (c) of this
Section or adopt an age-appropriate youth suicide awareness and
prevention policy consistent with subsection (c) of this
Section, inform each school district employee and the parent or
legal guardian of each student enrolled in the school district
of such policy, and post such policy on the school district's
publicly accessible Internet website. The policy adopted by a
school board under this subsection (d) may be based upon the
model policy developed by the State Board of Education under
subsection (b) of this Section.
(Source: P.A. 99-443, eff. 8-21-15; revised 10-5-15.)

(105 ILCS 5/5-2.2)
Sec. 5-2.2. Designation of trustees; Township 36 North,
Range 13 East. After the April 5, 2011 consolidated election,
the trustees of schools in Township 36 North, Range 13 East
shall no longer be elected pursuant to the provisions of
Sections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any
such trustees elected before such date may complete the term to
which that trustee was elected, but shall not be succeeded by
election. Instead, the board of education or board of school
directors of each of the elementary and high school districts
that are subject to the jurisdiction of Township 36 North,
Range 13 East shall appoint one of the members to serve as
trustee of schools. The trustees of schools shall be appointed
by each board of education or board of school directors within
60 days after the effective date of this amendatory Act of the
97th General Assembly and shall reorganize within 30 days after
all the trustees of schools have been appointed or within 30
days after all the trustees of schools were due to have been
appointed, whichever is sooner. Trustees of schools so
appointed shall serve at the pleasure of the board of education
or board of school directors appointing them, but in no event
longer than 2 years unless reappointed.
A majority of members of the trustees of schools shall
constitute a quorum for the transaction of business. The
trustees shall organize by appointing one of their number

president, who shall hold the office for 2 years. If the
president is absent from any meeting, or refuses to perform any
of the duties of the office, a president pro-tempore may be
appointed. Trustees who serve on the board as a result of
appointment or election at the time of the reorganization shall
continue to serve as a member of the trustees of schools, with
no greater or lesser lessor authority than any other trustee,
until such time as their elected term expires.
Each trustee of schools appointed by a board of education
or board of school directors shall be entitled to
indemnification and protection against claims and suits by the
board that appointed that trustee of schools for acts or
omissions as a trustee of schools in the same manner and to the
same extent as the trustee of schools is entitled to
indemnification and protection for acts or omissions as a
member of the board of education or board of school directors
under Section 10-20.20 of this Code.
(Source: P.A. 97-631, eff. 12-8-11; revised 10-15-15.)
(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
Sec. 10-17a. State, school district, and school report
cards.
(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report card,
school district report cards, and school report cards, and

shall by the most economic means provide to each school
district in this State, including special charter districts and
districts subject to the provisions of Article 34, the report
cards for the school district and each of its schools.
(2) In addition to any information required by federal law,
the State Superintendent shall determine the indicators and
presentation of the school report card, which must include, at
a minimum, the most current data possessed by the State Board
of Education related to the following:
(A) school characteristics and student demographics,
including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of
students classified as low-income; the percentage of
students classified as English learners; the percentage of
students who have individualized education plans or 504
plans that provide for special education services; the
percentage of students who annually transferred in or out
of the school district; the per-pupil operating
expenditure of the school district; and the per-pupil State
average operating expenditure for the district type
(elementary, high school, or unit);
(B) curriculum information, including, where
applicable, Advanced Placement, International
Baccalaureate or equivalent courses, dual enrollment
courses, foreign language classes, school personnel
resources (including Career Technical Education teachers),

before and after school programs, extracurricular
activities, subjects in which elective classes are
offered, health and wellness initiatives (including the
average number of days of Physical Education per week per
student), approved programs of study, awards received,
community partnerships, and special programs such as
programming for the gifted and talented, students with
disabilities, and work-study students;
(C) student outcomes, including, where applicable, the
percentage of students 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, 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; and
(F) a school district's and its individual schools'
balanced accountability measure, in accordance with
Section 2-3.25a of this Code.
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.
(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 this amendatory Act of the 98th
General Assembly repeals, supersedes, invalidates, or
nullifies final decisions in lawsuits pending on the effective
date of this amendatory Act of the 98th General Assembly in
Illinois courts involving the interpretation of Public Act
97-8.
(Source: P.A. 98-463, eff. 8-16-13; 98-648, eff. 7-1-14; 99-30,
eff. 7-10-15; 99-193, eff. 7-30-15; revised 10-21-15.)
(105 ILCS 5/10-20.56)
Sec. 10-20.56. E-learning days.
(a) The State Board of Education shall establish and
maintain, for implementation in selected school districts
during the 2015-2016, 2016-2017, and 2017-2018 school years, a
pilot program for use of electronic-learning (e-learning)
days, as described in this Section. The State Superintendent of

Education shall select up to 3 school districts for this
program, at least one of which may be an elementary or unit
school district. The use of e-learning days may not begin until
the second semester of the 2015-2016 school year, and the pilot
program shall conclude with the end of the 2017-2018 school
year. On or before June 1, 2019, the State Board shall report
its recommendation for expansion, revision, or discontinuation
of the program to the Governor and General Assembly.
(b) The school board of a school district selected by the
State Superintendent of Education under subsection (a) of this
Section may, by resolution, adopt a research-based program or
research-based programs for e-learning days district-wide that
shall permit student instruction to be received electronically
while students are not physically present in lieu of the
district's scheduled emergency days as required by Section
10-19 of this Code. The research-based program or programs may
not exceed the minimum number of emergency days in the approved
school calendar and must be submitted to the State
Superintendent for approval on or before September 1st annually
to ensure access for all students. The State Superintendent
shall approve programs that ensure that the specific needs of
all students are met, including special education students and
English learners, and that all mandates are still met using the
proposed research-based program. The e-learning program may
utilize the Internet, telephones, texts, chat rooms, or other
similar means of electronic communication for instruction and

interaction between teachers and students that meet the needs
of all learners.
(c) Before its adoption by a school board, a school
district's initial proposal for an e-learning program or for
renewal of such a program must be approved by the State Board
of Education and shall follow a public hearing, at a regular or
special meeting of the school board, in which the terms of the
proposal must be substantially presented and an opportunity for
allowing public comments must be provided. Notice of such
public hearing must be provided at least 10 days prior to the
hearing by:
(1) publication in a newspaper of general circulation
in the school district;
(2) written or electronic notice designed to reach the
parents or guardians of all students enrolled in the school
district; and
(3) written or electronic notice designed to reach any
exclusive collective bargaining representatives of school
district employees and all those employees not in a
collective bargaining unit.
(d) A proposal for an e-learning program must be timely
approved by the State Board of Education if the requirements
specified in this Section have been met and if, in the view of
the State Board of Education, the proposal contains provisions
designed to reasonably and practicably accomplish the
following:

(1) to ensure and verify at least 5 clock hours of
instruction or school work for each student participating
in an e-learning day;
(2) to ensure access from home or other appropriate
remote facility for all students participating, including
computers, the Internet, and other forms of electronic
communication that must be utilized in the proposed
program;
(3) to ensure appropriate learning opportunities for
students with special needs;
(4) to monitor and verify each student's electronic
participation;
(5) to address the extent to which student
participation is within the student's control as to the
time, pace, and means of learning;
(6) to provide effective notice to students and their
parents or guardians of the use of particular days for
e-learning;
(7) to provide staff and students with adequate
training for e-learning days' participation;
(8) to ensure an opportunity for any collective
bargaining negotiations with representatives of the school
district's employees that would be legally required; and
(9) to review and revise the program as implemented to
address difficulties confronted.
The State Board of Education's approval of a school

district's initial e-learning program and renewal of the
e-learning program shall be for a term of 3 years.
(e) The State Board of Education may adopt rules governing
its supervision and review of e-learning programs consistent
with the provision of this Section. However, in the absence of
such rules, school districts may submit proposals for State
Board of Education consideration under the authority of this
Section.
(Source: P.A. 99-194, eff. 7-30-15.)
(105 ILCS 5/10-20.57)
Sec. 10-20.57 10-20.56. Carbon monoxide alarm required.
(a) In this Section:
"Approved carbon monoxide alarm" and "alarm" have the
meaning ascribed to those terms in the Carbon Monoxide Alarm
Detector Act.
"Carbon monoxide detector" and "detector" mean a device
having a sensor that responds to carbon monoxide gas and that
is connected to an alarm control unit and approved in
accordance with rules adopted by the State Fire Marshal.
(b) A school board shall require that each school under its
authority be equipped with approved carbon monoxide alarms or
carbon monoxide detectors. The alarms must be powered as
follows:
(1) For a school designed before January 1, 2016 (the
effective date of Public Act 99-470) this amendatory Act of

the 99th General Assembly, alarms powered by batteries are
permitted. In accordance with Section 17-2.11 of this Code,
alarms permanently powered by the building's electrical
system and monitored by any required fire alarm system are
also permitted. Fire prevention and safety tax levy
proceeds or bond proceeds may be used for alarms.
(2) For a school designed on or after January 1, 2016
(the effective date of Public Act 99-470) this amendatory
Act of the 99th General Assembly, alarms must be
permanently powered by the building's electrical system or
be an approved carbon monoxide detection system. An
installation required in this subdivision (2) must be
monitored by any required fire alarm system.
Alarms or detectors must be located within 20 feet of a
carbon monoxide emitting device. Alarms or detectors must be in
operating condition and be inspected annually. A school is
exempt from the requirements of this Section if it does not
have or is not close to any sources of carbon monoxide. A
school must require plans, protocols, and procedures in
response to the activation of a carbon monoxide alarm or carbon
monoxide detection system.
(Source: P.A. 99-470, eff. 1-1-16; revised 10-19-15.)
(105 ILCS 5/10-29)
Sec. 10-29. Remote educational programs.
(a) For purposes of this Section, "remote educational

program" means an educational program delivered to students in
the home or other location outside of a school building that
meets all of the following criteria:
(1) A student may participate in the program only after
the school district, pursuant to adopted school board
policy, and a person authorized to enroll the student under
Section 10-20.12b of this Code determine that a remote
educational program will best serve the student's
individual learning needs. The adopted school board policy
shall include, but not be limited to, all of the following:
(A) Criteria for determining that a remote
educational program will best serve a student's
individual learning needs. The criteria must include
consideration of, at a minimum, a student's prior
attendance, disciplinary record, and academic history.
(B) Any limitations on the number of students or
grade levels that may participate in a remote
educational program.
(C) A description of the process that the school
district will use to approve participation in the
remote educational program. The process must include
without limitation a requirement that, for any student
who qualifies to receive services pursuant to the
federal Individuals with Disabilities Education
Improvement Act of 2004, the student's participation
in a remote educational program receive prior approval

from the student's individualized education program
team.
(D) A description of the process the school
district will use to develop and approve a written
remote educational plan that meets the requirements of
subdivision (5) of this subsection (a).
(E) A description of the system the school district
will establish to calculate the number of clock hours a
student is participating in instruction in accordance
with the remote educational program.
(F) A description of the process for renewing a
remote educational program at the expiration of its
term.
(G) Such other terms and provisions as the school
district deems necessary to provide for the
establishment and delivery of a remote educational
program.
(2) The school district has determined that the remote
educational program's curriculum is aligned to State
learning standards and that the program offers instruction
and educational experiences consistent with those given to
students at the same grade level in the district.
(3) The remote educational program is delivered by
instructors that meet the following qualifications:
(A) they are certificated under Article 21 of this
Code;

(B) they meet applicable highly qualified criteria
under the federal No Child Left Behind Act of 2001; and
(C) they have responsibility for all of the
following elements of the program: planning
instruction, diagnosing learning needs, prescribing
content delivery through class activities, assessing
learning, reporting outcomes to administrators and
parents and guardians, and evaluating the effects of
instruction.
(4) During the period of time from and including the
opening date to the closing date of the regular school term
of the school district established pursuant to Section
10-19 of this Code, participation in a remote educational
program may be claimed for general State aid purposes under
Section 18-8.05 of this Code on any calendar day,
notwithstanding whether the day is a day of pupil
attendance or institute day on the school district's
calendar or any other provision of law restricting
instruction on that day. If the district holds year-round
classes in some buildings, the district shall classify each
student's participation in a remote educational program as
either on a year-round or a non-year-round schedule for
purposes of claiming general State aid. Outside of the
regular school term of the district, the remote educational
program may be offered as part of any summer school program
authorized by this Code.

(5) Each student participating in a remote educational
program must have a written remote educational plan that
has been approved by the school district and a person
authorized to enroll the student under Section 10-20.12b of
this Code. The school district and a person authorized to
enroll the student under Section 10-20.12b of this Code
must approve any amendment to a remote educational plan.
The remote educational plan must include, but is not
limited to, all of the following:
(A) Specific achievement goals for the student
aligned to State learning standards.
(B) A description of all assessments that will be
used to measure student progress, which description
shall indicate the assessments that will be
administered at an attendance center within the school
district.
(C) A description of the progress reports that will
be provided to the school district and the person or
persons authorized to enroll the student under Section
10-20.12b of this Code.
(D) Expectations, processes, and schedules for
interaction between a teacher and student.
(E) A description of the specific responsibilities
of the student's family and the school district with
respect to equipment, materials, phone and Internet
service, and any other requirements applicable to the

home or other location outside of a school building
necessary for the delivery of the remote educational
program.
(F) If applicable, a description of how the remote
educational program will be delivered in a manner
consistent with the student's individualized education
program required by Section 614(d) of the federal
Individuals with Disabilities Education Improvement
Act of 2004 or plan to ensure compliance with Section
504 of the federal Rehabilitation Act of 1973.
(G) A description of the procedures and
opportunities for participation in academic and
extra-curricular activities and programs within the
school district.
(H) The identification of a parent, guardian, or
other responsible adult who will provide direct
supervision of the program. The plan must include an
acknowledgment by the parent, guardian, or other
responsible adult that he or she may engage only in
non-teaching duties not requiring instructional
judgment or the evaluation of a student. The plan shall
designate the parent, guardian, or other responsible
adult as non-teaching personnel or volunteer personnel
under subsection (a) of Section 10-22.34 of this Code.
(I) The identification of a school district
administrator who will oversee the remote educational

program on behalf of the school district and who may be
contacted by the student's parents with respect to any
issues or concerns with the program.
(J) The term of the student's participation in the
remote educational program, which may not extend for
longer than 12 months, unless the term is renewed by
the district in accordance with subdivision (7) of this
subsection (a).
(K) A description of the specific location or
locations in which the program will be delivered. If
the remote educational program is to be delivered to a
student in any location other than the student's home,
the plan must include a written determination by the
school district that the location will provide a
learning environment appropriate for the delivery of
the program. The location or locations in which the
program will be delivered shall be deemed a long
distance teaching reception area under subsection (a)
of Section 10-22.34 of this Code.
(L) Certification by the school district that the
plan meets all other requirements of this Section.
(6) Students participating in a remote educational
program must be enrolled in a school district attendance
center pursuant to the school district's enrollment policy
or policies. A student participating in a remote
educational program must be tested as part of all

assessments administered by the school district pursuant
to Section 2-3.64a-5 of this Code at the attendance center
in which the student is enrolled and in accordance with the
attendance center's assessment policies and schedule. The
student must be included within all accountability
determinations for the school district and attendance
center under State and federal law.
(7) The term of a student's participation in a remote
educational program may not extend for longer than 12
months, unless the term is renewed by the school district.
The district may only renew a student's participation in a
remote educational program following an evaluation of the
student's progress in the program, a determination that the
student's continuation in the program will best serve the
student's individual learning needs, and an amendment to
the student's written remote educational plan addressing
any changes for the upcoming term of the program.
For purposes of this Section, a remote educational program
does not include instruction delivered to students through an
e-learning program approved under Section 10-20.56 of this
Code.
(b) A school district may, by resolution of its school
board, establish a remote educational program.
(c) Clock hours of instruction by students in a remote
educational program meeting the requirements of this Section
may be claimed by the school district and shall be counted as

school work for general State aid purposes in accordance with
and subject to the limitations of Section 18-8.05 of this Code.
(d) The impact of remote educational programs on wages,
hours, and terms and conditions of employment of educational
employees within the school district shall be subject to local
collective bargaining agreements.
(e) The use of a home or other location outside of a school
building for a remote educational program shall not cause the
home or other location to be deemed a public school facility.
(f) A remote educational program may be used, but is not
required, for instruction delivered to a student in the home or
other location outside of a school building that is not claimed
for general State aid purposes under Section 18-8.05 of this
Code.
(g) School districts that, pursuant to this Section, adopt
a policy for a remote educational program must submit to the
State Board of Education a copy of the policy and any
amendments thereto, as well as data on student participation in
a format specified by the State Board of Education. The State
Board of Education may perform or contract with an outside
entity to perform an evaluation of remote educational programs
in this State.
(h) The State Board of Education may adopt any rules
necessary to ensure compliance by remote educational programs
with the requirements of this Section and other applicable
legal requirements.

(Source: P.A. 98-972, eff. 8-15-14; 99-193, eff. 7-30-15;
99-194, eff. 7-30-15; revised 10-9-15.)
(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. 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. 98-219, eff. 8-9-13; 99-30, eff. 7-10-15; 99-143,

eff. 7-27-15; revised 10-21-15.)
(105 ILCS 5/19-1)
Sec. 19-1. Debt limitations of school districts.
(a) School districts shall not be subject to the provisions
limiting their indebtedness prescribed in the Local Government
Debt Limitation Act "An Act to limit the indebtedness of
counties having a population of less than 500,000 and
townships, school districts and other municipal corporations
having a population of less than 300,000", approved February
15, 1928, as amended.
No school districts maintaining grades K through 8 or 9
through 12 shall become indebted in any manner or for any
purpose to an amount, including existing indebtedness, in the
aggregate exceeding 6.9% on the value of the taxable property
therein to be ascertained by the last assessment for State and
county taxes or, until January 1, 1983, if greater, the sum
that is produced by multiplying the school district's 1978
equalized assessed valuation by the debt limitation percentage
in effect on January 1, 1979, previous to the incurring of such
indebtedness.
No school districts maintaining grades K through 12 shall
become indebted in any manner or for any purpose to an amount,
including existing indebtedness, in the aggregate exceeding
13.8% on the value of the taxable property therein to be
ascertained by the last assessment for State and county taxes

or, until January 1, 1983, if greater, the sum that is produced
by multiplying the school district's 1978 equalized assessed
valuation by the debt limitation percentage in effect on
January 1, 1979, previous to the incurring of such
indebtedness.
No partial elementary unit district, as defined in Article
11E of this Code, shall become indebted in any manner or for
any purpose in an amount, including existing indebtedness, in
the aggregate exceeding 6.9% of the value of the taxable
property of the entire district, to be ascertained by the last
assessment for State and county taxes, plus an amount,
including existing indebtedness, in the aggregate exceeding
6.9% of the value of the taxable property of that portion of
the district included in the elementary and high school
classification, to be ascertained by the last assessment for
State and county taxes. Moreover, no partial elementary unit
district, as defined in Article 11E of this Code, shall become
indebted on account of bonds issued by the district for high
school purposes in the aggregate exceeding 6.9% of the value of
the taxable property of the entire district, to be ascertained
by the last assessment for State and county taxes, nor shall
the district become indebted on account of bonds issued by the
district for elementary purposes in the aggregate exceeding
6.9% of the value of the taxable property for that portion of
the district included in the elementary and high school
classification, to be ascertained by the last assessment for

State and county taxes.
Notwithstanding the provisions of any other law to the
contrary, in any case in which the voters of a school district
have approved a proposition for the issuance of bonds of such
school district at an election held prior to January 1, 1979,
and all of the bonds approved at such election have not been
issued, the debt limitation applicable to such school district
during the calendar year 1979 shall be computed by multiplying
the value of taxable property therein, including personal
property, as ascertained by the last assessment for State and
county taxes, previous to the incurring of such indebtedness,
by the percentage limitation applicable to such school district
under the provisions of this subsection (a).
(b) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, additional indebtedness may be
incurred in an amount not to exceed the estimated cost of
acquiring or improving school sites or constructing and
equipping additional building facilities under the following
conditions:
(1) Whenever the enrollment of students for the next
school year is estimated by the board of education to
increase over the actual present enrollment by not less
than 35% or by not less than 200 students or the actual
present enrollment of students has increased over the
previous school year by not less than 35% or by not less
than 200 students and the board of education determines

that additional school sites or building facilities are
required as a result of such increase in enrollment; and
(2) When the Regional Superintendent of Schools having
jurisdiction over the school district and the State
Superintendent of Education concur in such enrollment
projection or increase and approve the need for such
additional school sites or building facilities and the
estimated cost thereof; and
(3) When the voters in the school district approve a
proposition for the issuance of bonds for the purpose of
acquiring or improving such needed school sites or
constructing and equipping such needed additional building
facilities at an election called and held for that purpose.
Notice of such an election shall state that the amount of
indebtedness proposed to be incurred would exceed the debt
limitation otherwise applicable to the school district.
The ballot for such proposition shall state what percentage
of the equalized assessed valuation will be outstanding in
bonds if the proposed issuance of bonds is approved by the
voters; or
(4) Notwithstanding the provisions of paragraphs (1)
through (3) of this subsection (b), if the school board
determines that additional facilities are needed to
provide a quality educational program and not less than 2/3
of those voting in an election called by the school board
on the question approve the issuance of bonds for the

construction of such facilities, the school district may
issue bonds for this purpose; or
(5) Notwithstanding the provisions of paragraphs (1)
through (3) of this subsection (b), if (i) the school
district has previously availed itself of the provisions of
paragraph (4) of this subsection (b) to enable it to issue
bonds, (ii) the voters of the school district have not
defeated a proposition for the issuance of bonds since the
referendum described in paragraph (4) of this subsection
(b) was held, (iii) the school board determines that
additional facilities are needed to provide a quality
educational program, and (iv) a majority of those voting in
an election called by the school board on the question
approve the issuance of bonds for the construction of such
facilities, the school district may issue bonds for this
purpose.
In no event shall the indebtedness incurred pursuant to
this subsection (b) and the existing indebtedness of the school
district exceed 15% of the value of the taxable property
therein to be ascertained by the last assessment for State and
county taxes, previous to the incurring of such indebtedness
or, until January 1, 1983, if greater, the sum that is produced
by multiplying the school district's 1978 equalized assessed
valuation by the debt limitation percentage in effect on
January 1, 1979.
The indebtedness provided for by this subsection (b) shall

be in addition to and in excess of any other debt limitation.
(c) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, in any case in which a public
question for the issuance of bonds of a proposed school
district maintaining grades kindergarten through 12 received
at least 60% of the valid ballots cast on the question at an
election held on or prior to November 8, 1994, and in which the
bonds approved at such election have not been issued, the
school district pursuant to the requirements of Section 11A-10
(now repealed) may issue the total amount of bonds approved at
such election for the purpose stated in the question.
(d) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, a school district that meets
all the criteria set forth in paragraphs (1) and (2) of this
subsection (d) may incur an additional indebtedness in an
amount not to exceed $4,500,000, even though the amount of the
additional indebtedness authorized by this subsection (d),
when incurred and added to the aggregate amount of indebtedness
of the district existing immediately prior to the district
incurring the additional indebtedness authorized by this
subsection (d), causes the aggregate indebtedness of the
district to exceed the debt limitation otherwise applicable to
that district under subsection (a):
(1) The additional indebtedness authorized by this
subsection (d) is incurred by the school district through
the issuance of bonds under and in accordance with Section

17-2.11a for the purpose of replacing a school building
which, because of mine subsidence damage, has been closed
as provided in paragraph (2) of this subsection (d) or
through the issuance of bonds under and in accordance with
Section 19-3 for the purpose of increasing the size of, or
providing for additional functions in, such replacement
school buildings, or both such purposes.
(2) The bonds issued by the school district as provided
in paragraph (1) above are issued for the purposes of
construction by the school district of a new school
building pursuant to Section 17-2.11, to replace an
existing school building that, because of mine subsidence
damage, is closed as of the end of the 1992-93 school year
pursuant to action of the regional superintendent of
schools of the educational service region in which the
district is located under Section 3-14.22 or are issued for
the purpose of increasing the size of, or providing for
additional functions in, the new school building being
constructed to replace a school building closed as the
result of mine subsidence damage, or both such purposes.
(e) (Blank).
(f) Notwithstanding the provisions of subsection (a) of
this Section or of any other law, bonds in not to exceed the
aggregate amount of $5,500,000 and issued by a school district
meeting the following criteria shall not be considered
indebtedness for purposes of any statutory limitation and may

be issued in an amount or amounts, including existing
indebtedness, in excess of any heretofore or hereafter imposed
statutory limitation as to indebtedness:
(1) At the time of the sale of such bonds, the board of
education of the district shall have determined by
resolution that the enrollment of students in the district
is projected to increase by not less than 7% during each of
the next succeeding 2 school years.
(2) The board of education shall also determine by
resolution that the improvements to be financed with the
proceeds of the bonds are needed because of the projected
enrollment increases.
(3) The board of education shall also determine by
resolution that the projected increases in enrollment are
the result of improvements made or expected to be made to
passenger rail facilities located in the school district.
Notwithstanding the provisions of subsection (a) of this
Section or of any other law, a school district that has availed
itself of the provisions of this subsection (f) prior to July
22, 2004 (the effective date of Public Act 93-799) may also
issue bonds approved by referendum up to an amount, including
existing indebtedness, not exceeding 25% of the equalized
assessed value of the taxable property in the district if all
of the conditions set forth in items (1), (2), and (3) of this
subsection (f) are met.
(g) Notwithstanding the provisions of subsection (a) of

this Section or any other law, bonds in not to exceed an
aggregate amount of 25% of the equalized assessed value of the
taxable property of a school district and issued by a school
district meeting the criteria in paragraphs (i) through (iv) of
this subsection shall not be considered indebtedness for
purposes of any statutory limitation and may be issued pursuant
to resolution of the school board in an amount or amounts,
including existing indebtedness, in excess of any statutory
limitation of indebtedness heretofore or hereafter imposed:
(i) The bonds are issued for the purpose of
constructing a new high school building to replace two
adjacent existing buildings which together house a single
high school, each of which is more than 65 years old, and
which together are located on more than 10 acres and less
than 11 acres of property.
(ii) At the time the resolution authorizing the
issuance of the bonds is adopted, the cost of constructing
a new school building to replace the existing school
building is less than 60% of the cost of repairing the
existing school building.
(iii) The sale of the bonds occurs before July 1, 1997.
(iv) The school district issuing the bonds is a unit
school district located in a county of less than 70,000 and
more than 50,000 inhabitants, which has an average daily
attendance of less than 1,500 and an equalized assessed
valuation of less than $29,000,000.

(h) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1998, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 27.6% of the equalized assessed
value of the taxable property in the district, if all of the
following conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 of less than $24,000,000;
(ii) The bonds are issued for the capital improvement,
renovation, rehabilitation, or replacement of existing
school buildings of the district, all of which buildings
were originally constructed not less than 40 years ago;
(iii) The voters of the district approve a proposition
for the issuance of the bonds at a referendum held after
March 19, 1996; and
(iv) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(i) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1998, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 27% of the equalized assessed value
of the taxable property in the district, if all of the
following conditions are met:
(i) The school district has an equalized assessed

valuation for calendar year 1995 of less than $44,600,000;
(ii) The bonds are issued for the capital improvement,
renovation, rehabilitation, or replacement of existing
school buildings of the district, all of which existing
buildings were originally constructed not less than 80
years ago;
(iii) The voters of the district approve a proposition
for the issuance of the bonds at a referendum held after
December 31, 1996; and
(iv) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(j) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1999, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 27% of the equalized assessed value
of the taxable property in the district if all of the following
conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 of less than $140,000,000
and a best 3 months average daily attendance for the
1995-96 school year of at least 2,800;
(ii) The bonds are issued to purchase a site and build
and equip a new high school, and the school district's
existing high school was originally constructed not less
than 35 years prior to the sale of the bonds;

(iii) At the time of the sale of the bonds, the board
of education determines by resolution that a new high
school is needed because of projected enrollment
increases;
(iv) At least 60% of those voting in an election held
after December 31, 1996 approve a proposition for the
issuance of the bonds; and
(v) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(k) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, a school district that meets
all the criteria set forth in paragraphs (1) through (4) of
this subsection (k) may issue bonds to incur an additional
indebtedness in an amount not to exceed $4,000,000 even though
the amount of the additional indebtedness authorized by this
subsection (k), when incurred and added to the aggregate amount
of indebtedness of the school district existing immediately
prior to the school district incurring such additional
indebtedness, causes the aggregate indebtedness of the school
district to exceed or increases the amount by which the
aggregate indebtedness of the district already exceeds the debt
limitation otherwise applicable to that school district under
subsection (a):
(1) the school district is located in 2 counties, and a
referendum to authorize the additional indebtedness was
approved by a majority of the voters of the school district

voting on the proposition to authorize that indebtedness;
(2) the additional indebtedness is for the purpose of
financing a multi-purpose room addition to the existing
high school;
(3) the additional indebtedness, together with the
existing indebtedness of the school district, shall not
exceed 17.4% of the value of the taxable property in the
school district, to be ascertained by the last assessment
for State and county taxes; and
(4) the bonds evidencing the additional indebtedness
are issued, if at all, within 120 days of August 14, 1998
(the effective date of Public Act 90-757) this amendatory
Act of 1998.
(l) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 2000, a
school district maintaining grades kindergarten through 8 may
issue bonds up to an amount, including existing indebtedness,
not exceeding 15% of the equalized assessed value of the
taxable property in the district if all of the following
conditions are met:
(i) the district has an equalized assessed valuation
for calendar year 1996 of less than $10,000,000;
(ii) the bonds are issued for capital improvement,
renovation, rehabilitation, or replacement of one or more
school buildings of the district, which buildings were
originally constructed not less than 70 years ago;

(iii) the voters of the district approve a proposition
for the issuance of the bonds at a referendum held on or
after March 17, 1998; and
(iv) the bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(m) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1999, an
elementary school district maintaining grades K through 8 may
issue bonds up to an amount, excluding existing indebtedness,
not exceeding 18% of the equalized assessed value of the
taxable property in the district, if all of the following
conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 or less than $7,700,000;
(ii) The school district operates 2 elementary
attendance centers that until 1976 were operated as the
attendance centers of 2 separate and distinct school
districts;
(iii) The bonds are issued for the construction of a
new elementary school building to replace an existing
multi-level elementary school building of the school
district that is not 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, 2017, 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) 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. 98-617, eff. 1-7-14; 98-912, eff. 8-15-14;
98-916, eff. 8-15-14; 99-78, eff. 7-20-15; 99-143, eff.
7-27-15; 99-390, eff. 8-18-15; revised 10-13-15.)

(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 with a minimum
of 15 semester hours in content coursework 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, as required by
Section 21B-30 of this Code, 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
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, as required under Section 21B-30 of this Code.
(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 only
one time 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
one time if the individual passes a test of basic
skills, as required under Section 21B-30 of this Code,
and has completed a minimum of 20 semester hours from a
regionally accredited institution.
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.

(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,
or accounting 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.
(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 and
may be renewed if the individual has passed a test of basic
skills, as authorized under Section 21B-30 of this Code. An
individual who has passed a test of basic skills for the
first licensure renewal is not required to retake the test
again for further renewals.

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. 98-28, eff. 7-1-13; 98-751, eff. 1-1-15; 99-35,
eff. 1-1-16; 99-58, eff. 7-16-15; 99-143, eff. 7-27-15; revised
10-14-15.)
(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. 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. 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 shall
complete one Illinois Administrators' Academy course, as
described in Article 2 of this Code, in each 5-year renewal
cycle in which the administrative endorsement was held for
at least one year. The Illinois Administrators' Academy
course may count toward the total of 120 hours per 5-year

cycle.
(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. 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.
(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)
this amendatory Act of the 98th General Assembly shall
commence the annual renewal process with the first
scheduled registration due after December 27, 2013 (the
effective date of Public Act 98-610) this amendatory Act of
the 98th General Assembly.
(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) this
amendatory Act of the 98th General Assembly, 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) (7) 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 approved providers, except for school districts,
which shall be audited by regional offices of education and
intermediate service centers. 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) Beginning July 1, 2014, 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 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. 98-610, eff. 12-27-13; 98-1147, eff. 12-31-14;
99-58, eff. 7-16-15; 99-130, eff. 7-24-15; revised 10-21-15.)
(105 ILCS 5/22-30)
Sec. 22-30. Self-administration and self-carry of asthma
medication and epinephrine auto-injectors; administration of
undesignated epinephrine auto-injectors; administration of an
opioid antagonist.
(a) For the purpose of this Section only, the following

terms shall have the meanings set forth below:
"Asthma inhaler" means a quick reliever asthma inhaler.
"Epinephrine auto-injector" means a single-use device used
for the automatic injection of a pre-measured dose of
epinephrine into the human body.
"Asthma medication" means a medicine, prescribed by (i) a
physician licensed to practice medicine in all its branches,
(ii) a licensed physician assistant prescriptive authority, or
(iii) a licensed advanced practice nurse prescriptive
authority for a pupil that pertains to the pupil's asthma and
that has an individual prescription label.
"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.
"School nurse" means a registered nurse working in a school
with or without licensure endorsed in school nursing.
"Self-administration" means a pupil's discretionary use of
his or her prescribed asthma medication or epinephrine
auto-injector.
"Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine auto-injector.
"Standing protocol" may be issued by (i) a physician
licensed to practice medicine in all its branches, (ii) a
licensed physician assistant prescriptive authority, or (iii)

a licensed advanced practice nurse prescriptive.
"Trained personnel" means any school employee or volunteer
personnel authorized in Sections 10-22.34, 10-22.34a, and
10-22.34b of this Code who has completed training under
subsection (g) of this Section to recognize and respond to
anaphylaxis.
"Undesignated epinephrine auto-injector" means an
epinephrine auto-injector prescribed in the name of a school
district, public school, or nonpublic school.
(b) A school, whether public or nonpublic, must permit the
self-administration and self-carry of asthma medication by a
pupil with asthma or the self-administration and self-carry of
an epinephrine auto-injector by a pupil, provided that:
(1) the parents or guardians of the pupil provide to
the school (i) written authorization from the parents or
guardians for (A) the self-administration and self-carry
of asthma medication or (B) the self-carry of asthma
medication or (ii) for (A) the self-administration and
self-carry of an epinephrine auto-injector or (B) the
self-carry of an epinephrine auto-injector, written
authorization from the pupil's physician, physician
assistant, or advanced practice nurse; and
(2) the parents or guardians of the pupil provide to
the school (i) the prescription label, which must contain
the name of the asthma medication, the prescribed dosage,
and the time at which or circumstances under which the

asthma medication is to be administered, or (ii) for the
self-administration or self-carry of an epinephrine
auto-injector, a written statement from the pupil's
physician, physician assistant, or advanced practice nurse
containing the following information:
(A) the name and purpose of the epinephrine
auto-injector;
(B) the prescribed dosage; and
(C) the time or times at which or the special
circumstances under which the epinephrine
auto-injector is to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the
school's administrator.
(b-5) A school district, public school, or nonpublic school
may authorize the provision of a student-specific or
undesignated epinephrine auto-injector to a student or any
personnel authorized under a student's Individual Health Care
Action Plan, Illinois Food Allergy Emergency Action Plan and
Treatment Authorization Form, or plan pursuant to Section 504
of the federal Rehabilitation Act of 1973 to administer an
epinephrine auto-injector to the student, that meets the
student's prescription on file.
(b-10) The school district, public school, or nonpublic
school may authorize a school nurse or trained personnel to do
the following: (i) provide an undesignated epinephrine

auto-injector to a student for self-administration only or any
personnel authorized under a student's Individual Health Care
Action Plan, Illinois Food Allergy Emergency Action Plan and
Treatment Authorization Form, or plan pursuant to Section 504
of the federal Rehabilitation Act of 1973 to administer to the
student, that meets the student's prescription on file; (ii)
administer an undesignated epinephrine auto-injector that
meets the prescription on file to any student who has an
Individual Health Care Action Plan, Illinois Food Allergy
Emergency Action Plan and Treatment Authorization Form, or plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973 that authorizes the use of an epinephrine auto-injector;
(iii) administer an undesignated epinephrine auto-injector to
any person that the school nurse or trained personnel in good
faith believes is having an anaphylactic reaction; and (iv)
administer an opioid antagonist to any person that the school
nurse or trained personnel in good faith believes is having an
opioid overdose.
(c) The school district, public school, or nonpublic school
must inform the parents or guardians of the pupil, in writing,
that the school district, public school, or nonpublic school
and its employees and agents, including a physician, physician
assistant, or advanced practice nurse providing standing
protocol or prescription for school epinephrine
auto-injectors, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result

of any injury arising from the administration of asthma
medication, an epinephrine auto-injector, or an opioid
antagonist regardless of whether authorization was given by the
pupil's parents or guardians or by the pupil's physician,
physician assistant, or advanced practice nurse. The parents or
guardians of the pupil must sign a statement acknowledging that
the school district, public school, or nonpublic school and its
employees and agents are to incur no liability, except for
willful and wanton conduct, as a result of any injury arising
from the administration of asthma medication, an epinephrine
auto-injector, or an opioid antagonist regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice nurse and that the parents or guardians must indemnify
and hold harmless the school district, public school, or
nonpublic school and its employees and agents against any
claims, except a claim based on willful and wanton conduct,
arising out of the administration of asthma medication, an
epinephrine auto-injector, or an opioid antagonist regardless
of whether authorization was given by the pupil's parents or
guardians or by the pupil's physician, physician assistant, or
advanced practice nurse.
(c-5) When a school nurse or trained personnel administers
an undesignated epinephrine auto-injector to a person whom the
school nurse or trained personnel in good faith believes is
having an anaphylactic reaction, or administers an opioid

antagonist to a person whom the school nurse or trained
personnel in good faith believes is having an opioid overdose,
notwithstanding the lack of notice to the parents or guardians
of the pupil or the absence of the parents or guardians signed
statement acknowledging no liability, except for willful and
wanton conduct, the school district, public school, or
nonpublic school and its employees and agents, and a physician,
a physician assistant, or an advanced practice nurse providing
standing protocol or prescription for undesignated epinephrine
auto-injectors, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the use of an undesignated
epinephrine auto-injector or the use of an opioid antagonist
regardless of whether authorization was given by the pupil's
parents or guardians or by the pupil's physician, physician
assistant, or advanced practice nurse.
(d) The permission for self-administration and self-carry
of asthma medication or the self-administration and self-carry
of an epinephrine auto-injector is effective for the school
year for which it is granted and shall be renewed each
subsequent school year upon fulfillment of the requirements of
this Section.
(e) Provided that the requirements of this Section are
fulfilled, a pupil with asthma may self-administer and
self-carry his or her asthma medication or a pupil may
self-administer and self-carry an epinephrine auto-injector

(i) while in school, (ii) while at a school-sponsored activity,
(iii) while under the supervision of school personnel, or (iv)
before or after normal school activities, such as while in
before-school or after-school care on school-operated
property.
(e-5) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine auto-injector to any person whom
the school nurse or trained personnel in good faith believes to
be having an anaphylactic reaction (i) while in school, (ii)
while at a school-sponsored activity, (iii) while under the
supervision of school personnel, or (iv) before or after normal
school activities, such as while in before-school or
after-school care on school-operated property. A school nurse
or trained personnel may carry undesignated epinephrine
auto-injectors on his or her person while in school or at a
school-sponsored activity.
(e-10) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an opioid antagonist to any person whom the school nurse or
trained personnel in good faith believes to be having an opioid
overdose (i) while in school, (ii) while at a school-sponsored
activity, (iii) while under the supervision of school
personnel, or (iv) before or after normal school activities,
such as while in before-school or after-school care on
school-operated property. A school nurse or trained personnel

may carry an opioid antagonist on their person while in school
or at a school-sponsored activity.
(f) The school district, public school, or nonpublic school
may maintain a supply of undesignated epinephrine
auto-injectors in any secure location where an allergic person
is most at risk, including, but not limited to, classrooms and
lunchrooms. A physician, a physician assistant who has been
delegated prescriptive authority in accordance with Section
7.5 of the Physician Assistant Practice Act of 1987, or an
advanced practice nurse who has been delegated prescriptive
authority in accordance with Section 65-40 of the Nurse
Practice Act may prescribe undesignated epinephrine
auto-injectors in the name of the school district, public
school, or nonpublic school to be maintained for use when
necessary. Any supply of epinephrine auto-injectors shall be
maintained in accordance with the manufacturer's instructions.
The school district, public school, or nonpublic school may
maintain a supply of an opioid antagonist in any secure
location where an individual may have an opioid overdose. A
health care professional who has been delegated prescriptive
authority for opioid antagonists in accordance with Section
5-23 of the Alcoholism and Other Drug Abuse and Dependency Act
may prescribe opioid antagonists in the name of the school
district, public school, or nonpublic school, to be maintained
for use when necessary. Any supply of opioid antagonists shall
be maintained in accordance with the manufacturer's

instructions.
(f-5) Upon any administration of an epinephrine
auto-injector, a school district, public school, or nonpublic
school must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
Upon any administration of an opioid antagonist, a school
district, public school, or nonpublic school must immediately
activate the EMS system and notify the student's parent,
guardian, or emergency contact, if known.
(f-10) Within 24 hours of the administration of an
undesignated epinephrine auto-injector, a school district,
public school, or nonpublic school must notify the physician,
physician assistant, or advanced advance practice nurse who
provided the standing protocol or prescription for the
undesignated epinephrine auto-injector of its use.
Within 24 hours after the administration of an opioid
antagonist, a school district, public school, or nonpublic
school must notify the health care professional who provided
the prescription for the opioid antagonist of its use.
(g) Prior to the administration of an undesignated
epinephrine auto-injector, trained personnel must submit to
their his or her school's administration proof of completion of
a training curriculum to recognize and respond to anaphylaxis
that meets the requirements of subsection (h) of this Section.
Training must be completed annually. Trained personnel must
also submit to their his or her school's administration proof

of cardiopulmonary resuscitation and automated external
defibrillator certification. The school district, public
school, or nonpublic school must maintain records related to
the training curriculum and trained personnel.
Prior to the administration of an opioid antagonist,
trained personnel must submit to their school's administration
proof of completion of a training curriculum to recognize and
respond to an opioid overdose, which curriculum must meet the
requirements of subsection (h-5) of this Section. Training must
be completed annually. Trained personnel must also submit to
the school's administration proof of cardiopulmonary
resuscitation and automated external defibrillator
certification. The school district, public school, or
nonpublic school must maintain records relating to the training
curriculum and the trained personnel.
(h) A training curriculum to recognize and respond to
anaphylaxis, including the administration of an undesignated
epinephrine auto-injector, may be conducted online or in
person. It must include, but is not limited to:
(1) how to recognize symptoms of an allergic reaction;
(2) a review of high-risk areas within the school and
its related facilities;
(3) steps to take to prevent exposure to allergens;
(4) how to respond to an emergency involving an
allergic reaction;
(5) how to administer an epinephrine auto-injector;

(6) how to respond to a student with a known allergy as
well as a student with a previously unknown allergy;
(7) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(8) other criteria as determined in rules adopted
pursuant to this Section.
In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all of
its branches, registered nurses, and school nurses, the State
Board of Education shall make available resource materials
consistent with criteria in this subsection (h) for educating
trained personnel to recognize and respond to anaphylaxis. The
State Board may take into consideration the curriculum on this
subject developed by other states, as well as any other
curricular materials suggested by medical experts and other
groups that work on life-threatening allergy issues. The State
Board is not required to create new resource materials. The
State Board shall make these resource materials available on
its Internet website.
(h-5) A training curriculum to recognize and respond to an
opioid overdose, including the administration of an opioid
antagonist, may be conducted online or in person. The training
must comply with any training requirements under Section 5-23
of the Alcoholism and Other Drug Abuse and Dependency Act and
the corresponding rules. It must include, but is not limited

to:
(1) how to recognize symptoms of an opioid overdose;
(2) information on drug overdose prevention and
recognition;
(3) how to perform rescue breathing and resuscitation;
(4) how to respond to an emergency involving an opioid
overdose;
(5) opioid antagonist dosage and administration;
(6) the importance of calling 911;
(7) care for the overdose victim after administration
of the overdose antagonist;
(8) a test demonstrating competency of the knowledge
required to recognize an opioid overdose and administer a
dose of an opioid antagonist; and
(9) other criteria as determined in rules adopted
pursuant to this Section.
(i) Within 3 days after the administration of an
undesignated epinephrine auto-injector by a school nurse,
trained personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board in a form
and manner prescribed by the State Board the following
information:
(1) age and type of person receiving epinephrine
(student, staff, visitor);
(2) any previously known diagnosis of a severe allergy;
(3) trigger that precipitated allergic episode;

(4) location where symptoms developed;
(5) number of doses administered;
(6) type of person administering epinephrine (school
nurse, trained personnel, student); and
(7) any other information required by the State Board.
(i-5) Within 3 days after the administration of an opioid
antagonist by a school nurse or trained personnel, the school
must report to the State Board, in a form and manner prescribed
by the State Board, the following information:
(1) the age and type of person receiving the opioid
antagonist (student, staff, or visitor);
(2) the location where symptoms developed;
(3) the type of person administering the opioid
antagonist (school nurse or trained personnel); and
(4) any other information required by the State Board.
(j) By October 1, 2015 and every year thereafter, the State
Board shall submit a report to the General Assembly identifying
the frequency and circumstances of epinephrine administration
during the preceding academic year. This report shall be
published on the State Board's Internet website on the date the
report is delivered to the General Assembly.
On or before October 1, 2016 and every year thereafter, the
State Board shall submit a report to the General Assembly and
the Department of Public Health identifying the frequency and
circumstances of opioid antagonist administration during the
preceding academic year. This report shall be published on the

State Board's Internet website on the date the report is
delivered to the General Assembly.
(k) The State Board may adopt rules necessary to implement
this Section.
(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
99-480, eff. 9-9-15; revised 10-13-15.)
(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.
"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.
"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 nurse.
"Physician" means a physician licensed to practice
medicine in all of its branches under the Medical 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. 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) or an athletic trainer working under the
supervision of a physician;
(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 or athletic trainer working
under the supervision of a physician 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; 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 or
athletic trainer'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 or athletic trainer'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 or the athletic trainer, 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 and game officials of interscholastic athletic
activities, 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 who serves as a member of a concussion
oversight team and is an employee, representative, or agent
of a school;
(C) a game official of an interscholastic athletic
activity; and
(D) a nurse who serves on a volunteer basis as a member
of a concussion oversight team for a school.
(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 or game officials, 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;
and
(C) a nurse must take a course concerning the subject
matter of concussions that has been approved for continuing

education credit 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, athletic trainer, or nurse 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 initially
complete the training not later than September 1, 2016.
(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.)
(105 ILCS 5/22-81)
Sec. 22-81 22-80. Heroin and opioid prevention pilot
program. By January 1, 2017, the State Board of Education and
the Department of Human Services shall develop and establish a
3-year heroin and opioid drug prevention pilot program that
offers educational materials and instruction on heroin and
opioid abuse to all school districts in the State for use at

their respective public elementary and secondary schools. A
school district's participation in the pilot program shall be
voluntary. Subject to appropriation, the Department of Human
Services shall reimburse a school district that decides to
participate in the pilot program for any costs it incurs in
connection with its participation in the pilot program. Each
school district that participates in the pilot program shall
have the discretion to determine which grade levels the school
district will instruct under the program.
The pilot program must use effective, research-proven,
interactive teaching methods and technologies, and must
provide students, parents, and school staff with scientific,
social, and emotional learning content to help them understand
the risk of drug use. Such learning content must specifically
target the dangers of prescription pain medication and heroin
abuse. The Department may contract with a health education
organization to fulfill the requirements of the pilot program.
The State Board of Education, the Department of Human
Services, and any contracted organization shall submit an
annual report to the General Assembly that includes: (i) a list
of school districts participating in the pilot program; (ii)
the grade levels each school district instructs under the pilot
program; and (iii) any findings regarding the effectiveness of
the pilot program.
(Source: P.A. 99-480, eff. 9-9-15; revised 10-19-15.)

(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 the effective date of 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 the effective date of 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 the
collection of data relating to 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. 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 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 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."
(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 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 obesity. 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
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 and eye examinations. 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 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 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. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
99-249, eff. 8-3-15; revised 10-21-15.)
(105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2)
Sec. 27-24.2. Safety education; driver education course.
Instruction shall be given in safety education in each of
grades one through though 8, equivalent to one class period
each week, and any school district which maintains grades 9
through 12 shall offer a driver education course in any such
school which it operates. Its curriculum shall include content
dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois
Vehicle Code, the rules adopted pursuant to those Chapters
insofar as they pertain to the operation of motor vehicles, and
the portions of the Litter Control Act relating to the
operation of motor vehicles. The course of instruction given in
grades 10 through 12 shall include an emphasis on the
development of knowledge, attitudes, habits, and skills
necessary for the safe operation of motor vehicles, including

motorcycles insofar as they can be taught in the classroom, and
instruction on distracted driving as a major traffic safety
issue. In addition, the course shall include instruction on
special hazards existing at and required safety and driving
precautions that must be observed at emergency situations,
highway construction and maintenance zones, and railroad
crossings and the approaches thereto. The course of instruction
required of each eligible student at the high school level
shall consist of a minimum of 30 clock hours of classroom
instruction and a minimum of 6 clock hours of individual
behind-the-wheel instruction in a dual control car on public
roadways taught by a driver education instructor endorsed by
the State Board of Education. Both the classroom instruction
part and the practice driving part of such driver education
course shall be open to a resident or non-resident student
attending a non-public school in the district wherein the
course is offered. Each student attending any public or
non-public high school in the district must receive a passing
grade in at least 8 courses during the previous 2 semesters
prior to enrolling in a driver education course, or the student
shall not be permitted to enroll in the course; provided that
the local superintendent of schools (with respect to a student
attending a public high school in the district) or chief school
administrator (with respect to a student attending a non-public
high school in the district) may waive the requirement if the
superintendent or chief school administrator, as the case may

be, deems it to be in the best interest of the student. A
student may be allowed to commence the classroom instruction
part of such driver education course prior to reaching age 15
if such student then will be eligible to complete the entire
course within 12 months after being allowed to commence such
classroom instruction.
Such a course may be commenced immediately after the
completion of a prior course. Teachers of such courses shall
meet the certification requirements of this Act and regulations
of the State Board as to qualifications.
Subject to rules of the State Board of Education, the
school district may charge a reasonable fee, not to exceed $50,
to students who participate in the course, unless a student is
unable to pay for such a course, in which event the fee for
such a student must be waived. However, the district may
increase this fee to an amount not to exceed $250 by school
board resolution following a public hearing on the increase,
which increased fee must be waived for students who participate
in the course and are unable to pay for the course. The total
amount from driver education fees and reimbursement from the
State for driver education must not exceed the total cost of
the driver education program in any year and must be deposited
into the school district's driver education fund as a separate
line item budget entry. All moneys deposited into the school
district's driver education fund must be used solely for the
funding of a high school driver education program approved by

the State Board of Education that uses driver education
instructors endorsed by the State Board of Education.
(Source: P.A. 96-734, eff. 8-25-09; 97-145, eff. 7-14-11;
revised 10-21-15.)
(105 ILCS 5/27A-5)
(Text of Section before amendment by P.A. 99-456)
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) this
amendatory Act of the 93rd General Assembly, 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 this amendatory Act of the 93rd
General Assembly do not apply to charter schools existing or
approved on or before April 16, 2003 (the effective date of
Public Act 93-3) this amendatory Act.
(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 24-24 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;
(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; and
(10) Section 2-3.162 of this Code regarding student
discipline reporting; and
(11) Section 22-80 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) this
amendatory Act of the 93rd General Assembly 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) this amendatory Act of the
93rd General Assembly 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. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
8-10-15; revised 10-19-15.)
(Text of Section after amendment by P.A. 99-456)
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) this
amendatory Act of the 93rd General Assembly, 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 this amendatory Act of the 93rd
General Assembly do not apply to charter schools existing or
approved on or before April 16, 2003 (the effective date of
Public Act 93-3) this amendatory Act.
(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;
(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; and
(10) Section 2-3.162 of this Code regarding student
discipline reporting; and
(11) Section 22-80 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) this
amendatory Act of the 93rd General Assembly 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) this amendatory Act of the
93rd General Assembly 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. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 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; revised 10-19-15.)
(105 ILCS 5/32-5) (from Ch. 122, par. 32-5)
Sec. 32-5. Bond issues - District boundaries coextensive
with city. For the purpose of building or repairing
schoolhouses or purchasing or improving school sites,
including the purchase of school sites outside the boundaries
of the school district and building school buildings thereon as
provided by Section 10-20.10 of this Act, any special charter
district governed by a special charter, and special or general
school laws, whose boundaries are coextensive with or greater
than the boundaries of any incorporated city, town or village,
where authorized by a majority of all the votes cast on the
proposition may borrow money and as evidence of the
indebtedness, may issue bonds in denominations of not less than
$100 nor more than $1,000, for a term not to exceed 20 years
bearing interest at a rate not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the

time of the making of the contract, payable annually,
semi-annually, or quarterly, ct signed by the president and
secretary of the school board of the district; provided, that
the amount borrowed shall not exceed, including existing
indebtedness, 5% of the taxable property of such school
district, as ascertained by the last assessment for State and
county taxes previous to incurring such indebtedness.
With respect to instruments for the payment of money issued
under this Section either before, on, or after June 6, 1989
(the effective date of Public Act 86-4) this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Act that may appear to be or to have been
more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section within the supplementary
authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Act that may appear to be or
to have been more restrictive than those Acts.
(Source: P.A. 86-4; revised 10-9-15.)
(105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
Sec. 34-2.4. School improvement plan. A 3-year 3 year local

school improvement plan shall be developed and implemented at
each attendance center. This plan shall reflect the overriding
purpose of the attendance center to improve educational
quality. The local school principal shall develop a school
improvement plan in consultation with the local school council,
all categories of school staff, parents and community
residents. Once the plan is developed, reviewed by the
professional personnel leadership committee, and approved by
the local school council, the principal shall be responsible
for directing implementation of the plan, and the local school
council shall monitor its implementation. After the
termination of the initial 3-year 3 year plan, a new 3-year 3
year plan shall be developed and modified as appropriate on an
annual basis.
The school improvement plan shall be designed to achieve
priority goals including but not limited to:
(a) assuring that students show significant progress
toward meeting and exceeding State performance standards
in State mandated learning areas, including the mastery of
higher order thinking skills in these areas;
(b) assuring that students attend school regularly and
graduate from school at such rates that the district
average equals or surpasses national norms;
(c) assuring that students are adequately prepared for
and aided in making a successful transition to further
education and life experience;

(d) assuring that students are adequately prepared for
and aided in making a successful transition to employment;
and
(e) assuring that students are, to the maximum extent
possible, provided with a common learning experience that
is of high academic quality and that reflects high
expectations for all students' capacities to learn.
With respect to these priority goals, the school
improvement plan shall include but not be limited to the
following:
(a) an analysis of data collected in the attendance
center and community indicating the specific strengths and
weaknesses of the attendance center in light of the goals
specified above, including data and analysis specified by
the State Board of Education pertaining to specific
measurable outcomes for student performance, the
attendance centers, and their instructional programs;
(b) a description of specific annual objectives the
attendance center will pursue in achieving the goals
specified above;
(c) a description of the specific activities the
attendance center will undertake to achieve its
objectives;
(d) an analysis of the attendance center's staffing
pattern and material resources, and an explanation of how
the attendance center's planned staffing pattern, the

deployment of staff, and the use of material resources
furthers the objectives of the plan;
(e) a description of the key assumptions and directions
of the school's curriculum and the academic and
non-academic programs of the attendance center, and an
explanation of how this curriculum and these programs
further the goals and objectives of the plan;
(f) a description of the steps that will be taken to
enhance educational opportunities for all students,
regardless of gender, including English learners, students
with disabilities, low-income students, and minority
students;
(g) a description of any steps which may be taken by
the attendance center to educate parents as to how they can
assist children at home in preparing their children to
learn effectively;
(h) a description of the steps the attendance center
will take to coordinate its efforts with, and to gain the
participation and support of, community residents,
business organizations, and other local institutions and
individuals;
(i) a description of any staff development program for
all school staff and volunteers tied to the priority goals,
objectives, and activities specified in the plan;
(j) a description of the steps the local school council
will undertake to monitor implementation of the plan on an

ongoing basis;
(k) a description of the steps the attendance center
will take to ensure that teachers have working conditions
that provide a professional environment conducive to
fulfilling their responsibilities;
(l) a description of the steps the attendance center
will take to ensure teachers the time and opportunity to
incorporate new ideas and techniques, both in subject
matter and teaching skills, into their own work;
(m) a description of the steps the attendance center
will take to encourage pride and positive identification
with the attendance center through various athletic
activities; and
(n) a description of the student need for and provision
of services to special populations, beyond the standard
school programs provided for students in grades K through
12 and those enumerated in the categorical programs cited
in item d of part 4 of Section 34-2.3, including financial
costs of providing same and a timeline for implementing the
necessary services, including but not limited, when
applicable, to ensuring the provisions of educational
services to all eligible children aged 4 years for the
1990-91 school year and thereafter, reducing class size to
State averages in grades K-3 for the 1991-92 school year
and thereafter and in all grades for the 1993-94 school
year and thereafter, and providing sufficient staff and

facility resources for students not served in the regular
classroom setting.
Based on the analysis of data collected indicating specific
strengths and weaknesses of the attendance center, the school
improvement plan may place greater emphasis from year to year
on particular priority goals, objectives, and activities.
(Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15;
revised 10-21-15.)
(105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
Sec. 34-8.1. Principals. Principals shall be employed to
supervise the operation of each attendance center. Their powers
and duties shall include but not be limited to the authority
(i) to direct, supervise, evaluate, and suspend with or without
pay or otherwise discipline all teachers, assistant
principals, and other employees assigned to the attendance
center in accordance with board rules and policies and (ii) to
direct all other persons assigned to the attendance center
pursuant to a contract with a third party to provide services
to the school system. The right to employ, discharge, and
layoff shall be vested solely with the board, provided that
decisions to discharge or suspend non-certified employees,
including disciplinary layoffs, and the termination of
certified employees from employment pursuant to a layoff or
reassignment policy are subject to review under the grievance
resolution procedure adopted pursuant to subsection (c) of

Section 10 of the Illinois Educational Labor Relations Act. The
grievance resolution procedure adopted by the board shall
provide for final and binding arbitration, and,
notwithstanding any other provision of law to the contrary, the
arbitrator's decision may include all make-whole relief,
including without limitation reinstatement. The principal
shall fill positions by appointment as provided in this Section
and may make recommendations to the board regarding the
employment, discharge, or layoff of any individual. The
authority of the principal shall include the authority to
direct the hours during which the attendance center shall be
open and available for use provided the use complies with board
rules and policies, to determine when and what operations shall
be conducted within those hours, and to schedule staff within
those hours. Under the direction of, and subject to the
authority of the principal, the Engineer In Charge shall be
accountable for the safe, economical operation of the plant and
grounds and shall also be responsible for orientation,
training, and supervising the work of Engineers, Trainees,
school maintenance assistants, custodial workers and other
plant operation employees under his or her direction.
There shall be established by the board a system of
semi-annual evaluations conducted by the principal as to
performance of the engineer in charge. Nothing in this Section
shall prevent the principal from conducting additional
evaluations. An overall numerical rating shall be given by the

principal based on the evaluation conducted by the principal.
An unsatisfactory numerical rating shall result in
disciplinary action, which may include, without limitation and
in the judgment of the principal, loss of promotion or bidding
procedure, reprimand, suspension with or without pay, or
recommended dismissal. The board shall establish procedures
for conducting the evaluation and reporting the results to the
engineer in charge.
Under the direction of, and subject to the authority of,
the principal, the Food Service Manager is responsible at all
times for the proper operation and maintenance of the lunch
room to which he is assigned and shall also be responsible for
the orientation, training, and supervising the work of cooks,
bakers, porters, and lunchroom attendants under his or her
direction.
There shall be established by the Board a system of
semi-annual evaluations conducted by the principal as to the
performance of the food service manager. Nothing in this
Section shall prevent the principal from conducting additional
evaluations. An overall numerical rating shall be given by the
principal based on the evaluation conducted by the principal.
An unsatisfactory numerical rating shall result in
disciplinary action which may include, without limitation and
in the judgment of the principal, loss of promotion or bidding
procedure, reprimand, suspension with or without pay, or
recommended dismissal. The board shall establish rules for

conducting the evaluation and reporting the results to the food
service manager.
Nothing in this Section shall be interpreted to require the
employment or assignment of an Engineer-In-Charge or a Food
Service Manager for each attendance center.
Principals shall be employed to supervise the educational
operation of each attendance center. If a principal is absent
due to extended illness or leave of or absence, an assistant
principal may be assigned as acting principal for a period not
to exceed 100 school days. Each principal shall assume
administrative responsibility and instructional leadership, in
accordance with reasonable rules and regulations of the board,
for the planning, operation and evaluation of the educational
program of the attendance center to which he is assigned. The
principal shall submit recommendations to the general
superintendent concerning the appointment, dismissal,
retention, promotion, and assignment of all personnel assigned
to the attendance center; provided, that from and after
September 1, 1989: (i) if any vacancy occurs in a position at
the attendance center or if an additional or new position is
created at the attendance center, that position shall be filled
by appointment made by the principal in accordance with
procedures established and provided by the Board whenever the
majority of the duties included in that position are to be
performed at the attendance center which is under the
principal's supervision, and each such appointment so made by

the principal shall be made and based upon merit and ability to
perform in that position without regard to seniority or length
of service, provided, that such appointments shall be subject
to the Board's desegregation obligations, including but not
limited to the Consent Decree and Desegregation Plan in U.S. v.
Chicago Board of Education; (ii) the principal shall submit
recommendations based upon merit and ability to perform in the
particular position, without regard to seniority or length of
service, to the general superintendent concerning the
appointment of any teacher, teacher aide, counselor, clerk,
hall guard, security guard and any other personnel which is to
be made by the general superintendent whenever less than a
majority of the duties of that teacher, teacher aide,
counselor, clerk, hall guard, and security guard and any other
personnel are to be performed at the attendance center which is
under the principal's supervision; and (iii) subject to law and
the applicable collective bargaining agreements, the authority
and responsibilities of a principal with respect to the
evaluation of all teachers and other personnel assigned to an
attendance center shall commence immediately upon his or her
appointment as principal of the attendance center, without
regard to the length of time that he or she has been the
principal of that attendance center.
Notwithstanding the existence of any other law of this
State, nothing in this Act shall prevent the board from
entering into a contract with a third party for services

currently performed by any employee or bargaining unit member.
Notwithstanding any other provision of this Article, each
principal may approve contracts, binding on the board, in the
amount of no more than $10,000, if the contract is endorsed by
the Local School Council.
Unless otherwise prohibited by law or by rule of the board,
the principal shall provide to local school council members
copies of all internal audits and any other pertinent
information generated by any audits or reviews of the programs
and operation of the attendance center.
Each principal shall hold a valid administrative
certificate issued or exchanged in accordance with Article 21
and endorsed as required by that Article for the position of
principal. The board may establish or impose academic,
educational, examination, and experience requirements and
criteria that are in addition to those established and required
by Article 21 for issuance of a valid certificate endorsed for
the position of principal as a condition of the nomination,
selection, appointment, employment, or continued employment of
a person as principal of any attendance center, or as a
condition of the renewal of any principal's performance
contract.
The board shall specify in its formal job description for
principals, and from and after July 1, 1990 shall specify in
the 4 year performance contracts for use with respect to all
principals, that his or her primary responsibility is in the

improvement of instruction. A majority of the time spent by a
principal shall be spent on curriculum and staff development
through both formal and informal activities, establishing
clear lines of communication regarding school goals,
accomplishments, practices and policies with parents and
teachers. The principal, with the assistance of the local
school council, shall develop a school improvement plan as
provided in Section 34-2.4 and, upon approval of the plan by
the local school council, shall be responsible for directing
implementation of the plan. The principal, with the assistance
of the professional personnel leadership committee, shall
develop the specific methods and contents of the school's
curriculum within the board's system-wide curriculum standards
and objectives and the requirements of the school improvement
plan. The board shall ensure that all principals are evaluated
on their instructional leadership ability and their ability to
maintain a positive education and learning climate. It shall
also be the responsibility of the principal to utilize
resources of proper law enforcement agencies when the safety
and welfare of students and teachers are threatened by illegal
use of drugs and alcohol, by illegal use or possession of
weapons, or by illegal gang activity.
Nothing in this Section shall prohibit the board and the
exclusive representative of the district's teachers from
entering into an agreement under Section 34-85c of this Code to
establish alternative procedures for teacher evaluation,

remediation, and removal for cause after remediation,
including an alternative system for peer evaluation and
recommendations, for teachers assigned to schools identified
in that agreement.
On or before October 1, 1989, the Board of Education, in
consultation with any professional organization representing
principals in the district, shall promulgate rules and
implement a lottery for the purpose of determining whether a
principal's existing performance contract (including the
performance contract applicable to any principal's position in
which a vacancy then exists) expires on June 30, 1990 or on
June 30, 1991, and whether the ensuing 4 year performance
contract begins on July 1, 1990 or July 1, 1991. The Board of
Education shall establish and conduct the lottery in such
manner that of all the performance contracts of principals
(including the performance contracts applicable to all
principal positions in which a vacancy then exists), 50% of
such contracts shall expire on June 30, 1990, and 50% shall
expire on June 30, 1991. All persons serving as principal on
May 1, 1989, and all persons appointed as principal after May
1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner
other than as provided by Section 34-2.3, shall be deemed by
operation of law to be serving under a performance contract
which expires on June 30, 1990 or June 30, 1991; and unless
such performance contract of any such principal is renewed (or
such person is again appointed to serve as principal) in the

manner provided by Section 34-2.2 or 34-2.3, the employment of
such person as principal shall terminate on June 30, 1990 or
June 30, 1991.
Commencing on July 1, 1990, or on July 1, 1991, and
thereafter, the principal of each attendance center shall be
the person selected in the manner provided by Section 34-2.3 to
serve as principal of that attendance center under a 4 year
performance contract. All performance contracts of principals
expiring after July 1, 1990, or July 1, 1991, shall commence on
the date specified in the contract, and the renewal of their
performance contracts and the appointment of principals when
their performance contracts are not renewed shall be governed
by Sections 34-2.2 and 34-2.3. Whenever a vacancy in the office
of a principal occurs for any reason, the vacancy shall be
filled by the selection of a new principal to serve under a 4
year performance contract in the manner provided by Section
34-2.3.
The board of education shall develop and prepare, in
consultation with the organization representing principals, a
performance contract for use at all attendance centers, and
shall furnish the same to each local school council. The term
of the performance contract shall be 4 years, unless the
principal is retained by the decision of a hearing officer
pursuant to subdivision 1.5 of Section 34-2.3, in which case
the contract shall be extended for 2 years. The performance
contract of each principal shall consist of the uniform

performance contract, as developed or from time to time
modified by the board, and such additional criteria as are
established by a local school council pursuant to Section
34-2.3 for the performance contract of its principal.
During the term of his or her performance contract, a
principal may be removed only as provided for in the
performance contract except for cause. He or she shall also be
obliged to follow the rules of the board of education
concerning conduct and efficiency.
In the event the performance contract of a principal is not
renewed or a principal is not reappointed as principal under a
new performance contract, or in the event a principal is
appointed to any position of superintendent or higher position,
or voluntarily resigns his position of principal, his or her
employment as a principal shall terminate and such former
principal shall not be reinstated to the position from which he
or she was promoted to principal, except that he or she, if
otherwise qualified and certified in accordance with Article
21, shall be placed by the board on appropriate eligibility
lists which it prepares for use in the filling of vacant or
additional or newly created positions for teachers. The
principal's total years of service to the board as both a
teacher and a principal, or in other professional capacities,
shall be used in calculating years of experience for purposes
of being selected as a teacher into new, additional or vacant
positions.

In the event the performance contract of a principal is not
renewed or a principal is not reappointed as principal under a
new performance contract, such principal shall be eligible to
continue to receive his or her previously provided level of
health insurance benefits for a period of 90 days following the
non-renewal of the contract at no expense to the principal,
provided that such principal has not retired.
(Source: P.A. 95-331, eff. 8-21-07; 95-510, eff. 8-28-07;
revised 10-9-15.)
Section 255. The University of Illinois Act is amended by
changing Section 9 as follows:
(110 ILCS 305/9) (from Ch. 144, par. 30)
Sec. 9. Scholarships for children of veterans. For each of
the following periods of hostilities, each county shall be
entitled, annually, to one honorary scholarship in the
University, for the benefit of the children of persons who
served in the armed forces of the United States, except that
the total number of scholarships annually granted to recipients
from each county may not exceed 3: any time between September
16, 1940 and the termination of World War II, any time during
the national emergency between June 25, 1950 and January 31,
1955, any time during the Viet Nam conflict between January 1,
1961 and May 7, 1975, any time during the siege of Beirut and
the Grenada Conflict between June 14, 1982 and December 15,

1983, or any time on or after August 2, 1990 and until Congress
or the President orders that persons in service are no longer
eligible for the Southwest Asia Service Medal, Operation
Enduring Freedom, and Operation Iraqi Freedom. Preference for
scholarships shall be given to the children of persons who are
deceased or to the children of persons who have a disability.
Such scholarships shall be granted to such pupils as shall,
upon public examination, conducted as the board of trustees of
the University may determine, be decided to have attained the
greatest proficiency in the branches of learning usually taught
in the secondary schools, and who shall be of good moral
character, and not less than 15 years of age. Such pupils, so
selected, shall be entitled to receive, without charge for
tuition, instruction in any or all departments of the
University for a term of at least 4 consecutive years. Such
pupils shall conform, in all respects, to the rules and
regulations of the University, established for the government
of the pupils in attendance.
(Source: P.A. 99-143, eff. 7-27-15; 99-377, eff. 8-17-15;
revised 10-21-15.)
Section 260. The Illinois Credit Union Act is amended by
changing Section 46 as follows:
(205 ILCS 305/46) (from Ch. 17, par. 4447)
Sec. 46. Loans and interest rate.

(1) A credit union may make loans to its members for such
purpose and upon such security and terms, including rates of
interest, as the credit committee, credit manager, or loan
officer approves. Notwithstanding the provisions of any other
law in connection with extensions of credit, a credit union may
elect to contract for and receive interest and fees and other
charges for extensions of credit subject only to the provisions
of this Act and rules promulgated under this Act, except that
extensions of credit secured by residential real estate shall
be subject to the laws applicable thereto. The rates of
interest to be charged on loans to members shall be set by the
board of directors of each individual credit union in
accordance with Section 30 of this Act and such rates may be
less than, but may not exceed, the maximum rate set forth in
this Section. A borrower may repay his loan prior to maturity,
in whole or in part, without penalty. The credit contract may
provide for the payment by the member and receipt by the credit
union of all costs and disbursements, including reasonable
attorney's fees and collection agency charges, incurred by the
credit union to collect or enforce the debt in the event of a
delinquency by the member, or in the event of a breach of any
obligation of the member under the credit contract. A
contingency or hourly arrangement established under an
agreement entered into by a credit union with an attorney or
collection agency to collect a loan of a member in default
shall be presumed prima facie reasonable.

(2) Credit unions may make loans based upon the security of
any interest or equity in real estate, subject to rules and
regulations promulgated by the Secretary. In any contract or
loan which is secured by a mortgage, deed of trust, or
conveyance in the nature of a mortgage, on residential real
estate, the interest which is computed, calculated, charged, or
collected pursuant to such contract or loan, or pursuant to any
regulation or rule promulgated pursuant to this Act, may not be
computed, calculated, charged or collected for any period of
time occurring after the date on which the total indebtedness,
with the exception of late payment penalties, is paid in full.
For purposes of this subsection (2) of this Section 46, a
prepayment shall mean the payment of the total indebtedness,
with the exception of late payment penalties if incurred or
charged, on any date before the date specified in the contract
or loan agreement on which the total indebtedness shall be paid
in full, or before the date on which all payments, if timely
made, shall have been made. In the event of a prepayment of the
indebtedness which is made on a date after the date on which
interest on the indebtedness was last computed, calculated,
charged, or collected but before the next date on which
interest on the indebtedness was to be calculated, computed,
charged, or collected, the lender may calculate, charge and
collect interest on the indebtedness for the period which
elapsed between the date on which the prepayment is made and
the date on which interest on the indebtedness was last

computed, calculated, charged or collected at a rate equal to
1/360 of the annual rate for each day which so elapsed, which
rate shall be applied to the indebtedness outstanding as of the
date of prepayment. The lender shall refund to the borrower any
interest charged or collected which exceeds that which the
lender may charge or collect pursuant to the preceding
sentence. The provisions of Public Act 84-941 this amendatory
Act of 1985 shall apply only to contracts or loans entered into
on or after January 1, 1986 (the effective date of Public Act
84-941) this amendatory Act.
(3) (Blank).
(4) Notwithstanding any other provisions of this Act, a
credit union authorized under this Act to make loans secured by
an interest or equity in real property may engage in making
revolving credit loans secured by mortgages or deeds of trust
on such real property or by security assignments of beneficial
interests in land trusts.
For purposes of this Section, "revolving credit" has the
meaning defined in Section 4.1 of the Interest Act.
Any mortgage or deed of trust given to secure a revolving
credit loan may, and when so expressed therein shall, secure
not only the existing indebtedness but also such future
advances, whether such advances are obligatory or to be made at
the option of the lender, or otherwise, as are made within
twenty years from the date thereof, to the same extent as if
such future advances were made on the date of the execution of

such mortgage or deed of trust, although there may be no
advance made at the time of execution of such mortgage or other
instrument, and although there may be no indebtedness
outstanding at the time any advance is made. The lien of such
mortgage or deed of trust, as to third persons without actual
notice thereof, shall be valid as to all such indebtedness and
future advances form the time said mortgage or deed of trust is
filed for record in the office of the recorder of deeds or the
registrar of titles of the county where the real property
described therein is located. The total amount of indebtedness
that may be so secured may increase or decrease from time to
time, but the total unpaid balance so secured at any one time
shall not exceed a maximum principal amount which must be
specified in such mortgage or deed of trust, plus interest
thereon, and any disbursements made for the payment of taxes,
special assessments, or insurance on said real property, with
interest on such disbursements.
Any such mortgage or deed of trust shall be valid and have
priority over all subsequent liens and encumbrances, including
statutory liens, except taxes and assessments levied on said
real property.
(4-5) For purposes of this Section, "real estate" and "real
property" include a manufactured home as defined in subdivision
(53) of Section 9-102 of the Uniform Commercial Code which is
real property as defined in Section 5-35 of the Conveyance and
Encumbrance of Manufactured Homes as Real Property and

Severance Act.
(5) Compliance with federal or Illinois preemptive laws or
regulations governing loans made by a credit union chartered
under this Act shall constitute compliance with this Act.
(6) Credit unions may make residential real estate mortgage
loans on terms and conditions established by the United States
Department of Agriculture through its Rural Development
Housing and Community Facilities Program. The portion of any
loan in excess of the appraised value of the real estate shall
be allocable only to the guarantee fee required under the
program.
(7) For a renewal, refinancing, or restructuring of an
existing loan at the credit union that is secured by an
interest or equity in real estate, a new appraisal of the
collateral shall not be required when (i) no new moneys are
advanced other than funds necessary to cover reasonable closing
costs, or (ii) there has been no obvious or material change in
market conditions or physical aspects of the real estate that
threatens the adequacy of the credit union's real estate
collateral protection after the transaction, even with the
advancement of new moneys. The Department reserves the right to
require an appraisal under this subsection (7) whenever the
Department believes it is necessary to address safety and
soundness concerns.
(Source: P.A. 98-749, eff. 7-16-14; 98-784, eff. 7-24-14;
99-78, eff. 7-20-15; 99-149, eff. 1-1-16; 99-331, eff. 1-1-16;

revised 10-16-15.)
Section 265. The Corporate Fiduciary Act is amended by
changing Section 5-10.5 as follows:
(205 ILCS 620/5-10.5)
Sec. 5-10.5. Disclosure of records. A corporate fiduciary
may not disclose to any person, except to the customer or the
customer's duly authorized agent, any records pertaining to the
fiduciary relationship between the corporate fiduciary and the
customer unless:
(1) the instrument or court order establishing the
fiduciary relationship permits the record to be disclosed
under the circumstances;
(2) applicable law authorizes the disclosure;
(3) disclosure by the corporate fiduciary is necessary
to perform a transaction or act that is authorized by the
instrument or court order establishing the fiduciary
relationship relation ship; or
(4) Section 48.1 of the Illinois Banking Act would
permit a bank to disclose the record to the same extent
under the circumstances.
For purposes of this Section, "customer" means the person
or individual who contracted to establish the fiduciary
relationship or who executed any instrument or document from
which the fiduciary relationship was established, a person

authorized by the customer to provide such direction or, if the
instrument, law, or court order so permits, the beneficiaries
of the fiduciary relationship.
(Source: P.A. 89-364, eff. 8-18-95; revised 10-14-15.)
Section 270. The Ambulatory Surgical Treatment Center Act
is amended by changing Section 6.5 as follows:
(210 ILCS 5/6.5)
Sec. 6.5. Clinical privileges; advanced practice nurses.
All ambulatory surgical treatment centers (ASTC) licensed
under this Act shall comply with the following requirements:
(1) No ASTC policy, rule, regulation, or practice shall
be inconsistent with the provision of adequate
collaboration and consultation in accordance with Section
54.5 of the Medical Practice Act of 1987.
(2) Operative surgical procedures shall be performed
only by a physician licensed to practice medicine in all
its branches under the Medical Practice Act of 1987, a
dentist licensed under the Illinois Dental Practice Act, or
a podiatric physician licensed under the Podiatric Medical
Practice Act of 1987, with medical staff membership and
surgical clinical privileges granted by the consulting
committee of the ASTC. A licensed physician, dentist, or
podiatric physician may be assisted by a physician licensed
to practice medicine in all its branches, dentist, dental

assistant, podiatric physician, licensed advanced practice
nurse, licensed physician assistant, licensed registered
nurse, licensed practical nurse, surgical assistant,
surgical technician, or other individuals granted clinical
privileges to assist in surgery by the consulting committee
of the ASTC. Payment for services rendered by an assistant
in surgery who is not an ambulatory surgical treatment
center employee shall be paid at the appropriate
non-physician modifier rate if the payor would have made
payment had the same services been provided by a physician.
(2.5) A registered nurse licensed under the Nurse
Practice Act and qualified by training and experience in
operating room nursing shall be present in the operating
room and function as the circulating nurse during all
invasive or operative procedures. For purposes of this
paragraph (2.5), "circulating nurse" means a registered
nurse who is responsible for coordinating all nursing care,
patient safety needs, and the needs of the surgical team in
the operating room during an invasive or operative
procedure.
(3) An advanced practice nurse is not required to
possess prescriptive authority or a written collaborative
agreement meeting the requirements of the Nurse Practice
Act to provide advanced practice nursing services in an
ambulatory surgical treatment center. An advanced practice
nurse must possess clinical privileges granted by the

consulting medical staff committee and ambulatory surgical
treatment center in order to provide services. Individual
advanced practice nurses may also be granted clinical
privileges to order, select, and administer medications,
including controlled substances, to provide delineated
care. The attending physician must determine the advanced
advance practice nurse's role in providing care for his or
her patients, except as otherwise provided in the
consulting staff policies. The consulting medical staff
committee shall periodically review the services of
advanced practice nurses granted privileges.
(4) The anesthesia service shall be under the direction
of a physician licensed to practice medicine in all its
branches who has had specialized preparation or experience
in the area or who has completed a residency in
anesthesiology. An anesthesiologist, Board certified or
Board eligible, is recommended. Anesthesia services may
only be administered pursuant to the order of a physician
licensed to practice medicine in all its branches, licensed
dentist, or licensed podiatric physician.
(A) The individuals who, with clinical privileges
granted by the medical staff and ASTC, may administer
anesthesia services are limited to the following:
(i) an anesthesiologist; or
(ii) a physician licensed to practice medicine
in all its branches; or

(iii) a dentist with authority to administer
anesthesia under Section 8.1 of the Illinois
Dental Practice Act; or
(iv) a licensed certified registered nurse
anesthetist; or
(v) a podiatric physician licensed under the
Podiatric Medical Practice Act of 1987.
(B) For anesthesia services, an anesthesiologist
shall participate through discussion of and agreement
with the anesthesia plan and shall remain physically
present and be available on the premises during the
delivery of anesthesia services for diagnosis,
consultation, and treatment of emergency medical
conditions. In the absence of 24-hour availability of
anesthesiologists with clinical privileges, an
alternate policy (requiring participation, presence,
and availability of a physician licensed to practice
medicine in all its branches) shall be developed by the
medical staff consulting committee in consultation
with the anesthesia service and included in the medical
staff consulting committee policies.
(C) A certified registered nurse anesthetist is
not required to possess prescriptive authority or a
written collaborative agreement meeting the
requirements of Section 65-35 of the Nurse Practice Act
to provide anesthesia services ordered by a licensed

physician, dentist, or podiatric physician. Licensed
certified registered nurse anesthetists are authorized
to select, order, and administer drugs and apply the
appropriate medical devices in the provision of
anesthesia services under the anesthesia plan agreed
with by the anesthesiologist or, in the absence of an
available anesthesiologist with clinical privileges,
agreed with by the operating physician, operating
dentist, or operating podiatric physician in
accordance with the medical staff consulting committee
policies of a licensed ambulatory surgical treatment
center.
(Source: P.A. 98-214, eff. 8-9-13; revised 10-21-15.)
Section 275. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing Section
6 as follows:
(210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
Sec. 6. All reports of suspected abuse or neglect made
under this Act shall be made immediately by telephone to the
Department's central register established under Section 14 on
the single, State-wide, toll-free telephone number established
under Section 13, or in person or by telephone through the
nearest Department office. No long term care facility
administrator, agent or employee, or any other person, shall

screen reports or otherwise withhold any reports from the
Department, and no long term care facility, department of State
government, or other agency shall establish any rules,
criteria, standards or guidelines to the contrary. Every long
term care facility, department of State government and other
agency whose employees are required to make or cause to be made
reports under Section 4 shall notify its employees of the
provisions of that Section and of this Section, and provide to
the Department documentation that such notification has been
given. The Department of Human Services shall train all of its
mental health and developmental disabilities employees in the
detection and reporting of suspected abuse and neglect of
residents. Reports made to the central register through the
State-wide, toll-free telephone number shall be transmitted to
appropriate Department offices and municipal health
departments that have responsibility for licensing long term
care facilities under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, or the MC/DD Act. All reports received
through offices of the Department shall be forwarded to the
central register, in a manner and form described by the
Department. The Department shall be capable of receiving
reports of suspected abuse and neglect 24 hours a day, 7 days a
week. Reports shall also be made in writing deposited in the
U.S. mail, postage prepaid, within 24 hours after having
reasonable cause to believe that the condition of the resident

resulted from abuse or neglect. Such reports may in addition be
made to the local law enforcement agency in the same manner.
However, in the event a report is made to the local law
enforcement agency, the reporter also shall immediately so
inform the Department. The Department shall initiate an
investigation of each report of resident abuse and neglect
under this Act, whether oral or written, as provided for in
Section 3-702 of the Nursing Home Care Act, Section 2-208 of
the Specialized Mental Health Rehabilitation Act of 2013,
Section 3-702 of the ID/DD Community Care Act, or Section 3-702
of the MC/DD Act, except that reports of abuse which indicate
that a resident's life or safety is in imminent danger shall be
investigated within 24 hours of such report. The Department may
delegate to law enforcement officials or other public agencies
the duty to perform such investigation.
With respect to investigations of reports of suspected
abuse or neglect of residents of mental health and
developmental disabilities institutions under the jurisdiction
of the Department of Human Services, the Department shall
transmit copies of such reports to the Department of State
Police, the Department of Human Services, and the Inspector
General appointed under Section 1-17 of the Department of Human
Services Act. If the Department receives a report of suspected
abuse or neglect of a recipient of services as defined in
Section 1-123 of the Mental Health and Developmental
Disabilities Code, the Department shall transmit copies of such

report to the Inspector General and the Directors of the
Guardianship and Advocacy Commission and the agency designated
by the Governor pursuant to the Protection and Advocacy for
Persons with Developmental Disabilities Act. When requested by
the Director of the Guardianship and Advocacy Commission, the
agency designated by the Governor pursuant to the Protection
and Advocacy for Persons with Developmental Disabilities Act,
or the Department of Financial and Professional Regulation, the
Department, the Department of Human Services and the Department
of State Police shall make available a copy of the final
investigative report regarding investigations conducted by
their respective agencies on incidents of suspected abuse or
neglect of residents of mental health and developmental
disabilities institutions or individuals receiving services at
community agencies under the jurisdiction of the Department of
Human Services. Such final investigative report shall not
contain witness statements, investigation notes, draft
summaries, results of lie detector tests, investigative files
or other raw data which was used to compile the final
investigative report. Specifically, the final investigative
report of the Department of State Police shall mean the
Director's final transmittal letter. The Department of Human
Services shall also make available a copy of the results of
disciplinary proceedings of employees involved in incidents of
abuse or neglect to the Directors. All identifiable information
in reports provided shall not be further disclosed except as

provided by the Mental Health and Developmental Disabilities
Confidentiality Act. Nothing in this Section is intended to
limit or construe the power or authority granted to the agency
designated by the Governor pursuant to the Protection and
Advocacy for Persons with Developmental Disabilities Act,
pursuant to any other State or federal statute.
With respect to investigations of reported resident abuse
or neglect, the Department shall effect with appropriate law
enforcement agencies formal agreements concerning methods and
procedures for the conduct of investigations into the criminal
histories of any administrator, staff assistant or employee of
the nursing home or other person responsible for the residents
care, as well as for other residents in the nursing home who
may be in a position to abuse, neglect or exploit the patient.
Pursuant to the formal agreements entered into with appropriate
law enforcement agencies, the Department may request
information with respect to whether the person or persons set
forth in this paragraph have ever been charged with a crime and
if so, the disposition of those charges. Unless the criminal
histories of the subjects involved crimes of violence or
resident abuse or neglect, the Department shall be entitled
only to information limited in scope to charges and their
dispositions. In cases where prior crimes of violence or
resident abuse or neglect are involved, a more detailed report
can be made available to authorized representatives of the
Department, pursuant to the agreements entered into with

appropriate law enforcement agencies. Any criminal charges and
their disposition information obtained by the Department shall
be confidential and may not be transmitted outside the
Department, except as required herein, to authorized
representatives or delegates of the Department, and may not be
transmitted to anyone within the Department who is not duly
authorized to handle resident abuse or neglect investigations.
The Department shall effect formal agreements with
appropriate law enforcement agencies in the various counties
and communities to encourage cooperation and coordination in
the handling of resident abuse or neglect cases pursuant to
this Act. The Department shall adopt and implement methods and
procedures to promote statewide uniformity in the handling of
reports of abuse and neglect under this Act, and those methods
and procedures shall be adhered to by personnel of the
Department involved in such investigations and reporting. The
Department shall also make information required by this Act
available to authorized personnel within the Department, as
well as its authorized representatives.
The Department shall keep a continuing record of all
reports made pursuant to this Act, including indications of the
final determination of any investigation and the final
disposition of all reports.
The Department shall report annually to the General
Assembly on the incidence of abuse and neglect of long term
care facility residents, with special attention to residents

who are persons with mental disabilities. The report shall
include but not be limited to data on the number and source of
reports of suspected abuse or neglect filed under this Act, the
nature of any injuries to residents, the final determination of
investigations, the type and number of cases where abuse or
neglect is determined to exist, and the final disposition of
cases.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
99-180, eff. 7-29-15; revised 10-9-15.)
Section 280. The Nursing Home Care Act is amended by
changing Sections 1-113, 2-201.5, and 3-702 as follows:
(210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
Sec. 1-113. "Facility" or "long-term care facility" means a
private home, institution, building, residence, or any other
place, whether operated for profit or not, or a county home for
the infirm and chronically ill operated pursuant to Division
5-21 or 5-22 of the Counties Code, or any similar institution
operated by a political subdivision of the State of Illinois,
which provides, through its ownership or management, personal
care, sheltered care or nursing for 3 or more persons, not
related to the applicant or owner by blood or marriage. It
includes skilled nursing facilities and intermediate care
facilities as those terms are defined in Title XVIII and Title
XIX of the federal Federal Social Security Act. It also

includes homes, institutions, or other places operated by or
under the authority of the Illinois Department of Veterans'
Affairs.
"Facility" does not include the following:
(1) A home, institution, or other place operated by the
federal government or agency thereof, or by the State of
Illinois, other than homes, institutions, or other places
operated by or under the authority of the Illinois
Department of Veterans' Affairs;
(2) A hospital, sanitarium, or other institution whose
principal activity or business is the diagnosis, care, and
treatment of human illness through the maintenance and
operation as organized facilities therefor, which is
required to be licensed under the Hospital Licensing Act;
(3) Any "facility for child care" as defined in the
Child Care Act of 1969;
(4) Any "Community Living Facility" as defined in the
Community Living Facilities Licensing Act;
(5) Any "community residential alternative" as defined
in the Community Residential Alternatives Licensing Act;
(6) Any nursing home or sanatorium operated solely by
and for persons who rely exclusively upon treatment by
spiritual means through prayer, in accordance with the
creed or tenets of any well-recognized church or religious
denomination. However, such nursing home or sanatorium
shall comply with all local laws and rules relating to

sanitation and safety;
(7) Any facility licensed by the Department of Human
Services as a community-integrated living arrangement as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act;
(8) Any "Supportive Residence" licensed under the
Supportive Residences Licensing Act;
(9) Any "supportive living facility" in good standing
with the program established under Section 5-5.01a of the
Illinois Public Aid Code, except only for purposes of the
employment of persons in accordance with Section 3-206.01;
(10) Any assisted living or shared housing
establishment licensed under the Assisted Living and
Shared Housing Act, except only for purposes of the
employment of persons in accordance with Section 3-206.01;
(11) An Alzheimer's disease management center
alternative health care model licensed under the
Alternative Health Care Delivery Act;
(12) A facility licensed under the ID/DD Community Care
Act;
(13) A facility licensed under the Specialized Mental
Health Rehabilitation Act of 2013; or
(14) A facility licensed under the MC/DD Act; or .
(15) (14) A medical foster home, as defined in 38 CFR
17.73, that is under the oversight of the United States
Department of Veterans Affairs.

(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;
99-376, eff. 1-1-16; revised 10-16-15.)
(210 ILCS 45/2-201.5)
Sec. 2-201.5. Screening prior to admission.
(a) All persons age 18 or older seeking admission to a
nursing facility must be screened to determine the need for
nursing facility services prior to being admitted, regardless
of income, assets, or funding source. Screening for nursing
facility services shall be administered through procedures
established by administrative rule. Screening may be done by
agencies other than the Department as established by
administrative rule. This Section applies on and after July 1,
1996. No later than October 1, 2010, the Department of
Healthcare and Family Services, in collaboration with the
Department on Aging, the Department of Human Services, and the
Department of Public Health, shall file administrative rules
providing for the gathering, during the screening process, of
information relevant to determining each person's potential
for placing other residents, employees, and visitors at risk of
harm.
(a-1) Any screening performed pursuant to subsection (a) of
this Section shall include a determination of whether any
person is being considered for admission to a nursing facility
due to a need for mental health services. For a person who
needs mental health services, the screening shall also include

an evaluation of whether there is permanent supportive housing,
or an array of community mental health services, including but
not limited to supported housing, assertive community
treatment, and peer support services, that would enable the
person to live in the community. The person shall be told about
the existence of any such services that would enable the person
to live safely and humanely and about available appropriate
nursing home services that would enable the person to live
safely and humanely, and the person shall be given the
assistance necessary to avail himself or herself of any
available services.
(a-2) Pre-screening for persons with a serious mental
illness shall be performed by a psychiatrist, a psychologist, a
registered nurse certified in psychiatric nursing, a licensed
clinical professional counselor, or a licensed clinical social
worker, who is competent to (i) perform a clinical assessment
of the individual, (ii) certify a diagnosis, (iii) make a
determination about the individual's current need for
treatment, including substance abuse treatment, and recommend
specific treatment, and (iv) determine whether a facility or a
community-based program is able to meet the needs of the
individual.
For any person entering a nursing facility, the
pre-screening agent shall make specific recommendations about
what care and services the individual needs to receive,
beginning at admission, to attain or maintain the individual's

highest level of independent functioning and to live in the
most integrated setting appropriate for his or her physical and
personal care and developmental and mental health needs. These
recommendations shall be revised as appropriate by the
pre-screening or re-screening agent based on the results of
resident review and in response to changes in the resident's
wishes, needs, and interest in transition.
Upon the person entering the nursing facility, the
Department of Human Services or its designee shall assist the
person in establishing a relationship with a community mental
health agency or other appropriate agencies in order to (i)
promote the person's transition to independent living and (ii)
support the person's progress in meeting individual goals.
(a-3) The Department of Human Services, by rule, shall
provide for a prohibition on conflicts of interest for
pre-admission screeners. The rule shall provide for waiver of
those conflicts by the Department of Human Services if the
Department of Human Services determines that a scarcity of
qualified pre-admission screeners exists in a given community
and that, absent a waiver of conflicts, an insufficient number
of pre-admission screeners would be available. If a conflict is
waived, the pre-admission screener shall disclose the conflict
of interest to the screened individual in the manner provided
for by rule of the Department of Human Services. For the
purposes of this subsection, a "conflict of interest" includes,
but is not limited to, the existence of a professional or

financial relationship between (i) a PAS-MH corporate or a
PAS-MH agent and (ii) a community provider or long-term care
facility.
(b) In addition to the screening required by subsection
(a), a facility, except for those licensed under the MC/DD Act,
shall, within 24 hours after admission, request a criminal
history background check pursuant to the Illinois Uniform
Conviction Information Act for all persons age 18 or older
seeking admission to the facility, unless (i) a background
check was initiated by a hospital pursuant to subsection (d) of
Section 6.09 of the Hospital Licensing Act or a pre-admission
background check was conducted by the Department of Veterans'
Affairs 30 days prior to admittance into an Illinois Veterans
Home; (ii) the transferring resident is immobile; or (iii) the
transferring resident is moving into hospice. The exemption
provided in item (ii) or (iii) of this subsection (b) shall
apply only if a background check was completed by the facility
the resident resided at prior to seeking admission to the
facility and the resident was transferred to the facility with
no time passing during which the resident was not
institutionalized. If item (ii) or (iii) of this subsection (b)
applies, the prior facility shall provide a copy of its
background check of the resident and all supporting
documentation, including, when applicable, the criminal
history report and the security assessment, to the facility to
which the resident is being transferred. Background checks

conducted pursuant to this Section shall be based on the
resident's name, date of birth, and other identifiers as
required by the Department of State Police. If the results of
the background check are inconclusive, the facility shall
initiate a fingerprint-based check, unless the fingerprint
check is waived by the Director of Public Health based on
verification by the facility that the resident is completely
immobile or that the resident meets other criteria related to
the resident's health or lack of potential risk which may be
established by Departmental rule. A waiver issued pursuant to
this Section shall be valid only while the resident is immobile
or while the criteria supporting the waiver exist. The facility
shall provide for or arrange for any required fingerprint-based
checks to be taken on the premises of the facility. If a
fingerprint-based check is required, the facility shall
arrange for it to be conducted in a manner that is respectful
of the resident's dignity and that minimizes any emotional or
physical hardship to the resident.
(c) If the results of a resident's criminal history
background check reveal that the resident is an identified
offender as defined in Section 1-114.01, the facility shall do
the following:
(1) Immediately notify the Department of State Police,
in the form and manner required by the Department of State
Police, in collaboration with the Department of Public
Health, that the resident is an identified offender.

(2) Within 72 hours, arrange for a fingerprint-based
criminal history record inquiry to be requested on the
identified offender resident. The inquiry shall be based on
the subject's name, sex, race, date of birth, fingerprint
images, and other identifiers required by the Department of
State Police. The inquiry shall be processed through the
files of the Department of State Police and the Federal
Bureau of Investigation to locate any criminal history
record information that may exist regarding the subject.
The Federal Bureau of Investigation shall furnish to the
Department of State Police, pursuant to an inquiry under
this paragraph (2), any criminal history record
information contained in its files.
The facility shall comply with all applicable provisions
contained in the Illinois Uniform Conviction Information Act.
All name-based and fingerprint-based criminal history
record inquiries shall be submitted to the Department of State
Police electronically in the form and manner prescribed by the
Department of State Police. The Department of State Police may
charge the facility a fee for processing name-based and
fingerprint-based criminal history record inquiries. The fee
shall be deposited into the State Police Services Fund. The fee
shall not exceed the actual cost of processing the inquiry.
(d) (Blank).
(e) The Department shall develop and maintain a
de-identified database of residents who have injured facility

staff, facility visitors, or other residents, and the attendant
circumstances, solely for the purposes of evaluating and
improving resident pre-screening and assessment procedures
(including the Criminal History Report prepared under Section
2-201.6) and the adequacy of Department requirements
concerning the provision of care and services to residents. A
resident shall not be listed in the database until a Department
survey confirms the accuracy of the listing. The names of
persons listed in the database and information that would allow
them to be individually identified shall not be made public.
Neither the Department nor any other agency of State government
may use information in the database to take any action against
any individual, licensee, or other entity, unless the
Department or agency receives the information independent of
this subsection (e). All information collected, maintained, or
developed under the authority of this subsection (e) for the
purposes of the database maintained under this subsection (e)
shall be treated in the same manner as information that is
subject to Part 21 of Article VIII of the Code of Civil
Procedure.
(Source: P.A. 99-180, eff. 7-29-15; 99-314, eff. 8-7-15;
99-453, eff. 8-24-15; revised 10-20-15.)
(210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
Sec. 3-702. (a) A person who believes that this Act or a
rule promulgated under this Act may have been violated may

request an investigation. The request may be submitted to the
Department in writing, by telephone, by electronic means, or by
personal visit. An oral complaint shall be reduced to writing
by the Department. The Department shall make available, through
its website and upon request, information regarding the oral
and phone intake processes and the list of questions that will
be asked of the complainant. The Department shall request
information identifying the complainant, including the name,
address and telephone number, to help enable appropriate
follow-up. The Department shall act on such complaints via
on-site visits or other methods deemed appropriate to handle
the complaints with or without such identifying information, as
otherwise provided under this Section. The complainant shall be
informed that compliance with such request is not required to
satisfy the procedures for filing a complaint under this Act.
The Department must notify complainants that complaints with
less information provided are far more difficult to respond to
and investigate.
(b) The substance of the complaint shall be provided in
writing to the licensee, owner, or administrator no earlier
than at the commencement of an on-site inspection of the
facility which takes place pursuant to the complaint.
(c) The Department shall not disclose the name of the
complainant unless the complainant consents in writing to the
disclosure or the investigation results in a judicial
proceeding, or unless disclosure is essential to the

investigation. The complainant shall be given the opportunity
to withdraw the complaint before disclosure. Upon the request
of the complainant, the Department may permit the complainant
or a representative of the complainant to accompany the person
making the on-site inspection of the facility.
(d) Upon receipt of a complaint, the Department shall
determine whether this Act or a rule promulgated under this Act
has been or is being violated. The Department shall investigate
all complaints alleging abuse or neglect within 7 days after
the receipt of the complaint except that complaints of abuse or
neglect which indicate that a resident's life or safety is in
imminent danger shall be investigated within 24 hours after
receipt of the complaint. All other complaints shall be
investigated within 30 days after the receipt of the complaint.
The Department employees investigating a complaint shall
conduct a brief, informal exit conference with the facility to
alert its administration of any suspected serious deficiency
that poses a direct threat to the health, safety or welfare of
a resident to enable an immediate correction for the
alleviation or elimination of such threat. Such information and
findings discussed in the brief exit conference shall become a
part of the investigating record but shall not in any way
constitute an official or final notice of violation as provided
under Section 3-301. All complaints shall be classified as "an
invalid report", "a valid report", or "an undetermined report".
For any complaint classified as "a valid report", the

Department must determine within 30 working days if any rule or
provision of this Act has been or is being violated.
(d-1) The Department shall, whenever possible, combine an
on-site investigation of a complaint in a facility with other
inspections in order to avoid duplication of inspections.
(e) In all cases, the Department shall inform the
complainant of its findings within 10 days of its determination
unless otherwise indicated by the complainant, and the
complainant may direct the Department to send a copy of such
findings to another person. The Department's findings may
include comments or documentation provided by either the
complainant or the licensee pertaining to the complaint. The
Department shall also notify the facility of such findings
within 10 days of the determination, but the name of the
complainant or residents shall not be disclosed in this notice
to the facility. The notice of such findings shall include a
copy of the written determination; the correction order, if
any; the warning notice, if any; the inspection report; or the
State licensure form on which the violation is listed.
(f) A written determination, correction order, or warning
notice concerning a complaint, together with the facility's
response, shall be available for public inspection, but the
name of the complainant or resident shall not be disclosed
without his consent.
(g) A complainant who is dissatisfied with the
determination or investigation by the Department may request a

hearing under Section 3-703. The facility shall be given notice
of any such hearing and may participate in the hearing as a
party. If a facility requests a hearing under Section 3-703
which concerns a matter covered by a complaint, the complainant
shall be given notice and may participate in the hearing as a
party. A request for a hearing by either a complainant or a
facility shall be submitted in writing to the Department within
30 days after the mailing of the Department's findings as
described in subsection (e) of this Section. Upon receipt of
the request the Department shall conduct a hearing as provided
under Section 3-703.
(g-5) The Department shall conduct an annual review and
make a report concerning the complaint process that includes
the number of complaints received, the breakdown of anonymous
and non-anonymous complaints and whether the complaints were
substantiated or not, the total number of substantiated
complaints, and any other complaint information requested by
the Long-Term Care Facility Advisory Board created under
Section 2-204 of this Act or the Illinois Long-Term Care
Council created under Section 4.04a of the Illinois Act on the
Aging. This report shall be provided to the Long-Term Care
Facility Advisory Board and the Illinois Long-Term Care
Council. The Long-Term Care Facility Advisory Board and the
Illinois Long-Term Care Council shall review the report and
suggest any changes deemed necessary to the Department for
review and action, including how to investigate and

substantiate anonymous complaints.
(h) Any person who knowingly transmits a false report to
the Department commits the offense of disorderly conduct under
subsection (a)(8) of Section 26-1 of the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14;
revised 10-9-15.)
Section 285. The MC/DD Act is amended by changing Section
2-104.2 as follows:
(210 ILCS 46/2-104.2)
Sec. 2-104.2. Do Not Resuscitate Orders. Every facility
licensed under this Act shall establish a policy for the
implementation of physician orders limiting resuscitation such
as those commonly referred to as "Do Not Resuscitate" orders.
This policy may only prescribe the format, method of
documentation and duration of any physician orders limiting
resuscitation. Any orders under this policy shall be honored by
the facility. The Department of Public Health Uniform POLST
DNR/POLST form or a copy of that form or a previous version of
the uniform form shall be honored by the facility.
(Source: P.A. 99-180, eff. 7-29-15; revised 10-13-15.)
Section 290. The ID/DD Community Care Act is amended by
changing Sections 1-101.05 and 1-113 as follows:

(210 ILCS 47/1-101.05)
Sec. 1-101.05. Prior law.
(a) This Act provides for licensure of intermediate care
facilities for persons with developmental disabilities under
this Act instead of under the Nursing Home Care Act. On and
after July 1, 2010 (the effective date of this Act), those
facilities shall be governed by this Act instead of the Nursing
Home Care Act.
On and after July 29, 2015 (the effective date of Public
Act 99-180) this amendatory Act of the 99th General Assembly,
long-term care for under age 22 facilities shall be known as
medically complex for the developmentally disabled facilities
and governed by the MC/DD Act instead of this Act.
(b) If any other Act of the General Assembly changes, adds,
or repeals a provision of the Nursing Home Care Act that is the
same as or substantially similar to a provision of this Act,
then that change, addition, or repeal in the Nursing Home Care
Act shall be construed together with this Act until July 1,
2010 and not thereafter.
(c) Nothing in this Act affects the validity or effect of
any finding, decision, or action made or taken by the
Department or the Director under the Nursing Home Care Act
before July 1, 2010 (the effective date of this Act) with
respect to a facility subject to licensure under this Act. That
finding, decision, or action shall continue to apply to the
facility on and after July 1, 2010 (the effective date of this

Act). Any finding, decision, or action with respect to the
facility made or taken on or after July 1, 2010 (the effective
date of this Act) shall be made or taken as provided in this
Act.
(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
revised 10-14-15.)
(210 ILCS 47/1-113)
Sec. 1-113. Facility. "ID/DD facility" or "facility" means
an intermediate care facility for persons with developmental
disabilities, whether operated for profit or not, which
provides, through its ownership or management, personal care or
nursing for 3 or more persons not related to the applicant or
owner by blood or marriage. It includes intermediate care
facilities for the intellectually disabled as the term is
defined in Title XVIII and Title XIX of the federal Social
Security Act.
"Facility" does not include the following:
(1) A home, institution, or other place operated by the
federal government or agency thereof, or by the State of
Illinois, other than homes, institutions, or other places
operated by or under the authority of the Illinois
Department of Veterans' Affairs;
(2) A hospital, sanitarium, or other institution whose
principal activity or business is the diagnosis, care, and
treatment of human illness through the maintenance and

operation as organized facilities therefore, which is
required to be licensed under the Hospital Licensing Act;
(3) Any "facility for child care" as defined in the
Child Care Act of 1969;
(4) Any "community living facility" as defined in the
Community Living Facilities Licensing Act;
(5) Any "community residential alternative" as defined
in the Community Residential Alternatives Licensing Act;
(6) Any nursing home or sanatorium operated solely by
and for persons who rely exclusively upon treatment by
spiritual means through prayer, in accordance with the
creed or tenets of any well recognized church or religious
denomination. However, such nursing home or sanatorium
shall comply with all local laws and rules relating to
sanitation and safety;
(7) Any facility licensed by the Department of Human
Services as a community-integrated living arrangement as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act;
(8) Any "supportive residence" licensed under the
Supportive Residences Licensing Act;
(9) Any "supportive living facility" in good standing
with the program established under Section 5-5.01a of the
Illinois Public Aid Code, except only for purposes of the
employment of persons in accordance with Section 3-206.01;
(10) Any assisted living or shared housing

establishment licensed under the Assisted Living and
Shared Housing Act, except only for purposes of the
employment of persons in accordance with Section 3-206.01;
(11) An Alzheimer's disease management center
alternative health care model licensed under the
Alternative Health Care Delivery Act;
(12) A home, institution, or other place operated by or
under the authority of the Illinois Department of Veterans'
Affairs; or
(13) Any MC/DD facility licensed under the MC/DD Act.
(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
revised 10-14-15.)
Section 295. The Hospital Licensing Act is amended by
changing Sections 6.09, 10.2, and 10.7 as follows:
(210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)
Sec. 6.09. (a) In order to facilitate the orderly
transition of aged patients and patients with disabilities from
hospitals to post-hospital care, whenever a patient who
qualifies for the federal Medicare program is hospitalized, the
patient shall be notified of discharge at least 24 hours prior
to discharge from the hospital. With regard to pending
discharges to a skilled nursing facility, the hospital must
notify the case coordination unit, as defined in 89 Ill. Adm.
Code 240.260, at least 24 hours prior to discharge. When the

assessment is completed in the hospital, the case coordination
unit shall provide the discharge planner with a copy of the
prescreening information and accompanying materials, which the
discharge planner shall transmit when the patient is discharged
to a skilled nursing facility. If home health services are
ordered, the hospital must inform its designated case
coordination unit, as defined in 89 Ill. Adm. Code 240.260, of
the pending discharge and must provide the patient with the
case coordination unit's telephone number and other contact
information.
(b) Every hospital shall develop procedures for a physician
with medical staff privileges at the hospital or any
appropriate medical staff member to provide the discharge
notice prescribed in subsection (a) of this Section. The
procedures must include prohibitions against discharging or
referring a patient to any of the following if unlicensed,
uncertified, or unregistered: (i) a board and care facility, as
defined in the Board and Care Home Act; (ii) an assisted living
and shared housing establishment, as defined in the Assisted
Living and Shared Housing Act; (iii) a facility licensed under
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, or
the MC/DD Act; (iv) a supportive living facility, as defined in
Section 5-5.01a of the Illinois Public Aid Code; or (v) a
free-standing hospice facility licensed under the Hospice
Program Licensing Act if licensure, certification, or

registration is required. The Department of Public Health shall
annually provide hospitals with a list of licensed, certified,
or registered board and care facilities, assisted living and
shared housing establishments, nursing homes, supportive
living facilities, facilities licensed under the ID/DD
Community Care Act, the MC/DD Act, or the Specialized Mental
Health Rehabilitation Act of 2013, and hospice facilities.
Reliance upon this list by a hospital shall satisfy compliance
with this requirement. The procedure may also include a waiver
for any case in which a discharge notice is not feasible due to
a short length of stay in the hospital by the patient, or for
any case in which the patient voluntarily desires to leave the
hospital before the expiration of the 24 hour period.
(c) At least 24 hours prior to discharge from the hospital,
the patient shall receive written information on the patient's
right to appeal the discharge pursuant to the federal Medicare
program, including the steps to follow to appeal the discharge
and the appropriate telephone number to call in case the
patient intends to appeal the discharge.
(d) Before transfer of a patient to a long term care
facility licensed under the Nursing Home Care Act where elderly
persons reside, a hospital shall as soon as practicable
initiate a name-based criminal history background check by
electronic submission to the Department of State Police for all
persons between the ages of 18 and 70 years; provided, however,
that a hospital shall be required to initiate such a background

check only with respect to patients who:
(1) are transferring to a long term care facility for
the first time;
(2) have been in the hospital more than 5 days;
(3) are reasonably expected to remain at the long term
care facility for more than 30 days;
(4) have a known history of serious mental illness or
substance abuse; and
(5) are independently ambulatory or mobile for more
than a temporary period of time.
A hospital may also request a criminal history background
check for a patient who does not meet any of the criteria set
forth in items (1) through (5).
A hospital shall notify a long term care facility if the
hospital has initiated a criminal history background check on a
patient being discharged to that facility. In all circumstances
in which the hospital is required by this subsection to
initiate the criminal history background check, the transfer to
the long term care facility may proceed regardless of the
availability of criminal history results. Upon receipt of the
results, the hospital shall promptly forward the results to the
appropriate long term care facility. If the results of the
background check are inconclusive, the hospital shall have no
additional duty or obligation to seek additional information
from, or about, the patient.
(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;

99-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)
(210 ILCS 85/10.2) (from Ch. 111 1/2, par. 151.2)
Sec. 10.2. Because the candid and conscientious evaluation
of clinical practices is essential to the provision of adequate
hospital care, it is the policy of this State to encourage peer
review by health care providers. Therefore, no hospital and no
individual who is a member, agent, or employee of a hospital,
hospital medical staff, hospital administrative staff, or
hospital governing board shall be liable for civil damages as a
result of the acts, omissions, decisions, or any other conduct,
except those involving wilful or wanton misconduct, of a
medical utilization committee, medical review committee,
patient care audit committee, medical care evaluation
committee, quality review committee, credential committee,
peer review committee, or any other committee or individual
whose purpose, directly or indirectly, is internal quality
control or medical study to reduce morbidity or mortality, or
for improving patient care within a hospital, or the improving
or benefiting of patient care and treatment, whether within a
hospital or not, or for the purpose of professional discipline
including institution of a summary suspension in accordance
with Section 10.4 of this Act and the medical staff bylaws.
Nothing in this Section shall relieve any individual or
hospital from liability arising from treatment of a patient.
Any individual or hospital from liability arising from

treatment of a patient. For the purposes of this Section,
"wilful and wanton misconduct" means a course of action that
shows actual or deliberate intention to harm or that, if not
intentional, shows an utter indifference to or conscious
disregard for a person's own safety and the safety of others.
(Source: P.A. 91-448, eff. 8-6-99; revised 10-9-15.)
(210 ILCS 85/10.7)
Sec. 10.7. Clinical privileges; advanced practice nurses.
All hospitals licensed under this Act shall comply with the
following requirements:
(1) No hospital policy, rule, regulation, or practice
shall be inconsistent with the provision of adequate
collaboration and consultation in accordance with Section
54.5 of the Medical Practice Act of 1987.
(2) Operative surgical procedures shall be performed
only by a physician licensed to practice medicine in all
its branches under the Medical Practice Act of 1987, a
dentist licensed under the Illinois Dental Practice Act, or
a podiatric physician licensed under the Podiatric Medical
Practice Act of 1987, with medical staff membership and
surgical clinical privileges granted at the hospital. A
licensed physician, dentist, or podiatric physician may be
assisted by a physician licensed to practice medicine in
all its branches, dentist, dental assistant, podiatric
physician, licensed advanced practice nurse, licensed

physician assistant, licensed registered nurse, licensed
practical nurse, surgical assistant, surgical technician,
or other individuals granted clinical privileges to assist
in surgery at the hospital. Payment for services rendered
by an assistant in surgery who is not a hospital employee
shall be paid at the appropriate non-physician modifier
rate if the payor would have made payment had the same
services been provided by a physician.
(2.5) A registered nurse licensed under the Nurse
Practice Act and qualified by training and experience in
operating room nursing shall be present in the operating
room and function as the circulating nurse during all
invasive or operative procedures. For purposes of this
paragraph (2.5), "circulating nurse" means a registered
nurse who is responsible for coordinating all nursing care,
patient safety needs, and the needs of the surgical team in
the operating room during an invasive or operative
procedure.
(3) An advanced practice nurse is not required to
possess prescriptive authority or a written collaborative
agreement meeting the requirements of the Nurse Practice
Act to provide advanced practice nursing services in a
hospital. An advanced practice nurse must possess clinical
privileges recommended by the medical staff and granted by
the hospital in order to provide services. Individual
advanced practice nurses may also be granted clinical

privileges to order, select, and administer medications,
including controlled substances, to provide delineated
care. The attending physician must determine the advanced
advance practice nurse's role in providing care for his or
her patients, except as otherwise provided in medical staff
bylaws. The medical staff shall periodically review the
services of advanced practice nurses granted privileges.
This review shall be conducted in accordance with item (2)
of subsection (a) of Section 10.8 of this Act for advanced
practice nurses employed by the hospital.
(4) The anesthesia service shall be under the direction
of a physician licensed to practice medicine in all its
branches who has had specialized preparation or experience
in the area or who has completed a residency in
anesthesiology. An anesthesiologist, Board certified or
Board eligible, is recommended. Anesthesia services may
only be administered pursuant to the order of a physician
licensed to practice medicine in all its branches, licensed
dentist, or licensed podiatric physician.
(A) The individuals who, with clinical privileges
granted at the hospital, may administer anesthesia
services are limited to the following:
(i) an anesthesiologist; or
(ii) a physician licensed to practice medicine
in all its branches; or
(iii) a dentist with authority to administer

anesthesia under Section 8.1 of the Illinois
Dental Practice Act; or
(iv) a licensed certified registered nurse
anesthetist; or
(v) a podiatric physician licensed under the
Podiatric Medical Practice Act of 1987.
(B) For anesthesia services, an anesthesiologist
shall participate through discussion of and agreement
with the anesthesia plan and shall remain physically
present and be available on the premises during the
delivery of anesthesia services for diagnosis,
consultation, and treatment of emergency medical
conditions. In the absence of 24-hour availability of
anesthesiologists with medical staff privileges, an
alternate policy (requiring participation, presence,
and availability of a physician licensed to practice
medicine in all its branches) shall be developed by the
medical staff and licensed hospital in consultation
with the anesthesia service.
(C) A certified registered nurse anesthetist is
not required to possess prescriptive authority or a
written collaborative agreement meeting the
requirements of Section 65-35 of the Nurse Practice Act
to provide anesthesia services ordered by a licensed
physician, dentist, or podiatric physician. Licensed
certified registered nurse anesthetists are authorized

to select, order, and administer drugs and apply the
appropriate medical devices in the provision of
anesthesia services under the anesthesia plan agreed
with by the anesthesiologist or, in the absence of an
available anesthesiologist with clinical privileges,
agreed with by the operating physician, operating
dentist, or operating podiatric physician in
accordance with the hospital's alternative policy.
(Source: P.A. 98-214, eff. 8-9-13; revised 10-21-15.)
Section 300. The Illinois Migrant Labor Camp Law is amended
by changing Sections 4 and 6 as follows:
(210 ILCS 110/4) (from Ch. 111 1/2, par. 185.4)
Sec. 4. Applications for a license to operate or maintain a
Migrant Labor Camp or for a renewal thereof shall be made upon
paper or electronic forms to be furnished by the Department.
Such application shall include:
(a) The name and address of the applicant or
applicants. If the applicant is a partnership, the names
and addresses of all the partners shall also be given. If
the applicant is a corporation, the names and addresses of
the principal officers of the corporation shall be given.
(b) The approximate legal description and the address
of the tract of land upon which the applicant proposes to
operate and maintain such Migrant Labor Camp.

(c) A general plan or sketch of the campsite camp site
showing the location of the buildings or facilities
together with a description of the buildings, of the water
supply, of the toilet, bathing, and laundry facilities, and
of the fire protection equipment.
(d) The date upon which the occupancy and use of the
Migrant Labor Camp will commence.
The application for the original license or for any renewal
thereof shall be accompanied by a fee of $100.
Application for the original license or for a renewal of
the license shall be filed with the Department at least 10
business days prior to the date on which the occupancy and use
of such camp is to commence. The camp shall be ready for
inspection at least 5 business days prior to the date upon
which the occupancy and use of such camp is to commence.
(Source: P.A. 97-135, eff. 7-14-11; 98-1034, eff. 8-25-14;
revised 10-14-15.)
(210 ILCS 110/6) (from Ch. 111 1/2, par. 185.6)
Sec. 6. Upon receipt of an application for a license, the
Department shall inspect, at its earliest opportunity, the
campsite camp site and the facilities described in the
application. If the Department finds that the Migrant Labor
Camp described in the application meets and complies with the
provisions of this Act and the rules of the Department in
relation thereto, the Director shall issue a license to the

applicant for the operation of the camp.
If the application is denied, the Department shall notify
the applicant in writing of such denial setting forth the
reasons therefor. If the conditions constituting the basis for
such denial are remediable, the applicant may correct such
conditions and notify the Department in writing indicating
therein the manner in which such conditions have been remedied.
Notifications of corrections shall be processed in the same
manner as the original application.
(Source: P.A. 97-135, eff. 7-14-11; 98-1034, eff. 8-25-14;
revised 10-14-15.)
Section 305. The Tanning Facility Permit Act is amended by
changing Section 80 as follows:
(210 ILCS 145/80) (from Ch. 111 1/2, par. 8351-80)
Sec. 80. Public nuisance.
(a) Any tanning facility operating without a valid permit
or operating on a revoked permit shall be guilty of committing
a public nuisance.
(b) A person convicted of knowingly maintaining a public
nuisance commits a Class A misdemeanor. Each subsequent offense
under this Section is a Class 4 felony.
(c) The Attorney General of this State or the State's
States Attorney of the county wherein the nuisance exists may
commence an action to abate the nuisance. The court may without

notice or bond enter a temporary restraining order or a
preliminary injunction to enjoin the defendant from operating
in violation of this Act.
(Source: P.A. 87-636; revised 10-9-15.)
Section 310. The Illinois Insurance Code is amended by
changing Sections 131.4, 143a, 147.1, 356g, 356z.2, 460,
512.59, 902, and 1202 as follows:
(215 ILCS 5/131.4) (from Ch. 73, par. 743.4)
Sec. 131.4. Acquisition of control of or merger with
domestic company.
(a) No person other than the issuer may make a tender for
or a request or invitation for tenders of, or enter into an
agreement to exchange securities for, or seek to acquire or
acquire shareholders' proxies to vote or seek to acquire or
acquire in the open market, or otherwise, any voting security
of a domestic company or acquire policyholders' proxies of a
domestic company or any entity that controls a domestic
company, for consideration if, after the consummation thereof,
that person would, directly or indirectly, (or by conversion or
by exercise of any right to acquire) be in control of the
company, and no person may enter into an agreement to merge or
consolidate with or otherwise to acquire control of a domestic
company, unless the offer, request, invitation, or agreement is
conditioned on receiving the approval of the Director based on

Section 131.8 of this Article and no such acquisition of
control or a merger with a domestic company may be consummated
unless the person has filed with the Director and has sent to
the company a statement containing the information required by
Section 131.5 and the Director has approved the transaction or
granted an exemption. Prior to the acquisition, the Director
may conclude that a statement need not be filed by the
acquiring party if the acquiring party demonstrates to the
satisfaction of the Director that:
(1) such transaction will not result in the change of
control of the domestic company; or
(2) (blank);
(3) the acquisition of, or attempt to acquire control
of, such other person is subject to requirements in the
jurisdiction of its domicile which are substantially
similar to those contained in this Section and Sections
131.5 through 131.12; or
(4) the control of the policyholders' proxies is being
acquired solely by virtue of the holders official office
and not as the result of any agreement or for any
consideration.
The purpose of this Section is to afford to the Director
the opportunity to review acquisitions in order to determine
whether or not the acquisition would be adverse to the
interests of the existing and future policyholders of the
company.

(b) For purposes of this Section, any controlling person of
a domestic company seeking to divest its controlling interest
in the domestic company in any manner shall file with the
Director, with a copy to the company, confidential notice of
its proposed divestiture at least 30 days prior to the
cessation of control. The Director shall determine those
instances in which the party or parties seeking to divest or to
acquire a controlling interest in a company shall be required
to file for and obtain approval of the transaction. The
information shall remain confidential until the conclusion of
the transaction unless the Director, in his or her discretion,
determines that confidential treatment shall interfere with
enforcement of this Section. If the statement referred to in
subsection (a) of this Section is otherwise filed in connection
with the proposed divestiture divesture or related
acquisition, this subsection (b) shall not apply.
(c) For purposes of this Section, a domestic company shall
include any person controlling a domestic company unless the
person, as determined by the Director, is either directly or
through its affiliates primarily engaged in business other than
the business of insurance. For the purposes of this Section,
"person" shall not include any securities broker holding, in
the usual and customary broker's function, less than 20% of the
voting securities of an insurance company or of any person that
controls an insurance company.
(Source: P.A. 98-609, eff. 1-1-14; revised 10-14-15.)

(215 ILCS 5/143a) (from Ch. 73, par. 755a)
Sec. 143a. Uninsured and hit and run motor vehicle
coverage.
(1) No policy insuring against loss resulting from
liability imposed by law for bodily injury or death suffered by
any person arising out of the ownership, maintenance or use of
a motor vehicle that is designed for use on public highways and
that is either required to be registered in this State or is
principally garaged in this State shall be renewed, delivered,
or issued for delivery in this State unless coverage is
provided therein or supplemental thereto, in limits for bodily
injury or death set forth in Section 7-203 of the Illinois
Vehicle Code for the protection of persons insured thereunder
who are legally entitled to recover damages from owners or
operators of uninsured motor vehicles and hit-and-run motor
vehicles because of bodily injury, sickness or disease,
including death, resulting therefrom. Uninsured motor vehicle
coverage does not apply to bodily injury, sickness, disease, or
death resulting therefrom, of an insured while occupying a
motor vehicle owned by, or furnished or available for the
regular use of the insured, a resident spouse or resident
relative, if that motor vehicle is not described in the policy
under which a claim is made or is not a newly acquired or
replacement motor vehicle covered under the terms of the
policy. The limits for any coverage for any vehicle under the

policy may not be aggregated with the limits for any similar
coverage, whether provided by the same insurer or another
insurer, applying to other motor vehicles, for purposes of
determining the total limit of insurance coverage available for
bodily injury or death suffered by a person in any one
accident. No policy shall be renewed, delivered, or issued for
delivery in this State unless it is provided therein that any
dispute with respect to the coverage and the amount of damages
shall be submitted for arbitration to the American Arbitration
Association and be subject to its rules for the conduct of
arbitration hearings as to all matters except medical opinions.
As to medical opinions, if the amount of damages being sought
is equal to or less than the amount provided for in Section
7-203 of the Illinois Vehicle Code, then the current American
Arbitration Association Rules shall apply. If the amount being
sought in an American Arbitration Association case exceeds that
amount as set forth in Section 7-203 of the Illinois Vehicle
Code, then the Rules of Evidence that apply in the circuit
court for placing medical opinions into evidence shall govern.
Alternatively, disputes with respect to damages and the
coverage shall be determined in the following manner: Upon the
insured requesting arbitration, each party to the dispute shall
select an arbitrator and the 2 arbitrators so named shall
select a third arbitrator. If such arbitrators are not selected
within 45 days from such request, either party may request that
the arbitration be submitted to the American Arbitration

Association. Any decision made by the arbitrators shall be
binding for the amount of damages not exceeding $75,000 for
bodily injury to or death of any one person, $150,000 for
bodily injury to or death of 2 or more persons in any one motor
vehicle accident, or the corresponding policy limits for bodily
injury or death, whichever is less. All 3-person arbitration
cases proceeding in accordance with any uninsured motorist
coverage conducted in this State in which the claimant is only
seeking monetary damages up to the limits set forth in Section
7-203 of the Illinois Vehicle Code shall be subject to the
following rules:
(A) If at least 60 days' written notice of the
intention to offer the following documents in evidence is
given to every other party, accompanied by a copy of the
document, a party may offer in evidence, without foundation
or other proof:
(1) bills, records, and reports of hospitals,
doctors, dentists, registered nurses, licensed
practical nurses, physical therapists, and other
healthcare providers;
(2) bills for drugs, medical appliances, and
prostheses;
(3) property repair bills or estimates, when
identified and itemized setting forth the charges for
labor and material used or proposed for use in the
repair of the property;

(4) a report of the rate of earnings and time lost
from work or lost compensation prepared by an employer;
(5) the written opinion of an opinion witness, the
deposition of a witness, and the statement of a witness
that the witness would be allowed to express if
testifying in person, if the opinion or statement is
made by affidavit or by certification as provided in
Section 1-109 of the Code of Civil Procedure;
(6) any other document not specifically covered by
any of the foregoing provisions that is otherwise
admissible under the rules of evidence.
Any party receiving a notice under this paragraph (A)
may apply to the arbitrator or panel of arbitrators, as the
case may be, for the issuance of a subpoena directed to the
author or maker or custodian of the document that is the
subject of the notice, requiring the person subpoenaed to
produce copies of any additional documents as may be
related to the subject matter of the document that is the
subject of the notice. Any such subpoena shall be issued in
substantially similar form and served by notice as provided
by Illinois Supreme Court Rule 204(a)(4). Any such subpoena
shall be returnable not less than 5 days before the
arbitration hearing.
(B) Notwithstanding the provisions of Supreme Court
Rule 213(g), a party who proposes to use a written opinion
of an expert or opinion witness or the testimony of an

expert or opinion witness at the hearing may do so provided
a written notice of that intention is given to every other
party not less than 60 days prior to the date of hearing,
accompanied by a statement containing the identity of the
witness, his or her qualifications, the subject matter, the
basis of the witness's conclusions, and his or her opinion.
(C) Any other party may subpoena the author or maker of
a document admissible under this subsection, at that
party's expense, and examine the author or maker as if
under cross-examination. The provisions of Section 2-1101
of the Code of Civil Procedure shall be applicable to
arbitration hearings, and it shall be the duty of a party
requesting the subpoena to modify the form to show that the
appearance is set before an arbitration panel and to give
the time and place set for the hearing.
(D) The provisions of Section 2-1102 of the Code of
Civil Procedure shall be applicable to arbitration
hearings under this subsection.
(2) No policy insuring against loss resulting from
liability imposed by law for property damage arising out of the
ownership, maintenance, or use of a motor vehicle shall be
renewed, delivered, or issued for delivery in this State with
respect to any private passenger or recreational motor vehicle
that is designed for use on public highways and that is either
required to be registered in this State or is principally
garaged in this State and is not covered by collision insurance

under the provisions of such policy, unless coverage is made
available in the amount of the actual cash value of the motor
vehicle described in the policy or $15,000 whichever is less,
subject to a $250 deductible, for the protection of persons
insured thereunder who are legally entitled to recover damages
from owners or operators of uninsured motor vehicles and
hit-and-run motor vehicles because of property damage to the
motor vehicle described in the policy.
There shall be no liability imposed under the uninsured
motorist property damage coverage required by this subsection
if the owner or operator of the at-fault uninsured motor
vehicle or hit-and-run motor vehicle cannot be identified. This
subsection shall not apply to any policy which does not provide
primary motor vehicle liability insurance for liabilities
arising from the maintenance, operation, or use of a
specifically insured motor vehicle.
Each insurance company providing motor vehicle property
damage liability insurance shall advise applicants of the
availability of uninsured motor vehicle property damage
coverage, the premium therefor, and provide a brief description
of the coverage. That information need be given only once and
shall not be required in any subsequent renewal, reinstatement
or reissuance, substitute, amended, replacement or
supplementary policy. No written rejection shall be required,
and the absence of a premium payment for uninsured motor
vehicle property damage shall constitute conclusive proof that

the applicant or policyholder has elected not to accept
uninsured motorist property damage coverage.
An insurance company issuing uninsured motor vehicle
property damage coverage may provide that:
(i) Property damage losses recoverable thereunder
shall be limited to damages caused by the actual physical
contact of an uninsured motor vehicle with the insured
motor vehicle.
(ii) There shall be no coverage for loss of use of the
insured motor vehicle and no coverage for loss or damage to
personal property located in the insured motor vehicle.
(iii) Any claim submitted shall include the name and
address of the owner of the at-fault uninsured motor
vehicle, or a registration number and description of the
vehicle, or any other available information to establish
that there is no applicable motor vehicle property damage
liability insurance.
Any dispute with respect to the coverage and the amount of
damages shall be submitted for arbitration to the American
Arbitration Association and be subject to its rules for the
conduct of arbitration hearings or for determination in the
following manner: Upon the insured requesting arbitration,
each party to the dispute shall select an arbitrator and the 2
arbitrators so named shall select a third arbitrator. If such
arbitrators are not selected within 45 days from such request,
either party may request that the arbitration be submitted to

the American Arbitration Association. Any arbitration
proceeding under this subsection seeking recovery for property
damages shall be subject to the following rules:
(A) If at least 60 days' written notice of the
intention to offer the following documents in evidence is
given to every other party, accompanied by a copy of the
document, a party may offer in evidence, without foundation
or other proof:
(1) property repair bills or estimates, when
identified and itemized setting forth the charges for
labor and material used or proposed for use in the
repair of the property;
(2) the written opinion of an opinion witness, the
deposition of a witness, and the statement of a witness
that the witness would be allowed to express if
testifying in person, if the opinion or statement is
made by affidavit or by certification as provided in
Section 1-109 of the Code of Civil Procedure;
(3) any other document not specifically covered by
any of the foregoing provisions that is otherwise
admissible under the rules of evidence.
Any party receiving a notice under this paragraph (A)
may apply to the arbitrator or panel of arbitrators, as the
case may be, for the issuance of a subpoena directed to the
author or maker or custodian of the document that is the
subject of the notice, requiring the person subpoenaed to

produce copies of any additional documents as may be
related to the subject matter of the document that is the
subject of the notice. Any such subpoena shall be issued in
substantially similar form and served by notice as provided
by Illinois Supreme Court Rule 204(a)(4). Any such subpoena
shall be returnable not less than 5 days before the
arbitration hearing.
(B) Notwithstanding the provisions of Supreme Court
Rule 213(g), a party who proposes to use a written opinion
of an expert or opinion witness or the testimony of an
expert or opinion witness at the hearing may do so provided
a written notice of that intention is given to every other
party not less than 60 days prior to the date of hearing,
accompanied by a statement containing the identity of the
witness, his or her qualifications, the subject matter, the
basis of the witness's conclusions, and his or her opinion.
(C) Any other party may subpoena the author or maker of
a document admissible under this subsection, at that
party's expense, and examine the author or maker as if
under cross-examination. The provisions of Section 2-1101
of the Code of Civil Procedure shall be applicable to
arbitration hearings, and it shall be the duty of a party
requesting the subpoena to modify the form to show that the
appearance is set before an arbitration panel and to give
the time and place set for the hearing.
(D) The provisions of Section 2-1102 of the Code of

Civil Procedure shall be applicable to arbitration
hearings under this subsection.
(3) For the purpose of the coverage, the term "uninsured
motor vehicle" includes, subject to the terms and conditions of
the coverage, a motor vehicle where on, before or after the
accident date the liability insurer thereof is unable to make
payment with respect to the legal liability of its insured
within the limits specified in the policy because of the entry
by a court of competent jurisdiction of an order of
rehabilitation or liquidation by reason of insolvency on or
after the accident date. An insurer's extension of coverage, as
provided in this subsection, shall be applicable to all
accidents occurring after July 1, 1967 during a policy period
in which its insured's uninsured motor vehicle coverage is in
effect. Nothing in this Section may be construed to prevent any
insurer from extending coverage under terms and conditions more
favorable to its insureds than is required by this Section.
(4) In the event of payment to any person under the
coverage required by this Section and subject to the terms and
conditions of the coverage, the insurer making the payment
shall, to the extent thereof, be entitled to the proceeds of
any settlement or judgment resulting from the exercise of any
rights of recovery of the person against any person or
organization legally responsible for the property damage,
bodily injury or death for which the payment is made, including
the proceeds recoverable from the assets of the insolvent

insurer. With respect to payments made by reason of the
coverage described in subsection (3), the insurer making such
payment shall not be entitled to any right of recovery against
the tortfeasor tort-feasor in excess of the proceeds recovered
from the assets of the insolvent insurer of the tortfeasor
tort-feasor.
(5) This amendatory Act of 1967 (Laws of Illinois 1967,
page 875) shall not be construed to terminate or reduce any
insurance coverage or any right of any party under this Code in
effect before July 1, 1967. Public Act 86-1155 This amendatory
Act of 1990 shall not be construed to terminate or reduce any
insurance coverage or any right of any party under this Code in
effect before its effective date.
(6) Failure of the motorist from whom the claimant is
legally entitled to recover damages to file the appropriate
forms with the Safety Responsibility Section of the Department
of Transportation within 120 days of the accident date shall
create a rebuttable presumption that the motorist was uninsured
at the time of the injurious occurrence.
(7) An insurance carrier may upon good cause require the
insured to commence a legal action against the owner or
operator of an uninsured motor vehicle before good faith
negotiation with the carrier. If the action is commenced at the
request of the insurance carrier, the carrier shall pay to the
insured, before the action is commenced, all court costs, jury
fees and sheriff's fees arising from the action.

The changes made by Public Act 90-451 this amendatory Act
of 1997 apply to all policies of insurance amended, delivered,
issued, or renewed on and after January 1, 1998 (the effective
date of Public Act 90-451) this amendatory Act of 1997.
(8) The changes made by Public Act 98-927 this amendatory
Act of the 98th General Assembly apply to all policies of
insurance amended, delivered, issued, or renewed on and after
January 1, 2015 (the effective date of Public Act 98-927) this
amendatory Act of the 98th General Assembly.
(Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15; revised
10-15-15.)
(215 ILCS 5/147.1) (from Ch. 73, par. 759.1)
Sec. 147.1. Sale of insurance company shares.
(1) No shares of the capital stock of a domestic stock
company shall be sold or offered for sale to the public in this
State by an issuer, underwriter, dealer or controlling person
in respect of such shares without first procuring from the
Director a permit so to do.
(2) Unless the context otherwise indicates the following
terms as used in this Section shall have the following
meanings:
(a) The word "issuer" shall mean every company which
shall have issued or proposes to issue any such shares of
capital stock. ,
(b) The word "underwriter" shall mean any person who

has purchased such shares of capital stock from an issuer
or controlling person with a view to, or sells such shares
of capital stock for an issuer or a controlling person in
connection with, the distribution thereof, or participates
or has a participation in the direct or indirect
underwriting of such distribution; but such term shall not
include a person whose interest is limited to a commission
or discount from an underwriter or dealer not in excess of
the usual and customary distributor's distributer's or
seller's commission or discount or not in excess of any
applicable statutory maximum commission or discount. An
underwriter shall be deemed to be no longer an underwriter
of an issue of shares of capital stock after he has
completely disposed of his allotment of such shares or, if
he did not purchase the shares, after he has ceased to sell
such shares for the issuer or controlling person.
(c) The word "dealer" shall mean any person other than
an issuer, a controlling person, a bank organized under the
banking laws of this State or of the United States, a trust
company organized under the laws of this State, an
insurance company or a salesman, who engages in this State,
either for all or part of his time, directly or indirectly,
as agent, broker or principal, in the business of offering,
selling, buying and selling, or otherwise dealing or
trading in shares of capital stock of insurance companies.
(d) The words "controlling person" shall mean any

person selling such shares of capital stock, or group of
persons acting in concert in the sale of such shares,
owning beneficially (and in the absence of knowledge, or
reasonable grounds of belief, to the contrary, record
ownership shall for the purposes hereof be presumed to be
beneficial ownership) either:
(i) 25% or Or more of the outstanding voting shares
of the issuer of such shares where no other person owns
or controls a greater percentage of such shares, or
(ii) such Such number of outstanding number of
shares of the issuer as would enable such person, or
group of persons, to elect a majority of the Board of
Directors of such issuer.
(e) The word "salesman" shall mean an individual, other
than an issuer, an underwriter, a dealer or a controlling
person, employed or appointed or authorized by an issuer,
an underwriter, a dealer or a controlling person to sell
such shares in this State. The partners or officers of an
issuer, an underwriter, a dealer or a controlling person
shall not be deemed to be a salesman within the meaning of
this definition.
(3) The provisions of this Section shall not apply to any
of the following transactions:
(a) The sale in good faith, whether through a dealer or
otherwise, of such shares by a vendor who is not an issuer,
underwriter, dealer or controlling person in respect of

such shares, and who, being the bona fide owner of such
shares deposes thereof for his own account; provided, that
such sale is not made directly or indirectly for the
benefit of the issuer or of an underwriter or controlling
person.
(b) The sale, issuance or exchange by an issuer of its
shares to or with its own shareholders, if no commission or
other remuneration is paid or given directly or indirectly
for or on account of the procuring or soliciting of such
sale or exchange (other than a fee paid to underwriters
based on their undertaking to purchase any shares not
purchased by shareholders in connection with such sale or
exchange), or the issuance by an issuer of its shares to a
holder of convertible securities pursuant to a conversion
provision granted at the time of issuance of such
convertible securities, provided that no commission or
other remuneration is paid or given directly or indirectly
thereon on account of the procuring or soliciting of such
conversion and no consideration from the holder in addition
to the surrender or cancellation of the convertible
security is required to effect the conversion.
(c) The sale of such shares to any corporation, bank,
savings institution, trust company, insurance company,
building and loan association, dealer, pension fund or
pension trust, employees profit sharing trust or to any
association engaged as a substantial part of its business

or operations in purchasing or holding securities, or to
any trust in respect of which a bank or trust company is
trustee or co-trustee.
(d) The sale of such shares by an executor,
administrator, guardian, receiver or trustee in insolvency
or bankruptcy or at any judicial sale or at a public sale
by auction held at an advertised time and place or the sale
of such shares in good faith and not for the purpose of
avoiding the provisions of this Section by a pledgee of
such shares pledged for a bona fide debt.
(e) Such other transaction as may be declared by ruling
of the Director to be exempt from the provisions of this
Section.
(4) Prior to the issuance of any permit under this Section,
there shall be delivered to the Director two copies of the
following:
(a) the prospectus which is to be used in connection
with the sale of such shares;
(b) the underwriting and selling agreements, if any;
(c) the subscription agreement;
(d) the depository agreement under which the
subscription proceeds are to be held;
(e) any and all other documents, agreements, contracts
and other papers of whatever nature which are to be used in
connection with or relative to the sale of such shares,
which may be required by the Director.

(5) The Director shall within a reasonable time examine the
documents submitted to him and unless he finds from said
documents that the sale of said shares is inequitable or would
work or tend to work a fraud or deceit upon the purchasers
thereof, he shall issue a permit authorizing the sale of said
shares.
(6) The Director shall have the power to prescribe such
rules and regulations relating to the sale, issuance, and
offering of said shares as will effectuate the purpose of this
section to the end that no inequity, fraud or deceit will be
perpetrated upon the purchasers thereof.
(7) If the Director finds that any of the provisions of
this Section or of the rules and regulations adopted pursuant
hereto have been violated or that the sale, issuance or
offering of any such shares is inequitable or works or tends to
work a fraud or deceit upon the purchasers thereof he may
refuse to issue a permit to sell, issue or offer such shares or
may, after notice and hearing, revoke such permit. The action
of the Director in refusing, after due application therefor in
form prescribed by the Director, or revoking, any such permit
shall be subject to judicial review in the manner prescribed by
the insurance laws of this State.
(8) Any person who violates any of the provisions of this
Section shall be guilty of a business offense and, upon
conviction thereof shall be fined not less than $1,000 nor more
than the greater of either $5,000 or twice the whole amount,

received upon the sale of shares in violation of this Section
and may in addition, if a natural person, be convicted of a
Class A misdemeanor.
(Source: P.A. 84-502; revised 10-21-15.)
(215 ILCS 5/356g) (from Ch. 73, par. 968g)
(Text of Section before amendment by P.A. 99-407)
Sec. 356g. Mammograms; mastectomies.
(a) Every insurer shall provide in each group or individual
policy, contract, or certificate of insurance issued or renewed
for persons who are residents of this State, coverage for
screening by low-dose mammography for all women 35 years of age
or older for the presence of occult breast cancer within the
provisions of the policy, contract, or certificate. 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.
(5) A screening MRI when medically necessary, as
determined by a physician licensed to practice medicine in
all of its branches.
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 radiation
exposure delivery of less than 1 rad per breast for 2 views of
an average size breast. The term also includes digital
mammography.
(a-5) Coverage as described by subsection (a) shall be
provided at no cost to the insured and shall not be applied to
an annual or lifetime maximum benefit.
(a-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 (a-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.

(b) No policy of accident or health insurance that provides
for the surgical procedure known as a mastectomy shall be
issued, amended, delivered, or renewed in this State unless
that coverage also provides 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.

Written notice of the availability of coverage under this
Section shall be delivered to the insured upon enrollment and
annually thereafter. An insurer may not deny to an insured
eligibility, or continued eligibility, to enroll or to renew
coverage under the terms of the plan solely for the purpose of
avoiding the requirements of this Section. An insurer 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.
(c) 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. 99-433, eff. 8-21-15; revised 10-20-15.)
(Text of Section after amendment by P.A. 99-407)
Sec. 356g. Mammograms; mastectomies.
(a) Every insurer shall provide in each group or individual
policy, contract, or certificate of insurance issued or renewed
for persons who are residents of this State, coverage for
screening by low-dose mammography for all women 35 years of age
or older for the presence of occult breast cancer within the

provisions of the policy, contract, or certificate. 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.
(5) A screening MRI when medically necessary, as
determined by a physician licensed to practice medicine in
all of its branches.
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 radiation
exposure delivery of less than 1 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.
(a-5) Coverage as described by subsection (a) shall be
provided at no cost to the insured and shall not be applied to
an annual or lifetime maximum benefit.
(a-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 (a-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.
(b) No policy of accident or health insurance that provides
for the surgical procedure known as a mastectomy shall be
issued, amended, delivered, or renewed in this State unless
that coverage also provides 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.
Written notice of the availability of coverage under this
Section shall be delivered to the insured upon enrollment and
annually thereafter. An insurer may not deny to an insured
eligibility, or continued eligibility, to enroll or to renew
coverage under the terms of the plan solely for the purpose of
avoiding the requirements of this Section. An insurer 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.
(c) 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. 99-407 (see Section 99 of P.A. 99-407 for its
effective date); 99-433, eff. 8-21-15; revised 10-20-15.)
(215 ILCS 5/356z.2)
Sec. 356z.2. Coverage for adjunctive services in dental
care.
(a) An individual or group policy of accident and health
insurance amended, delivered, issued, or renewed after January
1, 2003 (the effective date of Public Act 92-764) this
amendatory Act of the 92nd General Assembly shall cover charges
incurred, and anesthetics provided, in conjunction with dental
care that is provided to a covered individual in a hospital or
an ambulatory surgical treatment center if any of the following
applies:
(1) the individual is a child age 6 or under;
(2) the individual has a medical condition that
requires hospitalization or general anesthesia for dental
care; or

(3) the individual is a person with a disability.
(a-5) An individual or group policy of accident and health
insurance amended, delivered, issued, or renewed after January
1, 2016 (the effective date of Public Act 99-141) this
amendatory Act of the 99th General Assembly shall cover charges
incurred, and anesthetics provided by a dentist with a permit
provided under Section 8.1 of the Illinois Dental Practice Act,
in conjunction with dental care that is provided to a covered
individual in a dental office, oral surgeon's office, hospital,
or ambulatory surgical treatment center if the individual is
under age 19 and has been diagnosed with an autism spectrum
disorder as defined in Section 10 of the Autism Spectrum
Disorders Reporting Act or a developmental disability. A
covered individual shall be required to make 2 visits to the
dental care provider prior to accessing other coverage under
this subsection.
For purposes of this subsection, "developmental
disability" means a disability that is attributable to an
intellectual disability or a related condition, if the related
condition meets all of the following conditions:
(1) it is attributable to cerebral palsy, epilepsy, or
any other condition, other than mental illness, found to be
closely related to an intellectual disability because that
condition results in impairment of general intellectual
functioning or adaptive behavior similar to that of
individuals with an intellectual disability and requires

treatment or services similar to those required for those
individuals; for purposes of this definition, autism is
considered a related condition;
(2) it is manifested before the individual reaches age
22;
(3) it is likely to continue indefinitely; and
(4) it results in substantial functional limitations
in 3 or more of the following areas of major life activity:
self-care, language, learning, mobility, self-direction,
and capacity for independent living.
(b) For purposes of this Section, "ambulatory surgical
treatment center" has the meaning given to that term in Section
3 of the Ambulatory Surgical Treatment Center Act.
For purposes of this Section, "person with a disability"
means a person, regardless of age, with a chronic disability if
the chronic disability meets all of the following conditions:
(1) It is attributable to a mental or physical
impairment or combination of mental and physical
impairments.
(2) It is likely to continue.
(3) It results in substantial functional limitations
in one or more of the following areas of major life
activity:
(A) self-care;
(B) receptive and expressive language;
(C) learning;

(D) mobility;
(E) capacity for independent living; or
(F) economic self-sufficiency.
(c) The coverage required under this Section may be subject
to any limitations, exclusions, or cost-sharing provisions
that apply generally under the insurance policy.
(d) This Section does not apply to a policy that covers
only dental care.
(e) Nothing in this Section requires that the dental
services be covered.
(f) The provisions of this Section do not apply to
short-term travel, accident-only, limited, or specified
disease policies, nor to policies or contracts designed for
issuance to persons eligible for coverage under Title XVIII of
the Social Security Act, known as Medicare, or any other
similar coverage under State or federal governmental plans.
(Source: P.A. 99-141, eff. 1-1-16; 99-143, eff. 7-27-15;
revised 10-15-15.)
(215 ILCS 5/460) (from Ch. 73, par. 1065.7)
Sec. 460. Competitive market; approval of rates Market,
Approval of Rates.
(a) Beginning January 1, 1983, a competitive market is
presumed to exist unless the Director, after a hearing,
determines that a reasonable degree of competition does not
exist in the market and the Director issues a ruling to that

effect. For purposes of this Article only, market shall mean
the statewide workers' compensation and employers' liability
lines of business. In determining whether a reasonable degree
of competition exists, the Director shall consider relevant
tests of workable competition pertaining to market structure,
market performance and market conduct. Such tests may include,
but need not be limited to, the following: size and number of
firms actively engaged in the market, market shares and changes
in market shares of firms, ease of entry and exit from a given
market, underwriting restriction, and whether profitability
for companies generally in the market is unreasonably high. The
determination of competition involves the interaction of the
various tests and the weight given to specific tests depends
upon the particular situation and pattern of test results.
In determining whether or not a competitive market exists,
the Director shall monitor the degree of competition in this
State. In doing so, he shall utilize existing relevant
information, analytical systems and other sources; cause or
participate in the development of new relevant information,
analytical systems and other sources; or rely on some
combination thereof. Such activities may be conducted
internally within the Department of Insurance, in cooperation
with other state insurance departments, through outside
contractors, or in any other appropriate manner.
(b) If the Director finds that a reasonable degree of
competition does not exist in a market, he may require that the

insurers in that market file supporting information in support
of existing rates. If the Director believes that such rates may
violate any of the requirements of this Article, he shall call
a hearing prior to any disapproval. If the Director determines
that a competitive market does not exist in the workers'
compensation market as provided in a ruling pursuant to this
Section, then every company must prefile every manual of
classifications, rules, rates, rating plans, rating schedules,
and every modification of the foregoing covered by such rule.
Such filing shall be made at least 30 days prior to its taking
effect, and such prefiling requirement shall remain in effect
as long as there is a ruling in effect pursuant to this Section
that a reasonable degree of competition does not exist.
(c) The Director shall disapprove a rate if he finds that
the rate is excessive, inadequate or unfairly discriminatory as
defined in Section 456. An insurer whose rates have been
disapproved shall be given a hearing upon a written request
made within 30 days after the disapproval order.
If the Director disapproves a rate, he shall issue an order
specifying in what respects it fails to meet the requirements
of this Article and stating when within a reasonable period
thereafter such rate shall be discontinued for any policy
issued or renewed after a date specified in the order. The
order shall be issued within 30 days after the close of the
hearing or within such reasonable time extension as the
Director may fix. Such order may include a provision for

premium adjustment for the period after the effective date of
the order for policies in effect on such date.
(d) Whenever an insurer has no legally effective rates as a
result of the Director's disapproval of rates or other act, the
Director shall on request of the insurer specify interim rates
for the insurer that are high enough to protect the interest of
all parties and may order that a specified portion of the
premiums be placed in an escrow account approved by him. When
new rates become legally effective, the Director shall order
the escrowed funds or any overcharge in the interim rates to be
distributed appropriately, except that refunds to
policyholders that are de minimis minimus shall not be
required.
(Source: P.A. 82-939; revised 10-21-15.)
(215 ILCS 5/512.59) (from Ch. 73, par. 1065.59-59)
(Section scheduled to be repealed on January 1, 2017)
Sec. 512.59. Performance standards applicable to all
Public Insurance Adjusters.
(a) A Public Insurance Adjuster shall not represent that he
is a representative of an insurance company, a fire department,
or the State of Illinois, or that he is a fire investigator, or
that his services are required for the insured to submit a
claim to the insured's insurance company, or that he may
provide legal advice or representation to the insured. A Public
Insurance Adjuster may represent that he has been licensed by

the State of Illinois.
(b) A Public Insurance Adjuster shall not agree to any loss
settlement without the insured's knowledge and consent and
shall provide the insured with a document setting forth the
scope, amount, and value of the damages prior to requesting the
insured for authority to settling any loss.
(c) If the Public Insurance Adjuster refers the insured to
a contractor, the Public Insurance Adjuster warrants that all
work will be performed in a workmanlike manner and conform to
all statutes, ordinances and codes. Should the work not be
completed in a workmanlike manner, the Public Insurance
Adjuster shall be responsible for any and all costs and expense
required to complete or repair the work in a workmanlike
manner.
(d) In all cases where the loss giving rise to the claim
for which the Public Insurance Adjuster was retained arise from
damage to a personal residence, the insurance proceeds shall be
delivered in person to the named insured or his or her
designee. Where proceeds paid by an insurance company are paid
jointly to the insured and the Public Insurance Adjuster, the
insured shall release such portion of the proceeds which are
due the Public Insurance Adjuster within 30 calendar days after
the insured's receipt of the insurance company's check, money
order, draft, or release of funds. If the proceeds are not so
released to the insured within 30 calendar days, the insured
shall provide the Public Insurance Adjuster with a written

explanation of the reason for the delay.
(e) A Public Insurance Adjuster may not propose or attempt
to propose to any person that the Public Insurance Adjuster
represent that person while a loss-producing occurrence is
continuing nor while the fire department or its representatives
are engaged at the damaged premises nor between the hours of
7:00 p.m. and 8:00 a.m..
(f) A Public Insurance Adjuster shall not advance money or
any valuable consideration to an insured pending adjustment of
a claim.
(g) A Public Insurance Adjuster shall not provide legal
advice or representation to the insured, or engage in the
unauthorized practice of law.
(Source: P.A. 95-213, eff. 1-1-08; revised 10-21-15.)
(215 ILCS 5/902) (from Ch. 73, par. 1065.602)
Sec. 902. "Entire contract Contract" specified.) Each
group legal expense insurance policy shall provide that the
policy, the application of the employer, or executive officer
or trustee of any association, and the individual applications,
if any, of the employees, members or employees of members
insured shall constitute the entire contract between the
parties, and that all statements made by the employer, or the
executive officer or trustee, or by the individual employees,
members or employees of members shall, in the absence of fraud,
be deemed representations and not warranties warrantees, and

that no such statement shall be used in defense to a claim
under the policy, unless it is contained in a written
application.
(Source: P.A. 81-1361; revised 10-21-15.)
(215 ILCS 5/1202) (from Ch. 73, par. 1065.902)
Sec. 1202. Duties. The Director shall:
(a) determine the relationship of insurance premiums
and related income as compared to insurance costs and
expenses and provide such information to the General
Assembly and the general public;
(b) study the insurance system in the State of
Illinois, and recommend to the General Assembly what it
deems to be the most appropriate and comprehensive cost
containment system for the State;
(c) respond to the requests by agencies of government
and the General Assembly for special studies and analysis
of data collected pursuant to this Article. Such reports
shall be made available in a form prescribed by the
Director. The Director may also determine a fee to be
charged to the requesting agency to cover the direct and
indirect costs for producing such a report, and shall
permit affected insurers the right to review the accuracy
of the report before it is released. The fees shall be
deposited into the Statistical Services Revolving Fund and
credited to the account of the Department of Insurance;

(d) make an interim report to the General Assembly no
later than August 15, 1987, and an a annual report to the
General Assembly no later than July 1 every year thereafter
which shall include the Director's findings and
recommendations regarding its duties as provided under
subsections (a), (b), and (c) of this Section.
(Source: P.A. 98-226, eff. 1-1-14; revised 10-21-15.)
Section 315. The Public Utilities Act is amended by
changing Sections 13-703 and 16-108.5 as follows:
(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
(Section scheduled to be repealed on July 1, 2017)
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 licensed physician, speech-language
pathologist, audiologist 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 10 of the Wireless Emergency Telephone Safety 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) this amendatory Act of

the 99th General Assembly, 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. 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 Utilities 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 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; revised
10-21-15.)
(220 ILCS 5/16-108.5)
Sec. 16-108.5. Infrastructure investment and
modernization; regulatory reform.
(a) (Blank).
(b) For purposes of this Section, "participating utility"
means an electric utility or a combination utility serving more
than 1,000,000 customers in Illinois that voluntarily elects
and commits to undertake (i) the infrastructure investment
program consisting of the commitments and obligations
described in this subsection (b) and (ii) the customer
assistance program consisting of the commitments and
obligations described in subsection (b-10) of this Section,
notwithstanding any other provisions of this Act and without
obtaining any approvals from the Commission or any other agency
other than as set forth in this Section, regardless of whether
any such approval would otherwise be required. "Combination
utility" means a utility that, as of January 1, 2011, provided
electric service to at least one million retail customers in
Illinois and gas service to at least 500,000 retail customers

in Illinois. A participating utility shall recover the
expenditures made under the infrastructure investment program
through the ratemaking process, including, but not limited to,
the performance-based formula rate and process set forth in
this Section.
During the infrastructure investment program's peak
program year, a participating utility other than a combination
utility shall create 2,000 full-time equivalent jobs in
Illinois, and a participating utility that is a combination
utility shall create 450 full-time equivalent jobs in Illinois
related to the provision of electric service. These jobs shall
include direct jobs, contractor positions, and induced jobs,
but shall not include any portion of a job commitment, not
specifically contingent on an amendatory Act of the 97th
General Assembly becoming law, between a participating utility
and a labor union that existed on December 30, 2011 (the
effective date of Public Act 97-646) this amendatory Act of the
97th General Assembly and that has not yet been fulfilled. A
portion of the full-time equivalent jobs created by each
participating utility shall include incremental personnel
hired subsequent to December 30, 2011 (the effective date of
Public Act 97-646) this amendatory Act of the 97th General
Assembly. For purposes of this Section, "peak program year"
means the consecutive 12-month period with the highest number
of full-time equivalent jobs that occurs between the beginning
of investment year 2 and the end of investment year 4.

A participating utility shall meet one of the following
commitments, as applicable:
(1) Beginning no later than 180 days after a
participating utility other than a combination utility
files a performance-based formula rate tariff pursuant to
subsection (c) of this Section, or, beginning no later than
January 1, 2012 if such utility files such
performance-based formula rate tariff within 14 days of
October 26, 2011 (the effective date of Public Act 97-616)
this amendatory Act of the 97th General Assembly, the
participating utility shall, except as provided in
subsection (b-5):
(A) over a 5-year period, invest an estimated
$1,300,000,000 in electric system upgrades,
modernization projects, and training facilities,
including, but not limited to:
(i) distribution infrastructure improvements
totaling an estimated $1,000,000,000, including
underground residential distribution cable
injection and replacement and mainline cable
system refurbishment and replacement projects;
(ii) training facility construction or upgrade
projects totaling an estimated $10,000,000,
provided that, at a minimum, one such facility
shall be located in a municipality having a
population of more than 2 million residents and one

such facility shall be located in a municipality
having a population of more than 150,000 residents
but fewer than 170,000 residents; any such new
facility located in a municipality having a
population of more than 2 million residents must be
designed for the purpose of obtaining, and the
owner of the facility shall apply for,
certification under the United States Green
Building Council's Leadership in Energy Efficiency
Design Green Building Rating System;
(iii) wood pole inspection, treatment, and
replacement programs;
(iv) an estimated $200,000,000 for reducing
the susceptibility of certain circuits to
storm-related damage, including, but not limited
to, high winds, thunderstorms, and ice storms;
improvements may include, but are not limited to,
overhead to underground conversion and other
engineered outcomes for circuits; the
participating utility shall prioritize the
selection of circuits based on each circuit's
historical susceptibility to storm-related damage
and the ability to provide the greatest customer
benefit upon completion of the improvements; to be
eligible for improvement, the participating
utility's ability to maintain proper tree

clearances surrounding the overhead circuit must
not have been impeded by third parties; and
(B) over a 10-year period, invest an estimated
$1,300,000,000 to upgrade and modernize its
transmission and distribution infrastructure and in
Smart Grid electric system upgrades, including, but
not limited to:
(i) additional smart meters;
(ii) distribution automation;
(iii) associated cyber secure data
communication network; and
(iv) substation micro-processor relay
upgrades.
(2) Beginning no later than 180 days after a
participating utility that is a combination utility files a
performance-based formula rate tariff pursuant to
subsection (c) of this Section, or, beginning no later than
January 1, 2012 if such utility files such
performance-based formula rate tariff within 14 days of
October 26, 2011 (the effective date of Public Act 97-616)
this amendatory Act of the 97th General Assembly, the
participating utility shall, except as provided in
subsection (b-5):
(A) over a 10-year period, invest an estimated
$265,000,000 in electric system upgrades,
modernization projects, and training facilities,

including, but not limited to:
(i) distribution infrastructure improvements
totaling an estimated $245,000,000, which may
include bulk supply substations, transformers,
reconductoring, and rebuilding overhead
distribution and sub-transmission lines,
underground residential distribution cable
injection and replacement and mainline cable
system refurbishment and replacement projects;
(ii) training facility construction or upgrade
projects totaling an estimated $1,000,000; any
such new facility must be designed for the purpose
of obtaining, and the owner of the facility shall
apply for, certification under the United States
Green Building Council's Leadership in Energy
Efficiency Design Green Building Rating System;
and
(iii) wood pole inspection, treatment, and
replacement programs; and
(B) over a 10-year period, invest an estimated
$360,000,000 to upgrade and modernize its transmission
and distribution infrastructure and in Smart Grid
electric system upgrades, including, but not limited
to:
(i) additional smart meters;
(ii) distribution automation;

(iii) associated cyber secure data
communication network; and
(iv) substation micro-processor relay
upgrades.
For purposes of this Section, "Smart Grid electric system
upgrades" shall have the meaning set forth in subsection (a) of
Section 16-108.6 of this Act.
The investments in the infrastructure investment program
described in this subsection (b) shall be incremental to the
participating utility's annual capital investment program, as
defined by, for purposes of this subsection (b), the
participating utility's average capital spend for calendar
years 2008, 2009, and 2010 as reported in the applicable
Federal Energy Regulatory Commission (FERC) Form 1; provided
that where one or more utilities have merged, the average
capital spend shall be determined using the aggregate of the
merged utilities' capital spend reported in FERC Form 1 for the
years 2008, 2009, and 2010. A participating utility may add
reasonable construction ramp-up and ramp-down time to the
investment periods specified in this subsection (b). For each
such investment period, the ramp-up and ramp-down time shall
not exceed a total of 6 months.
Within 60 days after filing a tariff under subsection (c)
of this Section, a participating utility shall submit to the
Commission its plan, including scope, schedule, and staffing,
for satisfying its infrastructure investment program

commitments pursuant to this subsection (b). The submitted plan
shall include a schedule and staffing plan for the next
calendar year. The plan shall also include a plan for the
creation, operation, and administration of a Smart Grid test
bed as described in subsection (c) of Section 16-108.8. The
plan need not allocate the work equally over the respective
periods, but should allocate material increments throughout
such periods commensurate with the work to be undertaken. No
later than April 1 of each subsequent year, the utility shall
submit to the Commission a report that includes any updates to
the plan, a schedule for the next calendar year, the
expenditures made for the prior calendar year and cumulatively,
and the number of full-time equivalent jobs created for the
prior calendar year and cumulatively. If the utility is
materially deficient in satisfying a schedule or staffing plan,
then the report must also include a corrective action plan to
address the deficiency. The fact that the plan, implementation
of the plan, or a schedule changes shall not imply the
imprudence or unreasonableness of the infrastructure
investment program, plan, or schedule. Further, no later than
45 days following the last day of the first, second, and third
quarters of each year of the plan, a participating utility
shall submit to the Commission a verified quarterly report for
the prior quarter that includes (i) the total number of
full-time equivalent jobs created during the prior quarter,
(ii) the total number of employees as of the last day of the

prior quarter, (iii) the total number of full-time equivalent
hours in each job classification or job title, (iv) the total
number of incremental employees and contractors in support of
the investments undertaken pursuant to this subsection (b) for
the prior quarter, and (v) any other information that the
Commission may require by rule.
With respect to the participating utility's peak job
commitment, if, after considering the utility's corrective
action plan and compliance thereunder, the Commission enters an
order finding, after notice and hearing, that a participating
utility did not satisfy its peak job commitment described in
this subsection (b) for reasons that are reasonably within its
control, then the Commission shall also determine, after
consideration of the evidence, including, but not limited to,
evidence submitted by the Department of Commerce and Economic
Opportunity and the utility, the deficiency in the number of
full-time equivalent jobs during the peak program year due to
such failure. The Commission shall notify the Department of any
proceeding that is initiated pursuant to this paragraph. For
each full-time equivalent job deficiency during the peak
program year that the Commission finds as set forth in this
paragraph, the participating utility shall, within 30 days
after the entry of the Commission's order, pay $6,000 to a fund
for training grants administered under Section 605-800 of the
The Department of Commerce and Economic Opportunity Law, which
shall not be a recoverable expense.

With respect to the participating utility's investment
amount commitments, if, after considering the utility's
corrective action plan and compliance thereunder, the
Commission enters an order finding, after notice and hearing,
that a participating utility is not satisfying its investment
amount commitments described in this subsection (b), then the
utility shall no longer be eligible to annually update the
performance-based formula rate tariff pursuant to subsection
(d) of this Section. In such event, the then current rates
shall remain in effect until such time as new rates are set
pursuant to Article IX of this Act, subject to retroactive
adjustment, with interest, to reconcile rates charged with
actual costs.
If the Commission finds that a participating utility is no
longer eligible to update the performance-based formula rate
tariff pursuant to subsection (d) of this Section, or the
performance-based formula rate is otherwise terminated, then
the participating utility's voluntary commitments and
obligations under this subsection (b) shall immediately
terminate, except for the utility's obligation to pay an amount
already owed to the fund for training grants pursuant to a
Commission order.
In meeting the obligations of this subsection (b), to the
extent feasible and consistent with State and federal law, the
investments under the infrastructure investment program should
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.
(b-5) Nothing in this Section shall prohibit the Commission
from investigating the prudence and reasonableness of the
expenditures made under the infrastructure investment program
during the annual review required by subsection (d) of this
Section and shall, as part of such investigation, determine
whether the utility's actual costs under the program are
prudent and reasonable. The fact that a participating utility
invests more than the minimum amounts specified in subsection
(b) of this Section or its plan shall not imply imprudence or
unreasonableness.
If the participating utility finds that it is implementing
its plan for satisfying the infrastructure investment program
commitments described in subsection (b) of this Section at a
cost below the estimated amounts specified in subsection (b) of
this Section, then the utility may file a petition with the
Commission requesting that it be permitted to satisfy its
commitments by spending less than the estimated amounts
specified in subsection (b) of this Section. The Commission
shall, after notice and hearing, enter its order approving, or
approving as modified, or denying each such petition within 150
days after the filing of the petition.
In no event, absent General Assembly approval, shall the

capital investment costs incurred by a participating utility
other than a combination utility in satisfying its
infrastructure investment program commitments described in
subsection (b) of this Section exceed $3,000,000,000 or, for a
participating utility that is a combination utility,
$720,000,000. If the participating utility's updated cost
estimates for satisfying its infrastructure investment program
commitments described in subsection (b) of this Section exceed
the limitation imposed by this subsection (b-5), then it shall
submit a report to the Commission that identifies the increased
costs and explains the reason or reasons for the increased
costs no later than the year in which the utility estimates it
will exceed the limitation. The Commission shall review the
report and shall, within 90 days after the participating
utility files the report, report to the General Assembly its
findings regarding the participating utility's report. If the
General Assembly does not amend the limitation imposed by this
subsection (b-5), then the utility may modify its plan so as
not to exceed the limitation imposed by this subsection (b-5)
and may propose corresponding changes to the metrics
established pursuant to subparagraphs (5) through (8) of
subsection (f) of this Section, and the Commission may modify
the metrics and incremental savings goals established pursuant
to subsection (f) of this Section accordingly.
(b-10) All participating utilities shall make
contributions for an energy low-income and support program in

accordance with this subsection. Beginning no later than 180
days after a participating utility files a performance-based
formula rate tariff pursuant to subsection (c) of this Section,
or beginning no later than January 1, 2012 if such utility
files such performance-based formula rate tariff within 14 days
of December 30, 2011 (the effective date of Public Act 97-646)
this amendatory Act of the 97th General Assembly, and without
obtaining any approvals from the Commission or any other agency
other than as set forth in this Section, regardless of whether
any such approval would otherwise be required, a participating
utility other than a combination utility shall pay $10,000,000
per year for 5 years and a participating utility that is a
combination utility shall pay $1,000,000 per year for 10 years
to the energy low-income and support program, which is intended
to fund customer assistance programs with the primary purpose
being avoidance of imminent disconnection. Such programs may
include:
(1) a residential hardship program that may partner
with community-based organizations, including senior
citizen organizations, and provides grants to low-income
residential customers, including low-income senior
citizens, who demonstrate a hardship;
(2) a program that provides grants and other bill
payment concessions to veterans with disabilities who
demonstrate a hardship and members of the armed services or
reserve forces of the United States or members of the

Illinois National Guard who are on active duty pursuant to
an executive order of the President of the United States,
an act of the Congress of the United States, or an order of
the Governor and who demonstrate a hardship;
(3) a budget assistance program that provides tools and
education to low-income senior citizens to assist them with
obtaining information regarding energy usage and effective
means of managing energy costs;
(4) a non-residential special hardship program that
provides grants to non-residential customers such as small
businesses and non-profit organizations that demonstrate a
hardship, including those providing services to senior
citizen and low-income customers; and
(5) a performance-based assistance program that
provides grants to encourage residential customers to make
on-time payments by matching a portion of the customer's
payments or providing credits towards arrearages.
The payments made by a participating utility pursuant to
this subsection (b-10) shall not be a recoverable expense. A
participating utility may elect to fund either new or existing
customer assistance programs, including, but not limited to,
those that are administered by the utility.
Programs that use funds that are provided by a
participating utility to reduce utility bills may be
implemented through tariffs that are filed with and reviewed by
the Commission. If a utility elects to file tariffs with the

Commission to implement all or a portion of the programs, those
tariffs shall, regardless of the date actually filed, be deemed
accepted and approved, and shall become effective on December
30, 2011 (the effective date of Public Act 97-646) this
amendatory Act of the 97th General Assembly. The participating
utilities whose customers benefit from the funds that are
disbursed as contemplated in this Section shall file annual
reports documenting the disbursement of those funds with the
Commission. The Commission has the authority to audit
disbursement of the funds to ensure they were disbursed
consistently with this Section.
If the Commission finds that a participating utility is no
longer eligible to update the performance-based formula rate
tariff pursuant to subsection (d) of this Section, or the
performance-based formula rate is otherwise terminated, then
the participating utility's voluntary commitments and
obligations under this subsection (b-10) shall immediately
terminate.
(c) A participating utility may elect to recover its
delivery services costs through a performance-based formula
rate approved by the Commission, which shall specify the cost
components that form the basis of the rate charged to customers
with sufficient specificity to operate in a standardized manner
and be updated annually with transparent information that
reflects the utility's actual costs to be recovered during the
applicable rate year, which is the period beginning with the

first billing day of January and extending through the last
billing day of the following December. In the event the utility
recovers a portion of its costs through automatic adjustment
clause tariffs on October 26, 2011 (the effective date of
Public Act 97-616) this amendatory Act of the 97th General
Assembly, the utility may elect to continue to recover these
costs through such tariffs, but then these costs shall not be
recovered through the performance-based formula rate. In the
event the participating utility, prior to December 30, 2011
(the effective date of Public Act 97-646) this amendatory Act
of the 97th General Assembly, filed electric delivery services
tariffs with the Commission pursuant to Section 9-201 of this
Act that are related to the recovery of its electric delivery
services costs that are still pending on December 30, 2011 (the
effective date of Public Act 97-646) this amendatory Act of the
97th General Assembly, the participating utility shall, at the
time it files its performance-based formula rate tariff with
the Commission, also file a notice of withdrawal with the
Commission to withdraw the electric delivery services tariffs
previously filed pursuant to Section 9-201 of this Act. Upon
receipt of such notice, the Commission shall dismiss with
prejudice any docket that had been initiated to investigate the
electric delivery services tariffs filed pursuant to Section
9-201 of this Act, and such tariffs and the record related
thereto shall not be the subject of any further hearing,
investigation, or proceeding of any kind related to rates for

electric delivery services.
The performance-based formula rate shall be implemented
through a tariff filed with the Commission consistent with the
provisions of this subsection (c) that shall be applicable to
all delivery services customers. The Commission shall initiate
and conduct an investigation of the tariff in a manner
consistent with the provisions of this subsection (c) and the
provisions of Article IX of this Act to the extent they do not
conflict with this subsection (c). Except in the case where the
Commission finds, after notice and hearing, that a
participating utility is not satisfying its investment amount
commitments under subsection (b) of this Section, the
performance-based formula rate shall remain in effect at the
discretion of the utility. The performance-based formula rate
approved by the Commission shall do the following:
(1) Provide for the recovery of the utility's actual
costs of delivery services that are prudently incurred and
reasonable in amount consistent with Commission practice
and law. The sole fact that a cost differs from that
incurred in a prior calendar year or that an investment is
different from that made in a prior calendar year shall not
imply the imprudence or unreasonableness of that cost or
investment.
(2) Reflect the utility's actual year-end capital
structure for the applicable calendar year, excluding
goodwill, subject to a determination of prudence and

reasonableness consistent with Commission practice and
law.
(3) Include a cost of equity, which shall be calculated
as the sum of the following:
(A) the average for the applicable calendar year of
the monthly average yields of 30-year U.S. Treasury
bonds published by the Board of Governors of the
Federal Reserve System in its weekly H.15 Statistical
Release or successor publication; and
(B) 580 basis points.
At such time as the Board of Governors of the Federal
Reserve System ceases to include the monthly average yields
of 30-year U.S. Treasury bonds in its weekly H.15
Statistical Release or successor publication, the monthly
average yields of the U.S. Treasury bonds then having the
longest duration published by the Board of Governors in its
weekly H.15 Statistical Release or successor publication
shall instead be used for purposes of this paragraph (3).
(4) Permit and set forth protocols, subject to a
determination of prudence and reasonableness consistent
with Commission practice and law, for the following:
(A) recovery of incentive compensation expense
that is based on the achievement of operational
metrics, including metrics related to budget controls,
outage duration and frequency, safety, customer
service, efficiency and productivity, and

environmental compliance. Incentive compensation
expense that is based on net income or an affiliate's
earnings per share shall not be recoverable under the
performance-based formula rate;
(B) recovery of pension and other post-employment
benefits expense, provided that such costs are
supported by an actuarial study;
(C) recovery of severance costs, provided that if
the amount is over $3,700,000 for a participating
utility that is a combination utility or $10,000,000
for a participating utility that serves more than 3
million retail customers, then the full amount shall be
amortized consistent with subparagraph (F) of this
paragraph (4);
(D) investment return at a rate equal to the
utility's weighted average cost of long-term debt, on
the pension assets as, and in the amount, reported in
Account 186 (or in such other Account or Accounts as
such asset may subsequently be recorded) of the
utility's most recently filed FERC Form 1, net of
deferred tax benefits;
(E) recovery of the expenses related to the
Commission proceeding under this subsection (c) to
approve this performance-based formula rate and
initial rates or to subsequent proceedings related to
the formula, provided that the recovery shall be

amortized over a 3-year period; recovery of expenses
related to the annual Commission proceedings under
subsection (d) of this Section to review the inputs to
the performance-based formula rate shall be expensed
and recovered through the performance-based formula
rate;
(F) amortization over a 5-year period of the full
amount of each charge or credit that exceeds $3,700,000
for a participating utility that is a combination
utility or $10,000,000 for a participating utility
that serves more than 3 million retail customers in the
applicable calendar year and that relates to a
workforce reduction program's severance costs, changes
in accounting rules, changes in law, compliance with
any Commission-initiated audit, or a single storm or
other similar expense, provided that any unamortized
balance shall be reflected in rate base. For purposes
of this subparagraph (F), changes in law includes any
enactment, repeal, or amendment in a law, ordinance,
rule, regulation, interpretation, permit, license,
consent, or order, including those relating to taxes,
accounting, or to environmental matters, or in the
interpretation or application thereof by any
governmental authority occurring after October 26,
2011 (the effective date of Public Act 97-616) this
amendatory Act of the 97th General Assembly;

(G) recovery of existing regulatory assets over
the periods previously authorized by the Commission;
(H) historical weather normalized billing
determinants; and
(I) allocation methods for common costs.
(5) Provide that if the participating utility's earned
rate of return on common equity related to the provision of
delivery services for the prior rate year (calculated using
costs and capital structure approved by the Commission as
provided in subparagraph (2) of this subsection (c),
consistent with this Section, in accordance with
Commission rules and orders, including, but not limited to,
adjustments for goodwill, and after any Commission-ordered
disallowances and taxes) is more than 50 basis points
higher than the rate of return on common equity calculated
pursuant to paragraph (3) of this subsection (c) (after
adjusting for any penalties to the rate of return on common
equity applied pursuant to the performance metrics
provision of subsection (f) of this Section), then the
participating utility shall apply a credit through the
performance-based formula rate that reflects an amount
equal to the value of that portion of the earned rate of
return on common equity that is more than 50 basis points
higher than the rate of return on common equity calculated
pursuant to paragraph (3) of this subsection (c) (after
adjusting for any penalties to the rate of return on common

equity applied pursuant to the performance metrics
provision of subsection (f) of this Section) for the prior
rate year, adjusted for taxes. If the participating
utility's earned rate of return on common equity related to
the provision of delivery services for the prior rate year
(calculated using costs and capital structure approved by
the Commission as provided in subparagraph (2) of this
subsection (c), consistent with this Section, in
accordance with Commission rules and orders, including,
but not limited to, adjustments for goodwill, and after any
Commission-ordered disallowances and taxes) is more than
50 basis points less than the return on common equity
calculated pursuant to paragraph (3) of this subsection (c)
(after adjusting for any penalties to the rate of return on
common equity applied pursuant to the performance metrics
provision of subsection (f) of this Section), then the
participating utility shall apply a charge through the
performance-based formula rate that reflects an amount
equal to the value of that portion of the earned rate of
return on common equity that is more than 50 basis points
less than the rate of return on common equity calculated
pursuant to paragraph (3) of this subsection (c) (after
adjusting for any penalties to the rate of return on common
equity applied pursuant to the performance metrics
provision of subsection (f) of this Section) for the prior
rate year, adjusted for taxes.

(6) Provide for an annual reconciliation, as described
in subsection (d) of this Section, with interest, of the
revenue requirement reflected in rates for each calendar
year, beginning with the calendar year in which the utility
files its performance-based formula rate tariff pursuant
to subsection (c) of this Section, with what the revenue
requirement would have been had the actual cost information
for the applicable calendar year been available at the
filing date.
The utility shall file, together with its tariff, final
data based on its most recently filed FERC Form 1, plus
projected plant additions and correspondingly updated
depreciation reserve and expense for the calendar year in which
the tariff and data are filed, that shall populate the
performance-based formula rate and set the initial delivery
services rates under the formula. For purposes of this Section,
"FERC Form 1" means the Annual Report of Major Electric
Utilities, Licensees and Others that electric utilities are
required to file with the Federal Energy Regulatory Commission
under the Federal Power Act, Sections 3, 4(a), 304 and 209,
modified as necessary to be consistent with 83 Ill. Admin. Code
Part 415 as of May 1, 2011. Nothing in this Section is intended
to allow costs that are not otherwise recoverable to be
recoverable by virtue of inclusion in FERC Form 1.
After the utility files its proposed performance-based
formula rate structure and protocols and initial rates, the

Commission shall initiate a docket to review the filing. The
Commission shall enter an order approving, or approving as
modified, the performance-based formula rate, including the
initial rates, as just and reasonable within 270 days after the
date on which the tariff was filed, or, if the tariff is filed
within 14 days after October 26, 2011 (the effective date of
Public Act 97-616) this amendatory Act of the 97th General
Assembly, then by May 31, 2012. Such review shall be based on
the same evidentiary standards, including, but not limited to,
those concerning the prudence and reasonableness of the costs
incurred by the utility, the Commission applies in a hearing to
review a filing for a general increase in rates under Article
IX of this Act. The initial rates shall take effect within 30
days after the Commission's order approving the
performance-based formula rate tariff.
Until such time as the Commission approves a different rate
design and cost allocation pursuant to subsection (e) of this
Section, rate design and cost allocation across customer
classes shall be consistent with the Commission's most recent
order regarding the participating utility's request for a
general increase in its delivery services rates.
Subsequent changes to the performance-based formula rate
structure or protocols shall be made as set forth in Section
9-201 of this Act, but nothing in this subsection (c) is
intended to limit the Commission's authority under Article IX
and other provisions of this Act to initiate an investigation

of a participating utility's performance-based formula rate
tariff, provided that any such changes shall be consistent with
paragraphs (1) through (6) of this subsection (c). Any change
ordered by the Commission shall be made at the same time new
rates take effect following the Commission's next order
pursuant to subsection (d) of this Section, provided that the
new rates take effect no less than 30 days after the date on
which the Commission issues an order adopting the change.
A participating utility that files a tariff pursuant to
this subsection (c) must submit a one-time $200,000 filing fee
at the time the Chief Clerk of the Commission accepts the
filing, which shall be a recoverable expense.
In the event the performance-based formula rate is
terminated, the then current rates shall remain in effect until
such time as new rates are set pursuant to Article IX of this
Act, subject to retroactive rate adjustment, with interest, to
reconcile rates charged with actual costs. At such time that
the performance-based formula rate is terminated, the
participating utility's voluntary commitments and obligations
under subsection (b) of this Section shall immediately
terminate, except for the utility's obligation to pay an amount
already owed to the fund for training grants pursuant to a
Commission order issued under subsection (b) of this Section.
(d) Subsequent to the Commission's issuance of an order
approving the utility's performance-based formula rate
structure and protocols, and initial rates under subsection (c)

of this Section, the utility shall file, on or before May 1 of
each year, with the Chief Clerk of the Commission its updated
cost inputs to the performance-based formula rate for the
applicable rate year and the corresponding new charges. Each
such filing shall conform to the following requirements and
include the following information:
(1) The inputs to the performance-based formula rate
for the applicable rate year shall be based on final
historical data reflected in the utility's most recently
filed annual FERC Form 1 plus projected plant additions and
correspondingly updated depreciation reserve and expense
for the calendar year in which the inputs are filed. The
filing shall also include a reconciliation of the revenue
requirement that was in effect for the prior rate year (as
set by the cost inputs for the prior rate year) with the
actual revenue requirement for the prior rate year
(determined using a year-end rate base) that uses amounts
reflected in the applicable FERC Form 1 that reports the
actual costs for the prior rate year. Any over-collection
or under-collection indicated by such reconciliation shall
be reflected as a credit against, or recovered as an
additional charge to, respectively, with interest
calculated at a rate equal to the utility's weighted
average cost of capital approved by the Commission for the
prior rate year, the charges for the applicable rate year.
Provided, however, that the first such reconciliation

shall be for the calendar year in which the utility files
its performance-based formula rate tariff pursuant to
subsection (c) of this Section and shall reconcile (i) the
revenue requirement or requirements established by the
rate order or orders in effect from time to time during
such calendar year (weighted, as applicable) with (ii) the
revenue requirement determined using a year-end rate base
for that calendar year calculated pursuant to the
performance-based formula rate using (A) actual costs for
that year as reflected in the applicable FERC Form 1, and
(B) for the first such reconciliation only, the cost of
equity, which shall be calculated as the sum of 590 basis
points plus the average for the applicable calendar year of
the monthly average yields of 30-year U.S. Treasury bonds
published by the Board of Governors of the Federal Reserve
System in its weekly H.15 Statistical Release or successor
publication. The first such reconciliation is not intended
to provide for the recovery of costs previously excluded
from rates based on a prior Commission order finding of
imprudence or unreasonableness. Each reconciliation shall
be certified by the participating utility in the same
manner that FERC Form 1 is certified. The filing shall also
include the charge or credit, if any, resulting from the
calculation required by paragraph (6) of subsection (c) of
this Section.
Notwithstanding anything that may be to the contrary,

the intent of the reconciliation is to ultimately reconcile
the revenue requirement reflected in rates for each
calendar year, beginning with the calendar year in which
the utility files its performance-based formula rate
tariff pursuant to subsection (c) of this Section, with
what the revenue requirement determined using a year-end
rate base for the applicable calendar year would have been
had the actual cost information for the applicable calendar
year been available at the filing date.
(2) The new charges shall take effect beginning on the
first billing day of the following January billing period
and remain in effect through the last billing day of the
next December billing period regardless of whether the
Commission enters upon a hearing pursuant to this
subsection (d).
(3) The filing shall include relevant and necessary
data and documentation for the applicable rate year that is
consistent with the Commission's rules applicable to a
filing for a general increase in rates or any rules adopted
by the Commission to implement this Section. Normalization
adjustments shall not be required. Notwithstanding any
other provision of this Section or Act or any rule or other
requirement adopted by the Commission, a participating
utility that is a combination utility with more than one
rate zone shall not be required to file a separate set of
such data and documentation for each rate zone and may

combine such data and documentation into a single set of
schedules.
Within 45 days after the utility files its annual update of
cost inputs to the performance-based formula rate, the
Commission shall have the authority, either upon complaint or
its own initiative, but with reasonable notice, to enter upon a
hearing concerning the prudence and reasonableness of the costs
incurred by the utility to be recovered during the applicable
rate year that are reflected in the inputs to the
performance-based formula rate derived from the utility's FERC
Form 1. During the course of the hearing, each objection shall
be stated with particularity and evidence provided in support
thereof, after which the utility shall have the opportunity to
rebut the evidence. Discovery shall be allowed consistent with
the Commission's Rules of Practice, which Rules shall be
enforced by the Commission or the assigned hearing examiner.
The Commission shall apply the same evidentiary standards,
including, but not limited to, those concerning the prudence
and reasonableness of the costs incurred by the utility, in the
hearing as it would apply in a hearing to review a filing for a
general increase in rates under Article IX of this Act. The
Commission shall not, however, have the authority in a
proceeding under this subsection (d) to consider or order any
changes to the structure or protocols of the performance-based
formula rate approved pursuant to subsection (c) of this
Section. In a proceeding under this subsection (d), the

Commission shall enter its order no later than the earlier of
240 days after the utility's filing of its annual update of
cost inputs to the performance-based formula rate or December
31. The Commission's determinations of the prudence and
reasonableness of the costs incurred for the applicable
calendar year shall be final upon entry of the Commission's
order and shall not be subject to reopening, reexamination, or
collateral attack in any other Commission proceeding, case,
docket, order, rule or regulation, provided, however, that
nothing in this subsection (d) shall prohibit a party from
petitioning the Commission to rehear or appeal to the courts
the order pursuant to the provisions of this Act.
In the event the Commission does not, either upon complaint
or its own initiative, enter upon a hearing within 45 days
after the utility files the annual update of cost inputs to its
performance-based formula rate, then the costs incurred for the
applicable calendar year shall be deemed prudent and
reasonable, and the filed charges shall not be subject to
reopening, reexamination, or collateral attack in any other
proceeding, case, docket, order, rule, or regulation.
A participating utility's first filing of the updated cost
inputs, and any Commission investigation of such inputs
pursuant to this subsection (d) shall proceed notwithstanding
the fact that the Commission's investigation under subsection
(c) of this Section is still pending and notwithstanding any
other law, order, rule, or Commission practice to the contrary.

(e) Nothing in subsections (c) or (d) of this Section shall
prohibit the Commission from investigating, or a participating
utility from filing, revenue-neutral tariff changes related to
rate design of a performance-based formula rate that has been
placed into effect for the utility. Following approval of a
participating utility's performance-based formula rate tariff
pursuant to subsection (c) of this Section, the utility shall
make a filing with the Commission within one year after the
effective date of the performance-based formula rate tariff
that proposes changes to the tariff to incorporate the findings
of any final rate design orders of the Commission applicable to
the participating utility and entered subsequent to the
Commission's approval of the tariff. The Commission shall,
after notice and hearing, enter its order approving, or
approving with modification, the proposed changes to the
performance-based formula rate tariff within 240 days after the
utility's filing. Following such approval, the utility shall
make a filing with the Commission during each subsequent 3-year
period that either proposes revenue-neutral tariff changes or
re-files the existing tariffs without change, which shall
present the Commission with an opportunity to suspend the
tariffs and consider revenue-neutral tariff changes related to
rate design.
(f) Within 30 days after the filing of a tariff pursuant to
subsection (c) of this Section, each participating utility
shall develop and file with the Commission multi-year metrics

designed to achieve, ratably (i.e., in equal segments) over a
10-year period, improvement over baseline performance values
as follows:
(1) Twenty percent improvement in the System Average
Interruption Frequency Index, using a baseline of the
average of the data from 2001 through 2010.
(2) Fifteen percent improvement in the system Customer
Average Interruption Duration Index, using a baseline of
the average of the data from 2001 through 2010.
(3) For a participating utility other than a
combination utility, 20% improvement in the System Average
Interruption Frequency Index for its Southern Region,
using a baseline of the average of the data from 2001
through 2010. For purposes of this paragraph (3), Southern
Region shall have the meaning set forth in the
participating utility's most recent report filed pursuant
to Section 16-125 of this Act.
(3.5) For a participating utility other than a
combination utility, 20% improvement in the System Average
Interruption Frequency Index for its Northeastern Region,
using a baseline of the average of the data from 2001
through 2010. For purposes of this paragraph (3.5),
Northeastern Region shall have the meaning set forth in the
participating utility's most recent report filed pursuant
to Section 16-125 of this Act.
(4) Seventy-five percent improvement in the total

number of customers who exceed the service reliability
targets as set forth in subparagraphs (A) through (C) of
paragraph (4) of subsection (b) of 83 Ill. Admin. Code Part
411.140 as of May 1, 2011, using 2010 as the baseline year.
(5) Reduction in issuance of estimated electric bills:
90% improvement for a participating utility other than a
combination utility, and 56% improvement for a
participating utility that is a combination utility, using
a baseline of the average number of estimated bills for the
years 2008 through 2010.
(6) Consumption on inactive meters: 90% improvement
for a participating utility other than a combination
utility, and 56% improvement for a participating utility
that is a combination utility, using a baseline of the
average unbilled kilowatthours for the years 2009 and 2010.
(7) Unaccounted for energy: 50% improvement for a
participating utility other than a combination utility
using a baseline of the non-technical line loss unaccounted
for energy kilowatthours for the year 2009.
(8) Uncollectible expense: reduce uncollectible
expense by at least $30,000,000 for a participating utility
other than a combination utility and by at least $3,500,000
for a participating utility that is a combination utility,
using a baseline of the average uncollectible expense for
the years 2008 through 2010.
(9) Opportunities for minority-owned and female-owned

business enterprises: design a performance metric
regarding the creation of opportunities for minority-owned
and female-owned business enterprises consistent with
State and federal law using a base performance value of the
percentage of the participating utility's capital
expenditures that were paid to minority-owned and
female-owned business enterprises in 2010.
The definitions set forth in 83 Ill. Admin. Code Part
411.20 as of May 1, 2011 shall be used for purposes of
calculating performance under paragraphs (1) through (3.5) of
this subsection (f), provided, however, that the participating
utility may exclude up to 9 extreme weather event days from
such calculation for each year, and provided further that the
participating utility shall exclude 9 extreme weather event
days when calculating each year of the baseline period to the
extent that there are 9 such days in a given year of the
baseline period. For purposes of this Section, an extreme
weather event day is a 24-hour calendar day (beginning at 12:00
a.m. and ending at 11:59 p.m.) during which any weather event
(e.g., storm, tornado) caused interruptions for 10,000 or more
of the participating utility's customers for 3 hours or more.
If there are more than 9 extreme weather event days in a year,
then the utility may choose no more than 9 extreme weather
event days to exclude, provided that the same extreme weather
event days are excluded from each of the calculations performed
under paragraphs (1) through (3.5) of this subsection (f).

The metrics shall include incremental performance goals
for each year of the 10-year period, which shall be designed to
demonstrate that the utility is on track to achieve the
performance goal in each category at the end of the 10-year
period. The utility shall elect when the 10-year period shall
commence for the metrics set forth in subparagraphs (1) through
(4) and (9) of this subsection (f), provided that it begins no
later than 14 months following the date on which the utility
begins investing pursuant to subsection (b) of this Section,
and when the 10-year period shall commence for the metrics set
forth in subparagraphs (5) through (8) of this subsection (f),
provided that it begins no later than 14 months following the
date on which the Commission enters its order approving the
utility's Advanced Metering Infrastructure Deployment Plan
pursuant to subsection (c) of Section 16-108.6 of this Act.
The metrics and performance goals set forth in
subparagraphs (5) through (8) of this subsection (f) are based
on the assumptions that the participating utility may fully
implement the technology described in subsection (b) of this
Section, including utilizing the full functionality of such
technology and that there is no requirement for personal
on-site notification. If the utility is unable to meet the
metrics and performance goals set forth in subparagraphs (5)
through (8) of this subsection (f) for such reasons, and the
Commission so finds after notice and hearing, then the utility
shall be excused from compliance, but only to the limited

extent achievement of the affected metrics and performance
goals was hindered by the less than full implementation.
(f-5) The financial penalties applicable to the metrics
described in subparagraphs (1) through (8) of subsection (f) of
this Section, as applicable, shall be applied through an
adjustment to the participating utility's return on equity of
no more than a total of 30 basis points in each of the first 3
years, of no more than a total of 34 basis points in each of the
3 years thereafter, and of no more than a total of 38 basis
points in each of the 4 years thereafter, as follows:
(1) With respect to each of the incremental annual
performance goals established pursuant to paragraph (1) of
subsection (f) of this Section,
(A) for each year that a participating utility
other than a combination utility does not achieve the
annual goal, the participating utility's return on
equity shall be reduced as follows: during years 1
through 3, by 5 basis points; during years 4 through 6,
by 6 basis points; and during years 7 through 10, by 7
basis points; and
(B) for each year that a participating utility that
is a combination utility does not achieve the annual
goal, the participating utility's return on equity
shall be reduced as follows: during years 1 through 3,
by 10 basis points; during years 4 through 6, by 12
basis points; and during years 7 through 10, by 14

basis points.
(2) With respect to each of the incremental annual
performance goals established pursuant to paragraph (2) of
subsection (f) of this Section, for each year that the
participating utility does not achieve each such goal, the
participating utility's return on equity shall be reduced
as follows: during years 1 through 3, by 5 basis points;
during years 4 through 6, by 6 basis points; and during
years 7 through 10, by 7 basis points.
(3) With respect to each of the incremental annual
performance goals established pursuant to paragraphs (3)
and (3.5) of subsection (f) of this Section, for each year
that a participating utility other than a combination
utility does not achieve both such goals, the participating
utility's return on equity shall be reduced as follows:
during years 1 through 3, by 5 basis points; during years 4
through 6, by 6 basis points; and during years 7 through
10, by 7 basis points.
(4) With respect to each of the incremental annual
performance goals established pursuant to paragraph (4) of
subsection (f) of this Section, for each year that the
participating utility does not achieve each such goal, the
participating utility's return on equity shall be reduced
as follows: during years 1 through 3, by 5 basis points;
during years 4 through 6, by 6 basis points; and during
years 7 through 10, by 7 basis points.

(5) With respect to each of the incremental annual
performance goals established pursuant to subparagraph (5)
of subsection (f) of this Section, for each year that the
participating utility does not achieve at least 95% of each
such goal, the participating utility's return on equity
shall be reduced by 5 basis points for each such unachieved
goal.
(6) With respect to each of the incremental annual
performance goals established pursuant to paragraphs (6),
(7), and (8) of subsection (f) of this Section, as
applicable, which together measure non-operational
customer savings and benefits relating to the
implementation of the Advanced Metering Infrastructure
Deployment Plan, as defined in Section 16-108.6 of this
Act, the performance under each such goal shall be
calculated in terms of the percentage of the goal achieved.
The percentage of goal achieved for each of the goals shall
be aggregated, and an average percentage value calculated,
for each year of the 10-year period. If the utility does
not achieve an average percentage value in a given year of
at least 95%, the participating utility's return on equity
shall be reduced by 5 basis points.
The financial penalties shall be applied as described in
this subsection (f-5) for the 12-month period in which the
deficiency occurred through a separate tariff mechanism, which
shall be filed by the utility together with its metrics. In the

event the formula rate tariff established pursuant to
subsection (c) of this Section terminates, the utility's
obligations under subsection (f) of this Section and this
subsection (f-5) shall also terminate, provided, however, that
the tariff mechanism established pursuant to subsection (f) of
this Section and this subsection (f-5) shall remain in effect
until any penalties due and owing at the time of such
termination are applied.
The Commission shall, after notice and hearing, enter an
order within 120 days after the metrics are filed approving, or
approving with modification, a participating utility's tariff
or mechanism to satisfy the metrics set forth in subsection (f)
of this Section. On June 1 of each subsequent year, each
participating utility shall file a report with the Commission
that includes, among other things, a description of how the
participating utility performed under each metric and an
identification of any extraordinary events that adversely
impacted the utility's performance. Whenever a participating
utility does not satisfy the metrics required pursuant to
subsection (f) of this Section, the Commission shall, after
notice and hearing, enter an order approving financial
penalties in accordance with this subsection (f-5). The
Commission-approved financial penalties shall be applied
beginning with the next rate year. Nothing in this Section
shall authorize the Commission to reduce or otherwise obviate
the imposition of financial penalties for failing to achieve

one or more of the metrics established pursuant to subparagraph
(1) through (4) of subsection (f) of this Section.
(g) On or before July 31, 2014, each participating utility
shall file a report with the Commission that sets forth the
average annual increase in the average amount paid per
kilowatthour for residential eligible retail customers,
exclusive of the effects of energy efficiency programs,
comparing the 12-month period ending May 31, 2012; the 12-month
period ending May 31, 2013; and the 12-month period ending May
31, 2014. For a participating utility that is a combination
utility with more than one rate zone, the weighted average
aggregate increase shall be provided. The report shall be filed
together with a statement from an independent auditor attesting
to the accuracy of the report. The cost of the independent
auditor shall be borne by the participating utility and shall
not be a recoverable expense. "The average amount paid per
kilowatthour" shall be based on the participating utility's
tariffed rates actually in effect and shall not be calculated
using any hypothetical rate or adjustments to actual charges
(other than as specified for energy efficiency) as an input.
In the event that the average annual increase exceeds 2.5%
as calculated pursuant to this subsection (g), then Sections
16-108.5, 16-108.6, 16-108.7, and 16-108.8 of this Act, other
than this subsection, shall be inoperative as they relate to
the utility and its service area as of the date of the report
due to be submitted pursuant to this subsection and the utility

shall no longer be eligible to annually update the
performance-based formula rate tariff pursuant to subsection
(d) of this Section. In such event, the then current rates
shall remain in effect until such time as new rates are set
pursuant to Article IX of this Act, subject to retroactive
adjustment, with interest, to reconcile rates charged with
actual costs, and the participating utility's voluntary
commitments and obligations under subsection (b) of this
Section shall immediately terminate, except for the utility's
obligation to pay an amount already owed to the fund for
training grants pursuant to a Commission order issued under
subsection (b) of this Section.
In the event that the average annual increase is 2.5% or
less as calculated pursuant to this subsection (g), then the
performance-based formula rate shall remain in effect as set
forth in this Section.
For purposes of this Section, the amount per kilowatthour
means the total amount paid for electric service expressed on a
per kilowatthour basis, and the total amount paid for electric
service includes without limitation amounts paid for supply,
transmission, distribution, surcharges, and add-on taxes
exclusive of any increases in taxes or new taxes imposed after
October 26, 2011 (the effective date of Public Act 97-616) this
amendatory Act of the 97th General Assembly. For purposes of
this Section, "eligible retail customers" shall have the
meaning set forth in Section 16-111.5 of this Act.

The fact that this Section becomes inoperative as set forth
in this subsection shall not be construed to mean that the
Commission may reexamine or otherwise reopen prudence or
reasonableness determinations already made.
(h) Sections 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of
this Act, other than this subsection, are inoperative after
December 31, 2019 for every participating utility, after which
time a participating utility shall no longer be eligible to
annually update the performance-based formula rate tariff
pursuant to subsection (d) of this Section. At such time, the
then current rates shall remain in effect until such time as
new rates are set pursuant to Article IX of this Act, subject
to retroactive adjustment, with interest, to reconcile rates
charged with actual costs.
By December 31, 2017, the Commission shall prepare and file
with the General Assembly a report on the infrastructure
program and the performance-based formula rate. The report
shall include the change in the average amount per kilowatthour
paid by residential customers between June 1, 2011 and May 31,
2017. If the change in the total average rate paid exceeds 2.5%
compounded annually, the Commission shall include in the report
an analysis that shows the portion of the change due to the
delivery services component and the portion of the change due
to the supply component of the rate. The report shall include
separate sections for each participating utility.
In the event Sections 16-108.5, 16-108.6, 16-108.7, and

16-108.8 of this Act do not become inoperative after December
31, 2019, then these Sections are inoperative after December
31, 2022 for every participating utility, after which time a
participating utility shall no longer be eligible to annually
update the performance-based formula rate tariff pursuant to
subsection (d) of this Section. At such time, the then current
rates shall remain in effect until such time as new rates are
set pursuant to Article IX of this Act, subject to retroactive
adjustment, with interest, to reconcile rates charged with
actual costs.
The fact that this Section becomes inoperative as set forth
in this subsection shall not be construed to mean that the
Commission may reexamine or otherwise reopen prudence or
reasonableness determinations already made.
(i) While a participating utility may use, develop, and
maintain broadband systems and the delivery of broadband
services, voice-over-internet-protocol services,
telecommunications services, and cable and video programming
services for use in providing delivery services and Smart Grid
functionality or application to its retail customers,
including, but not limited to, the installation,
implementation and maintenance of Smart Grid electric system
upgrades as defined in Section 16-108.6 of this Act, a
participating utility is prohibited from offering to its retail
customers broadband services or the delivery of broadband
services, voice-over-internet-protocol services,

telecommunications services, or cable or video programming
services, unless they are part of a service directly related to
delivery services or Smart Grid functionality or applications
as defined in Section 16-108.6 of this Act, and from recovering
the costs of such offerings from retail customers.
(j) Nothing in this Section is intended to legislatively
overturn the opinion issued in Commonwealth Edison Co. v. Ill.
Commerce Comm'n, Nos. 2-08-0959, 2-08-1037, 2-08-1137,
1-08-3008, 1-08-3030, 1-08-3054, 1-08-3313 cons. (Ill. App.
Ct. 2d Dist. Sept. 30, 2010). Public Act 97-616 This amendatory
Act of the 97th General Assembly shall not be construed as
creating a contract between the General Assembly and the
participating utility, and shall not establish a property right
in the participating utility.
(k) The changes made in subsections (c) and (d) of this
Section by Public Act 98-15 this amendatory Act of the 98th
General Assembly are intended to be a restatement and
clarification of existing law, and intended to give binding
effect to the provisions of House Resolution 1157 adopted by
the House of Representatives of the 97th General Assembly and
Senate Resolution 821 adopted by the Senate of the 97th General
Assembly that are reflected in paragraph (3) of this
subsection. In addition, Public Act 98-15 this amendatory Act
of the 98th General Assembly preempts and supersedes any final
Commission orders entered in Docket Nos. 11-0721, 12-0001,
12-0293, and 12-0321 to the extent inconsistent with the

amendatory language added to subsections (c) and (d).
(1) No earlier than 5 business days after May 22, 2013
(the effective date of Public Act 98-15) this amendatory
Act of the 98th General Assembly, each participating
utility shall file any tariff changes necessary to
implement the amendatory language set forth in subsections
(c) and (d) of this Section by Public Act 98-15 this
amendatory Act of the 98th General Assembly and a revised
revenue requirement under the participating utility's
performance-based formula rate. The Commission shall enter
a final order approving such tariff changes and revised
revenue requirement within 21 days after the participating
utility's filing.
(2) Notwithstanding anything that may be to the
contrary, a participating utility may file a tariff to
retroactively recover its previously unrecovered actual
costs of delivery service that are no longer subject to
recovery through a reconciliation adjustment under
subsection (d) of this Section. This retroactive recovery
shall include any derivative adjustments resulting from
the changes to subsections (c) and (d) of this Section by
Public Act 98-15 this amendatory Act of the 98th General
Assembly. Such tariff shall allow the utility to assess, on
current customer bills over a period of 12 monthly billing
periods, a charge or credit related to those unrecovered
costs with interest at the utility's weighted average cost

of capital during the period in which those costs were
unrecovered. A participating utility may file a tariff that
implements a retroactive charge or credit as described in
this paragraph for amounts not otherwise included in the
tariff filing provided for in paragraph (1) of this
subsection (k). The Commission shall enter a final order
approving such tariff within 21 days after the
participating utility's filing.
(3) The tariff changes described in paragraphs (1) and
(2) of this subsection (k) shall relate only to, and be
consistent with, the following provisions of Public Act
98-15 this amendatory Act of the 98th General Assembly:
paragraph (2) of subsection (c) regarding year-end capital
structure, subparagraph (D) of paragraph (4) of subsection
(c) regarding pension assets, and subsection (d) regarding
the reconciliation components related to year-end rate
base and interest calculated at a rate equal to the
utility's weighted average cost of capital.
(4) Nothing in this subsection is intended to effect a
dismissal of or otherwise affect an appeal from any final
Commission orders entered in Docket Nos. 11-0721, 12-0001,
12-0293, and 12-0321 other than to the extent of the
amendatory language contained in subsections (c) and (d) of
this Section of Public Act 98-15 this amendatory Act of the
98th General Assembly.
(l) Each participating utility shall be deemed to have been

in full compliance with all requirements of subsection (b) of
this Section, subsection (c) of this Section, Section 16-108.6
of this Act, and all Commission orders entered pursuant to
Sections 16-108.5 and 16-108.6 of this Act, up to and including
May 22, 2013 (the effective date of Public Act 98-15) this
amendatory Act of the 98th General Assembly. The Commission
shall not undertake any investigation of such compliance and no
penalty shall be assessed or adverse action taken against a
participating utility for noncompliance with Commission orders
associated with subsection (b) of this Section, subsection (c)
of this Section, and Section 16-108.6 of this Act prior to such
date. Each participating utility other than a combination
utility shall be permitted, without penalty, a period of 12
months after such effective date to take actions required to
ensure its infrastructure investment program is in compliance
with subsection (b) of this Section and with Section 16-108.6
of this Act. Provided further: (1) if this amendatory Act of
the 98th General Assembly takes effect on or before June 15,
2013, the following subparagraphs shall apply to a
participating utility other than a combination utility:
(A) if the Commission has initiated a proceeding
pursuant to subsection (e) of Section 16-108.6 of this Act
that is pending as of May 22, 2013 (the effective date of
Public Act 98-15) this amendatory Act of the 98th General
Assembly, then the order entered in such proceeding shall,
after notice and hearing, accelerate the commencement of

the meter deployment schedule approved in the final
Commission order on rehearing entered in Docket No.
12-0298;
(B) if the Commission has entered an order pursuant to
subsection (e) of Section 16-108.6 of this Act prior to May
22, 2013 (the effective date of Public Act 98-15) this
amendatory Act of the 98th General Assembly that does not
accelerate the commencement of the meter deployment
schedule approved in the final Commission order on
rehearing entered in Docket No. 12-0298, then the utility
shall file with the Commission, within 45 days after such
effective date, a plan for accelerating the commencement of
the utility's meter deployment schedule approved in the
final Commission order on rehearing entered in Docket No.
12-0298; the Commission shall reopen the proceeding in
which it entered its order pursuant to subsection (e) of
Section 16-108.6 of this Act and shall, after notice and
hearing, enter an amendatory order that approves or
approves as modified such accelerated plan within 90 days
after the utility's filing; or
(C) if the Commission has not initiated a proceeding
pursuant to subsection (e) of Section 16-108.6 of this Act
prior to May 22, 2013 (the effective date of Public Act
98-15) this amendatory Act of the 98th General Assembly,
then the utility shall file with the Commission, within 45
days after such effective date, a plan for accelerating the

commencement of the utility's meter deployment schedule
approved in the final Commission order on rehearing entered
in Docket No. 12-0298 and the Commission shall, after
notice and hearing, approve or approve as modified such
plan within 90 days after the utility's filing; .
(2) if this amendatory Act of the 98th General Assembly
takes effect after June 15, 2013, then each participating
utility other than a combination utility shall file with
the Commission, within 45 days after such effective date, a
plan for accelerating the commencement of the utility's
meter deployment schedule approved in the final Commission
order on rehearing entered in Docket No. 12-0298; the
Commission shall reopen the most recent proceeding in which
it entered an order pursuant to subsection (e) of Section
16-108.6 of this Act and within 90 days after the utility's
filing shall, after notice and hearing, enter an amendatory
order that approves or approves as modified such
accelerated plan, provided that if there was no such prior
proceeding the Commission shall open a new proceeding and
within 90 days after the utility's filing shall, after
notice and hearing, enter an order that approves or
approves as modified such accelerated plan.
Any schedule for meter deployment approved by the
Commission pursuant to subparagraphs (1) or (2) of this
subsection (l) shall take into consideration procurement times
for meters and other equipment and operational issues. Nothing

in Public Act 98-15 this amendatory Act of the 98th General
Assembly shall shorten or extend the end dates for the 5-year
or 10-year periods set forth in subsection (b) of this Section
or Section 16-108.6 of this Act. Nothing in this subsection is
intended to address whether a participating utility has, or has
not, satisfied any or all of the metrics and performance goals
established pursuant to subsection (f) of this Section.
(m) The provisions of Public Act 98-15 this amendatory Act
of the 98th General Assembly are severable under Section 1.31
of the Statute on Statutes.
(Source: P.A. 98-15, eff. 5-22-13; 98-1175, eff. 6-1-15;
99-143, eff. 7-27-15; revised 10-21-15.)
Section 320. The Illinois Athletic Trainers Practice Act is
amended by changing Section 18 as follows:
(225 ILCS 5/18) (from Ch. 111, par. 7618)
(Section scheduled to be repealed on January 1, 2026)
Sec. 18. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or persons holding or claiming to hold a license.
The Department shall, before refusing to issue or to renew a
license or disciplining a registrant, at least 30 days prior to
the date set for the hearing, notify in writing the applicant
or licensee of the nature of the charges and the time and place
that a hearing will be held on the charges. The Department

shall direct the applicant or licensee to file a written answer
under oath within 20 days after the service of the notice. In
case the person fails to file an answer after receiving notice,
his or her license or certificate may, in the discretion of the
Department, be suspended, revoked, or placed on probationary
status, or the Department may take whatever disciplinary action
deemed proper, including limiting the scope, nature, or extent
of the person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act. At the time and place
fixed in the notice, the Department shall proceed to hear the
charges, and the parties or their counsel shall be accorded
ample opportunity to present such statements, testimony,
evidence, and argument as may be pertinent to the charges or to
their defense. The Department may continue a hearing from time
to time. The written notice and any notice in the subsequent
proceeding may be served by registered or certified mail to the
licensee's address of record.
(Source: P.A. 99-469, eff. 8-26-15; revised 10-9-15.)
Section 325. The Child Care Act of 1969 is amended by
changing Section 2.06 as follows:
(225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
Sec. 2.06. "Child care institution" means a child care
facility where more than 7 children are received and maintained

for the purpose of providing them with care or training or
both. The term "child care institution" includes residential
schools, primarily serving ambulatory children with
disabilities, and those operating a full calendar year, but
does not include:
(a) any Any State-operated institution for child care
established by legislative action;
(b) any Any juvenile detention or shelter care home
established and operated by any county or child protection
district established under the "Child Protection Act";
(c) any Any institution, home, place or facility
operating under a license pursuant to the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of
2013, the ID/DD Community Care Act, or the MC/DD Act;
(d) any Any bona fide boarding school in which children
are primarily taught branches of education corresponding
to those taught in public schools, grades one through 12,
or taught in public elementary schools, high schools, or
both elementary and high schools, and which operates on a
regular academic school year basis; or
(e) any Any facility licensed as a "group home" as
defined in this Act.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
99-180, eff. 7-29-15; revised 10-9-15.)
Section 330. The Environmental Health Practitioner

Licensing Act is amended by changing Section 130 as follows:
(225 ILCS 37/130)
(Section scheduled to be repealed on January 1, 2019)
Sec. 130. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is expressly adopted and
incorporated in this Act as if all of the provisions of that
Act were included in this Act, except that the provision of
paragraph (c) of Section 10-65 16 of the Illinois
Administrative Procedure Act, which provides that at hearings
the certificate holder has the right to show compliance with
all lawful requirements for retention, or continuation, or
renewal of the certificate, is specifically excluded. For the
purpose of this Act, the notice required under Section 10-25 10
of the Illinois Administrative Procedure Act is deemed
sufficient when mailed to the last known address of a party.
(Source: P.A. 89-61, eff. 6-30-95; revised 10-9-15.)
Section 335. The Patients' Right to Know Act is amended by
changing Section 5 as follows:
(225 ILCS 61/5)
Sec. 5. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
"Department" means the Department of Financial and

Professional Regulation.
"Disciplinary Board" means the Medical Disciplinary Board.
"Physician" means a person licensed under the Medical
Practice Act of 1987 to practice medicine in all of its
branches or a chiropractic physician licensed to treat human
ailments without the use of drugs and without operative
surgery.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
(Source: P.A. 97-280, eff. 8-9-11; revised 10-21-15.)
Section 340. The Nurse Practice Act is amended by changing
Section 50-10 as follows:
(225 ILCS 65/50-10) (was 225 ILCS 65/5-10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-10. Definitions. Each of the following terms, when
used in this Act, shall have the meaning ascribed to it in this
Section, except where the context clearly indicates otherwise:
"Academic year" means the customary annual schedule of
courses at a college, university, or approved school,
customarily regarded as the school year as distinguished from
the calendar year.
"Advanced practice nurse" or "APN" means a person who has
met the qualifications for a (i) certified nurse midwife (CNM);
(ii) certified nurse practitioner (CNP); (iii) certified

registered nurse anesthetist (CRNA); or (iv) clinical nurse
specialist (CNS) and has been licensed by the Department. All
advanced practice nurses licensed and practicing in the State
of Illinois shall use the title APN and may use specialty
credentials CNM, CNP, CRNA, or CNS after their name. All
advanced practice nurses may only practice in accordance with
national certification and this Act.
"Approved program of professional nursing education" and
"approved program of practical nursing education" are programs
of professional or practical nursing, respectively, approved
by the Department under the provisions of this Act.
"Board" means the Board of Nursing appointed by the
Secretary.
"Collaboration" means a process involving 2 or more health
care professionals working together, each contributing one's
respective area of expertise to provide more comprehensive
patient care.
"Consultation" means the process whereby an advanced
practice nurse seeks the advice or opinion of another health
care professional.
"Credentialed" means the process of assessing and
validating the qualifications of a health care professional.
"Current nursing practice update course" means a planned
nursing education curriculum approved by the Department
consisting of activities that have educational objectives,
instructional methods, content or subject matter, clinical

practice, and evaluation methods, related to basic review and
updating content and specifically planned for those nurses
previously licensed in the United States or its territories and
preparing for reentry into nursing practice.
"Dentist" means a person licensed to practice dentistry
under the Illinois Dental Practice Act.
"Department" means the Department of Financial and
Professional Regulation.
"Hospital affiliate" means a corporation, partnership,
joint venture, limited liability company, or similar
organization, other than a hospital, that is devoted primarily
to the provision, management, or support of health care
services and that directly or indirectly controls, is
controlled by, or is under common control of the hospital. For
the purposes of this definition, "control" means having at
least an equal or a majority ownership or membership interest.
A hospital affiliate shall be 100% owned or controlled by any
combination of hospitals, their parent corporations, or
physicians licensed to practice medicine in all its branches in
Illinois. "Hospital affiliate" does not include a health
maintenance organization regulated under the Health
Maintenance Organization Act.
"Impaired nurse" means a nurse licensed under this Act 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 loss of motor skills, abuse of drugs or alcohol, or a
psychiatric disorder, of sufficient degree to diminish his or
her ability to deliver competent patient care.
"License-pending advanced practice nurse" means a
registered professional nurse who has completed all
requirements for licensure as an advanced practice nurse except
the certification examination and has applied to take the next
available certification exam and received a temporary license
from the Department.
"License-pending registered nurse" means a person who has
passed the Department-approved registered nurse licensure exam
and has applied for a license from the Department. A
license-pending registered nurse shall use the title "RN lic
pend" on all documentation related to nursing practice.
"Physician" means a person licensed to practice medicine in
all its branches under the Medical Practice Act of 1987.
"Podiatric physician" means a person licensed to practice
podiatry under the Podiatric Medical Practice Act of 1987.
"Practical nurse" or "licensed practical nurse" means a
person who is licensed as a practical nurse under this Act and
practices practical nursing as defined in this Act. Only a
practical nurse licensed under this Act is entitled to use the
title "licensed practical nurse" and the abbreviation
"L.P.N.".
"Practical nursing" means the performance of nursing acts
requiring the basic nursing knowledge, judgment, and skill

acquired by means of completion of an approved practical
nursing education program. Practical nursing includes
assisting in the nursing process as delegated by a registered
professional nurse or an advanced practice nurse. The practical
nurse may work under the direction of a licensed physician,
dentist, podiatric physician, or other health care
professional determined by the Department.
"Privileged" means the authorization granted by the
governing body of a healthcare facility, agency, or
organization to provide specific patient care services within
well-defined limits, based on qualifications reviewed in the
credentialing process.
"Registered Nurse" or "Registered Professional Nurse"
means a person who is licensed as a professional nurse under
this Act and practices nursing as defined in this Act. Only a
registered nurse licensed under this Act is entitled to use the
titles "registered nurse" and "registered professional nurse"
and the abbreviation, "R.N.".
"Registered professional nursing practice" is a scientific
process founded on a professional body of knowledge; it is a
learned profession based on the understanding of the human
condition across the life span and environment and includes all
nursing specialties and means the performance of any nursing
act based upon professional knowledge, judgment, and skills
acquired by means of completion of an approved professional
nursing education program. A registered professional nurse

provides holistic nursing care through the nursing process to
individuals, groups, families, or communities, that includes
but is not limited to: (1) the assessment of healthcare needs,
nursing diagnosis, planning, implementation, and nursing
evaluation; (2) the promotion, maintenance, and restoration of
health; (3) counseling, patient education, health education,
and patient advocacy; (4) the administration of medications and
treatments as prescribed by a physician licensed to practice
medicine in all of its branches, a licensed dentist, a licensed
podiatric physician, or a licensed optometrist or as prescribed
by a physician assistant or by an advanced practice nurse; (5)
the coordination and management of the nursing plan of care;
(6) the delegation to and supervision of individuals who assist
the registered professional nurse implementing the plan of
care; and (7) teaching nursing students. The foregoing shall
not be deemed to include those acts of medical diagnosis or
prescription of therapeutic or corrective measures.
"Professional assistance program for nurses" means a
professional assistance program that meets criteria
established by the Board of Nursing and approved by the
Secretary, which provides a non-disciplinary treatment
approach for nurses licensed under this Act whose ability to
practice is compromised by alcohol or chemical substance
addiction.
"Secretary" means the Secretary of Financial and
Professional Regulation.

"Unencumbered license" means a license issued in good
standing.
"Written collaborative agreement" means a written
agreement between an advanced practice nurse and a
collaborating physician, dentist, or podiatric physician
pursuant to Section 65-35.
(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
99-330, eff. 1-1-16; revised 10-20-15.)
Section 345. The Pharmacy Practice Act is amended by
changing Section 19.1 as follows:
(225 ILCS 85/19.1)
(Section scheduled to be repealed on January 1, 2018)
Sec. 19.1. Dispensing opioid antagonists naloxone
antidotes.
(a) Due to the recent rise in opioid-related deaths in
Illinois and the existence of an opioid antagonist that can
reverse the deadly effects of overdose, the General Assembly
finds that in order to avoid further loss where possible, it is
responsible to allow greater access of such an antagonist to
those populations at risk of overdose.
(b) Notwithstanding any general or special law to the
contrary, a licensed pharmacist may dispense an opioid
antagonist in accordance with written, standardized procedures
or protocols developed by the Department with the Department of

Public Health and the Department of Human Services if the
procedures or protocols are filed at the pharmacy before
implementation and are available to the Department upon
request.
(c) Before dispensing an opioid antagonist pursuant to this
Section, a pharmacist shall complete a training program
approved by the Department of Human Services pursuant to
Section 5-23 of the Alcoholism and Other Drug Abuse and
Dependency Act. The training program shall include, but not be
limited to, proper documentation and quality assurance.
(d) For the purpose of 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 and equally safe drug approved by the
U.S. Food and Drug Administration for the treatment of drug
overdose.
(Source: P.A. 99-480, eff. 9-9-15; revised 10-16-15.)
Section 350. 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
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 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 nurse, the
patient's physician assistant, or the patient's dentist or used
following the physician's orders or written instructions, and
(f) supervision or teaching of physical therapy. 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 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 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 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 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 nurse" means a person licensed as
an advanced practice nurse under the Nurse Practice Act.
(12) "Physician assistant" means a person licensed under
the Physician Assistant Practice Act of 1987.
(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
99-229, eff. 8-3-15; revised 10-21-15.)
Section 355. The Respiratory Care Practice Act is amended
by changing Sections 10 and 115 as follows:

(225 ILCS 106/10)
(Section scheduled to be repealed on January 1, 2026)
Sec. 10. Definitions. 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.
"Advanced practice nurse" means an advanced practice nurse
licensed under the Nurse Practice Act.
"Board" means the Respiratory Care Board appointed by the
Secretary.
"Basic respiratory care activities" means and includes all
of the following activities:
(1) Cleaning, disinfecting, and sterilizing equipment
used in the practice of respiratory care as delegated by a
licensed health care professional or other authorized
licensed personnel.
(2) Assembling equipment used in the practice of
respiratory care as delegated by a licensed health care
professional or other authorized licensed personnel.
(3) Collecting and reviewing patient data through
non-invasive means, provided that the collection and
review does not include the individual's interpretation of

the clinical significance of the data. Collecting and
reviewing patient data includes the performance of pulse
oximetry and non-invasive monitoring procedures in order
to obtain vital signs and notification to licensed health
care professionals and other authorized licensed personnel
in a timely manner.
(4) Maintaining a nasal cannula or face mask for oxygen
therapy in the proper position on the patient's face.
(5) Assembling a nasal cannula or face mask for oxygen
therapy at patient bedside in preparation for use.
(6) Maintaining a patient's natural airway by
physically manipulating the jaw and neck, suctioning the
oral cavity, or suctioning the mouth or nose with a bulb
syringe.
(7) Performing assisted ventilation during emergency
resuscitation using a manual resuscitator.
(8) Using a manual resuscitator at the direction of a
licensed health care professional or other authorized
licensed personnel who is present and performing routine
airway suctioning. These activities do not include care of
a patient's artificial airway or the adjustment of
mechanical ventilator settings while a patient is
connected to the ventilator.
"Basic respiratory care activities" does not mean activities
that involve any of the following:
(1) Specialized knowledge that results from a course of

education or training in respiratory care.
(2) An unreasonable risk of a negative outcome for the
patient.
(3) The assessment or making of a decision concerning
patient care.
(4) The administration of aerosol medication or
medical gas.
(5) The insertion and maintenance of an artificial
airway.
(6) Mechanical ventilatory support.
(7) Patient assessment.
(8) Patient education.
(9) The transferring of oxygen devices, for purposes of
patient transport, with a liter flow greater than 6 liters
per minute, and the transferring of oxygen devices at any
liter flow being delivered to patients less than 12 years
of age.
"Department" means the Department of Financial and
Professional Regulation.
"Licensed" means that which is required to hold oneself out
as a respiratory care practitioner as defined in this Act.
"Licensed health care professional" means a physician
licensed to practice medicine in all its branches, a licensed
advanced practice nurse, or a licensed physician assistant.
"Order" means a written, oral, or telecommunicated
authorization for respiratory care services for a patient by

(i) a licensed health care professional 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 respiratory care practitioner or (ii) a certified registered
nurse anesthetist in a licensed hospital or ambulatory surgical
treatment center.
"Other authorized licensed personnel" means a licensed
respiratory care practitioner, a licensed registered nurse, or
a licensed practical nurse whose scope of practice authorizes
the professional to supervise an individual who is not
licensed, certified, or registered as a health professional.
"Proximate supervision" means a situation in which an
individual is responsible for directing the actions of another
individual in the facility and is physically close enough to be
readily available, if needed, by the supervised individual.
"Respiratory care" and "cardiorespiratory care" mean
preventative services, evaluation and assessment services,
therapeutic services, cardiopulmonary disease management, and
rehabilitative services under the order of a licensed health
care professional for an individual with a disorder, disease,
or abnormality of the cardiopulmonary system. These terms
include, but are not limited to, measuring, observing,
assessing, and monitoring signs and symptoms, reactions,
general behavior, and general physical response of individuals
to respiratory care services, including the determination of
whether those signs, symptoms, reactions, behaviors, or

general physical responses exhibit abnormal characteristics;
the administration of pharmacological and therapeutic agents
and procedures related to respiratory care services; the
collection of blood specimens and other bodily fluids and
tissues for, and the performance of, cardiopulmonary
diagnostic testing procedures, including, but not limited to,
blood gas analysis; development, implementation, and
modification of respiratory care treatment plans based on
assessed abnormalities of the cardiopulmonary system,
respiratory care guidelines, referrals, and orders of a
licensed health care professional; application, operation, and
management of mechanical ventilatory support and other means of
life support, including, but not limited to, hemodynamic
cardiovascular support; and the initiation of emergency
procedures under the rules promulgated by the Department. A
respiratory care practitioner shall refer to a physician
licensed to practice medicine in all its branches any patient
whose condition, at the time of evaluation or treatment, is
determined to be beyond the scope of practice of the
respiratory care practitioner.
"Respiratory care education program" means a course of
academic study leading to eligibility for registry or
certification in respiratory care. The training is to be
approved by an accrediting agency recognized by the Board and
shall include an evaluation of competence through a
standardized testing mechanism that is determined by the Board

to be both valid and reliable.
"Respiratory care practitioner" means a person who is
licensed by the Department of Professional Regulation and meets
all of the following criteria:
(1) The person is engaged in the practice of
cardiorespiratory care and has the knowledge and skill
necessary to administer respiratory care.
(2) The person is capable of serving as a resource to
the licensed health care professional in relation to the
technical aspects of cardiorespiratory care and the safe
and effective methods for administering cardiorespiratory
care modalities.
(3) The person is able to function in situations of
unsupervised patient contact requiring great individual
judgment.
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 99-173, eff. 7-29-15; 99-230, eff. 8-3-15;
revised 10-20-15.)
(225 ILCS 106/115)
(Section scheduled to be repealed on January 1, 2026)
Sec. 115. Subpoena; depositions; oaths. The Department has
the power to subpoena and to bring before it any person,
exhibit, book, document, record, file, or any other material
and to take testimony either orally or by deposition, or both,

with the same fees and mileage and in the same manner as
prescribed proscribed in civil cases in the courts of this
State.
The Secretary, the designated hearing officer, and every
member of the Board has the power to administer oaths to
witnesses at any hearing which the Department is authorized to
conduct, and any other oaths authorized in any Act administered
by the Department.
(Source: P.A. 99-230, eff. 8-3-15; revised 10-21-15.)
Section 360. The Perfusionist Practice Act is amended by
changing Section 125 as follows:
(225 ILCS 125/125)
(Section scheduled to be repealed on January 1, 2020)
Sec. 125. Record of proceedings. The Department, at its
expense, shall preserve a record of all proceedings at a formal
hearing conducted pursuant to Section 120 of this Act. The
notice of hearing, complaint, and all other documents in the
nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the
Board or hearing officer, and orders of the Department shall be
the record of the proceeding. The Department shall supply a
transcript of the record to a person interested in the hearing
on payment of the fee required under Section 2105-115 of the
Department of Professional Regulation Law Section 60f of the

Civil Administrative Code of Illinois.
(Source: P.A. 91-580, eff. 1-1-00; revised 10-16-15.)
Section 365. The Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985 is amended by
changing Section 2-4 as follows:
(225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
(Section scheduled to be repealed on January 1, 2026)
Sec. 2-4. Licensure as a barber teacher; qualifications. A
person is qualified to receive a license as a barber teacher if
that person files an application on forms provided by the
Department, pays the required fee, and:
a. Is at least 18 years of age;
b. Has graduated from high school or its equivalent;
c. Has a current license as a barber or cosmetologist;
d. Has graduated from a barber school or school of
cosmetology approved by the Department having:
(1) completed a total of 500 hours in barber
teacher training extending over a period of not less
than 3 months nor more than 2 years and has had 3 years
of practical experience as a licensed barber;
(2) completed a total of 1,000 hours of barber
teacher training extending over a period of not less
than 6 months nor more than 2 years; or
(3) completed the cosmetology teacher training as

specified in paragraph (4) of subsection (a) of Section
3-4 of this Act and completed a supplemental barbering
course as established by rule;
e. Has passed an examination authorized by the
Department to determine fitness to receive a license as a
barber teacher or a cosmetology teacher; and
f. Has met any other requirements set forth in this
Act.
An applicant who is issued a license as a barber teacher is
not required to maintain a barber license in order to practice
barbering as defined in this Act.
(Source: P.A. 98-911, eff. 1-1-15; 99-78, eff. 7-20-15; 99-427,
eff. 8-21-15; revised 10-19-15.)
Section 370. The Collection Agency Act is amended by
changing Section 2.04 as follows:
(225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 2.04. Child support debt.
(a) Collection agencies engaged in the business of
collecting child support debt owing under a court order as
provided under the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support
Punishment Act, the Illinois Parentage Act of 1984, the
Illinois Parentage Act of 2015, or similar laws of other states

are not restricted (i) in the frequency of contact with an
obligor who is in arrears, whether by phone, mail, or other
means, (ii) from contacting the employer of an obligor who is
in arrears, (iii) from publishing or threatening to publish a
list of obligors in arrears, (iv) from disclosing or
threatening to disclose an arrearage that the obligor disputes,
but for which a verified notice of delinquency has been served
under the Income Withholding for Support Act (or any of its
predecessors, Section 10-16.2 of the Illinois Public Aid Code,
Section 706.1 of the Illinois Marriage and Dissolution of
Marriage Act, Section 22 of the Non-Support Punishment Act,
Section 26.1 of the Revised Uniform Reciprocal Enforcement of
Support Act, or Section 20 of the Illinois Parentage Act of
1984), or (v) from engaging in conduct that would not cause a
reasonable person mental or physical illness. For purposes of
this subsection, "obligor" means an individual who owes a duty
to make periodic payments, under a court order, for the support
of a child. "Arrearage" means the total amount of an obligor's
unpaid child support obligations.
(a-5) A collection agency may not impose a fee or charge,
including costs, for any child support payments collected
through the efforts of a federal, State, or local government
agency, including but not limited to child support collected
from federal or State tax refunds, unemployment benefits, or
Social Security benefits.
No collection agency that collects child support payments

shall (i) impose a charge or fee, including costs, for
collection of a current child support payment, (ii) fail to
apply collections to current support as specified in the order
for support before applying collection to arrears or other
amounts, or (iii) designate a current child support payment as
arrears or other amount owed. In all circumstances, the
collection agency shall turn over to the obligee all support
collected in a month up to the amount of current support
required to be paid for that month.
As to any fees or charges, including costs, retained by the
collection agency, that agency shall provide documentation to
the obligee demonstrating that the child support payments
resulted from the actions of the agency.
After collection of the total amount or arrearage,
including statutory interest, due as of the date of execution
of the collection contract, no further fees may be charged.
(a-10) The Department shall determine a fee rate of not
less than 25% but not greater than 35%, based upon presentation
by the licensees as to costs to provide the service and a fair
rate of return. This rate shall be established by
administrative rule.
Without prejudice to the determination by the Department of
the appropriate rate through administrative rule, a collection
agency shall impose a fee of not more than 29% of the amount of
child support actually collected by the collection agency
subject to the provisions of subsection (a-5). This interim

rate is based upon the March 2002 General Account Office report
"Child Support Enforcement", GAO-02-349. This rate shall apply
until a fee rate is established by administrative rule.
(b) The Department shall adopt rules necessary to
administer and enforce the provisions of this Section.
(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; revised
10-21-15.)
Section 375. The Illinois Livestock Dealer Licensing Act is
amended by changing Section 9 as follows:
(225 ILCS 645/9) (from Ch. 111, par. 409)
Sec. 9. The Department may refuse to issue or renew or may
suspend or revoke a license on any of the following grounds:
a. Material misstatement in the application for
original license or in the application for any renewal
license under this Act;
b. Wilful disregard or violation of this Act, or of any
other Act relative to the purchase and sale of livestock,
feeder swine or horses, or of any regulation or rule issued
pursuant thereto;
c. Wilfully aiding or abetting another in the violation
of this Act or of any regulation or rule issued pursuant
thereto;
d. Allowing one's license under this Act to be used by
an unlicensed person;

e. Conviction of any felony, if the Department
determines, after investigation, that such person has not
been sufficiently rehabilitated to warrant the public
trust;
f. Conviction of any crime an essential element of
which is misstatement, fraud or dishonesty;
g. Conviction of a violation of any law in Illinois or
any Departmental rule or regulation relating to livestock;
h. Making substantial misrepresentations or false
promises of a character likely to influence, persuade or
induce in connection with the livestock industry;
i. Pursuing a continued course of misrepresentation of
or making false promises through advertising, salesmen,
agents or otherwise in connection with the livestock
industry;
j. Failure to possess the necessary qualifications or
to meet the requirements of this Act for the issuance or
holding a license;
k. Failure to pay for livestock after purchase;
l. Issuance of checks for payment of livestock when
funds are insufficient;
m. Determination by a Department audit that the
licensee or applicant is insolvent;
n. Operating without adequate bond coverage or its
equivalent required for licensees; .
o. Failing to remit the assessment required in Section

9 of the Beef Market Development Act upon written complaint
of the Checkoff Division of the Illinois Beef Association
Board of Governors.
The Department may refuse to issue or may suspend 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.
(Source: P.A. 99-389, eff. 8-18-15; revised 10-20-15.)
Section 380. The Raffles and Poker Runs Act is amended by
changing Section 1 as follows:
(230 ILCS 15/1) (from Ch. 85, par. 2301)
Sec. 1. Definitions. For the purposes of this Act the terms
defined in this Section have the meanings given them.
"Net proceeds" means the gross receipts from the conduct of
raffles, less reasonable sums expended for prizes, local
license fees and other reasonable operating expenses incurred
as a result of operating a raffle or poker run.
"Key location" means the location where the poker run
concludes and the prize or prizes are awarded.
"Poker run" means a prize-awarding event organized by an
organization licensed under this Act in which participants

travel to multiple predetermined locations, including a key
location, to play a randomized game based on an element of
chance. "Poker run" includes dice runs, marble runs, or other
events where the objective is to build the best hand or highest
score by obtaining an item or playing a randomized game at each
location.
"Raffle" means a form of lottery, as defined in Section
28-2(b) of the Criminal Code of 2012, conducted by an
organization licensed under this Act, in which:
(1) the player pays or agrees to pay something of value
for a chance, represented and differentiated by a number or
by a combination of numbers or by some other medium, one or
more of which chances is to be designated the winning
chance;
(2) the winning chance is to be determined through a
drawing or by some other method based on an element of
chance by an act or set of acts on the part of persons
conducting or connected with the lottery, except that the
winning chance shall not be determined by the outcome of a
publicly exhibited sporting contest.
"Raffle" does not include a savings promotion raffle
authorized under Section 5g of the Illinois Banking Act,
Section 7008 of the Savings Bank Act, Section 42.7 of the
Illinois Credit Union Act, Section 5136B of the National Bank
Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act
(12 U.S.C. 1463).

(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16;
99-405, eff. 8-19-15; revised 10-19-15.)
Section 385. The Bingo License and Tax Act is amended by
changing Section 1.3 as follows:
(230 ILCS 25/1.3)
Sec. 1.3. Restrictions on licensure. Licensing for the
conducting of bingo is subject to the following restrictions:
(1) The license application, when submitted to the
Department, must contain a sworn statement attesting to the
not-for-profit character of the prospective licensee
organization, signed by a person listed on the application
as an owner, officer, or other person in charge of the
necessary day-to-day operations of that organization.
(2) The license application shall be prepared in
accordance with the rules of the Department.
(3) The licensee shall prominently display the license
in the area where the licensee conducts bingo. The licensee
shall likewise display, in the form and manner as
prescribed by the Department, the provisions of Section 8
of this Act.
(4) Each license shall state the day of the week, hours
and at which location the licensee is permitted to conduct
bingo games.
(5) A license is not assignable or transferable.

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

(A) bingo shall be conducted only (i) at a facility
that is owned by a unit of local government to which
the corporate authorities have given their approval
and that is used to provide social services or a
meeting place to senior citizens, (ii) in common areas
in multi-unit federally assisted rental housing
maintained solely for elderly persons and persons with
disabilities, or (iii) at a building owned by a church
or veterans organization;
(B) the price paid for a single card shall not
exceed 50 cents;
(C) the aggregate retail value of all prizes or
merchandise awarded in any one game of bingo shall not
exceed $10;
(D) no person or organization shall participate in
the management or operation of bingo under this item
(9) if the person or organization would be ineligible
for a license under this Section; and
(E) no license is required to provide premises for
bingo conducted under this item (9).
(10) Bingo equipment shall not be used for any purpose
other than for the play of bingo.
(Source: P.A. 99-143, eff. 7-27-15; 99-177, eff. 7-29-15;
revised 10-19-15.)
Section 390. The Liquor Control Act of 1934 is amended by

setting forth and renumbering multiple versions of Section
1-3.40 and by changing Sections 5-1, 6-4, and 6-11 as follows:
(235 ILCS 5/1-3.40)
Sec. 1-3.40. Manufacturer class license holder.
"Manufacturer class license holder" means any holder of a
Manufacturer's license as provided in Section 5-1 of this Act.
The Manufacturer's licenses are: a Class 1. Distiller, a Class
2. Rectifier, a Class 3. Brewer, a Class 4. First Class Wine
Manufacturer, a Class 5. Second Class Wine Manufacturer, a
Class 6. First Class Winemaker, a Class 7. Second Class
Winemaker, a Class 8. Limited Wine Manufacturer, a Class 9.
Craft Distiller, and a Class 10. Craft Brewer and any future
Manufacturer's licenses established by law.
(Source: P.A. 99-282, eff. 8-5-15.)
(235 ILCS 5/1-3.42)
Sec. 1-3.42 1-3.40. Class 2 brewer. "Class 2 brewer" means
a person who is a holder of a brewer license or non-resident
dealer license who manufactures up to 3,720,000 gallons of beer
per year for sale to a licensed importing distributor or
distributor.
(Source: P.A. 99-448, eff. 8-24-15; revised 10-28-15.)
(235 ILCS 5/5-1) (from Ch. 43, par. 115)
Sec. 5-1. Licenses issued by the Illinois Liquor Control

Commission shall be of the following classes:
(a) Manufacturer's license - Class 1. Distiller, Class 2.
Rectifier, Class 3. Brewer, Class 4. First Class Wine
Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
First Class Winemaker, Class 7. Second Class Winemaker, Class
8. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
10. Class 1 Brewer, Class 11. Class 2 Brewer,
(b) Distributor's license,
(c) Importing Distributor's license,
(d) Retailer's license,
(e) Special Event Retailer's license (not-for-profit),
(f) Railroad license,
(g) Boat license,
(h) Non-Beverage User's license,
(i) Wine-maker's premises license,
(j) Airplane license,
(k) Foreign importer's license,
(l) Broker's license,
(m) Non-resident dealer's license,
(n) Brew Pub license,
(o) Auction liquor license,
(p) Caterer retailer license,
(q) Special use permit license,
(r) Winery shipper's license.
No person, firm, partnership, corporation, or other legal
business entity that is engaged in the manufacturing of wine

may concurrently obtain and hold a wine-maker's license and a
wine manufacturer's license.
(a) A manufacturer's license shall allow the manufacture,
importation in bulk, storage, distribution and sale of
alcoholic liquor to persons without the State, as may be
permitted by law and to licensees in this State as follows:
Class 1. A Distiller may make sales and deliveries of
alcoholic liquor to distillers, rectifiers, importing
distributors, distributors and non-beverage users and to no
other licensees.
Class 2. A Rectifier, who is not a distiller, as defined
herein, may make sales and deliveries of alcoholic liquor to
rectifiers, importing distributors, distributors, retailers
and non-beverage users and to no other licensees.
Class 3. A Brewer may make sales and deliveries of beer to
importing distributors and distributors and may make sales as
authorized under subsection (e) of Section 6-4 of this Act.
Class 4. A first class wine-manufacturer may make sales and
deliveries of up to 50,000 gallons of wine to manufacturers,
importing distributors and distributors, and to no other
licensees.
Class 5. A second class Wine manufacturer may make sales
and deliveries of more than 50,000 gallons of wine to
manufacturers, importing distributors and distributors and to
no other licensees.
Class 6. A first-class wine-maker's license shall allow the

manufacture of up to 50,000 gallons of wine per year, and the
storage and sale of such wine to distributors in the State and
to persons without the State, as may be permitted by law. A
person who, prior to June 1, 2008 (the effective date of Public
Act 95-634) this amendatory Act of the 95th General Assembly,
is a holder of a first-class wine-maker's license and annually
produces more than 25,000 gallons of its own wine and who
distributes its wine to licensed retailers shall cease this
practice on or before July 1, 2008 in compliance with Public
Act 95-634 this amendatory Act of the 95th General Assembly.
Class 7. A second-class wine-maker's license shall allow
the manufacture of between 50,000 and 150,000 gallons of wine
per year, and the storage and sale of such wine to distributors
in this State and to persons without the State, as may be
permitted by law. A person who, prior to June 1, 2008 (the
effective date of Public Act 95-634) this amendatory Act of the
95th General Assembly, is a holder of a second-class
wine-maker's license and annually produces more than 25,000
gallons of its own wine and who distributes its wine to
licensed retailers shall cease this practice on or before July
1, 2008 in compliance with Public Act 95-634 this amendatory
Act of the 95th General Assembly.
Class 8. A limited wine-manufacturer may make sales and
deliveries not to exceed 40,000 gallons of wine per year to
distributors, and to non-licensees in accordance with the
provisions of this Act.

Class 9. A craft distiller license shall allow the
manufacture of up to 30,000 gallons of spirits by distillation
for one year after March 1, 2013 (the effective date of Public
Act 97-1166) this amendatory Act of the 97th General Assembly
and up to 35,000 gallons of spirits by distillation per year
thereafter and the storage of such spirits. If a craft
distiller licensee is not affiliated with any other
manufacturer, then the craft distiller licensee may sell such
spirits to distributors in this State and up to 2,500 gallons
of such spirits to non-licensees to the extent permitted by any
exemption approved by the Commission pursuant to Section 6-4 of
this Act.
Any craft distiller licensed under this Act who on July 28,
2010 (the effective date of Public Act 96-1367) this amendatory
Act of the 96th General Assembly was licensed as a distiller
and manufactured no more spirits than permitted by this Section
shall not be required to pay the initial licensing fee.
Class 10. A class 1 brewer license, which may only be
issued to a licensed brewer or licensed non-resident dealer,
shall allow the manufacture of up to 930,000 gallons of beer
per year provided that the class 1 brewer licensee does not
manufacture more than a combined 930,000 gallons of beer per
year and is not a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 930,000
gallons of beer per year or any other alcoholic liquor. A class
1 brewer licensee may make sales and deliveries to importing

distributors and distributors and to retail licensees in
accordance with the conditions set forth in paragraph (18) of
subsection (a) of Section 3-12 of this Act.
Class 11. A class 2 brewer license, which may only be
issued to a licensed brewer or licensed non-resident dealer,
shall allow the manufacture of up to 3,720,000 gallons of beer
per year provided that the class 2 brewer licensee does not
manufacture more than a combined 3,720,000 gallons of beer per
year and is not a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 3,720,000
gallons of beer per year or any other alcoholic liquor. A class
2 brewer licensee may make sales and deliveries to importing
distributors and distributors, but shall not make sales or
deliveries to any other licensee. If the State Commission
provides prior approval, a class 2 brewer licensee may annually
transfer up to 3,720,000 gallons of beer manufactured by that
class 2 brewer licensee to the premises of a licensed class 2
brewer wholly owned and operated by the same licensee.
(a-1) A manufacturer which is licensed in this State to
make sales or deliveries of alcoholic liquor to licensed
distributors or importing distributors and which enlists
agents, representatives, or individuals acting on its behalf
who contact licensed retailers on a regular and continual basis
in this State must register those agents, representatives, or
persons acting on its behalf with the State Commission.
Registration of agents, representatives, or persons acting

on behalf of a manufacturer is fulfilled by submitting a form
to the Commission. The form shall be developed by the
Commission and shall include the name and address of the
applicant, the name and address of the manufacturer he or she
represents, the territory or areas assigned to sell to or
discuss pricing terms of alcoholic liquor, and any other
questions deemed appropriate and necessary. All statements in
the forms required to be made by law or by rule shall be deemed
material, and any person who knowingly misstates any material
fact under oath in an application is guilty of a Class B
misdemeanor. Fraud, misrepresentation, false statements,
misleading statements, evasions, or suppression of material
facts in the securing of a registration are grounds for
suspension or revocation of the registration. The State
Commission shall post a list of registered agents on the
Commission's website.
(b) A distributor's license shall allow the wholesale
purchase and storage of alcoholic liquors and sale of alcoholic
liquors to licensees in this State and to persons without the
State, as may be permitted by law.
(c) An importing distributor's license may be issued to and
held by those only who are duly licensed distributors, upon the
filing of an application by a duly licensed distributor, with
the Commission and the Commission shall, without the payment of
any fee, immediately issue such importing distributor's
license to the applicant, which shall allow the importation of

alcoholic liquor by the licensee into this State from any point
in the United States outside this State, and the purchase of
alcoholic liquor in barrels, casks or other bulk containers and
the bottling of such alcoholic liquors before resale thereof,
but all bottles or containers so filled shall be sealed,
labeled, stamped and otherwise made to comply with all
provisions, rules and regulations governing manufacturers in
the preparation and bottling of alcoholic liquors. The
importing distributor's license shall permit such licensee to
purchase alcoholic liquor from Illinois licensed non-resident
dealers and foreign importers only.
(d) A retailer's license shall allow the licensee to sell
and offer for sale at retail, only in the premises specified in
the license, alcoholic liquor for use or consumption, but not
for resale in any form. Nothing in Public Act 95-634 this
amendatory Act of the 95th General Assembly shall deny, limit,
remove, or restrict the ability of a holder of a retailer's
license to transfer, deliver, or ship alcoholic liquor to the
purchaser for use or consumption subject to any applicable
local law or ordinance. Any retail license issued to a
manufacturer shall only permit the manufacturer to sell beer at
retail on the premises actually occupied by the manufacturer.
For the purpose of further describing the type of business
conducted at a retail licensed premises, a retailer's licensee
may be designated by the State Commission as (i) an on premise
consumption retailer, (ii) an off premise sale retailer, or

(iii) a combined on premise consumption and off premise sale
retailer.
Notwithstanding any other provision of this subsection
(d), a retail licensee may sell alcoholic liquors to a special
event retailer licensee for resale to the extent permitted
under subsection (e).
(e) A special event retailer's license (not-for-profit)
shall permit the licensee to purchase alcoholic liquors from an
Illinois licensed distributor (unless the licensee purchases
less than $500 of alcoholic liquors for the special event, in
which case the licensee may purchase the alcoholic liquors from
a licensed retailer) and shall allow the licensee to sell and
offer for sale, at retail, alcoholic liquors for use or
consumption, but not for resale in any form and only at the
location and on the specific dates designated for the special
event in the license. An applicant for a special event retailer
license must (i) furnish with the application: (A) a resale
number issued under Section 2c of the Retailers' Occupation Tax
Act or evidence that the applicant is registered under Section
2a of the Retailers' Occupation Tax Act, (B) a current, valid
exemption identification number issued under Section 1g of the
Retailers' Occupation Tax Act, and a certification to the
Commission that the purchase of alcoholic liquors will be a
tax-exempt purchase, or (C) a statement that the applicant is
not registered under Section 2a of the Retailers' Occupation
Tax Act, does not hold a resale number under Section 2c of the

Retailers' Occupation Tax Act, and does not hold an exemption
number under Section 1g of the Retailers' Occupation Tax Act,
in which event the Commission shall set forth on the special
event retailer's license a statement to that effect; (ii)
submit with the application proof satisfactory to the State
Commission that the applicant will provide dram shop liability
insurance in the maximum limits; and (iii) show proof
satisfactory to the State Commission that the applicant has
obtained local authority approval.
(f) A railroad license shall permit the licensee to import
alcoholic liquors into this State from any point in the United
States outside this State and to store such alcoholic liquors
in this State; to make wholesale purchases of alcoholic liquors
directly from manufacturers, foreign importers, distributors
and importing distributors from within or outside this State;
and to store such alcoholic liquors in this State; provided
that the above powers may be exercised only in connection with
the importation, purchase or storage of alcoholic liquors to be
sold or dispensed on a club, buffet, lounge or dining car
operated on an electric, gas or steam railway in this State;
and provided further, that railroad licensees exercising the
above powers shall be subject to all provisions of Article VIII
of this Act as applied to importing distributors. A railroad
license shall also permit the licensee to sell or dispense
alcoholic liquors on any club, buffet, lounge or dining car
operated on an electric, gas or steam railway regularly

operated by a common carrier in this State, but shall not
permit the sale for resale of any alcoholic liquors to any
licensee within this State. A license shall be obtained for
each car in which such sales are made.
(g) A boat license shall allow the sale of alcoholic liquor
in individual drinks, on any passenger boat regularly operated
as a common carrier on navigable waters in this State or on any
riverboat operated under the Riverboat Gambling Act, which boat
or riverboat maintains a public dining room or restaurant
thereon.
(h) A non-beverage user's license shall allow the licensee
to purchase alcoholic liquor from a licensed manufacturer or
importing distributor, without the imposition of any tax upon
the business of such licensed manufacturer or importing
distributor as to such alcoholic liquor to be used by such
licensee solely for the non-beverage purposes set forth in
subsection (a) of Section 8-1 of this Act, and such licenses
shall be divided and classified and shall permit the purchase,
possession and use of limited and stated quantities of
alcoholic liquor as follows:
Class 1, not to exceed ......................... 500 gallons
Class 2, not to exceed ....................... 1,000 gallons
Class 3, not to exceed ....................... 5,000 gallons
Class 4, not to exceed ...................... 10,000 gallons
Class 5, not to exceed ....................... 50,000 gallons
(i) A wine-maker's premises license shall allow a licensee

that concurrently holds a first-class wine-maker's license to
sell and offer for sale at retail in the premises specified in
such license not more than 50,000 gallons of the first-class
wine-maker's wine that is made at the first-class wine-maker's
licensed premises per year for use or consumption, but not for
resale in any form. A wine-maker's premises license shall allow
a licensee who concurrently holds a second-class wine-maker's
license to sell and offer for sale at retail in the premises
specified in such license up to 100,000 gallons of the
second-class wine-maker's wine that is made at the second-class
wine-maker's licensed premises per year for use or consumption
but not for resale in any form. A wine-maker's premises license
shall allow a licensee that concurrently holds a first-class
wine-maker's license or a second-class wine-maker's license to
sell and offer for sale at retail at the premises specified in
the wine-maker's premises license, for use or consumption but
not for resale in any form, any beer, wine, and spirits
purchased from a licensed distributor. Upon approval from the
State Commission, a wine-maker's premises license shall allow
the licensee to sell and offer for sale at (i) the wine-maker's
licensed premises and (ii) at up to 2 additional locations for
use and consumption and not for resale. Each location shall
require additional licensing per location as specified in
Section 5-3 of this Act. A wine-maker's premises licensee shall
secure liquor liability insurance coverage in an amount at
least equal to the maximum liability amounts set forth in

subsection (a) of Section 6-21 of this Act.
(j) An airplane license shall permit the licensee to import
alcoholic liquors into this State from any point in the United
States outside this State and to store such alcoholic liquors
in this State; to make wholesale purchases of alcoholic liquors
directly from manufacturers, foreign importers, distributors
and importing distributors from within or outside this State;
and to store such alcoholic liquors in this State; provided
that the above powers may be exercised only in connection with
the importation, purchase or storage of alcoholic liquors to be
sold or dispensed on an airplane; and provided further, that
airplane licensees exercising the above powers shall be subject
to all provisions of Article VIII of this Act as applied to
importing distributors. An airplane licensee shall also permit
the sale or dispensing of alcoholic liquors on any passenger
airplane regularly operated by a common carrier in this State,
but shall not permit the sale for resale of any alcoholic
liquors to any licensee within this State. A single airplane
license shall be required of an airline company if liquor
service is provided on board aircraft in this State. The annual
fee for such license shall be as determined in Section 5-3.
(k) A foreign importer's license shall permit such licensee
to purchase alcoholic liquor from Illinois licensed
non-resident dealers only, and to import alcoholic liquor other
than in bulk from any point outside the United States and to
sell such alcoholic liquor to Illinois licensed importing

distributors and to no one else in Illinois; provided that (i)
the foreign importer registers with the State Commission every
brand of alcoholic liquor that it proposes to sell to Illinois
licensees during the license period, (ii) the foreign importer
complies with all of the provisions of Section 6-9 of this Act
with respect to registration of such Illinois licensees as may
be granted the right to sell such brands at wholesale, and
(iii) the foreign importer complies with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers.
(l) (i) A broker's license shall be required of all persons
who solicit orders for, offer to sell or offer to supply
alcoholic liquor to retailers in the State of Illinois, or who
offer to retailers to ship or cause to be shipped or to make
contact with distillers, rectifiers, brewers or manufacturers
or any other party within or without the State of Illinois in
order that alcoholic liquors be shipped to a distributor,
importing distributor or foreign importer, whether such
solicitation or offer is consummated within or without the
State of Illinois.
No holder of a retailer's license issued by the Illinois
Liquor Control Commission shall purchase or receive any
alcoholic liquor, the order for which was solicited or offered
for sale to such retailer by a broker unless the broker is the
holder of a valid broker's license.
The broker shall, upon the acceptance by a retailer of the

broker's solicitation of an order or offer to sell or supply or
deliver or have delivered alcoholic liquors, promptly forward
to the Illinois Liquor Control Commission a notification of
said transaction in such form as the Commission may by
regulations prescribe.
(ii) A broker's license shall be required of a person
within this State, other than a retail licensee, who, for a fee
or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for resale, to
be shipped from this State and delivered to residents outside
of this State by an express company, common carrier, or
contract carrier. This Section does not apply to any person who
promotes, solicits, or accepts orders for wine as specifically
authorized in Section 6-29 of this Act.
A broker's license under this subsection (l) shall not
entitle the holder to buy or sell any alcoholic liquors for his
own account or to take or deliver title to such alcoholic
liquors.
This subsection (l) shall not apply to distributors,
employees of distributors, or employees of a manufacturer who
has registered the trademark, brand or name of the alcoholic
liquor pursuant to Section 6-9 of this Act, and who regularly
sells such alcoholic liquor in the State of Illinois only to
its registrants thereunder.
Any agent, representative, or person subject to
registration pursuant to subsection (a-1) of this Section shall

not be eligible to receive a broker's license.
(m) A non-resident dealer's license shall permit such
licensee to ship into and warehouse alcoholic liquor into this
State from any point outside of this State, and to sell such
alcoholic liquor to Illinois licensed foreign importers and
importing distributors and to no one else in this State;
provided that (i) said non-resident dealer shall register with
the Illinois Liquor Control Commission each and every brand of
alcoholic liquor which it proposes to sell to Illinois
licensees during the license period, (ii) it shall comply with
all of the provisions of Section 6-9 hereof with respect to
registration of such Illinois licensees as may be granted the
right to sell such brands at wholesale, and (iii) the
non-resident dealer shall comply with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers.
(n) A brew pub license shall allow the licensee to only (i)
manufacture up to 155,000 gallons of beer per year only on the
premises specified in the license, (ii) make sales of the beer
manufactured on the premises or, with the approval of the
Commission, beer manufactured on another brew pub licensed
premises that is wholly owned and operated by the same licensee
to importing distributors, distributors, and to non-licensees
for use and consumption, (iii) store the beer upon the
premises, (iv) sell and offer for sale at retail from the
licensed premises for off-premises consumption no more than

155,000 gallons per year so long as such sales are only made
in-person, (v) sell and offer for sale at retail for use and
consumption on the premises specified in the license any form
of alcoholic liquor purchased from a licensed distributor or
importing distributor, and (vi) with the prior approval of the
Commission, annually transfer no more than 155,000 gallons of
beer manufactured on the premises to a licensed brew pub wholly
owned and operated by the same licensee.
A brew pub licensee shall not under any circumstance sell
or offer for sale beer manufactured by the brew pub licensee to
retail licensees.
A person who holds a class 2 brewer license may
simultaneously hold a brew pub license if the class 2 brewer
(i) does not, under any circumstance, sell or offer for sale
beer manufactured by the class 2 brewer to retail licensees;
(ii) does not hold more than 3 brew pub licenses in this State;
(iii) does not manufacture more than a combined 3,720,000
gallons of beer per year, including the beer manufactured at
the brew pub; and (iv) is not a member of or affiliated with,
directly or indirectly, a manufacturer that produces more than
3,720,000 gallons of beer per year or any other alcoholic
liquor.
Notwithstanding any other provision of this Act, a licensed
brewer, class 2 brewer, or non-resident dealer who before July
1, 2015 manufactured less than than 3,720,000 gallons of beer
per year and held a brew pub license on or before July 1, 2015

may (i) continue to qualify for and hold that brew pub license
for the licensed premises and (ii) manufacture more than
3,720,000 gallons of beer per year and continue to qualify for
and hold that brew pub license if that brewer, class 2 brewer,
or non-resident dealer does not simultaneously hold a class 1
brewer license and is not a member of or affiliated with,
directly or indirectly, a manufacturer that produces more than
3,720,000 gallons of beer per year or that produces any other
alcoholic liquor.
(o) A caterer retailer license shall allow the holder to
serve alcoholic liquors as an incidental part of a food service
that serves prepared meals which excludes the serving of snacks
as the primary meal, either on or off-site whether licensed or
unlicensed.
(p) An auction liquor license shall allow the licensee to
sell and offer for sale at auction wine and spirits for use or
consumption, or for resale by an Illinois liquor licensee in
accordance with provisions of this Act. An auction liquor
license will be issued to a person and it will permit the
auction liquor licensee to hold the auction anywhere in the
State. An auction liquor license must be obtained for each
auction at least 14 days in advance of the auction date.
(q) A special use permit license shall allow an Illinois
licensed retailer to transfer a portion of its alcoholic liquor
inventory from its retail licensed premises to the premises
specified in the license hereby created, and to sell or offer

for sale at retail, only in the premises specified in the
license hereby created, the transferred alcoholic liquor for
use or consumption, but not for resale in any form. A special
use permit license may be granted for the following time
periods: one day or less; 2 or more days to a maximum of 15 days
per location in any 12 month period. An applicant for the
special use permit license must also submit with the
application proof satisfactory to the State Commission that the
applicant will provide dram shop liability insurance to the
maximum limits and have local authority approval.
(r) A winery shipper's license shall allow a person with a
first-class or second-class wine manufacturer's license, a
first-class or second-class wine-maker's license, or a limited
wine manufacturer's license or who is licensed to make wine
under the laws of another state to ship wine made by that
licensee directly to a resident of this State who is 21 years
of age or older for that resident's personal use and not for
resale. Prior to receiving a winery shipper's license, an
applicant for the license must provide the Commission with a
true copy of its current license in any state in which it is
licensed as a manufacturer of wine. An applicant for a winery
shipper's license must also complete an application form that
provides any other information the Commission deems necessary.
The application form shall include an acknowledgement
consenting to the jurisdiction of the Commission, the Illinois
Department of Revenue, and the courts of this State concerning

the enforcement of this Act and any related laws, rules, and
regulations, including authorizing the Department of Revenue
and the Commission to conduct audits for the purpose of
ensuring compliance with Public Act 95-634 this amendatory Act.
A winery shipper licensee must pay to the Department of
Revenue the State liquor gallonage tax under Section 8-1 for
all wine that is sold by the licensee and shipped to a person
in this State. For the purposes of Section 8-1, a winery
shipper licensee shall be taxed in the same manner as a
manufacturer of wine. A licensee who is not otherwise required
to register under the Retailers' Occupation Tax Act must
register under the Use Tax Act to collect and remit use tax to
the Department of Revenue for all gallons of wine that are sold
by the licensee and shipped to persons in this State. If a
licensee fails to remit the tax imposed under this Act in
accordance with the provisions of Article VIII of this Act, the
winery shipper's license shall be revoked in accordance with
the provisions of Article VII of this Act. If a licensee fails
to properly register and remit tax under the Use Tax Act or the
Retailers' Occupation Tax Act for all wine that is sold by the
winery shipper and shipped to persons in this State, the winery
shipper's license shall be revoked in accordance with the
provisions of Article VII of this Act.
A winery shipper licensee must collect, maintain, and
submit to the Commission on a semi-annual basis the total
number of cases per resident of wine shipped to residents of

this State. A winery shipper licensed under this subsection (r)
must comply with the requirements of Section 6-29 of this
amendatory Act.
Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
Section 3-12, the State Commission may receive, respond to, and
investigate any complaint and impose any of the remedies
specified in paragraph (1) of subsection (a) of Section 3-12.
(Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13;
98-756, eff. 7-16-14; 99-448, eff. 8-24-15; revised 10-27-15.)
(235 ILCS 5/6-4) (from Ch. 43, par. 121)
Sec. 6-4. (a) No person licensed by any licensing authority
as a distiller, or a wine manufacturer, or any subsidiary or
affiliate thereof, or any officer, associate, member, partner,
representative, employee, agent or shareholder owning more
than 5% of the outstanding shares of such person shall be
issued an importing distributor's or distributor's license,
nor shall any person licensed by any licensing authority as an
importing distributor, distributor or retailer, or any
subsidiary or affiliate thereof, or any officer or associate,
member, partner, representative, employee, agent or
shareholder owning more than 5% of the outstanding shares of
such person be issued a distiller's license or a wine
manufacturer's license; and no person or persons licensed as a
distiller by any licensing authority shall have any interest,
directly or indirectly, with such distributor or importing

distributor.
However, an importing distributor or distributor, which on
January 1, 1985 is owned by a brewer, or any subsidiary or
affiliate thereof or any officer, associate, member, partner,
representative, employee, agent or shareholder owning more
than 5% of the outstanding shares of the importing distributor
or distributor referred to in this paragraph, may own or
acquire an ownership interest of more than 5% of the
outstanding shares of a wine manufacturer and be issued a wine
manufacturer's license by any licensing authority.
(b) The foregoing provisions shall not apply to any person
licensed by any licensing authority as a distiller or wine
manufacturer, or to any subsidiary or affiliate of any
distiller or wine manufacturer who shall have been heretofore
licensed by the State Commission as either an importing
distributor or distributor during the annual licensing period
expiring June 30, 1947, and shall actually have made sales
regularly to retailers.
(c) Provided, however, that in such instances where a
distributor's or importing distributor's license has been
issued to any distiller or wine manufacturer or to any
subsidiary or affiliate of any distiller or wine manufacturer
who has, during the licensing period ending June 30, 1947, sold
or distributed as such licensed distributor or importing
distributor alcoholic liquors and wines to retailers, such
distiller or wine manufacturer or any subsidiary or affiliate

of any distiller or wine manufacturer holding such
distributor's or importing distributor's license may continue
to sell or distribute to retailers such alcoholic liquors and
wines which are manufactured, distilled, processed or marketed
by distillers and wine manufacturers whose products it sold or
distributed to retailers during the whole or any part of its
licensing periods; and such additional brands and additional
products may be added to the line of such distributor or
importing distributor, provided, that such brands and such
products were not sold or distributed by any distributor or
importing distributor licensed by the State Commission during
the licensing period ending June 30, 1947, but can not sell or
distribute to retailers any other alcoholic liquors or wines.
(d) It shall be unlawful for any distiller licensed
anywhere to have any stock ownership or interest in any
distributor's or importing distributor's license wherein any
other person has an interest therein who is not a distiller and
does not own more than 5% of any stock in any distillery.
Nothing herein contained shall apply to such distillers or
their subsidiaries or affiliates, who had a distributor's or
importing distributor's license during the licensing period
ending June 30, 1947, which license was owned in whole by such
distiller, or subsidiaries or affiliates of such distiller.
(e) Any person licensed as a brewer, class 1 brewer, or
class 2 brewer shall be permitted to sell on the licensed
premises to non-licensees for on or off-premises consumption

for the premises in which he or she actually conducts such
business beer manufactured by the brewer, class 1 brewer, or
class 2 brewer. Such sales shall be limited to on-premises,
in-person sales only, for lawful consumption on or off
premises. Such authorization shall be considered a privilege
granted by the brewer license and, other than a manufacturer of
beer as stated above, no manufacturer or distributor or
importing distributor, excluding airplane licensees exercising
powers provided in paragraph (i) of Section 5-1 of this Act, or
any subsidiary or affiliate thereof, or any officer, associate,
member, partner, representative, employee or agent, or
shareholder shall be issued a retailer's license, nor shall any
person having a retailer's license, excluding airplane
licensees exercising powers provided in paragraph (i) of
Section 5-1 of this Act, or any subsidiary or affiliate
thereof, or any officer, associate, member, partner,
representative or agent, or shareholder be issued a
manufacturer's license or importing distributor's license.
A person who holds a class 1 or class 2 brewer license and
is authorized by this Section to sell beer to non-licensees
shall not sell beer to non-licensees from more than 3 total
brewer or commonly owned brew pub licensed locations in this
State. The class 1 or class 2 brewer shall designate to the
State Commission the brewer or brew pub locations from which it
will sell beer to non-licensees.
A person licensed as a craft distiller not affiliated with

any other person manufacturing spirits may be authorized by the
Commission to sell up to 2,500 gallons of spirits produced by
the person to non-licensees for on or off-premises consumption
for the premises in which he or she actually conducts business
permitting only the retail sale of spirits manufactured at such
premises. Such sales shall be limited to on-premises, in-person
sales only, for lawful consumption on or off premises, and such
authorization shall be considered a privilege granted by the
craft distiller license. A craft distiller licensed for retail
sale shall secure liquor liability insurance coverage in an
amount at least equal to the maximum liability amounts set
forth in subsection (a) of Section 6-21 of this Act.
(f) (Blank).
(g) Notwithstanding any of the foregoing prohibitions, a
limited wine manufacturer may sell at retail at its
manufacturing site for on or off premises consumption and may
sell to distributors. A limited wine manufacturer licensee
shall secure liquor liability insurance coverage in an amount
at least equal to the maximum liability amounts set forth in
subsection (a) of Section 6-21 of this Act.
(h) The changes made to this Section by Public Act 99-47
this amendatory Act of the 99th General Assembly shall not
diminish or impair the rights of any person, whether a
distiller, wine manufacturer, agent, or affiliate thereof, who
requested in writing and submitted documentation to the State
Commission on or before February 18, 2015 to be approved for a

retail license pursuant to what has heretofore been subsection
(f); provided that, on or before that date, the State
Commission considered the intent of that person to apply for
the retail license under that subsection and, by recorded vote,
the State Commission approved a resolution indicating that such
a license application could be lawfully approved upon that
person duly filing a formal application for a retail license
and if that person, within 90 days of the State Commission
appearance and recorded vote, first filed an application with
the appropriate local commission, which application was
subsequently approved by the appropriate local commission
prior to consideration by the State Commission of that person's
application for a retail license. It is further provided that
the State Commission may approve the person's application for a
retail license or renewals of such license if such person
continues to diligently adhere to all representations made in
writing to the State Commission on or before February 18, 2015,
or thereafter, or in the affidavit filed by that person with
the State Commission to support the issuance of a retail
license and to abide by all applicable laws and duly adopted
rules.
(Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15;
revised 10-30-15.)
(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) this amendatory
Act of 1998.
(c) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor
incidental to a restaurant if (1) the primary business of the
restaurant consists of the sale of food where the sale of
liquor is incidental to the sale of food and the applicant is a
completely new owner of the restaurant, (2) the immediately
prior owner or operator of the premises where the restaurant is
located operated the premises as a restaurant and held a valid
retail license authorizing the sale of alcoholic liquor at the
restaurant for at least part of the 24 months before the change
of ownership, and (3) the restaurant is located 75 or more feet
from a school.
(d) In the interest of further developing Illinois' economy
in the area of commerce, tourism, convention, and banquet
business, nothing in this Section shall prohibit issuance of a
retail license authorizing the sale of alcoholic beverages to a
restaurant, banquet facility, grocery store, or hotel having
not fewer than 150 guest room accommodations located in a
municipality of more than 500,000 persons, notwithstanding the
proximity of such hotel, restaurant, banquet facility, or
grocery store to any church or school, if the licensed premises
described on the license are located within an enclosed mall or
building of a height of at least 6 stories, or 60 feet in the

case of a building that has been registered as a national
landmark, or in a grocery store having a minimum of 56,010
square feet of floor space in a single story building in an
open mall of at least 3.96 acres that is adjacent to a public
school that opened as a boys technical high school in 1934, or
in a grocery store having a minimum of 31,000 square feet of
floor space in a single story building located a distance of
more than 90 feet but less than 100 feet from a high school
that opened in 1928 as a junior high school and became a senior
high school in 1933, and in each of these cases if the sale of
alcoholic liquors is not the principal business carried on by
the licensee.
For purposes of this Section, a "banquet facility" is any
part of a building that caters to private parties and where the
sale of alcoholic liquors is not the principal business.
(e) Nothing in this Section shall prohibit the issuance of
a license to a church or private school to sell at retail
alcoholic liquor if any such sales are limited to periods when
groups are assembled on the premises solely for the promotion
of some common object other than the sale or consumption of
alcoholic liquors.
(f) Nothing in this Section shall prohibit a church or
church affiliated school located in a home rule municipality or
in a municipality with 75,000 or more inhabitants from locating
within 100 feet of a property for which there is a preexisting
license to sell alcoholic liquor at retail. In these instances,

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

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

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

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

(6) the premises is at least 3,200 square feet and sits
on a lot that is between 7,150 and 7,200 square feet; and
(7) the principal religious leader at the place of
worship has not indicated his or her opposition to the
issuance or renewal of the license in writing.
(m) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a church if:
(1) the premises and the church are perpendicular, and
the primary entrance of the premises faces South while the
primary entrance of the church faces West and the distance
between the two entrances is more than 100 feet;
(2) the shortest distance between the premises lot line
and the exterior wall of the church is at least 80 feet;
(3) the church was established at the current location
in 1916 and the present structure was erected in 1925;
(4) the premises is a single story, single use building
with at least 1,750 square feet and no more than 2,000
square feet;
(5) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(6) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises; and

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

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

church is at least 80 feet;
(2) the church was established at the current location
in 1889; and
(3) liquor has been sold on the premises since at least
1985.
(q) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a premises that is located in a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church-owned property if:
(1) the premises is located within a larger building
operated as a grocery store;
(2) the area of the premises does not exceed 720 square
feet and the area of the larger building exceeds 18,000
square feet;
(3) the larger building containing the premises is
within 100 feet of the nearest property line of a
church-owned property on which a church-affiliated school
is located;
(4) the sale of liquor is not the principal business
carried on within the larger building;
(5) the primary entrance of the larger building and the
premises and the primary entrance of the church-affiliated
school are on different, parallel streets, and the distance
between the 2 primary entrances is more than 100 feet;

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

(5) the restaurant has held a license authorizing the
sale of alcoholic liquor on the premises for more than 40
years.
(s) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit renewal of a
license authorizing the sale of alcoholic liquor at a premises
that is located within a municipality with a population more
than 5,000 and less than 10,000 and is within 100 feet of a
church if:
(1) the church was established at the location within
100 feet of the premises after a license for the sale of
alcoholic liquor at the premises was first issued;
(2) a license for sale of alcoholic liquor at the
premises was first issued before January 1, 2007; and
(3) a license for the sale of alcoholic liquor on the
premises has been continuously in effect since January 1,
2007, except for interruptions between licenses of no more
than 90 days.
(t) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant that
is established in a premises that is located in a municipality
with a population in excess of 1,000,000 inhabitants and within
100 feet of a school and a church if:
(1) the restaurant is located inside a five-story

building with over 16,800 square feet of commercial space;
(2) the area of the premises does not exceed 31,050
square feet;
(3) the area of the restaurant does not exceed 5,800
square feet;
(4) the building has no less than 78 condominium units;
(5) the construction of the building in which the
restaurant is located was completed in 2006;
(6) the building has 10 storefront properties, 3 of
which are used for the restaurant;
(7) the restaurant will open for business in 2010;
(8) the building is north of the school and separated
by an alley; and
(9) the principal religious leader of the church and
either the alderman of the ward in which the school is
located or the principal of the school have delivered a
written statement to the local liquor control commissioner
stating that he or she does not object to the issuance of a
license under this subsection (t).
(u) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 1,000,000 inhabitants and within 100 feet of a school
if:
(1) the premises operates as a restaurant and has been

in operation since February 2008;
(2) the applicant is the owner of the premises;
(3) the sale of alcoholic liquor is incidental to the
sale of food;
(4) the sale of alcoholic liquor is not the principal
business carried on by the licensee on the premises;
(5) the premises occupy the first floor of a 3-story
building that is at least 90 years old;
(6) the rear lot of the school and the rear corner of
the building that the premises occupy are separated by an
alley;
(7) the distance from the southwest corner of the
property line of the school and the northeast corner of the
building that the premises occupy is at least 16 feet, 5
inches;
(8) the distance from the rear door of the premises to
the southwest corner of the property line of the school is
at least 93 feet;
(9) the school is a City of Chicago School District 299
school;
(10) the school's main structure was erected in 1902
and an addition was built to the main structure in 1959;
and
(11) the principal of the school and the alderman in
whose district the premises are located have expressed, in
writing, their support for the issuance of the license.

(v) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
(1) the total land area of the premises for which the
license or renewal is sought is more than 600,000 square
feet;
(2) the premises for which the license or renewal is
sought has more than 600 parking stalls;
(3) the total area of all buildings on the premises for
which the license or renewal is sought exceeds 140,000
square feet;
(4) the property line of the premises for which the
license or renewal is sought is separated from the property
line of the school by a street;
(5) the distance from the school's property line to the
property line of the premises for which the license or
renewal is sought is at least 60 feet;
(6) as of June 14, 2011 (the effective date of Public
Act 97-9) this amendatory Act of the 97th General Assembly,
the premises for which the license or renewal is sought is
located in the Illinois Medical District.
(w) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance

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

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

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

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

a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at
the premises;
(3) the licensee is a national retail chain having over
100 locations within the municipality;
(4) the licensee has over 8,000 locations nationwide;
(5) the licensee has locations in all 50 states;
(6) the premises is located in the North-East quadrant
of the municipality;
(7) the premises is located across the street from a
national grocery chain outlet;
(8) the premises has approximately 16,148 square feet
of retail space;
(9) the premises has approximately 992 square feet of
pharmacy space;
(10) the premises is located on a major arterial street
that runs north-south and accepts truck traffic; and
(11) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license.
(bb) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic

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

a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at
the premises;
(3) the licensee is a national retail chain;
(4) as of October 25, 2011, the licensee has 1,767
stores operating nationwide, 87 stores operating in the
State, and 10 stores operating within the municipality;
(5) the licensee shall occupy approximately 124,000
square feet of space in the basement and first and second
floors of a building located across the street from a
school;
(6) the school opened in August of 2009 and occupies
approximately 67,000 square feet of space; and
(7) the building in which the premises shall be located
has been listed on the National Register of Historic Places
since April 17, 1970.
(dd) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at a premises that
is located within a municipality with a population in excess of
1,000,000 inhabitants and is within 100 feet of a school if:
(1) the premises is constructed on land that was

purchased from the municipality at a fair market price;
(2) the premises is constructed on land that was
previously used as a parking facility for public safety
employees;
(3) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(4) the main entrance to the store is more than 100
feet from the main entrance to the school;
(5) the premises is to be new construction;
(6) the school is a private school;
(7) the principal of the school has given written
approval for the license;
(8) the alderman of the ward where the premises is
located has given written approval of the issuance of the
license;
(9) the grocery store level of the premises is between
60,000 and 70,000 square feet; and
(10) the owner and operator of the grocery store
operates 2 other grocery stores that have alcoholic liquor
licenses within the same municipality.
(ee) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at a premises that
is located within a municipality with a population in excess of
1,000,000 inhabitants and is within 100 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;
and
(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) (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 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) (yy); 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.
(Source: P.A. 98-274, eff. 8-9-13; 98-463, eff. 8-16-13;
98-571, eff. 8-27-13; 98-592, eff. 11-15-13; 98-1092, eff.
8-26-14; 98-1158, eff. 1-9-15; 99-46, eff. 7-15-15; 99-47, eff.
7-15-15; 99-477, eff. 8-27-15; 99-484, eff. 10-30-15; revised
11-4-15.)
Section 395. The Grain Code is amended by changing Section
15-10 as follows:
(240 ILCS 40/15-10)
Sec. 15-10. De minimis minimus violations.
(a) If a licensee commits a de minimis minimus violation of
this Code, the Director may, in his or her discretion, and
without further action, issue a warning letter to the licensee.
(b) For the purposes of this Article, a de minimis minimus
violation exists when a licensee:
(1) violates the maximum allowable speculative limits
of item (a)(2) of Section 10-10 by 1,000 bushels or less;
(2) has total grain quantity deficiency violations
that do not exceed $1,000 as determined by the formula set
forth in subsection (c) of Section 15-20; or

(3) has total grain quality deficiency violations that
do not exceed $1,000 as determined by the formula set forth
in subsection (d) of Section 15-20.
(Source: P.A. 89-287, eff. 1-1-96; revised 10-21-15.)
Section 400. The Illinois Public Aid Code is amended by
changing Sections 5-5, 5-5e, 5-16.8, 5-30, 10-25, and 10-25.5
as follows:
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
(Text of Section before amendment by P.A. 99-407)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the rate
of reimbursement for the medical assistance for which payment
will be authorized, and the medical services to be provided,
which may include all or part of the following: (1) inpatient
hospital services; (2) outpatient hospital services; (3) other
laboratory and X-ray services; (4) skilled nursing home
services; (5) physicians' services whether furnished in the
office, the patient's home, a hospital, a skilled nursing home,
or elsewhere; (6) medical care, or any other type of remedial
care furnished by licensed practitioners; (7) home health care
services; (8) private duty nursing service; (9) clinic
services; (10) dental services, including prevention and
treatment of periodontal disease and dental caries disease for
pregnant women, provided by an individual licensed to practice

dentistry or dental surgery; for purposes of this item (10),
"dental services" means diagnostic, preventive, or corrective
procedures provided by or under the supervision of a dentist in
the practice of his or her profession; (11) physical therapy
and related services; (12) prescribed drugs, dentures, and
prosthetic devices; and eyeglasses prescribed by a physician
skilled in the diseases of the eye, or by an optometrist,
whichever the person may select; (13) other diagnostic,
screening, preventive, and rehabilitative services, including
to ensure that the individual's need for intervention or
treatment of mental disorders or substance use disorders or
co-occurring mental health and substance use disorders is
determined using a uniform screening, assessment, and
evaluation process inclusive of criteria, for children and
adults; for purposes of this item (13), a uniform screening,
assessment, and evaluation process refers to a process that
includes an appropriate evaluation and, as warranted, a
referral; "uniform" does not mean the use of a singular
instrument, tool, or process that all must utilize; (14)
transportation and such other expenses as may be necessary;
(15) medical treatment of sexual assault survivors, as defined
in Section 1a of the Sexual Assault Survivors Emergency
Treatment Act, for injuries sustained as a result of the sexual
assault, including examinations and laboratory tests to
discover evidence which may be used in criminal proceedings
arising from the sexual assault; (16) the diagnosis and

treatment of sickle cell anemia; and (17) any other medical
care, and any other type of remedial care recognized under the
laws of this State, but not including abortions, or induced
miscarriages or premature births, unless, in the opinion of a
physician, such procedures are necessary for the preservation
of the life of the woman seeking such treatment, or except an
induced premature birth intended to produce a live viable child
and such procedure is necessary for the health of the mother or
her unborn child. The Illinois Department, by rule, shall
prohibit any physician from providing medical assistance to
anyone eligible therefor under this Code where such physician
has been found guilty of performing an abortion procedure in a
wilful and wanton manner upon a woman who was not pregnant at
the time such abortion procedure was performed. The term "any
other type of remedial care" shall include nursing care and
nursing home service for persons who rely on treatment by
spiritual means alone through prayer for healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug Administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment

for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory
test order form. The Illinois Department may, however, impose
other appropriate requirements regarding laboratory test order
documentation.
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 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.
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) this amendatory Act of
1984, the Illinois Department shall establish a current list of
acquisition costs for all prosthetic devices and any other
items recognized as medical equipment and supplies

reimbursable under this Article and shall update such list on a
quarterly basis, except that the acquisition costs of all
prescription drugs shall be updated no less frequently than
every 30 days as required by Section 5-5.12.
The rules and regulations of the Illinois Department shall
require that a written statement including the required opinion
of a physician shall accompany any claim for reimbursement for
abortions, or induced miscarriages or premature births. This
statement shall indicate what procedures were used in providing
such medical services.
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 5 days of
receipt by the facility of required prescreening information,
data for new admissions shall be entered into the Medical
Electronic Data Interchange (MEDI) or the Recipient
Eligibility Verification (REV) System or successor system, and
within 15 days of receipt by the facility of required
prescreening information, admission documents shall be
submitted through MEDI or REV 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.
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.
(Source: P.A. 98-104, Article 9, Section 9-5, eff. 7-22-13;
98-104, Article 12, Section 12-20, eff. 7-22-13; 98-303, eff.
8-9-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756,
eff. 7-16-14; 98-963, eff. 8-15-14; 99-78, eff. 7-20-15;
99-180, eff. 7-29-15; 99-236, eff. 8-3-15; 99-433, eff.
8-21-15; 99-480, eff. 9-9-15; revised 10-13-15.)
(Text of Section after amendment by P.A. 99-407)
Sec. 5-5. Medical services. The Illinois Department, by

rule, shall determine the quantity and quality of and the rate
of reimbursement for the medical assistance for which payment
will be authorized, and the medical services to be provided,
which may include all or part of the following: (1) inpatient
hospital services; (2) outpatient hospital services; (3) other
laboratory and X-ray services; (4) skilled nursing home
services; (5) physicians' services whether furnished in the
office, the patient's home, a hospital, a skilled nursing home,
or elsewhere; (6) medical care, or any other type of remedial
care furnished by licensed practitioners; (7) home health care
services; (8) private duty nursing service; (9) clinic
services; (10) dental services, including prevention and
treatment of periodontal disease and dental caries disease for
pregnant women, provided by an individual licensed to practice
dentistry or dental surgery; for purposes of this item (10),
"dental services" means diagnostic, preventive, or corrective
procedures provided by or under the supervision of a dentist in
the practice of his or her profession; (11) physical therapy
and related services; (12) prescribed drugs, dentures, and
prosthetic devices; and eyeglasses prescribed by a physician
skilled in the diseases of the eye, or by an optometrist,
whichever the person may select; (13) other diagnostic,
screening, preventive, and rehabilitative services, including
to ensure that the individual's need for intervention or
treatment of mental disorders or substance use disorders or
co-occurring mental health and substance use disorders is

determined using a uniform screening, assessment, and
evaluation process inclusive of criteria, for children and
adults; for purposes of this item (13), a uniform screening,
assessment, and evaluation process refers to a process that
includes an appropriate evaluation and, as warranted, a
referral; "uniform" does not mean the use of a singular
instrument, tool, or process that all must utilize; (14)
transportation and such other expenses as may be necessary;
(15) medical treatment of sexual assault survivors, as defined
in Section 1a of the Sexual Assault Survivors Emergency
Treatment Act, for injuries sustained as a result of the sexual
assault, including examinations and laboratory tests to
discover evidence which may be used in criminal proceedings
arising from the sexual assault; (16) the diagnosis and
treatment of sickle cell anemia; and (17) any other medical
care, and any other type of remedial care recognized under the
laws of this State, but not including abortions, or induced
miscarriages or premature births, unless, in the opinion of a
physician, such procedures are necessary for the preservation
of the life of the woman seeking such treatment, or except an
induced premature birth intended to produce a live viable child
and such procedure is necessary for the health of the mother or
her unborn child. The Illinois Department, by rule, shall
prohibit any physician from providing medical assistance to
anyone eligible therefor under this Code where such physician
has been found guilty of performing an abortion procedure in a

wilful and wanton manner upon a woman who was not pregnant at
the time such abortion procedure was performed. The term "any
other type of remedial care" shall include nursing care and
nursing home service for persons who rely on treatment by
spiritual means alone through prayer for healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug Administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment
for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory
test order form. The Illinois Department may, however, impose
other appropriate requirements regarding laboratory test order
documentation.
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 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.
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) this amendatory Act of
1984, the Illinois Department shall establish a current list of
acquisition costs for all prosthetic devices and any other
items recognized as medical equipment and supplies
reimbursable under this Article and shall update such list on a
quarterly basis, except that the acquisition costs of all
prescription drugs shall be updated no less frequently than
every 30 days as required by Section 5-5.12.
The rules and regulations of the Illinois Department shall
require that a written statement including the required opinion
of a physician shall accompany any claim for reimbursement for

abortions, or induced miscarriages or premature births. This
statement shall indicate what procedures were used in providing
such medical services.
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 5 days of
receipt by the facility of required prescreening information,
data for new admissions shall be entered into the Medical
Electronic Data Interchange (MEDI) or the Recipient
Eligibility Verification (REV) System or successor system, and
within 15 days of receipt by the facility of required
prescreening information, admission documents shall be
submitted through MEDI or REV 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.
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.
(Source: P.A. 98-104, Article 9, Section 9-5, eff. 7-22-13;
98-104, Article 12, Section 12-20, eff. 7-22-13; 98-303, eff.
8-9-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756,
eff. 7-16-14; 98-963, eff. 8-15-14; 99-78, eff. 7-20-15;
99-180, eff. 7-29-15; 99-236, eff. 8-3-15; 99-407 (see Section
99 of P.A. 99-407 for its effective date); 99-433, eff.
8-21-15; 99-480, eff. 9-9-15; revised 10-13-15.)
(305 ILCS 5/5-5e)
Sec. 5-5e. Adjusted rates of reimbursement.
(a) Rates or payments for services in effect on June 30,
2012 shall be adjusted and services shall be affected as
required by any other provision of Public Act 97-689 this
amendatory Act of the 97th General Assembly. In addition, the
Department shall do the following:
(1) Delink the per diem rate paid for supportive living

facility services from the per diem rate paid for nursing
facility services, effective for services provided on or
after May 1, 2011.
(2) Cease payment for bed reserves in nursing
facilities and specialized mental health rehabilitation
facilities; for purposes of therapeutic home visits for
individuals scoring as TBI on the MDS 3.0, beginning June
1, 2015, the Department shall approve payments for bed
reserves in nursing facilities and specialized mental
health rehabilitation facilities that have at least a 90%
occupancy level and at least 80% of their residents are
Medicaid eligible. Payment shall be at a daily rate of 75%
of an individual's current Medicaid per diem and shall not
exceed 10 days in a calendar month.
(2.5) Cease payment for bed reserves for purposes of
inpatient hospitalizations to intermediate care facilities
for persons with development disabilities, except in the
instance of residents who are under 21 years of age.
(3) Cease payment of the $10 per day add-on payment to
nursing facilities for certain residents with
developmental disabilities.
(b) After the application of subsection (a),
notwithstanding any other provision of this Code to the
contrary and to the extent permitted by federal law, on and
after July 1, 2012, the rates of reimbursement for services and
other payments provided under this Code shall further be

reduced as follows:
(1) Rates or payments for physician services, dental
services, or community health center services reimbursed
through an encounter rate, and services provided under the
Medicaid Rehabilitation Option of the Illinois Title XIX
State Plan shall not be further reduced, except as provided
in Section 5-5b.1.
(2) Rates or payments, or the portion thereof, paid to
a provider that is operated by a unit of local government
or State University that provides the non-federal share of
such services shall not be further reduced, except as
provided in Section 5-5b.1.
(3) Rates or payments for hospital services delivered
by a hospital defined as a Safety-Net Hospital under
Section 5-5e.1 of this Code shall not be further reduced,
except as provided in Section 5-5b.1.
(4) Rates or payments for hospital services delivered
by a Critical Access Hospital, which is an Illinois
hospital designated as a critical care hospital by the
Department of Public Health in accordance with 42 CFR 485,
Subpart F, shall not be further reduced, except as provided
in Section 5-5b.1.
(5) Rates or payments for Nursing Facility Services
shall only be further adjusted pursuant to Section 5-5.2 of
this Code.
(6) Rates or payments for services delivered by long

term care facilities licensed under the ID/DD Community
Care Act or the MC/DD Act and developmental training
services shall not be further reduced.
(7) Rates or payments for services provided under
capitation rates shall be adjusted taking into
consideration the rates reduction and covered services
required by Public Act 97-689 this amendatory Act of the
97th General Assembly.
(8) For hospitals not previously described in this
subsection, the rates or payments for hospital services
shall be further reduced by 3.5%, except for payments
authorized under Section 5A-12.4 of this Code.
(9) For all other rates or payments for services
delivered by providers not specifically referenced in
paragraphs (1) through (8), rates or payments shall be
further reduced by 2.7%.
(c) Any assessment imposed by this Code shall continue and
nothing in this Section shall be construed to cause it to
cease.
(d) Notwithstanding any other provision of this Code to the
contrary, subject to federal approval under Title XIX of the
Social Security Act, for dates of service on and after July 1,
2014, rates or payments for services provided for the purpose
of transitioning children from a hospital to home placement or
other appropriate setting by a children's community-based
health care center authorized under the Alternative Health Care

Delivery Act shall be $683 per day.
(e) Notwithstanding any other provision of this Code to the
contrary, subject to federal approval under Title XIX of the
Social Security Act, for dates of service on and after July 1,
2014, rates or payments for home health visits shall be $72.
(f) Notwithstanding any other provision of this Code to the
contrary, subject to federal approval under Title XIX of the
Social Security Act, for dates of service on and after July 1,
2014, rates or payments for the certified nursing assistant
component of the home health agency rate shall be $20.
(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
98-1166, eff. 6-1-15; 99-2, eff. 3-26-15; 99-180, eff. 7-29-15;
revised 10-21-15.)
(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, and 356z.6 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;
revised 10-21-15.)
(305 ILCS 5/5-30)
Sec. 5-30. Care coordination.
(a) At least 50% of recipients eligible for comprehensive
medical benefits in all medical assistance programs or other
health benefit programs administered by the Department,
including the Children's Health Insurance Program Act and the
Covering ALL KIDS Health Insurance Act, shall be enrolled in a
care coordination program by no later than January 1, 2015. For
purposes of this Section, "coordinated care" or "care
coordination" means delivery systems where recipients will
receive their care from providers who participate under
contract in integrated delivery systems that are responsible
for providing or arranging the majority of care, including
primary care physician services, referrals from primary care
physicians, diagnostic and treatment services, behavioral
health services, in-patient and outpatient hospital services,

dental services, and rehabilitation and long-term care
services. The Department shall designate or contract for such
integrated delivery systems (i) to ensure enrollees have a
choice of systems and of primary care providers within such
systems; (ii) to ensure that enrollees receive quality care in
a culturally and linguistically appropriate manner; and (iii)
to ensure that coordinated care programs meet the diverse needs
of enrollees with developmental, mental health, physical, and
age-related disabilities.
(b) Payment for such coordinated care shall be based on
arrangements where the State pays for performance related to
health care outcomes, the use of evidence-based practices, the
use of primary care delivered through comprehensive medical
homes, the use of electronic medical records, and the
appropriate exchange of health information electronically made
either on a capitated basis in which a fixed monthly premium
per recipient is paid and full financial risk is assumed for
the delivery of services, or through other risk-based payment
arrangements.
(c) To qualify for compliance with this Section, the 50%
goal shall be achieved by enrolling medical assistance
enrollees from each medical assistance enrollment category,
including parents, children, seniors, and people with
disabilities to the extent that current State Medicaid payment
laws would not limit federal matching funds for recipients in
care coordination programs. In addition, services must be more

comprehensively defined and more risk shall be assumed than in
the Department's primary care case management program as of
January 25, 2011 (the effective date of Public Act 96-1501)
this amendatory Act of the 96th General Assembly.
(d) The Department shall report to the General Assembly in
a separate part of its annual medical assistance program
report, beginning April, 2012 until April, 2016, on the
progress and implementation of the care coordination program
initiatives established by the provisions of Public Act 96-1501
this amendatory Act of the 96th General Assembly. The
Department shall include in its April 2011 report a full
analysis of federal laws or regulations regarding upper payment
limitations to providers and the necessary revisions or
adjustments in rate methodologies and payments to providers
under this Code that would be necessary to implement
coordinated care with full financial risk by a party other than
the Department.
(e) Integrated Care Program for individuals with chronic
mental health conditions.
(1) The Integrated Care Program shall encompass
services administered to recipients of medical assistance
under this Article to prevent exacerbations and
complications using cost-effective, evidence-based
practice guidelines and mental health management
strategies.
(2) The Department may utilize and expand upon existing

contractual arrangements with integrated care plans under
the Integrated Care Program for providing the coordinated
care provisions of this Section.
(3) Payment for such coordinated care shall be based on
arrangements where the State pays for performance related
to mental health outcomes on a capitated basis in which a
fixed monthly premium per recipient is paid and full
financial risk is assumed for the delivery of services, or
through other risk-based payment arrangements such as
provider-based care coordination.
(4) The Department shall examine whether chronic
mental health management programs and services for
recipients with specific chronic mental health conditions
do any or all of the following:
(A) Improve the patient's overall mental health in
a more expeditious and cost-effective manner.
(B) Lower costs in other aspects of the medical
assistance program, such as hospital admissions,
emergency room visits, or more frequent and
inappropriate psychotropic drug use.
(5) The Department shall work with the facilities and
any integrated care plan participating in the program to
identify and correct barriers to the successful
implementation of this subsection (e) prior to and during
the implementation to best facilitate the goals and
objectives of this subsection (e).

(f) A hospital that is located in a county of the State in
which the Department mandates some or all of the beneficiaries
of the Medical Assistance Program residing in the county to
enroll in a Care Coordination Program, as set forth in Section
5-30 of this Code, shall not be eligible for any non-claims
based payments not mandated by Article V-A of this Code for
which it would otherwise be qualified to receive, unless the
hospital is a Coordinated Care Participating Hospital no later
than 60 days after June 14, 2012 (the effective date of Public
Act 97-689) this amendatory Act of the 97th General Assembly or
60 days after the first mandatory enrollment of a beneficiary
in a Coordinated Care program. For purposes of this subsection,
"Coordinated Care Participating Hospital" means a hospital
that meets one of the following criteria:
(1) The hospital has entered into a contract to provide
hospital services with one or more MCOs to enrollees of the
care coordination program.
(2) The hospital has not been offered a contract by a
care coordination plan that the Department has determined
to be a good faith offer and that pays at least as much as
the Department would pay, on a fee-for-service basis, not
including disproportionate share hospital adjustment
payments or any other supplemental adjustment or add-on
payment to the base fee-for-service rate, except to the
extent such adjustments or add-on payments are
incorporated into the development of the applicable MCO

capitated rates.
As used in this subsection (f), "MCO" means any entity
which contracts with the Department to provide services where
payment for medical services is made on a capitated basis.
(g) No later than August 1, 2013, the Department shall
issue a purchase of care solicitation for Accountable Care
Entities (ACE) to serve any children and parents or caretaker
relatives of children eligible for medical assistance under
this Article. An ACE may be a single corporate structure or a
network of providers organized through contractual
relationships with a single corporate entity. The solicitation
shall require that:
(1) An ACE operating in Cook County be capable of
serving at least 40,000 eligible individuals in that
county; an ACE operating in Lake, Kane, DuPage, or Will
Counties be capable of serving at least 20,000 eligible
individuals in those counties and an ACE operating in other
regions of the State be capable of serving at least 10,000
eligible individuals in the region in which it operates.
During initial periods of mandatory enrollment, the
Department shall require its enrollment services
contractor to use a default assignment algorithm that
ensures if possible an ACE reaches the minimum enrollment
levels set forth in this paragraph.
(2) An ACE must include at a minimum the following
types of providers: primary care, specialty care,

hospitals, and behavioral healthcare.
(3) An ACE shall have a governance structure that
includes the major components of the health care delivery
system, including one representative from each of the
groups listed in paragraph (2).
(4) An ACE must be an integrated delivery system,
including a network able to provide the full range of
services needed by Medicaid beneficiaries and system
capacity to securely pass clinical information across
participating entities and to aggregate and analyze that
data in order to coordinate care.
(5) An ACE must be capable of providing both care
coordination and complex case management, as necessary, to
beneficiaries. To be responsive to the solicitation, a
potential ACE must outline its care coordination and
complex case management model and plan to reduce the cost
of care.
(6) In the first 18 months of operation, unless the ACE
selects a shorter period, an ACE shall be paid care
coordination fees on a per member per month basis that are
projected to be cost neutral to the State during the term
of their payment and, subject to federal approval, be
eligible to share in additional savings generated by their
care coordination.
(7) In months 19 through 36 of operation, unless the
ACE selects a shorter period, an ACE shall be paid on a

pre-paid capitation basis for all medical assistance
covered services, under contract terms similar to Managed
Care Organizations (MCO), with the Department sharing the
risk through either stop-loss insurance for extremely high
cost individuals or corridors of shared risk based on the
overall cost of the total enrollment in the ACE. The ACE
shall be responsible for claims processing, encounter data
submission, utilization control, and quality assurance.
(8) In the fourth and subsequent years of operation, an
ACE shall convert to a Managed Care Community Network
(MCCN), as defined in this Article, or Health Maintenance
Organization pursuant to the Illinois Insurance Code,
accepting full-risk capitation payments.
The Department shall allow potential ACE entities 5 months
from the date of the posting of the solicitation to submit
proposals. After the solicitation is released, in addition to
the MCO rate development data available on the Department's
website, subject to federal and State confidentiality and
privacy laws and regulations, the Department shall provide 2
years of de-identified summary service data on the targeted
population, split between children and adults, showing the
historical type and volume of services received and the cost of
those services to those potential bidders that sign a data use
agreement. The Department may add up to 2 non-state government
employees with expertise in creating integrated delivery
systems to its review team for the purchase of care

solicitation described in this subsection. Any such
individuals must sign a no-conflict disclosure and
confidentiality agreement and agree to act in accordance with
all applicable State laws.
During the first 2 years of an ACE's operation, the
Department shall provide claims data to the ACE on its
enrollees on a periodic basis no less frequently than monthly.
Nothing in this subsection shall be construed to limit the
Department's mandate to enroll 50% of its beneficiaries into
care coordination systems by January 1, 2015, using all
available care coordination delivery systems, including Care
Coordination Entities (CCE), MCCNs, or MCOs, nor be construed
to affect the current CCEs, MCCNs, and MCOs selected to serve
seniors and persons with disabilities prior to that date.
Nothing in this subsection precludes the Department from
considering future proposals for new ACEs or expansion of
existing ACEs at the discretion of the Department.
(h) Department contracts with MCOs and other entities
reimbursed by risk based capitation shall have a minimum
medical loss ratio of 85%, shall require the entity to
establish an appeals and grievances process for consumers and
providers, and shall require the entity to provide a quality
assurance and utilization review program. Entities contracted
with the Department to coordinate healthcare regardless of risk
shall be measured utilizing the same quality metrics. The
quality metrics may be population specific. Any contracted

entity serving at least 5,000 seniors or people with
disabilities or 15,000 individuals in other populations
covered by the Medical Assistance Program that has been
receiving full-risk capitation for a year shall be accredited
by a national accreditation organization authorized by the
Department within 2 years after the date it is eligible to
become accredited. The requirements of this subsection shall
apply to contracts with MCOs entered into or renewed or
extended after June 1, 2013.
(h-5) The Department shall monitor and enforce compliance
by MCOs with agreements they have entered into with providers
on issues that include, but are not limited to, timeliness of
payment, payment rates, and processes for obtaining prior
approval. The Department may impose sanctions on MCOs for
violating provisions of those agreements that include, but are
not limited to, financial penalties, suspension of enrollment
of new enrollees, and termination of the MCO's contract with
the Department. As used in this subsection (h-5), "MCO" has the
meaning ascribed to that term in Section 5-30.1 of this Code.
(i) Unless otherwise required by federal law, Medicaid
Managed Care Entities shall not divulge, directly or
indirectly, including by sending a bill or explanation of
benefits, information concerning the sensitive health services
received by enrollees of the Medicaid Managed Care Entity to
any person other than providers and care coordinators caring
for the enrollee and employees of the entity in the course of

the entity's internal operations. The Medicaid Managed Care
Entity may divulge information concerning the sensitive health
services if the enrollee who received the sensitive health
services requests the information from the Medicaid Managed
Care Entity and authorized the sending of a bill or explanation
of benefits. Communications including, but not limited to,
statements of care received or appointment reminders either
directly or indirectly to the enrollee from the health care
provider, health care professional, and care coordinators,
remain permissible.
For the purposes of this subsection, the term "Medicaid
Managed Care Entity" includes Care Coordination Entities,
Accountable Care Entities, Managed Care Organizations, and
Managed Care Community Networks.
For purposes of this subsection, the term "sensitive health
services" means mental health services, substance abuse
treatment services, reproductive health services, family
planning services, services for sexually transmitted
infections and sexually transmitted diseases, and services for
sexual assault or domestic abuse. Services include prevention,
screening, consultation, examination, treatment, or follow-up.
Nothing in this subsection shall be construed to relieve a
Medicaid Managed Care Entity or the Department of any duty to
report incidents of sexually transmitted infections to the
Department of Public Health or to the local board of health in
accordance with regulations adopted under a statute or

ordinance or to report incidents of sexually transmitted
infections as necessary to comply with the requirements under
Section 5 of the Abused and Neglected Child Reporting Act or as
otherwise required by State or federal law.
The Department shall create policy in order to implement
the requirements in this subsection.
(j) (i) Managed Care Entities (MCEs), including MCOs and
all other care coordination organizations, shall develop and
maintain a written language access policy that sets forth the
standards, guidelines, and operational plan to ensure language
appropriate services and that is consistent with the standard
of meaningful access for populations with limited English
proficiency. The language access policy shall describe how the
MCEs will provide all of the following required services:
(1) Translation (the written replacement of text from
one language into another) of all vital documents and forms
as identified by the Department.
(2) Qualified interpreter services (the oral
communication of a message from one language into another
by a qualified interpreter).
(3) Staff training on the language access policy,
including how to identify language needs, access and
provide language assistance services, work with
interpreters, request translations, and track the use of
language assistance services.
(4) Data tracking that identifies the language need.

(5) Notification to participants on the availability
of language access services and on how to access such
services.
(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
99-106, eff. 1-1-16; 99-181, eff. 7-29-15; revised 10-26-15.)
(305 ILCS 5/10-25)
(Text of Section before amendment by P.A. 99-157)
Sec. 10-25. Administrative liens and levies on real
property for past-due child support.
(a) Notwithstanding any other State or local law to the
contrary, the State shall have a lien on all legal and
equitable interests of responsible relatives in their real
property in the amount of past-due child support owing pursuant
to an order for child support entered under Sections 10-10 and
10-11 of this Code, or under the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Uniform
Interstate Family Support Act, the Illinois Parentage Act of
1984, or the Illinois Parentage Act of 2015.
(b) The Illinois Department shall provide by rule for
notice to and an opportunity to be heard by each responsible
relative affected, and any final administrative decision
rendered by the Illinois Department shall be reviewed only
under and in accordance with the Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this

Section, the Illinois Department shall have the authority to
execute notices of administrative liens and levies, which shall
contain the name and address of the responsible relative, a
legal description of the real property to be levied, the fact
that a lien is being claimed for past-due child support, and
such other information as the Illinois Department may by rule
prescribe. The Illinois Department shall record the notice of
lien with the recorder or registrar of titles of the county or
counties in which the real estate is located.
(d) The State's lien under subsection (a) shall be
enforceable upon the recording or filing of a notice of lien
with the recorder or registrar of titles of the county or
counties in which the real estate is located. The lien shall be
prior to any lien thereafter recorded or filed and shall be
notice to a subsequent purchaser, assignor, or encumbrancer of
the existence and nature of the lien. The lien shall be
inferior to the lien of general taxes, special assessment, and
special taxes heretofore or hereafter levied by any political
subdivision or municipal corporation of the State.
In the event that title to the land to be affected by the
notice of lien is registered under the Registered Titles
(Torrens) Act, the notice shall be filed in the office of the
registrar of titles as a memorial or charge upon each folium of
the register of titles affected by the notice; but the State
shall not have a preference over the rights of any bona fide
purchaser, mortgagee, judgment creditor, or other lien holders

registered prior to the registration of the notice.
(e) The recorder or registrar of titles of each county
shall procure a file labeled "Child Support Lien Notices" and
an index book labeled "Child Support Lien Notices". When notice
of any lien is presented to the recorder or registrar of titles
for filing, the recorder or registrar of titles shall file it
in numerical order in the file and shall enter it
alphabetically in the index. The entry shall show the name and
last known address of the person named in the notice, the
serial number of the notice, the date and hour of filing, and
the amount of child support due at the time when the lien is
filed.
(f) The Illinois Department shall not be required to
furnish bond or make a deposit for or pay any costs or fees of
any court or officer thereof in any legal proceeding involving
the lien.
(g) To protect the lien of the State for past-due child
support, the Illinois Department may, from funds that are
available for that purpose, pay or provide for the payment of
necessary or essential repairs, purchase tax certificates, pay
balances due on land contracts, or pay or cause to be satisfied
any prior liens on the property to which the lien hereunder
applies.
(h) A lien on real property under this Section shall be
released pursuant to Section 12-101 of the Code of Civil
Procedure.

(i) The Illinois Department, acting in behalf of the State,
may foreclose the lien in a judicial proceeding to the same
extent and in the same manner as in the enforcement of other
liens. The process, practice, and procedure for the foreclosure
shall be the same as provided in the Code of Civil Procedure.
(Source: P.A. 99-85, eff. 1-1-16.)
(Text of Section after amendment by P.A. 99-157)
Sec. 10-25. Administrative liens and levies on real
property for past-due child support and for fines against a
payor who wilfully fails to withhold or pay over income
pursuant to a properly served income withholding notice or
otherwise fails to comply with any duties imposed by the Income
Withholding for Support Act.
(a) Notwithstanding any other State or local law to the
contrary, the State shall have a lien on all legal and
equitable interests of responsible relatives in their real
property in the amount of past-due child support owing pursuant
to an order for child support entered under Sections 10-10 and
10-11 of this Code, or under the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Uniform
Interstate Family Support Act, the Illinois Parentage Act of
1984, or the Illinois Parentage Act of 2015.
(a-5) The State shall have a lien on all legal and
equitable interests of a payor, as that term is described in

the Income Withholding for Support Act, in the payor's real
property in the amount of any fine imposed by the Illinois
Department pursuant to the Income Withholding for Support Act.
(b) The Illinois Department shall provide by rule for
notice to and an opportunity to be heard by each responsible
relative or payor affected, and any final administrative
decision rendered by the Illinois Department shall be reviewed
only under and in accordance with the Administrative Review
Law.
(c) When enforcing a lien under subsection (a) of this
Section, the Illinois Department shall have the authority to
execute notices of administrative liens and levies, which shall
contain the name and address of the responsible relative or
payor, a legal description of the real property to be levied,
the fact that a lien is being claimed for past-due child
support or for the fines imposed on a payor pursuant to the
Income Withholding for Support Act, and such other information
as the Illinois Department may by rule prescribe. The Illinois
Department shall record the notice of lien with the recorder or
registrar of titles of the county or counties in which the real
estate is located.
(d) The State's lien under subsection (a) shall be
enforceable upon the recording or filing of a notice of lien
with the recorder or registrar of titles of the county or
counties in which the real estate is located. The lien shall be
prior to any lien thereafter recorded or filed and shall be

notice to a subsequent purchaser, assignor, or encumbrancer of
the existence and nature of the lien. The lien shall be
inferior to the lien of general taxes, special assessment, and
special taxes heretofore or hereafter levied by any political
subdivision or municipal corporation of the State.
In the event that title to the land to be affected by the
notice of lien is registered under the Registered Titles
(Torrens) Act, the notice shall be filed in the office of the
registrar of titles as a memorial or charge upon each folium of
the register of titles affected by the notice; but the State
shall not have a preference over the rights of any bona fide
purchaser, mortgagee, judgment creditor, or other lien holders
registered prior to the registration of the notice.
(e) The recorder or registrar of titles of each county
shall procure a file labeled "Child Support Lien Notices" and
an index book labeled "Child Support Lien Notices". When notice
of any lien is presented to the recorder or registrar of titles
for filing, the recorder or registrar of titles shall file it
in numerical order in the file and shall enter it
alphabetically in the index. The entry shall show the name and
last known address of the person or payor named in the notice,
the serial number of the notice, the date and hour of filing,
and the amount of child support or the amount of the fine
imposed on the payor due at the time when the lien is filed.
(f) The Illinois Department shall not be required to
furnish bond or make a deposit for or pay any costs or fees of

any court or officer thereof in any legal proceeding involving
the lien.
(g) To protect the lien of the State for past-due child
support and for any fine imposed against a payor, the Illinois
Department may, from funds that are available for that purpose,
pay or provide for the payment of necessary or essential
repairs, purchase tax certificates, pay balances due on land
contracts, or pay or cause to be satisfied any prior liens on
the property to which the lien hereunder applies.
(h) A lien on real property under this Section shall be
released pursuant to Section 12-101 of the Code of Civil
Procedure.
(i) The Illinois Department, acting in behalf of the State,
may foreclose the lien in a judicial proceeding to the same
extent and in the same manner as in the enforcement of other
liens. The process, practice, and procedure for the foreclosure
shall be the same as provided in the Code of Civil Procedure.
(Source: P.A. 99-85, eff. 1-1-16; 99-157, eff. 7-1-17; revised
10-26-15.)
(305 ILCS 5/10-25.5)
(Text of Section before amendment by P.A. 99-157)
Sec. 10-25.5. Administrative liens and levies on personal
property for past-due child support.
(a) Notwithstanding any other State or local law to the
contrary, the State shall have a lien on all legal and

equitable interests of responsible relatives in their personal
property, including any account in a financial institution as
defined in Section 10-24, or in the case of an insurance
company or benefit association only in accounts as defined in
Section 10-24, in the amount of past-due child support owing
pursuant to an order for child support entered under Sections
10-10 and 10-11 of this Code, or under the Illinois Marriage
and Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Uniform
Interstate Family Support Act, the Illinois Parentage Act of
1984, or the Illinois Parentage Act of 2015.
(b) The Illinois Department shall provide by rule for
notice to and an opportunity to be heard by each responsible
relative affected, and any final administrative decision
rendered by the Illinois Department shall be reviewed only
under and in accordance with the Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this
Section, the Illinois Department shall have the authority to
execute notices of administrative liens and levies, which shall
contain the name and address of the responsible relative, a
description of the property to be levied, the fact that a lien
is being claimed for past-due child support, and such other
information as the Illinois Department may by rule prescribe.
The Illinois Department may serve the notice of lien or levy
upon any financial institution where the accounts as defined in
Section 10-24 of the responsible relative may be held, for

encumbrance or surrender of the accounts as defined in Section
10-24 by the financial institution.
(d) The Illinois Department shall enforce its lien against
the responsible relative's personal property, other than
accounts as defined in Section 10-24 in financial institutions,
and levy upon such personal property in the manner provided for
enforcement of judgments contained in Article XII of the Code
of Civil Procedure.
(e) The Illinois Department shall not be required to
furnish bond or make a deposit for or pay any costs or fees of
any court or officer thereof in any legal proceeding involving
the lien.
(f) To protect the lien of the State for past-due child
support, the Illinois Department may, from funds that are
available for that purpose, pay or provide for the payment of
necessary or essential repairs, purchase tax certificates, or
pay or cause to be satisfied any prior liens on the property to
which the lien hereunder applies.
(g) A lien on personal property under this Section shall be
released in the manner provided under Article XII of the Code
of Civil Procedure. Notwithstanding the foregoing, a lien under
this Section on accounts as defined in Section 10-24 shall
expire upon the passage of 120 days from the date of issuance
of the Notice of Lien or Levy by the Illinois Department.
However, the lien shall remain in effect during the pendency of
any appeal or protest.

(h) A lien created under this Section is subordinate to any
prior lien of the financial institution or any prior lien
holder or any prior right of set-off that the financial
institution may have against the assets, or in the case of an
insurance company or benefit association only in the accounts
as defined in Section 10-24.
(i) A financial institution has no obligation under this
Section to hold, encumber, or surrender the assets, or in the
case of an insurance company or benefit association only the
accounts as defined in Section 10-24, until the financial
institution has been properly served with a subpoena, summons,
warrant, court or administrative order, or administrative lien
and levy requiring that action.
(Source: P.A. 99-85, eff. 1-1-16.)
(Text of Section after amendment by P.A. 99-157)
Sec. 10-25.5. Administrative liens and levies on personal
property for past-due child support and for fines against a
payor who wilfully fails to withhold or pay over income
pursuant to a properly served income withholding notice or
otherwise fails to comply with any duties imposed by the Income
Withholding for Support Act.
(a) Notwithstanding any other State or local law to the
contrary, the State shall have a lien on all legal and
equitable interests of responsible relatives in their personal
property, including any account in a financial institution as

defined in Section 10-24, or in the case of an insurance
company or benefit association only in accounts as defined in
Section 10-24, in the amount of past-due child support owing
pursuant to an order for child support entered under Sections
10-10 and 10-11 of this Code, or under the Illinois Marriage
and Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Uniform
Interstate Family Support Act, the Illinois Parentage Act of
1984, or the Illinois Parentage Act of 2015.
(a-5) The State shall have a lien on all legal and
equitable interests of a payor, as that term is described in
the Income Withholding for Support Act, in the payor's personal
property in the amount of any fine imposed by the Illinois
Department pursuant to the Income Withholding for Support Act.
(b) The Illinois Department shall provide by rule for
notice to and an opportunity to be heard by each responsible
relative or payor affected, and any final administrative
decision rendered by the Illinois Department shall be reviewed
only under and in accordance with the Administrative Review
Law.
(c) When enforcing a lien under subsection (a) of this
Section, the Illinois Department shall have the authority to
execute notices of administrative liens and levies, which shall
contain the name and address of the responsible relative or
payor, a description of the property to be levied, the fact
that a lien is being claimed for past-due child support, and

such other information as the Illinois Department may by rule
prescribe. The Illinois Department may serve the notice of lien
or levy upon any financial institution where the accounts as
defined in Section 10-24 of the responsible relative may be
held, for encumbrance or surrender of the accounts as defined
in Section 10-24 by the financial institution.
(d) The Illinois Department shall enforce its lien against
the responsible relative's or payor's personal property, other
than accounts as defined in Section 10-24 in financial
institutions, and levy upon such personal property in the
manner provided for enforcement of judgments contained in
Article XII of the Code of Civil Procedure.
(e) The Illinois Department shall not be required to
furnish bond or make a deposit for or pay any costs or fees of
any court or officer thereof in any legal proceeding involving
the lien.
(f) To protect the lien of the State for past-due child
support and for any fine imposed on a payor, the Illinois
Department may, from funds that are available for that purpose,
pay or provide for the payment of necessary or essential
repairs, purchase tax certificates, or pay or cause to be
satisfied any prior liens on the property to which the lien
hereunder applies.
(g) A lien on personal property under this Section shall be
released in the manner provided under Article XII of the Code
of Civil Procedure. Notwithstanding the foregoing, a lien under

this Section on accounts as defined in Section 10-24 shall
expire upon the passage of 120 days from the date of issuance
of the Notice of Lien or Levy by the Illinois Department.
However, the lien shall remain in effect during the pendency of
any appeal or protest.
(h) A lien created under this Section is subordinate to any
prior lien of the financial institution or any prior lien
holder or any prior right of set-off that the financial
institution may have against the assets, or in the case of an
insurance company or benefit association only in the accounts
as defined in Section 10-24.
(i) A financial institution has no obligation under this
Section to hold, encumber, or surrender the assets, or in the
case of an insurance company or benefit association only the
accounts as defined in Section 10-24, until the financial
institution has been properly served with a subpoena, summons,
warrant, court or administrative order, or administrative lien
and levy requiring that action.
(Source: P.A. 99-85, eff. 1-1-16; 99-157, eff. 7-1-17; revised
10-27-15.)
Section 405. The Adult Protective Services Act is amended
by changing Section 8 as follows:
(320 ILCS 20/8) (from Ch. 23, par. 6608)
Sec. 8. Access to records. All records concerning reports

of abuse, neglect, financial exploitation, or self-neglect and
all records generated as a result of such reports shall be
confidential and shall not be disclosed except as specifically
authorized by this Act or other applicable law. In accord with
established law and Department protocols, procedures, and
policies, access to such records, but not access to the
identity of the person or persons making a report of alleged
abuse, neglect, financial exploitation, or self-neglect as
contained in such records, shall be provided, upon request, to
the following persons and for the following persons:
(1) Department staff, provider agency staff, other
aging network staff, and regional administrative agency
staff, including staff of the Chicago Department on Aging
while that agency is designated as a regional
administrative agency, in the furtherance of their
responsibilities under this Act;
(1.5) A representative of the public guardian acting in
the course of investigating the appropriateness of
guardianship for the eligible adult or while pursuing a
petition for guardianship of the eligible adult pursuant to
the Probate Act of 1975;
(2) A law enforcement agency investigating known or
suspected abuse, neglect, financial exploitation, or
self-neglect. Where a provider agency has reason to believe
that the death of an eligible adult may be the result of
abuse or neglect, including any reports made after death,

the agency shall immediately provide the appropriate law
enforcement agency with all records pertaining to the
eligible adult;
(2.5) A law enforcement agency, fire department
agency, or fire protection district having proper
jurisdiction pursuant to a written agreement between a
provider agency and the law enforcement agency, fire
department agency, or fire protection district under which
the provider agency may furnish to the law enforcement
agency, fire department agency, or fire protection
district a list of all eligible adults who may be at
imminent risk of abuse, neglect, financial exploitation,
or self-neglect;
(3) A physician who has before him or her or who is
involved in the treatment of an eligible adult whom he or
she reasonably suspects may be abused, neglected,
financially exploited, or self-neglected or who has been
referred to the Adult Protective Services Program;
(4) An eligible adult reported to be abused, neglected,
financially exploited, or self-neglected, or such adult's
authorized guardian or agent, unless such guardian or agent
is the abuser or the alleged abuser;
(4.5) An executor or administrator of the estate of an
eligible adult who is deceased;
(5) In cases regarding abuse, neglect, or financial
exploitation, a court or a guardian ad litem, upon its or

his or her finding that access to such records may be
necessary for the determination of an issue before the
court. However, such access shall be limited to an in
camera inspection of the records, unless the court
determines that disclosure of the information contained
therein is necessary for the resolution of an issue then
pending before it;
(5.5) In cases regarding self-neglect, a guardian ad
litem;
(6) A grand jury, upon its determination that access to
such records is necessary in the conduct of its official
business;
(7) Any person authorized by the Director, in writing,
for audit or bona fide research purposes;
(8) A coroner or medical examiner who has reason to
believe that an eligible adult has died as the result of
abuse, neglect, financial exploitation, or self-neglect.
The provider agency shall immediately provide the coroner
or medical examiner with all records pertaining to the
eligible adult;
(8.5) A coroner or medical examiner having proper
jurisdiction, pursuant to a written agreement between a
provider agency and the coroner or medical examiner, under
which the provider agency may furnish to the office of the
coroner or medical examiner a list of all eligible adults
who may be at imminent risk of death as a result of abuse,

neglect, financial exploitation, or self-neglect;
(9) Department of Financial and Professional
Regulation staff and members of the Illinois Medical
Disciplinary Board or the Social Work Examining and
Disciplinary Board in the course of investigating alleged
violations of the Clinical Social Work and Social Work
Practice Act by provider agency staff or other licensing
bodies at the discretion of the Director of the Department
on Aging;
(9-a) Department of Healthcare and Family Services
staff and provider agency staff when that Department is
funding services to the eligible adult, including access to
the identity of the eligible adult;
(9-b) Department of Human Services staff and provider
agency staff when that Department is funding services to
the eligible adult or is providing reimbursement for
services provided by the abuser or alleged abuser,
including access to the identity of the eligible adult;
(10) Hearing officers in the course of conducting an
administrative hearing under this Act; parties to such
hearing shall be entitled to discovery as established by
rule;
(11) A caregiver who challenges placement on the
Registry shall be given the statement of allegations in the
abuse report and the substantiation decision in the final
investigative report; and

(12) The Illinois Guardianship and Advocacy Commission
and the agency designated by the Governor under Section 1
of the Protection and Advocacy for Persons with
Developmental Disabilities Act shall have access, through
the Department, to records, including the findings,
pertaining to a completed or closed investigation of a
report of suspected abuse, neglect, financial
exploitation, or self-neglect of an eligible adult.
(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
99-143, eff. 7-27-15; 99-287, eff. 1-1-16; revised 10-26-15.)
Section 410. The Abused and Neglected Child Reporting Act
is amended by changing Section 7.8 as follows:
(325 ILCS 5/7.8)
(Text of Section before amendment by P.A. 99-350)
Sec. 7.8. Upon receiving an oral or written report of
suspected child abuse or neglect, the Department shall
immediately notify, either orally or electronically, the Child
Protective Service Unit of a previous report concerning a
subject of the present report or other pertinent information.
In addition, upon satisfactory identification procedures, to
be established by Department regulation, any person authorized
to have access to records under Section 11.1 relating to child
abuse and neglect may request and shall be immediately provided
the information requested in accordance with this Act. However,

no information shall be released unless it prominently states
the report is "indicated", and only information from
"indicated" reports shall be released, except that information
concerning pending reports may be released pursuant to Sections
7.14 and 7.22 of this Act to the attorney or guardian ad litem
appointed under Section 2-17 of the Juvenile Court Act of 1987
and to any person authorized under paragraphs (1), (2), (3) and
(11) of Section 11.1. In addition, State's Attorneys are
authorized to receive unfounded reports (i) for prosecution
purposes related to the transmission of false reports of child
abuse or neglect in violation of subsection (a), paragraph (7)
of Section 26-1 of the Criminal Code of 2012 or (ii) for the
purposes of screening and prosecuting a petition filed under
Article II of the Juvenile Court Act of 1987 alleging a
subsequent allegation of abuse or neglect relating to the same
child, a sibling of the child, or the same perpetrator; the
parties to the proceedings filed under Article II of the
Juvenile Court Act of 1987 are entitled to receive copies of
previously unfounded reports regarding the same child, a
sibling of the child, or the same perpetrator for purposes of
hearings under Sections 2-10 and 2-21 of the Juvenile Court Act
of 1987, and attorneys and guardians ad litem appointed under
Article II of the Juvenile Court Act of 1987 shall receive the
reports set forth in Section 7.14 of this Act in conformance
with paragraph (19) of Section 11.1 and Section 7.14 of this
Act. The names and other identifying data and the dates and the

circumstances of any persons requesting or receiving
information from the central register shall be entered in the
register record.
(Source: P.A. 98-807, eff. 8-1-14; 99-78, eff. 7-20-15; 99-349,
eff. 1-1-16.)
(Text of Section after amendment by P.A. 99-350)
Sec. 7.8. Upon receiving an oral or written report of
suspected child abuse or neglect, the Department shall
immediately notify, either orally or electronically, the Child
Protective Service Unit of a previous report concerning a
subject of the present report or other pertinent information.
In addition, upon satisfactory identification procedures, to
be established by Department regulation, any person authorized
to have access to records under Section 11.1 relating to child
abuse and neglect may request and shall be immediately provided
the information requested in accordance with this Act. However,
no information shall be released unless it prominently states
the report is "indicated", and only information from
"indicated" reports shall be released, except that information
concerning pending reports may be released pursuant to Sections
7.14 and 7.22 of this Act to the attorney or guardian ad litem
appointed under Section 2-17 of the Juvenile Court Act of 1987
and to any person authorized under paragraphs (1), (2), (3) and
(11) of Section 11.1. In addition, State's Attorneys are
authorized to receive unfounded reports (i) for prosecution

purposes related to the transmission of false reports of child
abuse or neglect in violation of subsection (a), paragraph (7)
of Section 26-1 of the Criminal Code of 2012 or (ii) for the
purposes of screening and prosecuting a petition filed under
Article II of the Juvenile Court Act of 1987 alleging a
subsequent allegation of abuse or neglect relating to the same
child, a sibling of the child, or the same perpetrator; the
parties to the proceedings filed under Article II of the
Juvenile Court Act of 1987 are entitled to receive copies of
previously unfounded reports regarding the same child, a
sibling of the child, or the same perpetrator for purposes of
hearings under Sections 2-10 and 2-21 of the Juvenile Court Act
of 1987, and attorneys and guardians ad litem appointed under
Article II of the Juvenile Court Act of 1987 shall receive the
reports set forth in Section 7.14 of this Act in conformance
with paragraph (19) of Section 11.1 and Section 7.14 of this
Act. The Department is authorized and required to release
information from unfounded reports, upon request by a person
who has access to the unfounded report as provided in this Act,
as necessary in its determination to protect children and adult
residents who are in child care facilities licensed by the
Department under the Child Care Act of 1969. The names and
other identifying data and the dates and the circumstances of
any persons requesting or receiving information from the
central register shall be entered in the register record.
(Source: P.A. 98-807, eff. 8-1-14; 99-78, eff. 7-20-15; 99-349,

eff. 1-1-16; 99-350, eff. 6-1-16; revised 10-27-15.)
Section 415. The Mental Health and Developmental
Disabilities Code is amended by changing Section 6-103.2 as
follows:
(405 ILCS 5/6-103.2)
Sec. 6-103.2. Developmental disability; notice. If a
person 14 years old or older is determined to be a person with
a developmental disability by a physician, clinical
psychologist, or qualified examiner, the physician, clinical
psychologist, or qualified examiner shall notify the
Department of Human Services within 7 days of making the
determination that the person has a developmental disability.
The Department of Human Services shall immediately update its
records and information relating to mental health and
developmental disabilities, and if appropriate, shall notify
the Department of State Police in a form and manner prescribed
by the Department of State Police. Information disclosed under
this Section shall remain privileged and confidential, and
shall not be redisclosed, except as required under subsection
(e) of Section 3.1 of the Firearm Owners Identification Card
Act, nor used for any other purpose. The method of providing
this information shall guarantee that the information is not
released beyond that which is necessary for the purpose of this
Section and shall be provided by rule by the Department of

Human Services. The identity of the person reporting under this
Section shall not be disclosed to the subject of the report.
The physician, clinical psychologist, or qualified
examiner making the determination and his or her employer may
not be held criminally, civilly, or professionally liable for
making or not making the notification required under this
Section, except for willful or wanton misconduct.
For purposes of this Section, "developmental disability"
"developmentally disabled" means a disability which is
attributable to any other condition which results in impairment
similar to that caused by an intellectual disability and which
requires services similar to those required by intellectually
disabled persons. The disability must originate before the age
of 18 years, be expected to continue indefinitely, and
constitute a substantial disability. This disability results,
in the professional opinion of a physician, clinical
psychologist, or qualified examiner, in significant functional
limitations in 3 or more of the following areas of major life
activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility; or
(v) self-direction.
"Determined to be a person with a developmental disability
developmentally disabled by a physician, clinical

psychologist, or qualified examiner" means in the professional
opinion of the physician, clinical psychologist, or qualified
examiner, a person is diagnosed, assessed, or evaluated as
having a developmental disability to be developmentally
disabled.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
eff. 7-27-15; revised 11-13-15.)
Section 420. The Community Services Act is amended by
changing the title of the Act as follows:
(405 ILCS 30/Act title)
An Act to facilitate the establishment of community
services for persons who are mentally ill,, alcohol dependent,
or addicted or who are persons with developmental disabilities.
Section 425. The Developmental Disability and Mental
Disability Services Act is amended by changing Sections 2-3 and
5-1 as follows:
(405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
Sec. 2-3. As used in this Article, unless the context
requires otherwise:
(a) "Agency" means an agency or entity licensed by the
Department pursuant to this Article or pursuant to the
Community Residential Alternatives Licensing Act.

(b) "Department" means the Department of Human Services, as
successor to the Department of Mental Health and Developmental
Disabilities.
(c) "Home-based services" means services provided to an
adult with a mental disability who lives in his or her own
home. These services include but are not limited to:
(1) home health services;
(2) case management;
(3) crisis management;
(4) training and assistance in self-care;
(5) personal care services;
(6) habilitation and rehabilitation services;
(7) employment-related services;
(8) respite care; and
(9) other skill training that enables a person to
become self-supporting.
(d) "Legal guardian" means a person appointed by a court of
competent jurisdiction to exercise certain powers on behalf of
an adult with a mental disability.
(e) "Adult with a mental disability" means a person over
the age of 18 years who lives in his or her own home; who needs
home-based services, but does not require 24-hour-a-day
supervision; and who has one of the following conditions:
severe autism, severe mental illness, a severe or profound
intellectual disability, or severe and multiple impairments.
(f) In one's "own home" means that an adult with a mental

disability lives alone; or that an adult with a mental
disability is in full-time residence with his or her parents,
legal guardian, or other relatives; or that an adult with a
mental disability is in full-time residence in a setting not
subject to licensure under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, the MC/DD Act, or the Child Care Act of
1969, as now or hereafter amended, with 3 or fewer other adults
unrelated to the adult with a mental disability who do not
provide home-based services to the adult with a mental
disability.
(g) "Parent" means the biological or adoptive parent of an
adult with a mental disability, or a person licensed as a
foster parent under the laws of this State who acts as a foster
parent to an adult with a mental disability.
(h) "Relative" means any of the following relationships by
blood, marriage or adoption: parent, son, daughter, brother,
sister, grandparent, uncle, aunt, nephew, niece, great
grandparent, great uncle, great aunt, stepbrother, stepsister,
stepson, stepdaughter, stepparent or first cousin.
(i) "Severe autism" means a lifelong developmental
disability which is typically manifested before 30 months of
age and is characterized by severe disturbances in reciprocal
social interactions; verbal and nonverbal communication and
imaginative activity; and repertoire of activities and
interests. A person shall be determined severely autistic, for

purposes of this Article, if both of the following are present:
(1) Diagnosis consistent with the criteria for
autistic disorder in the current edition of the Diagnostic
and Statistical Manual of Mental Disorders.
(2) Severe disturbances in reciprocal social
interactions; verbal and nonverbal communication and
imaginative activity; repertoire of activities and
interests. A determination of severe autism shall be based
upon a comprehensive, documented assessment with an
evaluation by a licensed clinical psychologist or
psychiatrist. A determination of severe autism shall not be
based solely on behaviors relating to environmental,
cultural or economic differences.
(j) "Severe mental illness" means the manifestation of all
of the following characteristics:
(1) A primary diagnosis of one of the major mental
disorders in the current edition of the Diagnostic and
Statistical Manual of Mental Disorders listed below:
(A) Schizophrenia disorder.
(B) Delusional disorder.
(C) Schizo-affective disorder.
(D) Bipolar affective disorder.
(E) Atypical psychosis.
(F) Major depression, recurrent.
(2) The individual's mental illness must substantially
impair his or her functioning in at least 2 of the

following areas:
(A) Self-maintenance.
(B) Social functioning.
(C) Activities of community living.
(D) Work skills.
(3) Disability must be present or expected to be
present for at least one year.
A determination of severe mental illness shall be based
upon a comprehensive, documented assessment with an evaluation
by a licensed clinical psychologist or psychiatrist, and shall
not be based solely on behaviors relating to environmental,
cultural or economic differences.
(k) "Severe or profound intellectual disability" means a
manifestation of all of the following characteristics:
(1) A diagnosis which meets Classification in Mental
Retardation or criteria in the current edition of the
Diagnostic and Statistical Manual of Mental Disorders for
severe or profound mental retardation (an IQ of 40 or
below). This must be measured by a standardized instrument
for general intellectual functioning.
(2) A severe or profound level of disturbed adaptive
behavior. This must be measured by a standardized adaptive
behavior scale or informal appraisal by the professional in
keeping with illustrations in Classification in Mental
Retardation, 1983.
(3) Disability diagnosed before age of 18.

A determination of a severe or profound intellectual
disability shall be based upon a comprehensive, documented
assessment with an evaluation by a licensed clinical
psychologist or certified school psychologist or a
psychiatrist, and shall not be based solely on behaviors
relating to environmental, cultural or economic differences.
(l) "Severe and multiple impairments" means the
manifestation of all of the following characteristics:
(1) The evaluation determines the presence of a
developmental disability which is expected to continue
indefinitely, constitutes a substantial disability and is
attributable to any of the following:
(A) Intellectual disability, which is defined as
general intellectual functioning that is 2 or more
standard deviations below the mean concurrent with
impairment of adaptive behavior which is 2 or more
standard deviations below the mean. Assessment of the
individual's intellectual functioning must be measured
by a standardized instrument for general intellectual
functioning.
(B) Cerebral palsy.
(C) Epilepsy.
(D) Autism.
(E) Any other condition which results in
impairment similar to that caused by an intellectual
disability and which requires services similar to

those required by persons with intellectual
disabilities.
(2) The evaluation determines multiple disabilities in
physical, sensory, behavioral or cognitive functioning
which constitute a severe or profound impairment
attributable to one or more of the following:
(A) Physical functioning, which severely impairs
the individual's motor performance that may be due to:
(i) Neurological, psychological or physical
involvement resulting in a variety of disabling
conditions such as hemiplegia, quadriplegia or
ataxia,
(ii) Severe organ systems involvement such as
congenital heart defect,
(iii) Physical abnormalities resulting in the
individual being non-mobile and non-ambulatory or
confined to bed and receiving assistance in
transferring, or
(iv) The need for regular medical or nursing
supervision such as gastrostomy care and feeding.
Assessment of physical functioning must be based
on clinical medical assessment by a physician licensed
to practice medicine in all its branches, using the
appropriate instruments, techniques and standards of
measurement required by the professional.
(B) Sensory, which involves severe restriction due

to hearing or visual impairment limiting the
individual's movement and creating dependence in
completing most daily activities. Hearing impairment
is defined as a loss of 70 decibels aided or speech
discrimination of less than 50% aided. Visual
impairment is defined as 20/200 corrected in the better
eye or a visual field of 20 degrees or less. Sensory
functioning must be based on clinical medical
assessment by a physician licensed to practice
medicine in all its branches using the appropriate
instruments, techniques and standards of measurement
required by the professional.
(C) Behavioral, which involves behavior that is
maladaptive and presents a danger to self or others, is
destructive to property by deliberately breaking,
destroying or defacing objects, is disruptive by
fighting, or has other socially offensive behaviors in
sufficient frequency or severity to seriously limit
social integration. Assessment of behavioral
functioning may be measured by a standardized scale or
informal appraisal by a clinical psychologist or
psychiatrist.
(D) Cognitive, which involves intellectual
functioning at a measured IQ of 70 or below. Assessment
of cognitive functioning must be measured by a
standardized instrument for general intelligence.

(3) The evaluation determines that development is
substantially less than expected for the age in cognitive,
affective or psychomotor behavior as follows:
(A) Cognitive, which involves intellectual
functioning at a measured IQ of 70 or below. Assessment
of cognitive functioning must be measured by a
standardized instrument for general intelligence.
(B) Affective behavior, which involves over and
under responding to stimuli in the environment and may
be observed in mood, attention to awareness, or in
behaviors such as euphoria, anger or sadness that
seriously limit integration into society. Affective
behavior must be based on clinical assessment using the
appropriate instruments, techniques and standards of
measurement required by the professional.
(C) Psychomotor, which includes a severe
developmental delay in fine or gross motor skills so
that development in self-care, social interaction,
communication or physical activity will be greatly
delayed or restricted.
(4) A determination that the disability originated
before the age of 18 years.
A determination of severe and multiple impairments shall be
based upon a comprehensive, documented assessment with an
evaluation by a licensed clinical psychologist or
psychiatrist.

If the examiner is a licensed clinical psychologist,
ancillary evaluation of physical impairment, cerebral palsy or
epilepsy must be made by a physician licensed to practice
medicine in all its branches.
Regardless of the discipline of the examiner, ancillary
evaluation of visual impairment must be made by an
ophthalmologist or a licensed optometrist.
Regardless of the discipline of the examiner, ancillary
evaluation of hearing impairment must be made by an
otolaryngologist or an audiologist with a certificate of
clinical competency.
The only exception to the above is in the case of a person
with cerebral palsy or epilepsy who, according to the
eligibility criteria listed below, has multiple impairments
which are only physical and sensory. In such a case, a
physician licensed to practice medicine in all its branches may
serve as the examiner.
(m) "Twenty-four-hour-a-day supervision" means
24-hour-a-day care by a trained mental health or developmental
disability professional on an ongoing basis.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
99-180, eff. 7-29-15; revised 10-15-15.)
(405 ILCS 80/5-1) (from Ch. 91 1/2, par. 1805-1)
Sec. 5-1. As the mental health and developmental
disabilities or intellectual disabilities authority for the

State of Illinois, the Department of Human Services shall have
the authority to license, certify and prescribe standards
governing the programs and services provided under this Act, as
well as all other agencies or programs which provide home-based
or community-based services to persons with mental
disabilities, except those services, programs or agencies
established under or otherwise subject to the Child Care Act of
1969, the Specialized Mental Health Rehabilitation Act of 2013,
the ID/DD Community Care Act, or the MC/DD Act, as now or
hereafter amended, and this Act shall not be construed to limit
the application of those Acts.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
99-180, eff. 7-29-15; revised 10-15-15.)
Section 430. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Section 5 as follows:
(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
Sec. 5. Minimum requirements for hospitals providing
hospital emergency services and forensic services to sexual
assault survivors.
(a) Every hospital providing hospital emergency services
and forensic services to sexual assault survivors under this
Act shall, as minimum requirements for such services, provide,
with the consent of the sexual assault survivor, and as ordered
by the attending physician, an advanced practice nurse, or a

physician assistant, the following:
(1) appropriate medical examinations and laboratory
tests required to ensure the health, safety, and welfare of
a sexual assault survivor or which may be used as evidence
in a criminal proceeding against a person accused of the
sexual assault, or both; and records of the results of such
examinations and tests shall be maintained by the hospital
and made available to law enforcement officials upon the
request of the sexual assault survivor;
(2) appropriate oral and written information
concerning the possibility of infection, sexually
transmitted disease and pregnancy resulting from sexual
assault;
(3) appropriate oral and written information
concerning accepted medical procedures, medication, and
possible contraindications of such medication available
for the prevention or treatment of infection or disease
resulting from sexual assault;
(4) an amount of medication for treatment at the
hospital and after discharge as is deemed appropriate by
the attending physician, an advanced practice nurse, or a
physician assistant and consistent with the hospital's
current approved protocol for sexual assault survivors;
(5) an evaluation of the sexual assault survivor's risk
of contracting human immunodeficiency virus (HIV) from the
sexual assault;

(6) written and oral instructions indicating the need
for follow-up examinations and laboratory tests after the
sexual assault to determine the presence or absence of
sexually transmitted disease;
(7) referral by hospital personnel for appropriate
counseling; and
(8) when HIV prophylaxis is deemed appropriate, an
initial dose or doses of HIV prophylaxis, along with
written and oral instructions indicating the importance of
timely follow-up healthcare.
(b) Any person who is a sexual assault survivor who seeks
emergency hospital services and forensic services or follow-up
healthcare under this Act shall be provided such services
without the consent of any parent, guardian, custodian,
surrogate, or agent.
(b-5) Every treating hospital providing hospital emergency
and forensic services to sexual assault survivors shall issue a
voucher to any sexual assault survivor who is eligible to
receive one. The hospital shall make a copy of the voucher and
place it in the medical record of the sexual assault survivor.
The hospital shall provide a copy of the voucher to the sexual
assault survivor after discharge upon request.
(c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital
emergency department.
(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;

revised 10-16-15.)
Section 435. The Compassionate Use of Medical Cannabis
Pilot Program Act is amended by changing Section 45 as follows:
(410 ILCS 130/45)
(Section scheduled to be repealed on January 1, 2018)
Sec. 45. Addition of debilitating medical conditions. Any
citizen may petition the Department of Public Health to add
debilitating conditions or treatments to the list of
debilitating medical conditions listed in subsection (h) of
Section 10. The Department of Public Health shall consider
petitions in the manner required by Department rule, including
public notice and hearing. The Department shall approve or deny
a petition within 180 days of its submission, and, upon
approval, shall proceed to add that condition by rule in
accordance with the Illinois Administrative Procedure Act. The
approval or denial of any petition is a final decision of the
Department, subject to judicial review. Jurisdiction and venue
are vested in the Circuit Court.
(Source: P.A. 98-122, eff. 1-1-14; revised 10-21-15.)
Section 440. The AIDS Confidentiality Act is amended by
changing Section 3 as follows:
(410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)

Sec. 3. Definitions. When used in this Act:
(a) "AIDS" means acquired immunodeficiency syndrome.
(b) "Authority" means the Illinois Health Information
Exchange Authority established pursuant to the Illinois Health
Information Exchange and Technology Act.
(c) "Business associate" has the meaning ascribed to it
under HIPAA, as specified in 45 CFR 160.103.
(d) "Covered entity" has the meaning ascribed to it under
HIPAA, as specified in 45 CFR 160.103.
(e) "De-identified information" means health information
that is not individually identifiable as described under HIPAA,
as specified in 45 CFR 164.514(b).
(f) "Department" means the Illinois Department of Public
Health or its designated agents.
(g) "Disclosure" has the meaning ascribed to it under
HIPAA, as specified in 45 CFR 160.103.
(h) "Health care operations" has the meaning ascribed to it
under HIPAA, as specified in 45 CFR 164.501.
(i) "Health care professional" means (i) a licensed
physician, (ii) a licensed physician assistant, (iii) a
licensed advanced practice nurse, (iv) an advanced practice
nurse or physician assistant who practices in a hospital or
ambulatory surgical treatment center and possesses appropriate
clinical privileges, (v) a licensed dentist, (vi) a licensed
podiatric physician, or (vii) an individual certified to
provide HIV testing and counseling by a state or local public

health department.
(j) "Health care provider" has the meaning ascribed to it
under HIPAA, as specified in 45 CFR 160.103.
(k) "Health facility" means a hospital, nursing home, blood
bank, blood center, sperm bank, or other health care
institution, including any "health facility" as that term is
defined in the Illinois Finance Authority Act.
(l) "Health information exchange" or "HIE" means a health
information exchange or health information organization that
oversees and governs the electronic exchange of health
information that (i) is established pursuant to the Illinois
Health Information Exchange and Technology Act, or any
subsequent amendments thereto, and any administrative rules
adopted thereunder; (ii) has established a data sharing
arrangement with the Authority; or (iii) as of August 16, 2013,
was designated by the Authority Board as a member of, or was
represented on, the Authority Board's Regional Health
Information Exchange Workgroup; provided that such designation
shall not require the establishment of a data sharing
arrangement or other participation with the Illinois Health
Information Exchange or the payment of any fee. In certain
circumstances, in accordance with HIPAA, an HIE will be a
business associate.
(m) "Health oversight agency" has the meaning ascribed to
it under HIPAA, as specified in 45 CFR 164.501.
(n) "HIPAA" means the Health Insurance Portability and

Accountability Act of 1996, Public Law 104-191, as amended by
the Health Information Technology for Economic and Clinical
Health Act of 2009, Public Law 111-05, and any subsequent
amendments thereto and any regulations promulgated thereunder.
(o) "HIV" means the human immunodeficiency virus.
(p) "HIV-related information" means the identity of a
person upon whom an HIV test is performed, the results of an
HIV test, as well as diagnosis, treatment, and prescription
information that reveals a patient is HIV-positive, including
such information contained in a limited data set. "HIV-related
information" does not include information that has been
de-identified in accordance with HIPAA.
(q) "Informed consent" means:
(1) where a health care provider, health care
professional, or health facility has implemented opt-in
testing, a process by which an individual or their legal
representative receives pre-test information, has an
opportunity to ask questions, and consents verbally or in
writing to the test without undue inducement or any element
of force, fraud, deceit, duress, or other form of
constraint or coercion; or
(2) where a health care provider, health care
professional, or health facility has implemented opt-out
testing, the individual or their legal representative has
been notified verbally or in writing that the test is
planned, has received pre-test information, has been given

the opportunity to ask questions and the opportunity to
decline testing, and has not declined testing; where such
notice is provided, consent for opt-out HIV testing may be
incorporated into the patient's general consent for
medical care on the same basis as are other screening or
diagnostic tests; a separate consent for opt-out HIV
testing is not required.
In addition, where the person providing informed consent is
a participant in an HIE, informed consent requires a fair
explanation that the results of the patient's HIV test will be
accessible through an HIE and meaningful disclosure of the
patient's opt-out right under Section 9.6 of this Act.
A health care provider, health care professional, or health
facility undertaking an informed consent process for HIV
testing under this subsection may combine a form used to obtain
informed consent for HIV testing with forms used to obtain
written consent for general medical care or any other medical
test or procedure, provided that the forms make it clear that
the subject may consent to general medical care, tests, or
procedures without being required to consent to HIV testing,
and clearly explain how the subject may decline HIV testing.
Health facility clerical staff or other staff responsible for
the consent form for general medical care may obtain consent
for HIV testing through a general consent form.
(r) "Limited data set" has the meaning ascribed to it under
HIPAA, as described in 45 CFR 164.514(e)(2).

(s) "Minimum necessary" means the HIPAA standard for using,
disclosing, and requesting protected health information found
in 45 CFR 164.502(b) and 164.514(d).
(s-1) "Opt-in testing" means an approach where an HIV test
is presented by offering the test and the patient accepts or
declines testing.
(s-3) "Opt-out testing" means an approach where an HIV test
is presented such that a patient is notified that HIV testing
may occur unless the patient declines.
(t) "Organized health care arrangement" has the meaning
ascribed to it under HIPAA, as specified in 45 CFR 160.103.
(u) "Patient safety activities" has the meaning ascribed to
it under 42 CFR 3.20.
(v) "Payment" has the meaning ascribed to it under HIPAA,
as specified in 45 CFR 164.501.
(w) "Person" includes any natural person, partnership,
association, joint venture, trust, governmental entity, public
or private corporation, health facility, or other legal entity.
(w-5) "Pre-test information" means:
(1) a reasonable explanation of the test, including its
purpose, potential uses, limitations, and the meaning of
its results; and
(2) a reasonable explanation of the procedures to be
followed, including the voluntary nature of the test, the
availability of a qualified person to answer questions, the
right to withdraw consent to the testing process at any

time, the right to anonymity to the extent provided by law
with respect to participation in the test and disclosure of
test results, and the right to confidential treatment of
information identifying the subject of the test and the
results of the test, to the extent provided by law.
Pre-test information may be provided in writing, verbally,
or by video, electronic, or other means and may be provided as
designated by the supervising health care professional or the
health facility.
For the purposes of this definition, a qualified person to
answer questions is a health care professional or, when acting
under the supervision of a health care professional, a
registered nurse, medical assistant, or other person
determined to be sufficiently knowledgeable about HIV testing,
its purpose, potential uses, limitations, the meaning of the
test results, and the testing procedures in the professional
judgment of a supervising health care professional or as
designated by a health care facility.
(x) "Protected health information" has the meaning
ascribed to it under HIPAA, as specified in 45 CFR 160.103.
(y) "Research" has the meaning ascribed to it under HIPAA,
as specified in 45 CFR 164.501.
(z) "State agency" means an instrumentality of the State of
Illinois and any instrumentality of another state that,
pursuant to applicable law or a written undertaking with an
instrumentality of the State of Illinois, is bound to protect

the privacy of HIV-related information of Illinois persons.
(aa) "Test" or "HIV test" means a test to determine the
presence of the antibody or antigen to HIV, or of HIV
infection.
(bb) "Treatment" has the meaning ascribed to it under
HIPAA, as specified in 45 CFR 164.501.
(cc) "Use" has the meaning ascribed to it under HIPAA, as
specified in 45 CFR 160.103, where context dictates.
(Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15; 99-54,
eff. 1-1-16; 99-173, eff. 7-29-15; revised 10-16-15.)
Section 445. The Illinois Sexually Transmissible Disease
Control Act is amended by changing Section 5.5 as follows:
(410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
Sec. 5.5. Risk assessment.
(a) Whenever the Department receives a report of HIV
infection or AIDS pursuant to this Act and the Department
determines that the subject of the report may present or may
have presented a possible risk of HIV transmission, the
Department shall, when medically appropriate, investigate the
subject of the report and that person's contacts as defined in
subsection (c), to assess the potential risks of transmission.
Any investigation and action shall be conducted in a timely
fashion. All contacts other than those defined in subsection
(c) shall be investigated in accordance with Section 5 of this

Act.
(b) If the Department determines that there is or may have
been potential risks of HIV transmission from the subject of
the report to other persons, the Department shall afford the
subject the opportunity to submit any information and comment
on proposed actions the Department intends to take with respect
to the subject's contacts who are at potential risk of
transmission of HIV prior to notification of the subject's
contacts. The Department shall also afford the subject of the
report the opportunity to notify the subject's contacts in a
timely fashion who are at potential risk of transmission of HIV
prior to the Department taking any steps to notify such
contacts. If the subject declines to notify such contacts or if
the Department determines the notices to be inadequate or
incomplete, the Department shall endeavor to notify such other
persons of the potential risk, and offer testing and counseling
services to these individuals. When the contacts are notified,
they shall be informed of the disclosure provisions of the AIDS
Confidentiality Act and the penalties therein and this Section.
(c) Contacts investigated under this Section shall in the
case of HIV infection include (i) individuals who have
undergone invasive procedures performed by an HIV infected
health care provider and (ii) health care providers who have
performed invasive procedures for persons infected with HIV,
provided the Department has determined that there is or may
have been potential risk of HIV transmission from the health

care provider to those individuals or from infected persons to
health care providers. The Department shall have access to the
subject's records to review for the identity of contacts. The
subject's records shall not be copied or seized by the
Department.
For purposes of this subsection, the term "invasive
procedures" means those procedures termed invasive by the
Centers for Disease Control in current guidelines or
recommendations for the prevention of HIV transmission in
health care settings, and the term "health care provider" means
any physician, dentist, podiatric physician, advanced practice
nurse, physician assistant, nurse, or other person providing
health care services of any kind.
(d) All information and records held by the Department and
local health authorities pertaining to activities conducted
pursuant to this Section shall be strictly confidential and
exempt from copying and inspection under the Freedom of
Information Act. Such information and records shall not be
released or made public by the Department or local health
authorities, and shall not be admissible as evidence, nor
discoverable in any action of any kind in any court or before
any tribunal, board, agency or person and shall be treated in
the same manner as the information and those records subject to
the provisions of Part 21 of Article VIII of the Code of Civil
Procedure except under the following circumstances:
(1) When made with the written consent of all persons

to whom this information pertains;
(2) When authorized under Section 8 to be released
under court order or subpoena pursuant to Section 12-5.01
or 12-16.2 of the Criminal Code of 1961 or the Criminal
Code of 2012; or
(3) When made by the Department for the purpose of
seeking a warrant authorized by Sections 6 and 7 of this
Act. Such disclosure shall conform to the requirements of
subsection (a) of Section 8 of this Act.
(e) Any person who knowingly or maliciously disseminates
any information or report concerning the existence of any
disease under this Section is guilty of a Class A misdemeanor.
(Source: P.A. 97-1150, eff. 1-25-13; 98-214, eff. 8-9-13;
98-756, eff. 7-16-14; revised 10-15-15.)
Section 450. The Food Handling Regulation Enforcement Act
is amended by changing Section 3.3 as follows:
(410 ILCS 625/3.3)
Sec. 3.3. Farmers' markets.
(a) The General Assembly finds as follows:
(1) Farmers' markets, as defined in subsection (b) of
this Section, provide not only a valuable marketplace for
farmers and food artisans to sell their products directly
to consumers, but also a place for consumers to access
fresh fruits, vegetables, and other agricultural products.

(2) Farmers' markets serve as a stimulator for local
economies and for thousands of new businesses every year,
allowing farmers to sell directly to consumers and capture
the full retail value of their products. They have become
important community institutions and have figured in the
revitalization of downtown districts and rural
communities.
(3) Since 1999, the number of farmers' markets has
tripled and new ones are being established every year.
There is a lack of consistent regulation from one county to
the next, resulting in confusion and discrepancies between
counties regarding how products may be sold.
(4) In 1999, the Department of Public Health published
Technical Information Bulletin/Food #30 in order to
outline the food handling and sanitation guidelines
required for farmers' markets, producer markets, and other
outdoor food sales events.
(5) While this bulletin was revised in 2010, there
continues to be inconsistencies, confusion, and lack of
awareness by consumers, farmers, markets, and local health
authorities of required guidelines affecting farmers'
markets from county to county.
(b) For the purposes of this Section:
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Farmers' market" means a common facility or area where the

primary purpose is for farmers to gather to sell a variety of
fresh fruits and vegetables and other locally produced farm and
food products directly to consumers.
(c) In order to facilitate the orderly and uniform
statewide implementation of the standards established in the
Department of Public Health's administrative rules for this
Section, the Farmers' Market Task Force shall be formed by the
Director to assist the Department in implementing statewide
administrative regulations for farmers' markets.
(d) This Section does not intend and shall not be construed
to limit the power of counties, municipalities, and other local
government units to regulate farmers' markets for the
protection of the public health, safety, morals, and welfare,
including, but not limited to, licensing requirements and time,
place, and manner restrictions. This Section provides for a
statewide scheme for the orderly and consistent interpretation
of the Department of Public Health administrative rules
pertaining to the safety of food and food products sold at
farmers' markets.
(e) The Farmers' Market Task Force shall consist of at
least 24 members appointed within 60 days after August 16, 2011
(the effective date of this Section). Task Force members shall
consist of:
(1) one person appointed by the President of the
Senate;
(2) one person appointed by the Minority Leader of the

Senate;
(3) one person appointed by the Speaker of the House of
Representatives;
(4) one person appointed by the Minority Leader of the
House of Representatives;
(5) the Director of Public Health or his or her
designee;
(6) the Director of Agriculture or his or her designee;
(7) a representative of a general agricultural
production association appointed by the Department of
Agriculture;
(8) three representatives of local county public
health departments appointed by the Director and selected
from 3 different counties representing each of the
northern, central, and southern portions of this State;
(9) four members of the general public who are engaged
in local farmers' markets appointed by the Director of
Agriculture;
(10) a representative of an association representing
public health administrators appointed by the Director;
(11) a representative of an organization of public
health departments that serve the City of Chicago and the
counties of Cook, DuPage, Kane, Kendall, Lake, McHenry,
Will, and Winnebago appointed by the Director;
(12) a representative of a general public health
association appointed by the Director;

(13) the Director of Commerce and Economic Opportunity
or his or her designee;
(14) the Lieutenant Governor or his or her designee;
and
(15) five farmers who sell their farm products at
farmers' markets appointed by the Lieutenant Governor or
his or her designee.
Task Force members' terms shall be for a period of 2 years,
with ongoing appointments made according to the provisions of
this Section.
(f) The Task Force shall be convened by the Director or his
or her designee. Members shall elect a Task Force Chair and
Co-Chair.
(g) Meetings may be held via conference call, in person, or
both. Three members of the Task Force may call a meeting as
long as a 5-working-day notification is sent via mail, e-mail,
or telephone call to each member of the Task Force.
(h) Members of the Task Force shall serve without
compensation.
(i) The Task Force shall undertake a comprehensive and
thorough review of the current Statutes and administrative
rules that define which products and practices are permitted
and which products and practices are not permitted at farmers'
markets and to assist the Department in developing statewide
administrative regulations for farmers' markets.
(j) The Task Force shall advise the Department regarding

the content of any administrative rules adopted under this
Section and Sections 3.4, 3.5, and 4 of this Act Section prior
to adoption of the rules. Any administrative rules, except
emergency rules adopted pursuant to Section 5-45 of the
Illinois Administrative Procedure Act, adopted under this
Section without obtaining the advice of the Task Force are null
and void. If the Department fails to follow the advice of the
Task Force, the Department shall, prior to adopting the rules,
transmit a written explanation to the Task Force. If the Task
Force, having been asked for its advice, fails to advise the
Department within 90 days after receiving the rules for review,
the rules shall be considered to have been approved by the Task
Force.
(k) The Department of Public Health shall provide staffing
support to the Task Force and shall help to prepare, print, and
distribute all reports deemed necessary by the Task Force.
(l) The Task Force may request assistance from any entity
necessary or useful for the performance of its duties. The Task
Force shall issue a report annually to the Secretary of the
Senate and the Clerk of the House.
(m) The following provisions shall apply concerning
statewide farmers' market food safety guidelines:
(1) The Director, in accordance with this Section,
shall adopt administrative rules (as provided by the
Illinois Administrative Procedure Act) for foods found at
farmers' markets.

(2) The rules and regulations described in this Section
shall be consistently enforced by local health authorities
throughout the State.
(2.5) Notwithstanding any other provision of law
except as provided in this Section, local public health
departments and all other units of local government are
prohibited from creating sanitation guidelines, rules, or
regulations for farmers' markets that are more stringent
than those farmers' market sanitation regulations
contained in the administrative rules adopted by the
Department for the purposes of implementing this Section
and Sections 3.4, 3.5, and 4 of this Act. Except as
provided for in Sections 3.4 and 4 of this Act, this
Section does not intend and shall not be construed to limit
the power of local health departments and other government
units from requiring licensing and permits for the sale of
commercial food products, processed food products,
prepared foods, and potentially hazardous foods at
farmers' markets or conducting related inspections and
enforcement activities, so long as those permits and
licenses do not include unreasonable fees or sanitation
provisions and rules that are more stringent than those
laid out in the administrative rules adopted by the
Department for the purposes of implementing this Section
and Sections 3.4, 3.5, and 4 of this Act.
(3) In the case of alleged non-compliance with the

provisions described in this Section, local health
departments shall issue written notices to vendors and
market managers of any noncompliance issues.
(4) Produce and food products coming within the scope
of the provisions of this Section shall include, but not be
limited to, raw agricultural products, including fresh
fruits and vegetables; popcorn, grains, seeds, beans, and
nuts that are whole, unprocessed, unpackaged, and
unsprouted; fresh herb springs and dried herbs in bunches;
baked goods sold at farmers' markets; cut fruits and
vegetables; milk and cheese products; ice cream; syrups;
wild and cultivated mushrooms; apple cider and other fruit
and vegetable juices; herb vinegar; garlic-in-oil;
flavored oils; pickles, relishes, salsas, and other canned
or jarred items; shell eggs; meat and poultry; fish;
ready-to-eat foods; commercially produced prepackaged food
products; and any additional items specified in the
administrative rules adopted by the Department to
implement Section 3.3 of this Act.
(n) Local health department regulatory guidelines may be
applied to foods not often found at farmers' markets, all other
food products not regulated by the Department of Agriculture
and the Department of Public Health, as well as live animals to
be sold at farmers' markets.
(o) The Task Force shall issue annual reports to the
Secretary of the Senate and the Clerk of the House with

recommendations for the development of administrative rules as
specified. The first report shall be issued no later than
December 31, 2012.
(p) The Department of Public Health and the Department of
Agriculture, in conjunction with the Task Force, shall adopt
administrative rules necessary to implement, interpret, and
make specific the provisions of this Section, including, but
not limited to, rules concerning labels, sanitation, and food
product safety according to the realms of their jurisdiction in
accordance with subsection (j) of this Section.
(q) The Department and the Task Force shall work together
to create a food sampling training and license program as
specified in Section 3.4 of this Act.
(Source: P.A. 98-660, eff. 6-23-14; 99-9, eff. 7-10-15; 99-191,
eff. 1-1-16; revised 10-30-15.)
Section 455. The Environmental Protection Act is amended by
changing Sections 3.330, 22.55, and 39 as follows:
(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
Sec. 3.330. Pollution control facility.
(a) "Pollution control facility" is any waste storage site,
sanitary landfill, waste disposal site, waste transfer
station, waste treatment facility, or waste incinerator. This
includes sewers, sewage treatment plants, and any other
facilities owned or operated by sanitary districts organized

under the Metropolitan Water Reclamation District Act.
The following are not pollution control facilities:
(1) (blank);
(2) waste storage sites regulated under 40 CFR, Part
761.42;
(3) sites or facilities used by any person conducting a
waste storage, waste treatment, waste disposal, waste
transfer or waste incineration operation, or a combination
thereof, for wastes generated by such person's own
activities, when such wastes are stored, treated, disposed
of, transferred or incinerated within the site or facility
owned, controlled or operated by such person, or when such
wastes are transported within or between sites or
facilities owned, controlled or operated by such person;
(4) sites or facilities at which the State is
performing removal or remedial action pursuant to Section
22.2 or 55.3;
(5) abandoned quarries used solely for the disposal of
concrete, earth materials, gravel, or aggregate debris
resulting from road construction activities conducted by a
unit of government or construction activities due to the
construction and installation of underground pipes, lines,
conduit or wires off of the premises of a public utility
company which are conducted by a public utility;
(6) sites or facilities used by any person to
specifically conduct a landscape composting operation;

(7) regional facilities as defined in the Central
Midwest Interstate Low-Level Radioactive Waste Compact;
(8) the portion of a site or facility where coal
combustion wastes are stored or disposed of in accordance
with subdivision (r)(2) or (r)(3) of Section 21;
(9) the portion of a site or facility used for the
collection, storage or processing of waste tires as defined
in Title XIV;
(10) the portion of a site or facility used for
treatment of petroleum contaminated materials by
application onto or incorporation into the soil surface and
any portion of that site or facility used for storage of
petroleum contaminated materials before treatment. Only
those categories of petroleum listed in Section 57.9(a)(3)
are exempt under this subdivision (10);
(11) the portion of a site or facility where used oil
is collected or stored prior to shipment to a recycling or
energy recovery facility, provided that the used oil is
generated by households or commercial establishments, and
the site or facility is a recycling center or a business
where oil or gasoline is sold at retail;
(11.5) processing sites or facilities that receive
only on-specification used oil, as defined in 35 Ill.
Admin. Code 739, originating from used oil collectors for
processing that is managed under 35 Ill. Admin. Code 739 to
produce products for sale to off-site petroleum

facilities, if these processing sites or facilities are:
(i) located within a home rule unit of local government
with a population of at least 30,000 according to the 2000
federal census, that home rule unit of local government has
been designated as an Urban Round II Empowerment Zone by
the United States Department of Housing and Urban
Development, and that home rule unit of local government
has enacted an ordinance approving the location of the site
or facility and provided funding for the site or facility;
and (ii) in compliance with all applicable zoning
requirements;
(12) the portion of a site or facility utilizing coal
combustion waste for stabilization and treatment of only
waste generated on that site or facility when used in
connection with response actions pursuant to the federal
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, the federal Resource Conservation
and Recovery Act of 1976, or the Illinois Environmental
Protection Act or as authorized by the Agency;
(13) the portion of a site or facility that accepts
exclusively general construction or demolition debris and
is operated and located in accordance with Section 22.38 of
this Act;
(14) the portion of a site or facility, located within
a unit of local government that has enacted local zoning
requirements, used to accept, separate, and process

uncontaminated broken concrete, with or without protruding
metal bars, provided that the uncontaminated broken
concrete and metal bars are not speculatively accumulated,
are at the site or facility no longer than one year after
their acceptance, and are returned to the economic
mainstream in the form of raw materials or products;
(15) the portion of a site or facility located in a
county with a population over 3,000,000 that has obtained
local siting approval under Section 39.2 of this Act for a
municipal waste incinerator on or before July 1, 2005 and
that is used for a non-hazardous waste transfer station;
(16) a site or facility that temporarily holds in
transit for 10 days or less, non-putrescible solid waste in
original containers, no larger in capacity than 500
gallons, provided that such waste is further transferred to
a recycling, disposal, treatment, or storage facility on a
non-contiguous site and provided such site or facility
complies with the applicable 10-day transfer requirements
of the federal Resource Conservation and Recovery Act of
1976 and United States Department of Transportation
hazardous material requirements. For purposes of this
Section only, "non-putrescible solid waste" means waste
other than municipal garbage that does not rot or become
putrid, including, but not limited to, paints, solvent,
filters, and absorbents;
(17) the portion of a site or facility located in a

county with a population greater than 3,000,000 that has
obtained local siting approval, under Section 39.2 of this
Act, for a municipal waste incinerator on or before July 1,
2005 and that is used for wood combustion facilities for
energy recovery that accept and burn only wood material, as
included in a fuel specification approved by the Agency;
(18) a transfer station used exclusively for landscape
waste, including a transfer station where landscape waste
is ground to reduce its volume, where the landscape waste
is held no longer than 24 hours from the time it was
received;
(19) the portion of a site or facility that (i) is used
for the composting of food scrap, livestock waste, crop
residue, uncontaminated wood waste, or paper waste,
including, but not limited to, corrugated paper or
cardboard, and (ii) meets all of the following
requirements:
(A) There must not be more than a total of 30,000
cubic yards of livestock waste in raw form or in the
process of being composted at the site or facility at
any one time.
(B) All food scrap, livestock waste, crop residue,
uncontaminated wood waste, and paper waste must, by the
end of each operating day, be processed and placed into
an enclosed vessel in which air flow and temperature
are controlled, or all of the following additional

requirements must be met:
(i) The portion of the site or facility used
for the composting operation must include a
setback of at least 200 feet from the nearest
potable water supply well.
(ii) The portion of the site or facility used
for the composting operation must be located
outside the boundary of the 10-year floodplain or
floodproofed.
(iii) Except in municipalities with more than
1,000,000 inhabitants, the portion of the site or
facility used for the composting operation must be
located at least one-eighth of a mile from the
nearest residence, other than a residence located
on the same property as the site or facility.
(iv) The portion of the site or facility used
for the composting operation must be located at
least one-eighth of a mile from the property line
of all of the following areas:
(I) Facilities that primarily serve to
house or treat people that are
immunocompromised or immunosuppressed, such as
cancer or AIDS patients; people with asthma,
cystic fibrosis, or bioaerosol allergies; or
children under the age of one year.
(II) Primary and secondary schools and

adjacent areas that the schools use for
recreation.
(III) Any facility for child care licensed
under Section 3 of the Child Care Act of 1969;
preschools; and adjacent areas that the
facilities or preschools use for recreation.
(v) By the end of each operating day, all food
scrap, livestock waste, crop residue,
uncontaminated wood waste, and paper waste must be
(i) processed into windrows or other piles and (ii)
covered in a manner that prevents scavenging by
birds and animals and that prevents other
nuisances.
(C) Food scrap, livestock waste, crop residue,
uncontaminated wood waste, paper waste, and compost
must not be placed within 5 feet of the water table.
(D) The site or facility must meet all of the
requirements of the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.).
(E) The site or facility must not (i) restrict the
flow of a 100-year flood, (ii) result in washout of
food scrap, livestock waste, crop residue,
uncontaminated wood waste, or paper waste from a
100-year flood, or (iii) reduce the temporary water
storage capacity of the 100-year floodplain, unless
measures are undertaken to provide alternative storage

capacity, such as by providing lagoons, holding tanks,
or drainage around structures at the facility.
(F) The site or facility must not be located in any
area where it may pose a threat of harm or destruction
to the features for which:
(i) an irreplaceable historic or
archaeological site has been listed under the
National Historic Preservation Act (16 U.S.C. 470
et seq.) or the Illinois Historic Preservation
Act;
(ii) a natural landmark has been designated by
the National Park Service or the Illinois State
Historic Preservation Office; or
(iii) a natural area has been designated as a
Dedicated Illinois Nature Preserve under the
Illinois Natural Areas Preservation Act.
(G) The site or facility must not be located in an
area where it may jeopardize the continued existence of
any designated endangered species, result in the
destruction or adverse modification of the critical
habitat for such species, or cause or contribute to the
taking of any endangered or threatened species of
plant, fish, or wildlife listed under the Endangered
Species Act (16 U.S.C. 1531 et seq.) or the Illinois
Endangered Species Protection Act;
(20) the portion of a site or facility that is located

entirely within a home rule unit having a population of no
less than 120,000 and no more than 135,000, according to
the 2000 federal census, and that meets all of the
following requirements:
(i) the portion of the site or facility is used
exclusively to perform testing of a thermochemical
conversion technology using only woody biomass,
collected as landscape waste within the boundaries of
the home rule unit, as the hydrocarbon feedstock for
the production of synthetic gas in accordance with
Section 39.9 of this Act;
(ii) the portion of the site or facility is in
compliance with all applicable zoning requirements;
and
(iii) a complete application for a demonstration
permit at the portion of the site or facility has been
submitted to the Agency in accordance with Section 39.9
of this Act within one year after July 27, 2010 (the
effective date of Public Act 96-1314);
(21) the portion of a site or facility used to perform
limited testing of a gasification conversion technology in
accordance with Section 39.8 of this Act and for which a
complete permit application has been submitted to the
Agency prior to one year from April 9, 2010 (the effective
date of Public Act 96-887);
(22) the portion of a site or facility that is used to

incinerate only pharmaceuticals from residential sources
that are collected and transported by law enforcement
agencies under Section 17.9A of this Act;
(23) the portion of a site or facility:
(A) that is used exclusively for the transfer of
commingled landscape waste and food scrap held at the
site or facility for no longer than 24 hours after
their receipt;
(B) that is located entirely within a home rule
unit having a population of either (i) not less than
100,000 and not more than 115,000 according to the 2010
federal census or (ii) not less than 5,000 and not more
than 10,000 according to the 2010 federal census or
that is located in the unincorporated area of a county
having a population of not less than 700,000 and not
more than 705,000 according to the 2010 federal census;
(C) that is permitted, by the Agency, prior to
January 1, 2002, for the transfer of landscape waste if
located in a home rule unit or that is permitted prior
to January 1, 2008 if located in an unincorporated area
of a county; and
(D) for which a permit application is submitted to
the Agency to modify an existing permit for the
transfer of landscape waste to also include, on a
demonstration basis not to exceed 24 months each time a
permit is issued, the transfer of commingled landscape

waste and food scrap or for which a permit application
is submitted to the Agency within 6 months after
January 1, 2016; and
(24) the portion of a municipal solid waste landfill
unit:
(A) that is located in a county having a population
of not less than 55,000 and not more than 60,000
according to the 2010 federal census;
(B) that is owned by that county;
(C) that is permitted, by the Agency, prior to July
10, 2015 (the effective date of Public Act 99-12) this
amendatory Act of the 99th General Assembly; and
(D) for which a permit application is submitted to
the Agency within 6 months after July 10, 2015 (the
effective date of Public Act 99-12) this amendatory Act
of the 99th General Assembly for the disposal of
non-hazardous special waste.
(b) A new pollution control facility is:
(1) a pollution control facility initially permitted
for development or construction after July 1, 1981; or
(2) the area of expansion beyond the boundary of a
currently permitted pollution control facility; or
(3) a permitted pollution control facility requesting
approval to store, dispose of, transfer or incinerate, for
the first time, any special or hazardous waste.
(Source: P.A. 98-146, eff. 1-1-14; 98-239, eff. 8-9-13; 98-756,

eff. 7-16-14; 98-1130, eff. 1-1-15; 99-12, eff. 7-10-15;
99-440, eff. 8-21-15; revised 10-20-15.)
(415 ILCS 5/22.55)
Sec. 22.55. Household Waste Drop-off Points.
(a) Findings; Purpose and Intent.
(1) The General Assembly finds that protection of human
health and the environment can be enhanced if certain
commonly generated household wastes are managed separately
from the general household waste stream.
(2) The purpose of this Section is to provide, to the
extent allowed under federal law, a method for managing
certain types of household waste separately from the
general household waste stream.
(b) Definitions. For the purposes of this Section:
"Compostable waste" means household waste that is
source-separated food scrap, household waste that is
source-separated landscape waste, or a mixture of both.
"Controlled substance" means a controlled substance as
defined in the Illinois Controlled Substances Act.
"Household waste" means waste generated from a single
residence or multiple residences.
"Household waste drop-off point" means the portion of a
site or facility used solely for the receipt and temporary
storage of household waste.
"One-day compostable waste collection event" means a

household waste drop-off point approved by a county or
municipality under subsection (d-5) of this Section.
"One-day household waste collection event" means a
household waste drop-off point approved by the Agency under
subsection (d) of this Section.
"Permanent compostable waste collection point" means a
household waste drop-off point approved by a county or
municipality under subsection (d-6) of this Section.
"Personal care product" means an item other than a
pharmaceutical product that is consumed or applied by an
individual for personal health, hygiene, or cosmetic
reasons. Personal care products include, but are not
limited to, items used in bathing, dressing, or grooming.
"Pharmaceutical product" means medicine or a product
containing medicine. A pharmaceutical product may be sold
by prescription or over the counter. "Pharmaceutical
product" does not include medicine that contains a
radioactive component or a product that contains a
radioactive component.
"Recycling coordinator" means the person designated by
each county waste management plan to administer the county
recycling program, as set forth in the Solid Waste
Management Act.
(c) Except as otherwise provided in Agency rules, the
following requirements apply to each household waste drop-off
point, other than a one-day household waste collection event,

one-day compostable waste collection event, or permanent
compostable waste collection point:
(1) A household waste drop-off point must not accept
waste other than the following types of household waste:
pharmaceutical products, personal care products, batteries
other than lead-acid batteries, paints, automotive fluids,
compact fluorescent lightbulbs, mercury thermometers, and
mercury thermostats. A household waste drop-off point may
accept controlled substances in accordance with federal
law.
(2) Except as provided in subdivision (c)(2) of this
Section, household waste drop-off points must be located at
a site or facility where the types of products accepted at
the household waste drop-off point are lawfully sold,
distributed, or dispensed. For example, household waste
drop-off points that accept prescription pharmaceutical
products must be located at a site or facility where
prescription pharmaceutical products are sold,
distributed, or dispensed.
(A) Subdivision (c)(2) of this Section does not
apply to household waste drop-off points operated by a
government or school entity, or by an association or
other organization of government or school entities.
(B) Household waste drop-off points that accept
mercury thermometers can be located at any site or
facility where non-mercury thermometers are sold,

distributed, or dispensed.
(C) Household waste drop-off points that accept
mercury thermostats can be located at any site or
facility where non-mercury thermostats are sold,
distributed, or dispensed.
(3) The location of acceptance for each type of waste
accepted at the household waste drop-off point must be
clearly identified. Locations where pharmaceutical
products are accepted must also include a copy of the sign
required under subsection (j) of this Section.
(4) Household waste must be accepted only from private
individuals. Waste must not be accepted from other persons,
including, but not limited to, owners and operators of
rented or leased residences where the household waste was
generated, commercial haulers, and other commercial,
industrial, agricultural, and government operations or
entities.
(5) If more than one type of household waste is
accepted, each type of household waste must be managed
separately prior to its packaging for off-site transfer.
(6) Household waste must not be stored for longer than
90 days after its receipt, except as otherwise approved by
the Agency in writing.
(7) Household waste must be managed in a manner that
protects against releases of the waste, prevents
nuisances, and otherwise protects human health and the

environment. Household waste must also be properly secured
to prevent unauthorized public access to the waste,
including, but not limited to, preventing access to the
waste during the non-business hours of the site or facility
on which the household waste drop-off point is located.
Containers in which pharmaceutical products are collected
must be clearly marked "No Controlled Substances", unless
the household waste drop-off point accepts controlled
substances in accordance with federal law.
(8) Management of the household waste must be limited
to the following: (i) acceptance of the waste, (ii)
temporary storage of the waste prior to transfer, and (iii)
off-site transfer of the waste and packaging for off-site
transfer.
(9) Off-site transfer of the household waste must
comply with federal and State laws and regulations.
(d) One-day household waste collection events. To further
aid in the collection of certain household wastes, the Agency
may approve the operation of one-day household waste collection
events. The Agency shall not approve a one-day household waste
collection event at the same site or facility for more than one
day each calendar quarter. Requests for approval must be
submitted on forms prescribed by the Agency. The Agency must
issue its approval in writing, and it may impose conditions as
necessary to protect human health and the environment and to
otherwise accomplish the purposes of this Act. One-day

household waste collection events must be operated in
accordance with the Agency's approval, including all
conditions contained in the approval. The following
requirements apply to all one-day household waste collection
events, in addition to the conditions contained in the Agency's
approval:
(1) Waste accepted at the event must be limited to
household waste and must not include garbage, landscape
waste, or other waste excluded by the Agency in the
Agency's approval or any conditions contained in the
approval. A one-day household waste collection event may
accept controlled substances in accordance with federal
law.
(2) Household waste must be accepted only from private
individuals. Waste must not be accepted from other persons,
including, but not limited to, owners and operators of
rented or leased residences where the household waste was
generated, commercial haulers, and other commercial,
industrial, agricultural, and government operations or
entities.
(3) Household waste must be managed in a manner that
protects against releases of the waste, prevents
nuisances, and otherwise protects human health and the
environment. Household waste must also be properly secured
to prevent public access to the waste, including, but not
limited to, preventing access to the waste during the

event's non-business hours.
(4) Management of the household waste must be limited
to the following: (i) acceptance of the waste, (ii)
temporary storage of the waste before transfer, and (iii)
off-site transfer of the waste or packaging for off-site
transfer.
(5) Except as otherwise approved by the Agency, all
household waste received at the collection event must be
transferred off-site by the end of the day following the
collection event.
(6) The transfer and ultimate disposition of household
waste received at the collection event must comply with the
Agency's approval, including all conditions contained in
the approval.
(d-5) One-day compostable waste collection event. To
further aid in the collection and composting of compostable
waste, as defined in subsection (b), a municipality may approve
the operation of one-day compostable waste collection events at
any site or facility within its territorial jurisdiction, and a
county may approve the operation of one-day compostable waste
collection events at any site or facility in any unincorporated
area within its territorial jurisdiction. The approval granted
under this subsection (d-5) must be in writing; must specify
the date, location, and time of the event; and must list the
types of compostable waste that will be collected at the event.
If the one-day compostable waste collection event is to be

operated at a location within a county with a population of
more than 400,000 but less than 2,000,000 inhabitants,
according to the 2010 decennial census, then the operator of
the event shall, at least 30 days before the event, provide a
copy of the approval to the recycling coordinator designated by
that county. The approval granted under this subsection (d-5)
may include conditions imposed by the county or municipality as
necessary to protect public health and prevent odors, vectors,
and other nuisances. A one-day compostable waste collection
event approved under this subsection (d-5) must be operated in
accordance with the approval, including all conditions
contained in the approval. The following requirements shall
apply to the one-day compostable waste collection event, in
addition to the conditions contained in the approval:
(1) Waste accepted at the event must be limited to the
types of compostable waste authorized to be accepted under
the approval.
(2) Information promoting the event and signs at the
event must clearly indicate the types of compostable waste
approved for collection. To discourage the receipt of other
waste, information promoting the event and signs at the
event must also include:
(A) examples of compostable waste being collected;
and
(B) examples of waste that is not being collected.
(3) Compostable waste must be accepted only from

private individuals. It may not be accepted from other
persons, including, but not limited to, owners and
operators of rented or leased residences where it was
generated, commercial haulers, and other commercial,
industrial, agricultural, and government operations or
entities.
(4) Compostable waste must be managed in a manner that
protects against releases of the waste, prevents
nuisances, and otherwise protects human health and the
environment. Compostable waste must be properly secured to
prevent it from being accessed by the public at any time,
including, but not limited to, during the collection
event's non-operating hours. One-day compostable waste
collection events must be adequately supervised during
their operating hours.
(5) Compostable waste must be secured in non-porous,
rigid, leak-proof containers that:
(A) are covered, except when the compostable waste
is being added to or removed from the containers or it
is otherwise necessary to access the compostable
waste;
(B) prevent precipitation from draining through
the compostable waste;
(C) prevent dispersion of the compostable waste by
wind;
(D) contain spills or releases that could create

nuisances or otherwise harm human health or the
environment;
(E) limit access to the compostable waste by
vectors;
(F) control odors and other nuisances; and
(G) provide for storage, removal, and off-site
transfer of the compostable waste in a manner that
protects its ability to be composted.
(6) No more than a total of 40 cubic yards of
compostable waste shall be located at the collection site
at any one time.
(7) Management of the compostable waste must be limited
to the following: (A) acceptance, (B) temporary storage
before transfer, and (C) off-site transfer.
(8) All compostable waste received at the event must be
transferred off-site to a permitted compost facility by no
later than 48 hours after the event ends or by the end of
the first business day after the event ends, whichever is
sooner.
(9) If waste other than compostable waste is received
at the event, then that waste must be disposed of within 48
hours after the event ends or by the end of the first
business day after the event ends, whichever is sooner.
(d-6) Permanent compostable waste collection points. To
further aid in the collection and composting of compostable
waste, as defined in subsection (b), a municipality may approve

the operation of permanent compostable waste collection points
at any site or facility within its territorial jurisdiction,
and a county may approve the operation of permanent compostable
waste collection points at any site or facility in any
unincorporated area within its territorial jurisdiction. The
approval granted pursuant to this subsection (d-6) must be in
writing; must specify the location, operating days, and
operating hours of the collection point; must list the types of
compostable waste that will be collected at the collection
point; and must specify a term of not more than 365 calendar
days during which the approval will be effective. In addition,
if the permanent compostable waste collection point is to be
operated at a location within a county with a population of
more than 400,000 but less than 2,000,000 inhabitants,
according to the 2010 federal decennial census, then the
operator of the collection point shall, at least 30 days before
the collection point begins operation, provide a copy of the
approval to the recycling coordinator designated by that
county. The approval may include conditions imposed by the
county or municipality as necessary to protect public health
and prevent odors, vectors, and other nuisances. A permanent
compostable waste collection point approved pursuant to this
subsection (d-6) must be operated in accordance with the
approval, including all conditions contained in the approval.
The following requirements apply to the permanent compostable
waste collection point, in addition to the conditions contained

in the approval:
(1) Waste accepted at the collection point must be
limited to the types of compostable waste authorized to be
accepted under the approval.
(2) Information promoting the collection point and
signs at the collection point must clearly indicate the
types of compostable waste approved for collection. To
discourage the receipt of other waste, information
promoting the collection point and signs at the collection
point must also include (A) examples of compostable waste
being collected and (B) examples of waste that is not being
collected.
(3) Compostable waste must be accepted only from
private individuals. It may not be accepted from other
persons, including, but not limited to, owners and
operators of rented or leased residences where it was
generated, commercial haulers, and other commercial,
industrial, agricultural, and government operations or
entities.
(4) Compostable waste must be managed in a manner that
protects against releases of the waste, prevents
nuisances, and otherwise protects human health and the
environment. Compostable waste must be properly secured to
prevent it from being accessed by the public at any time,
including, but not limited to, during the collection
point's non-operating hours. Permanent compostable waste

collection points must be adequately supervised during
their operating hours.
(5) Compostable waste must be secured in non-porous,
rigid, leak-proof containers that:
(A) are no larger than 10 cubic yards in size;
(B) are covered, except when the compostable waste
is being added to or removed from the container or it
is otherwise necessary to access the compostable
waste;
(C) prevent precipitation from draining through
the compostable waste;
(D) prevent dispersion of the compostable waste by
wind;
(E) contain spills or releases that could create
nuisances or otherwise harm human health or the
environment;
(F) limit access to the compostable waste by
vectors;
(G) control odors and other nuisances; and
(H) provide for storage, removal, and off-site
transfer of the compostable waste in a manner that
protects its ability to be composted.
(6) No more than a total of 10 cubic yards of
compostable waste shall be located at the permanent
compostable waste collection site at any one time.
(7) Management of the compostable waste must be limited

to the following: (A) acceptance, (B) temporary storage
before transfer, and (C) off-site transfer.
(8) All compostable waste received at the permanent
compostable waste collection point must be transferred
off-site to a permitted compost facility not less
frequently than once every 7 days.
(9) If a permanent compostable waste collection point
receives waste other than compostable waste, then that
waste must be disposed of not less frequently than once
every 7 days.
(e) The Agency may adopt rules governing the operation of
household waste drop-off points, other than one-day household
waste collection events, one-day compostable waste collection
events, and permanent compostable waste collection points.
Those rules must be designed to protect against releases of
waste to the environment, prevent nuisances, and otherwise
protect human health and the environment. As necessary to
address different circumstances, the regulations may contain
different requirements for different types of household waste
and different types of household waste drop-off points, and the
regulations may modify the requirements set forth in subsection
(c) of this Section. The regulations may include, but are not
limited to, the following: (i) identification of additional
types of household waste that can be collected at household
waste drop-off points, (ii) identification of the different
types of household wastes that can be received at different

household waste drop-off points, (iii) the maximum amounts of
each type of household waste that can be stored at household
waste drop-off points at any one time, and (iv) the maximum
time periods each type of household waste can be stored at
household waste drop-off points.
(f) Prohibitions.
(1) Except as authorized in a permit issued by the
Agency, no person shall cause or allow the operation of a
household waste drop-off point, other than a one-day
household waste collection event, one-day compostable
waste collection event, or permanent compostable waste
collection point, in violation of this Section or any
regulations adopted under this Section.
(2) No person shall cause or allow the operation of a
one-day household waste collection event in violation of
this Section or the Agency's approval issued under
subsection (d) of this Section, including all conditions
contained in the approval.
(3) No person shall cause or allow the operation of a
one-day compostable waste collection event in violation of
this Section or the approval issued for the one-day
compostable waste collection event under subsection (d-5)
of this Section, including all conditions contained in the
approval.
(4) No person shall cause or allow the operation of a
permanent compostable waste collection event in violation

of this Section or the approval issued for the permanent
compostable waste collection point under subsection (d-6)
of this Section, including all conditions contained in the
approval.
(g) Permit exemptions.
(1) No permit is required under subdivision (d)(1) of
Section 21 of this Act for the operation of a household
waste drop-off point, other than a one-day household waste
collection event, one-day compostable waste collection
event, or permanent compostable waste collection point, if
the household waste drop-off point is operated in
accordance with this Section and all regulations adopted
under this Section.
(2) No permit is required under subdivision (d)(1) of
Section 21 of this Act for the operation of a one-day
household waste collection event if the event is operated
in accordance with this Section and the Agency's approval
issued under subsection (d) of this Section, including all
conditions contained in the approval, or for the operation
of a household waste collection event by the Agency.
(3) No permit is required under paragraph (1) of
subsection (d) of Section 21 of this Act for the operation
of a one-day compostable waste collection event if the
compostable waste collection event is operated in
accordance with this Section and the approval issued for
the compostable waste collection point under subsection

(d-5) of this Section, including all conditions contained
in the approval.
(4) No permit is required under paragraph (1) of
subsection (d) of Section 21 of this Act for the operation
of a permanent compostable waste collection point if the
collection point is operated in accordance with this
Section and the approval issued for the compostable waste
collection event under subsection (d-6) of this Section,
including all conditions contained in the approval.
(h) This Section does not apply to the following:
(1) Persons accepting household waste that they are
authorized to accept under a permit issued by the Agency.
(2) Sites or facilities operated pursuant to an
intergovernmental agreement entered into with the Agency
under Section 22.16b(d) of this Act.
(i) The Agency, in consultation with the Department of
Public Health, must develop and implement a public information
program regarding household waste drop-off points that accept
pharmaceutical products, as well as mail-back programs
authorized under federal law.
(j) The Agency must develop a sign that provides
information on the proper disposal of unused pharmaceutical
products. The sign shall include information on approved
drop-off sites or list a website where updated information on
drop-off sites can be accessed. The sign shall also include
information on mail-back programs and self-disposal. The

Agency shall make a copy of the sign available for downloading
from its website. Every pharmacy shall display the sign in the
area where medications are dispensed and shall also display any
signs the Agency develops regarding local take-back programs or
household waste collection events. These signs shall be no
larger than 8.5 inches by 11 inches.
(k) If an entity chooses to participate as a household
waste drop-off point, then it must follow the provisions of
this Section and any rules the Agency may adopt governing
household waste drop-off points.
(l) The Agency shall establish, by rule, a statewide
medication take-back program by June 1, 2016 to ensure that
there are pharmaceutical product disposal options regularly
available for residents across the State. No private entity may
be compelled to serve as or fund a take-back location or
program. Medications collected and disposed of under the
program shall include controlled substances approved for
collection by federal law. All medications collected and
disposed of under the program must be managed in accordance
with all applicable federal and State laws and regulations. The
Agency shall issue a report to the General Assembly by June 1,
2019 detailing the amount of pharmaceutical products annually
collected under the program, as well as any legislative
recommendations.
(Source: P.A. 99-11, eff. 7-10-15; 99-480, eff. 9-9-15; revised
10-20-15.)

(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
Sec. 39. Issuance of permits; procedures.
(a) When the Board has by regulation required a permit for
the construction, installation, or operation of any type of
facility, equipment, vehicle, vessel, or aircraft, the
applicant shall apply to the Agency for such permit and it
shall be the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of regulations hereunder. The Agency shall adopt such
procedures as are necessary to carry out its duties under this
Section. In making its determinations on permit applications
under this Section the Agency may consider prior adjudications
of noncompliance with this Act by the applicant that involved a
release of a contaminant into the environment. In granting
permits, the Agency may impose reasonable conditions
specifically related to the applicant's past compliance
history with this Act as necessary to correct, detect, or
prevent noncompliance. The Agency may impose such other
conditions as may be necessary to accomplish the purposes of
this Act, and as are not inconsistent with the regulations
promulgated by the Board hereunder. Except as otherwise
provided in this Act, a bond or other security shall not be
required as a condition for the issuance of a permit. If the
Agency denies any permit under this Section, the Agency shall

transmit to the applicant within the time limitations of this
Section specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include,
but not be limited to the following:
(i) the Sections of this Act which may be violated if
the permit were granted;
(ii) the provision of the regulations, promulgated
under this Act, which may be violated if the permit were
granted;
(iii) the specific type of information, if any, which
the Agency deems the applicant did not provide the Agency;
and
(iv) a statement of specific reasons why the Act and
the regulations might not be met if the permit were
granted.
If there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued; except that this time period shall
be extended to 180 days when (1) notice and opportunity for
public hearing are required by State or federal law or
regulation, (2) the application which was filed is for any
permit to develop a landfill subject to issuance pursuant to
this subsection, or (3) the application that was filed is for a
MSWLF unit required to issue public notice under subsection (p)
of Section 39. The 90-day and 180-day time periods for the
Agency to take final action do not apply to NPDES permit

applications under subsection (b) of this Section, to RCRA
permit applications under subsection (d) of this Section, or to
UIC permit applications under subsection (e) of this Section.
The Agency shall publish notice of all final permit
determinations for development permits for MSWLF units and for
significant permit modifications for lateral expansions for
existing MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
After January 1, 1994 and until July 1, 1998, operating
permits issued under this Section by the Agency for sources of
air pollution permitted to emit less than 25 tons per year of
any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed only
upon written request by the Agency consistent with applicable
provisions of this Act and regulations promulgated hereunder.
Such operating permits shall expire 180 days after the date of
such a request. The Board shall revise its regulations for the
existing State air pollution operating permit program
consistent with this provision by January 1, 1994.
After June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution that are not
subject to Section 39.5 of this Act and are not required to
have a federally enforceable State operating permit shall be
required to be renewed only upon written request by the Agency
consistent with applicable provisions of this Act and its

rules. Such operating permits shall expire 180 days after the
date of such a request. Before July 1, 1998, the Board shall
revise its rules for the existing State air pollution operating
permit program consistent with this paragraph and shall adopt
rules that require a source to demonstrate that it qualifies
for a permit under this paragraph.
(b) The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the Federal
Water Pollution Control Act, as now or hereafter amended,
within the jurisdiction of the State, or into any well.
All NPDES permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which may
be required to accomplish the purposes and provisions of this
Act.
The Agency may issue general NPDES permits for discharges
from categories of point sources which are subject to the same
permit limitations and conditions. Such general permits may be
issued without individual applications and shall conform to
regulations promulgated under Section 402 of the Federal Water
Pollution Control Act, as now or hereafter amended.
The Agency may include, among such conditions, effluent
limitations and other requirements established under this Act,
Board regulations, the Federal Water Pollution Control Act, as
now or hereafter amended, and regulations pursuant thereto, and
schedules for achieving compliance therewith at the earliest

reasonable date.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
The Agency, subject to any conditions which may be
prescribed by Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act or by
regulations of the Board without the requirement of a variance,
subject to the Federal Water Pollution Control Act, as now or
hereafter amended, and regulations pursuant thereto.
(c) Except for those facilities owned or operated by
sanitary districts organized under the Metropolitan Water
Reclamation District Act, no permit for the development or
construction of a new pollution control facility may be granted
by the Agency unless the applicant submits proof to the Agency
that the location of the facility has been approved by the
County Board of the county if in an unincorporated area, or the
governing body of the municipality when in an incorporated
area, in which the facility is to be located in accordance with
Section 39.2 of this Act. For purposes of this subsection (c),
and for purposes of Section 39.2 of this Act, the appropriate
county board or governing body of the municipality shall be the
county board of the county or the governing body of the

municipality in which the facility is to be located as of the
date when the application for siting approval is filed.
In the event that siting approval granted pursuant to
Section 39.2 has been transferred to a subsequent owner or
operator, that subsequent owner or operator may apply to the
Agency for, and the Agency may grant, a development or
construction permit for the facility for which local siting
approval was granted. Upon application to the Agency for a
development or construction permit by that subsequent owner or
operator, the permit applicant shall cause written notice of
the permit application to be served upon the appropriate county
board or governing body of the municipality that granted siting
approval for that facility and upon any party to the siting
proceeding pursuant to which siting approval was granted. In
that event, the Agency shall conduct an evaluation of the
subsequent owner or operator's prior experience in waste
management operations in the manner conducted under subsection
(i) of Section 39 of this Act.
Beginning August 20, 1993, if the pollution control
facility consists of a hazardous or solid waste disposal
facility for which the proposed site is located in an
unincorporated area of a county with a population of less than
100,000 and includes all or a portion of a parcel of land that
was, on April 1, 1993, adjacent to a municipality having a
population of less than 5,000, then the local siting review
required under this subsection (c) in conjunction with any

permit applied for after that date shall be performed by the
governing body of that adjacent municipality rather than the
county board of the county in which the proposed site is
located; and for the purposes of that local siting review, any
references in this Act to the county board shall be deemed to
mean the governing body of that adjacent municipality;
provided, however, that the provisions of this paragraph shall
not apply to any proposed site which was, on April 1, 1993,
owned in whole or in part by another municipality.
In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency prior to
August 31, 1989 for any portion of the facility, then the
Agency may not issue or renew any development permit nor issue
an original operating permit for any portion of such facility
unless the applicant has submitted proof to the Agency that the
location of the facility has been approved by the appropriate
county board or municipal governing body pursuant to Section
39.2 of this Act.
After January 1, 1994, if a solid waste disposal facility,
any portion for which an operating permit has been issued by
the Agency, has not accepted waste disposal for 5 or more
consecutive calendars years, before that facility may accept
any new or additional waste for disposal, the owner and
operator must obtain a new operating permit under this Act for
that facility unless the owner and operator have applied to the

Agency for a permit authorizing the temporary suspension of
waste acceptance. The Agency may not issue a new operation
permit under this Act for the facility unless the applicant has
submitted proof to the Agency that the location of the facility
has been approved or re-approved by the appropriate county
board or municipal governing body under Section 39.2 of this
Act after the facility ceased accepting waste.
Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil fuel mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
Before beginning construction on any new sewage treatment
plant or sludge drying site to be owned or operated by a
sanitary district organized under the Metropolitan Water
Reclamation District Act for which a new permit (rather than
the renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be
located, or within the nearest community if the proposed
facility is to be located within an unincorporated area, at
which information concerning the proposed facility shall be
made available to the public, and members of the public shall

be given the opportunity to express their views concerning the
proposed facility.
The Agency may issue a permit for a municipal waste
transfer station without requiring approval pursuant to
Section 39.2 provided that the following demonstration is made:
(1) the municipal waste transfer station was in
existence on or before January 1, 1979 and was in
continuous operation from January 1, 1979 to January 1,
1993;
(2) the operator submitted a permit application to the
Agency to develop and operate the municipal waste transfer
station during April of 1994;
(3) the operator can demonstrate that the county board
of the county, if the municipal waste transfer station is
in an unincorporated area, or the governing body of the
municipality, if the station is in an incorporated area,
does not object to resumption of the operation of the
station; and
(4) the site has local zoning approval.
(d) The Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for
the treatment, storage, or disposal of hazardous waste as
defined under this Act.
All RCRA permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which may
be required to accomplish the purposes and provisions of this

Act. The Agency may include among such conditions standards and
other requirements established under this Act, Board
regulations, the Resource Conservation and Recovery Act of 1976
(P.L. 94-580), as amended, and regulations pursuant thereto,
and may include schedules for achieving compliance therewith as
soon as possible. The Agency shall require that a performance
bond or other security be provided as a condition for the
issuance of a RCRA permit.
In the case of a permit to operate a hazardous waste or PCB
incinerator as defined in subsection (k) of Section 44, the
Agency shall require, as a condition of the permit, that the
operator of the facility perform such analyses of the waste to
be incinerated as may be necessary and appropriate to ensure
the safe operation of the incinerator.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular

business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
(e) The Agency may issue UIC permits exclusively under this
subsection to persons owning or operating a facility for the
underground injection of contaminants as defined under this
Act.
All UIC permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which may
be required to accomplish the purposes and provisions of this
Act. The Agency may include among such conditions standards and
other requirements established under this Act, Board
regulations, the Safe Drinking Water Act (P.L. 93-523), as
amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith. The Agency shall
require that a performance bond or other security be provided
as a condition for the issuance of a UIC permit.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection, all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing

body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
(f) In making any determination pursuant to Section 9.1 of
this Act:
(1) The Agency shall have authority to make the
determination of any question required to be determined by
the Clean Air Act, as now or hereafter amended, this Act,
or the regulations of the Board, including the
determination of the Lowest Achievable Emission Rate,
Maximum Achievable Control Technology, or Best Available
Control Technology, consistent with the Board's
regulations, if any.
(2) The Agency shall adopt requirements as necessary to
implement public participation procedures, including, but
not limited to, public notice, comment, and an opportunity
for hearing, which must accompany the processing of
applications for PSD permits. The Agency shall briefly
describe and respond to all significant comments on the
draft permit raised during the public comment period or
during any hearing. The Agency may group related comments
together and provide one unified response for each issue
raised.
(3) Any complete permit application submitted to the

Agency under this subsection for a PSD permit shall be
granted or denied by the Agency not later than one year
after the filing of such completed application.
(4) The Agency shall, after conferring with the
applicant, give written notice to the applicant of its
proposed decision on the application including the terms
and conditions of the permit to be issued and the facts,
conduct or other basis upon which the Agency will rely to
support its proposed action.
(g) The Agency shall include as conditions upon all permits
issued for hazardous waste disposal sites such restrictions
upon the future use of such sites as are reasonably necessary
to protect public health and the environment, including
permanent prohibition of the use of such sites for purposes
which may create an unreasonable risk of injury to human health
or to the environment. After administrative and judicial
challenges to such restrictions have been exhausted, the Agency
shall file such restrictions of record in the Office of the
Recorder of the county in which the hazardous waste disposal
site is located.
(h) A hazardous waste stream may not be deposited in a
permitted hazardous waste site unless specific authorization
is obtained from the Agency by the generator and disposal site
owner and operator for the deposit of that specific hazardous
waste stream. The Agency may grant specific authorization for
disposal of hazardous waste streams only after the generator

has reasonably demonstrated that, considering technological
feasibility and economic reasonableness, the hazardous waste
cannot be reasonably recycled for reuse, nor incinerated or
chemically, physically or biologically treated so as to
neutralize the hazardous waste and render it nonhazardous. In
granting authorization under this Section, the Agency may
impose such conditions as may be necessary to accomplish the
purposes of the Act and are consistent with this Act and
regulations promulgated by the Board hereunder. If the Agency
refuses to grant authorization under this Section, the
applicant may appeal as if the Agency refused to grant a
permit, pursuant to the provisions of subsection (a) of Section
40 of this Act. For purposes of this subsection (h), the term
"generator" has the meaning given in Section 3.205 of this Act,
unless: (1) the hazardous waste is treated, incinerated, or
partially recycled for reuse prior to disposal, in which case
the last person who treats, incinerates, or partially recycles
the hazardous waste prior to disposal is the generator; or (2)
the hazardous waste is from a response action, in which case
the person performing the response action is the generator.
This subsection (h) does not apply to any hazardous waste that
is restricted from land disposal under 35 Ill. Adm. Code 728.
(i) Before issuing any RCRA permit, any permit for a waste
storage site, sanitary landfill, waste disposal site, waste
transfer station, waste treatment facility, waste incinerator,
or any waste-transportation operation, or any permit or interim

authorization for a clean construction or demolition debris
fill operation, or any permit required under subsection (d-5)
of Section 55, the Agency shall conduct an evaluation of the
prospective owner's or operator's prior experience in waste
management operations, clean construction or demolition debris
fill operations, and tire storage site management. The Agency
may deny such a permit, or deny or revoke interim
authorization, if the prospective owner or operator or any
employee or officer of the prospective owner or operator has a
history of:
(1) repeated violations of federal, State, or local
laws, regulations, standards, or ordinances in the
operation of waste management facilities or sites, clean
construction or demolition debris fill operation
facilities or sites, or tire storage sites; or
(2) conviction in this or another State of any crime
which is a felony under the laws of this State, or
conviction of a felony in a federal court; or conviction in
this or another state or federal court of any of the
following crimes: forgery, official misconduct, bribery,
perjury, or knowingly submitting false information under
any environmental law, regulation, or permit term or
condition; or
(3) proof of gross carelessness or incompetence in
handling, storing, processing, transporting or disposing
of waste, clean construction or demolition debris, or used

or waste tires, or proof of gross carelessness or
incompetence in using clean construction or demolition
debris as fill.
(i-5) Before issuing any permit or approving any interim
authorization for a clean construction or demolition debris
fill operation in which any ownership interest is transferred
between January 1, 2005, and the effective date of the
prohibition set forth in Section 22.52 of this Act, the Agency
shall conduct an evaluation of the operation if any previous
activities at the site or facility may have caused or allowed
contamination of the site. It shall be the responsibility of
the owner or operator seeking the permit or interim
authorization to provide to the Agency all of the information
necessary for the Agency to conduct its evaluation. The Agency
may deny a permit or interim authorization if previous
activities at the site may have caused or allowed contamination
at the site, unless such contamination is authorized under any
permit issued by the Agency.
(j) The issuance under this Act of a permit to engage in
the surface mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply with
any applicable local law regulating the commencement, location
or operation of surface mining facilities.
(k) A development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have a
permit under subsection (d) of Section 21 shall expire at the

end of 2 calendar years from the date upon which it was issued,
unless within that period the applicant has taken action to
develop the facility or the site. In the event that review of
the conditions of the development permit is sought pursuant to
Section 40 or 41, or permittee is prevented from commencing
development of the facility or site by any other litigation
beyond the permittee's control, such two-year period shall be
deemed to begin on the date upon which such review process or
litigation is concluded.
(l) No permit shall be issued by the Agency under this Act
for construction or operation of any facility or site located
within the boundaries of any setback zone established pursuant
to this Act, where such construction or operation is
prohibited.
(m) The Agency may issue permits to persons owning or
operating a facility for composting landscape waste. In
granting such permits, the Agency may impose such conditions as
may be necessary to accomplish the purposes of this Act, and as
are not inconsistent with applicable regulations promulgated
by the Board. Except as otherwise provided in this Act, a bond
or other security shall not be required as a condition for the
issuance of a permit. If the Agency denies any permit pursuant
to this subsection, the Agency shall transmit to the applicant
within the time limitations of this subsection specific,
detailed statements as to the reasons the permit application
was denied. Such statements shall include but not be limited to

the following:
(1) the Sections of this Act that may be violated if
the permit were granted;
(2) the specific regulations promulgated pursuant to
this Act that may be violated if the permit were granted;
(3) the specific information, if any, the Agency deems
the applicant did not provide in its application to the
Agency; and
(4) a statement of specific reasons why the Act and the
regulations might be violated if the permit were granted.
If no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for a permit may
waive the 90-day 90 day limitation by filing a written
statement with the Agency.
The Agency shall issue permits for such facilities upon
receipt of an application that includes a legal description of
the site, a topographic map of the site drawn to the scale of
200 feet to the inch or larger, a description of the operation,
including the area served, an estimate of the volume of
materials to be processed, and documentation that:
(1) the facility includes a setback of at least 200
feet from the nearest potable water supply well;
(2) the facility is located outside the boundary of the
10-year floodplain or the site will be floodproofed;
(3) the facility is located so as to minimize

incompatibility with the character of the surrounding
area, including at least a 200 foot setback from any
residence, and in the case of a facility that is developed
or the permitted composting area of which is expanded after
November 17, 1991, the composting area is located at least
1/8 mile from the nearest residence (other than a residence
located on the same property as the facility);
(4) the design of the facility will prevent any compost
material from being placed within 5 feet of the water
table, will adequately control runoff from the site, and
will collect and manage any leachate that is generated on
the site;
(5) the operation of the facility will include
appropriate dust and odor control measures, limitations on
operating hours, appropriate noise control measures for
shredding, chipping and similar equipment, management
procedures for composting, containment and disposal of
non-compostable wastes, procedures to be used for
terminating operations at the site, and recordkeeping
sufficient to document the amount of materials received,
composted and otherwise disposed of; and
(6) the operation will be conducted in accordance with
any applicable rules adopted by the Board.
The Agency shall issue renewable permits of not longer than
10 years in duration for the composting of landscape wastes, as
defined in Section 3.155 of this Act, based on the above

requirements.
The operator of any facility permitted under this
subsection (m) must submit a written annual statement to the
Agency on or before April 1 of each year that includes an
estimate of the amount of material, in tons, received for
composting.
(n) The Agency shall issue permits jointly with the
Department of Transportation for the dredging or deposit of
material in Lake Michigan in accordance with Section 18 of the
Rivers, Lakes, and Streams Act.
(o) (Blank.)
(p) (1) Any person submitting an application for a permit
for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of this Act for an existing MSWLF
unit that has not received and is not subject to local siting
approval under Section 39.2 of this Act shall publish notice of
the application in a newspaper of general circulation in the
county in which the MSWLF unit is or is proposed to be located.
The notice must be published at least 15 days before submission
of the permit application to the Agency. The notice shall state
the name and address of the applicant, the location of the
MSWLF unit or proposed MSWLF unit, the nature and size of the
MSWLF unit or proposed MSWLF unit, the nature of the activity
proposed, the probable life of the proposed activity, the date
the permit application will be submitted, and a statement that
persons may file written comments with the Agency concerning

the permit application within 30 days after the filing of the
permit application unless the time period to submit comments is
extended by the Agency.
When a permit applicant submits information to the Agency
to supplement a permit application being reviewed by the
Agency, the applicant shall not be required to reissue the
notice under this subsection.
(2) The Agency shall accept written comments concerning the
permit application that are postmarked no later than 30 days
after the filing of the permit application, unless the time
period to accept comments is extended by the Agency.
(3) Each applicant for a permit described in part (1) of
this subsection shall file a copy of the permit application
with the county board or governing body of the municipality in
which the MSWLF unit is or is proposed to be located at the
same time the application is submitted to the Agency. The
permit application filed with the county board or governing
body of the municipality shall include all documents submitted
to or to be submitted to the Agency, except trade secrets as
determined under Section 7.1 of this Act. The permit
application and other documents on file with the county board
or governing body of the municipality shall be made available
for public inspection during regular business hours at the
office of the county board or the governing body of the
municipality and may be copied upon payment of the actual cost
of reproduction.

(q) Within 6 months after July 12, 2011 (the effective date
of Public Act 97-95) this amendatory Act of the 97th General
Assembly, the Agency, in consultation with the regulated
community, shall develop a web portal to be posted on its
website for the purpose of enhancing review and promoting
timely issuance of permits required by this Act. At a minimum,
the Agency shall make the following information available on
the web portal:
(1) Checklists and guidance relating to the completion
of permit applications, developed pursuant to subsection
(s) of this Section, which may include, but are not limited
to, existing instructions for completing the applications
and examples of complete applications. As the Agency
develops new checklists and develops guidance, it shall
supplement the web portal with those materials.
(2) Within 2 years after July 12, 2011 (the effective
date of Public Act 97-95) this amendatory Act of the 97th
General Assembly, permit application forms or portions of
permit applications that can be completed and saved
electronically, and submitted to the Agency electronically
with digital signatures.
(3) Within 2 years after July 12, 2011 (the effective
date of Public Act 97-95) this amendatory Act of the 97th
General Assembly, an online tracking system where an
applicant may review the status of its pending application,
including the name and contact information of the permit

analyst assigned to the application. Until the online
tracking system has been developed, the Agency shall post
on its website semi-annual permitting efficiency tracking
reports that include statistics on the timeframes for
Agency action on the following types of permits received
after July 12, 2011 (the effective date of Public Act
97-95) this amendatory Act of the 97th General Assembly:
air construction permits, new NPDES permits and associated
water construction permits, and modifications of major
NPDES permits and associated water construction permits.
The reports must be posted by February 1 and August 1 each
year and shall include:
(A) the number of applications received for each
type of permit, the number of applications on which the
Agency has taken action, and the number of applications
still pending; and
(B) for those applications where the Agency has not
taken action in accordance with the timeframes set
forth in this Act, the date the application was
received and the reasons for any delays, which may
include, but shall not be limited to, (i) the
application being inadequate or incomplete, (ii)
scientific or technical disagreements with the
applicant, USEPA, or other local, state, or federal
agencies involved in the permitting approval process,
(iii) public opposition to the permit, or (iv) Agency

staffing shortages. To the extent practicable, the
tracking report shall provide approximate dates when
cause for delay was identified by the Agency, when the
Agency informed the applicant of the problem leading to
the delay, and when the applicant remedied the reason
for the delay.
(r) Upon the request of the applicant, the Agency shall
notify the applicant of the permit analyst assigned to the
application upon its receipt.
(s) The Agency is authorized to prepare and distribute
guidance documents relating to its administration of this
Section and procedural rules implementing this Section.
Guidance documents prepared under this subsection shall not be
considered rules and shall not be subject to the Illinois
Administrative Procedure Act. Such guidance shall not be
binding on any party.
(t) Except as otherwise prohibited by federal law or
regulation, any person submitting an application for a permit
may include with the application suggested permit language for
Agency consideration. The Agency is not obligated to use the
suggested language or any portion thereof in its permitting
decision. If requested by the permit applicant, the Agency
shall meet with the applicant to discuss the suggested
language.
(u) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the draft permit

prior to any public review period.
(v) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the final permit
prior to its issuance.
(w) An air pollution permit shall not be required due to
emissions of greenhouse gases, as specified by Section 9.15 of
this Act.
(x) If, before the expiration of a State operating permit
that is issued pursuant to subsection (a) of this Section and
contains federally enforceable conditions limiting the
potential to emit of the source to a level below the major
source threshold for that source so as to exclude the source
from the Clean Air Act Permit Program, the Agency receives a
complete application for the renewal of that permit, then all
of the terms and conditions of the permit shall remain in
effect until final administrative action has been taken on the
application for the renewal of the permit.
(Source: P.A. 98-284, eff. 8-9-13; 99-396, eff. 8-18-15;
99-463, eff. 1-1-16; revised 10-20-15.)
Section 460. The Lawn Care Products Application and Notice
Act is amended by changing Section 7 as follows:
(415 ILCS 65/7) (from Ch. 5, par. 857)
Sec. 7. When an administrative hearing is held by the
Department, the hearing officer, upon determination of any

violation of this Act or rule or regulation, shall either refer
the violation to the State's States Attorney's office in the
county where the alleged violation occurred for prosecution or
levy the following administrative monetary penalties:
(a) a penalty of $250 for a first violation;
(b) a penalty of $500 for a second violation; and
(c) a penalty of $1,000 for a third or subsequent
violation.
The penalty levied shall be collected by the Department,
and all penalties collected by the Department under this Act
shall be deposited into the Pesticide Control Fund. Any penalty
not paid within 60 days of notice from the Department shall be
submitted to the Attorney General's office for collection.
Upon prosecution by a State's Attorney, a violation of this
Act or rules shall be a petty offense subject to a fine of $250
for a first offense, a fine of $500 for a second offense, and a
fine of $1,000 for a third or subsequent offense.
(Source: P.A. 96-1005, eff. 7-6-10; revised 10-20-15.)
Section 465. The Mercury Switch Removal Act is amended by
changing Section 10 as follows:
(415 ILCS 97/10)
(Section scheduled to be repealed on January 1, 2017)
Sec. 10. Removal requirements.
(a) Mercury switches removed from end-of-life vehicles

must be managed in accordance with the Environmental Protection
Act and regulations adopted thereunder.
(b) No person shall represent that all mercury switches
have been removed from a vehicle if all mercury switches have
not been removed from the vehicle, except where a mercury
switch cannot be removed from the vehicle because the switch is
inaccessible due to significant damage to the vehicle in the
area surrounding the switch.
(c) Consistent with the protection of confidential
business information, vehicle recyclers, vehicle crushers, and
scrap metal recyclers that remove mercury switches from
end-of-life vehicles must maintain records documenting the
following for each calendar quarter:
(1) the number of mercury switches the vehicle
recycler, vehicle crusher, or scrap metal recycler removed
from end-of-life vehicles;
(2) the number of end-of-life vehicles received by the
vehicle recycler, vehicle crusher, or scrap metal recycler
that contain one or more mercury switches;
(3) the number of end-of-life vehicles the vehicle
recycler, vehicle crusher, or scrap metal recycler
flattened, crushed, shredded, or otherwise processed for
recycling; and
(4) the make and model of each car from which one or
more mercury switches was removed by the vehicle recycler,
vehicle crusher, or scrap metal recycler.

The records required under this subsection (c) must be
retained at the vehicle recycler's or scrap metal recycler's
place of business for a minimum of 3 years and made available
for inspection and copying by the Agency during normal business
hours.
(d) For the period of July 1, 2006 through though June 30,
2007 and for each period of July 1 through though June 30
thereafter, no later than 45 days after the close of the period
vehicle recyclers, vehicle crushers, and scrap metal recyclers
that remove mercury switches from end-of-life vehicles must
submit to the Agency an annual report containing the following
information for the period: (i) the number of mercury switches
the vehicle recycler, vehicle crusher, or scrap metal recycler
removed from end-of-life vehicles; (ii) the number of
end-of-life vehicles received by the vehicle recycler, vehicle
crusher, or scrap metal recycler that contain one or more
mercury switches; , and (iii) the number of end-of-life vehicles
the vehicle recycler, vehicle crusher, or scrap metal recycler
flattened, crushed, shredded, or otherwise processed for
recycling. Data required to be reported to the United States
Environmental Protection Agency under federal law or
regulation may be used in meeting requirements of this
subsection (d), if the data contains the information required
under items (i), (ii), and (iii) of this subsection.
(Source: P.A. 94-732, eff. 4-24-06; revised 10-21-15.)

Section 470. The Litter Control Act is amended by changing
Section 11 as follows:
(415 ILCS 105/11) (from Ch. 38, par. 86-11)
Sec. 11. This Act shall be enforced by all law enforcement
officers in their respective jurisdictions, whether employed
by the State or by any unit of local government. Prosecutions
for violation of this Act shall be conducted by the State's
Attorneys State attorneys of the several counties and by the
Attorney General of this State.
(Source: P.A. 78-837; revised 10-21-15.)
Section 480. The Pyrotechnic Use Act is amended by changing
Section 1 as follows:
(425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
Sec. 1. Definitions. As used in this Act, the following
words shall have the following meanings:
"1.3G fireworks" means those fireworks used for
professional outdoor displays and classified as fireworks
UN0333, UN0334, or UN0335 by the United States Department of
Transportation under 49 C.F.R. 172.101.
"Consumer distributor" means any person who distributes,
offers for sale, sells, or exchanges for consideration consumer
fireworks in Illinois to another distributor or directly to any
retailer or person for resale.

"Consumer fireworks" means those fireworks that must
comply with the construction, chemical composition, and
labeling regulations of the U.S. Consumer Products Safety
Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and
classified as fireworks UN0336 or UN0337 by the United States
Department of Transportation under 49 C.F.R. 172.101.
"Consumer fireworks" shall not include snake or glow worm
pellets; smoke devices; trick noisemakers known as "party
poppers", "booby traps", "snappers", "trick matches",
"cigarette loads", and "auto burglar alarms"; sparklers; toy
pistols, toy canes, toy guns, or other devices in which paper
or plastic caps containing twenty-five hundredths grains or
less of explosive compound are used, provided they are so
constructed that the hand cannot come in contact with the cap
when in place for the explosion; and toy pistol paper or
plastic caps that contain less than twenty hundredths grains of
explosive mixture; the sale and use of which shall be permitted
at all times.
"Consumer fireworks display" or "consumer display" means
the detonation, ignition, or deflagration of consumer
fireworks to produce a visual or audible effect.
"Consumer operator" means an adult individual who is
responsible for the safety, setup, and discharge of the
consumer fireworks display and who has completed the training
required in Section 2.2 of this Act.
"Consumer retailer" means any person who offers for sale,

sells, or exchanges for consideration consumer fireworks in
Illinois directly to any person with a consumer display permit.
"Display fireworks" means 1.3G or special effects
fireworks or as further defined in the Pyrotechnic Distributor
and Operator Licensing Act.
"Flame effect" means the detonation, ignition, or
deflagration of flammable gases, liquids, or special materials
to produce a thermal, physical, visual, or audible effect
before the public, invitees, or licensees, regardless of
whether admission is charged, in accordance with National Fire
Protection Association 160 guidelines, and as may be further
defined in the Pyrotechnic Distributor and Operator Licensing
Act.
"Lead pyrotechnic operator" means an individual who is
responsible for the safety, setup, and discharge of the
pyrotechnic display or pyrotechnic service and who is licensed
pursuant to the Pyrotechnic Distributor and Operator Licensing
Act.
"Person" means an individual, firm, corporation,
association, partnership, company, consortium, joint venture,
commercial entity, state, municipality, or political
subdivision of a state or any agency, department, or
instrumentality of the United States and any officer, agent, or
employee of these entities.
"Production company" means any person in the film, digital
and video media, television, commercial, music, or theatrical

stage industry who provides pyrotechnic services or
pyrotechnic display services as part of a film, digital and
video media, television, commercial, music, or theatrical
production in the State of Illinois and is licensed by the
Office pursuant to the Pyrotechnic Distributor and Operator
Licensing Act.
"Pyrotechnic display" means the detonation, ignition, or
deflagration of display fireworks or flame effects to produce
visual or audible effects of an a exhibitional nature before
the public, invitees, or licensees, regardless of whether
admission is charged, and as may be further defined in the
Pyrotechnic Distributor and Operator Licensing Act.
"Pyrotechnic distributor" means any person who distributes
display fireworks for sale in the State of Illinois or provides
them as part of a pyrotechnic display service in the State of
Illinois or provides only pyrotechnic services and is licensed
by the Office pursuant to the Pyrotechnic Distributor and
Operator Licensing Act.
"Pyrotechnic service" means the detonation, ignition, or
deflagration of display fireworks, special effects, or flame
effects to produce a visual or audible effect.
"Special effects fireworks" means pyrotechnic devices used
for special effects by professionals in the performing arts in
conjunction with theatrical, musical, or other productions
that are similar to consumer fireworks in chemical compositions
and construction, but are not intended for consumer use and are

not labeled as such or identified as "intended for indoor use".
"Special effects fireworks" are classified as fireworks UN0431
or UN0432 by the United States Department of Transportation
under 49 C.F.R. 172.101.
(Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12;
revised 10-20-15.)
Section 485. The Hazardous Materials Emergency Act is
amended by changing Section 4 as follows:
(430 ILCS 50/4) (from Ch. 127, par. 1254)
Sec. 4. There is hereby created a Hazardous Materials
Advisory Board, composed of 21 members as follows: the Director
of the Illinois Emergency Management Agency, or his designee;
the Director of Agriculture or his designee; the Chairman of
the Illinois Commerce Commission or his designee; the Director
of Public Health or his designee; the Director of the
Environmental Protection Agency or his designee; the Secretary
of Transportation or his designee; the State Fire Marshal or
his designee; the Director of State Police or his designee; the
Director of Natural Resources or his designee; the Illinois
Attorney General or his designee; the Director of Nuclear
Safety or his designee; the Executive Director of the Illinois
Law Enforcement Training Standards Board or his designee; the
Director of the Illinois Fire Service Institute, University of
Illinois, or his designee; and a representative from the

Illinois Association of Chiefs of Police; the Illinois Fire
Chiefs Chief's Association; the Illinois Sheriffs' Sheriff's
Association; the Illinois Emergency Services Management
Association; and 4 members appointed by the Governor, one of
whom shall represent volunteer firefighters, one of whom shall
represent the local emergency response service and two shall
represent the business community. The Chairman shall be
selected by the membership from those members not representing
a State agency.
The Board shall meet within 90 days of January 1, 1985 (the
effective date of Public Act 83-1368) this amendatory Act of
1984 to select a chairman, other officers and establish an
organization structure as the members deem necessary and
thereafter at the call of the chair or any 11 members. A person
who has been designated by the Director of his department to
represent the Director on the Board shall be entitled to vote
on all questions before the Board. Eleven members of the Board
constitute a quorum, except that where members have not been
appointed or designated to the Board, a quorum shall be
constituted by a simple majority of the appointed or designated
membership.
The Board shall advise and make recommendations to the
Agency regarding the reporting of an accident involving
hazardous materials and to the Department regarding the
placarding of transportation of hazardous materials. The Board
shall design a program and develop a Statewide plan providing

for a coordinating system among State agencies and departments
and units of local government, for response to accidents
involving hazardous materials. Every attempt shall be made to
avoid requiring any person to report an accident involving
hazardous materials to more than one State agency. If at all
possible, the primary agency receiving the reports shall be the
Illinois Emergency Management Agency, and that agency shall
relay reports to other State and local agencies.
The Board shall form from among its members, an Emergency
Response Training and Standards Committee. The Secretary of
Transportation or his designee, the State Fire Marshal or his
designee, and the representatives from the Chiefs of Police,
Fire Chiefs and Sheriffs' Sheriff's Association shall also
serve on the Committee. It shall be the duty of this Committee,
with final approval of the Board, to recommend standardized
training courses for firefighters, police officers, and other
hazardous material emergency response personnel of the State
and local governments; to recommend standards for hazardous
material emergency response equipment; and recommend standards
for achievement levels for the various hazardous material
emergency response personnel. The standardized courses shall
include training for firefighters, police officers, and other
hazardous material emergency response personnel described in
the federal regulations relating to the placarding system that
has been promulgated under the Hazardous Materials
Transportation Act (P.L. 93-633).

The Board shall review and recommend the material to be
provided under Sections 5.04, 5.05, and 5.06 of this Act and
assure the development of a plan for those activities in
Section 5.07 of this Act.
The Board shall have the duty to study and recommend to the
various State agencies, local governments and the General
Assembly any aspect of placarding in transportation, hazard
signage systems, the training of hazardous material emergency
response personnel, the equipment used in hazardous material
emergency response, the planning for hazardous material
emergency response, and the dissemination of information
concerning these areas.
The Department of Transportation and the Illinois
Emergency Management Agency shall furnish meeting facilities,
staff, and other administrative needs of the Board. The Agency
or the Department shall inform the Board whenever the Agency or
the Department is considering the adoption of any regulations
under this Act. The Agency or the Department shall send a copy
of all proposed regulations to each member of the Board; the
Board shall be represented at all public hearings regarding
proposals for and changes in Agency or the Department
regulations. The Board may, at its discretion, present the
Agency or the Department with its written evaluation of the
proposed regulations or changes.
Before the Department exempts any hazardous material from
the placarding regulations, under Section 3 of this Act, the

Board must approve the regulations providing for the exemption.
(Source: P.A. 89-445, eff. 2-7-96; 90-449, eff. 8-16-97;
revised 10-20-15.)
Section 490. The Firearm Owners Identification Card Act is
amended by changing Section 1.1 as follows:
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
(1) convicted of an offense involving the use or
possession of cannabis, a controlled substance, or
methamphetamine within the past year; or
(2) determined by the Department of State Police to be
addicted to narcotics based upon federal law or federal
guidelines.
"Addicted to narcotics" does not include possession or use
of a prescribed controlled substance under the direction and
authority of a physician or other person authorized to
prescribe the controlled substance when the controlled
substance is used in the prescribed manner.
"Adjudicated as a person with a mental disability" means
the person is the subject of a determination by a court, board,
commission or other lawful authority that the person, as a
result of marked subnormal intelligence, or mental illness,
mental impairment, incompetency, condition, or disease:

(1) presents a clear and present danger to himself,
herself, or to others;
(2) lacks the mental capacity to manage his or her own
affairs or is adjudicated a person with a disability as
defined in Section 11a-2 of the Probate Act of 1975;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(3.5) is guilty but mentally ill, as provided in
Section 5-2-6 of the Unified Code of Corrections;
(4) is incompetent to stand trial in a criminal case;
(5) is not guilty by reason of lack of mental
responsibility under Articles 50a and 72b of the Uniform
Code of Military Justice, 10 U.S.C. 850a, 876b;
(6) is a sexually violent person under subsection (f)
of Section 5 of the Sexually Violent Persons Commitment
Act;
(7) is a sexually dangerous person under the Sexually
Dangerous Persons Act;
(8) is unfit to stand trial under the Juvenile Court
Act of 1987;
(9) is not guilty by reason of insanity under the
Juvenile Court Act of 1987;
(10) is subject to involuntary admission as an
inpatient as defined in Section 1-119 of the Mental Health
and Developmental Disabilities Code;
(11) is subject to involuntary admission as an

outpatient as defined in Section 1-119.1 of the Mental
Health and Developmental Disabilities Code;
(12) is subject to judicial admission as set forth in
Section 4-500 of the Mental Health and Developmental
Disabilities Code; or
(13) is subject to the provisions of the Interstate
Agreements on Sexually Dangerous Persons Act.
"Clear and present danger" means a person who:
(1) communicates a serious threat of physical violence
against a reasonably identifiable victim or poses a clear
and imminent risk of serious physical injury to himself,
herself, or another person as determined by a physician,
clinical psychologist, or qualified examiner; or
(2) demonstrates threatening physical or verbal
behavior, such as violent, suicidal, or assaultive
threats, actions, or other behavior, as determined by a
physician, clinical psychologist, qualified examiner,
school administrator, or law enforcement official.
"Clinical psychologist" has the meaning provided in
Section 1-103 of the Mental Health and Developmental
Disabilities Code.
"Controlled substance" means a controlled substance or
controlled substance analog as defined in the Illinois
Controlled Substances Act.
"Counterfeit" means to copy or imitate, without legal
authority, with intent to deceive.

disability
This disability results in the professional opinion of a
physician, clinical psychologist, or qualified examiner, in
significant functional limitations in 3 or more of the
following areas of major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility; or
(v) self-direction.
"Federally licensed firearm dealer" means a person who is
licensed as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. 923).
"Firearm" means any device, by whatever name known, which
is designed to expel a projectile or projectiles by the action
of an explosion, expansion of gas or escape of gas; excluding,
however:
(1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels a single globular projectile not
exceeding .18 inch in diameter or which has a maximum
muzzle velocity of less than 700 feet per second;
(1.1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels breakable paint balls containing
washable marking colors;
(2) any device used exclusively for signalling or
safety and required or recommended by the United States

Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud
cartridges, explosive rivets or similar industrial
ammunition; and
(4) an antique firearm (other than a machine-gun)
which, although designed as a weapon, the Department of
State Police finds by reason of the date of its
manufacture, value, design, and other characteristics is
primarily a collector's item and is not likely to be used
as a weapon.
"Firearm ammunition" means any self-contained cartridge or
shotgun shell, by whatever name known, which is designed to be
used or adaptable to use in a firearm; excluding, however:
(1) any ammunition exclusively designed for use with a
device used exclusively for signalling or safety and
required or recommended by the United States Coast Guard or
the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with a
stud or rivet driver or other similar industrial
ammunition.
"Gun show" means an event or function:
(1) at which the sale and transfer of firearms is the
regular and normal course of business and where 50 or more
firearms are displayed, offered, or exhibited for sale,
transfer, or exchange; or
(2) at which not less than 10 gun show vendors display,

offer, or exhibit for sale, sell, transfer, or exchange
firearms.
"Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or
function, that is sponsored to facilitate the purchase, sale,
transfer, or exchange of firearms as described in this Section.
Nothing in this definition shall be construed to exclude a gun
show held in conjunction with competitive shooting events at
the World Shooting Complex sanctioned by a national governing
body in which the sale or transfer of firearms is authorized
under subparagraph (5) of paragraph (g) of subsection (A) of
Section 24-3 of the Criminal Code of 2012.
Unless otherwise expressly stated, "gun show" does not
include training or safety classes, competitive shooting
events, such as rifle, shotgun, or handgun matches, trap,
skeet, or sporting clays shoots, dinners, banquets, raffles, or
any other event where the sale or transfer of firearms is not
the primary course of business.
"Gun show promoter" means a person who organizes or
operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun
show, regardless of whether the person arranges with a gun show
promoter for a fixed location from which to exhibit, sell,
offer for sale, transfer, or exchange any firearm.
"Involuntarily admitted" has the meaning as prescribed in

Sections 1-119 and 1-119.1 of the Mental Health and
Developmental Disabilities Code.
"Mental health facility" means any licensed private
hospital or hospital affiliate, institution, or facility, or
part thereof, and any facility, or part thereof, operated by
the State or a political subdivision thereof which provide
treatment of persons with mental illness and includes all
hospitals, institutions, clinics, evaluation facilities,
mental health centers, colleges, universities, long-term care
facilities, and nursing homes, or parts thereof, which provide
treatment of persons with mental illness whether or not the
primary purpose is to provide treatment of persons with mental
illness.
"National governing body" means a group of persons who
adopt rules and formulate policy on behalf of a national
firearm sporting organization.
"Patient" means:
(1) a person who voluntarily receives mental health
treatment as an in-patient or resident of any public or
private mental health facility, unless the treatment was
solely for an alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness; or
(2) a person who voluntarily receives mental health
treatment as an out-patient or is provided services by a
public or private mental health facility, and who poses a
clear and present danger to himself, herself, or to others.

"Person with a developmental disability" means a person
with a disability which is attributable to any other condition
which results in impairment similar to that caused by an
intellectual disability and which requires services similar to
those required by persons with intellectual disabilities. The
disability must originate before the age of 18 years, be
expected to continue indefinitely, and constitute a
substantial disability. This disability results, in the
professional opinion of a physician, clinical psychologist, or
qualified examiner, in significant functional limitations in 3
or more of the following areas of major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility; or
(v) self-direction.
"Person with an intellectual disability" means a person
with a significantly subaverage general intellectual
functioning which exists concurrently with impairment in
adaptive behavior and which originates before the age of 18
years.
"Physician" has the meaning as defined in Section 1-120 of
the Mental Health and Developmental Disabilities Code.
"Qualified examiner" has the meaning provided in Section
1-122 of the Mental Health and Developmental Disabilities Code.
"Sanctioned competitive shooting event" means a shooting

contest officially recognized by a national or state shooting
sport association, and includes any sight-in or practice
conducted in conjunction with the event.
"School administrator" means the person required to report
under the School Administrator Reporting of Mental Health Clear
and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in
Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
eff. 7-27-15; revised 10-20-15.)
Section 495. The Beef Market Development Act is amended by
changing Section 7 as follows:
(505 ILCS 25/7) (from Ch. 5, par. 1407)
Sec. 7. Acceptance of grants and gifts. (a) The Checkoff
Division may accept grants, donations, contributions, or gifts
from any source, provided the use of such resources is not
restricted in any manner which is deemed inconsistent with the
objectives of the program.
(Source: P.A. 99-389, eff. 8-18-15; revised 10-16-15.)
Section 500. The Illinois Conservation Enhancement Act is
amended by changing Section 2-2 as follows:
(505 ILCS 35/2-2) (from Ch. 5, par. 2402-2)

Sec. 2-2. Payments to the landowner. The Director shall,
subject to available funds and appropriations, make the
following payments to the landowner:
(1) establishment of the perennial cover or other
improvements required by the agreement, up to 60% of the cost,
but not to exceed $75 per acre, for easements of limited
duration;
(2) the cost of planting trees required by the agreement,
up to 80% of the cost, but not to exceed $75 per acre, for
easements of limited duration;
(3) a permanent easement, not to exceed 70% of the fair
market value at the time the easement is conveyed, and payment
of 100% of the cost, but not to exceed $75 per acre, to
establish the perennial cover, other improvements or to plant
trees required by the agreement; and
(4) an easement of limited duration, not to exceed 90% of
the present value of the average of the acceptable bids for the
federal Conservation Reserve Program, as contained in Public
Law Number 99-198, in the relevant geographic area and on bids
made immediately prior to when the easement is conveyed. If
federal bid figures have not been determined for the area, or
the federal program has been discontinued, the rate paid shall
be determined by the Director.
The Director may not pay more than $50,000 annually to a
landowner for the landowner's conservation easements and
agreements. Any cost-share payments shall be in addition to

this $50,000 limit.
The Director may supplement cost-share payments made under
other local, State or federal programs, not to exceed $75 an
and acre, to the extent of available appropriations. The
supplemental cost-share payments must be used to establish
perennial cover on land enrolled in programs approved by the
Director.
(Source: P.A. 85-1332; revised 10-16-15.)
Section 505. The Animal Control Act is amended by changing
Section 15 as follows:
(510 ILCS 5/15) (from Ch. 8, par. 365)
Sec. 15. (a) In order to have a dog deemed "vicious", the
Administrator, Deputy Administrator, or law enforcement
officer must give notice of the infraction that is the basis of
the investigation to the owner, conduct a thorough
investigation, interview any witnesses, including the owner,
gather any existing medical records, veterinary medical
records or behavioral evidence, and make a detailed report
recommending a finding that the dog is a vicious dog and give
the report to the State's States Attorney's Office and the
owner. The Administrator, State's Attorney, Director or any
citizen of the county in which the dog exists may file a
complaint in the circuit court in the name of the People of the
State of Illinois to deem a dog to be a vicious dog. Testimony

of a certified applied behaviorist, a board certified
veterinary behaviorist, or another recognized expert may be
relevant to the court's determination of whether the dog's
behavior was justified. The petitioner must prove the dog is a
vicious dog by clear and convincing evidence. The Administrator
shall determine where the animal shall be confined during the
pendency of the case.
A dog may not be declared vicious if the court determines
the conduct of the dog was justified because:
(1) the threat, injury, or death was sustained by a
person who at the time was committing a crime or offense
upon the owner or custodian of the dog, or was committing a
willful trespass or other tort upon the premises or
property owned or occupied by the owner of the animal;
(2) the injured, threatened, or killed person was
abusing, assaulting, or physically threatening the dog or
its offspring, or has in the past abused, assaulted, or
physically threatened the dog or its offspring; or
(3) the dog was responding to pain or injury, or was
protecting itself, its owner, custodian, or member of its
household, kennel, or offspring.
No dog shall be deemed "vicious" if it is a professionally
trained dog for law enforcement or guard duties. Vicious dogs
shall not be classified in a manner that is specific as to
breed.
If the burden of proof has been met, the court shall deem

the dog to be a vicious dog.
If a dog is found to be a vicious dog, the owner shall pay a
$100 public safety fine to be deposited into the Pet Population
Control Fund, the dog shall be spayed or neutered within 10
days of the finding at the expense of its owner and
microchipped, if not already, and the dog is subject to
enclosure. If an owner fails to comply with these requirements,
the animal control agency shall impound the dog and the owner
shall pay a $500 fine plus impoundment fees to the animal
control agency impounding the dog. The judge has the discretion
to order a vicious dog be euthanized. A dog found to be a
vicious dog shall not be released to the owner until the
Administrator, an Animal Control Warden, or the Director
approves the enclosure. No owner or keeper of a vicious dog
shall sell or give away the dog without approval from the
Administrator or court. Whenever an owner of a vicious dog
relocates, he or she shall notify both the Administrator of
County Animal Control where he or she has relocated and the
Administrator of County Animal Control where he or she formerly
resided.
(b) It shall be unlawful for any person to keep or maintain
any dog which has been found to be a vicious dog unless the dog
is kept in an enclosure. The only times that a vicious dog may
be allowed out of the enclosure are (1) if it is necessary for
the owner or keeper to obtain veterinary care for the dog, (2)
in the case of an emergency or natural disaster where the dog's

life is threatened, or (3) to comply with the order of a court
of competent jurisdiction, provided that the dog is securely
muzzled and restrained with a leash not exceeding 6 feet in
length, and shall be under the direct control and supervision
of the owner or keeper of the dog or muzzled in its residence.
Any dog which has been found to be a vicious dog and which
is not confined to an enclosure shall be impounded by the
Administrator, an Animal Control Warden, or the law enforcement
authority having jurisdiction in such area.
If the owner of the dog has not appealed the impoundment
order to the circuit court in the county in which the animal
was impounded within 15 working days, the dog may be
euthanized.
Upon filing a notice of appeal, the order of euthanasia
shall be automatically stayed pending the outcome of the
appeal. The owner shall bear the burden of timely notification
to animal control in writing.
Guide dogs for the blind or hearing impaired, support dogs
for persons with physical disabilities, accelerant detection
dogs, and sentry, guard, or police-owned dogs are exempt from
this Section; provided, an attack or injury to a person occurs
while the dog is performing duties as expected. To qualify for
exemption under this Section, each such dog shall be currently
inoculated against rabies in accordance with Section 8 of this
Act. It shall be the duty of the owner of such exempted dog to
notify the Administrator of changes of address. In the case of

a sentry or guard dog, the owner shall keep the Administrator
advised of the location where such dog will be stationed. The
Administrator shall provide police and fire departments with a
categorized list of such exempted dogs, and shall promptly
notify such departments of any address changes reported to him.
(c) If the animal control agency has custody of the dog,
the agency may file a petition with the court requesting that
the owner be ordered to post security. The security must be in
an amount sufficient to secure payment of all reasonable
expenses expected to be incurred by the animal control agency
or animal shelter in caring for and providing for the dog
pending the determination. Reasonable expenses include, but
are not limited to, estimated medical care and boarding of the
animal for 30 days. If security has been posted in accordance
with this Section, the animal control agency may draw from the
security the actual costs incurred by the agency in caring for
the dog.
(d) Upon receipt of a petition, the court must set a
hearing on the petition, to be conducted within 5 business days
after the petition is filed. The petitioner must serve a true
copy of the petition upon the defendant.
(e) If the court orders the posting of security, the
security must be posted with the clerk of the court within 5
business days after the hearing. If the person ordered to post
security does not do so, the dog is forfeited by operation of
law and the animal control agency must dispose of the animal

through adoption or humane euthanization.
(Source: P.A. 99-143, eff. 7-27-15; revised 10-20-15.)
Section 510. The Herptiles-Herps Act is amended by changing
Section 80-5 as follows:
(510 ILCS 68/80-5)
Sec. 80-5. Injury to a member of public by special use
herptiles. A person who possesses a special use herptile
without complying with the requirements of this Act and the
rules adopted under the authority of this Act and whose special
use herptile harms a person when the possessor knew or should
have known that the herptile had a propensity, when provoked or
unprovoked, to harm, cause injury to, or otherwise
substantially endanger a member of the public is guilty of a
Class A misdemeanor. A person who fails to comply with the
provisions of this Act and the rules adopted under the
authority of this Act and who intentionally or knowingly allows
allow a special use herptile to cause great bodily harm to, or
the death of, a human is guilty of a Class 4 felony.
(Source: P.A. 98-752, eff. 1-1-15; revised 10-20-15.)
Section 515. The Humane Care for Animals Act is amended by
changing Section 3.01 as follows:
(510 ILCS 70/3.01) (from Ch. 8, par. 703.01)

Sec. 3.01. Cruel treatment.
(a) No person or owner may beat, cruelly treat, torment,
starve, overwork or otherwise abuse any animal.
(b) No owner may abandon any animal where it may become a
public charge or may suffer injury, hunger or exposure.
(c) No owner of a dog or cat that is a companion animal may
expose the dog or cat in a manner that places the dog or cat in
a life-threatening situation for a prolonged period of time in
extreme heat or cold conditions that results in injury to or
death of the animal.
(d) (c) A person convicted of violating this Section is
guilty of a Class A misdemeanor. A second or subsequent
conviction for a violation of this Section is a Class 4 felony.
In addition to any other penalty provided by law, a person who
is convicted of violating subsection (a) upon a companion
animal in the presence of a child, as defined in Section 12-0.1
of the Criminal Code of 2012, shall be subject to a fine of
$250 and ordered to perform community service for not less than
100 hours. In addition to any other penalty provided by law,
upon conviction for violating this Section, the court may order
the convicted person to undergo a psychological or psychiatric
evaluation and to undergo any treatment at the convicted
person's expense that the court determines to be appropriate
after due consideration of the evidence. If the convicted
person is a juvenile or a companion animal hoarder, the court
must order the convicted person to undergo a psychological or

psychiatric evaluation and to undergo treatment that the court
determines to be appropriate after due consideration of the
evaluation.
(Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; revised
10-20-15.)
Section 520. The Wildlife Code is amended by changing
Sections 2.26, 2.33, and 3.31 as follows:
(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
Sec. 2.26. Deer hunting permits. In this Section, "bona
fide equity shareholder" means an individual who (1) purchased,
for market price, publicly sold stock shares in a corporation,
purchased shares of a privately-held corporation for a value
equal to the percentage of the appraised value of the corporate
assets represented by the ownership in the corporation, or is a
member of a closely-held family-owned corporation and has
purchased or been gifted with shares of stock in the
corporation accurately reflecting his or her percentage of
ownership and (2) intends to retain the ownership of the shares
of stock for at least 5 years.
In this Section, "bona fide equity member" means an
individual who (1) (i) became a member upon the formation of
the limited liability company or (ii) has purchased a
distributional interest in a limited liability company for a
value equal to the percentage of the appraised value of the LLC

assets represented by the distributional interest in the LLC
and subsequently becomes a member of the company pursuant to
Article 30 of the Limited Liability Company Act and who (2)
intends to retain the membership for at least 5 years.
In this Section, "bona fide equity partner" means an
individual who (1) (i) became a partner, either general or
limited, upon the formation of a partnership or limited
partnership, or (ii) has purchased, acquired, or been gifted a
partnership interest accurately representing his or her
percentage distributional interest in the profits, losses, and
assets of a partnership or limited partnership, (2) intends to
retain ownership of the partnership interest for at least 5
years, and (3) is a resident of Illinois.
Any person attempting to take deer shall first obtain a
"Deer Hunting Permit" issued by the Department in accordance
with its administrative rules. Those rules must provide for the
issuance of the following types of resident deer archery
permits: (i) a combination permit, consisting of one either-sex
permit and one antlerless-only permit, (ii) a single
antlerless-only permit, and (iii) a single either-sex permit.
The fee for a Deer Hunting Permit to take deer with either bow
and arrow or gun shall not exceed $25.00 for residents of the
State. The Department may by administrative rule provide for
non-resident deer hunting permits for which the fee will not
exceed $300 in 2005, $350 in 2006, and $400 in 2007 and
thereafter except as provided below for non-resident

landowners and non-resident archery hunters. The Department
may by administrative rule provide for a non-resident archery
deer permit consisting of not more than 2 harvest tags at a
total cost not to exceed $325 in 2005, $375 in 2006, and $425
in 2007 and thereafter. Permits shall be issued without charge
to:
(a) Illinois landowners residing in Illinois who own at
least 40 acres of Illinois land and wish to hunt their land
only,
(b) resident tenants of at least 40 acres of commercial
agricultural land where they will hunt, and
(c) Bona fide equity shareholders of a corporation,
bona fide equity members of a limited liability company, or
bona fide equity partners of a general or limited
partnership which owns at least 40 acres of land in a
county in Illinois who wish to hunt on the corporation's,
company's, or partnership's land only. One permit shall be
issued without charge to one bona fide equity shareholder,
one bona fide equity member, or one bona fide equity
partner for each 40 acres of land owned by the corporation,
company, or partnership in a county; however, the number of
permits issued without charge to bona fide equity
shareholders of any corporation or bona fide equity members
of a limited liability company in any county shall not
exceed 15, and shall not exceed 3 in the case of bona fide
equity partners of a partnership.

Bona fide landowners or tenants who do not wish to hunt
only on the land they own, rent, or lease or bona fide equity
shareholders, bona fide equity members, or bona fide equity
partners who do not wish to hunt only on the land owned by the
corporation, limited liability company, or partnership shall
be charged the same fee as the applicant who is not a
landowner, tenant, bona fide equity shareholder, bona fide
equity member, or bona fide equity partner. Nonresidents of
Illinois who own at least 40 acres of land and wish to hunt on
their land only shall be charged a fee set by administrative
rule. The method for obtaining these permits shall be
prescribed by administrative rule.
The deer hunting permit issued without fee shall be valid
on all farm lands which the person to whom it is issued owns,
leases or rents, except that in the case of a permit issued to
a bona fide equity shareholder, bona fide equity member, or
bona fide equity partner, the permit shall be valid on all
lands owned by the corporation, limited liability company, or
partnership in the county.
The standards and specifications for use of guns and bow
and arrow for deer hunting shall be established by
administrative rule.
No person may have in his possession any firearm not
authorized by administrative rule for a specific hunting season
when taking deer.
Persons having a firearm deer hunting permit shall be

permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during those
days for which an open season is established for the taking of
deer by use of shotgun, handgun, or muzzle loading rifle.
Persons having an archery deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during those
days for which an open season is established for the taking of
deer by use of bow and arrow.
It shall be unlawful for any person to take deer by use of
dogs, horses, automobiles, aircraft or other vehicles, or by
the use or aid of bait or baiting of any kind. For the purposes
of this Section, "bait" means any material, whether liquid or
solid, including food, salt, minerals, and other products,
except pure water, that can be ingested, placed, or scattered
in such a manner as to attract or lure white-tailed deer.
"Baiting" means the placement or scattering of bait to attract
deer. An area is considered as baited during the presence of
and for 10 consecutive days following the removal of bait.
Nothing in this Section shall prohibit the use of a dog to
track wounded deer. Any person using a dog for tracking wounded
deer must maintain physical control of the dog at all times by
means of a maximum 50 foot lead attached to the dog's collar or
harness. Tracking wounded deer is permissible at night, but at
no time outside of legal deer hunting hours or seasons shall
any person handling or accompanying a dog being used for

tracking wounded deer be in possession of any firearm or
archery device. Persons tracking wounded deer with a dog during
the firearm deer seasons shall wear blaze orange as required.
Dog handlers tracking wounded deer with a dog are exempt from
hunting license and deer permit requirements so long as they
are accompanied by the licensed deer hunter who wounded the
deer.
It shall be unlawful to possess or transport any wild deer
which has been injured or killed in any manner upon a public
highway or public right-of-way of this State unless exempted by
administrative rule.
Persons hunting deer must have gun unloaded and no bow and
arrow device shall be carried with the arrow in the nocked
position during hours when deer hunting is unlawful.
It shall be unlawful for any person, having taken the legal
limit of deer by gun, to further participate with gun in any
deer hunting party.
It shall be unlawful for any person, having taken the legal
limit of deer by bow and arrow, to further participate with bow
and arrow in any deer hunting party.
The Department may prohibit upland game hunting during the
gun deer season by administrative rule.
The Department shall not limit the number of non-resident,
either-sex either sex archery deer hunting permits to less than
20,000.
Any person who violates any of the provisions of this

Section, including administrative rules, shall be guilty of a
Class B misdemeanor.
For the purposes of calculating acreage under this Section,
the Department shall, after determining the total acreage of
the applicable tract or tracts of land, round remaining
fractional portions of an acre greater than or equal to half of
an acre up to the next whole acre.
For the purposes of taking white-tailed deer, nothing in
this Section shall be construed to prevent the manipulation,
including mowing or cutting, of standing crops as a normal
agricultural or soil stabilization practice, food plots, or
normal agricultural practices, including planting, harvesting,
and maintenance such as cultivating or the use of products
designed for scent only and not capable of ingestion, solid or
liquid, placed or scattered, in such a manner as to attract or
lure deer. Such manipulation for the purpose of taking
white-tailed deer may be further modified by administrative
rule.
(Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12;
98-180, eff. 8-5-13; revised 10-20-15.)
(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
Sec. 2.33. Prohibitions.
(a) It is unlawful to carry or possess any gun in any State
refuge unless otherwise permitted by administrative rule.
(b) It is unlawful to use or possess any snare or

snare-like device, deadfall, net, or pit trap to take any
species, except that snares not powered by springs or other
mechanical devices may be used to trap fur-bearing mammals, in
water sets only, if at least one-half of the snare noose is
located underwater at all times.
(c) It is unlawful for any person at any time to take a
wild mammal protected by this Act from its den by means of any
mechanical device, spade, or digging device or to use smoke or
other gases to dislodge or remove such mammal except as
provided in Section 2.37.
(d) It is unlawful to use a ferret or any other small
mammal which is used in the same or similar manner for which
ferrets are used for the purpose of frightening or driving any
mammals from their dens or hiding places.
(e) (Blank).
(f) It is unlawful to use spears, gigs, hooks or any like
device to take any species protected by this Act.
(g) It is unlawful to use poisons, chemicals or explosives
for the purpose of taking any species protected by this Act.
(h) It is unlawful to hunt adjacent to or near any peat,
grass, brush or other inflammable substance when it is burning.
(i) It is unlawful to take, pursue or intentionally harass
or disturb in any manner any wild birds or mammals by use or
aid of any vehicle or conveyance, except as permitted by the
Code of Federal Regulations for the taking of waterfowl. It is
also unlawful to use the lights of any vehicle or conveyance or

any light from or any light connected to the vehicle or
conveyance in any area where wildlife may be found except in
accordance with Section 2.37 of this Act; however, nothing in
this Section shall prohibit the normal use of headlamps for the
purpose of driving upon a roadway. Striped skunk, opossum, red
fox, gray fox, raccoon, bobcat, and coyote may be taken during
the open season by use of a small light which is worn on the
body or hand-held by a person on foot and not in any vehicle.
(j) It is unlawful to use any shotgun larger than 10 gauge
while taking or attempting to take any of the species protected
by this Act.
(k) It is unlawful to use or possess in the field any
shotgun shell loaded with a shot size larger than lead BB or
steel T (.20 diameter) when taking or attempting to take any
species of wild game mammals (excluding white-tailed deer),
wild game birds, migratory waterfowl or migratory game birds
protected by this Act, except white-tailed deer as provided for
in Section 2.26 and other species as provided for by subsection
(l) or administrative rule.
(l) It is unlawful to take any species of wild game, except
white-tailed deer and fur-bearing mammals, with a shotgun
loaded with slugs unless otherwise provided for by
administrative rule.
(m) It is unlawful to use any shotgun capable of holding
more than 3 shells in the magazine or chamber combined, except
on game breeding and hunting preserve areas licensed under

Section 3.27 and except as permitted by the Code of Federal
Regulations for the taking of waterfowl. If the shotgun is
capable of holding more than 3 shells, it shall, while being
used on an area other than a game breeding and shooting
preserve area licensed pursuant to Section 3.27, be fitted with
a one piece plug that is irremovable without dismantling the
shotgun or otherwise altered to render it incapable of holding
more than 3 shells in the magazine and chamber, combined.
(n) It is unlawful for any person, except persons who
possess a permit to hunt from a vehicle as provided in this
Section and persons otherwise permitted by law, to have or
carry any gun in or on any vehicle, conveyance or aircraft,
unless such gun is unloaded and enclosed in a case, except that
at field trials authorized by Section 2.34 of this Act,
unloaded guns or guns loaded with blank cartridges only, may be
carried on horseback while not contained in a case, or to have
or carry any bow or arrow device in or on any vehicle unless
such bow or arrow device is unstrung or enclosed in a case, or
otherwise made inoperable.
(o) It is unlawful to use any crossbow for the purpose of
taking any wild birds or mammals, except as provided for in
Section 2.5.
(p) It is unlawful to take game birds, migratory game birds
or migratory waterfowl with a rifle, pistol, revolver or
airgun.
(q) It is unlawful to fire a rifle, pistol, revolver or

airgun on, over or into any waters of this State, including
frozen waters.
(r) It is unlawful to discharge any gun or bow and arrow
device along, upon, across, or from any public right-of-way or
highway in this State.
(s) It is unlawful to use a silencer or other device to
muffle or mute the sound of the explosion or report resulting
from the firing of any gun.
(t) It is unlawful for any person to take or attempt to
take any species of wildlife or parts thereof, intentionally or
wantonly allow a dog to hunt, within or upon the land of
another, or upon waters flowing over or standing on the land of
another, or to knowingly shoot a gun or bow and arrow device at
any wildlife physically on or flying over the property of
another without first obtaining permission from the owner or
the owner's designee. For the purposes of this Section, the
owner's designee means anyone who the owner designates in a
written authorization and the authorization must contain (i)
the legal or common description of property for such authority
is given, (ii) the extent that the owner's designee is
authorized to make decisions regarding who is allowed to take
or attempt to take any species of wildlife or parts thereof,
and (iii) the owner's notarized signature. Before enforcing
this Section the law enforcement officer must have received
notice from the owner or the owner's designee of a violation of
this Section. Statements made to the law enforcement officer

regarding this notice shall not be rendered inadmissible by the
hearsay rule when offered for the purpose of showing the
required notice.
(u) It is unlawful for any person to discharge any firearm
for the purpose of taking any of the species protected by this
Act, or hunt with gun or dog, or intentionally or wantonly
allow a dog to hunt, within 300 yards of an inhabited dwelling
without first obtaining permission from the owner or tenant,
except that while trapping, hunting with bow and arrow, hunting
with dog and shotgun using shot shells only, or hunting with
shotgun using shot shells only, or providing outfitting
services under a waterfowl outfitter permit, or on licensed
game breeding and hunting preserve areas, as defined in Section
3.27, on federally owned and managed lands and on Department
owned, managed, leased, or controlled lands, a 100 yard
restriction shall apply.
(v) It is unlawful for any person to remove fur-bearing
mammals from, or to move or disturb in any manner, the traps
owned by another person without written authorization of the
owner to do so.
(w) It is unlawful for any owner of a dog to knowingly or
wantonly allow his or her dog to pursue, harass or kill deer,
except that nothing in this Section shall prohibit the tracking
of wounded deer with a dog in accordance with the provisions of
Section 2.26 of this Code.
(x) It is unlawful for any person to wantonly or carelessly

injure or destroy, in any manner whatsoever, any real or
personal property on the land of another while engaged in
hunting or trapping thereon.
(y) It is unlawful to hunt wild game protected by this Act
between one half hour after sunset and one half hour before
sunrise, except that hunting hours between one half hour after
sunset and one half hour before sunrise may be established by
administrative rule for fur-bearing mammals.
(z) It is unlawful to take any game bird (excluding wild
turkeys and crippled pheasants not capable of normal flight and
otherwise irretrievable) protected by this Act when not flying.
Nothing in this Section shall prohibit a person from carrying
an uncased, unloaded shotgun in a boat, while in pursuit of a
crippled migratory waterfowl that is incapable of normal
flight, for the purpose of attempting to reduce the migratory
waterfowl to possession, provided that the attempt is made
immediately upon downing the migratory waterfowl and is done
within 400 yards of the blind from which the migratory
waterfowl was downed. This exception shall apply only to
migratory game birds that are not capable of normal flight.
Migratory waterfowl that are crippled may be taken only with a
shotgun as regulated by subsection (j) of this Section using
shotgun shells as regulated in subsection (k) of this Section.
(aa) It is unlawful to use or possess any device that may
be used for tree climbing or cutting, while hunting fur-bearing
mammals, excluding coyotes.

(bb) It is unlawful for any person, except licensed game
breeders, pursuant to Section 2.29 to import, carry into, or
possess alive in this State any species of wildlife taken
outside of this State, without obtaining permission to do so
from the Director.
(cc) It is unlawful for any person to have in his or her
possession any freshly killed species protected by this Act
during the season closed for taking.
(dd) It is unlawful to take any species protected by this
Act and retain it alive except as provided by administrative
rule.
(ee) It is unlawful to possess any rifle while in the field
during gun deer season except as provided in Section 2.26 and
administrative rules.
(ff) It is unlawful for any person to take any species
protected by this Act, except migratory waterfowl, during the
gun deer hunting season in those counties open to gun deer
hunting, unless he or she wears, when in the field, a cap and
upper outer garment of a solid blaze orange color, with such
articles of clothing displaying a minimum of 400 square inches
of blaze orange material.
(gg) It is unlawful during the upland game season for any
person to take upland game with a firearm unless he or she
wears, while in the field, a cap of solid blaze orange color.
For purposes of this Act, upland game is defined as Bobwhite
Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern

Cottontail and Swamp Rabbit.
(hh) It shall be unlawful to kill or cripple any species
protected by this Act for which there is a bag limit without
making a reasonable effort to retrieve such species and include
such in the bag limit. It shall be unlawful for any person
having control over harvested game mammals, game birds, or
migratory game birds for which there is a bag limit to wantonly
waste or destroy the usable meat of the game, except this shall
not apply to wildlife taken under Sections 2.37 or 3.22 of this
Code. For purposes of this subsection, "usable meat" means the
breast meat of a game bird or migratory game bird and the hind
ham and front shoulders of a game mammal. It shall be unlawful
for any person to place, leave, dump, or abandon a wildlife
carcass or parts of it along or upon a public right-of-way or
highway or on public or private property, including a waterway
or stream, without the permission of the owner or tenant. It
shall not be unlawful to discard game meat that is determined
to be unfit for human consumption.
(ii) This Section shall apply only to those species
protected by this Act taken within the State. Any species or
any parts thereof, legally taken in and transported from other
states or countries, may be possessed within the State, except
as provided in this Section and Sections 2.35, 2.36 and 3.21.
(jj) (Blank).
(kk) Nothing contained in this Section shall prohibit the
Director from issuing permits to paraplegics or to other

persons with disabilities who meet the requirements set forth
in administrative rule to shoot or hunt from a vehicle as
provided by that rule, provided that such is otherwise in
accord with this Act.
(ll) Nothing contained in this Act shall prohibit the
taking of aquatic life protected by the Fish and Aquatic Life
Code or birds and mammals protected by this Act, except deer
and fur-bearing mammals, from a boat not camouflaged or
disguised to alter its identity or to further provide a place
of concealment and not propelled by sail or mechanical power.
However, only shotguns not larger than 10 gauge nor smaller
than .410 bore loaded with not more than 3 shells of a shot
size no larger than lead BB or steel T (.20 diameter) may be
used to take species protected by this Act.
(mm) Nothing contained in this Act shall prohibit the use
of a shotgun, not larger than 10 gauge nor smaller than a 20
gauge, with a rifled barrel.
(nn) It shall be unlawful to possess any species of
wildlife or wildlife parts taken unlawfully in Illinois, any
other state, or any other country, whether or not the wildlife
or wildlife parts is indigenous to Illinois. For the purposes
of this subsection, the statute of limitations for unlawful
possession of wildlife or wildlife parts shall not cease until
2 years after the possession has permanently ended.
(Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183,
eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914,

eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; revised
10-20-15.)
(520 ILCS 5/3.31) (from Ch. 61, par. 3.31)
Sec. 3.31. The Department may designate any operator of a
licensed license game breeding and hunting preserve area or any
of his or its agents or employees as a special representative
of the Department with power to enforce the game laws and to
prevent trespassing upon such property; provided that not more
than two special representatives may be appointed for each such
preserve. Such special representative shall be subject to rules
and regulations to be prescribed by the Department and shall
serve without compensation from the Department.
(Source: P.A. 84-150; revised 10-20-15.)
Section 525. The Illinois Vehicle Code is amended by
changing Sections 3-415, 3-616, 3-626, 3-801, 3-806.3, 3-818,
6-106.1, 6-115, 6-118, 6-205, 6-206, 6-208, 6-302, 11-501.01,
11-605.1, 12-215, and 15-316 as follows:
(625 ILCS 5/3-415) (from Ch. 95 1/2, par. 3-415)
Sec. 3-415. Application for and renewal of registration.
(a) Calendar year. Application for renewal of a vehicle
registration shall be made by the owner, as to those vehicles
required to be registered on a calendar registration year, not
later than December 1 of each year, upon proper application and

by payment of the registration fee and tax for such vehicle, as
provided by law except that application for renewal of a
vehicle registration, as to those vehicles required to be
registered on a staggered calendar year basis, shall be made by
the owner in the form and manner prescribed by the Secretary of
State.
(b) Fiscal year. Application for renewal of a vehicle
registration shall be made by the owner, as to those vehicles
required to be registered on a fiscal registration year, not
later than June 1 of each year, upon proper application and by
payment of the registration fee and tax for such vehicle as
provided by law, except that application for renewal of a
vehicle registration, as to those vehicles required to be
registered on a staggered fiscal year basis, shall be made by
the owner in the form and manner prescribed by the Secretary of
State.
(c) Two calendar years. Application for renewal of a
vehicle registration shall be made by the owner, as to those
vehicles required to be registered for 2 calendar years, not
later than December 1 of the year preceding commencement of the
2-year registration period, except that application for
renewal of a vehicle registration, as to those vehicles
required to be registered for 2 years on a staggered
registration basis, shall be made by the owner in the form and
manner prescribed by the Secretary of State.
(d) Two fiscal years. Application for renewal of a vehicle

registration shall be made by the owner, as to those vehicles
required to be registered for 2 fiscal years, not later than
June 1 immediately preceding commencement of the 2-year
registration period, except that application for renewal of a
vehicle registration, as to those vehicles required to be
registered for 2 fiscal years on a staggered registration
basis, shall be made by the owner in the form and manner
prescribed by the Secretary of State.
(d-5) Three calendar years. Application for renewal of a
vehicle registration shall be made by the owner, as to those
vehicles required to be registered for 3 calendar years, not
later than December 1 of the year preceding commencement of the
3-year registration period.
(d-10) Five calendar years. Application for renewal of a
vehicle registration shall be made by the owner, as to those
vehicles required to be registered for 5 calendar years, not
later than December 1 of the year preceding commencement of the
5-year registration period.
(e) Time of application. The Secretary of State may receive
applications for renewal of registration and grant the same and
issue new registration cards and plates or registration
stickers at any time prior to expiration of registration. No
person shall display upon a vehicle, the new registration
plates or registration stickers prior to the dates the
Secretary of State in his discretion may select.
(f) Verification. The Secretary of State may further

require, as to vehicles for-hire, that applications be
accompanied by verification that fees due under the Illinois
Motor Carrier of Property Law, as amended, have been paid.
(g) (Blank).
(h) Returning combat mission veterans. Beginning in
registration year 2017, the application for renewal, and
subsequent fees, of a vehicle registration for a member of the
active-duty or reserve component of the United States Armed
Forces returning from a combat mission shall not be required
for that service member's next scheduled renewal. Proof of
combat mission service shall come from the service member's
hostile fire pay or imminent danger pay documentation received
any time in the 12 months preceding the registration renewal.
Nothing in this subsection is applicable to the additional fees
incurred by specialty, personalized, or vanity license plates.
(Source: P.A. 98-539, eff. 1-1-14; 98-787, eff. 7-25-14; 99-32,
eff. 7-10-15; 99-80, eff. 1-1-16; revised 10-19-15.)
(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
Sec. 3-616. Disability license plates.
(a) Upon receiving an application for a certificate of
registration for a motor vehicle of the first division or for a
motor vehicle of the second division weighing no more than
8,000 pounds, accompanied with payment of the registration fees
required under this Code from a person with disabilities or a
person who is deaf or hard of hearing, the Secretary of State,

if so requested, shall issue to such person registration plates
as provided for in Section 3-611, provided that the person with
disabilities or person who is deaf or hard of hearing must not
be disqualified from obtaining a driver's license under
subsection 8 of Section 6-103 of this Code, and further
provided that any person making such a request must submit a
statement, certified by a licensed physician, by a licensed
physician assistant, or by a licensed advanced practice nurse,
to the effect that such person is a person with disabilities as
defined by Section 1-159.1 of this Code, or alternatively
provide adequate documentation that such person has a Class 1A,
Class 2A or Type Four disability under the provisions of
Section 4A of the Illinois Identification Card Act. For
purposes of this Section, an Illinois Person with a Disability
Identification Card issued pursuant to the Illinois
Identification Card Act indicating that the person thereon
named has a disability shall be adequate documentation of such
a disability.
(b) The Secretary shall issue plates under this Section to
a parent or legal guardian of a person with disabilities if the
person with disabilities has a Class 1A or Class 2A disability
as defined in Section 4A of the Illinois Identification Card
Act or is a person with disabilities as defined by Section
1-159.1 of this Code, and does not possess a vehicle registered
in his or her name, provided that the person with disabilities
relies frequently on the parent or legal guardian for

transportation. Only one vehicle per family may be registered
under this subsection, unless the applicant can justify in
writing the need for one additional set of plates. Any person
requesting special plates under this subsection shall submit
such documentation or such physician's, physician assistant's,
or advanced practice nurse's statement as is required in
subsection (a) and a statement describing the circumstances
qualifying for issuance of special plates under this
subsection. An optometrist may certify a Class 2A Visual
Disability, as defined in Section 4A of the Illinois
Identification Card Act, for the purpose of qualifying a person
with disabilities for special plates under this subsection.
(c) The Secretary may issue a parking decal or device to a
person with disabilities as defined by Section 1-159.1 without
regard to qualification of such person with disabilities for a
driver's license or registration of a vehicle by such person
with disabilities or such person's immediate family, provided
such person with disabilities making such a request has been
issued an Illinois Person with a Disability Identification Card
indicating that the person named thereon has a Class 1A or
Class 2A disability, or alternatively, submits a statement
certified by a licensed physician, or by a licensed physician
assistant or a licensed advanced practice nurse as provided in
subsection (a), to the effect that such person is a person with
disabilities as defined by Section 1-159.1. An optometrist may
certify a Class 2A Visual Disability as defined in Section 4A

of the Illinois Identification Card Act for the purpose of
qualifying a person with disabilities for a parking decal or
device under this subsection.
(d) The Secretary shall prescribe by rules and regulations
procedures to certify or re-certify as necessary the
eligibility of persons whose disabilities are other than
permanent for special plates or parking decals or devices
issued under subsections (a), (b) and (c). Except as provided
under subsection (f) of this Section, no such special plates,
decals or devices shall be issued by the Secretary of State to
or on behalf of any person with disabilities unless such person
is certified as meeting the definition of a person with
disabilities pursuant to Section 1-159.1 or meeting the
requirement of a Type Four disability as provided under Section
4A of the Illinois Identification Card Act for the period of
time that the physician, or the physician assistant or advanced
practice nurse as provided in subsection (a), determines the
applicant will have the disability, but not to exceed 6 months
from the date of certification or recertification.
(e) Any person requesting special plates under this Section
may also apply to have the special plates personalized, as
provided under Section 3-405.1.
(f) The Secretary of State, upon application, shall issue
disability registration plates or a parking decal to
corporations, school districts, State or municipal agencies,
limited liability companies, nursing homes, convalescent

homes, or special education cooperatives which will transport
persons with disabilities. The Secretary shall prescribe by
rule a means to certify or re-certify the eligibility of
organizations to receive disability plates or decals and to
designate which of the 2 person with disabilities emblems shall
be placed on qualifying vehicles.
(g) The Secretary of State, or his designee, may enter into
agreements with other jurisdictions, including foreign
jurisdictions, on behalf of this State relating to the
extension of parking privileges by such jurisdictions to
residents of this State with disabilities who display a special
license plate or parking device that contains the International
symbol of access on his or her motor vehicle, and to recognize
such plates or devices issued by such other jurisdictions. This
State shall grant the same parking privileges which are granted
to residents of this State with disabilities to any
non-resident whose motor vehicle is licensed in another state,
district, territory or foreign country if such vehicle displays
the international symbol of access or a distinguishing insignia
on license plates or parking device issued in accordance with
the laws of the non-resident's state, district, territory or
foreign country.
(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
revised 10-19-15.)
(625 ILCS 5/3-626)

Sec. 3-626. Korean War Veteran license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary of State, may
issue special registration plates designated as Korean War
Veteran license plates to residents of Illinois who
participated in the United States Armed Forces during the
Korean War. The special plate issued under this Section shall
be affixed only to passenger vehicles of the first division,
motorcycles, motor vehicles of the second division weighing not
more than 8,000 pounds, and recreational vehicles as defined by
Section 1-169 of this Code. Plates issued under this Section
shall expire according to the staggered multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code. The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection (b) of
Section 3-412 of this Code. The Secretary shall prescribe the
eligibility requirements and, in his or her discretion, shall
approve and prescribe stickers or decals as provided under
Section 3-412.
(c) (Blank).
(d) The Korean War Memorial Construction Fund is created as

a special fund in the State treasury. All moneys in the Korean
War Memorial Construction Fund shall, subject to
appropriation, be used by the Department of Veteran Affairs to
provide grants for construction of the Korean War Memorial to
be located at Oak Ridge Cemetery in Springfield, Illinois. Upon
the completion of the Memorial, the Department of Veteran
Affairs shall certify to the State Treasurer that the
construction of the Memorial has been completed. Upon the
certification by the Department of Veteran Affairs, the State
Treasurer shall transfer all moneys in the Fund and any future
deposits into the Fund into the Secretary of State Special
License Plate Fund.
(e) An individual who has been issued Korean War Veteran
license plates for a vehicle and who has been approved for
benefits under the Senior Citizens and Persons with
Disabilities Property Tax Relief Act shall pay the original
issuance and the regular annual fee for the registration of the
vehicle as provided in Section 3-806.3 of this Code.
(Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15;
revised 11-2-15.)
(625 ILCS 5/3-801) (from Ch. 95 1/2, par. 3-801)
Sec. 3-801. Registration.
(a) Except as provided herein for new residents, every
owner of any vehicle which shall be operated upon the public
highways of this State shall, within 24 hours after becoming

the owner or at such time as such vehicle becomes subject to
registration under the provisions of this Act, file in an
office of the Secretary of State, an application for
registration properly completed and executed. New residents
need not secure registration until 30 days after establishing
residency in this State, provided the vehicle is properly
registered in another jurisdiction. By the expiration of such
30-day 30 day statutory grace period, a new resident shall
comply with the provisions of this Act and apply for Illinois
vehicle registration. All applications for registration shall
be accompanied by all documentation required under the
provisions of this Act. The appropriate registration fees and
taxes provided for in this Article of this Chapter shall be
paid to the Secretary of State with the application for
registration of vehicles subject to registration under this
Act.
(b) Any resident of this State, who has been serving as a
member or as a civilian employee of the United States Armed
Services, or as a civilian employee of the United States
Department of Defense, outside of the State of Illinois, need
not secure registration until 45 days after returning to this
State, provided the vehicle displays temporary military
registration.
(c) When an application is submitted by mail, the applicant
may not submit cash or postage stamps for payment of fees or
taxes due. The Secretary in his discretion, may decline to

accept a personal or company check or electronic payment in
payment of fees or taxes. An application submitted to a dealer,
or a remittance made to the Secretary of State shall be deemed
in compliance with this Section.
(Source: P.A. 99-118, eff. 1-1-16; 99-324, eff. 1-1-16; revised
11-2-15.)
(625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
Sec. 3-806.3. Senior Citizens. Commencing with the 2009
registration year, the registration fee paid by any vehicle
owner who has been approved for benefits under the Senior
Citizens and Persons with Disabilities Property Tax Relief Act
or who is the spouse of such a person shall be $24 instead of
the fee otherwise provided in this Code for passenger cars
displaying standard multi-year registration plates issued
under Section 3-414.1, motor vehicles displaying special
registration plates issued under Section 3-609, 3-616, 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, or 3-663, motor vehicles registered at
8,000 pounds or less under Section 3-815(a), and recreational
vehicles registered at 8,000 pounds or less under Section
3-815(b). Widows and widowers of claimants shall also be
entitled to this reduced registration fee for the registration
year in which the claimant was eligible.
Commencing with the 2009 registration year, the
registration fee paid by any vehicle owner who has claimed and

received a grant under the Senior Citizens and Persons with
Disabilities Property Tax Relief Act or who is the spouse of
such a person shall be $24 instead of the fee otherwise
provided in this Code for passenger cars displaying standard
multi-year registration plates issued under Section 3-414.1,
motor vehicles displaying special registration plates issued
under Section 3-607, 3-609, 3-616, 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,
3-663, or 3-664, motor vehicles registered at 8,000 pounds or
less under Section 3-815(a), and recreational vehicles
registered at 8,000 pounds or less under Section 3-815(b).
Widows and widowers of claimants shall also be entitled to this
reduced registration fee for the registration year in which the
claimant was eligible.
Commencing with the 2017 registration year, the reduced fee
under this Section shall apply to any special registration
plate authorized in Article VI of Chapter 3 of this Code, for
which the applicant would otherwise be eligible.
No more than one reduced registration fee under this
Section shall be allowed during any 12-month 12 month period
based on the primary eligibility of any individual, whether
such reduced registration fee is allowed to the individual or
to the spouse, widow or widower of such individual. This
Section does not apply to the fee paid in addition to the
registration fee for motor vehicles displaying vanity,
personalized, or special license plates.

(Source: P.A. 99-71, eff. 1-1-16; 99-143, eff. 7-27-15; revised
10-19-15.)
(625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
Sec. 3-818. (a) Mileage weight tax option.
(a) Any owner of a vehicle of the second division may elect
to pay a mileage weight tax for such vehicle in lieu of the
flat weight tax set out in Section 3-815. Such election shall
be binding to the end of the registration year. Renewal of this
election must be filed with the Secretary of State on or before
July 1 of each registration period. In such event the owner
shall, at the time of making such election, pay the $10
registration fee and the minimum guaranteed mileage weight tax,
as hereinafter provided, which payment shall permit the owner
to operate that vehicle the maximum mileage in this State
hereinafter set forth. Any vehicle being operated on mileage
plates cannot be operated outside of this State. In addition
thereto, the owner of that vehicle shall pay a mileage weight
tax at the following rates for each mile traveled in this State
in excess of the maximum mileage provided under the minimum
guaranteed basis:
BUS, TRUCK OR TRUCK TRACTOR
Maximum Mileage
Minimum Mileage Weight Tax
Guaranteed Permitted for Mileage
Gross Weight Mileage Under in excess of

Vehicle and Weight Guaranteed Guaranteed
Load Class Tax Tax Mileage
12,000 lbs. or less MD $73 5,000 26 Mills
12,001 to 16,000 lbs. MF 120 6,000 34 Mills
16,001 to 20,000 lbs. MG 180 6,000 46 Mills
20,001 to 24,000 lbs. MH 235 6,000 63 Mills
24,001 to 28,000 lbs. MJ 315 7,000 63 Mills
28,001 to 32,000 lbs. MK 385 7,000 83 Mills
32,001 to 36,000 lbs. ML 485 7,000 99 Mills
36,001 to 40,000 lbs. MN 615 7,000 128 Mills
40,001 to 45,000 lbs. MP 695 7,000 139 Mills
45,001 to 54,999 lbs. MR 853 7,000 156 Mills
55,000 to 59,500 lbs. MS 920 7,000 178 Mills
59,501 to 64,000 lbs. MT 985 7,000 195 Mills
64,001 to 73,280 lbs. MV 1,173 7,000 225 Mills
73,281 to 77,000 lbs. MX 1,328 7,000 258 Mills
77,001 to 80,000 lbs. MZ 1,415 7,000 275 Mills
TRAILER
Maximum Mileage
Minimum Mileage Weight Tax
Guaranteed Permitted for Mileage
Gross Weight Mileage Under in excess of
Vehicle and Weight Guaranteed Guaranteed
Load Class Tax Tax Mileage
14,000 lbs. or less ME $75 5,000 31 Mills
14,001 to 20,000 lbs. MF 135 6,000 36 Mills

20,001 to 36,000 lbs. ML 540 7,000 103 Mills
36,001 to 40,000 lbs. MM 750 7,000 150 Mills
(a-1) A Special Hauling Vehicle is a vehicle or combination
of vehicles of the second division registered under Section
3-813 transporting asphalt or concrete in the plastic state or
a vehicle or combination of vehicles that are subject to the
gross weight limitations in subsection (a) of Section 15-111
for which the owner of the vehicle or combination of vehicles
has elected to pay, in addition to the registration fee in
subsection (a), $125 to the Secretary of State for each
registration year. The Secretary shall designate this class of
vehicle as a Special Hauling Vehicle.
In preparing rate schedules on registration applications,
the Secretary of State shall add to the above rates, the $10
registration fee. The Secretary may decline to accept any
renewal filed after July 1st.
The number of axles necessary to carry the maximum load
provided shall be determined from Chapter 15 of this Code.
Every owner of a second division motor vehicle for which he
has elected to pay a mileage weight tax shall keep a daily
record upon forms prescribed by the Secretary of State, showing
the mileage covered by that vehicle in this State. Such record
shall contain the license number of the vehicle and the miles
traveled by the vehicle in this State for each day of the
calendar month. Such owner shall also maintain records of fuel
consumed by each such motor vehicle and fuel purchases

therefor. On or before the 10th day of July the owner shall
certify to the Secretary of State upon forms prescribed
therefor, summaries of his daily records which shall show the
miles traveled by the vehicle in this State during the
preceding 12 months and such other information as the Secretary
of State may require. The daily record and fuel records shall
be filed, preserved and available for audit for a period of 3
years. Any owner filing a return hereunder shall certify that
such return is a true, correct and complete return. Any person
who willfully makes a false return hereunder is guilty of
perjury and shall be punished in the same manner and to the
same extent as is provided therefor.
At the time of filing his return, each owner shall pay to
the Secretary of State the proper amount of tax at the rate
herein imposed.
Every owner of a vehicle of the second division who elects
to pay on a mileage weight tax basis and who operates the
vehicle within this State, shall file with the Secretary of
State a bond in the amount of $500. The bond shall be in a form
approved by the Secretary of State and with a surety company
approved by the Illinois Department of Insurance to transact
business in this State as surety, and shall be conditioned upon
such applicant's paying to the State of Illinois all money
becoming due by reason of the operation of the second division
vehicle in this State, together with all penalties and interest
thereon.

Upon notice from the Secretary that the registrant has
failed to pay the excess mileage fees, the surety shall
immediately pay the fees together with any penalties and
interest thereon in an amount not to exceed the limits of the
bond.
(b) Beginning January 1, 2016, upon the request of the
vehicle owner, a $10 surcharge shall be collected in addition
to the above fees for vehicles in the 12,000 lbs. and less
mileage weight plate category as described in subsection (a) to
be deposited into the Secretary of State Special License Plate
Fund. The $10 surcharge is to identify vehicles in the 12,000
lbs. and less mileage weight plate category as a covered farm
vehicle. The $10 surcharge is an annual flat fee that shall be
based on an applicant's new or existing registration year for
each vehicle in the 12,000 lbs. and less mileage weight plate
category. A designation as a covered farm vehicle under this
subsection (b) shall not alter a vehicle's registration as a
registration in the 12,000 lbs. or less mileage weight
category. The Secretary shall adopt any rules necessary to
implement this subsection (b).
(Source: P.A. 99-57, eff. 7-16-15; revised 10-19-15.)
(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of

the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Department of State Police to conduct
fingerprint based criminal background checks on current and
future information available in the state system and current
information available through the Federal Bureau of
Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual
refresher course. Individuals who on July 1, 1995 (the
effective date of Public Act 88-612) this Act possess a valid
school bus driver permit that has been previously issued by the
appropriate Regional School Superintendent are not subject to
the fingerprinting provisions of this Section as long as the
permit remains valid and does not lapse. The applicant shall be
required to pay all related application and fingerprinting fees
as established by rule including, but not limited to, the
amounts established by the Department of State Police and the
Federal Bureau of Investigation to process fingerprint based
criminal background investigations. All fees paid for

fingerprint processing services under this Section shall be
deposited into the State Police Services Fund for the cost
incurred in processing the fingerprint based criminal
background investigations. All other fees paid under this
Section shall be deposited into the Road Fund for the purpose
of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
license issued by the Secretary of State;
3. possess a valid driver's license, which has not been
revoked, suspended, or canceled for 3 years immediately
prior to the date of application, or have not had his or
her commercial motor vehicle driving privileges
disqualified within the 3 years immediately prior to the
date of application;
4. successfully pass a written test, administered by
the Secretary of State, on school bus operation, school bus
safety, and special traffic laws relating to school buses
and submit to a review of the applicant's driving habits by
the Secretary of State at the time the written test is
given;
5. demonstrate ability to exercise reasonable care in
the operation of school buses in accordance with rules
promulgated by the Secretary of State;
6. demonstrate physical fitness to operate school

buses by submitting the results of a medical examination,
including tests for drug use for each applicant not subject
to such testing pursuant to federal law, conducted by a
licensed physician, a licensed advanced practice nurse, or
a licensed physician assistant within 90 days of the date
of application according to standards promulgated by the
Secretary of State;
7. affirm under penalties of perjury that he or she has
not made a false statement or knowingly concealed a
material fact in any application for permit;
8. have completed an initial classroom course,
including first aid procedures, in school bus driver safety
as promulgated by the Secretary of State; and after
satisfactory completion of said initial course an annual
refresher course; such courses and the agency or
organization conducting such courses shall be approved by
the Secretary of State; failure to complete the annual
refresher course, shall result in cancellation of the
permit until such course is completed;
9. not have been under an order of court supervision
for or convicted of 2 or more serious traffic offenses, as
defined by rule, within one year prior to the date of
application that may endanger the life or safety of any of
the driver's passengers within the duration of the permit
period;
10. not have been under an order of court supervision

for or convicted of reckless driving, aggravated reckless
driving, driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or
any combination thereof, or reckless homicide resulting
from the operation of a motor vehicle within 3 years of the
date of application;
11. not have been convicted of committing or attempting
to commit any one or more of the following offenses: (i)
those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,
31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),

(e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
in subsection (a) and subsection (b), clause (1), of
Section 12-4, and in subsection (A), clauses (a) and (b),
of Section 24-3, and those offenses contained in Article
29D of the Criminal Code of 1961 or the Criminal Code of
2012; (ii) those offenses defined in the Cannabis Control
Act except those offenses defined in subsections (a) and
(b) of Section 4, and subsection (a) of Section 5 of the
Cannabis Control Act; (iii) those offenses defined in the
Illinois Controlled Substances Act; (iv) those offenses
defined in the Methamphetamine Control and Community
Protection Act; (v) any offense committed or attempted in
any other state or against the laws of the United States,
which if committed or attempted in this State would be
punishable as one or more of the foregoing offenses; (vi)
the offenses defined in Section 4.1 and 5.1 of the Wrongs
to Children Act or Section 11-9.1A of the Criminal Code of
1961 or the Criminal Code of 2012; (vii) those offenses
defined in Section 6-16 of the Liquor Control Act of 1934;
and (viii) those offenses defined in the Methamphetamine
Precursor Control Act;
12. not have been repeatedly involved as a driver in
motor vehicle collisions or been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree which indicates lack of
ability to exercise ordinary and reasonable care in the

safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
13. not have, through the unlawful operation of a motor
vehicle, caused an accident resulting in the death of any
person;
14. not have, within the last 5 years, been adjudged to
be afflicted with or suffering from any mental disability
or disease; and
15. consent, in writing, to the release of results of
reasonable suspicion drug and alcohol testing under
Section 6-106.1c of this Code by the employer of the
applicant to the Secretary of State.
(b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, and date of birth, a brief description of the holder and
a space for signature. The Secretary of State may require a
suitable photograph of the holder.
(d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting

the applicant's fingerprint cards to the Department of State
Police that are required for the criminal background
investigations. The employer shall certify in writing to the
Secretary of State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Department of State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present the
certification to the Secretary of State at the time of
submitting the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal Bureau
of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau
of Investigation by the Department of State Police. The Federal
Bureau of Investigation shall report the findings directly to
the Secretary of State. The Secretary of State shall remove the
bus driver permit from provisional status upon the applicant's

successful completion of the Federal Bureau of Investigation's
criminal background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an
order of court supervision for or convicted in another state of
an offense that would make him or her ineligible for a permit
under subsection (a) of this Section. The written notification
shall be made within 5 days of the entry of the order of court
supervision or conviction. Failure of the permit holder to
provide the notification is punishable as a petty offense for a
first violation and a Class B misdemeanor for a second or
subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
driver permit of an applicant whose criminal background
investigation discloses that he or she is not in compliance
with the provisions of subsection (a) of this Section.
(2) The Secretary of State shall cancel a school bus
driver permit when he or she receives notice that the
permit holder fails to comply with any provision of this
Section or any rule promulgated for the administration of
this Section.
(3) The Secretary of State shall cancel a school bus
driver permit if the permit holder's restricted commercial
or commercial driving privileges are withdrawn or
otherwise invalidated.

(4) The Secretary of State may not issue a school bus
driver permit for a period of 3 years to an applicant who
fails to obtain a negative result on a drug test as
required in item 6 of subsection (a) of this Section or
under federal law.
(5) The Secretary of State shall forthwith suspend a
school bus driver permit for a period of 3 years upon
receiving notice that the holder has failed to obtain a
negative result on a drug test as required in item 6 of
subsection (a) of this Section or under federal law.
(6) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving notice
from the employer that the holder failed to perform the
inspection procedure set forth in subsection (a) or (b) of
Section 12-816 of this Code.
(7) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving notice
from the employer that the holder refused to submit to an
alcohol or drug test as required by Section 6-106.1c or has
submitted to a test required by that Section which
disclosed an alcohol concentration of more than 0.00 or
disclosed a positive result on a National Institute on Drug
Abuse five-drug panel, utilizing federal standards set
forth in 49 CFR 40.87.
The Secretary of State shall notify the State
Superintendent of Education and the permit holder's

prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in
Section 3-14.23 of the School Code. A school bus contractor who
violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of

notification from the permit holder, that the permit holder has
been called to active duty. Upon notification pursuant to this
subsection, (i) the Secretary of State shall characterize the
permit as inactive until a permit holder renews the permit as
provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
(i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew a
permit characterized as inactive pursuant to subsection (h) of
this Section by complying with the renewal requirements of
subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this
Section:
"Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
"Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(k) A private carrier employer of a school bus driver
permit holder, having satisfied the employer requirements of
this Section, shall be held to a standard of ordinary care for
intentional acts committed in the course of employment by the
bus driver permit holder. This subsection (k) shall in no way

limit the liability of the private carrier employer for
violation of any provision of this Section or for the negligent
hiring or retention of a school bus driver permit holder.
(Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15;
revised 11-2-15.)
(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) Beginning July 1, 2016, every driver's license issued
under this Code to an applicant who is not a United States

citizen 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.
(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; revised
11-3-15.)
(625 ILCS 5/6-118)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article is
as follows:
Original driver's license.............................$30
Original or renewal driver's license
issued to 18, 19 and 20 year olds.................. 5
All driver's licenses for persons
age 69 through age 80.............................. 5
All driver's licenses for persons
age 81 through age 86.............................. 2
All driver's licenses for persons
age 87 or older.....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older)..................................30
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or
driver's license.................................. 20
Instruction permit issued to any person
holding an Illinois driver's license

who wishes a change in classifications,
other than at the time of renewal.................. 5
Any instruction permit issued to a person
age 69 and older................................... 5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois....................................... 10
Restricted driving permit.............................. 8
Monitoring device driving permit...................... 8
Duplicate or corrected driver's license
or permit.......................................... 5
Duplicate or corrected restricted
driving permit..................................... 5
Duplicate or corrected monitoring
device driving permit.................................. 5
Duplicate driver's license or permit issued to
an active-duty member of the
United States Armed Forces,
the member's spouse, or
the dependent children living
with the member................................... 0
Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE

The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle
Title Information Service Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:............................. $60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:................................. $60
Commercial learner's permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification................... $50
Commercial learner's permit

issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................ $5
CDL duplicate or corrected license.................... $5
In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to pro-rate the $24 fee for the
commercial driver's license proportionate to the expiration
date of the applicant's Illinois driver's license.
The fee for any duplicate license or permit shall be waived
for any person who presents the Secretary of State's office
with a police report showing that his license or permit was
stolen.
The fee for any duplicate license or permit shall be waived
for any person age 60 or older whose driver's license or permit
has been lost or stolen.
No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.
(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other

fees required by this Code, pay a reinstatement fee as follows:
Suspension under Section 3-707..................... $100
Suspension under Section 11-1431....................$100
Summary suspension under Section 11-501.1...........$250
Suspension under Section 11-501.9...................$250
Summary revocation under Section 11-501.1............$500
Other suspension......................................$70
Revocation...........................................$500
However, any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
and each suspension or revocation was for a violation of
Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
provision of a local ordinance or a similar out-of-state
offense or Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall pay, in addition to any other fees
required by this Code, a reinstatement fee as follows:
Summary suspension under Section 11-501.1............$500
Suspension under Section 11-501.9...................$500
Summary revocation under Section 11-501.1............$500
Revocation...........................................$500
(c) All fees collected under the provisions of this Chapter
6 shall be disbursed under subsection (g) of Section 2-119 of

this Code, except as follows:
1. The following amounts shall be paid into the Driver
Education Fund:
(A) $16 of the $20 fee for an original driver's
instruction permit;
(B) $5 of the $30 fee for an original driver's
license;
(C) $5 of the $30 fee for a 4 year renewal driver's
license;
(D) $4 of the $8 fee for a restricted driving
permit; and
(E) $4 of the $8 fee for a monitoring device
driving permit.
2. $30 of the $250 fee for reinstatement of a license
summarily suspended under Section 11-501.1 or suspended
under Section 11-501.9 shall be deposited into the Drunk
and Drugged Driving Prevention Fund. However, for a person
whose license or privilege to operate a motor vehicle in
this State has been suspended or revoked for a second or
subsequent time for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012, $190 of
the $500 fee for reinstatement of a license summarily
suspended under Section 11-501.1 or suspended under
Section 11-501.9, and $190 of the $500 fee for
reinstatement of a revoked license shall be deposited into

the Drunk and Drugged Driving Prevention Fund. $190 of the
$500 fee for reinstatement of a license summarily revoked
pursuant to Section 11-501.1 shall be deposited into the
Drunk and Drugged Driving Prevention Fund.
3. $6 of the original or renewal fee for a commercial
driver's license and $6 of the commercial learner's permit
fee when the permit is issued to any person holding a valid
Illinois driver's license, shall be paid into the
CDLIS/AAMVAnet/NMVTIS Trust Fund.
4. $30 of the $70 fee for reinstatement of a license
suspended under the Family Financial Responsibility Law
shall be paid into the Family Responsibility Fund.
5. The $5 fee for each original or renewal M or L
endorsement shall be deposited into the Cycle Rider Safety
Training Fund.
6. $20 of any original or renewal fee for a commercial
driver's license or commercial learner's permit shall be
paid into the Motor Carrier Safety Inspection Fund.
7. The following amounts shall be paid into the General
Revenue Fund:
(A) $190 of the $250 reinstatement fee for a
summary suspension under Section 11-501.1 or a
suspension under Section 11-501.9;
(B) $40 of the $70 reinstatement fee for any other
suspension provided in subsection (b) of this Section;
and

(C) $440 of the $500 reinstatement fee for a first
offense revocation and $310 of the $500 reinstatement
fee for a second or subsequent revocation.
8. Fees collected under paragraph (4) of subsection (d)
and subsection (h) of Section 6-205 of this Code;
subparagraph (C) of paragraph 3 of subsection (c) of
Section 6-206 of this Code; and paragraph (4) of subsection
(a) of Section 6-206.1 of this Code, shall be paid into the
funds set forth in those Sections.
(d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
(f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section
10 of P.A. 99-414 for the effective date of changes made by
P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14;
98-1172, eff. 1-12-15; 99-127, eff. 1-1-16; 99-438, eff.

1-1-16; revised 10-19-15.)
(625 ILCS 5/6-205)
Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of a
motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code relating to
the offense of leaving the scene of a traffic accident
involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or

operation of motor vehicles;
6. Conviction upon 3 charges of violation of Section
11-503 of this Code relating to the offense of reckless
driving committed within a period of 12 months;
7. Conviction of any offense defined in Section 4-102
of this Code;
8. Violation of Section 11-504 of this Code relating to
the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of
1961 or the Criminal Code of 2012 arising from the use of a
motor vehicle;
11. Violation of Section 11-204.1 of this Code relating
to aggravated fleeing or attempting to elude a peace
officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation of
that Section or a similar provision of a local ordinance
and the driver was less than 21 years of age at the time of
the offense;
14. Violation of paragraph (a) of Section 11-506 of

this Code or a similar provision of a local ordinance
relating to the offense of street racing;
15. A second or subsequent conviction of driving while
the person's driver's license, permit or privileges was
revoked for reckless homicide or a similar out-of-state
offense;
16. Any offense against any provision in this Code, or
any local ordinance, regulating the movement of traffic
when that offense was the proximate cause of the death of
any person. Any person whose driving privileges have been
revoked pursuant to this paragraph may seek to have the
revocation terminated or to have the length of revocation
reduced by requesting an administrative hearing with the
Secretary of State prior to the projected driver's license
application eligibility date;
17. Violation of subsection (a-2) of Section 11-1301.3
of this Code or a similar provision of a local ordinance;
18. A second or subsequent conviction of illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act. A
defendant found guilty of this offense while operating a
motor vehicle shall have an entry made in the court record

by the presiding judge that this offense did occur while
the defendant was operating a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided for
in Section 5-901 of the Juvenile Court Act of 1987 that the
minor has been adjudicated under that Act as having
committed an offense relating to motor vehicles prescribed
in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit;
3. Of any person adjudicated under the Juvenile Court
Act of 1987 based on an offense determined to have been
committed in furtherance of the criminal activities of an
organized gang as provided in Section 5-710 of that Act,
and that involved the operation or use of a motor vehicle
or the use of a driver's license or permit. The revocation
shall remain in effect for the period determined by the
court.
(c)(1) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard to

whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment or
within the scope of the petitioner's employment related duties,
or to allow the petitioner to transport himself or herself or a
family member of the petitioner's household to a medical
facility for the receipt of necessary medical care or to allow
the petitioner to transport himself or herself to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member
of the petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the petitioner
to transport children, elderly persons, or persons with
disabilities who do not hold driving privileges and are living
in the petitioner's household to and from daycare; if the
petitioner is able to demonstrate that no alternative means of
transportation is reasonably available and that the petitioner
will not endanger the public safety or welfare; provided that
the Secretary's discretion shall be limited to cases where
undue hardship, as defined by the rules of the Secretary of
State, would result from a failure to issue the restricted
driving permit.
(1.5) A person subject to the provisions of paragraph 4
of subsection (b) of Section 6-208 of this Code may make

application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation, or after 5 years from the date of
release from a period of imprisonment resulting from a
conviction of the most recent offense, whichever is later,
provided the person, in addition to all other requirements
of the Secretary, shows by clear and convincing evidence:
(A) a minimum of 3 years of uninterrupted
abstinence from alcohol and the unlawful use or
consumption of cannabis under the Cannabis Control
Act, a controlled substance under the Illinois
Controlled Substances Act, an intoxicating compound
under the Use of Intoxicating Compounds Act, or
methamphetamine under the Methamphetamine Control and
Community Protection Act; and
(B) the successful completion of any
rehabilitative treatment and involvement in any
ongoing rehabilitative activity that may be
recommended by a properly licensed service provider
according to an assessment of the person's alcohol or
drug use under Section 11-501.01 of this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this paragraph (1.5), the
Secretary may consider any relevant evidence, including,
but not limited to, testimony, affidavits, records, and the

results of regular alcohol or drug tests. Persons subject
to the provisions of paragraph 4 of subsection (b) of
Section 6-208 of this Code and who have been convicted of
more than one violation of paragraph (3), paragraph (4), or
paragraph (5) of subsection (a) of Section 11-501 of this
Code shall not be eligible to apply for a restricted
driving permit.
A restricted driving permit issued under this
paragraph (1.5) shall provide that the holder may only
operate motor vehicles equipped with an ignition interlock
device as required under paragraph (2) of subsection (c) of
this Section and subparagraph (A) of paragraph 3 of
subsection (c) of Section 6-206 of this Code. The Secretary
may revoke a restricted driving permit or amend the
conditions of a restricted driving permit issued under this
paragraph (1.5) if the holder operates a vehicle that is
not equipped with an ignition interlock device, or for any
other reason authorized under this Code.
A restricted driving permit issued under this
paragraph (1.5) shall be revoked, and the holder barred
from applying for or being issued a restricted driving
permit in the future, if the holder is subsequently
convicted of a violation of Section 11-501 of this Code, a
similar provision of a local ordinance, or a similar
offense in another state.
(2) If a person's license or permit is revoked or

suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012,
where the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state offense,
or a combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense,
or Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, where the use of alcohol or
other drugs is recited as an element of the
offense, or a similar out-of-state offense; or
(ii) a statutory summary suspension or
revocation under Section 11-501.1; or
(iii) a suspension pursuant to Section
6-203.1;
arising out of separate occurrences; or

(B) a person has been convicted of one violation of
subparagraph (C) or (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code, Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide where the
use of alcohol or other drugs was recited as an element
of the offense, or a similar provision of a law of
another state;
that person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned on the use
of an ignition interlock device must pay to the Secretary
of State DUI Administration Fund an amount not to exceed
$30 per month. The Secretary shall establish by rule the
amount and the procedures, terms, and conditions relating
to these fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer when used solely for employment purposes. For any
person who, within a 5-year period, is convicted of a
second or subsequent offense under Section 11-501 of this
Code, or a similar provision of a local ordinance or

similar out-of-state offense, this employment exemption
does not apply until either a one-year one year period has
elapsed during which that person had his or her driving
privileges revoked or a one-year one year period has
elapsed during which that person had a restricted driving
permit which required the use of an ignition interlock
device on every motor vehicle owned or operated by that
person.
(6) In each case the Secretary of State may issue a
restricted driving permit for a period he deems
appropriate, except that the permit shall expire within one
year from the date of issuance. A restricted driving permit
issued under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license issued
under this Code may be cancelled, revoked, or suspended;
except that a conviction upon one or more offenses against
laws or ordinances regulating the movement of traffic shall
be deemed sufficient cause for the revocation, suspension,
or cancellation of a restricted driving permit. The
Secretary of State may, as a condition to the issuance of a
restricted driving permit, require the petitioner to
participate in a designated driver remedial or
rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.

However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a)
of this Section, no restricted driving permit shall be
issued until the individual has served 6 months of the
revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked, where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide or a similar out-of-state offense, the person's
driving privileges shall be revoked pursuant to subdivision
(a)(15) of this Section. The person may not make application
for a license or permit until the expiration of five years from
the effective date of the revocation or the expiration of five
years from the date of release from a term of imprisonment,
whichever is later.
(c-7) If a person is convicted of a third or subsequent
violation of operating a motor vehicle while the person's
driver's license, permit or privilege was revoked, where the
revocation was for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide or a similar out-of-state offense,
the person may never apply for a license or permit.
(d)(1) Whenever a person under the age of 21 is convicted

under Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or welfare,
issue a restricted driving permit granting the privilege of
driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of
one year. After this one-year one year period, and upon
reapplication for a license as provided in Section 6-106, upon
payment of the appropriate reinstatement fee provided under
paragraph (b) of Section 6-118, the Secretary of State, in his
discretion, may reinstate the petitioner's driver's license
and driving privileges, or extend the restricted driving permit
as many times as the Secretary of State deems appropriate, by
additional periods of not more than 12 months each.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012,
where the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state offense,
or a combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted driving

permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
(3) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(A) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, where the use of alcohol or
other drugs is recited as an element of the offense, or
a similar out-of-state offense; or
(B) a statutory summary suspension or revocation
under Section 11-501.1; or
(C) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences, that person, if issued
a restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1.
(3.5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an

ignition interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned upon the use
of an interlock device must pay to the Secretary of State
DUI Administration Fund an amount not to exceed $30 per
month. The Secretary shall establish by rule the amount and
the procedures, terms, and conditions relating to these
fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against driving
a vehicle that is not equipped with an ignition interlock
device does not apply to the operation of an occupational
vehicle owned or leased by that person's employer when used
solely for employment purposes. For any person who, within
a 5-year period, is convicted of a second or subsequent
offense under Section 11-501 of this Code, or a similar
provision of a local ordinance or similar out-of-state
offense, this employment exemption does not apply until
either a one-year one year period has elapsed during which
that person had his or her driving privileges revoked or a
one-year one year period has elapsed during which that
person had a restricted driving permit which required the
use of an ignition interlock device on every motor vehicle
owned or operated by that person.
(6) A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for

like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit.
(d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of reckless
homicide, or a similar provision of a law of another state, is
permanent. The Secretary may not, at any time, issue a license
or permit to that person.
(e) This Section is subject to the provisions of the Driver
License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(h) The Secretary of State shall require the use of

ignition interlock devices for a period not less than 5 years
on all vehicles owned by a person who has been convicted of a
second or subsequent offense under Section 11-501 of this Code
or a similar provision of a local ordinance. The person must
pay to the Secretary of State DUI Administration Fund an amount
not to exceed $30 for each month that he or she uses the
device. The Secretary shall establish by rule and regulation
the procedures for certification and use of the interlock
system, the amount of the fee, and the procedures, terms, and
conditions relating to these fees. During the time period in
which a person is required to install an ignition interlock
device under this subsection (h), that person shall only
operate vehicles in which ignition interlock devices have been
installed, except as allowed by subdivision (c)(5) or (d)(5) of
this Section.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
(k) The Secretary of State shall notify by mail any person
whose driving privileges have been revoked under paragraph 16
of subsection (a) of this Section that his or her driving
privileges and driver's license will be revoked 90 days from
the date of the mailing of the notice.

(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
99-467, eff. 1-1-16; 99-483, eff. 1-1-16; revised 11-2-15.)
(625 ILCS 5/6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required upon
conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the

highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;
8. Is ineligible for a driver's license or permit under
the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,

identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of this
State when the person's driving privilege or privilege to
obtain a driver's license or permit was revoked or
suspended unless the operation was authorized by a
monitoring device driving permit, judicial driving permit
issued prior to January 1, 2009, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of this
State when the person's driver's license or permit was
invalid under the provisions of Sections 6-107.1 and 6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Code Act, or Section 14, 14A,
or 14B of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 relating
to criminal trespass to vehicles in which case, the

suspension shall be for one year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the person
has not sought a hearing as provided for in Section
11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to unlawful use of weapons, in which case the
suspension shall be for one year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code

for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois or in
another state of or for a traffic related offense that is
the same as or similar to an offense specified under
Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be used
by another in the application process in order to obtain or
attempt to obtain a license, identification card, or
permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control Act
of 1934;
28. Has been convicted for a first time of the illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act, in
which case the person's driving privileges shall be
suspended for one year. Any defendant found guilty of this

offense while operating a motor vehicle, shall have an
entry made in the court record by the presiding judge that
this offense did occur while the defendant was operating a
motor vehicle and order the clerk of the court to report
the violation to the Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle: criminal
sexual assault, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
abuse, aggravated criminal sexual abuse, juvenile pimping,
soliciting for a juvenile prostitute, promoting juvenile
prostitution as described in subdivision (a)(1), (a)(2),
or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
or the Criminal Code of 2012, and the manufacture, sale or
delivery of controlled substances or instruments used for
illegal drug use or abuse in which case the driver's
driving privileges shall be suspended for one year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 of this Code or Section 5-16c of the Boat
Registration and Safety Act or has submitted to a test
resulting in an alcohol concentration of 0.08 or more or

any amount of a drug, substance, or compound resulting from
the unlawful use or consumption of cannabis as listed in
the Cannabis Control Act, a controlled substance as listed
in the Illinois Controlled Substances Act, an intoxicating
compound as listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, in which case the
penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 relating
to the aggravated discharge of a firearm if the offender
was located in a motor vehicle at the time the firearm was
discharged, in which case the suspension shall be for 3
years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this Code
or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code or a similar provision of a local ordinance;
35. Has committed a violation of Section 11-1301.6 of
this Code or a similar provision of a local ordinance;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24 month period. No revocation or

suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code or a similar provision of a
local ordinance;
43. Has received a disposition of court supervision for
a violation of subsection (a), (d), or (e) of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance, in which case the suspension shall be
for a period of 3 months;
44. Is under the age of 21 years at the time of arrest

and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section;
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person;
46. Has committed a violation of subsection (j) of
Section 3-413 of this Code; or
47. Has committed a violation of Section 11-502.1 of
this Code.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the

order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this
Section, a person's privilege to operate a vehicle as an
occupation shall not be suspended, provided an affidavit is
properly completed, the appropriate fee received, and a permit
issued prior to the effective date of the suspension, unless 5
offenses were committed, at least 2 of which occurred while
operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must submit
the affidavit on forms to be provided by the Secretary of State
setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed

while operating a vehicle in connection with the driver's
regular occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as set
forth in the notice that was mailed under this Section. If an
affidavit is received subsequent to the effective date of this
suspension, a permit may be issued for the remainder of the
suspension period.
The provisions of this subparagraph shall not apply to any
driver required to possess a CDL for the purpose of operating a
commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section 6-302
and upon conviction thereof shall have all driving privileges
revoked without further rights.
3. At the conclusion of a hearing under Section 2-118 of
this Code, the Secretary of State shall either rescind or
continue an order of revocation or shall substitute an order of
suspension; or, good cause appearing therefor, rescind,
continue, change, or extend the order of suspension. If the
Secretary of State does not rescind the order, the Secretary
may upon application, to relieve undue hardship (as defined by

the rules of the Secretary of State), issue a restricted
driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's
place of employment or within the scope of the petitioner's
employment related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to transport
himself or herself to and from alcohol or drug remedial or
rehabilitative activity recommended by a licensed service
provider, or to allow the petitioner to transport himself or
herself or a family member of the petitioner's household to
classes, as a student, at an accredited educational
institution, or to allow the petitioner to transport children,
elderly persons, or persons with disabilities who do not hold
driving privileges and are living in the petitioner's household
to and from daycare. The petitioner must demonstrate that no
alternative means of transportation is reasonably available
and that the petitioner will not endanger the public safety or
welfare.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012,
where the use of alcohol or other drugs is recited as an

element of the offense, or a similar out-of-state offense,
or a combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense; or
(ii) a statutory summary suspension or revocation
under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if issued
a restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1.
(B-5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a

local ordinance or similar out-of-state offense, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the use
of an ignition interlock device must pay to the Secretary
of State DUI Administration Fund an amount not to exceed
$30 per month. The Secretary shall establish by rule the
amount and the procedures, terms, and conditions relating
to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer when used solely for employment purposes. For any
person who, within a 5-year period, is convicted of a
second or subsequent offense under Section 11-501 of this
Code, or a similar provision of a local ordinance or
similar out-of-state offense, this employment exemption
does not apply until either a one-year one year period has
elapsed during which that person had his or her driving
privileges revoked or a one-year one year period has
elapsed during which that person had a restricted driving
permit which required the use of an ignition interlock
device on every motor vehicle owned or operated by that

person.
(E) In each case the Secretary may issue a restricted
driving permit for a period deemed appropriate, except that
all permits shall expire within one year from the date of
issuance. A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit. The Secretary
of State may, as a condition to the issuance of a
restricted driving permit, require the applicant to
participate in a designated driver remedial or
rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.
(F) A person subject to the provisions of paragraph 4
of subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation or after 5 years from the date of release
from a period of imprisonment resulting from a conviction

of the most recent offense, whichever is later, provided
the person, in addition to all other requirements of the
Secretary, shows by clear and convincing evidence:
(i) a minimum of 3 years of uninterrupted
abstinence from alcohol and the unlawful use or
consumption of cannabis under the Cannabis Control
Act, a controlled substance under the Illinois
Controlled Substances Act, an intoxicating compound
under the Use of Intoxicating Compounds Act, or
methamphetamine under the Methamphetamine Control and
Community Protection Act; and
(ii) the successful completion of any
rehabilitative treatment and involvement in any
ongoing rehabilitative activity that may be
recommended by a properly licensed service provider
according to an assessment of the person's alcohol or
drug use under Section 11-501.01 of this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this subparagraph (F), the
Secretary may consider any relevant evidence, including,
but not limited to, testimony, affidavits, records, and the
results of regular alcohol or drug tests. Persons subject
to the provisions of paragraph 4 of subsection (b) of
Section 6-208 of this Code and who have been convicted of
more than one violation of paragraph (3), paragraph (4), or
paragraph (5) of subsection (a) of Section 11-501 of this

Code shall not be eligible to apply for a restricted
driving permit under this subparagraph (F).
A restricted driving permit issued under this
subparagraph (F) shall provide that the holder may only
operate motor vehicles equipped with an ignition interlock
device as required under paragraph (2) of subsection (c) of
Section 6-205 of this Code and subparagraph (A) of
paragraph 3 of subsection (c) of this Section. The
Secretary may revoke a restricted driving permit or amend
the conditions of a restricted driving permit issued under
this subparagraph (F) if the holder operates a vehicle that
is not equipped with an ignition interlock device, or for
any other reason authorized under this Code.
A restricted driving permit issued under this
subparagraph (F) shall be revoked, and the holder barred
from applying for or being issued a restricted driving
permit in the future, if the holder is convicted of a
violation of Section 11-501 of this Code, a similar
provision of a local ordinance, or a similar offense in
another state.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the

Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of

State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726,
eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15;
99-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16;
revised 11-3-15.)
(625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
Sec. 6-208. Period of Suspension - Application After
Revocation.
(a) Except as otherwise provided by this Code or any other
law of this State, the Secretary of State shall not suspend a
driver's license, permit, or privilege to drive a motor vehicle
on the highways for a period of more than one year.
(b) Any person whose license, permit, or privilege to drive
a motor vehicle on the highways has been revoked shall not be
entitled to have such license, permit, or privilege renewed or
restored. However, such person may, except as provided under
subsections (d) and (d-5) of Section 6-205, make application
for a license pursuant to Section 6-106 (i) if the revocation
was for a cause that has been removed or (ii) as provided in
the following subparagraphs:
1. Except as provided in subparagraphs 1.3, 1.5, 2, 3,
4, and 5, the person may make application for a license (A)

after the expiration of one year from the effective date of
the revocation, (B) in the case of a violation of paragraph
(b) of Section 11-401 of this Code or a similar provision
of a local ordinance, after the expiration of 3 years from
the effective date of the revocation, or (C) in the case of
a violation of 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 the offense of reckless
homicide or a violation of 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, after the expiration of 2 years from the
effective date of the revocation or after the expiration of
24 months from the date of release from a period of
imprisonment as provided in Section 6-103 of this Code,
whichever is later.
1.3. If the person is convicted of a second or
subsequent violation of Section 11-501 of this Code or a
similar provision of a local ordinance or a similar
out-of-state offense, or Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012, in which the use of
alcohol or other drugs is recited as an element of the
offense, or a similar out-of-state offense, or a
combination of these offenses, arising out of separate

occurrences, that person may not make application for a
driver's license until:
(A) the person has first been issued a restricted
driving permit by the Secretary of State; and
(B) the expiration of a continuous period of not
less than 5 years following the issuance of the
restricted driving permit during which the person's
restricted driving permit is not suspended, cancelled,
or revoked for a violation of any provision of law, or
any rule or regulation of the Secretary of State
relating to the required use of an ignition interlock
device.
1.5. If the person is convicted of a violation of
Section 6-303 of this Code committed while his or her
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state, the person may not make application for a
license or permit until the expiration of 3 years from the
date of the conviction.
2. If such person is convicted of committing a second
violation within a 20-year period of:
(A) Section 11-501 of this Code or a similar
provision of a local ordinance;
(B) Paragraph (b) of Section 11-401 of this Code or

a similar provision of a local ordinance;
(C) Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, relating to the offense of
reckless homicide; or
(D) any combination of the above offenses
committed at different instances;
then such person may not make application for a license
until after the expiration of 5 years from the effective
date of the most recent revocation. The 20-year period
shall be computed by using the dates the offenses were
committed and shall also include similar out-of-state
offenses and similar offenses committed on a military
installation.
2.5. If a person is convicted of a second violation of
Section 6-303 of this Code committed while the person's
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state, the person may not make application for a
license or permit until the expiration of 5 years from the
date of release from a term of imprisonment.
3. However, except as provided in subparagraph 4, if
such person is convicted of committing a third violation or
any combination of the above offenses, including similar
out-of-state offenses and similar offenses committed on a

military installation, contained in subparagraph 2, then
such person may not make application for a license until
after the expiration of 10 years from the effective date of
the most recent revocation.
4. Except as provided in paragraph (1.5) of subsection
(c) of Section 6-205 and subparagraph (F) of paragraph 3 of
subsection (c) of Section 6-206 of this Code, the person
may not make application for a license if the person is
convicted of committing a fourth or subsequent violation of
Section 11-501 of this Code or a similar provision of a
local ordinance, Section 11-401 of this Code, Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012,
or a combination of these offenses, similar provisions of
local ordinances, similar out-of-state offenses, or
similar offenses committed on a military installation.
4.5. A bona fide resident of a foreign jurisdiction who
is subject to the provisions of subparagraph 4 of this
subsection (b) may make application for termination of the
revocation after a period of 10 years from the effective
date of the most recent revocation. However, if a person
who has been granted a termination of revocation under this
subparagraph 4.5 subsequently becomes a resident of this
State, the revocation shall be reinstated and the person
shall be subject to the provisions of subparagraph 4.
5. The person may not make application for a license or
permit if the person is convicted of a third or subsequent

violation of Section 6-303 of this Code committed while his
or her driver's license, permit, or privilege was revoked
because of a violation of Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide, or a similar provision of a
law of another state.
Notwithstanding any other provision of this Code, all
persons referred to in this paragraph (b) may not have their
privileges restored until the Secretary receives payment of the
required reinstatement fee pursuant to subsection (b) of
Section 6-118.
In no event shall the Secretary issue such license unless
and until such person has had a hearing pursuant to this Code
and the appropriate administrative rules and the Secretary is
satisfied, after a review or investigation of such person, that
to grant the privilege of driving a motor vehicle on the
highways will not endanger the public safety or welfare.
(c) (Blank).
(Source: P.A. 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; revised
11-3-15.)
(625 ILCS 5/6-302) (from Ch. 95 1/2, par. 6-302)
Sec. 6-302. Making false application or affidavit -
Perjury.
(a) It is a violation of this Section for any person:
1. To display or present any document for the purpose

of making application for a driver's license or permit
knowing that such document contains false information
concerning the identity identify of the applicant;
2. To accept or allow to be accepted any document
displayed or presented for the purpose of making
application for a driver's license or permit knowing that
such document contains false information concerning the
identity of the applicant;
3. To knowingly make any false affidavit or swear or
affirm falsely to any matter or thing required by the terms
of this Act to be sworn to or affirmed.
(b) Sentence.
1. Any person convicted of a violation of this Section
shall be guilty of a Class 4 felony.
2. Any person convicted of a second or subsequent
violation of this Section shall be guilty of a Class 3
felony.
(c) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity
of any agency of the United States, State of Illinois or any
other state or political subdivision thereof.
(Source: P.A. 86-503; revised 11-2-15.)
(625 ILCS 5/11-501.01)
Sec. 11-501.01. Additional administrative sanctions.
(a) After a finding of guilt and prior to any final

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

Section.
(d) The Secretary of State shall revoke the driving
privileges of any person convicted under Section 11-501 or a
similar provision of a local ordinance.
(e) The Secretary of State shall require the use of
ignition interlock devices for a period not less than 5 years
on all vehicles owned by a person who has been convicted of a
second or subsequent offense of Section 11-501 or a similar
provision of a local ordinance. The person must pay to the
Secretary of State DUI Administration Fund an amount not to
exceed $30 for each month that he or she uses the device. The
Secretary shall establish by rule and regulation the procedures
for certification and use of the interlock system, the amount
of the fee, and the procedures, terms, and conditions relating
to these fees. During the time period in which a person is
required to install an ignition interlock device under this
subsection (e), that person shall only operate vehicles in
which ignition interlock devices have been installed, except as
allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
this Code.
(f) In addition to any other penalties and liabilities, a
person who is found guilty of or pleads guilty to violating
Section 11-501, including any person placed on court
supervision for violating Section 11-501, shall be assessed
$750, payable to the circuit clerk, who shall distribute the
money as follows: $350 to the law enforcement agency that made

the arrest, and $400 shall be forwarded to the State Treasurer
for deposit into the General Revenue Fund. If the person has
been previously convicted of violating Section 11-501 or a
similar provision of a local ordinance, the fine shall be
$1,000, and the circuit clerk shall distribute $200 to the law
enforcement agency that made the arrest and $800 to the State
Treasurer for deposit into the General Revenue Fund. In the
event that more than one agency is responsible for the arrest,
the amount payable to law enforcement agencies shall be shared
equally. Any moneys received by a law enforcement agency under
this subsection (f) shall be used for enforcement and
prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof, as defined by Section 11-501 of this Code,
including but not limited to the purchase of law enforcement
equipment and commodities that will assist in the prevention of
alcohol related criminal violence throughout the State; police
officer training and education in areas related to alcohol
related crime, including but not limited to DUI training; and
police officer salaries, including but not limited to salaries
for hire back funding for safety checkpoints, saturation
patrols, and liquor store sting operations. Any moneys received
by the Department of State Police under this subsection (f)
shall be deposited into the State Police DUI Fund and shall be
used to purchase law enforcement equipment that will assist in
the prevention of alcohol related criminal violence throughout

the State.
(g) The Secretary of State Police DUI Fund is created as a
special fund in the State treasury. All moneys received by the
Secretary of State Police under subsection (f) of this Section
shall be deposited into the Secretary of State Police DUI Fund
and, subject to appropriation, shall be used for enforcement
and prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof, as defined by Section 11-501 of this Code,
including but not limited to the purchase of law enforcement
equipment and commodities to assist in the prevention of
alcohol related criminal violence throughout the State; police
officer training and education in areas related to alcohol
related crime, including but not limited to DUI training; and
police officer salaries, including but not limited to salaries
for hire back funding for safety checkpoints, saturation
patrols, and liquor store sting operations.
(h) Whenever an individual is sentenced for an offense
based upon an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance, and the professional
evaluation recommends remedial or rehabilitative treatment or
education, neither the treatment nor the education shall be the
sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment
recommendations contained in the professional evaluation.

Programs conducting alcohol or other drug evaluation or
remedial education must be licensed by the Department of Human
Services. If the individual is not a resident of Illinois,
however, the court may accept an alcohol or other drug
evaluation or remedial education program in the individual's
state of residence. Programs providing treatment must be
licensed under existing applicable alcoholism and drug
treatment licensure standards.
(i) In addition to any other fine or penalty required by
law, an individual convicted of a violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision, whose operation of a motor vehicle,
snowmobile, or watercraft while in violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision proximately caused an incident resulting in
an appropriate emergency response, shall be required to make
restitution to a public agency for the costs of that emergency
response. The restitution may not exceed $1,000 per public
agency for each emergency response. As used in this subsection
(i), "emergency response" means any incident requiring a
response by a police officer, a firefighter carried on the
rolls of a regularly constituted fire department, or an
ambulance. With respect to funds designated for the Department
of State Police, the moneys shall be remitted by the circuit

court clerk to the State Police within one month after receipt
for deposit into the State Police DUI Fund. With respect to
funds designated for the Department of Natural Resources, the
Department of Natural Resources shall deposit the moneys into
the Conservation Police Operations Assistance Fund.
(j) A person that is subject to a chemical test or tests of
blood under subsection (a) of Section 11-501.1 or subdivision
(c)(2) of Section 11-501.2 of this Code, whether or not that
person consents to testing, shall be liable for the expense up
to $500 for blood withdrawal by a physician authorized to
practice medicine, a licensed physician assistant, a licensed
advanced practice nurse, a registered nurse, a trained
phlebotomist, a licensed paramedic, or a qualified person other
than a police officer approved by the Department of State
Police to withdraw blood, who responds, whether at a law
enforcement facility or a health care facility, to a police
department request for the drawing of blood based upon refusal
of the person to submit to a lawfully requested breath test or
probable cause exists to believe the test would disclose the
ingestion, consumption, or use of drugs or intoxicating
compounds if:
(1) the person is found guilty of violating Section
11-501 of this Code or a similar provision of a local
ordinance; or
(2) the person pleads guilty to or stipulates to facts
supporting a violation of Section 11-503 of this Code or a

similar provision of a local ordinance when the plea or
stipulation was the result of a plea agreement in which the
person was originally charged with violating Section
11-501 of this Code or a similar local ordinance.
(Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13;
98-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16;
revised 11-3-15.)
(625 ILCS 5/11-605.1)
Sec. 11-605.1. Special limit while traveling through a
highway construction or maintenance speed zone.
(a) A person may not operate a motor vehicle in a
construction or maintenance speed zone at a speed in excess of
the posted speed limit when workers are present.
(a-5) A person may not operate a motor vehicle in a
construction or maintenance speed zone at a speed in excess of
the posted speed limit when workers are not present.
(b) Nothing in this Chapter prohibits the use of electronic
speed-detecting devices within 500 feet of signs within a
construction or maintenance speed zone indicating the zone, as
defined in this Section, nor shall evidence obtained by use of
those devices be inadmissible in any prosecution for speeding,
provided the use of the device shall apply only to the
enforcement of the speed limit in the construction or
maintenance speed zone.
(c) As used in this Section, a "construction or maintenance

speed zone" is an area in which the Department, Toll Highway
Authority, or local agency has posted signage advising drivers
that a construction or maintenance speed zone is being
approached, or in which the Department, Authority, or local
agency has posted a lower speed limit with a highway
construction or maintenance speed zone special speed limit sign
after determining that the preexisting established speed limit
through a highway construction or maintenance project is
greater than is reasonable or safe with respect to the
conditions expected to exist in the construction or maintenance
speed zone.
If it is determined that the preexisting established speed
limit is safe with respect to the conditions expected to exist
in the construction or maintenance speed zone, additional speed
limit signs which conform to the requirements of this
subsection (c) shall be posted.
Highway construction or maintenance speed zone special
speed limit signs shall be of a design approved by the
Department. The signs must give proper due warning that a
construction or maintenance speed zone is being approached and
must indicate the maximum speed limit in effect. The signs also
must state the amount of the minimum fine for a violation.
(d) Except as provided under subsection (d-5), a person who
violates this Section is guilty of a petty offense. Violations
of this Section are punishable with a minimum fine of $250 for
the first violation and a minimum fine of $750 for the second

or subsequent violation.
(d-5) A person committing a violation of this Section is
guilty of aggravated special speed limit while traveling
through a highway construction or maintenance speed zone when
he or she drives a motor vehicle at a speed that is:
(1) 26 miles per hour or more but less than 35 miles
per hour in excess of the applicable special speed limit
established under this Section or a similar provision of a
local ordinance and is guilty of a Class B misdemeanor; or
(2) 35 miles per hour or more in excess of the
applicable special speed limit established under this
Section or a similar provision of a local ordinance and is
guilty of a Class A misdemeanor.
(e) If a fine for a violation of this Section is $250 or
greater, the person who violated this Section shall be charged
an additional $125, which shall be deposited into the
Transportation Safety Highway Hire-back Fund in the State
treasury, unless (i) the violation occurred on a highway other
than an interstate highway and (ii) a county police officer
wrote the ticket for the violation, in which case the $125
shall be deposited into that county's Transportation Safety
Highway Hire-back Fund. In the case of a second or subsequent
violation of this Section, if the fine is $750 or greater, the
person who violated this Section shall be charged an additional
$250, which shall be deposited into the Transportation Safety
Highway Hire-back Fund in the State treasury, unless (i) the

violation occurred on a highway other than an interstate
highway and (ii) a county police officer wrote the ticket for
the violation, in which case the $250 shall be deposited into
that county's Transportation Safety Highway Hire-back Fund.
(e-5) The Department of State Police and the local county
police department have concurrent jurisdiction over any
violation of this Section that occurs on an interstate highway.
(f) The Transportation Safety Highway Hire-back Fund,
which was created by Public Act 92-619, shall continue to be a
special fund in the State treasury. Subject to appropriation by
the General Assembly and approval by the Secretary, the
Secretary of Transportation shall use all moneys in the
Transportation Safety Highway Hire-back Fund to hire off-duty
Department of State Police officers to monitor construction or
maintenance zones.
(f-5) Each county shall create a Transportation Safety
Highway Hire-back Fund. The county shall use the moneys in its
Transportation Safety Highway Hire-back Fund to hire off-duty
county police officers to monitor construction or maintenance
zones in that county on highways other than interstate
highways. The county, in its discretion, may also use a portion
of the moneys in its Transportation Safety Highway Hire-back
Fund to purchase equipment for county law enforcement and fund
the production of materials to educate drivers on construction
zone safe driving habits.
(g) For a second or subsequent violation of this Section

within 2 years of the date of the previous violation, the
Secretary of State shall suspend the driver's license of the
violator for a period of 90 days. This suspension shall only be
imposed if the current violation of this Section and at least
one prior violation of this Section occurred during a period
when workers were present in the construction or maintenance
zone.
(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280,
eff. 1-1-16; revised 10-15-15.)
(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
Sec. 12-215. Oscillating, rotating or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
(a) The use of red or white oscillating, rotating or
flashing lights, whether lighted or unlighted, is prohibited
except on:
1. Law enforcement vehicles of State, Federal or local
authorities;
2. A vehicle operated by a police officer or county
coroner and designated or authorized by local authorities,
in writing, as a law enforcement vehicle; however, such
designation or authorization must be carried in the
vehicle;
2.1. A vehicle operated by a fire chief who has
completed an emergency vehicle operation training course
approved by the Office of the State Fire Marshal and

designated or authorized by local authorities, in writing,
as a fire department, fire protection district, or township
fire department vehicle; however, the designation or
authorization must be carried in the vehicle, and the
lights may be visible or activated only when responding to
a bona fide emergency;
3. Vehicles of local fire departments and State or
federal firefighting vehicles;
4. Vehicles which are designed and used exclusively as
ambulances or rescue vehicles; furthermore, such lights
shall not be lighted except when responding to an emergency
call for and while actually conveying the sick or injured;
4.5. Vehicles which are occasionally used as rescue
vehicles that have been authorized for use as rescue
vehicles by a volunteer EMS provider, provided that the
operator of the vehicle has successfully completed an
emergency vehicle operation training course recognized by
the Department of Public Health; furthermore, the lights
shall not be lighted except when responding to an emergency
call for the sick or injured;
5. Tow trucks licensed in a state that requires such
lights; furthermore, such lights shall not be lighted on
any such tow truck while the tow truck is operating in the
State of Illinois;
6. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Office of the Illinois State Fire

Marshal, vehicles of the Illinois Department of Public
Health, vehicles of the Illinois Department of
Corrections, and vehicles of the Illinois Department of
Juvenile Justice;
7. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act;
8. School buses operating alternately flashing head
lamps as permitted under Section 12-805 of this Code;
9. Vehicles that are equipped and used exclusively as
organ transplant vehicles when used in combination with
blue oscillating, rotating, or flashing lights;
furthermore, these lights shall be lighted only when the
transportation is declared an emergency by a member of the
transplant team or a representative of the organ
procurement organization;
10. Vehicles of the Illinois Department of Natural
Resources that are used for mine rescue and explosives
emergency response;
11. Vehicles of the Illinois Department of
Transportation identified as Emergency Traffic Patrol; the
lights shall not be lighted except when responding to an
emergency call or when parked or stationary while engaged
in motor vehicle assistance or at the scene of the
emergency; and
12. Vehicles of the Illinois State Toll Highway

Authority identified as Highway Emergency Lane Patrol; the
lights shall not be lighted except when responding to an
emergency call or when parked or stationary while engaged
in motor vehicle assistance or at the scene of the
emergency.
(b) The use of amber oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except on:
1. Second division vehicles designed and used for
towing or hoisting vehicles; furthermore, such lights
shall not be lighted except as required in this paragraph
1; such lights shall be lighted when such vehicles are
actually being used at the scene of an accident or
disablement; if the towing vehicle is equipped with a flat
bed that supports all wheels of the vehicle being
transported, the lights shall not be lighted while the
vehicle is engaged in towing on a highway; if the towing
vehicle is not equipped with a flat bed that supports all
wheels of a vehicle being transported, the lights shall be
lighted while the towing vehicle is engaged in towing on a
highway during all times when the use of headlights is
required under Section 12-201 of this Code; in addition,
these vehicles may use white oscillating, rotating, or
flashing lights in combination with amber oscillating,
rotating, or flashing lights as provided in this paragraph;
2. Motor vehicles or equipment of the State of
Illinois, the Illinois State Toll Highway Authority, local

authorities and contractors; furthermore, such lights
shall not be lighted except while such vehicles are engaged
in maintenance or construction operations within the
limits of construction projects;
3. Vehicles or equipment used by engineering or survey
crews; furthermore, such lights shall not be lighted except
while such vehicles are actually engaged in work on a
highway;
4. Vehicles of public utilities, municipalities, or
other construction, maintenance or automotive service
vehicles except that such lights shall be lighted only as a
means for indicating the presence of a vehicular traffic
hazard requiring unusual care in approaching, overtaking
or passing while such vehicles are engaged in maintenance,
service or construction on a highway;
5. Oversized vehicle or load; however, such lights
shall only be lighted when moving under permit issued by
the Department under Section 15-301 of this Code;
6. The front and rear of motorized equipment owned and
operated by the State of Illinois or any political
subdivision thereof, which is designed and used for removal
of snow and ice from highways;
6.1. The front and rear of motorized equipment or
vehicles that (i) are not owned by the State of Illinois or
any political subdivision of the State, (ii) are designed
and used for removal of snow and ice from highways and

parking lots, and (iii) are equipped with a snow plow that
is 12 feet in width; these lights may not be lighted except
when the motorized equipment or vehicle is actually being
used for those purposes on behalf of a unit of government;
7. Fleet safety vehicles registered in another state,
furthermore, such lights shall not be lighted except as
provided for in Section 12-212 of this Code;
8. Such other vehicles as may be authorized by local
authorities;
9. Law enforcement vehicles of State or local
authorities when used in combination with red oscillating,
rotating or flashing lights;
9.5. Propane delivery trucks;
10. Vehicles used for collecting or delivering mail for
the United States Postal Service provided that such lights
shall not be lighted except when such vehicles are actually
being used for such purposes;
10.5. Vehicles of the Office of the Illinois State Fire
Marshal, provided that such lights shall not be lighted
except for when such vehicles are engaged in work for the
Office of the Illinois State Fire Marshal;
11. Any vehicle displaying a slow-moving vehicle
emblem as provided in Section 12-205.1;
12. All trucks equipped with self-compactors or
roll-off hoists and roll-on containers for garbage,
recycling, or refuse hauling. Such lights shall not be

lighted except when such vehicles are actually being used
for such purposes;
13. Vehicles used by a security company, alarm
responder, control agency, or the Illinois Department of
Corrections;
14. Security vehicles of the Department of Human
Services; however, the lights shall not be lighted except
when being used for security related purposes under the
direction of the superintendent of the facility where the
vehicle is located; and
15. Vehicles of union representatives, except that the
lights shall be lighted only while the vehicle is within
the limits of a construction project.
(c) The use of blue oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except on:
1. Rescue squad vehicles not owned by a fire department
and vehicles owned or operated by a:
voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire
protection district;
paid or unpaid member of a rescue squad;
paid or unpaid member of a voluntary ambulance
unit; or

paid or unpaid members of a local or county
emergency management services agency as defined in the
Illinois Emergency Management Agency Act, designated
or authorized by local authorities, in writing, and
carrying that designation or authorization in the
vehicle.
However, such lights are not to be lighted except when
responding to a bona fide emergency or when parked or
stationary at the scene of a fire, rescue call, ambulance
call, or motor vehicle accident.
Any person using these lights in accordance with this
subdivision (c)1 must carry on his or her person an
identification card or letter identifying the bona fide
member of a fire department, fire protection district,
rescue squad, ambulance unit, or emergency management
services agency that owns or operates that vehicle. The
card or letter must include:
(A) the name of the fire department, fire
protection district, rescue squad, ambulance unit, or
emergency management services agency;
(B) the member's position within the fire
department, fire protection district, rescue squad,
ambulance unit, or emergency management services
agency;
(C) the member's term of service; and
(D) the name of a person within the fire

department, fire protection district, rescue squad,
ambulance unit, or emergency management services
agency to contact to verify the information provided.
2. Police department vehicles in cities having a
population of 500,000 or more inhabitants.
3. Law enforcement vehicles of State or local
authorities when used in combination with red oscillating,
rotating or flashing lights.
4. Vehicles of local fire departments and State or
federal firefighting vehicles when used in combination
with red oscillating, rotating or flashing lights.
5. Vehicles which are designed and used exclusively as
ambulances or rescue vehicles when used in combination with
red oscillating, rotating or flashing lights; furthermore,
such lights shall not be lighted except when responding to
an emergency call.
6. Vehicles that are equipped and used exclusively as
organ transport vehicles when used in combination with red
oscillating, rotating, or flashing lights; furthermore,
these lights shall only be lighted when the transportation
is declared an emergency by a member of the transplant team
or a representative of the organ procurement organization.
7. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Office of the Illinois State Fire
Marshal, vehicles of the Illinois Department of Public
Health, vehicles of the Illinois Department of

Corrections, and vehicles of the Illinois Department of
Juvenile Justice, when used in combination with red
oscillating, rotating, or flashing lights.
8. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act, when used in combination
with red oscillating, rotating, or flashing lights.
9. Vehicles of the Illinois Department of Natural
Resources that are used for mine rescue and explosives
emergency response, when used in combination with red
oscillating, rotating, or flashing lights.
(c-1) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a
voluntary firefighter, a voluntary member of a rescue squad, or
a member of a voluntary ambulance unit may be equipped with
flashing white headlights and blue grill lights, which may be
used only in responding to an emergency call or when parked or
stationary at the scene of a fire, rescue call, ambulance call,
or motor vehicle accident.
(c-2) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a paid or
unpaid member of a local or county emergency management
services agency as defined in the Illinois Emergency Management
Agency Act, may be equipped with white oscillating, rotating,

or flashing lights to be used in combination with blue
oscillating, rotating, or flashing lights, if authorization by
local authorities is in writing and carried in the vehicle.
(d) The use of a combination of amber and white
oscillating, rotating or flashing lights, whether lighted or
unlighted, is prohibited except on second division vehicles
designed and used for towing or hoisting vehicles or motor
vehicles or equipment of the State of Illinois, local
authorities, contractors, and union representatives;
furthermore, such lights shall not be lighted on second
division vehicles designed and used for towing or hoisting
vehicles or vehicles of the State of Illinois, local
authorities, and contractors except while such vehicles are
engaged in a tow operation, highway maintenance, or
construction operations within the limits of highway
construction projects, and shall not be lighted on the vehicles
of union representatives except when those vehicles are within
the limits of a construction project.
(e) All oscillating, rotating or flashing lights referred
to in this Section shall be of sufficient intensity, when
illuminated, to be visible at 500 feet in normal sunlight.
(f) Nothing in this Section shall prohibit a manufacturer
of oscillating, rotating or flashing lights or his
representative or authorized vendor from temporarily mounting
such lights on a vehicle for demonstration purposes only. If
the lights are not covered while the vehicle is operated upon a

highway, the vehicle shall display signage indicating that the
vehicle is out of service or not an emergency vehicle. The
signage shall be displayed on all sides of the vehicle in
letters at least 2 inches tall and one-half inch wide. A
vehicle authorized to have oscillating, rotating, or flashing
lights mounted for demonstration purposes may not activate the
lights while the vehicle is operated upon a highway.
(g) Any person violating the provisions of subsections (a),
(b), (c) or (d) of this Section who without lawful authority
stops or detains or attempts to stop or detain another person
shall be guilty of a Class 2 felony.
(h) Except as provided in subsection (g) above, any person
violating the provisions of subsections (a) or (c) of this
Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 98-80, eff. 7-15-13; 98-123, eff. 1-1-14; 98-468,
eff. 8-16-13; 98-756, eff. 7-16-14; 98-873, eff. 1-1-15; 99-40,
eff. 1-1-16; 99-78, eff. 7-20-15; 99-125, eff. 1-1-16; revised
10-15-15.)
(625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
Sec. 15-316. When the Department or local authority may
restrict right to use highways.
(a) Except as provided in subsection (g), local authorities
with respect to highways under their jurisdiction may by
ordinance or resolution prohibit the operation of vehicles upon
any such highway or impose restrictions as to the weight of

vehicles to be operated upon any such highway, for a total
period of not to exceed 90 days, measured in either consecutive
or nonconsecutive days at the discretion of local authorities,
in any one calendar year, whenever any said highway by reason
of deterioration, rain, snow, or other climate conditions will
be seriously damaged or destroyed unless the use of vehicles
thereon is prohibited or the permissible weights thereof
reduced.
(b) The local authority enacting any such ordinance or
resolution shall erect or cause to be erected and maintained
signs designating the provision of the ordinance or resolution
at each end of that portion of any highway affected thereby,
and the ordinance or resolution shall not be effective unless
and until such signs are erected and maintained.
(c) Local authorities with respect to highways under their
jurisdiction may also, by ordinance or resolution, prohibit the
operation of trucks or other commercial vehicles, or may impose
limitations as the weight thereof, on designated highways,
which prohibitions and limitations shall be designated by
appropriate signs placed on such highways.
(c-1) (Blank).
(c-5) Highway commissioners, with respect to roads under
their authority, may not permanently post a road or portion
thereof at a reduced weight limit unless the decision to do so
is made in accordance with Section Sec. 6-201.22 of the
Illinois Highway Code.

(d) The Department shall likewise have authority as
hereinbefore granted to local authorities to determine by
resolution and to impose restrictions as to the weight of
vehicles operated upon any highway under the jurisdiction of
said department, and such restrictions shall be effective when
signs giving notice thereof are erected upon the highway or
portion of any highway affected by such resolution.
(d-1) (Blank).
(d-2) (Blank).
(e) When any vehicle is operated in violation of this
Section, the owner or driver of the vehicle shall be deemed
guilty of a violation and either the owner or the driver of the
vehicle may be prosecuted for the violation. Any person, firm,
or corporation convicted of violating this Section shall be
fined $50 for any weight exceeding the posted limit up to the
axle or gross weight limit allowed a vehicle as provided for in
subsections (a) or (b) of Section 15-111 and $75 per every 500
pounds or fraction thereof for any weight exceeding that which
is provided for in subsections (a) or (b) of Section 15-111.
(f) A municipality is authorized to enforce a county weight
limit ordinance applying to county highways within its
corporate limits and is entitled to the proceeds of any fines
collected from the enforcement.
(g) An ordinance or resolution enacted by a county or
township pursuant to subsection (a) of this Section shall not
apply to cargo tank vehicles with two or three permanent axles

when delivering propane for emergency heating purposes if the
cargo tank is loaded at no more than 50 percent capacity, the
gross vehicle weight of the vehicle does not exceed 32,000
pounds, and the driver of the cargo tank vehicle notifies the
appropriate agency or agencies with jurisdiction over the
highway before driving the vehicle on the highway pursuant to
this subsection. The cargo tank vehicle must have an operating
gauge on the cargo tank which indicates the amount of propane
as a percent of capacity of the cargo tank. The cargo tank must
have the capacity displayed on the cargo tank, or documentation
of the capacity of the cargo tank must be available in the
vehicle. For the purposes of this subsection, propane weighs
4.2 pounds per gallon. This subsection does not apply to
municipalities. Nothing in this subsection shall allow cargo
tank vehicles to cross bridges with posted weight restrictions
if the vehicle exceeds the posted weight limit.
(Source: P.A. 99-168, eff. 1-1-16; 99-237, eff. 1-1-16; revised
10-19-15.)
Section 530. The Juvenile Court Act of 1987 is amended by
changing Sections 2-10, 3-12, and 5-530 as follows:
(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 shall include any
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) 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 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.

(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 ex-parte. A shelter care
order from an ex parte 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. 97-1076, eff. 8-24-12; 97-1150, eff. 1-25-13;
98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 98-803, eff. 1-1-15;
revised 10-16-15.)
(705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
Sec. 3-12. Shelter care hearing. At the appearance of the
minor before the court at the shelter care 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 a person requiring authoritative
intervention, 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 a person requiring authoritative
intervention, the minor, his or her parent, guardian, custodian
and other persons able to give relevant testimony shall be
examined before the court. After such testimony, the court may
enter an order that the minor shall be released upon the
request of a parent, guardian or custodian if the parent,
guardian or custodian appears to take custody. Custodian shall
include any agency of the State which has been given custody or
wardship of the child. The Court shall require documentation by
representatives of the Department of Children and Family

Services or the probation department as to the reasonable
efforts that were made to prevent or eliminate the necessity of
removal of the minor from his or her home, and shall consider
the testimony of any person as to those reasonable efforts. If
the court finds that it is a matter of immediate and urgent
necessity for the 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 further finds that reasonable efforts have
been made or good cause has been shown why reasonable efforts
cannot prevent or eliminate the necessity of removal of the
minor from his or her home, the court may 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; otherwise it shall release the
minor from custody. If the court prescribes shelter care, then
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. 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 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. 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 reasonable efforts have been made or that
good cause has been shown why reasonable efforts cannot prevent
or eliminate the necessity of removal of the minor from his or
her home, the court shall state in writing its findings
concerning the nature of the services that were offered or the
efforts that were made to prevent removal of the child and the
apparent reasons that such services or efforts could not
prevent the need for removal. 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 and
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.
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3, and 4-3 the petitioner is
unable to serve notice on the party respondent, the shelter
care hearing may proceed ex parte ex-parte. A shelter care
order from an ex parte 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
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) that 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.
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 one day 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, 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 specified in Section 3-11, 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 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; or
(c) A person, 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.
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) 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. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; revised
10-16-15.)

(705 ILCS 405/5-530)
Sec. 5-530. Notice.
(1) A party presenting a supplemental or amended petition
or motion to the court shall provide the other parties with a
copy of any supplemental or amended petition, motion or
accompanying affidavit not yet served upon that party, and
shall file proof of that service, in accordance with
subsections (2), (3), and (4) of this Section. Written notice
of the date, time and place of the hearing, shall be provided
to all parties in accordance with local court rules.
(2) (a) On whom made. If a party is represented by an
attorney of record, service shall be made upon the attorney.
Otherwise service shall be made upon the party.
(b) Method. Papers shall be served as follows:
(1) by delivering them to the attorney or party
personally;
(2) by leaving them in the office of the attorney
with his or her clerk, or with a person in charge of
the office; or if a party is not represented by
counsel, by leaving them at his or her residence with a
family member of the age of 10 years or upwards;
(3) by depositing them in the United States post
office or post-office box enclosed in an envelope,
plainly addressed to the attorney at his or her
business address, or to the party at his or her
business address or residence, with postage fully

pre-paid; or
(4) by transmitting them via facsimile machine to
the office of the attorney or party, who has consented
to receiving service by facsimile transmission. Briefs
filed in reviewing courts shall be served in accordance
with Supreme Court Rule.
(i) A party or attorney electing to serve
pleading by facsimile must include on the
certificate of service transmitted the telephone
number of the sender's facsimile transmitting
device. Use of service by facsimile shall be deemed
consent by that party or attorney to receive
service by facsimile transmission. Any party may
rescind consent of service by facsimile
transmission in a case by filing with the court and
serving a notice on all parties or their attorneys
who have filed appearances that facsimile service
will not be accepted. A party or attorney who has
rescinded consent to service by facsimile
transmission in a case may not serve another party
or attorney by facsimile transmission in that
case.
(ii) Each page of notices and documents
transmitted by facsimile pursuant to this rule
should bear the circuit court number, the title of
the document, and the page number.

(c) Multiple parties or attorneys. In cases in which
there are 2 or more minor-respondents who appear by
different attorneys, service on all papers shall be made on
the attorney for each of the parties. If one attorney
appears for several parties, he or she is entitled to only
one copy of any paper served upon him or her by the
opposite side. When more than one attorney appears for a
party, service of a copy upon one of them is sufficient.
(3)(a) Filing. When service of a paper is required, proof
of service shall be filed with the clerk.
(b) Manner of Proof. Service is proved:
(i) by written acknowledgement signed by the
person served;
(ii) in case of service by personal delivery, by
certificate of the attorney, or affidavit of a person,
other than that an attorney, who made delivery;
(iii) in case of service by mail, by certificate of
the attorney, or affidavit of a person other than the
attorney, who deposited the paper in the mail, stating
the time and place of mailing, the complete address
which appeared on the envelope, and the fact that
proper postage was pre-paid; or
(iv) in case of service by facsimile transmission,
by certificate of the attorney or affidavit of a person
other than the attorney, who transmitted the paper via
facsimile machine, stating the time and place of

transmission, the telephone number to which the
transmission was sent and the number of pages
transmitted.
(c) Effective date of service by mail. Service by mail
is complete 4 days after mailing.
(d) Effective date of service by facsimile
transmission. Service by facsimile machine is complete on
the first court day following transmission.
(Source: P.A. 90-590, eff. 1-1-99; revised 10-16-15.)
Section 535. The Criminal Code of 2012 is amended by
changing Sections 7-5.5, 10-2, 11-1.30, 11-21, 12-2, 12-4.4a,
24-3, and 26-1 as follows:
(720 ILCS 5/7-5.5)
Sec. 7-5.5. Prohibited use of force by a peace officer.
(a) A peace officer shall not use a chokehold in the
performance of his or her duties, unless deadly force is
justified under Article 7 of this Code.
(b) A peace officer shall not use a chokehold, or any
lesser contact with the throat or neck area of another, in
order to prevent the destruction of evidence by ingestion.
(c) As used in this Section, "chokehold" means applying any
direct pressure to the throat, windpipe, or airway of another
with the intent to reduce or prevent the intake of air.
"Chokehold" does not include any holding involving contact with

the neck that is not intended to reduce the intake of air.
(Source: P.A. 99-352, eff. 1-1-16; revised 10-16-15.)
(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
Sec. 10-2. Aggravated kidnaping.
(a) A person commits the offense of aggravated kidnaping
when he or she commits kidnapping and:
(1) kidnaps with the intent to obtain ransom from the
person kidnaped or from any other person;
(2) takes as his or her victim a child under the age of
13 years, or a person with a severe or profound
intellectual disability;
(3) inflicts great bodily harm, other than by the
discharge of a firearm, or commits another felony upon his
or her victim;
(4) wears a hood, robe, or mask or conceals his or her
identity;
(5) commits the offense of kidnaping while armed with a
dangerous weapon, other than a firearm, as defined in
Section 33A-1 of this Code;
(6) commits the offense of kidnaping while armed with a
firearm;
(7) during the commission of the offense of kidnaping,
personally discharges a firearm; or
(8) during the commission of the offense of kidnaping,
personally discharges a firearm that proximately causes

great bodily harm, permanent disability, permanent
disfigurement, or death to another person.
As used in this Section, "ransom" includes money, benefit,
or other valuable thing or concession.
(b) Sentence. Aggravated kidnaping in violation of
paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
Class X felony. A violation of subsection (a)(6) is a Class X
felony for which 15 years shall be added to the term of
imprisonment imposed by the court. A violation of subsection
(a)(7) is a Class X felony for which 20 years shall be added to
the term of imprisonment imposed by the court. A violation of
subsection (a)(8) is a Class X felony for which 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court. An offender under the age of
18 years at the time of the commission of aggravated kidnaping
in violation of paragraphs (1) through (8) of subsection (a)
shall be sentenced under Section 5-4.5-105 of the Unified Code
of Corrections.
A person who has attained the age of 18 years at the time
of the commission of the offense and who is convicted of a
second or subsequent offense of aggravated kidnaping shall be
sentenced to a term of natural life imprisonment; except that a
sentence of natural life imprisonment shall not be imposed
under this Section unless the second or subsequent offense was
committed after conviction on the first offense. An offender
under the age of 18 years at the time of the commission of the

second or subsequent offense shall be sentenced under Section
5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; revised
10-16-16.)
(720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
Sec. 11-1.30. Aggravated Criminal Sexual Assault.
(a) A person commits aggravated criminal sexual assault if
that person commits criminal sexual assault and any of the
following aggravating circumstances exist during the
commission of the offense or, for purposes of paragraph (7),
occur as part of the same course of conduct as the commission
of the offense:
(1) the person displays, threatens to use, or uses a
dangerous weapon, other than a firearm, or any other object
fashioned or used in a manner that leads the victim, under
the circumstances, reasonably to believe that the object is
a dangerous weapon;
(2) the person causes bodily harm to the victim, except
as provided in paragraph (10);
(3) the person acts in a manner that threatens or
endangers the life of the victim or any other person;
(4) the person commits the criminal sexual assault
during the course of committing or attempting to commit any
other felony;
(5) the victim is 60 years of age or older;

(6) the victim is a person with a physical disability;
(7) the person delivers (by injection, inhalation,
ingestion, transfer of possession, or any other means) any
controlled substance to the victim without the victim's
consent or by threat or deception for other than medical
purposes;
(8) the person is armed with a firearm;
(9) the person personally discharges a firearm during
the commission of the offense; or
(10) the person personally discharges a firearm during
the commission of the offense, and that discharge
proximately causes great bodily harm, permanent
disability, permanent disfigurement, or death to another
person.
(b) A person commits aggravated criminal sexual assault if
that person is under 17 years of age and: (i) commits an act of
sexual penetration with a victim who is under 9 years of age;
or (ii) commits an act of sexual penetration with a victim who
is at least 9 years of age but under 13 years of age and the
person uses force or threat of force to commit the act.
(c) A person commits aggravated criminal sexual assault if
that person commits an act of sexual penetration with a victim
who is a person with a severe or profound intellectual
disability.
(d) Sentence.
(1) Aggravated criminal sexual assault in violation of

paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)
or in violation of subsection (b) or (c) is a Class X
felony. A violation of subsection (a)(1) is a Class X
felony for which 10 years shall be added to the term of
imprisonment imposed by the court. A violation of
subsection (a)(8) is a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the
court. A violation of subsection (a)(9) is a Class X felony
for which 20 years shall be added to the term of
imprisonment imposed by the court. A violation of
subsection (a)(10) is a Class X felony for which 25 years
or up to a term of natural life imprisonment shall be added
to the term of imprisonment imposed by the court. An
offender under the age of 18 years at the time of the
commission of aggravated criminal sexual assault in
violation of paragraphs (1) through (10) of subsection (a)
shall be sentenced under Section 5-4.5-105 of the Unified
Code of Corrections.
(2) A person who has attained the age of 18 years at
the time of the commission of the offense and who is
convicted of a second or subsequent offense of aggravated
criminal sexual assault, or who is convicted of the offense
of aggravated criminal sexual assault after having
previously been convicted of the offense of criminal sexual
assault or the offense of predatory criminal sexual assault
of a child, or who is convicted of the offense of

aggravated criminal sexual assault after having previously
been convicted under the laws of this or any other state of
an offense that is substantially equivalent to the offense
of criminal sexual assault, the offense of aggravated
criminal sexual assault or the offense of predatory
criminal sexual assault of a child, shall be sentenced to a
term of natural life imprisonment. The commission of the
second or subsequent offense is required to have been after
the initial conviction for this paragraph (2) to apply. An
offender under the age of 18 years at the time of the
commission of the offense covered by this paragraph (2)
shall be sentenced under Section 5-4.5-105 of the Unified
Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; revised
10-16-15.)
(720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
Sec. 11-21. Harmful material.
(a) As used in this Section:
"Distribute" means to transfer possession of, whether
with or without consideration.
"Harmful to minors" means that quality of any
description or representation, in whatever form, of
nudity, sexual conduct, sexual excitement, or
sado-masochistic abuse, when, taken as a whole, it (i)
predominately appeals to the prurient interest in sex of

minors, (ii) is patently offensive to prevailing standards
in the adult community in the State as a whole with respect
to what is suitable material for minors, and (iii) lacks
serious literary, artistic, political, or scientific value
for minors.
"Knowingly" means having knowledge of the contents of
the subject matter, or recklessly failing to exercise
reasonable inspection which would have disclosed the
contents.
"Material" means (i) any picture, photograph, drawing,
sculpture, film, video game, computer game, video or
similar visual depiction, including any such
representation or image which is stored electronically, or
(ii) any book, magazine, printed matter however
reproduced, or recorded audio of any sort.
"Minor" means any person under the age of 18.
"Nudity" means the showing of the human male or female
genitals, pubic area or buttocks with less than a fully
opaque covering, or the showing of the female breast with
less than a fully opaque covering of any portion below the
top of the nipple, or the depiction of covered male
genitals in a discernibly discernably turgid state.
"Sado-masochistic abuse" means flagellation or torture
by or upon a person clad in undergarments, a mask or
bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one

clothed for sexual gratification or stimulation.
"Sexual conduct" means acts of masturbation, sexual
intercourse, or physical contact with a person's clothed or
unclothed genitals, pubic area, buttocks or, if such person
be a female, breast.
"Sexual excitement" means the condition of human male
or female genitals when in a state of sexual stimulation or
arousal.
(b) A person is guilty of distributing harmful material to
a minor when he or she:
(1) knowingly sells, lends, distributes, exhibits to,
depicts to, or gives away to a minor, knowing that the
minor is under the age of 18 or failing to exercise
reasonable care in ascertaining the person's true age:
(A) 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, and which taken as a whole is
harmful to minors;
(B) a motion picture, show, or other presentation
which depicts nudity, sexual conduct or
sado-masochistic abuse and is harmful to minors; or
(C) an admission ticket or pass to premises where
there is exhibited or to be exhibited such a motion
picture, show, or other presentation; or

(2) admits a minor to premises where there is exhibited
or to be exhibited such a motion picture, show, or other
presentation, knowing that the minor is a person under the
age of 18 or failing to exercise reasonable care in
ascertaining the person's true age.
(c) In any prosecution arising under this Section, it is an
affirmative defense:
(1) that the minor as to whom the offense is alleged to
have been committed exhibited to the accused a draft card,
driver's license, birth certificate or other official or
apparently official document purporting to establish that
the minor was 18 years of age or older, which was relied
upon by the accused;
(2) that the defendant was in a parental or
guardianship relationship with the minor or that the minor
was accompanied by a parent or legal guardian;
(3) that the defendant was a bona fide school, museum,
or public library, or was a person acting in the course of
his or her employment as an employee or official of such
organization or retail outlet affiliated with and serving
the educational purpose of such organization;
(4) that the act charged was committed in aid of
legitimate scientific or educational purposes; or
(5) that an advertisement of harmful material as
defined in this Section culminated in the sale or
distribution of such harmful material to a child under

circumstances where there was no personal confrontation of
the child by the defendant, his or her employees, or
agents, as where the order or request for such harmful
material was transmitted by mail, telephone, Internet or
similar means of communication, and delivery of such
harmful material to the child was by mail, freight,
Internet or similar means of transport, which
advertisement contained the following statement, or a
substantially similar statement, and that the defendant
required the purchaser to certify that he or she was not
under the age of 18 and that the purchaser falsely stated
that he or she was not under the age of 18: "NOTICE: It is
unlawful for any person under the age of 18 to purchase the
matter advertised. Any person under the age of 18 that
falsely states that he or she is not under the age of 18
for the purpose of obtaining the material advertised is
guilty of a Class B misdemeanor under the laws of the
State."
(d) The predominant appeal to prurient interest of the
material shall be judged with reference to average children of
the same general age of the child to whom such material was
sold, lent, distributed or given, unless it appears from the
nature of the matter or the circumstances of its dissemination
or distribution that it is designed for specially susceptible
groups, in which case the predominant appeal of the material
shall be judged with reference to its intended or probable

recipient group.
(e) Distribution of harmful material in violation of this
Section is a Class A misdemeanor. A second or subsequent
offense is a Class 4 felony.
(f) Any person under the age of 18 who falsely states,
either orally or in writing, that he or she is not under the
age of 18, or who presents or offers to any person any evidence
of age and identity that is false or not actually his or her
own with the intent of ordering, obtaining, viewing, or
otherwise procuring or attempting to procure or view any
harmful material is guilty of a Class B misdemeanor.
(g) A person over the age of 18 who fails to exercise
reasonable care in ascertaining the true age of a minor,
knowingly distributes to, or sends, or causes to be sent, or
exhibits to, or offers to distribute, or exhibits any harmful
material to a person that he or she believes is a minor is
guilty of a Class A misdemeanor. If that person utilized a
computer web camera, cellular telephone, or any other type of
device to manufacture the harmful material, then each offense
is a Class 4 felony.
(h) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications

or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(Source: P.A. 95-983, eff. 6-1-09; 96-280, eff. 1-1-10;
96-1551, eff. 7-1-11; revised 10-16-15.)
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) Offense based on location of conduct. A person commits
aggravated assault when he or she commits an assault against an
individual who is on or about a public way, public property, a
public place of accommodation or amusement, or a sports venue.
(b) Offense based on status of victim. A person commits
aggravated assault when, in committing an assault, he or she
knows the individual assaulted to be any of the following:
(1) A person with a physical disability or a person 60
years of age or older and the assault is without legal
justification.
(2) A teacher or school employee upon school grounds or
grounds adjacent to a school or in any part of a building
used for school purposes.
(3) A park district employee upon park grounds or
grounds adjacent to a park or in any part of a building
used for park purposes.
(4) A community policing volunteer, private security

officer, or utility worker:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(4.1) A peace officer, fireman, emergency management
worker, or emergency medical technician:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(6) A correctional institution employee, a county
juvenile detention center employee who provides direct and
continuous supervision of residents of a juvenile
detention center, including a county juvenile detention
center employee who supervises recreational activity for
residents of a juvenile detention center, or a Department
of Human Services employee, Department of Human Services

officer, or employee of a subcontractor of the Department
of Human Services supervising or controlling sexually
dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(7) An employee of the State of Illinois, a municipal
corporation therein, or a political subdivision thereof,
performing his or her official duties.
(8) A transit employee performing his or her official
duties, or a transit passenger.
(9) A sports official or coach actively participating
in any level of athletic competition within a sports venue,
on an indoor playing field or outdoor playing field, or
within the immediate vicinity of such a facility or field.
(10) A person authorized to serve process under Section
2-202 of the Code of Civil Procedure or a special process
server appointed by the circuit court, while that
individual is in the performance of his or her duties as a
process server.
(c) Offense based on use of firearm, device, or motor
vehicle. A person commits aggravated assault when, in
committing an assault, he or she does any of the following:
(1) Uses a deadly weapon, an air rifle as defined in

Section 24.8-0.1 of this Act, or any device manufactured
and designed to be substantially similar in appearance to a
firearm, other than by discharging a firearm.
(2) Discharges a firearm, other than from a motor
vehicle.
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her
identity.
(5) Knowingly and without lawful justification shines
or flashes a laser gun sight or other laser device attached
to a firearm, or used in concert with a firearm, so that
the laser beam strikes near or in the immediate vicinity of
any person.
(6) Uses a firearm, other than by discharging the
firearm, against a peace officer, community policing
volunteer, fireman, private security officer, emergency
management worker, emergency medical technician, employee
of a police department, employee of a sheriff's department,
or traffic control municipal employee:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(7) Without justification operates a motor vehicle in a
manner which places a person, other than a person listed in

subdivision (b)(4), in reasonable apprehension of being
struck by the moving motor vehicle.
(8) Without justification operates a motor vehicle in a
manner which places a person listed in subdivision (b)(4),
in reasonable apprehension of being struck by the moving
motor vehicle.
(9) Knowingly video or audio records the offense with
the intent to disseminate the recording.
(d) Sentence. Aggravated assault as defined in subdivision
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
aggravated assault as defined in subdivision (b)(4) and (b)(7)
is a Class 4 felony if a Category I, Category II, or Category
III weapon is used in the commission of the assault. Aggravated
assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),
(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
Aggravated assault as defined in subdivision (c)(3) or (c)(8)
is a Class 3 felony.
(e) For the purposes of this Section, "Category I weapon",
"Category II weapon, and "Category III weapon" have the
meanings ascribed to those terms in Section 33A-1 of this Code.
(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,
eff. 7-27-15; 99-256, eff. 1-1-16; revised 10-19-15.)
(720 ILCS 5/12-4.4a)
Sec. 12-4.4a. Abuse or criminal neglect of a long term care

facility resident; criminal abuse or neglect of an elderly
person or person with a disability.
(a) Abuse or criminal neglect of a long term care facility
resident.
(1) A person or an owner or licensee commits abuse of a
long term care facility resident when he or she knowingly
causes any physical or mental injury to, or commits any
sexual offense in this Code against, a resident.
(2) A person or an owner or licensee commits criminal
neglect of a long term care facility resident when he or
she recklessly:
(A) performs acts that cause a resident's life to
be endangered, health to be injured, or pre-existing
physical or mental condition to deteriorate, or that
create the substantial likelihood that an elderly
person's or person with a disability's life will be
endangered, health will be injured, or pre-existing
physical or mental condition will deteriorate;
(B) fails to perform acts that he or she knows or
reasonably should know are necessary to maintain or
preserve the life or health of a resident, and that
failure causes the resident's life to be endangered,
health to be injured, or pre-existing physical or
mental condition to deteriorate, or that create the
substantial likelihood that an elderly person's or
person with a disability's life will be endangered,

health will be injured, or pre-existing physical or
mental condition will deteriorate; or
(C) abandons a resident.
(3) A person or an owner or licensee commits neglect of
a long term care facility resident when he or she
negligently fails to provide adequate medical care,
personal care, or maintenance to the resident which results
in physical or mental injury or deterioration of the
resident's physical or mental condition. An owner or
licensee is guilty under this subdivision (a)(3), however,
only if the owner or licensee failed to exercise reasonable
care in the hiring, training, supervising, or providing of
staff or other related routine administrative
responsibilities.
(b) Criminal abuse or neglect of an elderly person or
person with a disability.
(1) A caregiver commits criminal abuse or neglect of an
elderly person or person with a disability when he or she
knowingly does any of the following:
(A) performs acts that cause the person's life to
be endangered, health to be injured, or pre-existing
physical or mental condition to deteriorate;
(B) fails to perform acts that he or she knows or
reasonably should know are necessary to maintain or
preserve the life or health of the person, and that
failure causes the person's life to be endangered,

health to be injured, or pre-existing physical or
mental condition to deteriorate;
(C) abandons the person;
(D) physically abuses, harasses, intimidates, or
interferes with the personal liberty of the person; or
(E) exposes the person to willful deprivation.
(2) It is not a defense to criminal abuse or neglect of
an elderly person or person with a disability that the
caregiver reasonably believed that the victim was not an
elderly person or person with a disability.
(c) Offense not applicable.
(1) Nothing in this Section applies to a physician
licensed to practice medicine in all its branches or a duly
licensed nurse providing care within the scope of his or
her professional judgment and within the accepted
standards of care within the community.
(2) Nothing in this Section imposes criminal liability
on a caregiver who made a good faith effort to provide for
the health and personal care of an elderly person or person
with a disability, but through no fault of his or her own
was unable to provide such care.
(3) Nothing in this Section applies to the medical
supervision, regulation, or control of the remedial care or
treatment of residents in a long term care facility
conducted for those who rely upon treatment by prayer or
spiritual means in accordance with the creed or tenets of

any well-recognized church or religious denomination as
described in Section 3-803 of the Nursing Home Care Act,
Section 1-102 of the Specialized Mental Health
Rehabilitation Act of 2013, Section 3-803 of the ID/DD
Community Care Act, or Section 3-803 of the MC/DD Act.
(4) Nothing in this Section prohibits a caregiver from
providing treatment to an elderly person or person with a
disability by spiritual means through prayer alone and care
consistent therewith in lieu of medical care and treatment
in accordance with the tenets and practices of any church
or religious denomination of which the elderly person or
person with a disability is a member.
(5) Nothing in this Section limits the remedies
available to the victim under the Illinois Domestic
Violence Act of 1986.
(d) Sentence.
(1) Long term care facility. Abuse of a long term care
facility resident is a Class 3 felony. Criminal neglect of
a long term care facility resident is a Class 4 felony,
unless it results in the resident's death in which case it
is a Class 3 felony. Neglect of a long term care facility
resident is a petty offense.
(2) Caregiver. Criminal abuse or neglect of an elderly
person or person with a disability is a Class 3 felony,
unless it results in the person's death in which case it is
a Class 2 felony, and if imprisonment is imposed it shall

be for a minimum term of 3 years and a maximum term of 14
years.
(e) Definitions. For the purposes of this Section:
"Abandon" means to desert or knowingly forsake a resident
or an elderly person or person with a disability under
circumstances in which a reasonable person would continue to
provide care and custody.
"Caregiver" means a person who has a duty to provide for an
elderly person or person with a disability's health and
personal care, at the elderly person or person with a
disability's place of residence, including, but not limited to,
food and nutrition, shelter, hygiene, prescribed medication,
and medical care and treatment, and includes any of the
following:
(1) A parent, spouse, adult child, or other relative by
blood or marriage who resides with or resides in the same
building with or regularly visits the elderly person or
person with a disability, knows or reasonably should know
of such person's physical or mental impairment, and knows
or reasonably should know that such person is unable to
adequately provide for his or her own health and personal
care.
(2) A person who is employed by the elderly person or
person with a disability or by another to reside with or
regularly visit the elderly person or person with a
disability and provide for such person's health and

personal care.
(3) A person who has agreed for consideration to reside
with or regularly visit the elderly person or person with a
disability and provide for such person's health and
personal care.
(4) A person who has been appointed by a private or
public agency or by a court of competent jurisdiction to
provide for the elderly person or person with a
disability's health and personal care.
"Caregiver" does not include a long-term care facility
licensed or certified under the Nursing Home Care Act or a
facility licensed or certified under the ID/DD Community Care
Act, the MC/DD Act, or the Specialized Mental Health
Rehabilitation Act of 2013, or any administrative, medical, or
other personnel of such a facility, or a health care provider
who is licensed under the Medical Practice Act of 1987 and
renders care in the ordinary course of his or her profession.
"Elderly person" means a person 60 years of age or older
who is incapable of adequately providing for his or her own
health and personal care.
"Licensee" means the individual or entity licensed to
operate a facility under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, the MC/DD Act, or the Assisted Living and
Shared Housing Act.
"Long term care facility" means a private home,

institution, building, residence, or other place, whether
operated for profit or not, or a county home for the infirm and
chronically ill operated pursuant to Division 5-21 or 5-22 of
the Counties Code, or any similar institution operated by the
State of Illinois or a political subdivision thereof, which
provides, through its ownership or management, personal care,
sheltered care, or nursing for 3 or more persons not related to
the owner by blood or marriage. The term also includes skilled
nursing facilities and intermediate care facilities as defined
in Titles XVIII and XIX of the federal Social Security Act and
assisted living establishments and shared housing
establishments licensed under the Assisted Living and Shared
Housing Act.
"Owner" means the owner of a long term care facility as
provided in the Nursing Home Care Act, the owner of a facility
as provided under the Specialized Mental Health Rehabilitation
Act of 2013, the owner of a facility as provided in the ID/DD
Community Care Act, the owner of a facility as provided in the
MC/DD Act, or the owner of an assisted living or shared housing
establishment as provided in the Assisted Living and Shared
Housing Act.
"Person with a disability" means a person who suffers from
a permanent physical or mental impairment, resulting from
disease, injury, functional disorder, or congenital condition,
which renders the person incapable of adequately providing for
his or her own health and personal care.

"Resident" means a person residing in a long term care
facility.
"Willful deprivation" has the meaning ascribed to it in
paragraph (15) of Section 103 of the Illinois Domestic Violence
Act of 1986.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;
revised 10-16-15.)
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of
age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction.
(e) Sells or gives any firearm to any person who has
been a patient in a mental institution within the past 5
years. In this subsection (e):

"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used primarily
for the care or treatment of persons with mental
illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness.
(f) Sells or gives any firearms to any person who is a
person with an intellectual disability.
(g) Delivers any firearm of a size which may be
concealed upon the person, incidental to a sale, without
withholding delivery of such firearm for at least 72 hours
after application for its purchase has been made, or
delivers any rifle, shotgun or other long gun, or a stun
gun or taser, incidental to a sale, without withholding
delivery of such rifle, shotgun or other long gun, or a
stun gun or taser for at least 24 hours after application
for its purchase has been made. However, this paragraph (g)
does not apply to: (1) the sale of a firearm to a law
enforcement officer if the seller of the firearm knows that
the person to whom he or she is selling the firearm is a
law enforcement officer or the sale of a firearm to a

person who desires to purchase a firearm for use in
promoting the public interest incident to his or her
employment as a bank guard, armed truck guard, or other
similar employment; (2) a mail order sale of a firearm from
a federally licensed firearms dealer to a nonresident of
Illinois under which the firearm is mailed to a federally
licensed firearms dealer outside the boundaries of
Illinois; (3) the sale of a firearm to a nonresident of
Illinois while at a firearm showing or display recognized
by the Illinois Department of State Police; (4) the sale of
a firearm to a dealer licensed as a federal firearms dealer
under Section 923 of the federal Gun Control Act of 1968
(18 U.S.C. 923); or (5) the transfer or sale of any rifle,
shotgun, or other long gun to a resident registered
competitor or attendee or non-resident registered
competitor or attendee by any dealer licensed as a federal
firearms dealer under Section 923 of the federal Gun
Control Act of 1968 at competitive shooting events held at
the World Shooting Complex sanctioned by a national
governing body. For purposes of transfers or sales under
subparagraph (5) of this paragraph (g), the Department of
Natural Resources shall give notice to the Department of
State Police at least 30 calendar days prior to any
competitive shooting events at the World Shooting Complex
sanctioned by a national governing body. The notification
shall be made on a form prescribed by the Department of

State Police. The sanctioning body shall provide a list of
all registered competitors and attendees at least 24 hours
before the events to the Department of State Police. Any
changes to the list of registered competitors and attendees
shall be forwarded to the Department of State Police as
soon as practicable. The Department of State Police must
destroy the list of registered competitors and attendees no
later than 30 days after the date of the event. Nothing in
this paragraph (g) relieves a federally licensed firearm
dealer from the requirements of conducting a NICS
background check through the Illinois Point of Contact
under 18 U.S.C. 922(t). For purposes of this paragraph (g),
"application" means when the buyer and seller reach an
agreement to purchase a firearm. For purposes of this
paragraph (g), "national governing body" means a group of
persons who adopt rules and formulate policy on behalf of a
national firearm sporting organization.
(h) While holding any license as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control
Act of 1968, manufactures, sells or delivers to any
unlicensed person a handgun having a barrel, slide, frame
or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" is defined as in
the Firearm Owners Identification Card Act; and (2)

"handgun" is defined as a firearm designed to be held and
fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be
assembled.
(i) Sells or gives a firearm of any size to any person
under 18 years of age who does not possess a valid Firearm
Owner's Identification Card.
(j) Sells or gives a firearm while engaged in the
business of selling firearms at wholesale or retail without
being licensed as a federal firearms dealer under Section
923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
In this paragraph (j):
A person "engaged in the business" means a person who
devotes time, attention, and labor to engaging in the
activity as a regular course of trade or business with the
principal objective of livelihood and profit, but does not
include a person who makes occasional repairs of firearms
or who occasionally fits special barrels, stocks, or
trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other intents,
such as improving or liquidating a personal firearms
collection; however, proof of profit shall not be required
as to a person who engages in the regular and repetitive

purchase and disposition of firearms for criminal purposes
or terrorism.
(k) Sells or transfers ownership of a firearm to a
person who does not display to the seller or transferor of
the firearm either: (1) a currently valid Firearm Owner's
Identification Card that has previously been issued in the
transferee's name by the Department of State Police under
the provisions of the Firearm Owners Identification Card
Act; or (2) a currently valid license to carry a concealed
firearm that has previously been issued in the transferee's
name by the Department of State Police under the Firearm
Concealed Carry Act. This paragraph (k) does not apply to
the transfer of a firearm to a person who is exempt from
the requirement of possessing a Firearm Owner's
Identification Card under Section 2 of the Firearm Owners
Identification Card Act. For the purposes of this Section,
a currently valid Firearm Owner's Identification Card
means (i) a Firearm Owner's Identification Card that has
not expired or (ii) an approval number issued in accordance
with subsection (a-10) of subsection 3 or Section 3.1 of
the Firearm Owners Identification Card Act shall be proof
that the Firearm Owner's Identification Card was valid.
(1) In addition to the other requirements of this
paragraph (k), all persons who are not federally
licensed firearms dealers must also have complied with
subsection (a-10) of Section 3 of the Firearm Owners

Identification Card Act by determining the validity of
a purchaser's Firearm Owner's Identification Card.
(2) All sellers or transferors who have complied
with the requirements of subparagraph (1) of this
paragraph (k) shall not be liable for damages in any
civil action arising from the use or misuse by the
transferee of the firearm transferred, except for
willful or wanton misconduct on the part of the seller
or transferor.
(l) Not being entitled to the possession of a firearm,
delivers the firearm, knowing it to have been stolen or
converted. It may be inferred that a person who possesses a
firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is stolen
or converted.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment of
Public Act 78-355 subject to confiscation or seizure under the
provisions of that Public Act. Nothing in Public Act 78-355
shall be construed to prohibit the gift or trade of any firearm
if that firearm was legally held or acquired within 6 months
after the enactment of that Public Act.
(C) Sentence.

(1) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (c), (e), (f), (g),
or (h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) of subsection (A)
commits a Class 2 felony.
(4) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real property
comprising a school, at a school related activity, or on or
within 1,000 feet of any conveyance owned, leased, or
contracted by a school or school district to transport
students to or from school or a school related activity,
regardless of the time of day or time of year at which the
offense was committed, commits a Class 1 felony. Any person
convicted of a second or subsequent violation of unlawful
sale or delivery of firearms in violation of paragraph (a),
(b), or (i) of subsection (A) in any school, on the real
property comprising a school, within 1,000 feet of the real
property comprising a school, at a school related activity,
or on or within 1,000 feet of any conveyance owned, leased,
or contracted by a school or school district to transport

students to or from school or a school related activity,
regardless of the time of day or time of year at which the
offense was committed, commits a Class 1 felony for which
the sentence shall be a term of imprisonment of no less
than 5 years and no more than 15 years.
(5) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) or (i) of
subsection (A) in residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development, on
the real property comprising any public park, on the real
property comprising any courthouse, or on any public way
within 1,000 feet of the real property comprising any
public park, courthouse, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony.
(6) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (j) of subsection (A)
commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(7) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (k) of subsection (A)
commits a Class 4 felony, except that a violation of
subparagraph (1) of paragraph (k) of subsection (A) shall
not be punishable as a crime or petty offense. A third or
subsequent conviction for a violation of paragraph (k) of
subsection (A) is a Class 1 felony.
(8) A person 18 years of age or older convicted of
unlawful sale or delivery of firearms in violation of
paragraph (a) or (i) of subsection (A), when the firearm
that was sold or given to another person under 18 years of
age was used in the commission of or attempt to commit a
forcible felony, shall be fined or imprisoned, or both, not
to exceed the maximum provided for the most serious
forcible felony so committed or attempted by the person
under 18 years of age who was sold or given the firearm.
(9) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (d) of subsection (A)
commits a Class 3 felony.
(10) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection (A)
commits a Class 2 felony if the delivery is of one firearm.
Any person convicted of unlawful sale or delivery of
firearms in violation of paragraph (l) of subsection (A)
commits a Class 1 felony if the delivery is of not less
than 2 and not more than 5 firearms at the same time or
within a one year period. Any person convicted of unlawful

sale or delivery of firearms in violation of paragraph (l)
of subsection (A) commits a Class X felony for which he or
she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years if the
delivery is of not less than 6 and not more than 10
firearms at the same time or within a 2 year period. Any
person convicted of unlawful sale or delivery of firearms
in violation of paragraph (l) of subsection (A) commits a
Class X felony for which he or she shall be sentenced to a
term of imprisonment of not less than 6 years and not more
than 40 years if the delivery is of not less than 11 and
not more than 20 firearms at the same time or within a 3
year period. Any person convicted of unlawful sale or
delivery of firearms in violation of paragraph (l) of
subsection (A) commits a Class X felony for which he or she
shall be sentenced to a term of imprisonment of not less
than 6 years and not more than 50 years if the delivery is
of not less than 21 and not more than 30 firearms at the
same time or within a 4 year period. Any person convicted
of unlawful sale or delivery of firearms in violation of
paragraph (l) of subsection (A) commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than 60
years if the delivery is of 31 or more firearms at the same
time or within a 5 year period.
(D) For purposes of this Section:

"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or in
part by a school or school district.
(E) A prosecution for a violation of paragraph (k) of
subsection (A) of this Section may be commenced within 6 years
after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of
subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
99-143, eff. 7-27-15; revised 10-16-15.)
(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
Sec. 26-1. Disorderly conduct.
(a) A person commits disorderly conduct when he or she
knowingly:
(1) Does any act in such unreasonable manner as to
alarm or disturb another and to provoke a breach of the
peace;
(2) Transmits or causes to be transmitted in any manner
to the fire department of any city, town, village or fire
protection district a false alarm of fire, knowing at the

time of the transmission that there is no reasonable ground
for believing that the fire exists;
(3) Transmits or causes to be transmitted in any manner
to another a false alarm to the effect that a bomb or other
explosive of any nature or a container holding poison gas,
a deadly biological or chemical contaminant, or
radioactive substance is concealed in a place where its
explosion or release would endanger human life, knowing at
the time of the transmission that there is no reasonable
ground for believing that the bomb, explosive or a
container holding poison gas, a deadly biological or
chemical contaminant, or radioactive substance is
concealed in the place;
(3.5) Transmits or causes to be transmitted a threat of
destruction of a school building or school property, or a
threat of violence, death, or bodily harm directed against
persons at a school, school function, or school event,
whether or not school is in session;
(4) Transmits or causes to be transmitted in any manner
to any peace officer, public officer or public employee a
report to the effect that an offense will be committed, is
being committed, or has been committed, knowing at the time
of the transmission that there is no reasonable ground for
believing that the offense will be committed, is being
committed, or has been committed;
(5) Transmits or causes to be transmitted a false

report to any public safety agency without the reasonable
grounds necessary to believe that transmitting the report
is necessary for the safety and welfare of the public; or
(6) Calls the number "911" for the purpose of making or
transmitting a false alarm or complaint and reporting
information when, at the time the call or transmission is
made, the person knows there is no reasonable ground for
making the call or transmission and further knows that the
call or transmission could result in the emergency response
of any public safety agency;
(7) Transmits or causes to be transmitted a false
report to the Department of Children and Family Services
under Section 4 of the "Abused and Neglected Child
Reporting Act";
(8) Transmits or causes to be transmitted a false
report to the Department of Public Health under the Nursing
Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act,
or the MC/DD Act;
(9) Transmits or causes to be transmitted in any manner
to the police department or fire department of any
municipality or fire protection district, or any privately
owned and operated ambulance service, a false request for
an ambulance, emergency medical technician-ambulance or
emergency medical technician-paramedic knowing at the time
there is no reasonable ground for believing that the

assistance is required;
(10) Transmits or causes to be transmitted a false
report under Article II of Public Act 83-1432 "An Act in
relation to victims of violence and abuse", approved
September 16, 1984, as amended;
(11) Enters upon the property of another and for a lewd
or unlawful purpose deliberately looks into a dwelling on
the property through any window or other opening in it; or
(12) While acting as a collection agency as defined in
the Collection Agency Act or as an employee of the
collection agency, and while attempting to collect an
alleged debt, makes a telephone call to the alleged debtor
which is designed to harass, annoy or intimidate the
alleged debtor.
(b) Sentence. A violation of subsection (a)(1) of this
Section is a Class C misdemeanor. A violation of subsection
(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
violation of subsection (a)(8) or (a)(10) of this Section is a
Class B misdemeanor. A violation of subsection (a)(2),
(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
a Class 4 felony. A violation of subsection (a)(3) of this
Section is a Class 3 felony, for which a fine of not less than
$3,000 and no more than $10,000 shall be assessed in addition
to any other penalty imposed.
A violation of subsection (a)(12) of this Section is a
Business Offense and shall be punished by a fine not to exceed

$3,000. A second or subsequent violation of subsection (a)(7)
or (a)(5) of this Section is a Class 4 felony. A third or
subsequent violation of subsection (a)(11) of this Section is a
Class 4 felony.
(c) In addition to any other sentence that may be imposed,
a court shall order any person convicted of disorderly conduct
to perform community service for not less than 30 and not more
than 120 hours, if community service is available in the
jurisdiction and is funded and approved by the county board of
the county where the offense was committed. In addition,
whenever any person is placed on supervision for an alleged
offense under this Section, the supervision shall be
conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a
sentence of incarceration.
(d) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (3) of subsection (a) involving a false
alarm of a threat that a bomb or explosive device has been
placed in a school to reimburse the unit of government that
employs the emergency response officer or officers that were
dispatched to the school for the cost of the search for a bomb
or explosive device.
(e) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (6) of subsection (a) to reimburse the

public agency for the reasonable costs of the emergency
response by the public agency up to $10,000. If the court
determines that the person convicted of disorderly conduct
under paragraph (6) of subsection (a) is indigent, the
provisions of this subsection (e) do not apply.
(f) For the purposes of this Section, "emergency response"
means any condition that results in, or could result in, the
response of a public official in an authorized emergency
vehicle, any condition that jeopardizes or could jeopardize
public safety and results in, or could result in, the
evacuation of any area, building, structure, vehicle, or of any
other place that any person may enter, or any incident
requiring a response by a police officer, a firefighter, a
State Fire Marshal employee, or an ambulance.
(Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16;
99-180, eff. 7-29-15; revised 10-16-15.)
Section 540. The Illinois Controlled Substances Act is
amended by changing Sections 102 and 302 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-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 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 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 nurse, licensed
practical nurse, registered nurse, 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 supervision agreement required under Section 7.5 of the
Physician Assistant Practice Act of 1987, an advanced practice
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, or an
advanced practice 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.
(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 supervision agreement
required under Section 7.5 of the Physician Assistant Practice
Act of 1987, of an advanced practice 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, or of an advanced practice 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.
(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. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff.
7-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480,
eff. 9-9-15; revised 10-19-15.)
(720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
Sec. 302. (a) Every person who manufactures, distributes,
or dispenses any controlled substances; engages in chemical
analysis, research, or instructional activities which utilize
controlled substances; purchases, stores, or administers
euthanasia drugs, within this State; provides canine odor
detection services; proposes to engage in the manufacture,
distribution, or dispensing of any controlled substance;
proposes to engage in chemical analysis, research, or
instructional activities which utilize controlled substances;
proposes to engage in purchasing, storing, or administering
euthanasia drugs; or proposes to provide canine odor detection
services within this State, must obtain a registration issued
by the Department of Financial and Professional Regulation in
accordance with its rules. The rules shall include, but not be
limited to, setting the expiration date and renewal period for
each registration under this Act. The Department, any facility
or service licensed by the Department, and any veterinary
hospital or clinic operated by a veterinarian or veterinarians
licensed under the Veterinary Medicine and Surgery Practice Act
of 2004 or maintained by a State-supported or publicly funded

university or college shall be exempt from the regulation
requirements of this Section; however, such exemption shall not
operate to bar the University of Illinois from requesting, nor
the Department of Financial and Professional Regulation from
issuing, a registration to the University of Illinois
Veterinary Teaching Hospital under this Act. Neither a request
for such registration nor the issuance of such registration to
the University of Illinois shall operate to otherwise waive or
modify the exemption provided in this subsection (a).
(b) Persons registered by the Department of Financial and
Professional Regulation under this Act to manufacture,
distribute, or dispense controlled substances, engage in
chemical analysis, research, or instructional activities which
utilize controlled substances, purchase, store, or administer
euthanasia drugs, or provide canine odor detection services,
may possess, manufacture, distribute, engage in chemical
analysis, research, or instructional activities which utilize
controlled substances, dispense those substances, or purchase,
store, or administer euthanasia drugs, or provide canine odor
detection services to the extent authorized by their
registration and in conformity with the other provisions of
this Article.
(c) The following persons need not register and may
lawfully possess controlled substances under this Act:
(1) an agent or employee of any registered
manufacturer, distributor, or dispenser of any controlled

substance if he or she is acting in the usual course of his
or her employer's lawful business or employment;
(2) a common or contract carrier or warehouseman, or an
agent or employee thereof, whose possession of any
controlled substance is in the usual lawful course of such
business or employment;
(3) an ultimate user or a person in possession of a
controlled substance prescribed for the ultimate user
under a lawful prescription of a practitioner, including an
advanced practice nurse, practical nurse, or registered
nurse licensed under the Nurse Practice Act, or a physician
assistant licensed under the Physician Assistant Practice
Act of 1987, who provides hospice services to a hospice
patient or who provides home health services to a person,
or a person in possession of any controlled substance
pursuant to a lawful prescription of a practitioner or in
lawful possession of a Schedule V substance. In this
Section, "home health services" has the meaning ascribed to
it in the Home Health, Home Services, and Home Nursing
Agency Licensing Act; and "hospice patient" and "hospice
services" have the meanings ascribed to them in the Hospice
Program Licensing Act;
(4) officers and employees of this State or of the
United States while acting in the lawful course of their
official duties which requires possession of controlled
substances;

(5) a registered pharmacist who is employed in, or the
owner of, a pharmacy licensed under this Act and the
Federal Controlled Substances Act, at the licensed
location, or if he or she is acting in the usual course of
his or her lawful profession, business, or employment;
(6) a holder of a temporary license issued under
Section 17 of the Medical Practice Act of 1987 practicing
within the scope of that license and in compliance with the
rules adopted under this Act. In addition to possessing
controlled substances, a temporary license holder may
order, administer, and prescribe controlled substances
when acting within the scope of his or her license and in
compliance with the rules adopted under this Act.
(d) A separate registration is required at each place of
business or professional practice where the applicant
manufactures, distributes, or dispenses controlled substances,
or purchases, stores, or administers euthanasia drugs. Persons
are required to obtain a separate registration for each place
of business or professional practice where controlled
substances are located or stored. A separate registration is
not required for every location at which a controlled substance
may be prescribed.
(e) The Department of Financial and Professional
Regulation or the Illinois State Police may inspect the
controlled premises, as defined in Section 502 of this Act, of
a registrant or applicant for registration in accordance with

this Act and the rules promulgated hereunder and with regard to
persons licensed by the Department, in accordance with
subsection (bb) of Section 30-5 of the Alcoholism and Other
Drug Abuse and Dependency Act and the rules and regulations
promulgated thereunder.
(Source: P.A. 99-163, eff. 1-1-16; 99-247, eff. 8-3-15; revised
10-16-15.)
Section 545. The Code of Criminal Procedure of 1963 is
amended by changing Sections 111-8 and 115-17b as follows:
(725 ILCS 5/111-8) (from Ch. 38, par. 111-8)
Sec. 111-8. Orders of protection to prohibit domestic
violence.
(a) Whenever a violation of Section 9-1, 9-2, 9-3, 10-3,
10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 11-14.3 that involves soliciting for a prostitute,
11-14.4 that involves soliciting for a juvenile prostitute,
11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1,
12-4.3, 12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1,
21-2, 21-3, or 26.5-2 of the Criminal Code of 1961 or the
Criminal Code of 2012 or Section 1-1 of the Harassing and
Obscene Communications Act is alleged in an information,
complaint or indictment on file, and the alleged offender and

victim are family or household members, as defined in the
Illinois Domestic Violence Act of 1986, as now or hereafter
amended, the People through the respective State's Attorneys
may by separate petition and upon notice to the defendant,
except as provided in subsection (c) herein, request the court
to issue an order of protection.
(b) In addition to any other remedies specified in Section
208 of the Illinois Domestic Violence Act of 1986, as now or
hereafter amended, the order may direct the defendant to
initiate no contact with the alleged victim or victims who are
family or household members and to refrain from entering the
residence, school or place of business of the alleged victim or
victims.
(c) The court may grant emergency relief without notice
upon a showing of immediate and present danger of abuse to the
victim or minor children of the victim and may enter a
temporary order pending notice and full hearing on the matter.
(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11;
P.A. 96-1551, Article 2, Section 1040, eff. 7-1-11; 97-1108,
eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
revised 10-20-15.)
(725 ILCS 5/115-17b)
Sec. 115-17b. Administrative subpoenas.
(a) Definitions. As used in this Section:
"Electronic communication services" and "remote

computing services" have the same meaning as provided in
the Electronic Communications Privacy Act in Chapter 121
(commencing with Section 2701) of Part I of Title 18 of the
United States Code Annotated.
"Offense involving the sexual exploitation of
children" means an offense under Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9.1,
11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 11-21, 11-23, 11-25, 11-26,
12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code
of 1961 or the Criminal Code of 2012 or any attempt to
commit any of these offenses when the victim is under 18
years of age.
(b) Subpoenas duces tecum. In any criminal investigation of
an offense involving the sexual exploitation of children, the
Attorney General, or his or her designee, or a State's
Attorney, or his or her designee, may issue in writing and
cause to be served subpoenas duces tecum to providers of
electronic communication services or remote computing services
requiring the production of records relevant to the
investigation. Any such request for records shall not extend
beyond requiring the provider to disclose the information
specified in 18 U.S.C. 2703(c)(2). Any subpoena duces tecum
issued under this Section shall be made returnable to the Chief
Judge of the Circuit Court for the Circuit in which the State's
Attorney resides, or his or her designee, or for subpoenas

issued by the Attorney General, the subpoena shall be made
returnable to the Chief Judge of the Circuit Court for the
Circuit to which the investigation pertains, or his or her
designee, to determine whether the documents are privileged and
whether the subpoena is unreasonable or oppressive.
(c) Contents of subpoena. A subpoena under this Section
shall describe the records or other things required to be
produced and prescribe a return date within a reasonable period
of time within which the objects or records can be assembled
and made available.
(c-5) Contemporaneous notice to Chief Judge. Whenever a
subpoena is issued under this Section, the Attorney General or
his or her designee or the State's Attorney or his or of her
designee shall be required to provide a copy of the subpoena to
the Chief Judge of the county in which the subpoena is
returnable.
(d) Modifying or quashing subpoena. At any time before the
return date specified in the subpoena, the person or entity to
whom the subpoena is directed may petition for an order
modifying or quashing the subpoena on the grounds that the
subpoena is oppressive or unreasonable or that the subpoena
seeks privileged documents or records.
(e) Ex parte order. An Illinois circuit court for the
circuit in which the subpoena is or will be issued, upon
application of the Attorney General, or his or her designee, or
State's Attorney, or his or her designee, may issue an ex parte

order that no person or entity disclose to any other person or
entity (other than persons necessary to comply with the
subpoena) the existence of such subpoena for a period of up to
90 days.
(1) Such order may be issued upon a showing that the
things being sought may be relevant to the investigation
and there is reason to believe that such disclosure may
result in:
(A) endangerment to the life or physical safety of
any person;
(B) flight to avoid prosecution;
(C) destruction of or tampering with evidence;
(D) intimidation of potential witnesses; or
(E) otherwise seriously jeopardizing an
investigation or unduly delaying a trial.
(2) An order under this Section may be renewed for
additional periods of up to 90 days upon a showing that the
circumstances described in paragraph (1) of this
subsection (e) continue to exist.
(f) Enforcement. A witness who is duly subpoenaed who
neglects or refuses to comply with the subpoena shall be
proceeded against and punished for contempt of the court. A
subpoena duces tecum issued under this Section may be enforced
pursuant to the Uniform Act to Secure the Attendance of
Witnesses from Within or Without a State in Criminal
Proceedings.

(g) Immunity from civil liability. Notwithstanding any
federal, State, or local law, any person, including officers,
agents, and employees, receiving a subpoena under this Section,
who complies in good faith with the subpoena and thus produces
the materials sought, shall not be liable in any court of
Illinois to any customer or other person for such production or
for nondisclosure of that production to the customer.
(Source: P.A. 97-475, eff. 8-22-11; 97-1150, eff. 1-25-13;
revised 10-16-15.)
Section 550. The Rights of Crime Victims and Witnesses Act
is amended by changing Section 3 as follows:
(725 ILCS 120/3) (from Ch. 38, par. 1403)
Sec. 3. The terms used in this Act shall have the following
meanings:
(a) "Crime victim" or "victim" means: (1) any natural
person determined by the prosecutor or the court to have
suffered direct physical or psychological harm as a result of a
violent crime perpetrated or attempted against that person or
direct physical or psychological harm as a result of (i) a
violation of Section 11-501 of the Illinois Vehicle Code or
similar provision of a local ordinance or (ii) a violation of
Section 9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012; (2) in the case of a crime victim who is under 18 years
of age or an adult victim who is incompetent or incapacitated,

both parents, legal guardians, foster parents, or a single
adult representative; (3) in the case of an adult deceased
victim, 2 representatives who may be the spouse, parent, child
or sibling of the victim, or the representative of the victim's
estate; and (4) an immediate family member of a victim under
clause (1) of this paragraph (a) chosen by the victim. If the
victim is 18 years of age or over, the victim may choose any
person to be the victim's representative. In no event shall the
defendant or any person who aided and abetted in the commission
of the crime be considered a victim, a crime victim, or a
representative of the victim.
A board, agency, or other governmental entity making
decisions regarding an offender's release, sentence reduction,
or clemency can determine additional persons are victims for
the purpose of its proceedings. person with a disability
(a-3) "Advocate" means a person whose communications with
the victim are privileged under Section 8-802.1 or 8-802.2 of
the Code of Civil Procedure, or Section 227 of the Illinois
Domestic Violence Act of 1986.
(a-5) "Confer" means to consult together, share
information, compare opinions and carry on a discussion or
deliberation.
(a-7) "Sentence" includes, but is not limited to, the
imposition of sentence, a request for a reduction in sentence,
parole, mandatory supervised release, aftercare release, early
release, clemency, or a proposal that would reduce the

defendant's sentence or result in the defendant's release.
"Early release" refers to a discretionary release.
(a-9) "Sentencing" includes, but is not limited to, the
imposition of sentence and a request for a reduction in
sentence, parole, mandatory supervised release, aftercare
release, or early release.
(b) "Witness" means any person who personally observed the
commission of a crime and who will testify on behalf of the
State of Illinois.
(c) "Violent crime Crime" means: (1) any felony in which
force or threat of force was used against the victim; (2) any
offense involving sexual exploitation, sexual conduct, or
sexual penetration; (3) a violation of Section 11-20.1,
11-20.1B, 11-20.3, or 11-23.5 of the Criminal Code of 1961 or
the Criminal Code of 2012; (4) domestic battery or , stalking;
(5) violation of an order of protection, a civil no contact
order, or a stalking no contact order; (6) any misdemeanor
which results in death or great bodily harm to the victim; or
(7) any violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, or Section 11-501 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, if
the violation resulted in personal injury or death. "Violent
crime" includes any action committed by a juvenile that would
be a violent crime if committed by an adult. For the purposes
of this paragraph, "personal injury" shall include any Type A
injury as indicated on the traffic accident report completed by

a law enforcement officer that requires immediate professional
attention in either a doctor's office or medical facility. A
type A injury shall include severely bleeding wounds, distorted
extremities, and injuries that require the injured party to be
carried from the scene.
(d) (Blank).
(e) "Court proceedings" includes, but is not limited to,
the preliminary hearing, any post-arraignment hearing the
effect of which may be the release of the defendant from
custody or to alter the conditions of bond, change of plea
hearing, the trial, any pretrial or post-trial hearing,
sentencing, any oral argument or hearing before an Illinois
appellate court, any hearing under the Mental Health and
Developmental Disabilities Code after a finding that the
defendant is not guilty by reason of insanity, any hearing
related to a modification of sentence, probation revocation
hearing, aftercare release or parole hearings, post-conviction
relief proceedings, habeas corpus proceedings and clemency
proceedings related to the defendant's conviction or sentence.
For purposes of the victim's right to be present, "court
proceedings" does not include (1) hearings under Section 109-1
of the Code of Criminal Procedure of 1963, (2) grand jury
proceedings, (3) status hearings, or (4) the issuance of an
order or decision of an Illinois court that dismisses a charge,
reverses a conviction, reduces a sentence, or releases an
offender under a court rule.

(f) "Concerned citizen" includes relatives of the victim,
friends of the victim, witnesses to the crime, or any other
person associated with the victim or prisoner.
(g) "Victim's attorney" means an attorney retained by the
victim for the purposes of asserting the victim's
constitutional and statutory rights. An attorney retained by
the victim means an attorney who is hired to represent the
victim at the victim's expense or an attorney who has agreed to
provide pro bono representation. Nothing in this statute
creates a right to counsel at public expense for a victim.
(Source: P.A. 98-558, eff. 1-1-14; 99-143, eff. 7-27-15;
99-413, eff. 8-20-15; revised 10-19-15.)
Section 555. The Witness Protection Act is amended by
changing Section 2 as follows:
(725 ILCS 245/2) (from Ch. 38, par. 155-22)
Sec. 2. The Illinois Law Enforcement Commission with
respect to federal grant moneys received by such Commission
prior to January 1, 1983, may make grants prior to April 1,
1983 to the several State's Attorneys states attorneys of the
State of Illinois. Such grants may be made to any State's
Attorney states attorney who applies for funds to provide for
protection of witnesses and the families and property of
witnesses involved in criminal investigations and
prosecutions.

(Source: P.A. 82-1039; revised 10-16-15.)
Section 560. The Unified Code of Corrections is amended by
changing Sections 3-6-3, 5-4-3b, 5-5-3.1, 5-5-3.2, 5-5.5-5,
and 5-6-3.1 as follows:
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Sentence Credit.
(a) (1) The Department of Corrections shall prescribe
rules and regulations for awarding and revoking sentence
credit for persons committed to the Department which shall
be subject to review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may
be awarded for the following:
(A) successful completion of programming while in
custody of the Department or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of
the Department; or
(C) service to the institution, service to a
community, or service to the State.
(2) The rules and regulations on sentence credit shall
provide, with respect to offenses listed in clause (i),
(ii), or (iii) of this paragraph (2) committed on or after
June 19, 1998 or with respect to the offense listed in
clause (iv) of this paragraph (2) committed on or after

June 23, 2005 (the effective date of Public Act 94-71) or
with respect to offense listed in clause (vi) committed on
or after June 1, 2008 (the effective date of Public Act
95-625) or with respect to the offense of being an armed
habitual criminal committed on or after August 2, 2005 (the
effective date of Public Act 94-398) or with respect to the
offenses listed in clause (v) of this paragraph (2)
committed on or after August 13, 2007 (the effective date
of Public Act 95-134) or with respect to the offense of
aggravated domestic battery committed on or after July 23,
2010 (the effective date of Public Act 96-1224) or with
respect to the offense of attempt to commit terrorism
committed on or after January 1, 2013 (the effective date
of Public Act 97-990), the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense
of terrorism shall receive no sentence credit and shall
serve the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt
to commit terrorism, attempt to commit first degree
murder, solicitation of murder, solicitation of murder
for hire, intentional homicide of an unborn child,
predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual
assault, aggravated kidnapping, aggravated battery
with a firearm as described in Section 12-4.2 or

subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
Section 12-3.05, heinous battery as described in
Section 12-4.1 or subdivision (a)(2) of Section
12-3.05, being an armed habitual criminal, aggravated
battery of a senior citizen as described in Section
12-4.6 or subdivision (a)(4) of Section 12-3.05, or
aggravated battery of a child as described in Section
12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
receive no more than 4.5 days of sentence credit for
each month of his or her sentence of imprisonment;
(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular
hijacking, aggravated discharge of a firearm, or armed
violence with a category I weapon or category II
weapon, when the court has made and entered a finding,
pursuant to subsection (c-1) of Section 5-4-1 of this
Code, that the conduct leading to conviction for the
enumerated offense resulted in great bodily harm to a
victim, shall receive no more than 4.5 days of sentence
credit for each month of his or her sentence of
imprisonment;
(iv) that a prisoner serving a sentence for
aggravated discharge of a firearm, whether or not the
conduct leading to conviction for the offense resulted
in great bodily harm to the victim, shall receive no
more than 4.5 days of sentence credit for each month of

his or her sentence of imprisonment;
(v) that a person serving a sentence for
gunrunning, narcotics racketeering, controlled
substance trafficking, methamphetamine trafficking,
drug-induced homicide, aggravated
methamphetamine-related child endangerment, money
laundering pursuant to clause (c) (4) or (5) of Section
29B-1 of the Criminal Code of 1961 or the Criminal Code
of 2012, or a Class X felony conviction for delivery of
a controlled substance, possession of a controlled
substance with intent to manufacture or deliver,
calculated criminal drug conspiracy, criminal drug
conspiracy, street gang criminal drug conspiracy,
participation in methamphetamine manufacturing,
aggravated participation in methamphetamine
manufacturing, delivery of methamphetamine, possession
with intent to deliver methamphetamine, aggravated
delivery of methamphetamine, aggravated possession
with intent to deliver methamphetamine,
methamphetamine conspiracy when the substance
containing the controlled substance or methamphetamine
is 100 grams or more shall receive no more than 7.5
days sentence credit for each month of his or her
sentence of imprisonment;
(vi) that a prisoner serving a sentence for a
second or subsequent offense of luring a minor shall

receive no more than 4.5 days of sentence credit for
each month of his or her sentence of imprisonment; and
(vii) that a prisoner serving a sentence for
aggravated domestic battery shall receive no more than
4.5 days of sentence credit for each month of his or
her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or
after June 23, 2005 (the effective date of Public Act
94-71) or subdivision (a)(2)(v) committed on or after
August 13, 2007 (the effective date of Public Act 95-134)
or subdivision (a)(2)(vi) committed on or after June 1,
2008 (the effective date of Public Act 95-625) or
subdivision (a)(2)(vii) committed on or after July 23, 2010
(the effective date of Public Act 96-1224), and other than
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, and other than
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or

after January 1, 2011 (the effective date of Public Act
96-1230), the rules and regulations shall provide that a
prisoner who is serving a term of imprisonment shall
receive one day of sentence credit for each day of his or
her sentence of imprisonment or recommitment under Section
3-3-9. Each day of sentence credit shall reduce by one day
the prisoner's period of imprisonment or recommitment
under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to death
shall receive no sentence credit.
(2.3) The rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, shall receive no more than 4.5 days
of sentence credit for each month of his or her sentence of
imprisonment.
(2.4) The rules and regulations on sentence credit
shall provide with respect to the offenses of aggravated
battery with a machine gun or a firearm equipped with any
device or attachment designed or used for silencing the
report of a firearm or aggravated discharge of a machine
gun or a firearm equipped with any device or attachment

designed or used for silencing the report of a firearm,
committed on or after July 15, 1999 (the effective date of
Public Act 91-121), that a prisoner serving a sentence for
any of these offenses shall receive no more than 4.5 days
of sentence credit for each month of his or her sentence of
imprisonment.
(2.5) The rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more
than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment.
(2.6) The rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds or any
combination thereof as defined in subparagraph (C) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code committed on or after January 1, 2011
(the effective date of Public Act 96-1230) shall receive no
more than 4.5 days of sentence credit for each month of his
or her sentence of imprisonment.
(3) The rules and regulations shall also provide that
the Director may award up to 180 days additional sentence
credit for good conduct in specific instances as the
Director deems proper. The good conduct may include, but is

not limited to, compliance with the rules and regulations
of the Department, service to the Department, service to a
community, or service to the State. However, the Director
shall not award more than 90 days of sentence credit for
good conduct to any prisoner who is serving a sentence for
conviction of first degree murder, reckless homicide while
under the influence of alcohol or any other drug, or
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, aggravated kidnapping, kidnapping,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, deviate
sexual assault, aggravated criminal sexual abuse,
aggravated indecent liberties with a child, indecent
liberties with a child, child pornography, heinous battery
as described in Section 12-4.1 or subdivision (a)(2) of
Section 12-3.05, aggravated battery of a spouse,
aggravated battery of a spouse with a firearm, stalking,
aggravated stalking, aggravated battery of a child as
described in Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05, endangering the life or health of a child,
or cruelty to a child. Notwithstanding the foregoing,
sentence credit for good conduct shall not be awarded on a
sentence of imprisonment imposed for conviction of: (i) one

of the offenses enumerated in subdivision (a)(2)(i), (ii),
or (iii) when the offense is committed on or after June 19,
1998 or subdivision (a)(2)(iv) when the offense is
committed on or after June 23, 2005 (the effective date of
Public Act 94-71) or subdivision (a)(2)(v) when the offense
is committed on or after August 13, 2007 (the effective
date of Public Act 95-134) or subdivision (a)(2)(vi) when
the offense is committed on or after June 1, 2008 (the
effective date of Public Act 95-625) or subdivision
(a)(2)(vii) when the offense is committed on or after July
23, 2010 (the effective date of Public Act 96-1224), (ii)
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) one of the offenses enumerated
in subdivision (a)(2.4) when the offense is committed on or
after July 15, 1999 (the effective date of Public Act
91-121), (iv) aggravated arson when the offense is
committed on or after July 27, 2001 (the effective date of
Public Act 92-176), (v) offenses that may subject the
offender to commitment under the Sexually Violent Persons
Commitment Act, or (vi) aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds or any combination thereof as defined
in subparagraph (C) of paragraph (1) of subsection (d) of

Section 11-501 of the Illinois Vehicle Code committed on or
after January 1, 2011 (the effective date of Public Act
96-1230).
Eligible inmates for an award of sentence credit under this
paragraph (3) may be selected to receive the credit at the
Director's or his or her designee's sole discretion.
Consideration may be based on, but not limited to, any
available risk assessment analysis on the inmate, any history
of conviction for violent crimes as defined by the Rights of
Crime Victims and Witnesses Act, facts and circumstances of the
inmate's holding offense or offenses, and the potential for
rehabilitation.
The Director shall not award sentence credit under this
paragraph (3) to an inmate unless the inmate has served a
minimum of 60 days of the sentence; except nothing in this
paragraph shall be construed to permit the Director to extend
an inmate's sentence beyond that which was imposed by the
court. Prior to awarding credit under this paragraph (3), the
Director shall make a written determination that the inmate:
(A) is eligible for the sentence credit;
(B) has served a minimum of 60 days, or as close to
60 days as the sentence will allow; and
(C) has met the eligibility criteria established
by rule.
The Director shall determine the form and content of
the written determination required in this subsection.

(3.5) The Department shall provide annual written
reports to the Governor and the General Assembly on the
award of sentence credit for good conduct, with the first
report due January 1, 2014. The Department must publish
both reports on its website within 48 hours of transmitting
the reports to the Governor and the General Assembly. The
reports must include:
(A) the number of inmates awarded sentence credit
for good conduct;
(B) the average amount of sentence credit for good
conduct awarded;
(C) the holding offenses of inmates awarded
sentence credit for good conduct; and
(D) the number of sentence credit for good conduct
revocations.
(4) The rules and regulations shall also provide that
the sentence credit accumulated and retained under
paragraph (2.1) of subsection (a) of this Section by any
inmate during specific periods of time in which such inmate
is engaged full-time in substance abuse programs,
correctional industry assignments, educational programs,
behavior modification programs, life skills courses, or
re-entry planning provided by the Department under this
paragraph (4) and satisfactorily completes the assigned
program as determined by the standards of the Department,
shall be multiplied by a factor of 1.25 for program

participation before August 11, 1993 and 1.50 for program
participation on or after that date. The rules and
regulations shall also provide that sentence credit,
subject to the same offense limits and multiplier provided
in this paragraph, may be provided to an inmate who was
held in pre-trial detention prior to his or her current
commitment to the Department of Corrections and
successfully completed a full-time, 60-day or longer
substance abuse program, educational program, behavior
modification program, life skills course, or re-entry
planning provided by the county department of corrections
or county jail. Calculation of this county program credit
shall be done at sentencing as provided in Section
5-4.5-100 of this Code and shall be included in the
sentencing order. However, no inmate shall be eligible for
the additional sentence credit under this paragraph (4) or
(4.1) of this subsection (a) while assigned to a boot camp
or electronic detention, or if convicted of an offense
enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
Section that is committed on or after June 19, 1998 or
subdivision (a)(2)(iv) of this Section that is committed on
or after June 23, 2005 (the effective date of Public Act
94-71) or subdivision (a)(2)(v) of this Section that is
committed on or after August 13, 2007 (the effective date
of Public Act 95-134) or subdivision (a)(2)(vi) when the
offense is committed on or after June 1, 2008 (the

effective date of Public Act 95-625) or subdivision
(a)(2)(vii) when the offense is committed on or after July
23, 2010 (the effective date of Public Act 96-1224), or if
convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, or if
convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or
after January 1, 2011 (the effective date of Public Act
96-1230), or if convicted of an offense enumerated in
paragraph (a)(2.4) of this Section that is committed on or
after July 15, 1999 (the effective date of Public Act
91-121), or first degree murder, a Class X felony, criminal
sexual assault, felony criminal sexual abuse, aggravated
criminal sexual abuse, aggravated battery with a firearm as
described in Section 12-4.2 or subdivision (e)(1), (e)(2),
(e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
successor offenses with the same or substantially the same
elements, or any inchoate offenses relating to the
foregoing offenses. No inmate shall be eligible for the
additional good conduct credit under this paragraph (4) who

(i) has previously received increased good conduct credit
under this paragraph (4) and has subsequently been
convicted of a felony, or (ii) has previously served more
than one prior sentence of imprisonment for a felony in an
adult correctional facility.
Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry
planning, and correctional industry programs under which
sentence credit may be increased under this paragraph (4)
and paragraph (4.1) of this subsection (a) shall be
evaluated by the Department on the basis of documented
standards. The Department shall report the results of these
evaluations to the Governor and the General Assembly by
September 30th of each year. The reports shall include data
relating to the recidivism rate among program
participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General
Assembly for these purposes. Eligible inmates who are
denied immediate admission shall be placed on a waiting
list under criteria established by the Department. The
inability of any inmate to become engaged in any such
programs by reason of insufficient program resources or for
any other reason established under the rules and
regulations of the Department shall not be deemed a cause
of action under which the Department or any employee or

agent of the Department shall be liable for damages to the
inmate.
(4.1) The rules and regulations shall also provide that
an additional 90 days of sentence credit shall be awarded
to any prisoner who passes high school equivalency testing
while the prisoner is committed to the Department of
Corrections. The sentence credit awarded under this
paragraph (4.1) shall be in addition to, and shall not
affect, the award of sentence credit under any other
paragraph of this Section, but shall also be pursuant to
the guidelines and restrictions set forth in paragraph (4)
of subsection (a) of this Section. The sentence credit
provided for in this paragraph shall be available only to
those prisoners who have not previously earned a high
school diploma or a high school equivalency certificate.
If, after an award of the high school equivalency testing
sentence credit has been made, the Department determines
that the prisoner was not eligible, then the award shall be
revoked. The Department may also award 90 days of sentence
credit to any committed person who passed high school
equivalency testing while he or she was held in pre-trial
detention prior to the current commitment to the Department
of Corrections.
(4.5) The rules and regulations on sentence credit
shall also provide that when the court's sentencing order
recommends a prisoner for substance abuse treatment and the

crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the prisoner shall
receive no sentence credit awarded under clause (3) of this
subsection (a) unless he or she participates in and
completes a substance abuse treatment program. The
Director may waive the requirement to participate in or
complete a substance abuse treatment program and award the
sentence credit in specific instances if the prisoner is
not a good candidate for a substance abuse treatment
program for medical, programming, or operational reasons.
Availability of substance abuse treatment shall be subject
to the limits of fiscal resources appropriated by the
General Assembly for these purposes. If treatment is not
available and the requirement to participate and complete
the treatment has not been waived by the Director, the
prisoner shall be placed on a waiting list under criteria
established by the Department. The Director may allow a
prisoner placed on a waiting list to participate in and
complete a substance abuse education class or attend
substance abuse self-help meetings in lieu of a substance
abuse treatment program. A prisoner on a waiting list who
is not placed in a substance abuse program prior to release
may be eligible for a waiver and receive sentence credit
under clause (3) of this subsection (a) at the discretion
of the Director.
(4.6) The rules and regulations on sentence credit

shall also provide that a prisoner who has been convicted
of a sex offense as defined in Section 2 of the Sex
Offender Registration Act shall receive no sentence credit
unless he or she either has successfully completed or is
participating in sex offender treatment as defined by the
Sex Offender Management Board. However, prisoners who are
waiting to receive treatment, but who are unable to do so
due solely to the lack of resources on the part of the
Department, may, at the Director's sole discretion, be
awarded sentence credit at a rate as the Director shall
determine.
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of
sentence credit for good conduct under paragraph (3) of
subsection (a) of this Section given at any time during the
term, the Department shall give reasonable notice of the
impending release not less than 14 days prior to the date
of the release to the State's Attorney of the county where
the prosecution of the inmate took place, and if
applicable, the State's Attorney of the county into which
the inmate will be released. The Department must also make
identification information and a recent photo of the inmate
being released accessible on the Internet by means of a
hyperlink labeled "Community Notification of Inmate Early
Release" on the Department's World Wide Web homepage. The
identification information shall include the inmate's:

name, any known alias, date of birth, physical
characteristics, commitment offense and county where
conviction was imposed. The identification information
shall be placed on the website within 3 days of the
inmate's release and the information may not be removed
until either: completion of the first year of mandatory
supervised release or return of the inmate to custody of
the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking sentence
credit awarded for good conduct under paragraph (3) of
subsection (a) of this Section. The Department shall prescribe
rules and regulations for suspending or reducing the rate of
accumulation of sentence credit for specific rule violations,
during imprisonment. These rules and regulations shall provide
that no inmate may be penalized more than one year of sentence
credit for any one infraction.
When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any sentence credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of sentence
credits before the Prisoner Review Board as provided in

subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days or when during any 12
month period, the cumulative amount of credit revoked exceeds
30 days except where the infraction is committed or discovered
within 60 days of scheduled release. In those cases, the
Department of Corrections may revoke up to 30 days of sentence
credit. The Board may subsequently approve the revocation of
additional sentence credit, if the Department seeks to revoke
sentence credit in excess of 30 days. However, the Board shall
not be empowered to review the Department's decision with
respect to the loss of 30 days of sentence credit within any
calendar year for any prisoner or to increase any penalty
beyond the length requested by the Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days of sentence
credits which have been revoked, suspended or reduced. Any
restoration of sentence credits in excess of 30 days shall be
subject to review by the Prisoner Review Board. However, the
Board may not restore sentence credit in excess of the amount
requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or

federal court against the State, the Department of Corrections,
or the Prisoner Review Board, or against any of their officers
or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of sentence credit by bringing
charges against the prisoner sought to be deprived of the
sentence credits before the Prisoner Review Board as provided
in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
prisoner has not accumulated 180 days of sentence credit at the
time of the finding, then the Prisoner Review Board may revoke
all sentence credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or other
filing which purports to be a legal document filed by a
prisoner in his or her lawsuit meets any or all of the
following criteria:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the

establishment of new law;
(D) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further
investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

the Criminal Code of 2012, earlier than it otherwise would
because of a grant of sentence credit, the Department, as a
condition of release, shall require that the person, upon
release, be placed under electronic surveillance as provided in
Section 5-8A-7 of this Code.
(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
eff. 1-1-16; revised 10-19-15.)
(730 ILCS 5/5-4-3b)
Sec. 5-4-3b. Electronic Laboratory Information Management
System.
(a) The Department of State Police shall obtain, implement,
and maintain an Electronic Laboratory Information Management
System (LIMS), to efficiently and effectively track all
evidence submitted for forensic testing. At a minimum, the LIMS
shall record:
(1) the criminal offense or suspected criminal offense
for which the evidence is being submitted;
(2) the law enforcement agency submitting the
evidence;
(3) the name of the victim;
(4) the law enforcement agency case number;
(5) the State Police Laboratory case number;
(6) the date the evidence was received by the State
Police Laboratory;
(7) if the State Police Laboratory sent the evidence

for analysis to another designated laboratory, the name of
the laboratory and the date the evidence was sent to that
laboratory; and
(8) the date and description of any results or
information regarding the analysis sent to the submitting
law enforcement agency by the State Police Laboratory or
any other designated laboratory.
The LIMS shall also link multiple forensic evidence
submissions pertaining to a single criminal investigation such
that evidence submitted to confirm a previously reported
Combined DNA Index System (CODIS) hit in a State or federal
database can be linked to the initial evidence submission. The
LIMS shall be such that the system provides ease of
interoperability with law enforcement agencies for evidence
submission and reporting, as well as supports expansion
capabilities for future internal networking and laboratory
operations.
(b) The Department of State Police, in consultation with
and subject to the approval of the Chief Procurement Officer,
may procure a single contract or multiple contracts to
implement the provisions of this Section. A contract or
contracts under this subsection are not subject to the
provisions of the Illinois Procurement Code, except for
Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that
Code, provided that the Chief Procurement Officer may, in
writing with justification, waive any certification required

under Article 50 of the Illinois Procurement Code. This
exemption is inoperative 2 years from January 1, 2016 (the
effective date of Public Act 99-352) this amendatory Act of the
99th General Assembly.
(Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)
(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
Sec. 5-5-3.1. Factors in Mitigation.
(a) The following grounds shall be accorded weight in favor
of withholding or minimizing a sentence of imprisonment:
(1) The defendant's criminal conduct neither caused
nor threatened serious physical harm to another.
(2) The defendant did not contemplate that his criminal
conduct would cause or threaten serious physical harm to
another.
(3) The defendant acted under a strong provocation.
(4) There were substantial grounds tending to excuse or
justify the defendant's criminal conduct, though failing
to establish a defense.
(5) The defendant's criminal conduct was induced or
facilitated by someone other than the defendant.
(6) The defendant has compensated or will compensate
the victim of his criminal conduct for the damage or injury
that he sustained.
(7) The defendant has no history of prior delinquency
or criminal activity or has led a law-abiding life for a

substantial period of time before the commission of the
present crime.
(8) The defendant's criminal conduct was the result of
circumstances unlikely to recur.
(9) The character and attitudes of the defendant
indicate that he is unlikely to commit another crime.
(10) The defendant is particularly likely to comply
with the terms of a period of probation.
(11) The imprisonment of the defendant would entail
excessive hardship to his dependents.
(12) The imprisonment of the defendant would endanger
his or her medical condition.
(13) The defendant was a person with an intellectual
disability as defined in Section 5-1-13 of this Code.
(14) The defendant sought or obtained emergency
medical assistance for an overdose and was convicted of a
Class 3 felony or higher possession, manufacture, or
delivery of a controlled, counterfeit, or look-alike
substance or a controlled substance analog under the
Illinois Controlled Substances Act or a Class 2 felony or
higher possession, manufacture or delivery of
methamphetamine under the Methamphetamine Control and
Community Protection Act.
(15) At the time of the offense, the defendant is or
had been the victim of domestic violence and the effects of
the domestic violence tended to excuse or justify the

defendant's criminal conduct. As used in this paragraph
(15), "domestic violence" means abuse as defined in Section
103 of the Illinois Domestic Violence Act of 1986.
(b) If the court, having due regard for the character of
the offender, the nature and circumstances of the offense and
the public interest finds that a sentence of imprisonment is
the most appropriate disposition of the offender, or where
other provisions of this Code mandate the imprisonment of the
offender, the grounds listed in paragraph (a) of this
subsection shall be considered as factors in mitigation of the
term imposed.
(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15;
99-384, eff. 1-1-16; revised 10-16-15.)
(730 ILCS 5/5-5-3.2)
Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
Sentencing.
(a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency or

criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular offense
committed or to bring the offenders committing it to
justice;
(5) the defendant held public office at the time of the
offense, and the offense related to the conduct of that
office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who has a physical disability or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual; (ii)
the person or property of a person who has an association
with, is married to, or has a friendship with the other
individual; or (iii) the person or property of a relative

(by blood or marriage) of a person described in clause (i)
or (ii). For the purposes of this Section, "sexual
orientation" has the meaning ascribed to it in paragraph
(O-1) of Section 1-103 of the Illinois Human Rights Act;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was released on bail or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 11-0.1 of the Criminal Code of 2012,
teacher, scout leader, baby sitter, or day care worker, in

relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
11-14.4 except for an offense that involves keeping a place
of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012 against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation of
one of the following Sections while in a school, regardless
of the time of day or time of year; on any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity; on
the real property of a school; or on a public way within
1,000 feet of the real property comprising any school:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the

Criminal Code of 2012;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
2012;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home. For
the purposes of this paragraph (18), "nursing home" means a
skilled nursing or intermediate long term care facility

that is subject to license by the Illinois Department of
Public Health under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the
ID/DD Community Care Act, or the MC/DD Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 or the offense of driving
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination
thereof under Section 11-501 of the Illinois Vehicle Code
or a similar provision of a local ordinance and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;

(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed Forces
of the United States, including a member of any reserve
component thereof or National Guard unit called to active
duty;
(23) the defendant committed the offense against a
person who was elderly or infirm or who was a person with a
disability by taking advantage of a family or fiduciary
relationship with the elderly or infirm person or person
with a disability;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012 and possessed 100 or more images;
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation;
(26) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012 where a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,

masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any act
of sexual penetration or bound, fettered, or subject to
sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated
robbery against a person who was a veteran and the
defendant knew, or reasonably should have known, that the
person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit;
(28) the defendant committed the offense of assault,

aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that
the defendant knew or reasonably should have known was a
letter carrier or postal worker while that person was
performing his or her duties delivering mail for the United
States Postal Service; or
(29) the defendant committed the offense of criminal
sexual assault, aggravated criminal sexual assault,
criminal sexual abuse, or aggravated criminal sexual abuse
against a victim with an intellectual disability, and the
defendant holds a position of trust, authority, or
supervision in relation to the victim; or
(30) (29) the defendant committed the offense of
promoting juvenile prostitution, patronizing a prostitute,
or patronizing a minor engaged in prostitution and at the
time of the commission of the offense knew that the
prostitute or minor engaged in prostitution was in the
custody or guardianship of the Department of Children and
Family Services.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.

"Intellectual disability" means significantly subaverage
intellectual functioning which exists concurrently with
impairment in adaptive behavior.
"Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or greater
class felony, when such conviction has occurred within 10
years after the previous conviction, excluding time spent
in custody, and such charges are separately brought and
tried and arise out of different series of acts; or
(2) When a defendant is convicted of any felony and the
court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or

(iii) a person who had a physical disability at the
time of the offense or such person's property; or
(4) When a defendant is convicted of any felony and the
offense involved any of the following types of specific
misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or social
group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or

(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight attached
to it. For purposes of this paragraph, "laser sight" has
the meaning ascribed to it in Section 26-7 of the Criminal
Code of 2012; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged; or
(9) When a defendant commits any felony and the
defendant knowingly video or audio records the offense with
the intent to disseminate the recording.
(c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
(1) When a defendant is convicted of first degree

murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and the charges are separately
brought and tried and arise out of different series of
acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge of
the participation of the others in the crime, and the

commission of the crime was part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
of Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony violation
of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the
weapons enumerated in Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine

Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties is
killed or injured at the scene of the offense while
responding to the emergency caused by the commission of the
offense. In this paragraph, "emergency" means a situation
in which a person's life, health, or safety is in jeopardy;
and "emergency response officer" means a peace officer,
community policing volunteer, fireman, emergency medical
technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(8) When the defendant is convicted of attempted mob
action, solicitation to commit mob action, or conspiracy to
commit mob action under Section 8-1, 8-2, or 8-4 of the
Criminal Code of 2012, where the criminal object is a
violation of Section 25-1 of the Criminal Code of 2012, and
an electronic communication is used in the commission of
the offense. For the purposes of this paragraph (8),
"electronic communication" shall have the meaning provided
in Section 26.5-0.1 of the Criminal Code of 2012.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.

(e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the
time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385,
eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143,
eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16;
99-347, eff. 1-1-16; revised 10-19-15.)
(730 ILCS 5/5-5.5-5)
Sec. 5-5.5-5. Definition Definitions and rules of
construction. In this Article, "eligible : "Eligible offender"
means a person who has been convicted of a crime in this State
or of an offense in any other jurisdiction that does not
include any offense or attempted offense that would subject a
person to registration under the Sex Offender Registration Act,
the Arsonist Registration Act, or the Murderer and Violent
Offender Against Youth Registration Act. "Eligible offender"

does not include a person who has been convicted of arson,
aggravated arson, kidnapping, aggravated kidnaping, aggravated
driving under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof, or aggravated domestic battery.
(Source: P.A. 99-381, eff. 1-1-16; revised 10-19-15.)
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
(b) The period of supervision shall be reasonable under all
of the circumstances of the case, but may not be longer than 2
years, unless the defendant has failed to pay the assessment
required by Section 10.3 of the Cannabis Control Act, Section
411.2 of the Illinois Controlled Substances Act, or Section 80
of the Methamphetamine Control and Community Protection Act, in
which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no
less than 30 hours of community service and not more than 120
hours of community service, if community service is available
in the jurisdiction and is funded and approved by the county
board where the offense was committed, when the offense (1) was
related to or in furtherance of the criminal activities of an

organized gang or was motivated by the defendant's membership
in or allegiance to an organized gang; or (2) is a violation of
any Section of Article 24 of the Criminal Code of 1961 or the
Criminal Code of 2012 where a disposition of supervision is not
prohibited by Section 5-6-1 of this Code. The community service
shall include, but not be limited to, the cleanup and repair of
any damage caused by violation of Section 21-1.3 of the
Criminal Code of 1961 or the Criminal Code of 2012 and similar
damages to property located within the municipality or county
in which the violation occurred. Where possible and reasonable,
the community service should be performed in the offender's
neighborhood.
For the purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational

training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home; or
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is placed on supervision for a
crime of violence as defined in Section 2 of the Crime
Victims Compensation Act committed in a school, on the
real property comprising a school, or within 1,000 feet
of the real property comprising a school;
(9) make restitution or reparation in an amount not to
exceed actual loss or damage to property and pecuniary loss
or make restitution under Section 5-5-6 to a domestic
violence shelter. The court shall determine the amount and

conditions of payment;
(10) perform some reasonable public or community
service;
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986 or an order of protection
issued by the court of another state, tribe, or United
States territory. If the court has ordered the defendant to
make a report and appear in person under paragraph (1) of
this subsection, a copy of the order of protection shall be
transmitted to the person or agency so designated by the
court;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council Act
for any reasonable expenses incurred by the program on the
offender's case, not to exceed the maximum amount of the
fine authorized for the offense for which the defendant was
sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses under
the jurisdiction of the Department of Natural Resources, to
the fund established by the Department of Natural Resources
for the purchase of evidence for investigation purposes and

to conduct investigations as outlined in Section 805-105 of
the Department of Natural Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of person, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(17) refrain from operating any motor vehicle not
equipped with an ignition interlock device as defined in
Section 1-129.1 of the Illinois Vehicle Code; under this
condition the court may allow a defendant who is not
self-employed to operate a vehicle owned by the defendant's
employer that is not equipped with an ignition interlock
device in the course and scope of the defendant's

employment; and
(18) if placed on supervision for a sex offense as
defined in subsection (a-5) of Section 3-1-2 of this Code,
unless the offender is a parent or guardian of the person
under 18 years of age present in the home and no
non-familial minors are present, not participate in a
holiday event involving children under 18 years of age,
such as distributing candy or other items to children on
Halloween, wearing a Santa Claus costume on or preceding
Christmas, being employed as a department store Santa
Claus, or wearing an Easter Bunny costume on or preceding
Easter.
(c-5) If payment of restitution as ordered has not been
made, the victim shall file a petition notifying the sentencing
court, any other person to whom restitution is owed, and the
State's Attorney of the status of the ordered restitution
payments unpaid at least 90 days before the supervision
expiration date. If payment as ordered has not been made, the
court shall hold a review hearing prior to the expiration date,
unless the hearing is voluntarily waived by the defendant with
the knowledge that waiver may result in an extension of the
supervision period or in a revocation of supervision. If the
court does not extend supervision, it shall issue a judgment
for the unpaid restitution and direct the clerk of the circuit
court to file and enter the judgment in the judgment and lien
docket, without fee, unless it finds that the victim has

recovered a judgment against the defendant for the amount
covered by the restitution order. If the court issues a
judgment for the unpaid restitution, the court shall send to
the defendant at his or her last known address written
notification that a civil judgment has been issued for the
unpaid restitution.
(d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the
court determines that the defendant has successfully complied
with all of the conditions of supervision, the court shall
discharge the defendant and enter a judgment dismissing the
charges.
(f) Discharge and dismissal upon a successful conclusion of
a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction for
purposes of disqualification or disabilities imposed by law
upon conviction of a crime. Two years after the discharge and
dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708,
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or for a violation of
Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
or the Criminal Code of 2012, in which case it shall be 5 years
after discharge and dismissal, a person may have his record of
arrest sealed or expunged as may be provided by law. However,

any defendant placed on supervision before January 1, 1980, may
move for sealing or expungement of his arrest record, as
provided by law, at any time after discharge and dismissal
under this Section. A person placed on supervision for a sexual
offense committed against a minor as defined in clause
(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
for a violation of Section 11-501 of the Illinois Vehicle Code
or a similar provision of a local ordinance shall not have his
or her record of arrest sealed or expunged.
(g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall be ordered to pay the costs
incidental to such mandatory drug or alcohol testing, or both,
and costs incidental to such approved electronic monitoring in
accordance with the defendant's ability to pay those costs. The
county board with the concurrence of the Chief Judge of the
judicial circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, of all defendants placed on
supervision. The concurrence of the Chief Judge shall be in the
form of an administrative order. The fees shall be collected by
the clerk of the circuit court. The clerk of the circuit court
shall pay all moneys collected from these fees to the county

treasurer who shall use the moneys collected to defray the
costs of drug testing, alcohol testing, and electronic
monitoring. The county treasurer shall deposit the fees
collected in the county working cash fund under Section 6-27001
or Section 6-29002 of the Counties Code, as the case may be.
(h) A disposition of supervision is a final order for the
purposes of appeal.
(i) The court shall impose upon a defendant placed on
supervision after January 1, 1992 or to community service under
the supervision of a probation or court services department
after January 1, 2004, as a condition of supervision or
supervised community service, a fee of $50 for each month of
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
placed on supervision or supervised community service to pay
the fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State under
the Juvenile Court Act of 1987 while the minor is in placement.
The fee shall be imposed only upon a defendant who is actively
supervised by the probation and court services department. The
fee shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the probation
and court services fund pursuant to Section 15.1 of the
Probation and Probation Officers Act.
A circuit court may not impose a probation fee in excess of

$25 per month unless the circuit court has adopted, by
administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay.
Of the amount collected as a probation fee, not to exceed $5 of
that fee collected per month may be used to provide services to
crime victims and their families.
The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate compact,
shall be required to pay probation fees to the department
supervising the offender, based on the offender's ability to
pay.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed on

supervision for a misdemeanor in a county of 3,000,000 or more
inhabitants and who has not been previously convicted of a
misdemeanor or felony may as a condition of his or her
supervision be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program approved by the
court. The defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or high school equivalency
testing if a fee is charged for those courses or testing. The
court shall revoke the supervision of a person who wilfully
fails to comply with this subsection (k). The court shall
resentence the defendant upon revocation of supervision as
provided in Section 5-6-4. This subsection (k) does not apply
to a defendant who has a high school diploma or has
successfully passed high school equivalency testing. This
subsection (k) does not apply to a defendant who is determined
by the court to be developmentally disabled or otherwise
mentally incapable of completing the educational or vocational
program.
(l) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the

Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act or a
sentence of probation under Section 10 of the Cannabis Control
Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted,
to undergo treatment at a substance abuse program approved by
the court.
(m) The Secretary of State shall require anyone placed on
court supervision for a violation of Section 3-707 of the
Illinois Vehicle Code or a similar provision of a local
ordinance to give proof of his or her financial responsibility
as defined in Section 7-315 of the Illinois Vehicle Code. The
proof shall be maintained by the individual in a manner
satisfactory to the Secretary of State for a minimum period of
3 years after the date the proof is first filed. The proof
shall be limited to a single action per arrest and may not be
affected by any post-sentence disposition. The Secretary of
State shall suspend the driver's license of any person
determined by the Secretary to be in violation of this
subsection.
(n) Any offender placed on supervision for any offense that
the court or probation department has determined to be sexually

motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
(o) An offender placed on supervision for a sex offense as
defined in the Sex Offender Management Board Act shall refrain
from residing at the same address or in the same condominium
unit or apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has been
placed on supervision for a sex offense. The provisions of this
subsection (o) do not apply to a person convicted of a sex
offense who is placed in a Department of Corrections licensed
transitional housing facility for sex offenders.
(p) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012 shall
refrain from communicating with or contacting, by means of the
Internet, a person who is not related to the accused and whom
the accused reasonably believes to be under 18 years of age.
For purposes of this subsection (p), "Internet" has the meaning
ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
and a person is not related to the accused if the person is

not: (i) the spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin of
the accused; or (iv) a step-child or adopted child of the
accused.
(q) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
ordered by the court, refrain from communicating with or
contacting, by means of the Internet, a person who is related
to the accused and whom the accused reasonably believes to be
under 18 years of age. For purposes of this subsection (q),
"Internet" has the meaning ascribed to it in Section 16-0.1 of
the Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or sister of
the accused; (ii) a descendant of the accused; (iii) a first or
second cousin of the accused; or (iv) a step-child or adopted
child of the accused.
(r) An offender placed on supervision for an offense under
Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
11-21 of the Criminal Code of 1961 or the Criminal Code of
2012, or any attempt to commit any of these offenses, committed
on or after the effective date of this amendatory Act of the
95th General Assembly shall:

(i) not access or use a computer or any other device
with Internet capability without the prior written
approval of the court, except in connection with the
offender's employment or search for employment with the
prior approval of the court;
(ii) submit to periodic unannounced examinations of
the offender's computer or any other device with Internet
capability by the offender's probation officer, a law
enforcement officer, or assigned computer or information
technology specialist, including the retrieval and copying
of all data from the computer or device and any internal or
external peripherals and removal of such information,
equipment, or device to conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a computer or
any other device with Internet capability imposed by the
court.
(s) An offender placed on supervision for an offense that
is a sex offense as defined in Section 2 of the Sex Offender
Registration Act that is committed on or after January 1, 2010
(the effective date of Public Act 96-362) that requires the
person to register as a sex offender under that Act, may not

knowingly use any computer scrub software on any computer that
the sex offender uses.
(t) An offender placed on supervision for a sex offense as
defined in the Sex Offender Registration Act committed on or
after January 1, 2010 (the effective date of Public Act 96-262)
shall refrain from accessing or using a social networking
website as defined in Section 17-0.5 of the Criminal Code of
2012.
(u) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers of
jurisdiction are also authorized in the same manner. The court
to which jurisdiction has been transferred shall have the same
powers as the sentencing court. The probation department within
the circuit to which jurisdiction has been transferred may
impose probation fees upon receiving the transferred offender,
as provided in subsection (i). The probation department from
the original sentencing court shall retain all probation fees
collected prior to the transfer.
(Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff.
1-1-15; 98-940, eff. 1-1-15; revised 10-1-14.)
Section 565. The Code of Civil Procedure is amended by
changing Sections 2-1401, 3-102, and 12-654 as follows:

(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
Sec. 2-1401. Relief from judgments.
(a) Relief from final orders and judgments, after 30 days
from the entry thereof, may be had upon petition as provided in
this Section. Writs of error coram nobis and coram vobis, bills
of review and bills in the nature of bills of review are
abolished. All relief heretofore obtainable and the grounds for
such relief heretofore available, whether by any of the
foregoing remedies or otherwise, shall be available in every
case, by proceedings hereunder, regardless of the nature of the
order or judgment from which relief is sought or of the
proceedings in which it was entered. Except as provided in the
Illinois Parentage Act of 2015, there shall be no distinction
between actions and other proceedings, statutory or otherwise,
as to availability of relief, grounds for relief or the relief
obtainable.
(b) The petition must be filed in the same proceeding in
which the order or judgment was entered but is not a
continuation thereof. The petition must be supported by
affidavit or other appropriate showing as to matters not of
record. All parties to the petition shall be notified as
provided by rule.
(b-5) A movant may present a meritorious claim under this
Section if the allegations in the petition establish each of
the following by a preponderance of the evidence:
(1) the movant was convicted of a forcible felony;

(2) the movant's participation in the offense was
related to him or her previously having been a victim of
domestic violence as perpetrated by an intimate partner;
(3) no evidence of domestic violence against the movant
was presented at the movant's sentencing hearing;
(4) the movant was unaware of the mitigating nature of
the evidence of the domestic violence at the time of
sentencing and could not have learned of its significance
sooner through diligence; and
(5) the new evidence of domestic violence against the
movant is material and noncumulative to other evidence
offered at the sentencing hearing, and is of such a
conclusive character that it would likely change the
sentence imposed by the original trial court.
Nothing in this subsection (b-5) shall prevent a movant
from applying for any other relief under this Section or any
other law otherwise available to him or her.
As used in this subsection (b-5):
"Domestic violence" means abuse as defined in Section
103 of the Illinois Domestic Violence Act of 1986.
"Forcible felony" has the meaning ascribed to the term
in Section 2-8 of the Criminal Code of 2012.
"Intimate partner" means a spouse or former spouse,
persons who have or allegedly have had a child in common,
or persons who have or have had a dating or engagement
relationship.

(c) Except as provided in Section 20b of the Adoption Act
and Section 2-32 of the Juvenile Court Act of 1987 or in a
petition based upon Section 116-3 of the Code of Criminal
Procedure of 1963, the petition must be filed not later than 2
years after the entry of the order or judgment. Time during
which the person seeking relief is under legal disability or
duress or the ground for relief is fraudulently concealed shall
be excluded in computing the period of 2 years.
(d) The filing of a petition under this Section does not
affect the order or judgment, or suspend its operation.
(e) Unless lack of jurisdiction affirmatively appears from
the record proper, the vacation or modification of an order or
judgment pursuant to the provisions of this Section does not
affect the right, title or interest in or to any real or
personal property of any person, not a party to the original
action, acquired for value after the entry of the order or
judgment but before the filing of the petition, nor affect any
right of any person not a party to the original action under
any certificate of sale issued before the filing of the
petition, pursuant to a sale based on the order or judgment.
(f) Nothing contained in this Section affects any existing
right to relief from a void order or judgment, or to employ any
existing method to procure that relief.
(Source: P.A. 99-85, eff. 1-1-16; 99-384, eff. 1-1-16; revised
10-19-15.)

(735 ILCS 5/3-102) (from Ch. 110, par. 3-102)
Sec. 3-102. Scope of Article. This Article III of this Act
shall apply to and govern every action to review judicially a
final decision of any administrative agency where the Act
creating or conferring power on such agency, by express
reference, adopts the provisions of this Article III of this
Act or its predecessor, the Administrative Review Act. This
Article shall be known as the "Administrative Review Law". In
all such cases, any other statutory, equitable or common law
mode of review of decisions of administrative agencies
heretofore available shall not hereafter be employed.
Unless review is sought of an administrative decision
within the time and in the manner herein provided, the parties
to the proceeding before the administrative agency shall be
barred from obtaining judicial review of such administrative
decision. In an action to review any final decision of any
administrative agency brought under this Article III, if a
judgment is reversed or entered against the plaintiff, or the
action is voluntarily dismissed by the plaintiff, or the action
is dismissed for want of prosecution, or the action is
dismissed by a United States District Court for lack of
jurisdiction, neither the plaintiff nor his or her heirs,
executors, or administrators may commence a new action within
one year or within the remaining period of limitation,
whichever is greater. All proceedings in the court for revision
of such final decision shall terminate upon the date of the

entry of any Order under either Section 2-1009 or Section
13-217. Such Order shall cause the final administrative
decision of any administrative agency to become immediately
enforceable. If under the terms of the Act governing the
procedure before an administrative agency an administrative
decision has become final because of the failure to file any
document in the nature of objections, protests, petition for
hearing or application for administrative review within the
time allowed by such Act, such decision shall not be subject to
judicial review hereunder excepting only for the purpose of
questioning the jurisdiction of the administrative agency over
the person or subject matter.
(Source: P.A. 88-1; revised 10-19-15.)
(735 ILCS 5/12-654) (from Ch. 110, par. 12-654)
Sec. 12-654. Stay.
(a) If the judgment debtor shows the circuit court that an
appeal from the foreign judgment is pending or will be taken,
or that a stay of execution has been granted, the court shall
stay enforcement of the foreign judgment until the appeal is
concluded, the time for appeal expires, or the stay of
execution expires or is vacated, upon proof that the judgment
debtor has furnished the security for the satisfaction of the
judgment required by the state in which it is was rendered.
(b) If the judgment debtor shows the circuit court any
ground upon which enforcement of a judgment of any circuit

court for any county of this State would be stayed, the court
shall stay enforcement of the foreign judgment for an
appropriate period, upon requiring the same security for
satisfaction of the judgment which is required in this State.
(Source: P.A. 87-358; 87-895; revised 10-19-15.)
Section 570. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 12 as follows:
(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
Sec. 12. (a) If the United States Secret Service or the
Department of State Police requests information from a mental
health or developmental disability facility, as defined in
Section 1-107 and 1-114 of the Mental Health and Developmental
Disabilities Code, relating to a specific recipient and the
facility director determines that disclosure of such
information may be necessary to protect the life of, or to
prevent the infliction of great bodily harm to, a public
official, or a person under the protection of the United States
Secret Service, only the following information may be
disclosed: the recipient's name, address, and age and the date
of any admission to or discharge from a facility; and any
information which would indicate whether or not the recipient
has a history of violence or presents a danger of violence to
the person under protection. Any information so disclosed shall

be used for investigative purposes only and shall not be
publicly disseminated. Any person participating in good faith
in the disclosure of such information in accordance with this
provision shall have immunity from any liability, civil,
criminal or otherwise, if such information is disclosed relying
upon the representation of an officer of the United States
Secret Service or the Department of State Police that a person
is under the protection of the United States Secret Service or
is a public official.
For the purpose of this subsection (a), the term "public
official" means the Governor, Lieutenant Governor, Attorney
General, Secretary of State, State Comptroller, State
Treasurer, member of the General Assembly, member of the United
States Congress, Judge of the United States as defined in 28
U.S.C. 451, Justice of the United States as defined in 28
U.S.C. 451, United States Magistrate Judge as defined in 28
U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
Supreme, Appellate, Circuit, or Associate Judge of the State of
Illinois. The term shall also include the spouse, child or
children of a public official.
(b) The Department of Human Services (acting as successor
to the Department of Mental Health and Developmental
Disabilities) and all public or private hospitals and mental
health facilities are required, as hereafter described in this
subsection, to furnish the Department of State Police only such
information as may be required for the sole purpose of

determining whether an individual who may be or may have been a
patient is disqualified because of that status from receiving
or retaining a Firearm Owner's Identification Card or falls
within the federal prohibitors under subsection (e), (f), (g),
(r), (s), or (t) of Section 8 of the Firearm Owners
Identification Card Act, or falls within the federal
prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
clinical psychologists, or qualified examiners at public or
private mental health facilities or parts thereof as defined in
this subsection shall, in the form and manner required by the
Department, provide notice directly to the Department of Human
Services, or to his or her employer who shall then report to
the Department, within 24 hours after determining that a person
poses a clear and present danger to himself, herself, or
others, or within 7 days after a person 14 years or older is
determined to be a person with a developmental disability by a
physician, clinical psychologist, or qualified examiner as
described in Section 1.1 of the Firearm Owners Identification
Card Act. If a person is a patient as described in clause (1)
of the definition of "patient" in Section 1.1 of the Firearm
Owners Identification Card Act, this information shall be
furnished within 7 days after admission to a public or private
hospital or mental health facility or the provision of
services. Any such information disclosed under this subsection
shall remain privileged and confidential, and shall not be
redisclosed, except as required by subsection (e) of Section

3.1 of the Firearm Owners Identification Card Act, nor utilized
for any other purpose. The method of requiring the providing of
such information shall guarantee that no information is
released beyond what is necessary for this purpose. In
addition, the information disclosed shall be provided by the
Department within the time period established by Section 24-3
of the Criminal Code of 2012 regarding the delivery of
firearms. The method used shall be sufficient to provide the
necessary information within the prescribed time period, which
may include periodically providing lists to the Department of
Human Services or any public or private hospital or mental
health facility of Firearm Owner's Identification Card
applicants on which the Department or hospital shall indicate
the identities of those individuals who are to its knowledge
disqualified from having a Firearm Owner's Identification Card
for reasons described herein. The Department may provide for a
centralized source of information for the State on this subject
under its jurisdiction. The identity of the person reporting
under this subsection shall not be disclosed to the subject of
the report. For the purposes of this subsection, the physician,
clinical psychologist, or qualified examiner making the
determination and his or her employer shall not be held
criminally, civilly, or professionally liable for making or not
making the notification required under this subsection, except
for willful or wanton misconduct.
Any person, institution, or agency, under this Act,

participating in good faith in the reporting or disclosure of
records and communications otherwise in accordance with this
provision or with rules, regulations or guidelines issued by
the Department shall have immunity from any liability, civil,
criminal or otherwise, that might result by reason of the
action. For the purpose of any proceeding, civil or criminal,
arising out of a report or disclosure in accordance with this
provision, the good faith of any person, institution, or agency
so reporting or disclosing shall be presumed. The full extent
of the immunity provided in this subsection (b) shall apply to
any person, institution or agency that fails to make a report
or disclosure in the good faith belief that the report or
disclosure would violate federal regulations governing the
confidentiality of alcohol and drug abuse patient records
implementing 42 U.S.C. 290dd-3 and 290ee-3.
For purposes of this subsection (b) only, the following
terms shall have the meaning prescribed:
(1) (Blank).
(1.3) "Clear and present danger" has the meaning as
defined in Section 1.1 of the Firearm Owners Identification
Card Act.
(1.5) "Person with a developmental disability" has the
meaning as defined in Section 1.1 of the Firearm Owners
Identification Card Act.
(2) "Patient" has the meaning as defined in Section 1.1
of the Firearm Owners Identification Card Act.

(3) "Mental health facility" has the meaning as defined
in Section 1.1 of the Firearm Owners Identification Card
Act.
(c) Upon the request of a peace officer who takes a person
into custody and transports such person to a mental health or
developmental disability facility pursuant to Section 3-606 or
4-404 of the Mental Health and Developmental Disabilities Code
or who transports a person from such facility, a facility
director shall furnish said peace officer the name, address,
age and name of the nearest relative of the person transported
to or from the mental health or developmental disability
facility. In no case shall the facility director disclose to
the peace officer any information relating to the diagnosis,
treatment or evaluation of the person's mental or physical
health.
For the purposes of this subsection (c), the terms "mental
health or developmental disability facility", "peace officer"
and "facility director" shall have the meanings ascribed to
them in the Mental Health and Developmental Disabilities Code.
(d) Upon the request of a peace officer or prosecuting
authority who is conducting a bona fide investigation of a
criminal offense, or attempting to apprehend a fugitive from
justice, a facility director may disclose whether a person is
present at the facility. Upon request of a peace officer or
prosecuting authority who has a valid forcible felony warrant
issued, a facility director shall disclose: (1) whether the

person who is the subject of the warrant is present at the
facility and (2) the date of that person's discharge or future
discharge from the facility. The requesting peace officer or
prosecuting authority must furnish a case number and the
purpose of the investigation or an outstanding arrest warrant
at the time of the request. Any person, institution, or agency
participating in good faith in disclosing such information in
accordance with this subsection (d) is immune from any
liability, civil, criminal or otherwise, that might result by
reason of the action.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
eff. 7-27-15; revised 10-22-15.)
Section 575. The Premises Liability Act is amended by
changing Section 4.1 as follows:
(740 ILCS 130/4.1)
Sec. 4.1. Off-road riding facilities; liability.
(a) As used in this Section, "off-road riding facility"
means:
(1) an area of land, consisting of a closed course,
designed for use of off-highway vehicles in events such as,
but not limited to, dirt track, short track, flat track,
speedway, drag racing, grand prix, hare scrambles, hill
climb, ice racing, observed trails, mud and snow scrambles,
tractor pulls, sled pulls, truck pulls, mud runs, or other

contests of a side-by-side nature in a sporting event for
practice, instruction, testing, or competition of
off-highway vehicles; or
(2) a thoroughfare or track across land or snow used
for off-highway motorcycles or all-terrain vehicles.
(b) An owner or operator of an off-road riding facility in
existence on January 1, 2002 is immune from any criminal
liability arising out of or as a consequence of noise or sound
emissions resulting from the use of the off-road riding
facility. An owner or operator of an a off-road riding facility
is not subject to any action for public or private nuisance or
trespass, and no court in this State may enjoin the use or
operation of an a off-road riding facility on the basis of
noise or sound emissions resulting from the use of the off-road
riding facility.
(c) An owner or operator of an a off-road riding facility
placed in operation after January 1, 2002 is immune from any
criminal liability and is not subject to any action for public
or private nuisance or trespass arising out of or as a
consequence of noise or sound emissions resulting from the use
of the off-road riding facility, if the off-road riding
facility conforms to any one of the following requirements:
(1) All areas from which an off-road vehicle may be
properly operated are at least 1,000 feet from any occupied
permanent dwelling on adjacent property at the time the
facility was placed into operation.

(2) The off-road riding facility is situated on land
otherwise subject to land use zoning, and the off-road
riding facility was not prohibited by the zoning authority
at the time the facility was placed into operation.
(3) The off-road riding facility is operated by a
governmental entity or the off-road riding facility was the
recipient of grants under the Recreational Trails of
Illinois Act.
(d) The civil immunity in subsection (c) does not apply if
there is willful or wanton misconduct outside the normal use of
the off-road riding facility.
(Source: P.A. 98-847, eff. 1-1-15; revised 10-19-15.)
Section 580. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 513 as follows:
(750 ILCS 5/513) (from Ch. 40, par. 513)
Sec. 513. Educational Expenses for a Non-minor Child.
(a) The court may award sums of money out of the property
and income of either or both parties or the estate of a
deceased parent, as equity may require, for the educational
expenses of any child of the parties. Unless otherwise agreed
to by the parties, all educational expenses which are the
subject of a petition brought pursuant to this Section shall be
incurred no later than the student's 23rd birthday, except for
good cause shown, but in no event later than the child's 25th

birthday.
(b) Regardless of whether an award has been made under
subsection (a), the court may require both parties and the
child to complete the Free Application for Federal Student Aid
(FAFSA) and other financial aid forms and to submit any form of
that type prior to the designated submission deadline for the
form. The court may require either or both parties to provide
funds for the child so as to pay for the cost of up to 5 college
applications, the cost of 2 standardized college entrance
examinations, and the cost of one standardized college entrance
examination preparatory course.
(c) The authority under this Section to make provision for
educational expenses extends not only to periods of college
education or vocational or professional or other training after
graduation from high school, but also to any period during
which the child of the parties is still attending high school,
even though he or she attained the age of 19.
(d) Educational expenses may include, but shall not be
limited to, the following:
(1) except for good cause shown, the actual cost of the
child's post-secondary expenses, including tuition and
fees, provided that the cost for tuition and fees does not
exceed the amount of tuition and fees paid by a student at
the University of Illinois at Urbana-Champaign for the same
academic year;
(2) except for good cause shown, the actual costs of

the child's housing expenses, whether on-campus or
off-campus, provided that the housing expenses do not
exceed the cost for the same academic year of a
double-occupancy student room, with a standard meal plan,
in a residence hall operated by the University of Illinois
at Urbana-Champaign;
(3) the actual costs of the child's medical expenses,
including medical insurance, and dental expenses;
(4) the reasonable living expenses of the child during
the academic year and periods of recess:
(A) if the child is a resident student attending a
post-secondary educational program; or
(B) if the child is living with one party at that
party's home and attending a post-secondary
educational program as a non-resident student, in
which case the living expenses include an amount that
pays for the reasonable cost of the child's food,
utilities, and transportation; and
(5) the cost of books and other supplies necessary to
attend college.
(e) Sums may be ordered payable to the child, to either
party, or to the educational institution, directly or through a
special account or trust created for that purpose, as the court
sees fit.
(f) If educational expenses are ordered payable, each party
and the child shall sign any consent necessary for the

educational institution to provide a supporting party with
access to the child's academic transcripts, records, and grade
reports. The consent shall not apply to any non-academic
records. Failure to execute the required consent may be a basis
for a modification or termination of any order entered under
this Section. Unless the court specifically finds that the
child's safety would be jeopardized, each party is entitled to
know the name of the educational institution the child attends.
(g) The authority under this Section to make provision for
educational expenses terminates when the child either: fails to
maintain a cumulative "C" grade point average, except in the
event of illness or other good cause shown; attains the age of
23; receives a baccalaureate degree; or marries. A child's
enlisting in the armed forces, being incarcerated, or becoming
pregnant does not terminate the court's authority to make
provisions for the educational expenses for the child under
this Section.
(h) An account established prior to the dissolution that is
to be used for the child's post-secondary education, that is an
account in a state tuition program under Section 529 of the
Internal Revenue Code, or that is some other college savings
plan, is to be considered by the court to be a resource of the
child, provided that any post-judgment contribution made by a
party to such an account is to be considered a contribution
from that party.
(i) The child is not a third party beneficiary to the

settlement agreement or judgment between the parties after
trial and is not entitled to file a petition for contribution.
If the parties' settlement agreement describes the manner in
which a child's educational expenses will be paid, or if the
court makes an award pursuant to this Section, then the parties
are responsible pursuant to that agreement or award for the
child's educational expenses, but in no event shall the court
consider the child a third party beneficiary of that provision.
In the event of the death or legal disability of a party who
would have the right to file a petition for contribution, the
child of the party may file a petition for contribution. a
person with a mental or physical disability a person with a
mental or physical disability
(j) In making awards under this Section, or pursuant to a
petition or motion to decrease, modify, or terminate any such
award, the court shall consider all relevant factors that
appear reasonable and necessary, including:
(1) The present and future financial resources of both
parties to meet their needs, including, but not limited to,
savings for retirement.
(2) The standard of living the child would have enjoyed
had the marriage not been dissolved.
(3) The financial resources of the child.
(4) The child's academic performance.
(k) The establishment of an obligation to pay under this
Section is retroactive only to the date of filing a petition.

The right to enforce a prior obligation to pay may be enforced
either before or after the obligation is incurred.
(Source: P.A. 99-90, eff. 1-1-16; 99-143, eff. 7-27-15; revised
10-22-15.)
Section 585. The Uniform Interstate Family Support Act is
amended by changing Section 102 as follows:
(750 ILCS 22/102) (was 750 ILCS 22/101)
Sec. 102. Definitions. In this Act:
(1) "Child" means an individual, whether over or under the
age of majority, who is or is alleged to be owed a duty of
support by the individual's parent or who is or is alleged to
be the beneficiary of a support order directed to the parent.
(2) "Child-support order" means a support order for a
child, including a child who has attained the age of majority
under the law of the issuing state or foreign country.
(3) "Convention" means the Convention on the International
Recovery of Child Support and Other Forms of Family
Maintenance, concluded at The Hague on November 23, 2007.
(4) "Duty of support" means an obligation imposed or
imposable by law to provide support for a child, spouse, or
former spouse including an unsatisfied obligation to provide
support.
(5) "Foreign country" means a country, including a
political subdivision thereof, other than the United States,

that authorizes the issuance of support orders and:
(A) which has been declared under the law of the United
States to be a foreign reciprocating country;
(B) which has established a reciprocal arrangement for
child support with this State as provided in Section 308;
(C) which has enacted a law or established procedures
for the issuance and enforcement of support orders which
are substantially similar to the procedures under this Act;
or
(D) in which the Convention is in force with respect to
the United States.
(6) "Foreign support order" means a support order of a
foreign tribunal.
(7) "Foreign tribunal" means a court, administrative
agency, or quasi-judicial entity of a foreign country which is
authorized to establish, enforce, or modify support orders or
to determine parentage of a child. The term includes a
competent authority under the Convention.
(8) "Home state" means the state or foreign country in
which a child lived with a parent or a person acting as parent
for at least 6 consecutive months immediately preceding the
time of filing of a petition or comparable pleading for
support, and if a child is less than 6 months old, the state or
foreign country in which the child lived from birth with any of
them. A period of temporary absence of any of them is counted
as part of the 6-month or other period.

(9) "Income" includes earnings or other periodic
entitlements to money from any source and any other property
subject to withholding for support under the law of this State.
(10) "Income-withholding order" means an order or other
legal process directed to an obligor's employer or other
debtor, as defined by the Income Withholding for Support Act,
2015, to withhold support from the income of the obligor.
(11) "Initiating tribunal" means the tribunal of a state or
foreign country from which a petition or comparable pleading is
forwarded or in which a petition or comparable pleading is
filed for forwarding to another state or foreign country.
(12) "Issuing foreign country" means the foreign country in
which a tribunal issues a support order or a judgment
determining parentage of a child.
(13) "Issuing state" means the state in which a tribunal
issues a support order or a judgment determining parentage of a
child.
(14) "Issuing tribunal" means the tribunal of a state or
foreign country that issues a support order or a judgment
determining parentage of a child.
(15) "Law" includes decisional and statutory law and rules
and regulations having the force of law.
(16) "Obligee" means:
(A) an individual to whom a duty of support is or is
alleged to be owed or in whose favor a support order or a
judgment determining parentage of a child has been issued;

(B) a foreign country, state, or political subdivision
of a state to which the rights under a duty of support or
support order have been assigned or which has independent
claims based on financial assistance provided to an
individual obligee in place of child support;
(C) an individual seeking a judgment determining
parentage of the individual's child; or
(D) a person that is a creditor in a proceeding under
Article 7.
(17) "Obligor" means an individual, or the estate of a
decedent that:
(A) owes or is alleged to owe a duty of support;
(B) is alleged but has not been adjudicated to be a
parent of a child;
(C) is liable under a support order; or
(D) is a debtor in a proceeding under Article 7.
(18) "Outside this State" means a location in another state
or a country other than the United States, whether or not the
country is a foreign country.
(19) "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.
(20) "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.
(21) "Register" means to record or file in a tribunal of
this State a support order or judgment determining parentage of
a child issued in another state or a foreign country.
(22) "Registering tribunal" means a tribunal in which a
support order or judgment determining parentage of a child is
registered.
(23) "Responding state" means a state in which a petition
or comparable pleading for support or to determine parentage of
a child is filed or to which a petition or comparable pleading
is forwarded for filing from another state or a foreign
country.
(24) "Responding tribunal" means the authorized tribunal
in a responding state or foreign country.
(25) "Spousal-support order" means a support order for a
spouse or former spouse of the obligor.
(26) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession under the
jurisdiction of the United States. The term includes an Indian
nation or tribe.
(27) "Support enforcement agency" means a public official,
governmental entity, or private agency authorized to:
(A) seek enforcement of support orders or laws relating
to the duty of support;
(B) seek establishment or modification of child

support;
(C) request determination of parentage of a child;
(D) attempt to locate obligors or their assets; or
(E) request determination of the controlling
child-support order.
(28) "Support order" means a judgment, decree, order,
decision, or directive, whether temporary, final, or subject to
modification, issued in a state or foreign country for the
benefit of a child, a spouse, or a former spouse, which
provides for monetary support, health care, arrearages,
retroactive support, or reimbursement for financial assistance
provided to an individual obligee in place of child support.
The term may include related costs and fees, interest, income
withholding, automatic adjustment, reasonable attorney's fees,
and other relief.
(29) "Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or
modify support orders or to determine parentage of a child.
(Source: P.A. 99-78, eff. 7-20-15; 99-85, eff. 1-1-16; 99-119,
eff. 1-1-16; revised 10-22-15.)
Section 590. The Adoption Act is amended by changing
Sections 1 and 18.06 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the

context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption where
either or both of the adopting parents stands in any of the
following relationships to the child by blood, marriage,
adoption, or civil union: parent, grand-parent,
great-grandparent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, first cousin, or second cousin. A
person is related to the child as a first cousin or second
cousin if they are both related to the same ancestor as either
grandchild or great-grandchild. A child whose parent has
executed a consent to adoption, a surrender, or a waiver
pursuant to Section 10 of this Act or whose parent has signed a
denial of paternity pursuant to Section 12 of the Vital Records
Act or Section 12a of this Act, or whose parent has had his or
her parental rights terminated, is not a related child to that
person, unless (1) the consent is determined to be void or is
void pursuant to subsection O of Section 10 of this Act; or (2)
the parent of the child executed a consent to adoption by a
specified person or persons pursuant to subsection A-1 of
Section 10 of this Act and a court of competent jurisdiction
finds that such consent is void; or (3) the order terminating
the parental rights of the parent is vacated by a court of
competent jurisdiction.

C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following,
except that a person shall not be considered an unfit person
for the sole reason that the person has relinquished a child in
accordance with the Abandoned Newborn Infant Protection Act:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a hospital.
(a-2) Abandonment of a newborn infant in any setting
where the evidence suggests that the parent intended to
relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's
welfare.
(c) Desertion of the child for more than 3 months next
preceding the commencement of the Adoption proceeding.
(d) Substantial neglect of the child if continuous or
repeated.
(d-1) Substantial neglect, if continuous or repeated,
of any child residing in the household which resulted in
the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) There is a rebuttable presumption, which can be

overcome only by clear and convincing evidence, that a
parent is unfit if:
(1) Two or more findings of physical abuse have
been entered regarding any children under Section 2-21
of the Juvenile Court Act of 1987, the most recent of
which was determined by the juvenile court hearing the
matter to be supported by clear and convincing
evidence; or
(2) The parent has been convicted or found not
guilty by reason of insanity and the conviction or
finding resulted from the death of any child by
physical abuse; or
(3) There is a finding of physical child abuse
resulting from the death of any child under Section
2-21 of the Juvenile Court Act of 1987.
No conviction or finding of delinquency pursuant
to Article V of the Juvenile Court Act of 1987 shall be
considered a criminal conviction for the purpose of
applying any presumption under this item (f).
(g) Failure to protect the child from conditions within
his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the child;
provided that in making a finding of unfitness the court
hearing the adoption proceeding shall not be bound by any
previous finding, order or judgment affecting or
determining the rights of the parents toward the child

sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity. Conviction of any one of the following
crimes shall create a presumption that a parent is depraved
which can be overcome only by clear and convincing
evidence: (1) first degree murder in violation of paragraph
1 or 2 of subsection (a) of Section 9-1 of the Criminal
Code of 1961 or the Criminal Code of 2012 or conviction of
second degree murder in violation of subsection (a) of
Section 9-2 of the Criminal Code of 1961 or the Criminal
Code of 2012 of a parent of the child to be adopted; (2)
first degree murder or second degree murder of any child in
violation of the Criminal Code of 1961 or the Criminal Code
of 2012; (3) attempt or conspiracy to commit first degree
murder or second degree murder of any child in violation of
the Criminal Code of 1961 or the Criminal Code of 2012; (4)
solicitation to commit murder of any child, solicitation to
commit murder of any child for hire, or solicitation to
commit second degree murder of any child in violation of
the Criminal Code of 1961 or the Criminal Code of 2012; (5)
predatory criminal sexual assault of a child in violation
of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961
or the Criminal Code of 2012; (6) heinous battery of any
child in violation of the Criminal Code of 1961; or (7)

aggravated battery of any child in violation of the
Criminal Code of 1961 or the Criminal Code of 2012.
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of at
least 3 felonies under the laws of this State or any other
state, or under federal law, or the criminal laws of any
United States territory; and at least one of these
convictions took place within 5 years of the filing of the
petition or motion seeking termination of parental rights.
There is a rebuttable presumption that a parent is
depraved if that parent has been criminally convicted of
either first or second degree murder of any person as
defined in the Criminal Code of 1961 or the Criminal Code
of 2012 within 10 years of the filing date of the petition
or motion to terminate parental rights.
No conviction or finding of delinquency pursuant to
Article 5 of the Juvenile Court Act of 1987 shall be
considered a criminal conviction for the purpose of
applying any presumption under this item (i).
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs, other
than those prescribed by a physician, for at least one year
immediately prior to the commencement of the unfitness
proceeding.
There is a rebuttable presumption that a parent is

unfit under this subsection with respect to any child to
which that parent gives birth where there is a confirmed
test result that at birth the child's blood, urine, or
meconium contained any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act or metabolites of such
substances, the presence of which in the newborn infant was
not the result of medical treatment administered to the
mother or the newborn infant; and the biological mother of
this child is the biological mother of at least one other
child who was adjudicated a neglected minor under
subsection (c) of Section 2-3 of the Juvenile Court Act of
1987.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of a
new born child during the first 30 days after its birth.
(m) Failure by a parent (i) to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent during any 9-month
period following the adjudication of neglected or abused
minor under Section 2-3 of the Juvenile Court Act of 1987
or dependent minor under Section 2-4 of that Act, or (ii)
to make reasonable progress toward the return of the child
to the parent during any 9-month period following the
adjudication of neglected or abused minor under Section 2-3
of the Juvenile Court Act of 1987 or dependent minor under

Section 2-4 of that Act. If a service plan has been
established as required under Section 8.2 of the Abused and
Neglected Child Reporting Act to correct the conditions
that were the basis for the removal of the child from the
parent and if those services were available, then, for
purposes of this Act, "failure to make reasonable progress
toward the return of the child to the parent" includes the
parent's failure to substantially fulfill his or her
obligations under the service plan and correct the
conditions that brought the child into care during any
9-month period following the adjudication under Section
2-3 or 2-4 of the Juvenile Court Act of 1987.
Notwithstanding any other provision, when a petition or
motion seeks to terminate parental rights on the basis of
item (ii) of this subsection (m), the petitioner shall file
with the court and serve on the parties a pleading that
specifies the 9-month period or periods relied on. The
pleading shall be filed and served on the parties no later
than 3 weeks before the date set by the court for closure
of discovery, and the allegations in the pleading shall be
treated as incorporated into the petition or motion.
Failure of a respondent to file a written denial of the
allegations in the pleading shall not be treated as an
admission that the allegations are true.
(m-1) Pursuant to the Juvenile Court Act of 1987, a
child has been in foster care for 15 months out of any 22

month period which begins on or after the effective date of
this amendatory Act of 1998 unless the child's parent can
prove by a preponderance of the evidence that it is more
likely than not that it will be in the best interests of
the child to be returned to the parent within 6 months of
the date on which a petition for termination of parental
rights is filed under the Juvenile Court Act of 1987. The
15 month time limit is tolled during any period for which
there is a court finding that the appointed custodian or
guardian failed to make reasonable efforts to reunify the
child with his or her family, provided that (i) the finding
of no reasonable efforts is made within 60 days of the
period when reasonable efforts were not made or (ii) the
parent filed a motion requesting a finding of no reasonable
efforts within 60 days of the period when reasonable
efforts were not made. For purposes of this subdivision
(m-1), the date of entering foster care is the earlier of:
(i) the date of a judicial finding at an adjudicatory
hearing that the child is an abused, neglected, or
dependent minor; or (ii) 60 days after the date on which
the child is removed from his or her parent, guardian, or
legal custodian.
(n) Evidence of intent to forgo his or her parental
rights, whether or not the child is a ward of the court,
(1) as manifested by his or her failure for a period of 12
months: (i) to visit the child, (ii) to communicate with

the child or agency, although able to do so and not
prevented from doing so by an agency or by court order, or
(iii) to maintain contact with or plan for the future of
the child, although physically able to do so, or (2) as
manifested by the father's failure, where he and the mother
of the child were unmarried to each other at the time of
the child's birth, (i) to commence legal proceedings to
establish his paternity under the Illinois Parentage Act of
1984, the Illinois Parentage Act of 2015, or the law of the
jurisdiction of the child's birth within 30 days of being
informed, pursuant to Section 12a of this Act, that he is
the father or the likely father of the child or, after
being so informed where the child is not yet born, within
30 days of the child's birth, or (ii) to make a good faith
effort to pay a reasonable amount of the expenses related
to the birth of the child and to provide a reasonable
amount for the financial support of the child, the court to
consider in its determination all relevant circumstances,
including the financial condition of both parents;
provided that the ground for termination provided in this
subparagraph (n)(2)(ii) shall only be available where the
petition is brought by the mother or the husband of the
mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern does
not constitute reasonable contact and planning under

subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall not
preclude a determination that the parent has intended to
forgo his or her parental rights. In making this
determination, the court may consider but shall not require
a showing of diligent efforts by an authorized agency to
encourage the parent to perform the acts specified in
subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by a
preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental responsibilities
supported by competent evidence from a psychiatrist,
licensed clinical social worker, or clinical psychologist
of mental impairment, mental illness or an intellectual
disability as defined in Section 1-116 of the Mental Health

and Developmental Disabilities Code, or developmental
disability as defined in Section 1-106 of that Code, and
there is sufficient justification to believe that the
inability to discharge parental responsibilities shall
extend beyond a reasonable time period. However, this
subdivision (p) shall not be construed so as to permit a
licensed clinical social worker to conduct any medical
diagnosis to determine mental illness or mental
impairment.
(q) (Blank).
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of
criminal conviction at the time the petition or motion for
termination of parental rights is filed, prior to
incarceration the parent had little or no contact with the
child or provided little or no support for the child, and
the parent's incarceration will prevent the parent from
discharging his or her parental responsibilities for the
child for a period in excess of 2 years after the filing of
the petition or motion for termination of parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a

result of criminal convictions, and the parent's repeated
incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
(t) A finding that at birth the child's blood, urine,
or meconium contained any amount of a controlled substance
as defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act, or a metabolite of a controlled
substance, with the exception of controlled substances or
metabolites of such substances, the presence of which in
the newborn infant was the result of medical treatment
administered to the mother or the newborn infant, and that
the biological mother of this child is the biological
mother of at least one other child who was adjudicated a
neglected minor under subsection (c) of Section 2-3 of the
Juvenile Court Act of 1987, after which the biological
mother had the opportunity to enroll in and participate in
a clinically appropriate substance abuse counseling,
treatment, and rehabilitation program.
E. "Parent" means a person who is the legal mother or legal
father of the child as defined in subsection X or Y of this
Section. For the purpose of this Act, a parent who has executed
a consent to adoption, a surrender, or a waiver pursuant to
Section 10 of this Act, who has signed a Denial of Paternity
pursuant to Section 12 of the Vital Records Act or Section 12a
of this Act, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of the

consent, surrender, waiver, or denial unless (1) the consent is
void pursuant to subsection O of Section 10 of this Act; or (2)
the person executed a consent to adoption by a specified person
or persons pursuant to subsection A-1 of Section 10 of this Act
and a court of competent jurisdiction finds that the consent is
void; or (3) the order terminating the parental rights of the
person is vacated by a court of competent jurisdiction.
F. A person is available for adoption when the person is:
(a) a child who has been surrendered for adoption to an
agency and to whose adoption the agency has thereafter
consented;
(b) a child to whose adoption a person authorized by
law, other than his parents, has consented, or to whose
adoption no consent is required pursuant to Section 8 of
this Act;
(c) a child who is in the custody of persons who intend
to adopt him through placement made by his parents;
(c-1) a child for whom a parent has signed a specific
consent pursuant to subsection O of Section 10;
(d) an adult who meets the conditions set forth in
Section 3 of this Act; or
(e) a child who has been relinquished as defined in
Section 10 of the Abandoned Newborn Infant Protection Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.

G. The singular includes the plural and the plural includes
the singular and the "male" includes the "female", as the
context of this Act may require.
H. (Blank).
I. "Habitual residence" has the meaning ascribed to it in
the federal Intercountry Adoption Act of 2000 and regulations
promulgated thereunder.
J. "Immediate relatives" means the biological parents, the
parents of the biological parents and siblings of the
biological parents.
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted by
persons who are habitual residents of the United States, or the
child is a habitual resident of the United States who is
adopted by persons who are habitual residents of a country
other than the United States.
L. (Blank).
M. "Interstate Compact on the Placement of Children" is a
law enacted by all states and certain territories for the
purpose of establishing uniform procedures for handling the
interstate placement of children in foster homes, adoptive
homes, or other child care facilities.
N. (Blank).
O. "Preadoption requirements" means any conditions or
standards established by the laws or administrative rules of
this State that must be met by a prospective adoptive parent

prior to the placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon the child physical injury, by other than
accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury to
the child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;
(c) commits or allows to be committed any sex offense
against the child, as sex offenses are defined in the
Criminal Code of 2012 and extending those definitions of
sex offenses to include children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or other
person responsible for the child's welfare withholds or denies
nourishment or medically indicated treatment including food or
care denied solely on the basis of the present or anticipated

mental or physical impairment as determined by a physician
acting alone or in consultation with other physicians or
otherwise does not provide the proper or necessary support,
education as required by law, or medical or other remedial care
recognized under State law as necessary for a child's
well-being, or other care necessary for his or her well-being,
including adequate food, clothing and shelter; or who is
abandoned by his or her parents or other person responsible for
the child's welfare.
A child shall not be considered neglected or abused for the
sole reason that the child's parent or other person responsible
for his or her welfare depends upon spiritual means through
prayer alone for the treatment or cure of disease or remedial
care as provided under Section 4 of the Abused and Neglected
Child Reporting Act. A child shall not be considered neglected
or abused for the sole reason that the child's parent or other
person responsible for the child's welfare failed to vaccinate,
delayed vaccination, or refused vaccination for the child due
to a waiver on religious or medical grounds as permitted by
law.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on or
before the date that the child was or is to be born and (2) has
not established paternity of the child in a court proceeding
before the filing of a petition for the adoption of the child.
The term includes a male who is less than 18 years of age.

"Putative father" does not mean a man who is the child's father
as a result of criminal sexual abuse or assault as defined
under Article 11 of the Criminal Code of 2012.
S. "Standby adoption" means an adoption in which a parent
consents to custody and termination of parental rights to
become effective upon the occurrence of a future event, which
is either the death of the parent or the request of the parent
for the entry of a final judgment of adoption.
T. (Blank).
T-5. "Biological parent", "birth parent", or "natural
parent" of a child are interchangeable terms that mean a person
who is biologically or genetically related to that child as a
parent.
U. "Interstate adoption" means the placement of a minor
child with a prospective adoptive parent for the purpose of
pursuing an adoption for that child that is subject to the
provisions of the Interstate Compact on Placement of Children.
V. (Blank).
W. (Blank).
X. "Legal father" of a child means a man who is recognized
as or presumed to be that child's father:
(1) because of his marriage to or civil union with the
child's parent at the time of the child's birth or within
300 days prior to that child's birth, unless he signed a
denial of paternity pursuant to Section 12 of the Vital
Records Act or a waiver pursuant to Section 10 of this Act;

or
(2) because his paternity of the child has been
established pursuant to the Illinois Parentage Act, the
Illinois Parentage Act of 1984, or the Gestational
Surrogacy Act; or
(3) because he is listed as the child's father or
parent on the child's birth certificate, unless he is
otherwise determined by an administrative or judicial
proceeding not to be the parent of the child or unless he
rescinds his acknowledgment of paternity pursuant to the
Illinois Parentage Act of 1984; or
(4) because his paternity or adoption of the child has
been established by a court of competent jurisdiction.
The definition in this subsection X shall not be construed
to provide greater or lesser rights as to the number of parents
who can be named on a final judgment order of adoption or
Illinois birth certificate that otherwise exist under Illinois
law.
Y. "Legal mother" of a child means a woman who is
recognized as or presumed to be that child's mother:
(1) because she gave birth to the child except as
provided in the Gestational Surrogacy Act; or
(2) because her maternity of the child has been
established pursuant to the Illinois Parentage Act of 1984
or the Gestational Surrogacy Act; or
(3) because her maternity or adoption of the child has

been established by a court of competent jurisdiction; or
(4) because of her marriage to or civil union with the
child's other parent at the time of the child's birth or
within 300 days prior to the time of birth; or
(5) because she is listed as the child's mother or
parent on the child's birth certificate unless she is
otherwise determined by an administrative or judicial
proceeding not to be the parent of the child.
The definition in this subsection Y shall not be construed
to provide greater or lesser rights as to the number of parents
who can be named on a final judgment order of adoption or
Illinois birth certificate that otherwise exist under Illinois
law.
Z. "Department" means the Illinois Department of Children
and Family Services.
AA. "Placement disruption" means a circumstance where the
child is removed from an adoptive placement before the adoption
is finalized.
BB. "Secondary placement" means a placement, including but
not limited to the placement of a ward of the Department, that
occurs after a placement disruption or an adoption dissolution.
"Secondary placement" does not mean secondary placements
arising due to the death of the adoptive parent of the child.
CC. "Adoption dissolution" means a circumstance where the
child is removed from an adoptive placement after the adoption
is finalized.

DD. "Unregulated placement" means the secondary placement
of a child that occurs without the oversight of the courts, the
Department, or a licensed child welfare agency.
EE. "Post-placement and post-adoption support services"
means support services for placed or adopted children and
families that include, but are not limited to, counseling for
emotional, behavioral, or developmental needs.
(Source: P.A. 98-455, eff. 1-1-14; 98-532, eff. 1-1-14; 98-804,
eff. 1-1-15; 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; revised
8-4-15.)
(750 ILCS 50/18.06)
Sec. 18.06. Definitions. When used in Sections 18.05
through Section 18.6, for the purposes of the Registry:
"Adopted person" means a person who was adopted pursuant to
the laws in effect at the time of the adoption.
"Adoptive parent" means a person who has become a parent
through the legal process of adoption.
"Adult child" means the biological child 21 years of age or
over of a deceased adopted or surrendered person.
"Adult grandchild" means the biological grandchild 21
years of age or over of a deceased adopted or surrendered
person.
"Adult adopted or surrendered person" means an adopted or
surrendered person 21 years of age or over.
"Agency" means a public child welfare agency or a licensed

child welfare agency.
"Birth aunt" means the adult full or half sister of a
deceased birth parent.
"Birth father" means the biological father of an adopted or
surrendered person who is named on the original certificate of
live birth or on a consent or surrender document, or a
biological father whose paternity has been established by a
judgment or order of the court, pursuant to the Illinois
Parentage Act of 1984 or the Illinois Parentage Act of 2015.
"Birth grandparent" means the biological parent of: (i) a
non-surrendered person who is a deceased birth mother; or (ii)
a non-surrendered person who is a deceased birth father.
"Birth mother" means the biological mother of an adopted or
surrendered person.
"Birth parent" means a birth mother or birth father of an
adopted or surrendered person.
"Birth Parent Preference Form" means the form prepared by
the Department of Public Health pursuant to Section 18.2
completed by a birth parent registrant and filed with the
Registry that indicates the birth parent's preferences
regarding contact and, if applicable, the release of his or her
identifying information on the non-certified copy of the
original birth certificate released to an adult adopted or
surrendered person or to the surviving adult child or surviving
spouse of a deceased adopted or surrendered person who has
filed a Request for a Non-Certified Copy of an Original Birth

Certificate.
"Birth relative" means a birth mother, birth father, birth
grandparent, birth sibling, birth aunt, or birth uncle.
"Birth sibling" means the adult full or half sibling of an
adopted or surrendered person.
"Birth uncle" means the adult full or half brother of a
deceased birth parent.
"Confidential intermediary" means an individual certified
by the Department of Children and Family Services pursuant to
Section 18.3a(e).
"Denial of Information Exchange" means an affidavit
completed by a registrant with the Illinois Adoption Registry
and Medical Information Exchange denying the release of
identifying information which has been filed with the Registry.
"Information Exchange Authorization" means an affidavit
completed by a registrant with the Illinois Adoption Registry
and Medical Information Exchange authorizing the release of
identifying information which has been filed with the Registry.
"Medical Information Exchange Questionnaire" means the
medical history questionnaire completed by a registrant of the
Illinois Adoption Registry and Medical Information Exchange.
"Non-certified Copy of the Original Birth Certificate"
means a non-certified copy of the original certificate of live
birth of an adult adopted or surrendered person who was born in
Illinois.
"Proof of death" means a death certificate.

"Registrant" or "Registered Party" means a birth parent,
birth grandparent, birth sibling, birth aunt, birth uncle,
adopted or surrendered person 21 years of age or over, adoptive
parent or legal guardian of an adopted or surrendered person
under the age of 21, or adoptive parent, surviving spouse, or
adult child of a deceased adopted or surrendered person who has
filed an Illinois Adoption Registry Application or
Registration Identification Form with the Registry.
"Registry" means the Illinois Adoption Registry and
Medical Information Exchange.
"Request for a Non-Certified Copy of an Original Birth
Certificate" means an affidavit completed by an adult adopted
or surrendered person or by the surviving adult child or
surviving spouse of a deceased adopted or surrendered person
and filed with the Registry requesting a non-certified copy of
an adult adopted or surrendered person's original certificate
of live birth in Illinois.
"Surrendered person" means a person whose parents' rights
have been surrendered or terminated but who has not been
adopted.
"Surviving spouse" means the wife or husband, 21 years of
age or older, of a deceased adopted or surrendered person who
would be 21 years of age or older if still alive and who has one
or more surviving biological children who are under the age of
21.
"18.3 statement" means a statement regarding the

disclosure of identifying information signed by a birth parent
under Section 18.3 of this Act as it existed immediately prior
to May 21, 2010 (the effective date of Public Act 96-895) this
amendatory Act of the 96th General Assembly.
(Source: P.A. 98-704, eff. 1-1-15; 99-85, eff. 1-1-16; 99-345,
eff. 1-1-16; revised 10-22-15.)
Section 595. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 214 and 227 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.
(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 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 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; revised
10-19-15.)
(750 ILCS 60/227) (from Ch. 40, par. 2312-27)
Sec. 227. Privileged communications between domestic
violence counselors and victims.
(a) As used in this Section:
(1) "Domestic violence program" means any unit of local
government, organization, or association whose major
purpose is to provide one or more of the following:
information, crisis intervention, emergency shelter,
referral, counseling, advocacy, or emotional support to
victims of domestic violence.
(2) "Domestic violence advocate or counselor" means
any person (A) who has undergone a minimum of forty hours
of training in domestic violence advocacy, crisis
intervention, and related areas, and (B) who provides
services to victims through a domestic violence program
either on an employed or volunteer basis.
(3) "Confidential communication" means any
communication between an alleged victim of domestic
violence and a domestic violence advocate or counselor in
the course of providing information, counseling, or
advocacy. The term includes all records kept by the
advocate or counselor or by the domestic violence program
in the course of providing services to an alleged victim

concerning the alleged victim and the services provided.
The confidential nature of the communication is not waived
by the presence at the time of the communication of any
additional persons, including but not limited to an
interpreter, to further express the interests of the
domestic violence victim or by the advocate's or
counselor's disclosure to such an additional person with
the consent of the victim when reasonably necessary to
accomplish the purpose for which the advocate or counselor
is consulted.
(4) "Domestic violence victim" means any person who
consults a domestic violence counselor for the purpose of
securing advice, counseling or assistance related to one or
more alleged incidents of domestic violence.
(5) "Domestic violence" means abuse as defined in this
Act the Illinois Domestic Violence Act.
(b) No domestic violence advocate or counselor shall
disclose any confidential communication or be examined as a
witness in any civil or criminal case or proceeding or in any
legislative or administrative proceeding without the written
consent of the domestic violence victim except (1) in
accordance with the provisions of the Abused and Neglected
Child Reporting Act or (2) in cases where failure to disclose
is likely to result in an imminent risk of serious bodily harm
or death of the victim or another person.
(c) A domestic violence advocate or counselor who knowingly

discloses any confidential communication in violation of this
Act commits a Class A misdemeanor.
(d) When a domestic violence victim is deceased or has been
adjudged incompetent by a court of competent jurisdiction, the
guardian of the domestic violence victim or the executor or
administrator of the estate of the domestic violence victim may
waive the privilege established by this Section, except where
the guardian, executor or administrator of the estate has been
charged with a violent crime against the domestic violence
victim or has had an Order of Protection entered against him or
her at the request of or on behalf of the domestic violence
victim or otherwise has an interest adverse to that of the
domestic violence victim with respect to the waiver of the
privilege. In that case, the court shall appoint an attorney
for the estate of the domestic violence victim.
(e) A minor may knowingly waive the privilege established
by this Section. Where a minor is, in the opinion of the court,
incapable of knowingly waiving the privilege, the parent or
guardian of the minor may waive the privilege on behalf of the
minor, except where such parent or guardian has been charged
with a violent crime against the minor or has had an Order of
Protection entered against him or her on request of or on
behalf of the minor or otherwise has any interest adverse to
that of the minor with respect to the waiver of the privilege.
In that case, the court shall appoint an attorney for the minor
child who shall be compensated in accordance with Section 506

of the Illinois Marriage and Dissolution of Marriage Act.
(f) Nothing in this Section shall be construed to limit in
any way any privilege that might otherwise exist under statute
or common law.
(g) The assertion of any privilege under this Section shall
not result in an inference unfavorable to the State's cause or
to the cause of the domestic violence victim.
(Source: P.A. 87-1186; revised 10-20-15.)
Section 600. The Probate Act of 1975 is amended by changing
Sections 11a-4, 11a-10, and 11a-18 as follows:
(755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)
Sec. 11a-4. Temporary guardian.
(a) Prior to the appointment of a guardian under this
Article, pending an appeal in relation to the appointment, or
pending the completion of a citation proceeding brought
pursuant to Section 23-3 of this Act, or upon a guardian's
death, incapacity, or resignation, the court may appoint a
temporary guardian upon a showing of the necessity therefor for
the immediate welfare and protection of the alleged person with
a disability or his or her estate on such notice and subject to
such conditions as the court may prescribe. In determining the
necessity for temporary guardianship, the immediate welfare
and protection of the alleged person with a disability and his
or her estate shall be of paramount concern, and the interests

of the petitioner, any care provider, or any other party shall
not outweigh the interests of the alleged person with a
disability. The temporary guardian shall have the limited
powers and duties of a guardian of the person or of the estate
which are specifically enumerated by court order. The court
order shall state the actual harm identified by the court that
necessitates temporary guardianship or any extension thereof.
(b) The temporary guardianship shall expire within 60 days
after the appointment or whenever a guardian is regularly
appointed, whichever occurs first. No extension shall be
granted except:
(1) In a case where there has been an adjudication of
disability, an extension shall be granted:
(i) pending the disposition on appeal of an
adjudication of disability;
(ii) pending the completion of a citation
proceeding brought pursuant to Section 23-3;
(iii) pending the appointment of a successor
guardian in a case where the former guardian has
resigned, has become incapacitated, or is deceased; or
(iv) where the guardian's powers have been
suspended pursuant to a court order.
(2) In a case where there has not been an adjudication
of disability, an extension shall be granted pending the
disposition of a petition brought pursuant to Section 11a-8
so long as the court finds it is in the best interest of

the alleged person with a disability to extend the
temporary guardianship so as to protect the alleged person
with a disability from any potential abuse, neglect,
self-neglect, exploitation, or other harm and such
extension lasts no more than 120 days from the date the
temporary guardian was originally appointed.
The ward shall have the right any time after the
appointment of a temporary guardian is made to petition the
court to revoke the appointment of the temporary guardian.
(Source: P.A. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15; revised
10-21-15.)
(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
Sec. 11a-10. Procedures preliminary to hearing.
(a) Upon the filing of a petition pursuant to Section
11a-8, the court shall set a date and place for hearing to take
place within 30 days. The court shall appoint a guardian ad
litem to report to the court concerning the respondent's best
interests consistent with the provisions of this Section,
except that the appointment of a guardian ad litem shall not be
required when the court determines that such appointment is not
necessary for the protection of the respondent or a reasonably
informed decision on the petition. If the guardian ad litem is
not a licensed attorney, he or she shall be qualified, by
training or experience, to work with or advocate for persons
with developmental disabilities, the mentally ill, persons

with physical disabilities, the elderly, or persons with a
disability due to mental deterioration, depending on the type
of disability that is alleged in the petition. The court may
allow the guardian ad litem reasonable compensation. The
guardian ad litem may consult with a person who by training or
experience is qualified to work with persons with a
developmental disability, persons with mental illness, persons
with physical disabilities, or persons with a disability due to
mental deterioration, depending on the type of disability that
is alleged. The guardian ad litem shall personally observe the
respondent prior to the hearing and shall inform him orally and
in writing of the contents of the petition and of his rights
under Section 11a-11. The guardian ad litem shall also attempt
to elicit the respondent's position concerning the
adjudication of disability, the proposed guardian, a proposed
change in residential placement, changes in care that might
result from the guardianship, and other areas of inquiry deemed
appropriate by the court. Notwithstanding any provision in the
Mental Health and Developmental Disabilities Confidentiality
Act or any other law, a guardian ad litem shall have the right
to inspect and copy any medical or mental health record of the
respondent which the guardian ad litem deems necessary,
provided that the information so disclosed shall not be
utilized for any other purpose nor be redisclosed except in
connection with the proceedings. At or before the hearing, the
guardian ad litem shall file a written report detailing his or

her observations of the respondent, the responses of the
respondent to any of the inquiries inquires detailed in this
Section, the opinion of the guardian ad litem or other
professionals with whom the guardian ad litem consulted
concerning the appropriateness of guardianship, and any other
material issue discovered by the guardian ad litem. The
guardian ad litem shall appear at the hearing and testify as to
any issues presented in his or her report.
(b) The court (1) may appoint counsel for the respondent,
if the court finds that the interests of the respondent will be
best served by the appointment, and (2) shall appoint counsel
upon respondent's request or if the respondent takes a position
adverse to that of the guardian ad litem. The respondent shall
be permitted to obtain the appointment of counsel either at the
hearing or by any written or oral request communicated to the
court prior to the hearing. The summons shall inform the
respondent of this right to obtain appointed counsel. The court
may allow counsel for the respondent reasonable compensation.
(c) If the respondent is unable to pay the fee of the
guardian ad litem or appointed counsel, or both, the court may
enter an order for the petitioner to pay all such fees or such
amounts as the respondent or the respondent's estate may be
unable to pay. However, in cases where the Office of State
Guardian is the petitioner, consistent with Section 30 of the
Guardianship and Advocacy Act, where the public guardian is the
petitioner, consistent with Section 13-5 of this Act the

Probate Act of 1975, where an adult protective services agency
is the petitioner, pursuant to Section 9 of the Adult
Protective Services Act, or where the Department of Children
and Family Services is the petitioner under subparagraph (d) of
subsection (1) of Section 2-27 of the Juvenile Court Act of
1987, no guardian ad litem or legal fees shall be assessed
against the Office of State Guardian, the public guardian, the
adult protective services agency, or the Department of Children
and Family Services.
(d) The hearing may be held at such convenient place as the
court directs, including at a facility in which the respondent
resides.
(e) Unless he is the petitioner, the respondent shall be
personally served with a copy of the petition and a summons not
less than 14 days before the hearing. The summons shall be
printed in large, bold type and shall include the following
notice:
NOTICE OF RIGHTS OF RESPONDENT
You have been named as a respondent in a guardianship
petition asking that you be declared a person with a
disability. If the court grants the petition, a guardian will
be appointed for you. A copy of the guardianship petition is
attached for your convenience.
The date and time of the hearing are:
The place where the hearing will occur is:
The Judge's name and phone number is:

If a guardian is appointed for you, the guardian may be
given the right to make all important personal decisions for
you, such as where you may live, what medical treatment you may
receive, what places you may visit, and who may visit you. A
guardian may also be given the right to control and manage your
money and other property, including your home, if you own one.
You may lose the right to make these decisions for yourself.
You have the following legal rights:
(1) You have the right to be present at the court
hearing.
(2) You have the right to be represented by a lawyer,
either one that you retain, or one appointed by the Judge.
(3) You have the right to ask for a jury of six persons
to hear your case.
(4) You have the right to present evidence to the court
and to confront and cross-examine witnesses.
(5) You have the right to ask the Judge to appoint an
independent expert to examine you and give an opinion about
your need for a guardian.
(6) You have the right to ask that the court hearing be
closed to the public.
(7) You have the right to tell the court whom you
prefer to have for your guardian.
You do not have to attend the court hearing if you do not
want to be there. If you do not attend, the Judge may appoint a
guardian if the Judge finds that a guardian would be of benefit

to you. The hearing will not be postponed or canceled if you do
not attend.
IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER
PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
TELL THE JUDGE.
Service of summons and the petition may be made by a
private person 18 years of age or over who is not a party to the
action.
(f) Notice of the time and place of the hearing shall be
given by the petitioner by mail or in person to those persons,
including the proposed guardian, whose names and addresses
appear in the petition and who do not waive notice, not less
than 14 days before the hearing.
(Source: P.A. 98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756,
eff. 7-16-14; 99-143, eff. 7-27-15; revised 10-19-15.)
(755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
Sec. 11a-18. Duties of the estate guardian.
(a) To the extent specified in the order establishing the
guardianship, the guardian of the estate shall have the care,
management and investment of the estate, shall manage the
estate frugally and shall apply the income and principal of the
estate so far as necessary for the comfort and suitable support

and education of the ward, his minor and adult dependent
children, and persons related by blood or marriage who are
dependent upon or entitled to support from him, or for any
other purpose which the court deems to be for the best
interests of the ward, and the court may approve the making on
behalf of the ward of such agreements as the court determines
to be for the ward's best interests. The guardian may make
disbursement of his ward's funds and estate directly to the
ward or other distributee or in such other manner and in such
amounts as the court directs. If the estate of a ward is
derived in whole or in part from payments of compensation,
adjusted compensation, pension, insurance or other similar
benefits made directly to the estate by the Veterans
Administration, notice of the application for leave to invest
or expend the ward's funds or estate, together with a copy of
the petition and proposed order, shall be given to the
Veterans' Administration Regional Office in this State at least
7 days before the hearing on the application.
(a-5) The probate court, upon petition of a guardian, other
than the guardian of a minor, and after notice to all other
persons interested as the court directs, may authorize the
guardian to exercise any or all powers over the estate and
business affairs of the ward that the ward could exercise if
present and not under disability. The court may authorize the
taking of an action or the application of funds not required
for the ward's current and future maintenance and support in

any manner approved by the court as being in keeping with the
ward's wishes so far as they can be ascertained. The court must
consider the permanence of the ward's disabling condition and
the natural objects of the ward's bounty. In ascertaining and
carrying out the ward's wishes the court may consider, but
shall not be limited to, minimization of State or federal
income, estate, or inheritance taxes; and providing gifts to
charities, relatives, and friends that would be likely
recipients of donations from the ward. The ward's wishes as
best they can be ascertained shall be carried out, whether or
not tax savings are involved. Actions or applications of funds
may include, but shall not be limited to, the following:
(1) making gifts of income or principal, or both, of
the estate, either outright or in trust;
(2) conveying, releasing, or disclaiming his or her
contingent and expectant interests in property, including
marital property rights and any right of survivorship
incident to joint tenancy or tenancy by the entirety;
(3) releasing or disclaiming his or her powers as
trustee, personal representative, custodian for minors, or
guardian;
(4) exercising, releasing, or disclaiming his or her
powers as donee of a power of appointment;
(5) entering into contracts;
(6) creating for the benefit of the ward or others,
revocable or irrevocable trusts of his or her property that

may extend beyond his or her disability or life;
(7) exercising options of the ward to purchase or
exchange securities or other property;
(8) exercising the rights of the ward to elect benefit
or payment options, to terminate, to change beneficiaries
or ownership, to assign rights, to borrow, or to receive
cash value in return for a surrender of rights under any
one or more of the following:
(i) life insurance policies, plans, or benefits,
(ii) annuity policies, plans, or benefits,
(iii) mutual fund and other dividend investment
plans,
(iv) retirement, profit sharing, and employee
welfare plans and benefits;
(9) exercising his or her right to claim or disclaim an
elective share in the estate of his or her deceased spouse
and to renounce any interest by testate or intestate
succession or by inter vivos transfer;
(10) changing the ward's residence or domicile; or
(11) modifying by means of codicil or trust amendment
the terms of the ward's will or any revocable trust created
by the ward, as the court may consider advisable in light
of changes in applicable tax laws.
The guardian in his or her petition shall briefly outline
the action or application of funds for which he or she seeks
approval, the results expected to be accomplished thereby, and

the tax savings, if any, expected to accrue. The proposed
action or application of funds may include gifts of the ward's
personal property or real estate, but transfers of real estate
shall be subject to the requirements of Section 20 of this Act.
Gifts may be for the benefit of prospective legatees, devisees,
or heirs apparent of the ward or may be made to individuals or
charities in which the ward is believed to have an interest.
The guardian shall also indicate in the petition that any
planned disposition is consistent with the intentions of the
ward insofar as they can be ascertained, and if the ward's
intentions cannot be ascertained, the ward will be presumed to
favor reduction in the incidents of various forms of taxation
and the partial distribution of his or her estate as provided
in this subsection. The guardian shall not, however, be
required to include as a beneficiary or fiduciary any person
who he has reason to believe would be excluded by the ward. A
guardian shall be required to investigate and pursue a ward's
eligibility for governmental benefits.
(b) Upon the direction of the court which issued his
letters, a guardian may perform the contracts of his ward which
were legally subsisting at the time of the commencement of the
ward's disability. The court may authorize the guardian to
execute and deliver any bill of sale, deed or other instrument.
(c) The guardian of the estate of a ward shall appear for
and represent the ward in all legal proceedings unless another
person is appointed for that purpose as guardian or next

friend. This does not impair the power of any court to appoint
a guardian ad litem or next friend to defend the interests of
the ward in that court, or to appoint or allow any person as
the next friend of a ward to commence, prosecute or defend any
proceeding in his behalf. Without impairing the power of the
court in any respect, if the guardian of the estate of a ward
and another person as next friend shall appear for and
represent the ward in a legal proceeding in which the
compensation of the attorney or attorneys representing the
guardian and next friend is solely determined under a
contingent fee arrangement, the guardian of the estate of the
ward shall not participate in or have any duty to review the
prosecution of the action, to participate in or review the
appropriateness of any settlement of the action, or to
participate in or review any determination of the
appropriateness of any fees awarded to the attorney or
attorneys employed in the prosecution of the action.
(d) Adjudication of disability shall not revoke or
otherwise terminate a trust which is revocable by the ward. A
guardian of the estate shall have no authority to revoke a
trust that is revocable by the ward, except that the court may
authorize a guardian to revoke a Totten trust or similar
deposit or withdrawable capital account in trust to the extent
necessary to provide funds for the purposes specified in
paragraph (a) of this Section. If the trustee of any trust for
the benefit of the ward has discretionary power to apply income

or principal for the ward's benefit, the trustee shall not be
required to distribute any of the income or principal to the
guardian of the ward's estate, but the guardian may bring an
action on behalf of the ward to compel the trustee to exercise
the trustee's discretion or to seek relief from an abuse of
discretion. This paragraph shall not limit the right of a
guardian of the estate to receive accountings from the trustee
on behalf of the ward.
(d-5) Upon a verified petition by the plenary or limited
guardian of the estate or the request of the ward that is
accompanied by a current physician's report that states the
ward possesses testamentary capacity, the court may enter an
order authorizing the ward to execute a will or codicil. In so
ordering, the court shall authorize the guardian to retain
independent counsel for the ward with whom the ward may execute
or modify a will or codicil.
(e) Absent court order pursuant to the Illinois Power of
Attorney Act directing a guardian to exercise powers of the
principal under an agency that survives disability, the
guardian will have no power, duty or liability with respect to
any property subject to the agency. This subsection (e) applies
to all agencies, whenever and wherever executed.
(f) Upon petition by any interested person (including the
standby or short-term guardian), with such notice to interested
persons as the court directs and a finding by the court that it
is in the best interest of the person with a disability, the

court may terminate or limit the authority of a standby or
short-term guardian or may enter such other orders as the court
deems necessary to provide for the best interest of the person
with a disability. The petition for termination or limitation
of the authority of a standby or short-term guardian may, but
need not, be combined with a petition to have another guardian
appointed for the person with a disability.
(Source: P.A. 99-143, eff. 7-27-15; 99-302, eff. 1-1-16;
revised 10-21-15.)
Section 605. The Condominium Property Act is amended by
changing Section 18 as follows:
(765 ILCS 605/18) (from Ch. 30, par. 318)
(Text of Section before amendment by P.A. 99-472)
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 . 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 30 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 14 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) that meetings of the board of managers shall be open to
any unit owner, except for the portion of any meeting held (i)
to 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) to
consider information regarding appointment, employment or
dismissal of an employee, or (iii) to discuss violations of
rules and regulations of the association or a unit owner's
unpaid share of common expenses; that any vote on these matters
shall be taken at a meeting or portion thereof open to any unit
owner; that any unit owner may record the proceedings at
meetings or portions thereof required to be open by this Act by
tape, film or other means; that the board may prescribe
reasonable rules and regulations to govern the right to make
such recordings, that notice of such meetings shall be mailed
or delivered at least 48 hours prior thereto, unless a written
waiver of such notice is signed by the person or persons
entitled to such notice pursuant to the declaration, bylaws,
other condominium instrument, or provision of law other than
this subsection before the meeting is convened, and that copies
of notices of meetings 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;
(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 20 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; and
(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.
(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 14 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 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 contract contact shall be made available to the
association or its agents. For purposes of this subsection,
"installment contract" contact" shall have the same meaning as
set forth in Section 1 (e) of the Dwelling Unit Installment
Contract Act "An Act relating to installment contracts to sell
dwelling structures", approved August 11, 1967, as amended;
(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) this amendatory Act of 1985, 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) this amendatory Act of 1984.
(ii) With regard to any lease entered into subsequent to
July 1, 1990 (the effective date of Public Act 86-991) this
amendatory Act of 1989, 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. 98-1042, eff. 1-1-15; revised 10-19-15.)
(Text of Section after amendment by P.A. 99-472)
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 . 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 14 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 for the portion of any meeting
held to discuss or consider information relating to: (i)
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) appointment,
employment or dismissal of an employee, (iii) violations of
rules and regulations of the association, or (iv) a unit
owner's unpaid share of common expenses; that any vote on these
matters discussed or considered in closed session 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 20 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 this
amendatory Act of the 99th General Assembly 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 14 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 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 contract contact shall be made available to the
association or its agents. For purposes of this subsection,
"installment contract" contact" shall have the same meaning as
set forth in Section 1 (e) of the Dwelling Unit Installment
Contract Act "An Act relating to installment contracts to sell
dwelling structures", approved August 11, 1967, as amended;
(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) this amendatory Act of 1985, 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) this amendatory Act of 1984.
(ii) With regard to any lease entered into subsequent to
July 1, 1990 (the effective date of Public Act 86-991) this
amendatory Act of 1989, 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. 98-1042, eff. 1-1-15; 99-472, eff. 6-1-16;
revised 10-19-15.)
Section 610. The Illinois Human Rights Act is amended by
changing Sections 2-104, 3-102, 3-105, 8-101, and 9-102 as
follows:
(775 ILCS 5/2-104) (from Ch. 68, par. 2-104)
Sec. 2-104. Exemptions.
(A) Nothing contained in this Act shall prohibit an
employer, employment agency, or labor organization from:

(1) Bona Fide Qualification. Hiring or selecting
between persons for bona fide occupational qualifications
or any reason except those civil-rights violations
specifically identified in this Article.
(2) Veterans. Giving preferential treatment to
veterans and their relatives as required by the laws or
regulations of the United States or this State or a unit of
local government, or pursuant to a private employer's
voluntary veterans' preference employment policy
authorized by the Veterans Preference in Private
Employment Act.
(3) Unfavorable Discharge From Military Service.
(a) Using unfavorable discharge from military
service as a valid employment criterion when
authorized by federal law or regulation or when a
position of employment involves the exercise of
fiduciary responsibilities as defined by rules and
regulations which the Department shall adopt; or
(b) Participating in a bona fide recruiting
incentive program, sponsored by a branch of the United
States Armed Forces, a reserve component of the United
States Armed Forces, or any National Guard or Naval
Militia, where participation in the program is limited
by the sponsoring branch based upon the service
member's discharge status.
(4) Ability Tests. Giving or acting upon the results of

any professionally developed ability test provided that
such test, its administration, or action upon the results,
is not used as a subterfuge for or does not have the effect
of unlawful discrimination.
(5) Merit and Retirement Systems.
(a) Applying different standards of compensation,
or different terms, conditions or privileges of
employment pursuant to a merit or retirement system
provided that such system or its administration is not
used as a subterfuge for or does not have the effect of
unlawful discrimination.
(b) Effecting compulsory retirement of any
employee who has attained 65 years of age and who, for
the 2-year period immediately preceding retirement, is
employed in a bona fide executive or a high
policymaking position, if such employee is entitled to
an immediate nonforfeitable annual retirement benefit
from a pension, profit-sharing, savings, or deferred
compensation plan, or any combination of such plans of
the employer of such employee, which equals, in the
aggregate, at least $44,000. If any such retirement
benefit is in a form other than a straight life annuity
(with no ancillary benefits) or if the employees
contribute to any such plan or make rollover
contributions, the retirement benefit shall be
adjusted in accordance with regulations prescribed by

the Department, so that the benefit is the equivalent
of a straight life annuity (with no ancillary benefits)
under a plan to which employees do not contribute and
under which no rollover contributions are made.
(c) Until January 1, 1994, effecting compulsory
retirement of any employee who has attained 70 years of
age, and who is serving under a contract of unlimited
tenure (or similar arrangement providing for unlimited
tenure) at an institution of higher education as
defined by Section 1201(a) of the Higher Education Act
of 1965.
(6) Training and Apprenticeship programs. Establishing
an educational requirement as a prerequisite to selection
for a training or apprenticeship program, provided such
requirement does not operate to discriminate on the basis
of any prohibited classification except age.
(7) Police and Firefighter/Paramedic Retirement.
Imposing a mandatory retirement age for
firefighters/paramedics or law enforcement officers and
discharging or retiring such individuals pursuant to the
mandatory retirement age if such action is taken pursuant
to a bona fide retirement plan provided that the law
enforcement officer or firefighter/paramedic has attained:
(a) the age of retirement in effect under
applicable State or local law on March 3, 1983; or
(b) if the applicable State or local law was

enacted after the date of enactment of the federal Age
Discrimination in Employment Act Amendments of 1996
(P.L. 104-208), the age of retirement in effect on the
date of such discharge under such law.
This paragraph (7) shall not apply with respect to any
cause of action arising under the Illinois Human Rights Act
as in effect prior to the effective date of this amendatory
Act of 1997.
(8) Police and Firefighter/Paramedic Appointment.
Failing or refusing to hire any individual because of such
individual's age if such action is taken with respect to
the employment of an individual as a firefighter/paramedic
or as a law enforcement officer and the individual has
attained:
(a) the age of hiring or appointment in effect
under applicable State or local law on March 3, 1983;
or
(b) the age of hiring in effect on the date of such
failure or refusal to hire under applicable State or
local law enacted after the date of enactment of the
federal Age Discrimination in Employment Act
Amendments of 1996 (P.L. 104-208).
As used in paragraph (7) or (8):
"Firefighter/paramedic" means an employee, the duties
of whose position are primarily to perform work directly
connected with the control and extinguishment of fires or

the maintenance and use of firefighting apparatus and
equipment, or to provide emergency medical services,
including an employee engaged in this activity who is
transferred to a supervisory or administrative position.
"Law enforcement officer" means an employee, the
duties of whose position are primarily the investigation,
apprehension, or detention of individuals suspected or
convicted of criminal offenses, including an employee
engaged in this activity who is transferred to a
supervisory or administrative position.
(9) Citizenship Status. Making legitimate distinctions
based on citizenship status if specifically authorized or
required by State or federal law.
(B) With respect to any employee who is subject to a
collective bargaining agreement:
(a) which is in effect on June 30, 1986,
(b) which terminates after January 1, 1987,
(c) any provision of which was entered into by a labor
organization as defined by Section 6(d)(4) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and
(d) which contains any provision that would be
superseded by this amendatory Act of 1987 (Public Act
85-748),
Public Act 85-748 such amendatory Act of 1987 shall not apply
until the termination of such collective bargaining agreement
or January 1, 1990, whichever occurs first.

(C)(1) For purposes of this Act, the term "disability"
shall not include any employee or applicant who is currently
engaging in the illegal use of drugs, when an employer acts on
the basis of such use.
(2) Paragraph (1) shall not apply where an employee or
applicant for employment:
(a) has successfully completed a supervised drug
rehabilitation program and is no longer engaging in the
illegal use of drugs, or has otherwise been rehabilitated
successfully and is no longer engaging in such use;
(b) is participating in a supervised rehabilitation
program and is no longer engaging in such use; or
(c) is erroneously regarded as engaging in such use,
but is not engaging in such use.
It shall not be a violation of this Act for an employer to
adopt or administer reasonable policies or procedures,
including but not limited to drug testing, designed to ensure
that an individual described in subparagraph (a) or (b) is no
longer engaging in the illegal use of drugs.
(3) An employer:
(a) may prohibit the illegal use of drugs and the use
of alcohol at the workplace by all employees;
(b) may require that employees shall not be under the
influence of alcohol or be engaging in the illegal use of
drugs at the workplace;
(c) may require that employees behave in conformance

with the requirements established under the federal
Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and
the Drug Free Workplace Act;
(d) may hold an employee who engages in the illegal use
of drugs or who is an alcoholic to the same qualification
standards for employment or job performance and behavior
that such employer holds other employees, even if any
unsatisfactory performance or behavior is related to the
drug use or alcoholism of such employee; and
(e) may, with respect to federal regulations regarding
alcohol and the illegal use of drugs, require that:
(i) employees comply with the standards
established in such regulations of the United States
Department of Defense, if the employees of the employer
are employed in an industry subject to such
regulations, including complying with regulations (if
any) that apply to employment in sensitive positions in
such an industry, in the case of employees of the
employer who are employed in such positions (as defined
in the regulations of the Department of Defense);
(ii) employees comply with the standards
established in such regulations of the Nuclear
Regulatory Commission, if the employees of the
employer are employed in an industry subject to such
regulations, including complying with regulations (if
any) that apply to employment in sensitive positions in

such an industry, in the case of employees of the
employer who are employed in such positions (as defined
in the regulations of the Nuclear Regulatory
Commission); and
(iii) employees comply with the standards
established in such regulations of the United States
Department of Transportation, if the employees of the
employer are employed in a transportation industry
subject to such regulations, including complying with
such regulations (if any) that apply to employment in
sensitive positions in such an industry, in the case of
employees of the employer who are employed in such
positions (as defined in the regulations of the United
States Department of Transportation).
(4) For purposes of this Act, a test to determine the
illegal use of drugs shall not be considered a medical
examination. Nothing in this Act shall be construed to
encourage, prohibit, or authorize the conducting of drug
testing for the illegal use of drugs by job applicants or
employees or making employment decisions based on such test
results.
(5) Nothing in this Act shall be construed to encourage,
prohibit, restrict, or authorize the otherwise lawful exercise
by an employer subject to the jurisdiction of the United States
Department of Transportation of authority to:
(a) test employees of such employer in, and applicants

for, positions involving safety-sensitive duties for the
illegal use of drugs and for on-duty impairment by alcohol;
and
(b) remove such persons who test positive for illegal
use of drugs and on-duty impairment by alcohol pursuant to
subparagraph (a) from safety-sensitive duties in
implementing paragraph (3).
(Source: P.A. 99-152, eff. 1-1-16, 99-165, eff. 7-28-15;
revised 10-29-15.)
(775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
Sec. 3-102. Civil Rights Violations; Real Estate
Transactions. ) It is a civil rights violation for an owner or
any other person engaging in a real estate transaction, or for
a real estate broker or salesman, because of unlawful
discrimination or familial status, to
(A) Transaction. Refuse to engage in a real estate
transaction with a person or to discriminate in making
available such a transaction;
(B) Terms. Alter the terms, conditions or privileges of
a real estate transaction or in the furnishing of
facilities or services in connection therewith;
(C) Offer. Refuse to receive or to fail to transmit a
bona fide offer to engage in a real estate transaction from
a person;
(D) Negotiation. Refuse to negotiate for a real estate

transaction with a person;
(E) Representations. Represent to a person that real
property is not available for inspection, sale, rental, or
lease when in fact it is so available, or to fail to bring
a property listing to his or her attention, or to refuse to
permit him or her to inspect real property;
(F) Publication of Intent. Make, print, circulate,
post, mail, publish or cause to be made, printed,
circulated, posted, mailed, or published any notice,
statement, advertisement or sign, or use a form of
application for a real estate transaction, or make a record
or inquiry in connection with a prospective real estate
transaction, that indicates any preference, limitation, or
discrimination based on unlawful discrimination or
unlawful discrimination based on familial status, or an
intention to make any such preference, limitation, or
discrimination;
(G) Listings. Offer, solicit, accept, use or retain a
listing of real property with knowledge that unlawful
discrimination or discrimination on the basis of familial
status in a real estate transaction is intended.
(Source: P.A. 99-196, eff. 7-30-15; revised 10-20-15.)
(775 ILCS 5/3-105) (from Ch. 68, par. 3-105)
Sec. 3-105. Restrictive Covenants.)
(A) Agreements. Every provision in an oral agreement or a

written instrument relating to real property which purports to
forbid or restrict the conveyance, encumbrance, occupancy, or
lease thereof on the basis of race, color, religion, or
national origin is void.
(B) Limitations. (1) Every condition, restriction or
prohibition, including a right of entry or possibility of
reverter, which directly or indirectly limits the use or
occupancy of real property on the basis of race, color,
religion, or national origin is void.
(2) This Section shall not apply to a limitation of use on
the basis of religion of real property held by a religious
institution or organization or by a religious or charitable
organization operated, supervised, or controlled by a
religious institution or organization, and used for religious
or charitable purposes.
(C) Civil Rights Violations. It is a civil rights violation
to insert in a written instrument relating to real property a
provision that is void under this Section or to honor or
attempt to honor such a provision in the chain of title.
(Source: P.A. 81-1216; revised 10-21-15.)
(775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
Sec. 8-101. Illinois Human Rights Commission. )
(A) Creation; appointments. The Human Rights Commission is
created to consist of 13 members appointed by the Governor with
the advice and consent of the Senate. No more than 7 members

shall be of the same political party. The Governor shall
designate one member as chairperson. All appointments shall be
in writing and filed with the Secretary of State as a public
record.
(B) Terms. Of the members first appointed, 4 shall be
appointed for a term to expire on the third Monday of January,
1981, and 5 (including the Chairperson) shall be appointed for
a term to expire on the third Monday of January, 1983.
Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the Illinois
Human Rights Commission is abolished on July 29, 1985, but the
incumbent members shall continue to exercise all of the powers
and be subject to all of the duties of members of the
Commission until their respective successors are appointed and
qualified. Subject to the provisions of subsection (A), of the
9 members appointed under Public Act 84-115, effective July 29,
1985, 5 members shall be appointed for terms to expire on the
third Monday of January, 1987, and 4 members shall be appointed
for terms to expire on the third Monday of January, 1989; and
of the 4 additional members appointed under Public Act 84-1084,
effective December 2, 1985, two shall be appointed for a term
to expire on the third Monday of January, 1987, and two members
shall be appointed for a term to expire on the third Monday of
January, 1989.
Thereafter, each member shall serve for a term of 4 years
and until his or her successor is appointed and qualified;

except that any member chosen to fill a vacancy occurring
otherwise than by expiration of a term shall be appointed only
for the unexpired term of the member whom he or she shall
succeed and until his or her successor is appointed and
qualified.
(C) Vacancies.
(1) In the case of vacancies on the Commission during a
recess of the Senate, the Governor shall make a temporary
appointment until the next meeting of the Senate when he or
she shall appoint a person to fill the vacancy. Any person
so nominated and confirmed by the Senate shall hold office
for the remainder of the term and until his or her
successor is appointed and qualified.
(2) If the Senate is not in session at the time this
Act takes effect, the Governor shall make temporary
appointments to the Commission as in the case of vacancies.
(3) Vacancies in the Commission shall not impair the
right of the remaining members to exercise all the powers
of the Commission. Except when authorized by this Act to
proceed through a 3 member panel, a majority of the members
of the Commission then in office shall constitute a quorum.
(D) Compensation. The Chairperson of the Commission shall
be compensated at the rate of $22,500 per year, or as set by
the Compensation Review Board, whichever is greater, during his
or her service as Chairperson, and each other member shall be
compensated at the rate of $20,000 per year, or as set by the

Compensation Review Board, whichever is greater. In addition,
all members of the Commission shall be reimbursed for expenses
actually and necessarily incurred by them in the performance of
their duties.
(Source: P.A. 84-1308; revised 10-20-15.)
(775 ILCS 5/9-102) (from Ch. 68, par. 9-102)
Sec. 9-102. Pending Matters. )
(A) Charges; Complaints; Causes of Action. This Act shall
not affect or abate any cause of action, charge, complaint or
other matter pending before or accrued under the jurisdiction
of the Fair Employment Practices Commission or the Department
of Equal Employment Opportunity. Each charge, complaint, or
matter shall be assumed by the Department or Commission, as
provided in this Act, at the same stage, or a parallel stage,
of proceeding to which it had progressed prior to the effective
date of this Act.
(B) Special Cases. The Human Rights Act shall not in any
way affect or abate any right, claim or cause of action under
the "Equal Opportunities for the Handicapped Act", approved
August 23, 1971, as amended, which accrued or arose prior to
July 1, 1980.
(Source: P.A. 84-1084; revised 10-19-15.)
Section 615. The General Not For Profit Corporation Act of
1986 is amended by changing Section 113.50 as follows:

(805 ILCS 105/113.50) (from Ch. 32, par. 113.50)
Sec. 113.50. Grounds for revocation of authority.
(a) The authority of a foreign corporation to conduct
affairs in this State may be revoked by the Secretary of State:
(1) Upon the failure of an officer or director to whom
interrogatories have been propounded by the Secretary of
State, as provided in this Act, to answer the same fully
and to file such answer in the office of the Secretary of
State;
(2) If the authority of the corporation was procured
through fraud practiced upon the State;
(3) If the corporation has continued to exceed or abuse
the authority conferred upon it by this Act;
(4) Upon the failure of the corporation to keep on file
in the office of the Secretary of State duly authenticated
copies of each amendment to its articles of or
incorporation;
(5) Upon the failure of the corporation to appoint and
maintain a registered agent in this State;
(6) Upon the failure of the corporation to file any
report after the period prescribed by this Act for the
filing of such report;
(7) Upon the failure of the corporation to pay any fees
or charges prescribed by this Act;
(8) For misrepresentation of any material matter in any

application, report, affidavit, or other document filed by
such corporation pursuant to this Act;
(9) Upon the failure of the corporation to renew its
assumed name or to apply to change its assumed name
pursuant to the provisions of this Act, when the
corporation can only conduct affairs within this State
under its assumed name in accordance with the provisions of
Section 104.05 of this Act;
(10) Upon notification from the local liquor
commissioner, pursuant to Section 4-4(3) of the "The Liquor
Control Act of 1934," as now or hereafter amended, that a
foreign corporation functioning as a club in this State has
violated that Act by selling or offering for sale at retail
alcoholic liquors without a retailer's license; or
(11) When, in an action by the Attorney General, under
the provisions of the "Consumer Fraud and Deceptive
Business Practices Act, the Solicitation for Charity Act ",
or "An Act to regulate solicitation and collection of funds
for charitable purposes, providing for violations thereof,
and making an appropriation therefor", approved July 26,
1963, as amended, or the "Charitable Trust Act", a court
has found that the corporation substantially and willfully
violated any of such Acts.
(b) The enumeration of grounds for revocation in paragraphs
(1) through (11) of subsection (a) shall not preclude any
action by the Attorney General which is authorized by any other

statute of the State of Illinois or the common law.
(Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03; revised
10-20-15.)
Section 620. The High Risk Home Loan Act is amended by
changing Section 10 as follows:
(815 ILCS 137/10)
Sec. 10. Definitions. As used in this Act:
"Approved credit counselor" means a credit counselor
approved by the Director of Financial Institutions.
"Bona fide discount points" means loan discount points that
are knowingly paid by the consumer for the purpose of reducing,
and that in fact result in a bona fide reduction of, the
interest rate or time price differential applicable to the
mortgage.
"Borrower" means a natural person who seeks or obtains a
high risk home loan.
"Commissioner" means the Commissioner of the Office of
Banks and Real Estate.
"Department" means the Department of Financial
Institutions.
"Director" means the Director of Financial Institutions.
"Good faith" means honesty in fact in the conduct or
transaction concerned.
"High risk home loan" means a consumer credit transaction,

other than a reverse mortgage, that is secured by the
consumer's principal dwelling if: (i) at the time of
origination, the annual percentage rate exceeds by more than 6
percentage points in the case of a first lien mortgage, or by
more than 8 percentage points in the case of a junior mortgage,
the average prime offer rate, as defined in Section
129C(b)(2)(B) of the federal Truth in Lending Act, for a
comparable transaction as of the date on which the interest
rate for the transaction is set, or if the dwelling is personal
property, then as provided under 15 U.S.C. 1602(bb), as
amended, and any corresponding regulation, as amended, (ii) the
loan documents permit the creditor to charge or collect
prepayment fees or penalties more than 36 months after the
transaction closing or such fees exceed, in the aggregate, more
than 2% of the amount prepaid, or (iii) the total points and
fees payable in connection with the transaction, other than
bona fide third-party charges not retained by the mortgage
originator, creditor, or an affiliate of the mortgage
originator or creditor, will exceed (1) 5% of the total loan
amount in the case of a transaction for $20,000 (or such other
dollar amount as prescribed by federal regulation pursuant to
the federal Dodd-Frank Act) or more or (2) the lesser of 8% of
the total loan amount or $1,000 (or such other dollar amount as
prescribed by federal regulation pursuant to the federal
Dodd-Frank Act) in the case of a transaction for less than
$20,000 (or such other dollar amount as prescribed by federal

regulation pursuant to the federal Dodd-Frank Act), except
that, with respect to all transactions, bona fide loan discount
points may be excluded as provided for in Section 35 of this
Act. "High risk home loan" does not include a loan that is made
primarily for a business purpose unrelated to the residential
real property securing the loan or a consumer credit
transaction made by a natural person who provides seller
financing secured by a principal residence no more than 3 times
in a 12-month period, provided such consumer credit transaction
is not made by a person that has constructed or acted as a
contractor for the construction of the residence in the
ordinary course of business of such person.
"Lender" means a natural or artificial person who
transfers, deals in, offers, or makes a high risk home loan.
"Lender" includes, but is not limited to, creditors and brokers
who transfer, deal in, offer, or make high risk home loans.
"Lender" does not include purchasers, assignees, or subsequent
holders of high risk home loans.
"Office" means the Office of Banks and Real Estate.
"Points and fees" means all items considered to be points
and fees under 12 CFR 226.32 (2000, or as initially amended
pursuant to Section 1431 of the federal Dodd-Frank Act with no
subsequent amendments or editions included, whichever is
later); compensation paid directly or indirectly by a consumer
or creditor to a mortgage broker from any source, including a
broker that originates a loan in its own name in a table-funded

transaction, not otherwise included in 12 CFR 226.4; the
maximum prepayment fees and penalties that may be charged or
collected under the terms of the credit transaction; all
prepayment fees or penalties that are incurred by the consumer
if the loan refinances a previous loan made or currently held
by the same creditor or an affiliate of the creditor; and
premiums or other charges payable at or before closing or
financed directly or indirectly into the loan for any credit
life, credit disability, credit unemployment, credit property,
other accident, loss of income, life, or health insurance or
payments directly or indirectly for any debt cancellation or
suspension agreement or contract, except that insurance
premiums or debt cancellation or suspension fees calculated and
paid in full on a monthly basis shall not be considered
financed by the creditor. "Points and fees" does not include
any insurance premium provided by an agency of the federal
government or an agency of a state; any insurance premium paid
by the consumer after closing; and any amount of a premium,
charge, or fee that is not in excess of the amount payable
under policies in effect at the time of origination under
Section 203(c)(2)(A) of the National Housing Act (12 U.S.C.
1709(c)(2)(A)), provided that the premium, charge, or fee is
required to be refundable on a pro-rated basis and the refund
is automatically issued upon notification of the satisfaction
of the underlying mortgage loan.
"Prepayment penalty" and "prepayment fees or penalties"

mean: (i) for a closed-end credit transaction, a charge imposed
for paying all or part of the transaction's principal before
the date on which the principal is due, other than a waived,
bona fide third-party charge that the creditor imposes if the
consumer prepays all of the transactions's principal sooner
than 36 months after consummation and (ii) for an open-end
credit plan, a charge imposed by the creditor if the consumer
terminates the open-end credit plan prior to the end of its
term, other than a waived, bona fide third-party charge that
the creditor imposes if the consumer terminates the open-end
credit plan sooner than 36 months after account opening.
"Reasonable" means fair, proper, just, or prudent under the
circumstances.
"Servicer" means any entity chartered under the Illinois
Banking Act, the Savings Bank Act, the Illinois Credit Union
Act, or the Illinois Savings and Loan Act of 1985 and any
person or entity licensed under the Residential Mortgage
License Act of 1987, the Consumer Installment Loan Act, or the
Sales Finance Agency Act who is responsible for the collection
or remittance for, or has the right or obligation to collect or
remit for, any lender, note owner, or note holder or for a
licensee's own account, of payments, interest, principal, and
trust items (such as hazard insurance and taxes on a
residential mortgage loan) in accordance with the terms of the
residential mortgage loan, including loan payment follow-up,
delinquency loan follow-up, loan analysis, and any

notifications to the borrower that are necessary to enable the
borrower to keep the loan current and in good standing.
"Total loan amount" has the same meaning as that term is
given in 12 CFR 226.32 and shall be calculated in accordance
with the Federal Reserve Board's Official Staff Commentary to
that regulation.
(Source: P.A. 99-150, eff. 7-28-15; 99-288, eff. 8-5-15;
revised 10-19-15.)
Section 625. The Motor Fuel Sales Act is amended by
changing Section 2 as follows:
(815 ILCS 365/2) (from Ch. 121 1/2, par. 1502)
Sec. 2. Assistance at stations with self-service and
full-service islands.
(a) Any attendant on duty at a gasoline station or service
station offering to the public retail sales of motor fuel at
both self-service and full-service islands shall, upon
request, dispense motor fuel for the driver of a car which is
parked at a self-service island and displays: (1) registration
plates issued to a person with a physical disability pursuant
to Section 3-616 of the Illinois Vehicle Code; (2) registration
plates issued to a veteran with a disability pursuant to
Section 3-609 or 3-609.01 of such Code; or (3) a special decal
or device issued pursuant to Section 11-1301.2 of such Code;
and shall only charge such driver prices as offered to the

general public for motor fuel dispensed at the self-service
island. However, such attendant shall not be required to
perform other services which are offered at the full-service
island.
(b) Gasoline stations and service stations in this State
are subject to the federal Americans with Disabilities Act and
must:
(1) provide refueling assistance upon the request of an
individual with a disability (A gasoline station or service
station is not required to provide such service at any time
that it is operating on a remote control basis with a
single employee on duty at the motor fuel site, but is
encouraged to do so, if feasible.);
(2) by January 1, 2014, provide and display at least
one ADA compliant motor fuel dispenser with a direct
telephone number to the station that allows an operator of
a motor vehicle who has a disability to request refueling
assistance, with the telephone number posted in close
proximity to the International Symbol of Accessibility
required by the federal Americans with Disabilities Act,
however, if the station does not have at least one ADA
compliant motor fuel dispenser, the station must display on
at least one motor fuel dispenser a direct telephone number
to the station that allows an operator of a motor vehicle
who has a disability to request refueling assistance; and
(3) provide the refueling assistance without any

charge beyond the self-serve price.
(c) The signage required under paragraph (2) of subsection
(b) shall be designated by the station owner and shall be
posted in a prominently visible place. The sign shall be
clearly visible to customers.
(d) The Secretary of State shall provide to persons with
disabilities information regarding the availability of
refueling assistance under this Section by the following
methods:
(1) by posting information about that availability on
the Secretary of State's Internet website, along with a
link to the Department of Human Services website; and
(2) by publishing a brochure containing information
about that availability, which shall be made available at
all Secretary of State offices throughout the State.
(d-5) On its Internet website, the Department of
Agriculture shall maintain a list of gasoline and service
stations that are required to report to the Department of
Agriculture's Bureau of Weights and Measures. The list shall
include the addresses and telephone numbers of the gasoline and
service stations. The Department of Agriculture shall provide
the Department of Human Services with a link to this website
information.
(e) The Department of Human Services shall post on its
Internet website information regarding the availability of
refueling assistance for persons with disabilities and the link

to the list of gasoline and service stations provided by the
Department of Agriculture.
(f) A person commits a Class C misdemeanor if he or she
telephones a gasoline station or service station to request
refueling assistance and he or she:
(1) is not actually physically present at the gasoline
or service station; or
(2) is physically present at the gasoline or service
station but does not actually require refueling
assistance.
(g) The Department of Transportation shall work in
cooperation with appropriate representatives of gasoline and
service station trade associations and the petroleum industry
to increase the signage at gasoline and service stations on
interstate highways in this State with regard to the
availability of refueling assistance for persons with
disabilities.
(h) If an owner of a gas station or service station is
found by the Illinois Department of Agriculture, Bureau of
Weights and Measures, to be in violation of this Act, the owner
shall pay an administrative fine of $250. Any moneys collected
by the Department shall be deposited into the Motor Fuel and
Petroleum Standards Fund. The Department of Agriculture shall
have the same authority and powers as provided for in the Motor
Fuel and Petroleum Standards Act in enforcing this Act.
(Source: P.A. 99-44, eff. 1-1-16; 99-143, eff. 7-27-15; revised

10-21-15.)
Section 630. The Used Lubricant Act is amended by changing
Section 2 as follows:
(815 ILCS 435/2) (from Ch. 96 1/2, par. 5802)
Sec. 2. Any person dealing in previously used or previously
used and reclaimed, re-refined, recleaned, or reconditioned
lubricating oils, lubricants or mixtures of lubricants without
having each and every container or item of equipment in or
through which any of such products are sold, kept for sale,
displayed or dispensed plainly labeled as required in this Act,
or advertising any of such products for sale without inserting
in such advertising a statement as required in this Act may
upon proper hearing be enjoined from selling any of such
products or offering, displaying or advertising any of the same
for sale. Action for such injunction may be brought in the
circuit court in the county in which the defendant resides, and
may be brought either by the Attorney General of this State
state or by the State's States Attorney in and for such county.
The authority granted by this Section shall be in addition to
and not in lieu of authority to prosecute criminally any person
for a violation of this Act. The granting or enforcing of any
injunction under this Act is a preventive measure for the
protection of the people of this State state, not a punitive
measure, and the fact that a person has been charged or

convicted of a violation of this Act shall not prevent the
ordering of an injunction to prevent further unlawful dealing
in previously used or previously used and reclaimed,
re-refined, recleaned or reconditioned lubricating oils,
lubricants or mixtures of lubricants, nor shall the fact that
an injunction has been granted under this Act preclude the
institution of criminal prosecution or punishment. Upon
promulgation of labeling standards applicable to recycled oil
by the Federal Trade Commission as prescribed pursuant to Title
V, Section 383 of the federal "Energy Policy and Conservation
Act (P.L. " (P.A. 94-163) the provisions of this Section shall
no longer be in effect.
(Source: P.A. 83-346; revised 10-21-15.)
Section 635. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Sections 2Z and 2MM as
follows:
(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
Sec. 2Z. Violations of other Acts. Any person who knowingly
violates the Automotive Repair Act, the Automotive Collision
Repair Act, the Home Repair and Remodeling Act, the Dance
Studio Act, the Physical Fitness Services Act, the Hearing
Instrument Consumer Protection Act, the Illinois Union Label
Act, the Job Referral and Job Listing Services Consumer
Protection Act, the Travel Promotion Consumer Protection Act,

the Credit Services Organizations Act, the Automatic Telephone
Dialers Act, the Pay-Per-Call Services Consumer Protection
Act, the Telephone Solicitations Act, the Illinois Funeral or
Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care
Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales
Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
Internet Caller Identification Act, paragraph (6) of
subsection (k) of Section 6-305 of the Illinois Vehicle Code,
Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
or 18d-153 of the Illinois Vehicle Code, Article 3 of the
Residential Real Property Disclosure Act, the Automatic
Contract Renewal Act, the Reverse Mortgage Act, Section 25 of
the Youth Mental Health Protection Act, or the Personal
Information 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; revised
10-21-15.)
(815 ILCS 505/2MM)
Sec. 2MM. Verification of accuracy of consumer reporting
information used to extend consumers credit and security freeze
on credit reports.
(a) A credit card issuer who mails an offer or solicitation

to apply for a credit card and who receives a completed
application in response to the offer or solicitation which
lists an address that is not substantially the same as the
address on the offer or solicitation may not issue a credit
card based on that application until reasonable steps have been
taken to verify the applicant's change of address.
(b) Any person who uses a consumer credit report in
connection with the approval of credit based on the application
for an extension of credit, and who has received notification
of a police report filed with a consumer reporting agency that
the applicant has been a victim of financial identity theft, as
defined in Section 16-30 or 16G-15 of the Criminal Code of 1961
or the Criminal Code of 2012, may not lend money or extend
credit without taking reasonable steps to verify the consumer's
identity and confirm that the application for an extension of
credit is not the result of financial identity theft.
(c) A consumer may request that a security freeze be placed
on his or her credit report by sending a request in writing by
certified mail to a consumer reporting agency at an address
designated by the consumer reporting agency to receive such
requests.
The following persons may request that a security freeze be
placed on the credit report of a person with a disability:
(1) a guardian of the person with a disability who that
is the subject of the request, appointed under Article XIa
of the Probate Act of 1975; and

(2) an agent of the person with a disability who that
is the subject of the request, under a written durable
power of attorney that complies with the Illinois Power of
Attorney Act.
The following persons may request that a security freeze
be placed on the credit report of a minor:
(1) a guardian of the minor who that is the subject of
the request, appointed under Article XI of the Probate Act
of 1975;
(2) a parent of the minor who that is the subject of
the request; and
(3) a guardian appointed under the Juvenile Court Act
of 1987 for a minor under the age of 18 who is the subject
of the request or, with a court order authorizing the
guardian consent power, for a youth who is the subject of
the request who has attained the age of 18, but who is
under the age of 21.
This subsection (c) does not prevent a consumer reporting
agency from advising a third party that a security freeze is in
effect with respect to the consumer's credit report.
(d) A consumer reporting agency shall place a security
freeze on a consumer's credit report no later than 5 business
days after receiving a written request from the consumer:
(1) a written request described in subsection (c);
(2) proper identification; and
(3) payment of a fee, if applicable.

(e) Upon placing the security freeze on the consumer's
credit report, the consumer reporting agency shall send to the
consumer within 10 business days a written confirmation of the
placement of the security freeze and a unique personal
identification number or password or similar device, other than
the consumer's Social Security number, to be used by the
consumer when providing authorization for the release of his or
her credit report for a specific party or period of time.
(f) If the consumer wishes to allow his or her credit
report to be accessed for a specific party or period of time
while a freeze is in place, he or she shall contact the
consumer reporting agency using a point of contact designated
by the consumer reporting agency, request that the freeze be
temporarily lifted, and provide the following:
(1) Proper identification;
(2) The unique personal identification number or
password or similar device provided by the consumer
reporting agency;
(3) The proper information regarding the third party or
time period for which the report shall be available to
users of the credit report; and
(4) A fee, if applicable.
A security freeze for a minor may not be temporarily
lifted. This Section does not require a consumer reporting
agency to provide to a minor or a parent or guardian of a minor
on behalf of the minor a unique personal identification number,

password, or similar device provided by the consumer reporting
agency for the minor, or parent or guardian of the minor, to
use to authorize the consumer reporting agency to release
information from a minor.
(g) A consumer reporting agency shall develop a contact
method to receive and process a request from a consumer to
temporarily lift a freeze on a credit report pursuant to
subsection (f) in an expedited manner.
A contact method under this subsection shall include: (i) a
postal address; and (ii) an electronic contact method chosen by
the consumer reporting agency, which may include the use of
telephone, fax, Internet, or other electronic means.
(h) A consumer reporting agency that receives a request
from a consumer to temporarily lift a freeze on a credit report
pursuant to subsection (f), shall comply with the request no
later than 3 business days after receiving the request.
(i) A consumer reporting agency shall remove or temporarily
lift a freeze placed on a consumer's credit report only in the
following cases:
(1) upon consumer request, pursuant to subsection (f)
or subsection (l) of this Section; or
(2) if the consumer's credit report was frozen due to a
material misrepresentation of fact by the consumer.
If a consumer reporting agency intends to remove a freeze
upon a consumer's credit report pursuant to this subsection,
the consumer reporting agency shall notify the consumer in

writing prior to removing the freeze on the consumer's credit
report.
(j) If a third party requests access to a credit report on
which a security freeze is in effect, and this request is in
connection with an application for credit or any other use, and
the consumer does not allow his or her credit report to be
accessed for that specific party or period of time, the third
party may treat the application as incomplete.
(k) If a consumer requests a security freeze, the credit
reporting agency shall disclose to the consumer the process of
placing and temporarily lifting a security freeze, and the
process for allowing access to information from the consumer's
credit report for a specific party or period of time while the
freeze is in place.
(l) A security freeze shall remain in place until the
consumer or person authorized under subsection (c) to act on
behalf of the minor or person with a disability who that is the
subject of the security freeze requests, using a point of
contact designated by the consumer reporting agency, that the
security freeze be removed. A credit reporting agency shall
remove a security freeze within 3 business days of receiving a
request for removal from the consumer, who provides:
(1) Proper identification;
(2) The unique personal identification number or
password or similar device provided by the consumer
reporting agency; and

(3) A fee, if applicable.
(m) A consumer reporting agency shall require proper
identification of the person making a request to place or
remove a security freeze and may require proper identification
and proper authority from the person making the request to
place or remove a freeze on behalf of the person with a
disability or minor.
(n) The provisions of subsections (c) through (m) of this
Section do not apply to the use of a consumer credit report by
any of the following:
(1) A person or entity, or a subsidiary, affiliate, or
agent of that person or entity, or an assignee of a
financial obligation owing by the consumer to that person
or entity, or a prospective assignee of a financial
obligation owing by the consumer to that person or entity
in conjunction with the proposed purchase of the financial
obligation, with which the consumer has or had prior to
assignment an account or contract, including a demand
deposit account, or to whom the consumer issued a
negotiable instrument, for the purposes of reviewing the
account or collecting the financial obligation owing for
the account, contract, or negotiable instrument. For
purposes of this subsection, "reviewing the account"
includes activities related to account maintenance,
monitoring, credit line increases, and account upgrades
and enhancements.

(2) A subsidiary, affiliate, agent, assignee, or
prospective assignee of a person to whom access has been
granted under subsection (f) of this Section for purposes
of facilitating the extension of credit or other
permissible use.
(3) Any state or local agency, law enforcement agency,
trial court, or private collection agency acting pursuant
to a court order, warrant, or subpoena.
(4) A child support agency acting pursuant to Title
IV-D of the Social Security Act.
(5) The State or its agents or assigns acting to
investigate fraud.
(6) The Department of Revenue or its agents or assigns
acting to investigate or collect delinquent taxes or unpaid
court orders or to fulfill any of its other statutory
responsibilities.
(7) The use of credit information for the purposes of
prescreening as provided for by the federal Fair Credit
Reporting Act.
(8) Any person or entity administering a credit file
monitoring subscription or similar service to which the
consumer has subscribed.
(9) Any person or entity for the purpose of providing a
consumer with a copy of his or her credit report or score
upon the consumer's request.
(10) Any person using the information in connection

with the underwriting of insurance.
(n-5) This Section does not prevent a consumer reporting
agency from charging a fee of no more than $10 to a consumer
for each freeze, removal, or temporary lift of the freeze,
regarding access to a consumer credit report, except that a
consumer reporting agency may not charge a fee to: (i) a
consumer 65 years of age or over for placement and removal of a
freeze; (ii) a victim of identity theft who has submitted to
the consumer reporting agency a valid copy of a police report,
investigative report, or complaint that the consumer has filed
with a law enforcement agency about unlawful use of his or her
personal information by another person; or (iii) an active duty
military service member who has submitted to the consumer
reporting agency a copy of his or her orders calling the
service member to military service and any orders further
extending the service member's period of service if currently
active.
(o) If a security freeze is in place, a consumer reporting
agency shall not change any of the following official
information in a credit report without sending a written
confirmation of the change to the consumer within 30 days of
the change being posted to the consumer's file: (i) name, (ii)
date of birth, (iii) Social Security number, and (iv) address.
Written confirmation is not required for technical
modifications of a consumer's official information, including
name and street abbreviations, complete spellings, or

transposition of numbers or letters. In the case of an address
change, the written confirmation shall be sent to both the new
address and to the former address.
(p) The following entities are not required to place a
security freeze in a consumer report, however, pursuant to
paragraph (3) of this subsection, a consumer reporting agency
acting as a reseller shall honor any security freeze placed on
a consumer credit report by another consumer reporting agency:
(1) A check services or fraud prevention services
company, which issues reports on incidents of fraud or
authorizations for the purpose of approving or processing
negotiable instruments, electronic funds transfers, or
similar methods of payment.
(2) A deposit account information service company,
which issues reports regarding account closures due to
fraud, substantial overdrafts, ATM abuse, or similar
negative information regarding a consumer to inquiring
banks or other financial institutions for use only in
reviewing a consumer request for a deposit account at the
inquiring bank or financial institution.
(3) A consumer reporting agency that:
(A) acts only to resell credit information by
assembling and merging information contained in a
database of one or more consumer reporting agencies;
and
(B) does not maintain a permanent database of

credit information from which new credit reports are
produced.
(q) For purposes of this Section:
"Credit report" has the same meaning as "consumer report",
as ascribed to it in 15 U.S.C. Sec. 1681a(d).
"Consumer reporting agency" has the meaning ascribed to it
in 15 U.S.C. Sec. 1681a(f).
"Security freeze" means a notice placed in a consumer's
credit report, at the request of the consumer and subject to
certain exceptions, that prohibits the consumer reporting
agency from releasing the consumer's credit report or score
relating to an extension of credit, without the express
authorization of the consumer.
"Extension of credit" does not include an increase in an
existing open-end credit plan, as defined in Regulation Z of
the Federal Reserve System (12 C.F.R. 226.2), or any change to
or review of an existing credit account.
"Proper authority" means documentation that shows that a
parent, guardian, or agent has authority to act on behalf of a
minor or person with a disability. "Proper authority" includes
(1) an order issued by a court of law that shows that a
guardian has authority to act on behalf of a minor or person
with a disability, (2) a written, notarized statement signed by
a parent that expressly describes the authority of the parent
to act on behalf of the minor, or (3) a durable power of
attorney that complies with the Illinois Power of Attorney Act.

"Proper identification" means information generally deemed
sufficient to identify a person. Only if the consumer is unable
to reasonably identify himself or herself with the information
described above, may a consumer reporting agency require
additional information concerning the consumer's employment
and personal or family history in order to verify his or her
identity.
"Military service member" means a resident of Illinois who
is a member of any component of the U.S. Armed Forces or the
National Guard of any state, the District of Columbia, a
commonwealth, or a territory of the United States who has
entered any full-time training or duty for which the service
member was ordered to report by the President, the governor of
a state, commonwealth, or territory of the United States, or
another appropriate military authority.
(r) Any person who violates this Section commits an
unlawful practice within the meaning of this Act.
(Source: P.A. 98-486, eff. 1-1-14; 98-756, eff. 7-16-14;
99-143, eff. 7-27-15; 99-373, eff. 1-1-16; revised 10-21-15.)
Section 640. The Job Referral and Job Listing Services
Consumer Protection Act is amended by changing Sections 5 and
12 as follows:
(815 ILCS 630/5) (from Ch. 121 1/2, par. 2005)
Sec. 5. Every Service shall be required to:

(1) Keep and make available to the Attorney General
during regular business hours, and to the State's States
Attorney of any county in which the Service conducts
business the following records:
(a) All job listing authorizations received by the
Service during the immediate past year. Each such
authorization shall include:
(i) the date when such authorization was
received.
(ii) the name of the person recording the
authorization.
(iii) the name and address of the employer or
agent of the employer, making the authorization.
(iv) the job title and the qualifications
therefor.
(v) the salary offered or to be paid for such
job, if known.
(vi) the The duration of the job.
(b) Copies of all contracts, agreements or other
documents signed by job seekers, pursuant to Section 6
of this Act, for the immediate past year.
(c) Copies of all receipts for fee payments given
to each job seeker, pursuant to this Act, for the
immediate past year.
(d) A current schedule of fees charged.
(e) All other written information relative to the

services provided to the job seeker.
(2) Furnish to each job seeker a copy of every written
instrument the job seeker has signed.
(3) Obtain a bona fide job order for employment prior
to collecting any fee from a job seeker or sending out a
job seeker to any place of employment.
(4) Furnish to each job seeker from whom a fee is
received, at the time payment is received, a receipt in
which shall be stated the name of the job seeker, the name
and address of the Service and its agent, the date and
amount of the fee and the purpose for which it was paid.
(5) Furnish to each job seeker, who is sent to a
prospective employer, with a card or similar paper stating
the nature of the prospective employment, the names of the
job seeker and prospective employer, and the address of the
employer.
(6) Verify each job listing authorization received
from the authorizing employer within 7 days following the
receipt or such authorization.
(7) Meet in person with a potential job seeker and
enter into a written contract before a job seeker provides
payment for a job list. A job list shall include, at a
minimum, the following information:
(a) name Name and address of the employer or agent
of the employer, making the authorization;
(b) job Job title and the qualifications therefor;

(c) salary Salary offered or to be paid for such
job, if known;
(d) the The duration of the job;
(e) location Location of the job; and
(f) certification Certification that the position
has not been filled as of the date that such a list is
made available to the job seeker.
Said job list shall be considered deliverable under the
contract.
(Source: P.A. 87-293; revised 10-19-15.)
(815 ILCS 630/12) (from Ch. 121 1/2, par. 2012)
Sec. 12. Violation of any of the provisions of this Act is
an unlawful practice pursuant to Section 2 of the Deceptive
Business Practices Act, as now or hereafter amended. All
remedies, penalties and authority granted to the Attorney
General or a State's States Attorney by that Act shall be
available to them for the enforcement of this Act. In any
action brought by the Attorney General or a State's States
Attorney to enforce this Act, the court may order that persons
who incurred actual damages be awarded the amount of actual
damages assessed.
(Source: P.A. 85-1367; revised 10-21-15.)
Section 645. The Victims' Economic Security and Safety Act
is amended by changing Section 905 as follows:

(820 ILCS 180/905)
Sec. 905. Severability. If any provision of this Act or the
application of such provision to any person or circumstance is
held to be in violation of the United Unites States
Constitution or Illinois Constitution, the remainder of the
provisions of this Act and the application of those provisions
to any person or circumstance shall not be affected.
(Source: P.A. 93-591, eff. 8-25-03; revised 10-21-15.)
Section 650. The Workers' Compensation Act is amended by
changing Section 14 as follows:
(820 ILCS 305/14) (from Ch. 48, par. 138.14)
Sec. 14. The Commission shall appoint a secretary, an
assistant secretary, and arbitrators and shall employ such
assistants and clerical help as may be necessary. Arbitrators
shall be appointed pursuant to this Section, notwithstanding
any provision of the Personnel Code.
Each arbitrator appointed after June 28, 2011 shall be
required to demonstrate in writing his or her knowledge of and
expertise in the law of and judicial processes of the Workers'
Compensation Act and the Workers' Occupational Diseases Act.
A formal training program for newly-hired arbitrators
shall be implemented. The training program shall include the
following:

(a) substantive and procedural aspects of the
arbitrator position;
(b) current issues in workers' compensation law and
practice;
(c) medical lectures by specialists in areas such as
orthopedics, ophthalmology, psychiatry, rehabilitation
counseling;
(d) orientation to each operational unit of the
Illinois Workers' Compensation Commission;
(e) observation of experienced arbitrators conducting
hearings of cases, combined with the opportunity to discuss
evidence presented and rulings made;
(f) the use of hypothetical cases requiring the trainee
to issue judgments as a means to evaluating knowledge and
writing ability;
(g) writing skills;
(h) professional and ethical standards pursuant to
Section 1.1 of this Act;
(i) detection of workers' compensation fraud and
reporting obligations of Commission employees and
appointees;
(j) standards of evidence-based medical treatment and
best practices for measuring and improving quality and
health care outcomes in the workers' compensation system,
including but not limited to the use of the American
Medical Association's "Guides to the Evaluation of

Permanent Impairment" and the practice of utilization
review; and
(k) substantive and procedural aspects of coal
workers' pneumoconiosis (black lung) cases.
A formal and ongoing professional development program
including, but not limited to, the above-noted areas shall be
implemented to keep arbitrators informed of recent
developments and issues and to assist them in maintaining and
enhancing their professional competence. Each arbitrator shall
complete 20 hours of training in the above-noted areas during
every 2 years such arbitrator shall remain in office.
Each arbitrator shall devote full time to his or her duties
and shall serve when assigned as an acting Commissioner when a
Commissioner is unavailable in accordance with the provisions
of Section 13 of this Act. Any arbitrator who is an
attorney-at-law shall not engage in the practice of law, nor
shall any arbitrator hold any other office or position of
profit under the United States or this State or any municipal
corporation or political subdivision of this State.
Notwithstanding any other provision of this Act to the
contrary, an arbitrator who serves as an acting Commissioner in
accordance with the provisions of Section 13 of this Act shall
continue to serve in the capacity of Commissioner until a
decision is reached in every case heard by that arbitrator
while serving as an acting Commissioner.
Notwithstanding any other provision of this Section, the

term of all arbitrators serving on June 28, 2011 (the effective
date of Public Act 97-18) this amendatory Act of the 97th
General Assembly, including any arbitrators on administrative
leave, shall terminate at the close of business on July 1,
2011, but the incumbents shall continue to exercise all of
their duties until they are reappointed or their successors are
appointed.
On and after June 28, 2011 (the effective date of Public
Act 97-18) this amendatory Act of the 97th General Assembly,
arbitrators shall be appointed to 3-year terms as follows:
(1) All appointments shall be made by the Governor with
the advice and consent of the Senate.
(2) For their initial appointments, 12 arbitrators
shall be appointed to terms expiring July 1, 2012; 12
arbitrators shall be appointed to terms expiring July 1,
2013; and all additional arbitrators shall be appointed to
terms expiring July 1, 2014. Thereafter, all arbitrators
shall be appointed to 3-year terms.
Upon the expiration of a term, the Chairman shall evaluate
the performance of the arbitrator and may recommend to the
Governor that he or she be reappointed to a second or
subsequent term by the Governor with the advice and consent of
the Senate.
Each arbitrator appointed on or after June 28, 2011 (the
effective date of Public Act 97-18) this amendatory Act of the
97th General Assembly and who has not previously served as an

arbitrator for the Commission shall be required to be
authorized to practice law in this State by the Supreme Court,
and to maintain this authorization throughout his or her term
of employment.
The performance of all arbitrators shall be reviewed by the
Chairman on an annual basis. The Chairman shall allow input
from the Commissioners in all such reviews.
The Commission shall assign no fewer than 3 arbitrators to
each hearing site. The Commission shall establish a procedure
to ensure that the arbitrators assigned to each hearing site
are assigned cases on a random basis. No arbitrator shall hear
cases in any county, other than Cook County, for more than 2
years in each 3-year term.
The Secretary and each arbitrator shall receive a per annum
salary of $4,000 less than the per annum salary of members of
The Illinois Workers' Compensation Commission as provided in
Section 13 of this Act, payable in equal monthly installments.
The members of the Commission, Arbitrators and other
employees whose duties require them to travel, shall have
reimbursed to them their actual traveling expenses and
disbursements made or incurred by them in the discharge of
their official duties while away from their place of residence
in the performance of their duties.
The Commission shall provide itself with a seal for the
authentication of its orders, awards and proceedings upon which
shall be inscribed the name of the Commission and the words

"Illinois--Seal".
The Secretary or Assistant Secretary, under the direction
of the Commission, shall have charge and custody of the seal of
the Commission and also have charge and custody of all records,
files, orders, proceedings, decisions, awards and other
documents on file with the Commission. He shall furnish
certified copies, under the seal of the Commission, of any such
records, files, orders, proceedings, decisions, awards and
other documents on file with the Commission as may be required.
Certified copies so furnished by the Secretary or Assistant
Secretary shall be received in evidence before the Commission
or any Arbitrator thereof, and in all courts, provided that the
original of such certified copy is otherwise competent and
admissible in evidence. The Secretary or Assistant Secretary
shall perform such other duties as may be prescribed from time
to time by the Commission.
(Source: P.A. 97-18, eff. 6-28-11; 97-719, eff. 6-29-12; 98-40,
eff. 6-28-13; revised 10-21-15.)
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