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1		AN ACT to revise the law by combining multiple enactments
2		and making technical corrections.
3		Be it enacted by the People of the State of Illinois,
4		represented in the General Assembly:
5		Section 1. Nature of this Act.
6		(a) This Act may be cited as the First 2021 General
7		Revisory Act.
8		(b) This Act is not intended to make any substantive
9		change in the law. It reconciles conflicts that have arisen
10		from multiple amendments and enactments and makes technical
11		corrections and revisions in the law.
12		This Act revises and, where appropriate, renumbers certain
13		Sections that have been added or amended by more than one
14		Public Act. In certain cases in which a repealed Act or Section
15		has been replaced with a successor law, this Act may
16		incorporate amendments to the repealed Act or Section into the
17		successor law. This Act also corrects errors, revises
18		cross-references, and deletes obsolete text.
19		(c) In this Act, the reference at the end of each amended
20		Section indicates the sources in the Session Laws of Illinois
21		that were used in the preparation of the text of that Section.
22		The text of the Section included in this Act is intended to
23		include the different versions of the Section found in the
24		Public Acts included in the list of sources, but may not

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1		include other versions of the Section to be found in Public
2		Acts not included in the list of sources. The list of sources
3		is not a part of the text of the Section.
4		(d) Public Acts 100-1178 through 101-651 were considered
5		in the preparation of the combining revisories included in
6		this Act. Many of those combining revisories contain no
7		striking or underscoring because no additional changes are
8		being made in the material that is being combined.
9		Section 5. The Regulatory Sunset Act is amended by
10		changing Sections 4.30 and 4.40 as follows:
11		(5 ILCS 80/4.30)
12		Sec. 4.30. Act Acts repealed on January 1, 2020. The
13		following Act is Acts are repealed on January 1, 2020:
14		The Illinois Landscape Architecture Act of 1989.
15		(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
16		100-863, eff. 8-14-18; 101-269, eff. 8-9-19; 101-310, eff.
17		8-9-19; 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313,
18		eff. 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19;
19		101-357, eff. 8-9-19; 101-614, eff. 12-20-19; 101-621, eff.
20		12-20-19; revised 1-6-20.)
21		(5 ILCS 80/4.40)
22		Sec. 4.40. Acts Act repealed on January 1, 2030. The
23		following Acts are Act is repealed on January 1, 2030:

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1		The Auction License Act.
2		The Illinois Architecture Practice Act of 1989.
3		The Illinois Professional Land Surveyor Act of 1989.
4		The Orthotics, Prosthetics, and Pedorthics Practice Act.
5		The Perfusionist Practice Act.
6		The Professional Engineering Practice Act of 1989.
7		The Real Estate License Act of 2000.
8		The Structural Engineering Practice Act of 1989.
9		(Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19;
10		101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff.
11		8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357,
12		eff. 8-9-19; revised 9-27-19.)
13		Section 10. The Illinois Administrative Procedure Act is
14		amended by setting forth, renumbering, and changing multiple
15		versions of Sections 5-45.1 and 5-45.2 as follows:
16		(5 ILCS 100/5-45.1)
17		(Section scheduled to be repealed on January 1, 2026)
18		Sec. 5-45.1. Emergency rulemaking. To provide for the
19		expeditious and timely implementation of changes made to
20		Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code by
21		Public Act 101-650 this amendatory Act of the 101st General
22		Assembly, emergency rules may be adopted in accordance with
23		Section 5-45 by the respective Department. The 24-month
24		limitation on the adoption of emergency rules does not apply

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1		to rules adopted under this Section. The adoption of emergency
2		rules authorized by Section 5-45 and this Section is deemed to
3		be necessary for the public interest, safety, and welfare.
4		This Section is repealed on January 1, 2026.
5		(Source: P.A. 101-650, eff. 7-7-20; revised 8-3-20.)
6		(5 ILCS 100/5-45.2)
7		(Section scheduled to be repealed on January 1, 2026)
8		Sec. 5-45.2. Emergency rulemaking; Grants to local tourism
9		and convention bureaus. To provide for the expeditious and
10		timely implementation of the changes made to Section 605-705
11		of the Department of Commerce and Economic Opportunity Law of
12		the Civil Administrative Code of Illinois by Public Act
13		101-636 this amendatory Act of the 101st General Assembly,
14		emergency rules implementing the changes made to Section
15		605-705 of the Department of Commerce and Economic Opportunity
16		Law of the Civil Administrative Code of Illinois by Public Act
17		101-636 this amendatory Act of the 101st General Assembly may
18		be adopted in accordance with Section 5-45 by the Department
19		of Commerce and Economic Opportunity. The adoption of
20		emergency rules authorized by Section 5-45 and this Section is
21		deemed to be necessary for the public interest, safety, and
22		welfare.
23		This Section is repealed on January 1, 2026.
24		(Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)

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1		(5 ILCS 100/5-45.4)
2		(Section scheduled to be repealed on January 1, 2026)
3		Sec. 5-45.4 5-45.1. Emergency rulemaking; Local
4		Coronavirus Urgent Remediation Emergency (or Local CURE)
5		Support Program. To provide for the expeditious and timely
6		implementation of the Local Coronavirus Urgent Remediation
7		Emergency (or Local CURE) Support Program, emergency rules
8		implementing the Local Coronavirus Urgent Remediation
9		Emergency (or Local CURE) Support Program may be adopted in
10		accordance with Section 5-45 by the Department of Commerce and
11		Economic Opportunity. The adoption of emergency rules
12		authorized by Section 5-45 and this Section is deemed to be
13		necessary for the public interest, safety, and welfare.
14		This Section is repealed on January 1, 2026.
15		(Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)
16		(5 ILCS 100/5-45.5)
17		Sec. 5-45.5 5-45.1. (Repealed).
18		(Source: P.A. 101-640, eff. 6-12-20; revised 8-3-20. Repealed
19		internally, eff. 1-1-21.)
20		(5 ILCS 100/5-45.6)
21		Sec. 5-45.6 5-45.1. (Repealed).
22		(Source: P.A. 101-642, eff. 6-16-20; revised 8-3-20. Repealed
23		internally, eff. 1-1-21.)

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1		(5 ILCS 100/5-45.7)
2		Sec. 5-45.7 5-45.2. (Repealed).
3		(Source: P.A. 101-640, eff. 6-12-20; revised 8-3-20. Repealed
4		internally, eff. 1-1-21.)
5		Section 15. The Open Meetings Act is amended by changing
6		Sections 1.05 and 2 as follows:
7		(5 ILCS 120/1.05)
8		Sec. 1.05. Training.
9		(a) Every public body shall designate employees, officers,
10		or members to receive training on compliance with this Act.
11		Each public body shall submit a list of designated employees,
12		officers, or members to the Public Access Counselor. Within 6
13		months after January 1, 2010 (the effective date of Public Act
14		96-542) this amendatory Act of the 96th General Assembly, the
15		designated employees, officers, and members must successfully
16		complete an electronic training curriculum, developed and
17		administered by the Public Access Counselor, and thereafter
18		must successfully complete an annual training program.
19		Thereafter, whenever a public body designates an additional
20		employee, officer, or member to receive this training, that
21		person must successfully complete the electronic training
22		curriculum within 30 days after that designation.
23		(b) Except as otherwise provided in this Section, each
24		elected or appointed member of a public body subject to this

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1		Act who is such a member on January 1, 2012 (the effective date
2		of Public Act 97-504) this amendatory Act of the 97th General
3		Assembly must successfully complete the electronic training
4		curriculum developed and administered by the Public Access
5		Counselor. For these members, the training must be completed
6		within one year after January 1, 2012 (the effective date of
7		Public Act 97-504) this amendatory Act.
8		Except as otherwise provided in this Section, each elected
9		or appointed member of a public body subject to this Act who
10		becomes such a member after January 1, 2012 (the effective
11		date of Public Act 97-504) this amendatory Act of the 97th
12		General Assembly shall successfully complete the electronic
13		training curriculum developed and administered by the Public
14		Access Counselor. For these members, the training must be
15		completed not later than the 90th day after the date the
16		member:
17		(1) takes the oath of office, if the member is
18		required to take an oath of office to assume the person's
19		duties as a member of the public body; or
20		(2) otherwise assumes responsibilities as a member of
21		the public body, if the member is not required to take an
22		oath of office to assume the person's duties as a member of
23		the governmental body.
24		Each member successfully completing the electronic
25		training curriculum shall file a copy of the certificate of
26		completion with the public body.

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1		Completing the required training as a member of the public
2		body satisfies the requirements of this Section with regard to
3		the member's service on a committee or subcommittee of the
4		public body and the member's ex officio service on any other
5		public body.
6		The failure of one or more members of a public body to
7		complete the training required by this Section does not affect
8		the validity of an action taken by the public body.
9		An elected or appointed member of a public body subject to
10		this Act who has successfully completed the training required
11		under this subsection (b) and filed a copy of the certificate
12		of completion with the public body is not required to
13		subsequently complete the training required under this
14		subsection (b).
15		(c) An elected school board member may satisfy the
16		training requirements of this Section by participating in a
17		course of training sponsored or conducted by an organization
18		created under Article 23 of the School Code. The course of
19		training shall include, but not be limited to, instruction in:
20		(1) the general background of the legal requirements
21		for open meetings;
22		(2) the applicability of this Act to public bodies;
23		(3) procedures and requirements regarding quorums,
24		notice, and record-keeping under this Act;
25		(4) procedures and requirements for holding an open
26		meeting and for holding a closed meeting under this Act;

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1		and
2		(5) penalties and other consequences for failing to
3		comply with this Act.
4		If an organization created under Article 23 of the School
5		Code provides a course of training under this subsection (c),
6		it must provide a certificate of course completion to each
7		school board member who successfully completes that course of
8		training.
9		(d) A commissioner of a drainage district may satisfy the
10		training requirements of this Section by participating in a
11		course of training sponsored or conducted by an organization
12		that represents the drainage districts created under the
13		Illinois Drainage Code. The course of training shall include,
14		but not be limited to, instruction in:
15		(1) the general background of the legal requirements
16		for open meetings;
17		(2) the applicability of this Act to public bodies;
18		(3) procedures and requirements regarding quorums,
19		notice, and record-keeping under this Act;
20		(4) procedures and requirements for holding an open
21		meeting and for holding a closed meeting under this Act;
22		and
23		(5) penalties and other consequences for failing to
24		comply with this Act.
25		If an organization that represents the drainage districts
26		created under the Illinois Drainage Code provides a course of

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1		training under this subsection (d), it must provide a
2		certificate of course completion to each commissioner who
3		successfully completes that course of training.
4		(e) A director of a soil and water conservation district
5		may satisfy the training requirements of this Section by
6		participating in a course of training sponsored or conducted
7		by an organization that represents soil and water conservation
8		districts created under the Soil and Water Conservation
9		Districts Act. The course of training shall include, but not
10		be limited to, instruction in:
11		(1) the general background of the legal requirements
12		for open meetings;
13		(2) the applicability of this Act to public bodies;
14		(3) procedures and requirements regarding quorums,
15		notice, and record-keeping under this Act;
16		(4) procedures and requirements for holding an open
17		meeting and for holding a closed meeting under this Act;
18		and
19		(5) penalties and other consequences for failing to
20		comply with this Act.
21		If an organization that represents the soil and water
22		conservation districts created under the Soil and Water
23		Conservation Districts Act provides a course of training under
24		this subsection (e), it must provide a certificate of course
25		completion to each director who successfully completes that
26		course of training.

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1		(f) An elected or appointed member of a public body of a
2		park district, forest preserve district, or conservation
3		district may satisfy the training requirements of this Section
4		by participating in a course of training sponsored or
5		conducted by an organization that represents the park
6		districts created in the Park District Code. The course of
7		training shall include, but not be limited to, instruction in:
8		(1) the general background of the legal requirements
9		for open meetings;
10		(2) the applicability of this Act to public bodies;
11		(3) procedures and requirements regarding quorums,
12		notice, and record-keeping under this Act;
13		(4) procedures and requirements for holding an open
14		meeting and for holding a closed meeting under this Act;
15		and
16		(5) penalties and other consequences for failing to
17		comply with this Act.
18		If an organization that represents the park districts
19		created in the Park District Code provides a course of
20		training under this subsection (f), it must provide a
21		certificate of course completion to each elected or appointed
22		member of a public body who successfully completes that course
23		of training.
24		(g) An elected or appointed member of the board of
25		trustees of a fire protection district may satisfy the
26		training requirements of this Section by participating in a

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1		course of training sponsored or conducted by an organization
2		that represents fire protection districts created under the
3		Fire Protection District Act. The course of training shall
4		include, but not be limited to, instruction in:
5		(1) the general background of the legal requirements
6		for open meetings;
7		(2) the applicability of this Act to public bodies;
8		(3) procedures and requirements regarding quorums,
9		notice, and record-keeping under this Act;
10		(4) procedures and requirements for holding an open
11		meeting and for holding a closed meeting under this Act;
12		and
13		(5) penalties and other consequences for failing to
14		comply with this Act.
15		If an organization that represents fire protection
16		districts organized under the Fire Protection District Act
17		provides a course of training under this subsection (g), it
18		must provide a certificate of course completion to each
19		elected or appointed member of a board of trustees who
20		successfully completes that course of training.
21		(h) (g) An elected or appointed member of a public body of
22		a municipality may satisfy the training requirements of this
23		Section by participating in a course of training sponsored or
24		conducted by an organization that represents municipalities as
25		designated in Section 1-8-1 of the Illinois Municipal Code.
26		The course of training shall include, but not be limited to,

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1		instruction in:
2		(1) the general background of the legal requirements
3		for open meetings;
4		(2) the applicability of this Act to public bodies;
5		(3) procedures and requirements regarding quorums,
6		notice, and record-keeping under this Act;
7		(4) procedures and requirements for holding an open
8		meeting and for holding a closed meeting under this Act;
9		and
10		(5) penalties and other consequences for failing to
11		comply with this Act.
12		If an organization that represents municipalities as
13		designated in Section 1-8-1 of the Illinois Municipal Code
14		provides a course of training under this subsection (h) (g),
15		it must provide a certificate of course completion to each
16		elected or appointed member of a public body who successfully
17		completes that course of training.
18		(Source: P.A. 100-1127, eff. 11-27-18; 101-233, eff. 1-1-20;
19		revised 9-27-19.)
20		(5 ILCS 120/2) (from Ch. 102, par. 42)
21		Sec. 2. Open meetings.
22		(a) Openness required. All meetings of public bodies shall
23		be open to the public unless excepted in subsection (c) and
24		closed in accordance with Section 2a.
25		(b) Construction of exceptions. The exceptions contained

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1		in subsection (c) are in derogation of the requirement that
2		public bodies meet in the open, and therefore, the exceptions
3		are to be strictly construed, extending only to subjects
4		clearly within their scope. The exceptions authorize but do
5		not require the holding of a closed meeting to discuss a
6		subject included within an enumerated exception.
7		(c) Exceptions. A public body may hold closed meetings to
8		consider the following subjects:
9		(1) The appointment, employment, compensation,
10		discipline, performance, or dismissal of specific
11		employees, specific individuals who serve as independent
12		contractors in a park, recreational, or educational
13		setting, or specific volunteers of the public body or
14		legal counsel for the public body, including hearing
15		testimony on a complaint lodged against an employee, a
16		specific individual who serves as an independent
17		contractor in a park, recreational, or educational
18		setting, or a volunteer of the public body or against
19		legal counsel for the public body to determine its
20		validity. However, a meeting to consider an increase in
21		compensation to a specific employee of a public body that
22		is subject to the Local Government Wage Increase
23		Transparency Act may not be closed and shall be open to the
24		public and posted and held in accordance with this Act.
25		(2) Collective negotiating matters between the public
26		body and its employees or their representatives, or

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1		deliberations concerning salary schedules for one or more
2		classes of employees.
3		(3) The selection of a person to fill a public office,
4		as defined in this Act, including a vacancy in a public
5		office, when the public body is given power to appoint
6		under law or ordinance, or the discipline, performance or
7		removal of the occupant of a public office, when the
8		public body is given power to remove the occupant under
9		law or ordinance.
10		(4) Evidence or testimony presented in open hearing,
11		or in closed hearing where specifically authorized by law,
12		to a quasi-adjudicative body, as defined in this Act,
13		provided that the body prepares and makes available for
14		public inspection a written decision setting forth its
15		determinative reasoning.
16		(5) The purchase or lease of real property for the use
17		of the public body, including meetings held for the
18		purpose of discussing whether a particular parcel should
19		be acquired.
20		(6) The setting of a price for sale or lease of
21		property owned by the public body.
22		(7) The sale or purchase of securities, investments,
23		or investment contracts. This exception shall not apply to
24		the investment of assets or income of funds deposited into
25		the Illinois Prepaid Tuition Trust Fund.
26		(8) Security procedures, school building safety and

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1		security, and the use of personnel and equipment to
2		respond to an actual, a threatened, or a reasonably
3		potential danger to the safety of employees, students,
4		staff, the public, or public property.
5		(9) Student disciplinary cases.
6		(10) The placement of individual students in special
7		education programs and other matters relating to
8		individual students.
9		(11) Litigation, when an action against, affecting or
10		on behalf of the particular public body has been filed and
11		is pending before a court or administrative tribunal, or
12		when the public body finds that an action is probable or
13		imminent, in which case the basis for the finding shall be
14		recorded and entered into the minutes of the closed
15		meeting.
16		(12) The establishment of reserves or settlement of
17		claims as provided in the Local Governmental and
18		Governmental Employees Tort Immunity Act, if otherwise the
19		disposition of a claim or potential claim might be
20		prejudiced, or the review or discussion of claims, loss or
21		risk management information, records, data, advice or
22		communications from or with respect to any insurer of the
23		public body or any intergovernmental risk management
24		association or self insurance pool of which the public
25		body is a member.
26		(13) Conciliation of complaints of discrimination in

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1		the sale or rental of housing, when closed meetings are
2		authorized by the law or ordinance prescribing fair
3		housing practices and creating a commission or
4		administrative agency for their enforcement.
5		(14) Informant sources, the hiring or assignment of
6		undercover personnel or equipment, or ongoing, prior or
7		future criminal investigations, when discussed by a public
8		body with criminal investigatory responsibilities.
9		(15) Professional ethics or performance when
10		considered by an advisory body appointed to advise a
11		licensing or regulatory agency on matters germane to the
12		advisory body's field of competence.
13		(16) Self evaluation, practices and procedures or
14		professional ethics, when meeting with a representative of
15		a statewide association of which the public body is a
16		member.
17		(17) The recruitment, credentialing, discipline or
18		formal peer review of physicians or other health care
19		professionals, or for the discussion of matters protected
20		under the federal Patient Safety and Quality Improvement
21		Act of 2005, and the regulations promulgated thereunder,
22		including 42 C.F.R. Part 3 (73 FR 70732), or the federal
23		Health Insurance Portability and Accountability Act of
24		1996, and the regulations promulgated thereunder,
25		including 45 C.F.R. Parts 160, 162, and 164, by a
26		hospital, or other institution providing medical care,

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1		that is operated by the public body.
2		(18) Deliberations for decisions of the Prisoner
3		Review Board.
4		(19) Review or discussion of applications received
5		under the Experimental Organ Transplantation Procedures
6		Act.
7		(20) The classification and discussion of matters
8		classified as confidential or continued confidential by
9		the State Government Suggestion Award Board.
10		(21) Discussion of minutes of meetings lawfully closed
11		under this Act, whether for purposes of approval by the
12		body of the minutes or semi-annual review of the minutes
13		as mandated by Section 2.06.
14		(22) Deliberations for decisions of the State
15		Emergency Medical Services Disciplinary Review Board.
16		(23) The operation by a municipality of a municipal
17		utility or the operation of a municipal power agency or
18		municipal natural gas agency when the discussion involves
19		(i) contracts relating to the purchase, sale, or delivery
20		of electricity or natural gas or (ii) the results or
21		conclusions of load forecast studies.
22		(24) Meetings of a residential health care facility
23		resident sexual assault and death review team or the
24		Executive Council under the Abuse Prevention Review Team
25		Act.
26		(25) Meetings of an independent team of experts under

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1		Brian's Law.
2		(26) Meetings of a mortality review team appointed
3		under the Department of Juvenile Justice Mortality Review
4		Team Act.
5		(27) (Blank).
6		(28) Correspondence and records (i) that may not be
7		disclosed under Section 11-9 of the Illinois Public Aid
8		Code or (ii) that pertain to appeals under Section 11-8 of
9		the Illinois Public Aid Code.
10		(29) Meetings between internal or external auditors
11		and governmental audit committees, finance committees, and
12		their equivalents, when the discussion involves internal
13		control weaknesses, identification of potential fraud risk
14		areas, known or suspected frauds, and fraud interviews
15		conducted in accordance with generally accepted auditing
16		standards of the United States of America.
17		(30) Those meetings or portions of meetings of a
18		fatality review team or the Illinois Fatality Review Team
19		Advisory Council during which a review of the death of an
20		eligible adult in which abuse or neglect is suspected,
21		alleged, or substantiated is conducted pursuant to Section
22		15 of the Adult Protective Services Act.
23		(31) Meetings and deliberations for decisions of the
24		Concealed Carry Licensing Review Board under the Firearm
25		Concealed Carry Act.
26		(32) Meetings between the Regional Transportation

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1		Authority Board and its Service Boards when the discussion
2		involves review by the Regional Transportation Authority
3		Board of employment contracts under Section 28d of the
4		Metropolitan Transit Authority Act and Sections 3A.18 and
5		3B.26 of the Regional Transportation Authority Act.
6		(33) Those meetings or portions of meetings of the
7		advisory committee and peer review subcommittee created
8		under Section 320 of the Illinois Controlled Substances
9		Act during which specific controlled substance prescriber,
10		dispenser, or patient information is discussed.
11		(34) Meetings of the Tax Increment Financing Reform
12		Task Force under Section 2505-800 of the Department of
13		Revenue Law of the Civil Administrative Code of Illinois.
14		(35) Meetings of the group established to discuss
15		Medicaid capitation rates under Section 5-30.8 of the
16		Illinois Public Aid Code.
17		(36) Those deliberations or portions of deliberations
18		for decisions of the Illinois Gaming Board in which there
19		is discussed any of the following: (i) personal,
20		commercial, financial, or other information obtained from
21		any source that is privileged, proprietary, confidential,
22		or a trade secret; or (ii) information specifically
23		exempted from the disclosure by federal or State law.
24		(d) Definitions. For purposes of this Section:
25		"Employee" means a person employed by a public body whose
26		relationship with the public body constitutes an

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1		employer-employee relationship under the usual common law
2		rules, and who is not an independent contractor.
3		"Public office" means a position created by or under the
4		Constitution or laws of this State, the occupant of which is
5		charged with the exercise of some portion of the sovereign
6		power of this State. The term "public office" shall include
7		members of the public body, but it shall not include
8		organizational positions filled by members thereof, whether
9		established by law or by a public body itself, that exist to
10		assist the body in the conduct of its business.
11		"Quasi-adjudicative body" means an administrative body
12		charged by law or ordinance with the responsibility to conduct
13		hearings, receive evidence or testimony and make
14		determinations based thereon, but does not include local
15		electoral boards when such bodies are considering petition
16		challenges.
17		(e) Final action. No final action may be taken at a closed
18		meeting. Final action shall be preceded by a public recital of
19		the nature of the matter being considered and other
20		information that will inform the public of the business being
21		conducted.
22		(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
23		100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
24		8-23-19; revised 9-27-19.)
25		Section 20. The Freedom of Information Act is amended by

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1		changing Section 7 as follows:
2		(5 ILCS 140/7) (from Ch. 116, par. 207)
3		Sec. 7. Exemptions.
4		(1) When a request is made to inspect or copy a public
5		record that contains information that is exempt from
6		disclosure under this Section, but also contains information
7		that is not exempt from disclosure, the public body may elect
8		to redact the information that is exempt. The public body
9		shall make the remaining information available for inspection
10		and copying. Subject to this requirement, the following shall
11		be exempt from inspection and copying:
12		(a) Information specifically prohibited from
13		disclosure by federal or State law or rules and
14		regulations implementing federal or State law.
15		(b) Private information, unless disclosure is required
16		by another provision of this Act, a State or federal law or
17		a court order.
18		(b-5) Files, documents, and other data or databases
19		maintained by one or more law enforcement agencies and
20		specifically designed to provide information to one or
21		more law enforcement agencies regarding the physical or
22		mental status of one or more individual subjects.
23		(c) Personal information contained within public
24		records, the disclosure of which would constitute a
25		clearly unwarranted invasion of personal privacy, unless

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1		the disclosure is consented to in writing by the
2		individual subjects of the information. "Unwarranted
3		invasion of personal privacy" means the disclosure of
4		information that is highly personal or objectionable to a
5		reasonable person and in which the subject's right to
6		privacy outweighs any legitimate public interest in
7		obtaining the information. The disclosure of information
8		that bears on the public duties of public employees and
9		officials shall not be considered an invasion of personal
10		privacy.
11		(d) Records in the possession of any public body
12		created in the course of administrative enforcement
13		proceedings, and any law enforcement or correctional
14		agency for law enforcement purposes, but only to the
15		extent that disclosure would:
16		(i) interfere with pending or actually and
17		reasonably contemplated law enforcement proceedings
18		conducted by any law enforcement or correctional
19		agency that is the recipient of the request;
20		(ii) interfere with active administrative
21		enforcement proceedings conducted by the public body
22		that is the recipient of the request;
23		(iii) create a substantial likelihood that a
24		person will be deprived of a fair trial or an impartial
25		hearing;
26		(iv) unavoidably disclose the identity of a

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1		confidential source, confidential information
2		furnished only by the confidential source, or persons
3		who file complaints with or provide information to
4		administrative, investigative, law enforcement, or
5		penal agencies; except that the identities of
6		witnesses to traffic accidents, traffic accident
7		reports, and rescue reports shall be provided by
8		agencies of local government, except when disclosure
9		would interfere with an active criminal investigation
10		conducted by the agency that is the recipient of the
11		request;
12		(v) disclose unique or specialized investigative
13		techniques other than those generally used and known
14		or disclose internal documents of correctional
15		agencies related to detection, observation or
16		investigation of incidents of crime or misconduct, and
17		disclosure would result in demonstrable harm to the
18		agency or public body that is the recipient of the
19		request;
20		(vi) endanger the life or physical safety of law
21		enforcement personnel or any other person; or
22		(vii) obstruct an ongoing criminal investigation
23		by the agency that is the recipient of the request.
24		(d-5) A law enforcement record created for law
25		enforcement purposes and contained in a shared electronic
26		record management system if the law enforcement agency

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1		that is the recipient of the request did not create the
2		record, did not participate in or have a role in any of the
3		events which are the subject of the record, and only has
4		access to the record through the shared electronic record
5		management system.
6		(e) Records that relate to or affect the security of
7		correctional institutions and detention facilities.
8		(e-5) Records requested by persons committed to the
9		Department of Corrections, Department of Human Services
10		Division of Mental Health, or a county jail if those
11		materials are available in the library of the correctional
12		institution or facility or jail where the inmate is
13		confined.
14		(e-6) Records requested by persons committed to the
15		Department of Corrections, Department of Human Services
16		Division of Mental Health, or a county jail if those
17		materials include records from staff members' personnel
18		files, staff rosters, or other staffing assignment
19		information.
20		(e-7) Records requested by persons committed to the
21		Department of Corrections or Department of Human Services
22		Division of Mental Health if those materials are available
23		through an administrative request to the Department of
24		Corrections or Department of Human Services Division of
25		Mental Health.
26		(e-8) Records requested by a person committed to the

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1		Department of Corrections, Department of Human Services
2		Division of Mental Health, or a county jail, the
3		disclosure of which would result in the risk of harm to any
4		person or the risk of an escape from a jail or correctional
5		institution or facility.
6		(e-9) Records requested by a person in a county jail
7		or committed to the Department of Corrections or
8		Department of Human Services Division of Mental Health,
9		containing personal information pertaining to the person's
10		victim or the victim's family, including, but not limited
11		to, a victim's home address, home telephone number, work
12		or school address, work telephone number, social security
13		number, or any other identifying information, except as
14		may be relevant to a requester's current or potential case
15		or claim.
16		(e-10) Law enforcement records of other persons
17		requested by a person committed to the Department of
18		Corrections, Department of Human Services Division of
19		Mental Health, or a county jail, including, but not
20		limited to, arrest and booking records, mug shots, and
21		crime scene photographs, except as these records may be
22		relevant to the requester's current or potential case or
23		claim.
24		(f) Preliminary drafts, notes, recommendations,
25		memoranda and other records in which opinions are
26		expressed, or policies or actions are formulated, except

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1		that a specific record or relevant portion of a record
2		shall not be exempt when the record is publicly cited and
3		identified by the head of the public body. The exemption
4		provided in this paragraph (f) extends to all those
5		records of officers and agencies of the General Assembly
6		that pertain to the preparation of legislative documents.
7		(g) Trade secrets and commercial or financial
8		information obtained from a person or business where the
9		trade secrets or commercial or financial information are
10		furnished under a claim that they are proprietary,
11		privileged, or confidential, and that disclosure of the
12		trade secrets or commercial or financial information would
13		cause competitive harm to the person or business, and only
14		insofar as the claim directly applies to the records
15		requested.
16		The information included under this exemption includes
17		all trade secrets and commercial or financial information
18		obtained by a public body, including a public pension
19		fund, from a private equity fund or a privately held
20		company within the investment portfolio of a private
21		equity fund as a result of either investing or evaluating
22		a potential investment of public funds in a private equity
23		fund. The exemption contained in this item does not apply
24		to the aggregate financial performance information of a
25		private equity fund, nor to the identity of the fund's
26		managers or general partners. The exemption contained in

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

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1		(j) The following information pertaining to
2		educational matters:
3		(i) test questions, scoring keys and other
4		examination data used to administer an academic
5		examination;
6		(ii) information received by a primary or
7		secondary school, college, or university under its
8		procedures for the evaluation of faculty members by
9		their academic peers;
10		(iii) information concerning a school or
11		university's adjudication of student disciplinary
12		cases, but only to the extent that disclosure would
13		unavoidably reveal the identity of the student; and
14		(iv) course materials or research materials used
15		by faculty members.
16		(k) Architects' plans, engineers' technical
17		submissions, and other construction related technical
18		documents for projects not constructed or developed in
19		whole or in part with public funds and the same for
20		projects constructed or developed with public funds,
21		including, but not limited to, power generating and
22		distribution stations and other transmission and
23		distribution facilities, water treatment facilities,
24		airport facilities, sport stadiums, convention centers,
25		and all government owned, operated, or occupied buildings,
26		but only to the extent that disclosure would compromise

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1		security.
2		(l) Minutes of meetings of public bodies closed to the
3		public as provided in the Open Meetings Act until the
4		public body makes the minutes available to the public
5		under Section 2.06 of the Open Meetings Act.
6		(m) Communications between a public body and an
7		attorney or auditor representing the public body that
8		would not be subject to discovery in litigation, and
9		materials prepared or compiled by or for a public body in
10		anticipation of a criminal, civil, or administrative
11		proceeding upon the request of an attorney advising the
12		public body, and materials prepared or compiled with
13		respect to internal audits of public bodies.
14		(n) Records relating to a public body's adjudication
15		of employee grievances or disciplinary cases; however,
16		this exemption shall not extend to the final outcome of
17		cases in which discipline is imposed.
18		(o) Administrative or technical information associated
19		with automated data processing operations, including, but
20		not limited to, software, operating protocols, computer
21		program abstracts, file layouts, source listings, object
22		modules, load modules, user guides, documentation
23		pertaining to all logical and physical design of
24		computerized systems, employee manuals, and any other
25		information that, if disclosed, would jeopardize the
26		security of the system or its data or the security of

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1		materials exempt under this Section.
2		(p) Records relating to collective negotiating matters
3		between public bodies and their employees or
4		representatives, except that any final contract or
5		agreement shall be subject to inspection and copying.
6		(q) Test questions, scoring keys, and other
7		examination data used to determine the qualifications of
8		an applicant for a license or employment.
9		(r) The records, documents, and information relating
10		to real estate purchase negotiations until those
11		negotiations have been completed or otherwise terminated.
12		With regard to a parcel involved in a pending or actually
13		and reasonably contemplated eminent domain proceeding
14		under the Eminent Domain Act, records, documents, and
15		information relating to that parcel shall be exempt except
16		as may be allowed under discovery rules adopted by the
17		Illinois Supreme Court. The records, documents, and
18		information relating to a real estate sale shall be exempt
19		until a sale is consummated.
20		(s) Any and all proprietary information and records
21		related to the operation of an intergovernmental risk
22		management association or self-insurance pool or jointly
23		self-administered health and accident cooperative or pool.
24		Insurance or self insurance (including any
25		intergovernmental risk management association or self
26		insurance pool) claims, loss or risk management

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1		information, records, data, advice or communications.
2		(t) Information contained in or related to
3		examination, operating, or condition reports prepared by,
4		on behalf of, or for the use of a public body responsible
5		for the regulation or supervision of financial
6		institutions, insurance companies, or pharmacy benefit
7		managers, unless disclosure is otherwise required by State
8		law.
9		(u) Information that would disclose or might lead to
10		the disclosure of secret or confidential information,
11		codes, algorithms, programs, or private keys intended to
12		be used to create electronic or digital signatures under
13		the Electronic Commerce Security Act.
14		(v) Vulnerability assessments, security measures, and
15		response policies or plans that are designed to identify,
16		prevent, or respond to potential attacks upon a
17		community's population or systems, facilities, or
18		installations, the destruction or contamination of which
19		would constitute a clear and present danger to the health
20		or safety of the community, but only to the extent that
21		disclosure could reasonably be expected to jeopardize the
22		effectiveness of the measures or the safety of the
23		personnel who implement them or the public. Information
24		exempt under this item may include such things as details
25		pertaining to the mobilization or deployment of personnel
26		or equipment, to the operation of communication systems or

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

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1		(cc) Information regarding interments, entombments, or
2		inurnments of human remains that are submitted to the
3		Cemetery Oversight Database under the Cemetery Care Act or
4		the Cemetery Oversight Act, whichever is applicable.
5		(dd) Correspondence and records (i) that may not be
6		disclosed under Section 11-9 of the Illinois Public Aid
7		Code or (ii) that pertain to appeals under Section 11-8 of
8		the Illinois Public Aid Code.
9		(ee) The names, addresses, or other personal
10		information of persons who are minors and are also
11		participants and registrants in programs of park
12		districts, forest preserve districts, conservation
13		districts, recreation agencies, and special recreation
14		associations.
15		(ff) The names, addresses, or other personal
16		information of participants and registrants in programs of
17		park districts, forest preserve districts, conservation
18		districts, recreation agencies, and special recreation
19		associations where such programs are targeted primarily to
20		minors.
21		(gg) Confidential information described in Section
22		1-100 of the Illinois Independent Tax Tribunal Act of
23		2012.
24		(hh) The report submitted to the State Board of
25		Education by the School Security and Standards Task Force
26		under item (8) of subsection (d) of Section 2-3.160 of the

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1		School Code and any information contained in that report.
2		(ii) Records requested by persons committed to or
3		detained by the Department of Human Services under the
4		Sexually Violent Persons Commitment Act or committed to
5		the Department of Corrections under the Sexually Dangerous
6		Persons Act if those materials: (i) are available in the
7		library of the facility where the individual is confined;
8		(ii) include records from staff members' personnel files,
9		staff rosters, or other staffing assignment information;
10		or (iii) are available through an administrative request
11		to the Department of Human Services or the Department of
12		Corrections.
13		(jj) Confidential information described in Section
14		5-535 of the Civil Administrative Code of Illinois.
15		(kk) The public body's credit card numbers, debit card
16		numbers, bank account numbers, Federal Employer
17		Identification Number, security code numbers, passwords,
18		and similar account information, the disclosure of which
19		could result in identity theft or impression or defrauding
20		of a governmental entity or a person.
21		(ll) (kk) Records concerning the work of the threat
22		assessment team of a school district.
23		(1.5) Any information exempt from disclosure under the
24		Judicial Privacy Act shall be redacted from public records
25		prior to disclosure under this Act.
26		(2) A public record that is not in the possession of a

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1		public body but is in the possession of a party with whom the
2		agency has contracted to perform a governmental function on
3		behalf of the public body, and that directly relates to the
4		governmental function and is not otherwise exempt under this
5		Act, shall be considered a public record of the public body,
6		for purposes of this Act.
7		(3) This Section does not authorize withholding of
8		information or limit the availability of records to the
9		public, except as stated in this Section or otherwise provided
10		in this Act.
11		(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
12		100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
13		1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
14		Section 25. The State Records Act is amended by changing
15		Section 3 as follows:
16		(5 ILCS 160/3) (from Ch. 116, par. 43.6)
17		Sec. 3. Records as property of State.
18		(a) All records created or received by or under the
19		authority of or coming into the custody, control, or
20		possession of public officials of this State in the course of
21		their public duties are the property of the State. These
22		records may not be mutilated, destroyed, transferred, removed,
23		or otherwise damaged or disposed of, in whole or in part,
24		except as provided by law. Any person shall have the right of

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1		access to any public records, unless access to the records is
2		otherwise limited or prohibited by law. This subsection (a)
3		does not apply to records that are subject to expungement
4		under subsection subsections (1.5) and (1.6) of Section 5-915
5		of the Juvenile Court Act of 1987.
6		(b) Reports and records of the obligation, receipt and use
7		of public funds of the State are public records available for
8		inspection by the public, except as access to such records is
9		otherwise limited or prohibited by law or pursuant to law.
10		These records shall be kept at the official place of business
11		of the State or at a designated place of business of the State.
12		These records shall be available for public inspection during
13		regular office hours except when in immediate use by persons
14		exercising official duties which require the use of those
15		records. Nothing in this section shall require the State to
16		invade or assist in the invasion of any person's right to
17		privacy. Nothing in this Section shall be construed to limit
18		any right given by statute or rule of law with respect to the
19		inspection of other types of records.
20		Warrants and vouchers in the keeping of the State
21		Comptroller may be destroyed by him as authorized in the
22		Comptroller's Records Act "An Act in relation to the
23		reproduction and destruction of records kept by the
24		Comptroller", approved August 1, 1949, as now or hereafter
25		amended after obtaining the approval of the State Records
26		Commission.

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1		(Source: P.A. 98-637, eff. 1-1-15; revised 7-17-19.)
2		Section 30. The State Employees Group Insurance Act of
3		1971 is amended by changing Section 3 as follows:
4		(5 ILCS 375/3) (from Ch. 127, par. 523)
5		Sec. 3. Definitions. Unless the context otherwise
6		requires, the following words and phrases as used in this Act
7		shall have the following meanings. The Department may define
8		these and other words and phrases separately for the purpose
9		of implementing specific programs providing benefits under
10		this Act.
11		(a) "Administrative service organization" means any
12		person, firm or corporation experienced in the handling of
13		claims which is fully qualified, financially sound and capable
14		of meeting the service requirements of a contract of
15		administration executed with the Department.
16		(b) "Annuitant" means (1) an employee who retires, or has
17		retired, on or after January 1, 1966 on an immediate annuity
18		under the provisions of Articles 2, 14 (including an employee
19		who has elected to receive an alternative retirement
20		cancellation payment under Section 14-108.5 of the Illinois
21		Pension Code in lieu of an annuity or who meets the criteria
22		for retirement, but in lieu of receiving an annuity under that
23		Article has elected to receive an accelerated pension benefit
24		payment under Section 14-147.5 of that Article), 15 (including

SB2435 Enrolled - 39 - LRB102 04062 AMC 14078 b
1		an employee who has retired under the optional retirement
2		program established under Section 15-158.2 or who meets the
3		criteria for retirement but in lieu of receiving an annuity
4		under that Article has elected to receive an accelerated
5		pension benefit payment under Section 15-185.5 of the
6		Article), paragraphs (2), (3), or (5) of Section 16-106
7		(including an employee who meets the criteria for retirement,
8		but in lieu of receiving an annuity under that Article has
9		elected to receive an accelerated pension benefit payment
10		under Section 16-190.5 of the Illinois Pension Code), or
11		Article 18 of the Illinois Pension Code; (2) any person who was
12		receiving group insurance coverage under this Act as of March
13		31, 1978 by reason of his status as an annuitant, even though
14		the annuity in relation to which such coverage was provided is
15		a proportional annuity based on less than the minimum period
16		of service required for a retirement annuity in the system
17		involved; (3) any person not otherwise covered by this Act who
18		has retired as a participating member under Article 2 of the
19		Illinois Pension Code but is ineligible for the retirement
20		annuity under Section 2-119 of the Illinois Pension Code; (4)
21		the spouse of any person who is receiving a retirement annuity
22		under Article 18 of the Illinois Pension Code and who is
23		covered under a group health insurance program sponsored by a
24		governmental employer other than the State of Illinois and who
25		has irrevocably elected to waive his or her coverage under
26		this Act and to have his or her spouse considered as the

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1		"annuitant" under this Act and not as a "dependent"; or (5) an
2		employee who retires, or has retired, from a qualified
3		position, as determined according to rules promulgated by the
4		Director, under a qualified local government, a qualified
5		rehabilitation facility, a qualified domestic violence shelter
6		or service, or a qualified child advocacy center. (For
7		definition of "retired employee", see (p) post).
8		(b-5) (Blank).
9		(b-6) (Blank).
10		(b-7) (Blank).
11		(c) "Carrier" means (1) an insurance company, a
12		corporation organized under the Limited Health Service
13		Organization Act or the Voluntary Health Services Plans Plan
14		Act, a partnership, or other nongovernmental organization,
15		which is authorized to do group life or group health insurance
16		business in Illinois, or (2) the State of Illinois as a
17		self-insurer.
18		(d) "Compensation" means salary or wages payable on a
19		regular payroll by the State Treasurer on a warrant of the
20		State Comptroller out of any State, trust or federal fund, or
21		by the Governor of the State through a disbursing officer of
22		the State out of a trust or out of federal funds, or by any
23		Department out of State, trust, federal or other funds held by
24		the State Treasurer or the Department, to any person for
25		personal services currently performed, and ordinary or
26		accidental disability benefits under Articles 2, 14, 15

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1		(including ordinary or accidental disability benefits under
2		the optional retirement program established under Section
3		15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
4		Article 18 of the Illinois Pension Code, for disability
5		incurred after January 1, 1966, or benefits payable under the
6		Workers' Compensation or Occupational Diseases Act or benefits
7		payable under a sick pay plan established in accordance with
8		Section 36 of the State Finance Act. "Compensation" also means
9		salary or wages paid to an employee of any qualified local
10		government, qualified rehabilitation facility, qualified
11		domestic violence shelter or service, or qualified child
12		advocacy center.
13		(e) "Commission" means the State Employees Group Insurance
14		Advisory Commission authorized by this Act. Commencing July 1,
15		1984, "Commission" as used in this Act means the Commission on
16		Government Forecasting and Accountability as established by
17		the Legislative Commission Reorganization Act of 1984.
18		(f) "Contributory", when referred to as contributory
19		coverage, shall mean optional coverages or benefits elected by
20		the member toward the cost of which such member makes
21		contribution, or which are funded in whole or in part through
22		the acceptance of a reduction in earnings or the foregoing of
23		an increase in earnings by an employee, as distinguished from
24		noncontributory coverage or benefits which are paid entirely
25		by the State of Illinois without reduction of the member's
26		salary.

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1		(g) "Department" means any department, institution, board,
2		commission, officer, court or any agency of the State
3		government receiving appropriations and having power to
4		certify payrolls to the Comptroller authorizing payments of
5		salary and wages against such appropriations as are made by
6		the General Assembly from any State fund, or against trust
7		funds held by the State Treasurer and includes boards of
8		trustees of the retirement systems created by Articles 2, 14,
9		15, 16, and 18 of the Illinois Pension Code. "Department" also
10		includes the Illinois Comprehensive Health Insurance Board,
11		the Board of Examiners established under the Illinois Public
12		Accounting Act, and the Illinois Finance Authority.
13		(h) "Dependent", when the term is used in the context of
14		the health and life plan, means a member's spouse and any child
15		(1) from birth to age 26 including an adopted child, a child
16		who lives with the member from the time of the placement for
17		adoption until entry of an order of adoption, a stepchild or
18		adjudicated child, or a child who lives with the member if such
19		member is a court appointed guardian of the child or (2) age 19
20		or over who has a mental or physical disability from a cause
21		originating prior to the age of 19 (age 26 if enrolled as an
22		adult child dependent). For the health plan only, the term
23		"dependent" also includes (1) any person enrolled prior to the
24		effective date of this Section who is dependent upon the
25		member to the extent that the member may claim such person as a
26		dependent for income tax deduction purposes and (2) any person

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1		who has received after June 30, 2000 an organ transplant and
2		who is financially dependent upon the member and eligible to
3		be claimed as a dependent for income tax purposes. A member
4		requesting to cover any dependent must provide documentation
5		as requested by the Department of Central Management Services
6		and file with the Department any and all forms required by the
7		Department.
8		(i) "Director" means the Director of the Illinois
9		Department of Central Management Services.
10		(j) "Eligibility period" means the period of time a member
11		has to elect enrollment in programs or to select benefits
12		without regard to age, sex or health.
13		(k) "Employee" means and includes each officer or employee
14		in the service of a department who (1) receives his
15		compensation for service rendered to the department on a
16		warrant issued pursuant to a payroll certified by a department
17		or on a warrant or check issued and drawn by a department upon
18		a trust, federal or other fund or on a warrant issued pursuant
19		to a payroll certified by an elected or duly appointed officer
20		of the State or who receives payment of the performance of
21		personal services on a warrant issued pursuant to a payroll
22		certified by a Department and drawn by the Comptroller upon
23		the State Treasurer against appropriations made by the General
24		Assembly from any fund or against trust funds held by the State
25		Treasurer, and (2) is employed full-time or part-time in a
26		position normally requiring actual performance of duty during

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1		not less than 1/2 of a normal work period, as established by
2		the Director in cooperation with each department, except that
3		persons elected by popular vote will be considered employees
4		during the entire term for which they are elected regardless
5		of hours devoted to the service of the State, and (3) except
6		that "employee" does not include any person who is not
7		eligible by reason of such person's employment to participate
8		in one of the State retirement systems under Articles 2, 14, 15
9		(either the regular Article 15 system or the optional
10		retirement program established under Section 15-158.2), or 18,
11		or under paragraph (2), (3), or (5) of Section 16-106, of the
12		Illinois Pension Code, but such term does include persons who
13		are employed during the 6 month qualifying period under
14		Article 14 of the Illinois Pension Code. Such term also
15		includes any person who (1) after January 1, 1966, is
16		receiving ordinary or accidental disability benefits under
17		Articles 2, 14, 15 (including ordinary or accidental
18		disability benefits under the optional retirement program
19		established under Section 15-158.2), paragraphs (2), (3), or
20		(5) of Section 16-106, or Article 18 of the Illinois Pension
21		Code, for disability incurred after January 1, 1966, (2)
22		receives total permanent or total temporary disability under
23		the Workers' Compensation Act or Occupational Disease Act as a
24		result of injuries sustained or illness contracted in the
25		course of employment with the State of Illinois, or (3) is not
26		otherwise covered under this Act and has retired as a

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1		participating member under Article 2 of the Illinois Pension
2		Code but is ineligible for the retirement annuity under
3		Section 2-119 of the Illinois Pension Code. However, a person
4		who satisfies the criteria of the foregoing definition of
5		"employee" except that such person is made ineligible to
6		participate in the State Universities Retirement System by
7		clause (4) of subsection (a) of Section 15-107 of the Illinois
8		Pension Code is also an "employee" for the purposes of this
9		Act. "Employee" also includes any person receiving or eligible
10		for benefits under a sick pay plan established in accordance
11		with Section 36 of the State Finance Act. "Employee" also
12		includes (i) each officer or employee in the service of a
13		qualified local government, including persons appointed as
14		trustees of sanitary districts regardless of hours devoted to
15		the service of the sanitary district, (ii) each employee in
16		the service of a qualified rehabilitation facility, (iii) each
17		full-time employee in the service of a qualified domestic
18		violence shelter or service, and (iv) each full-time employee
19		in the service of a qualified child advocacy center, as
20		determined according to rules promulgated by the Director.
21		(l) "Member" means an employee, annuitant, retired
22		employee or survivor. In the case of an annuitant or retired
23		employee who first becomes an annuitant or retired employee on
24		or after January 13, 2012 (the effective date of Public Act
25		97-668) this amendatory Act of the 97th General Assembly, the
26		individual must meet the minimum vesting requirements of the

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1		applicable retirement system in order to be eligible for group
2		insurance benefits under that system. In the case of a
3		survivor who first becomes a survivor on or after January 13,
4		2012 (the effective date of Public Act 97-668) this amendatory
5		Act of the 97th General Assembly, the deceased employee,
6		annuitant, or retired employee upon whom the annuity is based
7		must have been eligible to participate in the group insurance
8		system under the applicable retirement system in order for the
9		survivor to be eligible for group insurance benefits under
10		that system.
11		(m) "Optional coverages or benefits" means those coverages
12		or benefits available to the member on his or her voluntary
13		election, and at his or her own expense.
14		(n) "Program" means the group life insurance, health
15		benefits and other employee benefits designed and contracted
16		for by the Director under this Act.
17		(o) "Health plan" means a health benefits program offered
18		by the State of Illinois for persons eligible for the plan.
19		(p) "Retired employee" means any person who would be an
20		annuitant as that term is defined herein but for the fact that
21		such person retired prior to January 1, 1966. Such term also
22		includes any person formerly employed by the University of
23		Illinois in the Cooperative Extension Service who would be an
24		annuitant but for the fact that such person was made
25		ineligible to participate in the State Universities Retirement
26		System by clause (4) of subsection (a) of Section 15-107 of the

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1		Illinois Pension Code.
2		(q) "Survivor" means a person receiving an annuity as a
3		survivor of an employee or of an annuitant. "Survivor" also
4		includes: (1) the surviving dependent of a person who
5		satisfies the definition of "employee" except that such person
6		is made ineligible to participate in the State Universities
7		Retirement System by clause (4) of subsection (a) of Section
8		15-107 of the Illinois Pension Code; (2) the surviving
9		dependent of any person formerly employed by the University of
10		Illinois in the Cooperative Extension Service who would be an
11		annuitant except for the fact that such person was made
12		ineligible to participate in the State Universities Retirement
13		System by clause (4) of subsection (a) of Section 15-107 of the
14		Illinois Pension Code; (3) the surviving dependent of a person
15		who was an annuitant under this Act by virtue of receiving an
16		alternative retirement cancellation payment under Section
17		14-108.5 of the Illinois Pension Code; and (4) a person who
18		would be receiving an annuity as a survivor of an annuitant
19		except that the annuitant elected on or after June 4, 2018 to
20		receive an accelerated pension benefit payment under Section
21		14-147.5, 15-185.5, or 16-190.5 of the Illinois Pension Code
22		in lieu of receiving an annuity.
23		(q-2) "SERS" means the State Employees' Retirement System
24		of Illinois, created under Article 14 of the Illinois Pension
25		Code.
26		(q-3) "SURS" means the State Universities Retirement

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1		System, created under Article 15 of the Illinois Pension Code.
2		(q-4) "TRS" means the Teachers' Retirement System of the
3		State of Illinois, created under Article 16 of the Illinois
4		Pension Code.
5		(q-5) (Blank).
6		(q-6) (Blank).
7		(q-7) (Blank).
8		(r) "Medical services" means the services provided within
9		the scope of their licenses by practitioners in all categories
10		licensed under the Medical Practice Act of 1987.
11		(s) "Unit of local government" means any county,
12		municipality, township, school district (including a
13		combination of school districts under the Intergovernmental
14		Cooperation Act), special district or other unit, designated
15		as a unit of local government by law, which exercises limited
16		governmental powers or powers in respect to limited
17		governmental subjects, any not-for-profit association with a
18		membership that primarily includes townships and township
19		officials, that has duties that include provision of research
20		service, dissemination of information, and other acts for the
21		purpose of improving township government, and that is funded
22		wholly or partly in accordance with Section 85-15 of the
23		Township Code; any not-for-profit corporation or association,
24		with a membership consisting primarily of municipalities, that
25		operates its own utility system, and provides research,
26		training, dissemination of information, or other acts to

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1		promote cooperation between and among municipalities that
2		provide utility services and for the advancement of the goals
3		and purposes of its membership; the Southern Illinois
4		Collegiate Common Market, which is a consortium of higher
5		education institutions in Southern Illinois; the Illinois
6		Association of Park Districts; and any hospital provider that
7		is owned by a county that has 100 or fewer hospital beds and
8		has not already joined the program. "Qualified local
9		government" means a unit of local government approved by the
10		Director and participating in a program created under
11		subsection (i) of Section 10 of this Act.
12		(t) "Qualified rehabilitation facility" means any
13		not-for-profit organization that is accredited by the
14		Commission on Accreditation of Rehabilitation Facilities or
15		certified by the Department of Human Services (as successor to
16		the Department of Mental Health and Developmental
17		Disabilities) to provide services to persons with disabilities
18		and which receives funds from the State of Illinois for
19		providing those services, approved by the Director and
20		participating in a program created under subsection (j) of
21		Section 10 of this Act.
22		(u) "Qualified domestic violence shelter or service" means
23		any Illinois domestic violence shelter or service and its
24		administrative offices funded by the Department of Human
25		Services (as successor to the Illinois Department of Public
26		Aid), approved by the Director and participating in a program

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1		created under subsection (k) of Section 10.
2		(v) "TRS benefit recipient" means a person who:
3		(1) is not a "member" as defined in this Section; and
4		(2) is receiving a monthly benefit or retirement
5		annuity under Article 16 of the Illinois Pension Code or
6		would be receiving such monthly benefit or retirement
7		annuity except that the benefit recipient elected on or
8		after June 4, 2018 to receive an accelerated pension
9		benefit payment under Section 16-190.5 of the Illinois
10		Pension Code in lieu of receiving an annuity; and
11		(3) either (i) has at least 8 years of creditable
12		service under Article 16 of the Illinois Pension Code, or
13		(ii) was enrolled in the health insurance program offered
14		under that Article on January 1, 1996, or (iii) is the
15		survivor of a benefit recipient who had at least 8 years of
16		creditable service under Article 16 of the Illinois
17		Pension Code or was enrolled in the health insurance
18		program offered under that Article on June 21, 1995 (the
19		effective date of Public Act 89-25) this amendatory Act of
20		1995, or (iv) is a recipient or survivor of a recipient of
21		a disability benefit under Article 16 of the Illinois
22		Pension Code.
23		(w) "TRS dependent beneficiary" means a person who:
24		(1) is not a "member" or "dependent" as defined in
25		this Section; and
26		(2) is a TRS benefit recipient's: (A) spouse, (B)

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1		dependent parent who is receiving at least half of his or
2		her support from the TRS benefit recipient, or (C)
3		natural, step, adjudicated, or adopted child who is (i)
4		under age 26, (ii) was, on January 1, 1996, participating
5		as a dependent beneficiary in the health insurance program
6		offered under Article 16 of the Illinois Pension Code, or
7		(iii) age 19 or over who has a mental or physical
8		disability from a cause originating prior to the age of 19
9		(age 26 if enrolled as an adult child).
10		"TRS dependent beneficiary" does not include, as indicated
11		under paragraph (2) of this subsection (w), a dependent of the
12		survivor of a TRS benefit recipient who first becomes a
13		dependent of a survivor of a TRS benefit recipient on or after
14		January 13, 2012 (the effective date of Public Act 97-668)
15		this amendatory Act of the 97th General Assembly unless that
16		dependent would have been eligible for coverage as a dependent
17		of the deceased TRS benefit recipient upon whom the survivor
18		benefit is based.
19		(x) "Military leave" refers to individuals in basic
20		training for reserves, special/advanced training, annual
21		training, emergency call up, activation by the President of
22		the United States, or any other training or duty in service to
23		the United States Armed Forces.
24		(y) (Blank).
25		(z) "Community college benefit recipient" means a person
26		who:

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1		(1) is not a "member" as defined in this Section; and
2		(2) is receiving a monthly survivor's annuity or
3		retirement annuity under Article 15 of the Illinois
4		Pension Code or would be receiving such monthly survivor's
5		annuity or retirement annuity except that the benefit
6		recipient elected on or after June 4, 2018 to receive an
7		accelerated pension benefit payment under Section 15-185.5
8		of the Illinois Pension Code in lieu of receiving an
9		annuity; and
10		(3) either (i) was a full-time employee of a community
11		college district or an association of community college
12		boards created under the Public Community College Act
13		(other than an employee whose last employer under Article
14		15 of the Illinois Pension Code was a community college
15		district subject to Article VII of the Public Community
16		College Act) and was eligible to participate in a group
17		health benefit plan as an employee during the time of
18		employment with a community college district (other than a
19		community college district subject to Article VII of the
20		Public Community College Act) or an association of
21		community college boards, or (ii) is the survivor of a
22		person described in item (i).
23		(aa) "Community college dependent beneficiary" means a
24		person who:
25		(1) is not a "member" or "dependent" as defined in
26		this Section; and

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1		(2) is a community college benefit recipient's: (A)
2		spouse, (B) dependent parent who is receiving at least
3		half of his or her support from the community college
4		benefit recipient, or (C) natural, step, adjudicated, or
5		adopted child who is (i) under age 26, or (ii) age 19 or
6		over and has a mental or physical disability from a cause
7		originating prior to the age of 19 (age 26 if enrolled as
8		an adult child).
9		"Community college dependent beneficiary" does not
10		include, as indicated under paragraph (2) of this subsection
11		(aa), a dependent of the survivor of a community college
12		benefit recipient who first becomes a dependent of a survivor
13		of a community college benefit recipient on or after January
14		13, 2012 (the effective date of Public Act 97-668) this
15		amendatory Act of the 97th General Assembly unless that
16		dependent would have been eligible for coverage as a dependent
17		of the deceased community college benefit recipient upon whom
18		the survivor annuity is based.
19		(bb) "Qualified child advocacy center" means any Illinois
20		child advocacy center and its administrative offices funded by
21		the Department of Children and Family Services, as defined by
22		the Children's Advocacy Center Act (55 ILCS 80/), approved by
23		the Director and participating in a program created under
24		subsection (n) of Section 10.
25		(cc) "Placement for adoption" means the assumption and
26		retention by a member of a legal obligation for total or

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1		partial support of a child in anticipation of adoption of the
2		child. The child's placement with the member terminates upon
3		the termination of such legal obligation.
4		(Source: P.A. 100-355, eff. 1-1-18; 100-587, eff. 6-4-18;
5		101-242, eff. 8-9-19; revised 9-19-19.)
6		Section 40. The Illinois Governmental Ethics Act is
7		amended by changing Section 4A-108 as follows:
8		(5 ILCS 420/4A-108)
9		Sec. 4A-108. Internet-based systems of filing.
10		(a) Notwithstanding any other provision of this Act or any
11		other law, the Secretary of State and county clerks are
12		authorized to institute an Internet-based system for the
13		filing of statements of economic interests in their offices.
14		With respect to county clerk systems, the determination to
15		institute such a system shall be in the sole discretion of the
16		county clerk and shall meet the requirements set out in this
17		Section. With respect to a Secretary of State system, the
18		determination to institute such a system shall be in the sole
19		discretion of the Secretary of State and shall meet the
20		requirements set out in this Section and those Sections of the
21		State Officials and Employees Ethics Act requiring ethics
22		officer review prior to filing. The system shall be capable of
23		allowing an ethics officer to approve a statement of economic
24		interests and shall include a means to amend a statement of

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1		economic interests. When this Section does not modify or
2		remove the requirements set forth elsewhere in this Article,
3		those requirements shall apply to any system of Internet-based
4		filing authorized by this Section. When this Section does
5		modify or remove the requirements set forth elsewhere in this
6		Article, the provisions of this Section shall apply to any
7		system of Internet-based filing authorized by this Section.
8		(b) In any system of Internet-based filing of statements
9		of economic interests instituted by the Secretary of State or
10		a county clerk:
11		(1) Any filing of an Internet-based statement of
12		economic interests shall be the equivalent of the filing
13		of a verified, written statement of economic interests as
14		required by Section 4A-101 or 4A-101.5 and the equivalent
15		of the filing of a verified, dated, and signed statement
16		of economic interests as required by Section 4A-104.
17		(2) The Secretary of State and county clerks who
18		institute a system of Internet-based filing of statements
19		of economic interests shall establish a password-protected
20		website to receive the filings of such statements. A
21		website established under this Section shall set forth and
22		provide a means of responding to the items set forth in
23		Section 4A-102 that are required of a person who files a
24		statement of economic interests with that officer. A
25		website established under this Section shall set forth and
26		provide a means of generating a printable receipt page

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1		acknowledging filing.
2		(3) The times for the filing of statements of economic
3		interests set forth in Section 4A-105 shall be followed in
4		any system of Internet-based filing of statements of
5		economic interests; provided that a candidate for elective
6		office who is required to file a statement of economic
7		interests in relation to his or her candidacy pursuant to
8		Section 4A-105(a) shall receive a written or printed
9		receipt for his or her filing.
10		A candidate filing for Governor, Lieutenant Governor,
11		Attorney General, Secretary of State, Treasurer,
12		Comptroller, State Senate, or State House of
13		Representatives shall not use the Internet to file his or
14		her statement of economic interests, but shall file his or
15		her statement of economic interests in a written or
16		printed form and shall receive a written or printed
17		receipt for his or her filing. Annually, the duly
18		appointed ethics officer for each legislative caucus shall
19		certify to the Secretary of State whether his or her
20		caucus members will file their statements of economic
21		interests electronically or in a written or printed format
22		for that year. If the ethics officer for a caucus
23		certifies that the statements of economic interests shall
24		be written or printed, then members of the General
25		Assembly of that caucus shall not use the Internet to file
26		his or her statement of economic interests, but shall file

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1		his or her statement of economic interests in a written or
2		printed form and shall receive a written or printed
3		receipt for his or her filing. If no certification is made
4		by an ethics officer for a legislative caucus, or if a
5		member of the General Assembly is not affiliated with a
6		legislative caucus, then the affected member or members of
7		the General Assembly may file their statements of economic
8		interests using the Internet.
9		(4) In the first year of the implementation of a
10		system of Internet-based filing of statements of economic
11		interests, each person required to file such a statement
12		is to be notified in writing of his or her obligation to
13		file his or her statement of economic interests by way of
14		the Internet-based system. If access to the website web
15		site requires a code or password, this information shall
16		be included in the notice prescribed by this paragraph.
17		(5) When a person required to file a statement of
18		economic interests has supplied the Secretary of State or
19		a county clerk, as applicable, with an email address for
20		the purpose of receiving notices under this Article by
21		email, a notice sent by email to the supplied email
22		address shall be the equivalent of a notice sent by first
23		class mail, as set forth in Section 4A-106 or 4A-106.5. A
24		person who has supplied such an email address shall notify
25		the Secretary of State or county clerk, as applicable,
26		when his or her email address changes or if he or she no

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1		longer wishes to receive notices by email.
2		(6) If any person who is required to file a statement
3		of economic interests and who has chosen to receive
4		notices by email fails to file his or her statement by May
5		10, then the Secretary of State or county clerk, as
6		applicable, shall send an additional email notice on that
7		date, informing the person that he or she has not filed and
8		describing the penalties for late filing and failing to
9		file. This notice shall be in addition to other notices
10		provided for in this Article.
11		(7) The Secretary of State and each county clerk who
12		institutes a system of Internet-based filing of statements
13		of economic interests may also institute an Internet-based
14		process for the filing of the list of names and addresses
15		of persons required to file statements of economic
16		interests by the chief administrative officers that must
17		file such information with the Secretary of State or
18		county clerk, as applicable, pursuant to Section 4A-106 or
19		4A-106.5. Whenever the Secretary of State or a county
20		clerk institutes such a system under this paragraph, every
21		chief administrative officer must use the system to file
22		this information.
23		(8) The Secretary of State and any county clerk who
24		institutes a system of Internet-based filing of statements
25		of economic interests shall post the contents of such
26		statements filed with him or her available for inspection

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1		and copying on a publicly accessible website. Such
2		postings shall not include the addresses or signatures of
3		the filers.
4		(Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19;
5		revised 9-12-19.)
6		Section 45. The State Officials and Employees Ethics Act
7		is amended by changing Sections 20-10 and 25-10 as follows:
8		(5 ILCS 430/20-10)
9		Sec. 20-10. Offices of Executive Inspectors General.
10		(a) Five independent Offices of the Executive Inspector
11		General are created, one each for the Governor, the Attorney
12		General, the Secretary of State, the Comptroller, and the
13		Treasurer. Each Office shall be under the direction and
14		supervision of an Executive Inspector General and shall be a
15		fully independent office with separate appropriations.
16		(b) The Governor, Attorney General, Secretary of State,
17		Comptroller, and Treasurer shall each appoint an Executive
18		Inspector General, without regard to political affiliation and
19		solely on the basis of integrity and demonstrated ability.
20		Appointments shall be made by and with the advice and consent
21		of the Senate by three-fifths of the elected members
22		concurring by record vote. Any nomination not acted upon by
23		the Senate within 60 session days of the receipt thereof shall
24		be deemed to have received the advice and consent of the

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1		Senate. If, during a recess of the Senate, there is a vacancy
2		in an office of Executive Inspector General, the appointing
3		authority shall make a temporary appointment until the next
4		meeting of the Senate when the appointing authority shall make
5		a nomination to fill that office. No person rejected for an
6		office of Executive Inspector General shall, except by the
7		Senate's request, be nominated again for that office at the
8		same session of the Senate or be appointed to that office
9		during a recess of that Senate.
10		Nothing in this Article precludes the appointment by the
11		Governor, Attorney General, Secretary of State, Comptroller,
12		or Treasurer of any other inspector general required or
13		permitted by law. The Governor, Attorney General, Secretary of
14		State, Comptroller, and Treasurer each may appoint an existing
15		inspector general as the Executive Inspector General required
16		by this Article, provided that such an inspector general is
17		not prohibited by law, rule, jurisdiction, qualification, or
18		interest from serving as the Executive Inspector General
19		required by this Article. An appointing authority may not
20		appoint a relative as an Executive Inspector General.
21		Each Executive Inspector General shall have the following
22		qualifications:
23		(1) has not been convicted of any felony under the
24		laws of this State, another State, or the United States;
25		(2) has earned a baccalaureate degree from an
26		institution of higher education; and

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1		(3) has 5 or more years of cumulative service (A) with
2		a federal, State, or local law enforcement agency, at
3		least 2 years of which have been in a progressive
4		investigatory capacity; (B) as a federal, State, or local
5		prosecutor; (C) as a senior manager or executive of a
6		federal, State, or local agency; (D) as a member, an
7		officer, or a State or federal judge; or (E) representing
8		any combination of items (A) through (D).
9		The term of each initial Executive Inspector General shall
10		commence upon qualification and shall run through June 30,
11		2008. The initial appointments shall be made within 60 days
12		after the effective date of this Act.
13		After the initial term, each Executive Inspector General
14		shall serve for 5-year terms commencing on July 1 of the year
15		of appointment and running through June 30 of the fifth
16		following year. An Executive Inspector General may be
17		reappointed to one or more subsequent terms.
18		A vacancy occurring other than at the end of a term shall
19		be filled by the appointing authority only for the balance of
20		the term of the Executive Inspector General whose office is
21		vacant.
22		Terms shall run regardless of whether the position is
23		filled.
24		(c) The Executive Inspector General appointed by the
25		Attorney General shall have jurisdiction over the Attorney
26		General and all officers and employees of, and vendors and

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1		others doing business with, State agencies within the
2		jurisdiction of the Attorney General. The Executive Inspector
3		General appointed by the Secretary of State shall have
4		jurisdiction over the Secretary of State and all officers and
5		employees of, and vendors and others doing business with,
6		State agencies within the jurisdiction of the Secretary of
7		State. The Executive Inspector General appointed by the
8		Comptroller shall have jurisdiction over the Comptroller and
9		all officers and employees of, and vendors and others doing
10		business with, State agencies within the jurisdiction of the
11		Comptroller. The Executive Inspector General appointed by the
12		Treasurer shall have jurisdiction over the Treasurer and all
13		officers and employees of, and vendors and others doing
14		business with, State agencies within the jurisdiction of the
15		Treasurer. The Executive Inspector General appointed by the
16		Governor shall have jurisdiction over (i) the Governor, (ii)
17		the Lieutenant Governor, (iii) all officers and employees of,
18		and vendors and others doing business with, executive branch
19		State agencies under the jurisdiction of the Executive Ethics
20		Commission and not within the jurisdiction of the Attorney
21		General, the Secretary of State, the Comptroller, or the
22		Treasurer, and (iv) all board members and employees of the
23		Regional Transit Boards and all vendors and others doing
24		business with the Regional Transit Boards.
25		The jurisdiction of each Executive Inspector General is to
26		investigate allegations of fraud, waste, abuse, mismanagement,

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1		misconduct, nonfeasance, misfeasance, malfeasance, or
2		violations of this Act or violations of other related laws and
3		rules.
4		Each Executive Inspector General shall have jurisdiction
5		over complainants in violation of subsection (e) of Section
6		20-63 for disclosing a summary report prepared by the
7		respective Executive Inspector General.
8		(d) The compensation for each Executive Inspector General
9		shall be determined by the Executive Ethics Commission and
10		shall be made from appropriations made to the Comptroller for
11		this purpose. Subject to Section 20-45 of this Act, each
12		Executive Inspector General has full authority to organize his
13		or her Office of the Executive Inspector General, including
14		the employment and determination of the compensation of staff,
15		such as deputies, assistants, and other employees, as
16		appropriations permit. A separate appropriation shall be made
17		for each Office of Executive Inspector General.
18		(e) No Executive Inspector General or employee of the
19		Office of the Executive Inspector General may, during his or
20		her term of appointment or employment:
21		(1) become a candidate for any elective office;
22		(2) hold any other elected or appointed public office
23		except for appointments on governmental advisory boards or
24		study commissions or as otherwise expressly authorized by
25		law;
26		(3) be actively involved in the affairs of any

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1		political party or political organization; or
2		(4) advocate for the appointment of another person to
3		an appointed or elected office or position or actively
4		participate in any campaign for any elective office.
5		In this subsection an appointed public office means a
6		position authorized by law that is filled by an appointing
7		authority as provided by law and does not include employment
8		by hiring in the ordinary course of business.
9		(e-1) No Executive Inspector General or employee of the
10		Office of the Executive Inspector General may, for one year
11		after the termination of his or her appointment or employment:
12		(1) become a candidate for any elective office;
13		(2) hold any elected public office; or
14		(3) hold any appointed State, county, or local
15		judicial office.
16		(e-2) The requirements of item (3) of subsection (e-1) may
17		be waived by the Executive Ethics Commission.
18		(f) An Executive Inspector General may be removed only for
19		cause and may be removed only by the appointing constitutional
20		officer. At the time of the removal, the appointing
21		constitutional officer must report to the Executive Ethics
22		Commission the justification for the removal.
23		(Source: P.A. 101-221, eff. 8-9-19; revised 9-13-19.)
24		(5 ILCS 430/25-10)
25		Sec. 25-10. Office of Legislative Inspector General.

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1		(a) The independent Office of the Legislative Inspector
2		General is created. The Office shall be under the direction
3		and supervision of the Legislative Inspector General and shall
4		be a fully independent office with its own appropriation.
5		(b) The Legislative Inspector General shall be appointed
6		without regard to political affiliation and solely on the
7		basis of integrity and demonstrated ability. The Legislative
8		Ethics Commission shall diligently search out qualified
9		candidates for Legislative Inspector General and shall make
10		recommendations to the General Assembly. The Legislative
11		Inspector General may serve in a full-time, part-time, or
12		contractual capacity.
13		The Legislative Inspector General shall be appointed by a
14		joint resolution of the Senate and the House of
15		Representatives, which may specify the date on which the
16		appointment takes effect. A joint resolution, or other
17		document as may be specified by the Joint Rules of the General
18		Assembly, appointing the Legislative Inspector General must be
19		certified by the Speaker of the House of Representatives and
20		the President of the Senate as having been adopted by the
21		affirmative vote of three-fifths of the members elected to
22		each house, respectively, and be filed with the Secretary of
23		State. The appointment of the Legislative Inspector General
24		takes effect on the day the appointment is completed by the
25		General Assembly, unless the appointment specifies a later
26		date on which it is to become effective.

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1		The Legislative Inspector General shall have the following
2		qualifications:
3		(1) has not been convicted of any felony under the
4		laws of this State, another state, or the United States;
5		(2) has earned a baccalaureate degree from an
6		institution of higher education; and
7		(3) has 5 or more years of cumulative service (A) with
8		a federal, State, or local law enforcement agency, at
9		least 2 years of which have been in a progressive
10		investigatory capacity; (B) as a federal, State, or local
11		prosecutor; (C) as a senior manager or executive of a
12		federal, State, or local agency; (D) as a member, an
13		officer, or a State or federal judge; or (E) representing
14		any combination of items (A) through (D).
15		The Legislative Inspector General may not be a relative of
16		a commissioner.
17		The term of the initial Legislative Inspector General
18		shall commence upon qualification and shall run through June
19		30, 2008.
20		After the initial term, the Legislative Inspector General
21		shall serve for 5-year terms commencing on July 1 of the year
22		of appointment and running through June 30 of the fifth
23		following year. The Legislative Inspector General may be
24		reappointed to one or more subsequent terms. Terms shall run
25		regardless of whether the position is filled.
26		(b-5) A vacancy occurring other than at the end of a term

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1		shall be filled in the same manner as an appointment only for
2		the balance of the term of the Legislative Inspector General
3		whose office is vacant. Within 7 days of the Office becoming
4		vacant or receipt of a Legislative Inspector General's
5		prospective resignation, the vacancy shall be publicly posted
6		on the Commission's website, along with a description of the
7		requirements for the position and where applicants may apply.
8		Within 45 days of the vacancy, the Commission shall
9		designate an Acting Legislative Inspector General who shall
10		serve until the vacancy is filled. The Commission shall file
11		the designation in writing with the Secretary of State.
12		Within 60 days prior to the end of the term of the
13		Legislative Inspector General or within 30 days of the
14		occurrence of a vacancy in the Office of the Legislative
15		Inspector General, the Legislative Ethics Commission shall
16		establish a four-member search committee within the Commission
17		for the purpose of conducting a search for qualified
18		candidates to serve as Legislative Inspector General. The
19		Speaker of the House of Representatives, Minority Leader of
20		the House, Senate President, and Minority Leader of the Senate
21		shall each appoint one member to the search committee. A
22		member of the search committee shall be either a retired judge
23		or former prosecutor and may not be a member or employee of the
24		General Assembly or a registered lobbyist. If the Legislative
25		Ethics Commission wishes to recommend that the Legislative
26		Inspector General be re-appointed, a search committee does not

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1		need to be appointed.
2		The search committee shall conduct a search for qualified
3		candidates, accept applications, and conduct interviews. The
4		search committee shall recommend up to 3 candidates for
5		Legislative Inspector General to the Legislative Ethics
6		Commission. The search committee shall be disbanded upon an
7		appointment of the Legislative Inspector General. Members of
8		the search committee are not entitled to compensation but
9		shall be entitled to reimbursement of reasonable expenses
10		incurred in connection with the performance of their duties.
11		Within 30 days after June 8, 2018 (the effective date of
12		Public Act 100-588) this amendatory Act of the 100th General
13		Assembly, the Legislative Ethics Commission shall create a
14		search committee in the manner provided for in this subsection
15		to recommend up to 3 candidates for Legislative Inspector
16		General to the Legislative Ethics Commission by October 31,
17		2018.
18		If a vacancy exists and the Commission has not appointed
19		an Acting Legislative Inspector General, either the staff of
20		the Office of the Legislative Inspector General, or if there
21		is no staff, the Executive Director, shall advise the
22		Commission of all open investigations and any new allegations
23		or complaints received in the Office of the Inspector General.
24		These reports shall not include the name of any person
25		identified in the allegation or complaint, including, but not
26		limited to, the subject of and the person filing the

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1		allegation or complaint. Notification shall be made to the
2		Commission on a weekly basis unless the Commission approves of
3		a different reporting schedule.
4		If the Office of the Inspector General is vacant for 6
5		months or more beginning on or after January 1, 2019, and the
6		Legislative Ethics Commission has not appointed an Acting
7		Legislative Inspector General, all complaints made to the
8		Legislative Inspector General or the Legislative Ethics
9		Commission shall be directed to the Inspector General for the
10		Auditor General, and he or she shall have the authority to act
11		as provided in subsection (c) of this Section and Section
12		25-20 of this Act, and shall be subject to all laws and rules
13		governing a Legislative Inspector General or Acting
14		Legislative Inspector General. The authority for the Inspector
15		General of the Auditor General under this paragraph shall
16		terminate upon appointment of a Legislative Inspector General
17		or an Acting Legislative Inspector General.
18		(c) The Legislative Inspector General shall have
19		jurisdiction over the current and former members of the
20		General Assembly regarding events occurring during a member's
21		term of office and current and former State employees
22		regarding events occurring during any period of employment
23		where the State employee's ultimate jurisdictional authority
24		is (i) a legislative leader, (ii) the Senate Operations
25		Commission, or (iii) the Joint Committee on Legislative
26		Support Services.

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1		The jurisdiction of each Legislative Inspector General is
2		to investigate allegations of fraud, waste, abuse,
3		mismanagement, misconduct, nonfeasance, misfeasance,
4		malfeasance, or violations of this Act or violations of other
5		related laws and rules.
6		The Legislative Inspector General shall have jurisdiction
7		over complainants in violation of subsection (e) of Section
8		25-63 of this Act.
9		(d) The compensation of the Legislative Inspector General
10		shall be the greater of an amount (i) determined (i) by the
11		Commission or (ii) by joint resolution of the General Assembly
12		passed by a majority of members elected in each chamber.
13		Subject to Section 25-45 of this Act, the Legislative
14		Inspector General has full authority to organize the Office of
15		the Legislative Inspector General, including the employment
16		and determination of the compensation of staff, such as
17		deputies, assistants, and other employees, as appropriations
18		permit. Employment of staff is subject to the approval of at
19		least 3 of the 4 legislative leaders.
20		(e) No Legislative Inspector General or employee of the
21		Office of the Legislative Inspector General may, during his or
22		her term of appointment or employment:
23		(1) become a candidate for any elective office;
24		(2) hold any other elected or appointed public office
25		except for appointments on governmental advisory boards or
26		study commissions or as otherwise expressly authorized by

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1		law;
2		(3) be actively involved in the affairs of any
3		political party or political organization; or
4		(4) actively participate in any campaign for any
5		elective office.
6		A full-time Legislative Inspector General shall not engage
7		in the practice of law or any other business, employment, or
8		vocation.
9		In this subsection an appointed public office means a
10		position authorized by law that is filled by an appointing
11		authority as provided by law and does not include employment
12		by hiring in the ordinary course of business.
13		(e-1) No Legislative Inspector General or employee of the
14		Office of the Legislative Inspector General may, for one year
15		after the termination of his or her appointment or employment:
16		(1) become a candidate for any elective office;
17		(2) hold any elected public office; or
18		(3) hold any appointed State, county, or local
19		judicial office.
20		(e-2) The requirements of item (3) of subsection (e-1) may
21		be waived by the Legislative Ethics Commission.
22		(f) The Commission may remove the Legislative Inspector
23		General only for cause. At the time of the removal, the
24		Commission must report to the General Assembly the
25		justification for the removal.
26		(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19;

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1		revised 9-12-19.)
2		Section 50. The Seizure and Forfeiture Reporting Act is
3		amended by changing Section 5 as follows:
4		(5 ILCS 810/5)
5		Sec. 5. Applicability. This Act is applicable to property
6		seized or forfeited under the following provisions of law:
7		(1) Section 3.23 of the Illinois Food, Drug and
8		Cosmetic Act;
9		(2) Section 44.1 of the Environmental Protection Act;
10		(3) Section 105-55 of the Herptiles-Herps Act;
11		(4) Section 1-215 of the Fish and Aquatic Life Code;
12		(5) Section 1.25 of the Wildlife Code;
13		(6) Section 17-10.6 of the Criminal Code of 2012
14		(financial institution fraud);
15		(7) Section 28-5 of the Criminal Code of 2012
16		(gambling);
17		(8) Article 29B of the Criminal Code of 2012 (money
18		laundering);
19		(9) Article 33G of the Criminal Code of 2012 (Illinois
20		Street Gang and Racketeer Influenced And Corrupt
21		Organizations Law);
22		(10) Article 36 of the Criminal Code of 2012 (seizure
23		and forfeiture of vessels, vehicles, and aircraft);
24		(11) Section 47-15 of the Criminal Code of 2012

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1		(dumping garbage upon real property);
2		(12) Article 124B of the Code of Criminal Procedure of
3		1963 procedure (forfeiture);
4		(13) the Drug Asset Forfeiture Procedure Act;
5		(14) the Narcotics Profit Forfeiture Act;
6		(15) the Illinois Streetgang Terrorism Omnibus
7		Prevention Act; and
8		(16) the Illinois Securities Law of 1953.
9		(Source: P.A. 100-512, eff. 7-1-18; revised 9-9-19.)
10		Section 55. The Gun Trafficking Information Act is amended
11		by changing Section 10-1 as follows:
12		(5 ILCS 830/10-1)
13		Sec. 10-1. Short title. This Article 10 5 may be cited as
14		the Gun Trafficking Information Act. References in this
15		Article to "this Act" mean this Article.
16		(Source: P.A. 100-1178, eff. 1-18-19; revised 7-17-19.)
17		Section 60. The Election Code is amended by changing
18		Sections 1A-3, 1A-45, 2A-1.2, 6-50.2, 6A-3, and 9-15 as
19		follows:
20		(10 ILCS 5/1A-3) (from Ch. 46, par. 1A-3)
21		Sec. 1A-3. Subject to the confirmation requirements of
22		Section 1A-4, 4 members of the State Board of Elections shall

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1		be appointed in each odd-numbered year as follows:
2		(1) The Governor shall appoint 2 members of the same
3		political party with which he is affiliated, one from each
4		area of required residence.
5		(2) The Governor shall appoint 2 members of the
6		political party whose candidate for Governor in the most
7		recent general election received the second highest number
8		of votes, one from each area of required residence, from a
9		list of nominees submitted by the first state executive
10		officer in the order indicated herein affiliated with such
11		political party: Attorney General, Secretary of State,
12		Comptroller, and Treasurer. If none of the State executive
13		officers listed herein is affiliated with such political
14		party, the nominating State officer shall be the first
15		State executive officer in the order indicated herein
16		affiliated with an established political party other than
17		that of the Governor.
18		(3) The nominating state officer shall submit in
19		writing to the Governor 3 names of qualified persons for
20		each membership on the State Board of Elections Election
21		to be appointed from the political party of that officer.
22		The Governor may reject any or all of the nominees on any
23		such list and may request an additional list. The second
24		list shall be submitted by the nominating officer and
25		shall contain 3 new names of qualified persons for each
26		remaining appointment, except that if the Governor

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1		expressly reserves any nominee's name from the first list,
2		that nominee shall not be replaced on the second list. The
3		second list shall be final.
4		(4) Whenever all the state executive officers
5		designated in paragraph (2) are affiliated with the same
6		political party as that of the Governor, all 4 members of
7		the Board to be appointed that year, from both designated
8		political parties, shall be appointed by the Governor
9		without nominations.
10		(5) The Governor shall submit in writing to the
11		President of the Senate the name of each person appointed
12		to the State Board of Elections, and shall designate the
13		term for which the appointment is made and the name of the
14		member whom the appointee is to succeed.
15		(6) The appointments shall be made and submitted by
16		the Governor no later than April 1 and a nominating state
17		officer required to submit a list of nominees to the
18		Governor pursuant to paragraph (3) shall submit a list no
19		later than March 1. For appointments occurring in 2019,
20		the appointments shall be made and submitted by the
21		Governor no later than May 15.
22		(7) In the appointment of the initial members of the
23		Board pursuant to this amendatory Act of 1978, the
24		provisions of paragraphs (1), (2), (3), (5), and (6) of
25		this Section shall apply except that the Governor shall
26		appoint all 8 members, 2 from each of the designated

SB2435 Enrolled - 76 - LRB102 04062 AMC 14078 b
1		political parties from each area of required residence.
2		(Source: P.A. 101-5, eff. 5-15-19; revised 9-9-19.)
3		(10 ILCS 5/1A-45)
4		Sec. 1A-45. Electronic Registration Information Center.
5		(a) The State Board of Elections shall enter into an
6		agreement with the Electronic Registration Information Center
7		effective no later than January 1, 2016, for the purpose of
8		maintaining a statewide voter registration database. The State
9		Board of Elections shall comply with the requirements of the
10		Electronic Registration Information Center Membership
11		Agreement. The State Board of Elections shall require a term
12		in the Electronic Registration Information Center Membership
13		Agreement that requires the State to share identification
14		records contained in the Secretary of State's Driver Services
15		Department and Vehicle Services Department, the Department of
16		Human Services, the Department of Healthcare and Family
17		Services, the Department on of Aging, and the Department of
18		Employment Security databases (excluding those fields
19		unrelated to voter eligibility, such as income or health
20		information).
21		(b) The Secretary of State and the State Board of
22		Elections shall enter into an agreement to permit the
23		Secretary of State to provide the State Board of Elections
24		with any information required for compliance with the
25		Electronic Registration Information Center Membership

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1		Agreement. The Secretary of State shall deliver this
2		information as frequently as necessary for the State Board of
3		Elections to comply with the Electronic Registration
4		Information Center Membership Agreement.
5		(b-5) The State Board of Elections and the Department of
6		Human Services, the Department of Healthcare and Family
7		Services, the Department on Aging, and the Department of
8		Employment Security shall enter into an agreement to require
9		each department to provide the State Board of Elections with
10		any information necessary to transmit member data under the
11		Electronic Registration Information Center Membership
12		Agreement. The director or secretary, as applicable, of each
13		agency shall deliver this information on an annual basis to
14		the State Board of Elections pursuant to the agreement between
15		the entities.
16		(c) Any communication required to be delivered to a
17		registrant or potential registrant pursuant to the Electronic
18		Registration Information Center Membership Agreement shall
19		include at least the following message:
20		"Our records show people at this address may not be
21		registered to vote at this address, but you may be
22		eligible to register to vote or re-register to vote at
23		this address. If you are a U.S. Citizen, a resident of
24		Illinois, and will be 18 years old or older before the next
25		general election in November, you are qualified to vote.
26		We invite you to check your registration online at

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1		(enter URL) or register to vote online at (enter URL), by
2		requesting a mail-in voter registration form by (enter
3		instructions for requesting a mail-in voter registration
4		form), or visiting the (name of election authority) office
5		at (address of election authority)."
6		The words "register to vote online at (enter URL)" shall
7		be bolded and of a distinct nature from the other words in the
8		message required by this subsection (c).
9		(d) Any communication required to be delivered to a
10		potential registrant that has been identified by the
11		Electronic Registration Information Center as eligible to vote
12		but who is not registered to vote in Illinois shall be prepared
13		and disseminated at the direction of the State Board of
14		Elections. All other communications with potential registrants
15		or re-registrants pursuant to the Electronic Registration
16		Information Center Membership Agreement shall be prepared and
17		disseminated at the direction of the appropriate election
18		authority.
19		(e) The Executive Director of the State Board of Elections
20		or his or her designee shall serve as the Member
21		Representative to the Electronic Registration Information
22		Center.
23		(f) The State Board of Elections may adopt any rules
24		necessary to enforce this Section or comply with the
25		Electronic Registration Information Center Membership
26		Agreement.

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1		(Source: P.A. 98-1171, eff. 6-1-15; revised 7-17-19.)
2		(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
3		Sec. 2A-1.2. Consolidated schedule of elections; offices
4		elections - offices designated.
5		(a) At the general election in the appropriate
6		even-numbered years, the following offices shall be filled or
7		shall be on the ballot as otherwise required by this Code:
8		(1) Elector of President and Vice President of the
9		United States;
10		(2) United States Senator and United States
11		Representative;
12		(3) State Executive Branch elected officers;
13		(4) State Senator and State Representative;
14		(5) County elected officers, including State's
15		Attorney, County Board member, County Commissioners, and
16		elected President of the County Board or County Chief
17		Executive;
18		(6) Circuit Court Clerk;
19		(7) Regional Superintendent of Schools, except in
20		counties or educational service regions in which that
21		office has been abolished;
22		(8) Judges of the Supreme, Appellate and Circuit
23		Courts, on the question of retention, to fill vacancies
24		and newly created judicial offices;
25		(9) (Blank);

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1		(10) Trustee of the Metropolitan Water Reclamation
2		Sanitary District of Greater Chicago, and elected Trustee
3		of other Sanitary Districts;
4		(11) Special District elected officers, not otherwise
5		designated in this Section, where the statute creating or
6		authorizing the creation of the district requires an
7		annual election and permits or requires election of
8		candidates of political parties.
9		(b) At the general primary election:
10		(1) in each even-numbered year candidates of political
11		parties shall be nominated for those offices to be filled
12		at the general election in that year, except where
13		pursuant to law nomination of candidates of political
14		parties is made by caucus.
15		(2) in the appropriate even-numbered years the
16		political party offices of State central committeeperson,
17		township committeeperson, ward committeeperson, and
18		precinct committeeperson shall be filled and delegates and
19		alternate delegates to the National nominating conventions
20		shall be elected as may be required pursuant to this Code.
21		In the even-numbered years in which a Presidential
22		election is to be held, candidates in the Presidential
23		preference primary shall also be on the ballot.
24		(3) in each even-numbered year, where the municipality
25		has provided for annual elections to elect municipal
26		officers pursuant to Section 6(f) or Section 7 of Article

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1		VII of the Constitution, pursuant to the Illinois
2		Municipal Code or pursuant to the municipal charter, the
3		offices of such municipal officers shall be filled at an
4		election held on the date of the general primary election,
5		provided that the municipal election shall be a
6		nonpartisan election where required by the Illinois
7		Municipal Code. For partisan municipal elections in
8		even-numbered years, a primary to nominate candidates for
9		municipal office to be elected at the general primary
10		election shall be held on the Tuesday 6 weeks preceding
11		that election.
12		(4) in each school district which has adopted the
13		provisions of Article 33 of the School Code, successors to
14		the members of the board of education whose terms expire
15		in the year in which the general primary is held shall be
16		elected.
17		(c) At the consolidated election in the appropriate
18		odd-numbered years, the following offices shall be filled:
19		(1) Municipal officers, provided that in
20		municipalities in which candidates for alderman or other
21		municipal office are not permitted by law to be candidates
22		of political parties, the runoff election where required
23		by law, or the nonpartisan election where required by law,
24		shall be held on the date of the consolidated election;
25		and provided further, in the case of municipal officers
26		provided for by an ordinance providing the form of

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1		government of the municipality pursuant to Section 7 of
2		Article VII of the Constitution, such offices shall be
3		filled by election or by runoff election as may be
4		provided by such ordinance;
5		(2) Village and incorporated town library directors;
6		(3) City boards of stadium commissioners;
7		(4) Commissioners of park districts;
8		(5) Trustees of public library districts;
9		(6) Special District elected officers, not otherwise
10		designated in this Section, where the statute creating or
11		authorizing the creation of the district permits or
12		requires election of candidates of political parties;
13		(7) Township officers, including township park
14		commissioners, township library directors, and boards of
15		managers of community buildings, and Multi-Township
16		Assessors;
17		(8) Highway commissioners and road district clerks;
18		(9) Members of school boards in school districts which
19		adopt Article 33 of the School Code;
20		(10) The directors and chair of the Chain O Lakes - Fox
21		River Waterway Management Agency;
22		(11) Forest preserve district commissioners elected
23		under Section 3.5 of the Downstate Forest Preserve
24		District Act;
25		(12) Elected members of school boards, school
26		trustees, directors of boards of school directors,

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1		trustees of county boards of school trustees (except in
2		counties or educational service regions having a
3		population of 2,000,000 or more inhabitants) and members
4		of boards of school inspectors, except school boards in
5		school districts that adopt Article 33 of the School Code;
6		(13) Members of Community College district boards;
7		(14) Trustees of Fire Protection Districts;
8		(15) Commissioners of the Springfield Metropolitan
9		Exposition and Auditorium Authority;
10		(16) Elected Trustees of Tuberculosis Sanitarium
11		Districts;
12		(17) Elected Officers of special districts not
13		otherwise designated in this Section for which the law
14		governing those districts does not permit candidates of
15		political parties.
16		(d) At the consolidated primary election in each
17		odd-numbered year, candidates of political parties shall be
18		nominated for those offices to be filled at the consolidated
19		election in that year, except where pursuant to law nomination
20		of candidates of political parties is made by caucus, and
21		except those offices listed in paragraphs (12) through (17) of
22		subsection (c).
23		At the consolidated primary election in the appropriate
24		odd-numbered years, the mayor, clerk, treasurer, and aldermen
25		shall be elected in municipalities in which candidates for
26		mayor, clerk, treasurer, or alderman are not permitted by law

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1		to be candidates of political parties, subject to runoff
2		elections to be held at the consolidated election as may be
3		required by law, and municipal officers shall be nominated in
4		a nonpartisan election in municipalities in which pursuant to
5		law candidates for such office are not permitted to be
6		candidates of political parties.
7		At the consolidated primary election in the appropriate
8		odd-numbered years, municipal officers shall be nominated or
9		elected, or elected subject to a runoff, as may be provided by
10		an ordinance providing a form of government of the
11		municipality pursuant to Section 7 of Article VII of the
12		Constitution.
13		(e) (Blank).
14		(f) At any election established in Section 2A-1.1, public
15		questions may be submitted to voters pursuant to this Code and
16		any special election otherwise required or authorized by law
17		or by court order may be conducted pursuant to this Code.
18		Notwithstanding the regular dates for election of officers
19		established in this Article, whenever a referendum is held for
20		the establishment of a political subdivision whose officers
21		are to be elected, the initial officers shall be elected at the
22		election at which such referendum is held if otherwise so
23		provided by law. In such cases, the election of the initial
24		officers shall be subject to the referendum.
25		Notwithstanding the regular dates for election of
26		officials established in this Article, any community college

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1		district which becomes effective by operation of law pursuant
2		to Section 6-6.1 of the Public Community College Act, as now or
3		hereafter amended, shall elect the initial district board
4		members at the next regularly scheduled election following the
5		effective date of the new district.
6		(g) At any election established in Section 2A-1.1, if in
7		any precinct there are no offices or public questions required
8		to be on the ballot under this Code then no election shall be
9		held in the precinct on that date.
10		(h) There may be conducted a referendum in accordance with
11		the provisions of Division 6-4 of the Counties Code.
12		(Source: P.A. 100-1027, eff. 1-1-19; revised 12-14-20.)
13		(10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
14		Sec. 6-50.2. (a) The board of election commissioners shall
15		appoint all precinct committeepersons in the election
16		jurisdiction as deputy registrars who may accept the
17		registration of any qualified resident of the State, except
18		during the 27 days preceding an election.
19		The board of election commissioners shall appoint each of
20		the following named persons as deputy registrars upon the
21		written request of such persons:
22		1. The chief librarian, or a qualified person
23		designated by the chief librarian, of any public library
24		situated within the election jurisdiction, who may accept
25		the registrations of any qualified resident of the State,

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1		at such library.
2		2. The principal, or a qualified person designated by
3		the principal, of any high school, elementary school, or
4		vocational school situated within the election
5		jurisdiction, who may accept the registrations of any
6		resident of the State, at such school. The board of
7		election commissioners shall notify every principal and
8		vice-principal of each high school, elementary school, and
9		vocational school situated in the election jurisdiction of
10		their eligibility to serve as deputy registrars and offer
11		training courses for service as deputy registrars at
12		conveniently located facilities at least 4 months prior to
13		every election.
14		3. The president, or a qualified person designated by
15		the president, of any university, college, community
16		college, academy, or other institution of learning
17		situated within the State, who may accept the
18		registrations of any resident of the election
19		jurisdiction, at such university, college, community
20		college, academy, or institution.
21		4. A duly elected or appointed official of a bona fide
22		labor organization, or a reasonable number of qualified
23		members designated by such official, who may accept the
24		registrations of any qualified resident of the State.
25		5. A duly elected or appointed official of a bona fide
26		State civic organization, as defined and determined by

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1		rule of the State Board of Elections, or qualified members
2		designated by such official, who may accept the
3		registration of any qualified resident of the State. In
4		determining the number of deputy registrars that shall be
5		appointed, the board of election commissioners shall
6		consider the population of the jurisdiction, the size of
7		the organization, the geographic size of the jurisdiction,
8		convenience for the public, the existing number of deputy
9		registrars in the jurisdiction and their location, the
10		registration activities of the organization and the need
11		to appoint deputy registrars to assist and facilitate the
12		registration of non-English speaking individuals. In no
13		event shall a board of election commissioners fix an
14		arbitrary number applicable to every civic organization
15		requesting appointment of its members as deputy
16		registrars. The State Board of Elections shall by rule
17		provide for certification of bona fide State civic
18		organizations. Such appointments shall be made for a
19		period not to exceed 2 years, terminating on the first
20		business day of the month following the month of the
21		general election, and shall be valid for all periods of
22		voter registration as provided by this Code during the
23		terms of such appointments.
24		6. The Director of Healthcare and Family Services, or
25		a reasonable number of employees designated by the
26		Director and located at public aid offices, who may accept

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1		the registration of any qualified resident of the election
2		jurisdiction at any such public aid office.
3		7. The Director of the Illinois Department of
4		Employment Security, or a reasonable number of employees
5		designated by the Director and located at unemployment
6		offices, who may accept the registration of any qualified
7		resident of the election jurisdiction at any such
8		unemployment office. If the request to be appointed as
9		deputy registrar is denied, the board of election
10		commissioners shall, within 10 days after the date the
11		request is submitted, provide the affected individual or
12		organization with written notice setting forth the
13		specific reasons or criteria relied upon to deny the
14		request to be appointed as deputy registrar.
15		8. The president of any corporation, as defined by the
16		Business Corporation Act of 1983, or a reasonable number
17		of employees designated by such president, who may accept
18		the registrations of any qualified resident of the State.
19		The board of election commissioners may appoint as many
20		additional deputy registrars as it considers necessary. The
21		board of election commissioners shall appoint such additional
22		deputy registrars in such manner that the convenience of the
23		public is served, giving due consideration to both population
24		concentration and area. Some of the additional deputy
25		registrars shall be selected so that there are an equal number
26		from each of the 2 major political parties in the election

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1		jurisdiction. The board of election commissioners, in
2		appointing an additional deputy registrar, shall make the
3		appointment from a list of applicants submitted by the Chair
4		of the County Central Committee of the applicant's political
5		party. A Chair of a County Central Committee shall submit a
6		list of applicants to the board by November 30 of each year.
7		The board may require a Chair of a County Central Committee to
8		furnish a supplemental list of applicants.
9		Deputy registrars may accept registrations at any time
10		other than the 27-day 27 day period preceding an election. All
11		persons appointed as deputy registrars shall be registered
12		voters within the election jurisdiction and shall take and
13		subscribe to the following oath or affirmation:
14		"I do solemnly swear (or affirm, as the case may be) that I
15		will support the Constitution of the United States, and the
16		Constitution of the State of Illinois, and that I will
17		faithfully discharge the duties of the office of registration
18		officer to the best of my ability and that I will register no
19		person nor cause the registration of any person except upon
20		his personal application before me.
21		....................................
22		(Signature of Registration Officer)"
23		This oath shall be administered and certified to by one of
24		the commissioners or by the executive director or by some
25		person designated by the board of election commissioners, and
26		shall immediately thereafter be filed with the board of

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1		election commissioners. The members of the board of election
2		commissioners and all persons authorized by them under the
3		provisions of this Article to take registrations, after
4		themselves taking and subscribing to the above oath, are
5		authorized to take or administer such oaths and execute such
6		affidavits as are required by this Article.
7		Appointments of deputy registrars under this Section,
8		except precinct committeepersons, shall be for 2-year terms,
9		commencing on December 1 following the general election of
10		each even-numbered year, except that the terms of the initial
11		appointments shall be until December 1st following the next
12		general election. Appointments of precinct committeepersons
13		shall be for 2-year terms commencing on the date of the county
14		convention following the general primary at which they were
15		elected. The county clerk shall issue a certificate of
16		appointment to each deputy registrar, and shall maintain in
17		his office for public inspection a list of the names of all
18		appointees.
19		(b) The board of election commissioners shall be
20		responsible for training all deputy registrars appointed
21		pursuant to subsection (a), at times and locations reasonably
22		convenient for both the board of election commissioners and
23		such appointees. The board of election commissioners shall be
24		responsible for certifying and supervising all deputy
25		registrars appointed pursuant to subsection (a). Deputy
26		registrars appointed under subsection (a) shall be subject to

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1		removal for cause.
2		(c) Completed registration materials under the control of
3		deputy registrars appointed pursuant to subsection (a) shall
4		be returned to the appointing election authority by
5		first-class mail within 2 business days or personal delivery
6		within 7 days, except that completed registration materials
7		received by the deputy registrars during the period between
8		the 35th and 28th day preceding an election shall be returned
9		by the deputy registrars to the appointing election authority
10		within 48 hours after receipt thereof. The completed
11		registration materials received by the deputy registrars on
12		the 28th day preceding an election shall be returned by the
13		deputy registrars within 24 hours after receipt thereof.
14		Unused materials shall be returned by deputy registrars
15		appointed pursuant to paragraph 4 of subsection (a), not later
16		than the next working day following the close of registration.
17		(d) The county clerk or board of election commissioners,
18		as the case may be, must provide any additional forms
19		requested by any deputy registrar regardless of the number of
20		unaccounted registration forms the deputy registrar may have
21		in his or her possession.
22		(e) No deputy registrar shall engage in any electioneering
23		or the promotion of any cause during the performance of his or
24		her duties.
25		(f) The board of election commissioners shall not be
26		criminally or civilly liable for the acts or omissions of any

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1		deputy registrar. Such deputy registrars shall not be deemed
2		to be employees of the board of election commissioners.
3		(g) Completed registration materials returned by deputy
4		registrars for persons residing outside the election
5		jurisdiction shall be transmitted by the board of election
6		commissioners within 2 days after receipt to the election
7		authority of the person's election jurisdiction of residence.
8		(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
9		(10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)
10		Sec. 6A-3. Commissioners; filling vacancies.
11		(a) If the county board adopts an ordinance providing for
12		the establishment of a county board of election commissioners,
13		or if a majority of the votes cast on a proposition submitted
14		in accordance with Section 6A-2(a) are in favor of a county
15		board of election commissioners, a county board of election
16		commissioners shall be appointed in the same manner as is
17		provided in Article 6 for boards of election commissioners in
18		cities, villages and incorporated towns, except that the
19		county board of election commissioners shall be appointed by
20		the chair of the county board rather than the circuit court.
21		However, before any appointments are made, the appointing
22		authority shall ascertain whether the county clerk desires to
23		be a member of the county board of election commissioners. If
24		the county clerk so desires, he shall be one of the members of
25		the county board of election commissioners, and the appointing

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1		authority shall appoint only 2 other members.
2		(b) For any county board of election commissioners
3		established under subsection (b) of Section 6A-1, within 30
4		days after July 29, 2013 (the effective date of Public Act
5		98-115) this amendatory Act of the 98th General Assembly, the
6		chief judge of the circuit court of the county shall appoint 5
7		commissioners. At least 4 of those commissioners shall be
8		selected from the 2 major established political parties of the
9		State, with at least 2 from each of those parties. Such
10		appointment shall be entered of record in the office of the
11		County Clerk and the State Board of Elections. Those first
12		appointed shall hold their offices for the period of one, 2,
13		and 3 years respectively, and the judge appointing them shall
14		designate the term for which each commissioner shall hold his
15		or her office, whether for one, 2 or 3 years except that no
16		more than one commissioner from each major established
17		political party may be designated the same term. After the
18		initial term, each commissioner or his or her successor shall
19		be appointed to a 3-year 3 year term. No elected official or
20		former elected official who has been out of elected office for
21		less than 2 years may be appointed to the board. Vacancies
22		shall be filled by the chief judge of the circuit court within
23		30 days of the vacancy in a manner that maintains the foregoing
24		political party representation.
25		(c) For any county board of election commissioners
26		established under subsection (c) of Section 6A-1, within 30

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1		days after the conclusion of the election at which the
2		proposition to establish a county board of election
3		commissioners is approved by the voters, the municipal board
4		shall apply to the circuit court of the county for the chief
5		judge of the circuit court to appoint 2 additional
6		commissioners, one of whom shall be from each major
7		established political party and neither of whom shall reside
8		within the limits of the municipal board, so that 3
9		commissioners shall reside within the limits of the municipal
10		board and 2 shall reside within the county but not within the
11		municipality, as it may exist from time to time. Not more than
12		3 of the commissioners shall be members of the same major
13		established political party. Vacancies shall be filled by the
14		chief judge of the circuit court upon application of the
15		remaining commissioners in a manner that maintains the
16		foregoing geographical and political party representation.
17		(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
18		(10 ILCS 5/9-15) (from Ch. 46, par. 9-15)
19		Sec. 9-15. It shall be the duty of the Board: -
20		(1) to develop prescribed forms for filing statements
21		of organization and required reports;
22		(2) to prepare, publish, and furnish to the
23		appropriate persons a manual of instructions setting forth
24		recommended uniform methods of bookkeeping and reporting
25		under this Article;

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1		(3) to prescribe suitable rules and regulations to
2		carry out the provisions of this Article. Such rules and
3		regulations shall be published and made available to the
4		public;
5		(4) to send by first class mail, after the general
6		primary election in even numbered years, to the chair of
7		each regularly constituted State central committee, county
8		central committee and, in counties with a population of
9		more than 3,000,000, to the committeepersons of each
10		township and ward organization of each political party
11		notice of their obligations under this Article, along with
12		a form for filing the statement of organization;
13		(5) to promptly make all reports and statements filed
14		under this Article available for public inspection and
15		copying no later than 2 business days after their receipt
16		and to permit copying of any such report or statement at
17		the expense of the person requesting the copy;
18		(6) to develop a filing, coding, and cross-indexing
19		system consistent with the purposes of this Article;
20		(7) to compile and maintain a list of all statements
21		or parts of statements pertaining to each candidate;
22		(8) to prepare and publish such reports as the Board
23		may deem appropriate;
24		(9) to annually notify each political committee that
25		has filed a statement of organization with the Board of
26		the filing dates for each quarterly report, provided that

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1		such notification shall be made by first-class mail unless
2		the political committee opts to receive notification
3		electronically via email; and
4		(10) to promptly send, by first class mail directed
5		only to the officers of a political committee, and by
6		certified mail to the address of the political committee,
7		written notice of any fine or penalty assessed or imposed
8		against the political committee under this Article.
9		(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
10		Section 65. The Illinois Identification Card Act is
11		amended by changing Sections 5 and 17 as follows:
12		(15 ILCS 335/5) (from Ch. 124, par. 25)
13		Sec. 5. Applications.
14		(a) Any natural person who is a resident of the State of
15		Illinois may file an application for an identification card,
16		or for the renewal thereof, in a manner prescribed by the
17		Secretary. Each original application shall be completed by the
18		applicant in full and shall set forth the legal name,
19		residence address and zip code, social security number, birth
20		date, sex and a brief description of the applicant. The
21		applicant shall be photographed, unless the Secretary of State
22		has provided by rule for the issuance of identification cards
23		without photographs and the applicant is deemed eligible for
24		an identification card without a photograph under the terms

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1		and conditions imposed by the Secretary of State, and he or she
2		shall also submit any other information as the Secretary may
3		deem necessary or such documentation as the Secretary may
4		require to determine the identity of the applicant. In
5		addition to the residence address, the Secretary may allow the
6		applicant to provide a mailing address. If the applicant is a
7		judicial officer as defined in Section 1-10 of the Judicial
8		Privacy Act or a peace officer, the applicant may elect to have
9		his or her office or work address in lieu of the applicant's
10		residence or mailing address. An applicant for an Illinois
11		Person with a Disability Identification Card must also submit
12		with each original or renewal application, on forms prescribed
13		by the Secretary, such documentation as the Secretary may
14		require, establishing that the applicant is a "person with a
15		disability" as defined in Section 4A of this Act, and setting
16		forth the applicant's type and class of disability as set
17		forth in Section 4A of this Act. For the purposes of this
18		subsection (a), "peace officer" means any person who by virtue
19		of his or her office or public employment is vested by law with
20		a duty to maintain public order or to make arrests for a
21		violation of any penal statute of this State, whether that
22		duty extends to all violations or is limited to specific
23		violations.
24		(a-5) Upon the first issuance of a request for proposals
25		for a digital driver's license and identification card
26		issuance and facial recognition system issued after January 1,

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1		2020 (the effective date of Public Act 101-513) this
2		amendatory Act of the 101st General Assembly, and upon
3		implementation of a new or revised system procured pursuant to
4		that request for proposals, the Secretary shall permit
5		applicants to choose between "male", "female", or "non-binary"
6		when designating the applicant's sex on the identification
7		card application form. The sex designated by the applicant
8		shall be displayed on the identification card issued to the
9		applicant.
10		(b) Beginning on or before July 1, 2015, for each original
11		or renewal identification card application under this Act, the
12		Secretary shall inquire as to whether the applicant is a
13		veteran for purposes of issuing an identification card with a
14		veteran designation under subsection (c-5) of Section 4 of
15		this Act. The acceptable forms of proof shall include, but are
16		not limited to, Department of Defense form DD-214, Department
17		of Defense form DD-256 for applicants who did not receive a
18		form DD-214 upon the completion of initial basic training,
19		Department of Defense form DD-2 (Retired), an identification
20		card issued under the federal Veterans Identification Card Act
21		of 2015, or a United States Department of Veterans Affairs
22		summary of benefits letter. If the document cannot be stamped,
23		the Illinois Department of Veterans' Affairs shall provide a
24		certificate to the veteran to provide to the Secretary of
25		State. The Illinois Department of Veterans' Affairs shall
26		advise the Secretary as to what other forms of proof of a

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1		person's status as a veteran are acceptable.
2		For each applicant who is issued an identification card
3		with a veteran designation, the Secretary shall provide the
4		Department of Veterans' Affairs with the applicant's name,
5		address, date of birth, gender, and such other demographic
6		information as agreed to by the Secretary and the Department.
7		The Department may take steps necessary to confirm the
8		applicant is a veteran. If after due diligence, including
9		writing to the applicant at the address provided by the
10		Secretary, the Department is unable to verify the applicant's
11		veteran status, the Department shall inform the Secretary, who
12		shall notify the applicant that he or she must confirm status
13		as a veteran, or the identification card will be cancelled.
14		For purposes of this subsection (b):
15		"Armed forces" means any of the Armed Forces of the United
16		States, including a member of any reserve component or
17		National Guard unit.
18		"Veteran" means a person who has served in the armed
19		forces and was discharged or separated under honorable
20		conditions.
21		(c) All applicants for REAL ID compliant standard Illinois
22		Identification Cards and Illinois Person with a Disability
23		Identification Cards shall provide proof of lawful status in
24		the United States as defined in 6 CFR 37.3, as amended.
25		Applicants who are unable to provide the Secretary with proof
26		of lawful status are ineligible for REAL ID compliant

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1		identification cards under this Act.
2		(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
3		100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff.
4		8-9-19; 101-513, eff. 1-1-20; revised 9-25-19.)
5		(15 ILCS 335/17)
6		Sec. 17. Invalidation of a standard Illinois
7		Identification Card or an Illinois Person with a Disability
8		Identification Card. (a) The Secretary of State may invalidate
9		a standard Illinois Identification Card or an Illinois Person
10		with a Disability Identification Card:
11		(1) when the holder voluntarily surrenders the
12		standard Illinois Identification Card or Illinois Person
13		with a Disability Identification Card and declares his or
14		her intention to do so in writing;
15		(2) upon the death of the holder;
16		(3) upon the refusal of the holder to correct or
17		update information contained on a standard Illinois
18		Identification Card or an Illinois Person with a
19		Disability Identification Card; and
20		(4) as the Secretary deems appropriate by
21		administrative rule.
22		(Source: P.A. 101-185, eff. 1-1-20; revised 9-12-19.)
23		Section 70. The State Comptroller Act is amended by
24		changing Sections 20 and 23.11 as follows:

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1		(15 ILCS 405/20) (from Ch. 15, par. 220)
2		Sec. 20. Annual report. The Comptroller shall annually, as
3		soon as possible after the close of the fiscal year but no
4		later than December 31, make available on the Comptroller's
5		website a report, showing the amount of warrants drawn on the
6		treasury, on other funds held by the State Treasurer and on any
7		public funds held by State agencies, during the preceding
8		fiscal year, and stating, particularly, on what account they
9		were drawn, and if drawn on the contingent fund, to whom and
10		for what they were issued. He or she shall, also, at the same
11		time, report the amount of money received into the treasury,
12		into other funds held by the State Treasurer and into any other
13		funds held by State agencies during the preceding fiscal year,
14		and also a general account of all the business of his office
15		during the preceding fiscal year. The report shall also
16		summarize for the previous fiscal year the information
17		required under Section 19.
18		Within 60 days after the expiration of each calendar year,
19		the Comptroller shall compile, from records maintained and
20		available in his office, a list of all persons including those
21		employed in the Office of the Comptroller, who have been
22		employed by the State during the past calendar year and paid
23		from funds in the hands of the State Treasurer.
24		The list shall state in alphabetical order the name of
25		each employee, the county in which he or she resides, the

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1		position, and the total salary paid to him or her during the
2		past calendar year, rounded to the nearest hundred dollars
3		dollar. The list so compiled and arranged shall be kept on file
4		in the office of the Comptroller and be open to inspection by
5		the public at all times.
6		No person who utilizes the names obtained from this list
7		for solicitation shall represent that such solicitation is
8		authorized by any officer or agency of the State of Illinois.
9		Violation of this provision is a business offense punishable
10		by a fine not to exceed $3,000.
11		(Source: P.A. 100-253, eff. 1-1-18; 101-34, eff. 6-28-19;
12		101-620, eff. 12-20-19; revised 1-6-20.)
13		(15 ILCS 405/23.11)
14		Sec. 23.11. Illinois Bank On Initiative; Commission.
15		(a) The Illinois Bank On Initiative is created to increase
16		the use of Certified Financial Products and reduce reliance on
17		alternative financial products.
18		(b) The Illinois Bank On Initiative shall be administered
19		by the Comptroller, and he or she shall be responsible for
20		ongoing activities of the Initiative, including, but not
21		limited to, the following:
22		(1) authorizing financial products as Certified
23		Financial Products;
24		(2) maintaining on the Comptroller's website a list of
25		Certified Financial Products and associated financial

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1		institutions;
2		(3) maintaining on the Comptroller's website the
3		minimum requirements of Certified Financial Products; and
4		(4) implementing an outreach strategy to facilitate
5		access to Certified Financial Products.
6		(c) The Illinois Bank On Initiative Commission is created,
7		and shall be chaired by the Comptroller, or his or her
8		designee, and consist of the following members appointed by
9		the Comptroller: (1) 4 local elected officials from
10		geographically diverse regions in this State, at least 2 of
11		whom represent all or part of a census tract with a median
12		household income of less than 150% of the federal poverty
13		level; (2) 3 members representing financial institutions, one
14		of whom represents a statewide banking association exclusively
15		representing banks with assets below $20,000,000,000, one of
16		whom represents a statewide banking association representing
17		banks of all asset sizes, and one of whom represents a
18		statewide association representing credit unions; (3) 4
19		members representing community and social service groups; and
20		(4) 2 federal or State financial regulators.
21		Members of the Commission shall serve 4-year 4 year terms.
22		The Commission shall serve the Comptroller in an advisory
23		capacity, and shall be responsible for advising the
24		Comptroller regarding the implementation and promotion of the
25		Illinois Bank On Initiative, but may at any time, by request of
26		the Comptroller or on its own initiative, submit to the

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1		Comptroller any recommendations concerning the operation of
2		any participating financial institutions, outreach efforts, or
3		other business coming before the Commission. Members of the
4		Commission shall serve without compensation, but shall be
5		reimbursed for reasonable travel and mileage costs.
6		(d) Beginning in October 2020, and for each year
7		thereafter, the Comptroller and the Commission shall annually
8		prepare and make available on the Comptroller's website a
9		report concerning the progress of the Illinois Bank On
10		Initiative.
11		(e) The Comptroller may adopt rules necessary to implement
12		this Section.
13		(f) For the purposes of this Section:
14		"Certified Financial Product" means a financial product
15		offered by a financial institution that meets minimum
16		requirements as established by the Comptroller.
17		"Financial institution" means a bank, savings bank, or
18		credit union chartered or organized under the laws of the
19		State of Illinois, another state, or the United States of
20		America that is:
21		(1) adequately capitalized as determined by its
22		prudential regulator; and
23		(2) insured by the Federal Deposit Insurance
24		Corporation, National Credit Union Administration, or
25		other approved insurer.
26		(Source: P.A. 101-427, eff. 8-19-19; revised 11-21-19.)

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1		Section 75. The State Treasurer Act is amended by changing
2		Sections 16.8 and 35 as follows:
3		(15 ILCS 505/16.8)
4		Sec. 16.8. Illinois Higher Education Savings Program.
5		(a) Definitions. As used in this Section:
6		"Beneficiary" means an eligible child named as a recipient
7		of seed funds.
8		"College savings account" means a 529 plan account
9		established under Section 16.5.
10		"Eligible child" means a child born or adopted after
11		December 31, 2020, to a parent who is a resident of Illinois at
12		the time of the birth or adoption, as evidenced by
13		documentation received by the Treasurer from the Department of
14		Revenue, the Department of Public Health, or another State or
15		local government agency.
16		"Eligible educational institution" means institutions that
17		are described in Section 1001 of the federal Higher Education
18		Act of 1965 that are eligible to participate in Department of
19		Education student aid programs.
20		"Fund" means the Illinois Higher Education Savings Program
21		Fund.
22		"Omnibus account" means the pooled collection of seed
23		funds owned and managed by the State Treasurer under this Act.
24		"Program" means the Illinois Higher Education Savings

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1		Program.
2		"Qualified higher education expense" means the following:
3		(i) tuition, fees, and the costs of books, supplies, and
4		equipment required for enrollment or attendance at an eligible
5		educational institution; (ii) expenses for special needs
6		services, in the case of a special needs beneficiary, which
7		are incurred in connection with such enrollment or attendance;
8		(iii) certain expenses for the purchase of computer or
9		peripheral equipment, computer software, or Internet access
10		and related services as defined under Section 529 of the
11		Internal Revenue Code; and (iv) room and board expenses
12		incurred while attending an eligible educational institution
13		at least half-time.
14		"Seed funds" means the deposit made by the State Treasurer
15		into the Omnibus Accounts for Program beneficiaries.
16		(b) Program established. The State Treasurer shall
17		establish the Illinois Higher Education Savings Program
18		provided that sufficient funds are available. The State
19		Treasurer shall administer the Program for the purposes of
20		expanding access to higher education through savings.
21		(c) Program enrollment. The State Treasurer shall enroll
22		all eligible children in the Program beginning in 2021, after
23		receiving records of recent births, adoptions, or dependents
24		from the Department of Revenue, the Department of Public
25		Health, or another State or local government agency designated
26		by the Treasurer. Notwithstanding any court order which would

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1		otherwise prevent the release of information, the Department
2		of Public Health is authorized to release the information
3		specified under this subsection (c) to the State Treasurer for
4		the purposes of the Program established under this Section.
5		(1) On and after the effective date of this amendatory
6		Act of the 101st General Assembly, the Department of
7		Revenue and the Department of Public Health shall provide
8		the State Treasurer with information on recent Illinois
9		births, adoptions and dependents including, but not
10		limited to: the full name, residential address, and birth
11		date of the child and the child's parent or legal guardian
12		for the purpose of enrolling eligible children in the
13		Program. This data shall be provided to the State
14		Treasurer by the Department of Revenue and the Department
15		of Public Health on a quarterly basis, no later than 30
16		days after the end of each quarter.
17		(2) The State Treasurer shall ensure the security and
18		confidentiality of the information provided by the
19		Department of Revenue, the Department of Public Health, or
20		another State or local government agency, and it shall not
21		be subject to release under the Freedom of Information
22		Act.
23		(3) Information provided under this Section shall only
24		be used by the State Treasurer for the Program and shall
25		not be used for any other purpose.
26		(4) The State Treasurer and any vendors working on the

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1		Program shall maintain strict confidentiality of any
2		information provided under this Section, and shall
3		promptly provide written or electronic notice to the
4		providing agency of any security breach. The providing
5		State or local government agency shall remain the sole and
6		exclusive owner of information provided under this
7		Section.
8		(d) Seed funds. After receiving information on recent
9		births, adoptions, or dependents from the Department of
10		Revenue, the Department of Public Health, or another State or
11		local government agency, the State Treasurer shall make a
12		deposit into an omnibus account of the Fund on behalf of each
13		eligible child. The State Treasurer shall be the owner of the
14		omnibus accounts. The deposit of seed funds shall be subject
15		to appropriation by the General Assembly.
16		(1) Deposit amount. The seed fund deposit for each
17		eligible child shall be in the amount of $50. This amount
18		may be increased by the State Treasurer by rule. The State
19		Treasurer may use or deposit funds appropriated by the
20		General Assembly together with moneys received as gifts,
21		grants, or contributions into the Fund. If insufficient
22		funds are available in the Fund, the State Treasurer may
23		reduce the deposit amount or forego deposits.
24		(2) Use of seed funds. Seed funds, including any
25		interest, dividends, and other earnings accrued, will be
26		eligible for use by a beneficiary for qualified higher

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1		education expenses if:
2		(A) the parent or guardian of the eligible child
3		claimed the seed funds for the beneficiary by the
4		beneficiary's 10th birthday;
5		(B) the beneficiary has completed secondary
6		education or has reached the age of 18; and
7		(C) the beneficiary is currently a resident of the
8		State of Illinois. Non-residents are not eligible to
9		claim or use seed funds.
10		(3) Notice of seed fund availability. The State
11		Treasurer shall make a good faith effort to notify
12		beneficiaries and their parents or legal guardians of the
13		seed funds' availability and the deadline to claim such
14		funds.
15		(4) Unclaimed seed funds. Seed funds that are
16		unclaimed by the beneficiary's 10th birthday or unused by
17		the beneficiary's 26th birthday will be considered
18		forfeited. Unclaimed and unused seed funds will remain in
19		the omnibus account for future beneficiaries.
20		(e) Financial education. The State Treasurer may develop
21		educational materials that support the financial literacy of
22		beneficiaries and their legal guardians, and may do so in
23		collaboration with State and federal agencies, including, but
24		not limited to, the Illinois State Board of Education and
25		existing nonprofit agencies with expertise in financial
26		literacy and education.

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1		(f) Incentives and partnerships. The State Treasurer may
2		develop partnerships with private, nonprofit, or governmental
3		organizations to provide additional incentives for eligible
4		children, including conditional cash transfers or matching
5		contributions that provide a savings incentive based on
6		specific actions taken or other criteria.
7		(g) Illinois Higher Education Savings Program Fund. The
8		Illinois Higher Education Savings Program Fund is hereby
9		established. The Fund shall be the official repository of all
10		contributions, appropriations, interest, and dividend
11		payments, gifts, or other financial assets received by the
12		State Treasurer in connection with the operation of the
13		Program or related partnerships. All such moneys shall be
14		deposited in the Fund and held by the State Treasurer as
15		custodian thereof, outside of the State treasury, separate and
16		apart from all public moneys or funds of this State. The State
17		Treasurer may accept gifts, grants, awards, matching
18		contributions, interest income, and appropriations from
19		individuals, businesses, governments, and other third-party
20		sources to implement the Program on terms that the Treasurer
21		deems advisable. All interest or other earnings accruing or
22		received on amounts in the Illinois Higher Education Savings
23		Program Fund shall be credited to and retained by the Fund and
24		used for the benefit of the Program. Assets of the Fund must at
25		all times be preserved, invested, and expended only for the
26		purposes of the Program and must be held for the benefit of the

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1		beneficiaries. Assets may not be transferred or used by the
2		State or the State Treasurer for any purposes other than the
3		purposes of the Program. In addition, no moneys, interest, or
4		other earnings paid into the Fund shall be used, temporarily
5		or otherwise, for inter-fund borrowing or be otherwise used or
6		appropriated except as expressly authorized by this Act.
7		Notwithstanding the requirements of this subsection (f),
8		amounts in the Fund may be used by the State Treasurer to pay
9		the administrative costs of the Program.
10		(h) Audits and reports. The State Treasurer shall include
11		the Illinois Higher Education Savings Program as part of the
12		audit of the College Savings Pool described in Section 16.5.
13		The State Treasurer shall annually prepare a report that
14		includes a summary of the Program operations for the preceding
15		fiscal year, including the number of children enrolled in the
16		Program, the total amount of seed fund deposits, and such
17		other information that is relevant to make a full disclosure
18		of the operations of the Program and Fund. The report shall be
19		made available on the Treasurer's website by January 31 each
20		year, starting in January of 2022. The State Treasurer may
21		include the Program in other reports as warranted.
22		(i) Rules. The State Treasurer may adopt rules necessary
23		to implement this Section.
24		(Source: P.A. 101-466, eff. 1-1-20; revised 11-21-19.)
25		(15 ILCS 505/35)

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1		Sec. 35. State Treasurer may purchase real property.
2		(a) Subject to the provisions of the Public Contract Fraud
3		Act, the State Treasurer, on behalf of the State of Illinois,
4		is authorized during State fiscal years 2019 and 2020 to
5		acquire real property located in the City of Springfield,
6		Illinois which the State Treasurer deems necessary to properly
7		carry out the powers and duties vested in him or her. Real
8		property acquired under this Section may be acquired subject
9		to any third party interests in the property that do not
10		prevent the State Treasurer from exercising the intended
11		beneficial use of such property.
12		(b) Subject to the provisions of the Treasurer's
13		Procurement Rules, which shall be substantially in accordance
14		with the requirements of the Illinois Procurement Code, the
15		State Treasurer may:
16		(1) enter into contracts relating to construction,
17		reconstruction or renovation projects for any such
18		buildings or lands acquired pursuant to subsection
19		paragraph (a); and
20		(2) equip, lease, operate and maintain those grounds,
21		buildings and facilities as may be appropriate to carry
22		out his or her statutory purposes and duties.
23		(c) The State Treasurer may enter into agreements with any
24		person with respect to the use and occupancy of the grounds,
25		buildings, and facilities of the State Treasurer, including
26		concession, license, and lease agreements on terms and

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1		conditions as the State Treasurer determines and in accordance
2		with the procurement processes for the Office of the State
3		Treasurer, which shall be substantially in accordance with the
4		requirements of the Illinois Procurement Code.
5		(d) The exercise of the authority vested in the Treasurer
6		by this Section is subject to the appropriation of the
7		necessary funds.
8		(Source: P.A. 101-487, eff. 8-23-19; revised 11-21-19.)
9		Section 80. The Deposit of State Moneys Act is amended by
10		changing Sections 10, 16, and 22.5 as follows:
11		(15 ILCS 520/10) (from Ch. 130, par. 29)
12		Sec. 10. The State Treasurer may enter into an agreement
13		in conformity with this Act with any bank or savings and loan
14		association relating to the deposit of securities. Such
15		agreement may authorize the holding by such bank or savings
16		and loan association of such securities in custody and
17		safekeeping solely under the instructions of the State
18		Treasurer either (a) in the office of such bank or savings and
19		loan association, or under the custody and safekeeping of
20		another bank or savings and loan association in this State for
21		the depository bank or savings and loan association, or (b) in
22		a bank or a depository trust company in the United States if
23		the securities to be deposited are held in custody and
24		safekeeping for such bank or savings and loan association.

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1		(Source: P.A. 101-206, eff. 8-2-19; revised 9-12-19.)
2		(15 ILCS 520/16) (from Ch. 130, par. 35)
3		Sec. 16. Daily balance statements. Each bank or savings
4		and loan association shall on or before the last Monday of each
5		month receive from the State Treasurer a statement showing
6		separately the daily balances or amounts of moneys held by it
7		under the provisions of this Act during the calendar month
8		then next preceding; and the amounts of accrued interest
9		thereon. One , one copy of the which statement shall be filed in
10		the office of the State Treasurer, and the other in the office
11		of the receiving bank or savings and loan association,. The
12		statement shall contain a certificate that no other fees,
13		perquisites or emoluments have been paid to or held for the
14		benefit of any public officer or any other person, or on
15		account of the deposit of the moneys, and that no contract or
16		agreement of any kind whatever has been entered into for the
17		payment to any public officer, or any other person, of any fee,
18		perquisite, or emolument on account of the deposit of the
19		moneys. The statement to be filed in the office of the
20		receiving bank or savings and loan association shall be
21		verified by the oath of the cashier or of an assistant cashier
22		of the bank or savings and loan association.
23		(Source: P.A. 87-510; revised 8-18-20.)
24		(15 ILCS 520/22.5) (from Ch. 130, par. 41a)

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1		(For force and effect of certain provisions, see Section
2		90 of P.A. 94-79)
3		Sec. 22.5. Permitted investments. The State Treasurer may,
4		with the approval of the Governor, invest and reinvest any
5		State money in the treasury which is not needed for current
6		expenditures due or about to become due, in obligations of the
7		United States government or its agencies or of National
8		Mortgage Associations established by or under the National
9		Housing Act, 12 U.S.C. 1701 et seq., or in mortgage
10		participation certificates representing undivided interests in
11		specified, first-lien conventional residential Illinois
12		mortgages that are underwritten, insured, guaranteed, or
13		purchased by the Federal Home Loan Mortgage Corporation or in
14		Affordable Housing Program Trust Fund Bonds or Notes as
15		defined in and issued pursuant to the Illinois Housing
16		Development Act. All such obligations shall be considered as
17		cash and may be delivered over as cash by a State Treasurer to
18		his successor.
19		The State Treasurer may, with the approval of the
20		Governor, purchase any state bonds with any money in the State
21		Treasury that has been set aside and held for the payment of
22		the principal of and interest on the bonds. The bonds shall be
23		considered as cash and may be delivered over as cash by the
24		State Treasurer to his successor.
25		The State Treasurer may, with the approval of the
26		Governor, invest or reinvest any State money in the treasury

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1		that is not needed for current expenditure due or about to
2		become due, or any money in the State Treasury that has been
3		set aside and held for the payment of the principal of and the
4		interest on any State bonds, in shares, withdrawable accounts,
5		and investment certificates of savings and building and loan
6		associations, incorporated under the laws of this State or any
7		other state or under the laws of the United States; provided,
8		however, that investments may be made only in those savings
9		and loan or building and loan associations the shares and
10		withdrawable accounts or other forms of investment securities
11		of which are insured by the Federal Deposit Insurance
12		Corporation.
13		The State Treasurer may not invest State money in any
14		savings and loan or building and loan association unless a
15		commitment by the savings and loan (or building and loan)
16		association, executed by the president or chief executive
17		officer of that association, is submitted in the following
18		form:
19		The .................. Savings and Loan (or Building
20		and Loan) Association pledges not to reject arbitrarily
21		mortgage loans for residential properties within any
22		specific part of the community served by the savings and
23		loan (or building and loan) association because of the
24		location of the property. The savings and loan (or
25		building and loan) association also pledges to make loans
26		available on low and moderate income residential property

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1		throughout the community within the limits of its legal
2		restrictions and prudent financial practices.
3		The State Treasurer may, with the approval of the
4		Governor, invest or reinvest any State money in the treasury
5		that is not needed for current expenditures due or about to
6		become due, or any money in the State Treasury that has been
7		set aside and held for the payment of the principal of and
8		interest on any State bonds, in bonds issued by counties or
9		municipal corporations of the State of Illinois.
10		The State Treasurer may invest or reinvest up to 5% of the
11		College Savings Pool Administrative Trust Fund, the Illinois
12		Public Treasurer Investment Pool (IPTIP) Administrative Trust
13		Fund, and the State Treasurer's Administrative Fund that is
14		not needed for current expenditures due or about to become
15		due, in common or preferred stocks of publicly traded
16		corporations, partnerships, or limited liability companies,
17		organized in the United States, with assets exceeding
18		$500,000,000 if: (i) the purchases do not exceed 1% of the
19		corporation's or the limited liability company's outstanding
20		common and preferred stock; (ii) no more than 10% of the total
21		funds are invested in any one publicly traded corporation,
22		partnership, or limited liability company; and (iii) the
23		corporation or the limited liability company has not been
24		placed on the list of restricted companies by the Illinois
25		Investment Policy Board under Section 1-110.16 of the Illinois
26		Pension Code.

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1		The State Treasurer may, with the approval of the
2		Governor, invest or reinvest any State money in the Treasury
3		which is not needed for current expenditure, due or about to
4		become due, or any money in the State Treasury which has been
5		set aside and held for the payment of the principal of and the
6		interest on any State bonds, in participations in loans, the
7		principal of which participation is fully guaranteed by an
8		agency or instrumentality of the United States government;
9		provided, however, that such loan participations are
10		represented by certificates issued only by banks which are
11		incorporated under the laws of this State or any other state or
12		under the laws of the United States, and such banks, but not
13		the loan participation certificates, are insured by the
14		Federal Deposit Insurance Corporation.
15		Whenever the total amount of vouchers presented to the
16		Comptroller under Section 9 of the State Comptroller Act
17		exceeds the funds available in the General Revenue Fund by
18		$1,000,000,000 or more, then the State Treasurer may invest
19		any State money in the Treasury, other than money in the
20		General Revenue Fund, Health Insurance Reserve Fund, Attorney
21		General Court Ordered and Voluntary Compliance Payment
22		Projects Fund, Attorney General Whistleblower Reward and
23		Protection Fund, and Attorney General's State Projects and
24		Court Ordered Distribution Fund, which is not needed for
25		current expenditures, due or about to become due, or any money
26		in the State Treasury which has been set aside and held for the

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1		payment of the principal of and the interest on any State bonds
2		with the Office of the Comptroller in order to enable the
3		Comptroller to pay outstanding vouchers. At any time, and from
4		time to time outstanding, such investment shall not be greater
5		than $2,000,000,000. Such investment shall be deposited into
6		the General Revenue Fund or Health Insurance Reserve Fund as
7		determined by the Comptroller. Such investment shall be repaid
8		by the Comptroller with an interest rate tied to the London
9		Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an
10		equivalent market established variable rate, but in no case
11		shall such interest rate exceed the lesser of the penalty rate
12		established under the State Prompt Payment Act or the timely
13		pay interest rate under Section 368a of the Illinois Insurance
14		Code. The State Treasurer and the Comptroller shall enter into
15		an intergovernmental agreement to establish procedures for
16		such investments, which market established variable rate to
17		which the interest rate for the investments should be tied,
18		and other terms which the State Treasurer and Comptroller
19		reasonably believe to be mutually beneficial concerning these
20		investments by the State Treasurer. The State Treasurer and
21		Comptroller shall also enter into a written agreement for each
22		such investment that specifies the period of the investment,
23		the payment interval, the interest rate to be paid, the funds
24		in the Treasury from which the Treasurer will draw the
25		investment, and other terms upon which the State Treasurer and
26		Comptroller mutually agree. Such investment agreements shall

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1		be public records and the State Treasurer shall post the terms
2		of all such investment agreements on the State Treasurer's
3		official website. In compliance with the intergovernmental
4		agreement, the Comptroller shall order and the State Treasurer
5		shall transfer amounts sufficient for the payment of principal
6		and interest invested by the State Treasurer with the Office
7		of the Comptroller under this paragraph from the General
8		Revenue Fund or the Health Insurance Reserve Fund to the
9		respective funds in the Treasury from which the State
10		Treasurer drew the investment. Public Act 100-1107 shall
11		constitute an irrevocable and continuing authority for all
12		amounts necessary for the payment of principal and interest on
13		the investments made with the Office of the Comptroller by the
14		State Treasurer under this paragraph, and the irrevocable and
15		continuing authority for and direction to the Comptroller and
16		Treasurer to make the necessary transfers.
17		The State Treasurer may, with the approval of the
18		Governor, invest or reinvest any State money in the Treasury
19		that is not needed for current expenditure, due or about to
20		become due, or any money in the State Treasury that has been
21		set aside and held for the payment of the principal of and the
22		interest on any State bonds, in any of the following:
23		(1) Bonds, notes, certificates of indebtedness,
24		Treasury bills, or other securities now or hereafter
25		issued that are guaranteed by the full faith and credit of
26		the United States of America as to principal and interest.

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1		(2) Bonds, notes, debentures, or other similar
2		obligations of the United States of America, its agencies,
3		and instrumentalities.
4		(2.5) Bonds, notes, debentures, or other similar
5		obligations of a foreign government, other than the
6		Republic of the Sudan, that are guaranteed by the full
7		faith and credit of that government as to principal and
8		interest, but only if the foreign government has not
9		defaulted and has met its payment obligations in a timely
10		manner on all similar obligations for a period of at least
11		25 years immediately before the time of acquiring those
12		obligations.
13		(3) Interest-bearing savings accounts,
14		interest-bearing certificates of deposit,
15		interest-bearing time deposits, or any other investments
16		constituting direct obligations of any bank as defined by
17		the Illinois Banking Act.
18		(4) Interest-bearing accounts, certificates of
19		deposit, or any other investments constituting direct
20		obligations of any savings and loan associations
21		incorporated under the laws of this State or any other
22		state or under the laws of the United States.
23		(5) Dividend-bearing share accounts, share certificate
24		accounts, or class of share accounts of a credit union
25		chartered under the laws of this State or the laws of the
26		United States; provided, however, the principal office of

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1		the credit union must be located within the State of
2		Illinois.
3		(6) Bankers' acceptances of banks whose senior
4		obligations are rated in the top 2 rating categories by 2
5		national rating agencies and maintain that rating during
6		the term of the investment.
7		(7) Short-term obligations of either corporations or
8		limited liability companies organized in the United States
9		with assets exceeding $500,000,000 if (i) the obligations
10		are rated at the time of purchase at one of the 3 highest
11		classifications established by at least 2 standard rating
12		services and mature not later than 270 days from the date
13		of purchase, (ii) the purchases do not exceed 10% of the
14		corporation's or the limited liability company's
15		outstanding obligations, (iii) no more than one-third of
16		the public agency's funds are invested in short-term
17		obligations of either corporations or limited liability
18		companies, and (iv) the corporation or the limited
19		liability company has not been placed on the list of
20		restricted companies by the Illinois Investment Policy
21		Board under Section 1-110.16 of the Illinois Pension Code.
22		(7.5) Obligations of either corporations or limited
23		liability companies organized in the United States, that
24		have a significant presence in this State, with assets
25		exceeding $500,000,000 if: (i) the obligations are rated
26		at the time of purchase at one of the 3 highest

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1		classifications established by at least 2 standard rating
2		services and mature more than 270 days, but less than 10
3		years, from the date of purchase; (ii) the purchases do
4		not exceed 10% of the corporation's or the limited
5		liability company's outstanding obligations; (iii) no more
6		than one-third of the public agency's funds are invested
7		in such obligations of corporations or limited liability
8		companies; and (iv) the corporation or the limited
9		liability company has not been placed on the list of
10		restricted companies by the Illinois Investment Policy
11		Board under Section 1-110.16 of the Illinois Pension Code.
12		(8) Money market mutual funds registered under the
13		Investment Company Act of 1940.
14		(9) The Public Treasurers' Investment Pool created
15		under Section 17 of the State Treasurer Act or in a fund
16		managed, operated, and administered by a bank.
17		(10) Repurchase agreements of government securities
18		having the meaning set out in the Government Securities
19		Act of 1986, as now or hereafter amended or succeeded,
20		subject to the provisions of that Act and the regulations
21		issued thereunder.
22		(11) Investments made in accordance with the
23		Technology Development Act.
24		(12) Investments made in accordance with the Student
25		Investment Account Act.
26		For purposes of this Section, "agencies" of the United

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1		States Government includes:
2		(i) the federal land banks, federal intermediate
3		credit banks, banks for cooperatives, federal farm credit
4		banks, or any other entity authorized to issue debt
5		obligations under the Farm Credit Act of 1971 (12 U.S.C.
6		2001 et seq.) and Acts amendatory thereto;
7		(ii) the federal home loan banks and the federal home
8		loan mortgage corporation;
9		(iii) the Commodity Credit Corporation; and
10		(iv) any other agency created by Act of Congress.
11		The Treasurer may, with the approval of the Governor, lend
12		any securities acquired under this Act. However, securities
13		may be lent under this Section only in accordance with Federal
14		Financial Institution Examination Council guidelines and only
15		if the securities are collateralized at a level sufficient to
16		assure the safety of the securities, taking into account
17		market value fluctuation. The securities may be collateralized
18		by cash or collateral acceptable under Sections 11 and 11.1.
19		(Source: P.A. 100-1107, eff. 8-27-18; 101-81, eff. 7-12-19;
20		101-206, eff. 8-2-19; 101-586, eff. 8-26-19; revised 9-25-19.)
21		Section 85. The Civil Administrative Code of Illinois is
22		amended by changing Section 5-565 as follows:
23		(20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
24		Sec. 5-565. In the Department of Public Health.

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1		(a) The General Assembly declares it to be the public
2		policy of this State that all citizens of Illinois are
3		entitled to lead healthy lives. Governmental public health has
4		a specific responsibility to ensure that a public health
5		system is in place to allow the public health mission to be
6		achieved. The public health system is the collection of
7		public, private, and voluntary entities as well as individuals
8		and informal associations that contribute to the public's
9		health within the State. To develop a public health system
10		requires certain core functions to be performed by government.
11		The State Board of Health is to assume the leadership role in
12		advising the Director in meeting the following functions:
13		(1) Needs assessment.
14		(2) Statewide health objectives.
15		(3) Policy development.
16		(4) Assurance of access to necessary services.
17		There shall be a State Board of Health composed of 20
18		persons, all of whom shall be appointed by the Governor, with
19		the advice and consent of the Senate for those appointed by the
20		Governor on and after June 30, 1998, and one of whom shall be a
21		senior citizen age 60 or over. Five members shall be
22		physicians licensed to practice medicine in all its branches,
23		one representing a medical school faculty, one who is board
24		certified in preventive medicine, and one who is engaged in
25		private practice. One member shall be a chiropractic
26		physician. One member shall be a dentist; one an environmental

SB2435 Enrolled - 126 - LRB102 04062 AMC 14078 b
1		health practitioner; one a local public health administrator;
2		one a local board of health member; one a registered nurse; one
3		a physical therapist; one an optometrist; one a veterinarian;
4		one a public health academician; one a health care industry
5		representative; one a representative of the business
6		community; one a representative of the non-profit public
7		interest community; and 2 shall be citizens at large.
8		The terms of Board of Health members shall be 3 years,
9		except that members shall continue to serve on the Board of
10		Health until a replacement is appointed. Upon the effective
11		date of Public Act 93-975 (January 1, 2005) this amendatory
12		Act of the 93rd General Assembly, in the appointment of the
13		Board of Health members appointed to vacancies or positions
14		with terms expiring on or before December 31, 2004, the
15		Governor shall appoint up to 6 members to serve for terms of 3
16		years; up to 6 members to serve for terms of 2 years; and up to
17		5 members to serve for a term of one year, so that the term of
18		no more than 6 members expire in the same year. All members
19		shall be legal residents of the State of Illinois. The duties
20		of the Board shall include, but not be limited to, the
21		following:
22		(1) To advise the Department of ways to encourage
23		public understanding and support of the Department's
24		programs.
25		(2) To evaluate all boards, councils, committees,
26		authorities, and bodies advisory to, or an adjunct of, the

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1		Department of Public Health or its Director for the
2		purpose of recommending to the Director one or more of the
3		following:
4		(i) The elimination of bodies whose activities are
5		not consistent with goals and objectives of the
6		Department.
7		(ii) The consolidation of bodies whose activities
8		encompass compatible programmatic subjects.
9		(iii) The restructuring of the relationship
10		between the various bodies and their integration
11		within the organizational structure of the Department.
12		(iv) The establishment of new bodies deemed
13		essential to the functioning of the Department.
14		(3) To serve as an advisory group to the Director for
15		public health emergencies and control of health hazards.
16		(4) To advise the Director regarding public health
17		policy, and to make health policy recommendations
18		regarding priorities to the Governor through the Director.
19		(5) To present public health issues to the Director
20		and to make recommendations for the resolution of those
21		issues.
22		(6) To recommend studies to delineate public health
23		problems.
24		(7) To make recommendations to the Governor through
25		the Director regarding the coordination of State public
26		health activities with other State and local public health

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1		agencies and organizations.
2		(8) To report on or before February 1 of each year on
3		the health of the residents of Illinois to the Governor,
4		the General Assembly, and the public.
5		(9) To review the final draft of all proposed
6		administrative rules, other than emergency or peremptory
7		preemptory rules and those rules that another advisory
8		body must approve or review within a statutorily defined
9		time period, of the Department after September 19, 1991
10		(the effective date of Public Act 87-633). The Board shall
11		review the proposed rules within 90 days of submission by
12		the Department. The Department shall take into
13		consideration any comments and recommendations of the
14		Board regarding the proposed rules prior to submission to
15		the Secretary of State for initial publication. If the
16		Department disagrees with the recommendations of the
17		Board, it shall submit a written response outlining the
18		reasons for not accepting the recommendations.
19		In the case of proposed administrative rules or
20		amendments to administrative rules regarding immunization
21		of children against preventable communicable diseases
22		designated by the Director under the Communicable Disease
23		Prevention Act, after the Immunization Advisory Committee
24		has made its recommendations, the Board shall conduct 3
25		public hearings, geographically distributed throughout the
26		State. At the conclusion of the hearings, the State Board

SB2435 Enrolled - 129 - LRB102 04062 AMC 14078 b
1		of Health shall issue a report, including its
2		recommendations, to the Director. The Director shall take
3		into consideration any comments or recommendations made by
4		the Board based on these hearings.
5		(10) To deliver to the Governor for presentation to
6		the General Assembly a State Health Improvement Plan. The
7		first 3 such plans shall be delivered to the Governor on
8		January 1, 2006, January 1, 2009, and January 1, 2016 and
9		then every 5 years thereafter.
10		The Plan shall recommend priorities and strategies to
11		improve the public health system and the health status of
12		Illinois residents, taking into consideration national
13		health objectives and system standards as frameworks for
14		assessment.
15		The Plan shall also take into consideration priorities
16		and strategies developed at the community level through
17		the Illinois Project for Local Assessment of Needs (IPLAN)
18		and any regional health improvement plans that may be
19		developed. The Plan shall focus on prevention as a key
20		strategy for long-term health improvement in Illinois.
21		The Plan shall examine and make recommendations on the
22		contributions and strategies of the public and private
23		sectors for improving health status and the public health
24		system in the State. In addition to recommendations on
25		health status improvement priorities and strategies for
26		the population of the State as a whole, the Plan shall make

SB2435 Enrolled - 130 - LRB102 04062 AMC 14078 b
1		recommendations regarding priorities and strategies for
2		reducing and eliminating health disparities in Illinois;
3		including racial, ethnic, gender, age, socio-economic, and
4		geographic disparities.
5		The Director of the Illinois Department of Public
6		Health shall appoint a Planning Team that includes a range
7		of public, private, and voluntary sector stakeholders and
8		participants in the public health system. This Team shall
9		include: the directors of State agencies with public
10		health responsibilities (or their designees), including,
11		but not limited to, the Illinois Departments of Public
12		Health and Department of Human Services, representatives
13		of local health departments, representatives of local
14		community health partnerships, and individuals with
15		expertise who represent an array of organizations and
16		constituencies engaged in public health improvement and
17		prevention.
18		The State Board of Health shall hold at least 3 public
19		hearings addressing drafts of the Plan in representative
20		geographic areas of the State. Members of the Planning
21		Team shall receive no compensation for their services, but
22		may be reimbursed for their necessary expenses.
23		Upon the delivery of each State Health Improvement
24		Plan, the Governor shall appoint a SHIP Implementation
25		Coordination Council that includes a range of public,
26		private, and voluntary sector stakeholders and

SB2435 Enrolled - 131 - LRB102 04062 AMC 14078 b
1		participants in the public health system. The Council
2		shall include the directors of State agencies and entities
3		with public health system responsibilities (or their
4		designees), including, but not limited to, the Department
5		of Public Health, Department of Human Services, Department
6		of Healthcare and Family Services, Environmental
7		Protection Agency, Illinois State Board of Education,
8		Department on Aging, Illinois Violence Prevention
9		Authority, Department of Agriculture, Department of
10		Insurance, Department of Financial and Professional
11		Regulation, Department of Transportation, and Department
12		of Commerce and Economic Opportunity and the Chair of the
13		State Board of Health. The Council shall include
14		representatives of local health departments and
15		individuals with expertise who represent an array of
16		organizations and constituencies engaged in public health
17		improvement and prevention, including non-profit public
18		interest groups, health issue groups, faith community
19		groups, health care providers, businesses and employers,
20		academic institutions, and community-based organizations.
21		The Governor shall endeavor to make the membership of the
22		Council representative of the racial, ethnic, gender,
23		socio-economic, and geographic diversity of the State. The
24		Governor shall designate one State agency representative
25		and one other non-governmental member as co-chairs of the
26		Council. The Governor shall designate a member of the

SB2435 Enrolled - 132 - LRB102 04062 AMC 14078 b
1		Governor's office to serve as liaison to the Council and
2		one or more State agencies to provide or arrange for
3		support to the Council. The members of the SHIP
4		Implementation Coordination Council for each State Health
5		Improvement Plan shall serve until the delivery of the
6		subsequent State Health Improvement Plan, whereupon a new
7		Council shall be appointed. Members of the SHIP Planning
8		Team may serve on the SHIP Implementation Coordination
9		Council if so appointed by the Governor.
10		The SHIP Implementation Coordination Council shall
11		coordinate the efforts and engagement of the public,
12		private, and voluntary sector stakeholders and
13		participants in the public health system to implement each
14		SHIP. The Council shall serve as a forum for collaborative
15		action; coordinate existing and new initiatives; develop
16		detailed implementation steps, with mechanisms for action;
17		implement specific projects; identify public and private
18		funding sources at the local, State and federal level;
19		promote public awareness of the SHIP; advocate for the
20		implementation of the SHIP; and develop an annual report
21		to the Governor, General Assembly, and public regarding
22		the status of implementation of the SHIP. The Council
23		shall not, however, have the authority to direct any
24		public or private entity to take specific action to
25		implement the SHIP.
26		(11) Upon the request of the Governor, to recommend to

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1		the Governor candidates for Director of Public Health when
2		vacancies occur in the position.
3		(12) To adopt bylaws for the conduct of its own
4		business, including the authority to establish ad hoc
5		committees to address specific public health programs
6		requiring resolution.
7		(13) (Blank).
8		Upon appointment, the Board shall elect a chairperson from
9		among its members.
10		Members of the Board shall receive compensation for their
11		services at the rate of $150 per day, not to exceed $10,000 per
12		year, as designated by the Director for each day required for
13		transacting the business of the Board and shall be reimbursed
14		for necessary expenses incurred in the performance of their
15		duties. The Board shall meet from time to time at the call of
16		the Department, at the call of the chairperson, or upon the
17		request of 3 of its members, but shall not meet less than 4
18		times per year.
19		(b) (Blank).
20		(c) An Advisory Board on Necropsy Service to Coroners,
21		which shall counsel and advise with the Director on the
22		administration of the Autopsy Act. The Advisory Board shall
23		consist of 11 members, including a senior citizen age 60 or
24		over, appointed by the Governor, one of whom shall be
25		designated as chairman by a majority of the members of the
26		Board. In the appointment of the first Board the Governor

SB2435 Enrolled - 134 - LRB102 04062 AMC 14078 b
1		shall appoint 3 members to serve for terms of 1 year, 3 for
2		terms of 2 years, and 3 for terms of 3 years. The members first
3		appointed under Public Act 83-1538 shall serve for a term of 3
4		years. All members appointed thereafter shall be appointed for
5		terms of 3 years, except that when an appointment is made to
6		fill a vacancy, the appointment shall be for the remaining
7		term of the position vacant. The members of the Board shall be
8		citizens of the State of Illinois. In the appointment of
9		members of the Advisory Board the Governor shall appoint 3
10		members who shall be persons licensed to practice medicine and
11		surgery in the State of Illinois, at least 2 of whom shall have
12		received post-graduate training in the field of pathology; 3
13		members who are duly elected coroners in this State; and 5
14		members who shall have interest and abilities in the field of
15		forensic medicine but who shall be neither persons licensed to
16		practice any branch of medicine in this State nor coroners. In
17		the appointment of medical and coroner members of the Board,
18		the Governor shall invite nominations from recognized medical
19		and coroners organizations in this State respectively. Board
20		members, while serving on business of the Board, shall receive
21		actual necessary travel and subsistence expenses while so
22		serving away from their places of residence.
23		(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
24		revised 7-17-19.)
25		Section 90. The Children and Family Services Act is

SB2435 Enrolled - 135 - LRB102 04062 AMC 14078 b
1		amended by changing Section 5 and by setting forth,
2		renumbering, and changing multiple versions of Section 42 as
3		follows:
4		(20 ILCS 505/5) (from Ch. 23, par. 5005)
5		Sec. 5. Direct child welfare services; Department of
6		Children and Family Services. To provide direct child welfare
7		services when not available through other public or private
8		child care or program facilities.
9		(a) For purposes of this Section:
10		(1) "Children" means persons found within the State
11		who are under the age of 18 years. The term also includes
12		persons under age 21 who:
13		(A) were committed to the Department pursuant to
14		the Juvenile Court Act or the Juvenile Court Act of
15		1987, as amended, and who continue under the
16		jurisdiction of the court; or
17		(B) were accepted for care, service and training
18		by the Department prior to the age of 18 and whose best
19		interest in the discretion of the Department would be
20		served by continuing that care, service and training
21		because of severe emotional disturbances, physical
22		disability, social adjustment or any combination
23		thereof, or because of the need to complete an
24		educational or vocational training program.
25		(2) "Homeless youth" means persons found within the

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1		State who are under the age of 19, are not in a safe and
2		stable living situation and cannot be reunited with their
3		families.
4		(3) "Child welfare services" means public social
5		services which are directed toward the accomplishment of
6		the following purposes:
7		(A) protecting and promoting the health, safety
8		and welfare of children, including homeless,
9		dependent, or neglected children;
10		(B) remedying, or assisting in the solution of
11		problems which may result in, the neglect, abuse,
12		exploitation, or delinquency of children;
13		(C) preventing the unnecessary separation of
14		children from their families by identifying family
15		problems, assisting families in resolving their
16		problems, and preventing the breakup of the family
17		where the prevention of child removal is desirable and
18		possible when the child can be cared for at home
19		without endangering the child's health and safety;
20		(D) restoring to their families children who have
21		been removed, by the provision of services to the
22		child and the families when the child can be cared for
23		at home without endangering the child's health and
24		safety;
25		(E) placing children in suitable adoptive homes,
26		in cases where restoration to the biological family is

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1		not safe, possible, or appropriate;
2		(F) assuring safe and adequate care of children
3		away from their homes, in cases where the child cannot
4		be returned home or cannot be placed for adoption. At
5		the time of placement, the Department shall consider
6		concurrent planning, as described in subsection (l-1)
7		of this Section so that permanency may occur at the
8		earliest opportunity. Consideration should be given so
9		that if reunification fails or is delayed, the
10		placement made is the best available placement to
11		provide permanency for the child;
12		(G) (blank);
13		(H) (blank); and
14		(I) placing and maintaining children in facilities
15		that provide separate living quarters for children
16		under the age of 18 and for children 18 years of age
17		and older, unless a child 18 years of age is in the
18		last year of high school education or vocational
19		training, in an approved individual or group treatment
20		program, in a licensed shelter facility, or secure
21		child care facility. The Department is not required to
22		place or maintain children:
23		(i) who are in a foster home, or
24		(ii) who are persons with a developmental
25		disability, as defined in the Mental Health and
26		Developmental Disabilities Code, or

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1		(iii) who are female children who are
2		pregnant, pregnant and parenting, or parenting, or
3		(iv) who are siblings, in facilities that
4		provide separate living quarters for children 18
5		years of age and older and for children under 18
6		years of age.
7		(b) (Blank).
8		(c) The Department shall establish and maintain
9		tax-supported child welfare services and extend and seek to
10		improve voluntary services throughout the State, to the end
11		that services and care shall be available on an equal basis
12		throughout the State to children requiring such services.
13		(d) The Director may authorize advance disbursements for
14		any new program initiative to any agency contracting with the
15		Department. As a prerequisite for an advance disbursement, the
16		contractor must post a surety bond in the amount of the advance
17		disbursement and have a purchase of service contract approved
18		by the Department. The Department may pay up to 2 months
19		operational expenses in advance. The amount of the advance
20		disbursement shall be prorated over the life of the contract
21		or the remaining months of the fiscal year, whichever is less,
22		and the installment amount shall then be deducted from future
23		bills. Advance disbursement authorizations for new initiatives
24		shall not be made to any agency after that agency has operated
25		during 2 consecutive fiscal years. The requirements of this
26		Section concerning advance disbursements shall not apply with

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1		respect to the following: payments to local public agencies
2		for child day care services as authorized by Section 5a of this
3		Act; and youth service programs receiving grant funds under
4		Section 17a-4.
5		(e) (Blank).
6		(f) (Blank).
7		(g) The Department shall establish rules and regulations
8		concerning its operation of programs designed to meet the
9		goals of child safety and protection, family preservation,
10		family reunification, and adoption, including, but not limited
11		to:
12		(1) adoption;
13		(2) foster care;
14		(3) family counseling;
15		(4) protective services;
16		(5) (blank);
17		(6) homemaker service;
18		(7) return of runaway children;
19		(8) (blank);
20		(9) placement under Section 5-7 of the Juvenile Court
21		Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
22		Court Act of 1987 in accordance with the federal Adoption
23		Assistance and Child Welfare Act of 1980; and
24		(10) interstate services.
25		Rules and regulations established by the Department shall
26		include provisions for training Department staff and the staff

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1		of Department grantees, through contracts with other agencies
2		or resources, in screening techniques to identify substance
3		use disorders, as defined in the Substance Use Disorder Act,
4		approved by the Department of Human Services, as a successor
5		to the Department of Alcoholism and Substance Abuse, for the
6		purpose of identifying children and adults who should be
7		referred for an assessment at an organization appropriately
8		licensed by the Department of Human Services for substance use
9		disorder treatment.
10		(h) If the Department finds that there is no appropriate
11		program or facility within or available to the Department for
12		a youth in care and that no licensed private facility has an
13		adequate and appropriate program or none agrees to accept the
14		youth in care, the Department shall create an appropriate
15		individualized, program-oriented plan for such youth in care.
16		The plan may be developed within the Department or through
17		purchase of services by the Department to the extent that it is
18		within its statutory authority to do.
19		(i) Service programs shall be available throughout the
20		State and shall include but not be limited to the following
21		services:
22		(1) case management;
23		(2) homemakers;
24		(3) counseling;
25		(4) parent education;
26		(5) day care; and

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1		(6) emergency assistance and advocacy.
2		In addition, the following services may be made available
3		to assess and meet the needs of children and families:
4		(1) comprehensive family-based services;
5		(2) assessments;
6		(3) respite care; and
7		(4) in-home health services.
8		The Department shall provide transportation for any of the
9		services it makes available to children or families or for
10		which it refers children or families.
11		(j) The Department may provide categories of financial
12		assistance and education assistance grants, and shall
13		establish rules and regulations concerning the assistance and
14		grants, to persons who adopt children with physical or mental
15		disabilities, children who are older, or other hard-to-place
16		children who (i) immediately prior to their adoption were
17		youth in care or (ii) were determined eligible for financial
18		assistance with respect to a prior adoption and who become
19		available for adoption because the prior adoption has been
20		dissolved and the parental rights of the adoptive parents have
21		been terminated or because the child's adoptive parents have
22		died. The Department may continue to provide financial
23		assistance and education assistance grants for a child who was
24		determined eligible for financial assistance under this
25		subsection (j) in the interim period beginning when the
26		child's adoptive parents died and ending with the finalization

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1		of the new adoption of the child by another adoptive parent or
2		parents. The Department may also provide categories of
3		financial assistance and education assistance grants, and
4		shall establish rules and regulations for the assistance and
5		grants, to persons appointed guardian of the person under
6		Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
7		4-25, or 5-740 of the Juvenile Court Act of 1987 for children
8		who were youth in care for 12 months immediately prior to the
9		appointment of the guardian.
10		The amount of assistance may vary, depending upon the
11		needs of the child and the adoptive parents, as set forth in
12		the annual assistance agreement. Special purpose grants are
13		allowed where the child requires special service but such
14		costs may not exceed the amounts which similar services would
15		cost the Department if it were to provide or secure them as
16		guardian of the child.
17		Any financial assistance provided under this subsection is
18		inalienable by assignment, sale, execution, attachment,
19		garnishment, or any other remedy for recovery or collection of
20		a judgment or debt.
21		(j-5) The Department shall not deny or delay the placement
22		of a child for adoption if an approved family is available
23		either outside of the Department region handling the case, or
24		outside of the State of Illinois.
25		(k) The Department shall accept for care and training any
26		child who has been adjudicated neglected or abused, or

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1		dependent committed to it pursuant to the Juvenile Court Act
2		or the Juvenile Court Act of 1987.
3		(l) The Department shall offer family preservation
4		services, as defined in Section 8.2 of the Abused and
5		Neglected Child Reporting Act, to help families, including
6		adoptive and extended families. Family preservation services
7		shall be offered (i) to prevent the placement of children in
8		substitute care when the children can be cared for at home or
9		in the custody of the person responsible for the children's
10		welfare, (ii) to reunite children with their families, or
11		(iii) to maintain an adoptive placement. Family preservation
12		services shall only be offered when doing so will not endanger
13		the children's health or safety. With respect to children who
14		are in substitute care pursuant to the Juvenile Court Act of
15		1987, family preservation services shall not be offered if a
16		goal other than those of subdivisions (A), (B), or (B-1) of
17		subsection (2) of Section 2-28 of that Act has been set, except
18		that reunification services may be offered as provided in
19		paragraph (F) of subsection (2) of Section 2-28 of that Act.
20		Nothing in this paragraph shall be construed to create a
21		private right of action or claim on the part of any individual
22		or child welfare agency, except that when a child is the
23		subject of an action under Article II of the Juvenile Court Act
24		of 1987 and the child's service plan calls for services to
25		facilitate achievement of the permanency goal, the court
26		hearing the action under Article II of the Juvenile Court Act

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1		of 1987 may order the Department to provide the services set
2		out in the plan, if those services are not provided with
3		reasonable promptness and if those services are available.
4		The Department shall notify the child and his family of
5		the Department's responsibility to offer and provide family
6		preservation services as identified in the service plan. The
7		child and his family shall be eligible for services as soon as
8		the report is determined to be "indicated". The Department may
9		offer services to any child or family with respect to whom a
10		report of suspected child abuse or neglect has been filed,
11		prior to concluding its investigation under Section 7.12 of
12		the Abused and Neglected Child Reporting Act. However, the
13		child's or family's willingness to accept services shall not
14		be considered in the investigation. The Department may also
15		provide services to any child or family who is the subject of
16		any report of suspected child abuse or neglect or may refer
17		such child or family to services available from other agencies
18		in the community, even if the report is determined to be
19		unfounded, if the conditions in the child's or family's home
20		are reasonably likely to subject the child or family to future
21		reports of suspected child abuse or neglect. Acceptance of
22		such services shall be voluntary. The Department may also
23		provide services to any child or family after completion of a
24		family assessment, as an alternative to an investigation, as
25		provided under the "differential response program" provided
26		for in subsection (a-5) of Section 7.4 of the Abused and

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1		Neglected Child Reporting Act.
2		The Department may, at its discretion except for those
3		children also adjudicated neglected or dependent, accept for
4		care and training any child who has been adjudicated addicted,
5		as a truant minor in need of supervision or as a minor
6		requiring authoritative intervention, under the Juvenile Court
7		Act or the Juvenile Court Act of 1987, but no such child shall
8		be committed to the Department by any court without the
9		approval of the Department. On and after January 1, 2015 (the
10		effective date of Public Act 98-803) and before January 1,
11		2017, a minor charged with a criminal offense under the
12		Criminal Code of 1961 or the Criminal Code of 2012 or
13		adjudicated delinquent shall not be placed in the custody of
14		or committed to the Department by any court, except (i) a minor
15		less than 16 years of age committed to the Department under
16		Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
17		for whom an independent basis of abuse, neglect, or dependency
18		exists, which must be defined by departmental rule, or (iii) a
19		minor for whom the court has granted a supplemental petition
20		to reinstate wardship pursuant to subsection (2) of Section
21		2-33 of the Juvenile Court Act of 1987. On and after January 1,
22		2017, a minor charged with a criminal offense under the
23		Criminal Code of 1961 or the Criminal Code of 2012 or
24		adjudicated delinquent shall not be placed in the custody of
25		or committed to the Department by any court, except (i) a minor
26		less than 15 years of age committed to the Department under

SB2435 Enrolled - 146 - LRB102 04062 AMC 14078 b
1		Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
2		for whom an independent basis of abuse, neglect, or dependency
3		exists, which must be defined by departmental rule, or (iii) a
4		minor for whom the court has granted a supplemental petition
5		to reinstate wardship pursuant to subsection (2) of Section
6		2-33 of the Juvenile Court Act of 1987. An independent basis
7		exists when the allegations or adjudication of abuse, neglect,
8		or dependency do not arise from the same facts, incident, or
9		circumstances which give rise to a charge or adjudication of
10		delinquency. The Department shall assign a caseworker to
11		attend any hearing involving a youth in the care and custody of
12		the Department who is placed on aftercare release, including
13		hearings involving sanctions for violation of aftercare
14		release conditions and aftercare release revocation hearings.
15		As soon as is possible after August 7, 2009 (the effective
16		date of Public Act 96-134), the Department shall develop and
17		implement a special program of family preservation services to
18		support intact, foster, and adoptive families who are
19		experiencing extreme hardships due to the difficulty and
20		stress of caring for a child who has been diagnosed with a
21		pervasive developmental disorder if the Department determines
22		that those services are necessary to ensure the health and
23		safety of the child. The Department may offer services to any
24		family whether or not a report has been filed under the Abused
25		and Neglected Child Reporting Act. The Department may refer
26		the child or family to services available from other agencies

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1		in the community if the conditions in the child's or family's
2		home are reasonably likely to subject the child or family to
3		future reports of suspected child abuse or neglect. Acceptance
4		of these services shall be voluntary. The Department shall
5		develop and implement a public information campaign to alert
6		health and social service providers and the general public
7		about these special family preservation services. The nature
8		and scope of the services offered and the number of families
9		served under the special program implemented under this
10		paragraph shall be determined by the level of funding that the
11		Department annually allocates for this purpose. The term
12		"pervasive developmental disorder" under this paragraph means
13		a neurological condition, including, but not limited to,
14		Asperger's Syndrome and autism, as defined in the most recent
15		edition of the Diagnostic and Statistical Manual of Mental
16		Disorders of the American Psychiatric Association.
17		(l-1) The legislature recognizes that the best interests
18		of the child require that the child be placed in the most
19		permanent living arrangement as soon as is practically
20		possible. To achieve this goal, the legislature directs the
21		Department of Children and Family Services to conduct
22		concurrent planning so that permanency may occur at the
23		earliest opportunity. Permanent living arrangements may
24		include prevention of placement of a child outside the home of
25		the family when the child can be cared for at home without
26		endangering the child's health or safety; reunification with

SB2435 Enrolled - 148 - LRB102 04062 AMC 14078 b
1		the family, when safe and appropriate, if temporary placement
2		is necessary; or movement of the child toward the most
3		permanent living arrangement and permanent legal status.
4		When determining reasonable efforts to be made with
5		respect to a child, as described in this subsection, and in
6		making such reasonable efforts, the child's health and safety
7		shall be the paramount concern.
8		When a child is placed in foster care, the Department
9		shall ensure and document that reasonable efforts were made to
10		prevent or eliminate the need to remove the child from the
11		child's home. The Department must make reasonable efforts to
12		reunify the family when temporary placement of the child
13		occurs unless otherwise required, pursuant to the Juvenile
14		Court Act of 1987. At any time after the dispositional hearing
15		where the Department believes that further reunification
16		services would be ineffective, it may request a finding from
17		the court that reasonable efforts are no longer appropriate.
18		The Department is not required to provide further
19		reunification services after such a finding.
20		A decision to place a child in substitute care shall be
21		made with considerations of the child's health, safety, and
22		best interests. At the time of placement, consideration should
23		also be given so that if reunification fails or is delayed, the
24		placement made is the best available placement to provide
25		permanency for the child.
26		The Department shall adopt rules addressing concurrent

SB2435 Enrolled - 149 - LRB102 04062 AMC 14078 b
1		planning for reunification and permanency. The Department
2		shall consider the following factors when determining
3		appropriateness of concurrent planning:
4		(1) the likelihood of prompt reunification;
5		(2) the past history of the family;
6		(3) the barriers to reunification being addressed by
7		the family;
8		(4) the level of cooperation of the family;
9		(5) the foster parents' willingness to work with the
10		family to reunite;
11		(6) the willingness and ability of the foster family
12		to provide an adoptive home or long-term placement;
13		(7) the age of the child;
14		(8) placement of siblings.
15		(m) The Department may assume temporary custody of any
16		child if:
17		(1) it has received a written consent to such
18		temporary custody signed by the parents of the child or by
19		the parent having custody of the child if the parents are
20		not living together or by the guardian or custodian of the
21		child if the child is not in the custody of either parent,
22		or
23		(2) the child is found in the State and neither a
24		parent, guardian nor custodian of the child can be
25		located.
26		If the child is found in his or her residence without a parent,

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1		guardian, custodian, or responsible caretaker, the Department
2		may, instead of removing the child and assuming temporary
3		custody, place an authorized representative of the Department
4		in that residence until such time as a parent, guardian, or
5		custodian enters the home and expresses a willingness and
6		apparent ability to ensure the child's health and safety and
7		resume permanent charge of the child, or until a relative
8		enters the home and is willing and able to ensure the child's
9		health and safety and assume charge of the child until a
10		parent, guardian, or custodian enters the home and expresses
11		such willingness and ability to ensure the child's safety and
12		resume permanent charge. After a caretaker has remained in the
13		home for a period not to exceed 12 hours, the Department must
14		follow those procedures outlined in Section 2-9, 3-11, 4-8, or
15		5-415 of the Juvenile Court Act of 1987.
16		The Department shall have the authority, responsibilities
17		and duties that a legal custodian of the child would have
18		pursuant to subsection (9) of Section 1-3 of the Juvenile
19		Court Act of 1987. Whenever a child is taken into temporary
20		custody pursuant to an investigation under the Abused and
21		Neglected Child Reporting Act, or pursuant to a referral and
22		acceptance under the Juvenile Court Act of 1987 of a minor in
23		limited custody, the Department, during the period of
24		temporary custody and before the child is brought before a
25		judicial officer as required by Section 2-9, 3-11, 4-8, or
26		5-415 of the Juvenile Court Act of 1987, shall have the

SB2435 Enrolled - 151 - LRB102 04062 AMC 14078 b
1		authority, responsibilities and duties that a legal custodian
2		of the child would have under subsection (9) of Section 1-3 of
3		the Juvenile Court Act of 1987.
4		The Department shall ensure that any child taken into
5		custody is scheduled for an appointment for a medical
6		examination.
7		A parent, guardian, or custodian of a child in the
8		temporary custody of the Department who would have custody of
9		the child if he were not in the temporary custody of the
10		Department may deliver to the Department a signed request that
11		the Department surrender the temporary custody of the child.
12		The Department may retain temporary custody of the child for
13		10 days after the receipt of the request, during which period
14		the Department may cause to be filed a petition pursuant to the
15		Juvenile Court Act of 1987. If a petition is so filed, the
16		Department shall retain temporary custody of the child until
17		the court orders otherwise. If a petition is not filed within
18		the 10-day period, the child shall be surrendered to the
19		custody of the requesting parent, guardian, or custodian not
20		later than the expiration of the 10-day period, at which time
21		the authority and duties of the Department with respect to the
22		temporary custody of the child shall terminate.
23		(m-1) The Department may place children under 18 years of
24		age in a secure child care facility licensed by the Department
25		that cares for children who are in need of secure living
26		arrangements for their health, safety, and well-being after a

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1		determination is made by the facility director and the
2		Director or the Director's designate prior to admission to the
3		facility subject to Section 2-27.1 of the Juvenile Court Act
4		of 1987. This subsection (m-1) does not apply to a child who is
5		subject to placement in a correctional facility operated
6		pursuant to Section 3-15-2 of the Unified Code of Corrections,
7		unless the child is a youth in care who was placed in the care
8		of the Department before being subject to placement in a
9		correctional facility and a court of competent jurisdiction
10		has ordered placement of the child in a secure care facility.
11		(n) The Department may place children under 18 years of
12		age in licensed child care facilities when in the opinion of
13		the Department, appropriate services aimed at family
14		preservation have been unsuccessful and cannot ensure the
15		child's health and safety or are unavailable and such
16		placement would be for their best interest. Payment for board,
17		clothing, care, training and supervision of any child placed
18		in a licensed child care facility may be made by the
19		Department, by the parents or guardians of the estates of
20		those children, or by both the Department and the parents or
21		guardians, except that no payments shall be made by the
22		Department for any child placed in a licensed child care
23		facility for board, clothing, care, training and supervision
24		of such a child that exceed the average per capita cost of
25		maintaining and of caring for a child in institutions for
26		dependent or neglected children operated by the Department.

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1		However, such restriction on payments does not apply in cases
2		where children require specialized care and treatment for
3		problems of severe emotional disturbance, physical disability,
4		social adjustment, or any combination thereof and suitable
5		facilities for the placement of such children are not
6		available at payment rates within the limitations set forth in
7		this Section. All reimbursements for services delivered shall
8		be absolutely inalienable by assignment, sale, attachment, or
9		garnishment or otherwise.
10		(n-1) The Department shall provide or authorize child
11		welfare services, aimed at assisting minors to achieve
12		sustainable self-sufficiency as independent adults, for any
13		minor eligible for the reinstatement of wardship pursuant to
14		subsection (2) of Section 2-33 of the Juvenile Court Act of
15		1987, whether or not such reinstatement is sought or allowed,
16		provided that the minor consents to such services and has not
17		yet attained the age of 21. The Department shall have
18		responsibility for the development and delivery of services
19		under this Section. An eligible youth may access services
20		under this Section through the Department of Children and
21		Family Services or by referral from the Department of Human
22		Services. Youth participating in services under this Section
23		shall cooperate with the assigned case manager in developing
24		an agreement identifying the services to be provided and how
25		the youth will increase skills to achieve self-sufficiency. A
26		homeless shelter is not considered appropriate housing for any

SB2435 Enrolled - 154 - LRB102 04062 AMC 14078 b
1		youth receiving child welfare services under this Section. The
2		Department shall continue child welfare services under this
3		Section to any eligible minor until the minor becomes 21 years
4		of age, no longer consents to participate, or achieves
5		self-sufficiency as identified in the minor's service plan.
6		The Department of Children and Family Services shall create
7		clear, readable notice of the rights of former foster youth to
8		child welfare services under this Section and how such
9		services may be obtained. The Department of Children and
10		Family Services and the Department of Human Services shall
11		disseminate this information statewide. The Department shall
12		adopt regulations describing services intended to assist
13		minors in achieving sustainable self-sufficiency as
14		independent adults.
15		(o) The Department shall establish an administrative
16		review and appeal process for children and families who
17		request or receive child welfare services from the Department.
18		Youth in care who are placed by private child welfare
19		agencies, and foster families with whom those youth are
20		placed, shall be afforded the same procedural and appeal
21		rights as children and families in the case of placement by the
22		Department, including the right to an initial review of a
23		private agency decision by that agency. The Department shall
24		ensure that any private child welfare agency, which accepts
25		youth in care for placement, affords those rights to children
26		and foster families. The Department shall accept for

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1		administrative review and an appeal hearing a complaint made
2		by (i) a child or foster family concerning a decision
3		following an initial review by a private child welfare agency
4		or (ii) a prospective adoptive parent who alleges a violation
5		of subsection (j-5) of this Section. An appeal of a decision
6		concerning a change in the placement of a child shall be
7		conducted in an expedited manner. A court determination that a
8		current foster home placement is necessary and appropriate
9		under Section 2-28 of the Juvenile Court Act of 1987 does not
10		constitute a judicial determination on the merits of an
11		administrative appeal, filed by a former foster parent,
12		involving a change of placement decision.
13		(p) (Blank).
14		(q) The Department may receive and use, in their entirety,
15		for the benefit of children any gift, donation, or bequest of
16		money or other property which is received on behalf of such
17		children, or any financial benefits to which such children are
18		or may become entitled while under the jurisdiction or care of
19		the Department.
20		The Department shall set up and administer no-cost,
21		interest-bearing accounts in appropriate financial
22		institutions for children for whom the Department is legally
23		responsible and who have been determined eligible for
24		Veterans' Benefits, Social Security benefits, assistance
25		allotments from the armed forces, court ordered payments,
26		parental voluntary payments, Supplemental Security Income,

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1		Railroad Retirement payments, Black Lung benefits, or other
2		miscellaneous payments. Interest earned by each account shall
3		be credited to the account, unless disbursed in accordance
4		with this subsection.
5		In disbursing funds from children's accounts, the
6		Department shall:
7		(1) Establish standards in accordance with State and
8		federal laws for disbursing money from children's
9		accounts. In all circumstances, the Department's
10		"Guardianship Administrator" or his or her designee must
11		approve disbursements from children's accounts. The
12		Department shall be responsible for keeping complete
13		records of all disbursements for each account for any
14		purpose.
15		(2) Calculate on a monthly basis the amounts paid from
16		State funds for the child's board and care, medical care
17		not covered under Medicaid, and social services; and
18		utilize funds from the child's account, as covered by
19		regulation, to reimburse those costs. Monthly,
20		disbursements from all children's accounts, up to 1/12 of
21		$13,000,000, shall be deposited by the Department into the
22		General Revenue Fund and the balance over 1/12 of
23		$13,000,000 into the DCFS Children's Services Fund.
24		(3) Maintain any balance remaining after reimbursing
25		for the child's costs of care, as specified in item (2).
26		The balance shall accumulate in accordance with relevant

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1		State and federal laws and shall be disbursed to the child
2		or his or her guardian, or to the issuing agency.
3		(r) The Department shall promulgate regulations
4		encouraging all adoption agencies to voluntarily forward to
5		the Department or its agent names and addresses of all persons
6		who have applied for and have been approved for adoption of a
7		hard-to-place child or child with a disability and the names
8		of such children who have not been placed for adoption. A list
9		of such names and addresses shall be maintained by the
10		Department or its agent, and coded lists which maintain the
11		confidentiality of the person seeking to adopt the child and
12		of the child shall be made available, without charge, to every
13		adoption agency in the State to assist the agencies in placing
14		such children for adoption. The Department may delegate to an
15		agent its duty to maintain and make available such lists. The
16		Department shall ensure that such agent maintains the
17		confidentiality of the person seeking to adopt the child and
18		of the child.
19		(s) The Department of Children and Family Services may
20		establish and implement a program to reimburse Department and
21		private child welfare agency foster parents licensed by the
22		Department of Children and Family Services for damages
23		sustained by the foster parents as a result of the malicious or
24		negligent acts of foster children, as well as providing third
25		party coverage for such foster parents with regard to actions
26		of foster children to other individuals. Such coverage will be

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1		secondary to the foster parent liability insurance policy, if
2		applicable. The program shall be funded through appropriations
3		from the General Revenue Fund, specifically designated for
4		such purposes.
5		(t) The Department shall perform home studies and
6		investigations and shall exercise supervision over visitation
7		as ordered by a court pursuant to the Illinois Marriage and
8		Dissolution of Marriage Act or the Adoption Act only if:
9		(1) an order entered by an Illinois court specifically
10		directs the Department to perform such services; and
11		(2) the court has ordered one or both of the parties to
12		the proceeding to reimburse the Department for its
13		reasonable costs for providing such services in accordance
14		with Department rules, or has determined that neither
15		party is financially able to pay.
16		The Department shall provide written notification to the
17		court of the specific arrangements for supervised visitation
18		and projected monthly costs within 60 days of the court order.
19		The Department shall send to the court information related to
20		the costs incurred except in cases where the court has
21		determined the parties are financially unable to pay. The
22		court may order additional periodic reports as appropriate.
23		(u) In addition to other information that must be
24		provided, whenever the Department places a child with a
25		prospective adoptive parent or parents, or in a licensed
26		foster home, group home, or child care institution, or in a

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1		relative home, the Department shall provide to the prospective
2		adoptive parent or parents or other caretaker:
3		(1) available detailed information concerning the
4		child's educational and health history, copies of
5		immunization records (including insurance and medical card
6		information), a history of the child's previous
7		placements, if any, and reasons for placement changes
8		excluding any information that identifies or reveals the
9		location of any previous caretaker;
10		(2) a copy of the child's portion of the client
11		service plan, including any visitation arrangement, and
12		all amendments or revisions to it as related to the child;
13		and
14		(3) information containing details of the child's
15		individualized educational plan when the child is
16		receiving special education services.
17		The caretaker shall be informed of any known social or
18		behavioral information (including, but not limited to,
19		criminal background, fire setting, perpetuation of sexual
20		abuse, destructive behavior, and substance abuse) necessary to
21		care for and safeguard the children to be placed or currently
22		in the home. The Department may prepare a written summary of
23		the information required by this paragraph, which may be
24		provided to the foster or prospective adoptive parent in
25		advance of a placement. The foster or prospective adoptive
26		parent may review the supporting documents in the child's file

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1		in the presence of casework staff. In the case of an emergency
2		placement, casework staff shall at least provide known
3		information verbally, if necessary, and must subsequently
4		provide the information in writing as required by this
5		subsection.
6		The information described in this subsection shall be
7		provided in writing. In the case of emergency placements when
8		time does not allow prior review, preparation, and collection
9		of written information, the Department shall provide such
10		information as it becomes available. Within 10 business days
11		after placement, the Department shall obtain from the
12		prospective adoptive parent or parents or other caretaker a
13		signed verification of receipt of the information provided.
14		Within 10 business days after placement, the Department shall
15		provide to the child's guardian ad litem a copy of the
16		information provided to the prospective adoptive parent or
17		parents or other caretaker. The information provided to the
18		prospective adoptive parent or parents or other caretaker
19		shall be reviewed and approved regarding accuracy at the
20		supervisory level.
21		(u-5) Effective July 1, 1995, only foster care placements
22		licensed as foster family homes pursuant to the Child Care Act
23		of 1969 shall be eligible to receive foster care payments from
24		the Department. Relative caregivers who, as of July 1, 1995,
25		were approved pursuant to approved relative placement rules
26		previously promulgated by the Department at 89 Ill. Adm. Code

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1		335 and had submitted an application for licensure as a foster
2		family home may continue to receive foster care payments only
3		until the Department determines that they may be licensed as a
4		foster family home or that their application for licensure is
5		denied or until September 30, 1995, whichever occurs first.
6		(v) The Department shall access criminal history record
7		information as defined in the Illinois Uniform Conviction
8		Information Act and information maintained in the adjudicatory
9		and dispositional record system as defined in Section 2605-355
10		of the Department of State Police Law (20 ILCS 2605/2605-355)
11		if the Department determines the information is necessary to
12		perform its duties under the Abused and Neglected Child
13		Reporting Act, the Child Care Act of 1969, and the Children and
14		Family Services Act. The Department shall provide for
15		interactive computerized communication and processing
16		equipment that permits direct on-line communication with the
17		Department of State Police's central criminal history data
18		repository. The Department shall comply with all certification
19		requirements and provide certified operators who have been
20		trained by personnel from the Department of State Police. In
21		addition, one Office of the Inspector General investigator
22		shall have training in the use of the criminal history
23		information access system and have access to the terminal. The
24		Department of Children and Family Services and its employees
25		shall abide by rules and regulations established by the
26		Department of State Police relating to the access and

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1		dissemination of this information.
2		(v-1) Prior to final approval for placement of a child,
3		the Department shall conduct a criminal records background
4		check of the prospective foster or adoptive parent, including
5		fingerprint-based checks of national crime information
6		databases. Final approval for placement shall not be granted
7		if the record check reveals a felony conviction for child
8		abuse or neglect, for spousal abuse, for a crime against
9		children, or for a crime involving violence, including rape,
10		sexual assault, or homicide, but not including other physical
11		assault or battery, or if there is a felony conviction for
12		physical assault, battery, or a drug-related offense committed
13		within the past 5 years.
14		(v-2) Prior to final approval for placement of a child,
15		the Department shall check its child abuse and neglect
16		registry for information concerning prospective foster and
17		adoptive parents, and any adult living in the home. If any
18		prospective foster or adoptive parent or other adult living in
19		the home has resided in another state in the preceding 5 years,
20		the Department shall request a check of that other state's
21		child abuse and neglect registry.
22		(w) Within 120 days of August 20, 1995 (the effective date
23		of Public Act 89-392), the Department shall prepare and submit
24		to the Governor and the General Assembly, a written plan for
25		the development of in-state licensed secure child care
26		facilities that care for children who are in need of secure

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1		living arrangements for their health, safety, and well-being.
2		For purposes of this subsection, secure care facility shall
3		mean a facility that is designed and operated to ensure that
4		all entrances and exits from the facility, a building or a
5		distinct part of the building, are under the exclusive control
6		of the staff of the facility, whether or not the child has the
7		freedom of movement within the perimeter of the facility,
8		building, or distinct part of the building. The plan shall
9		include descriptions of the types of facilities that are
10		needed in Illinois; the cost of developing these secure care
11		facilities; the estimated number of placements; the potential
12		cost savings resulting from the movement of children currently
13		out-of-state who are projected to be returned to Illinois; the
14		necessary geographic distribution of these facilities in
15		Illinois; and a proposed timetable for development of such
16		facilities.
17		(x) The Department shall conduct annual credit history
18		checks to determine the financial history of children placed
19		under its guardianship pursuant to the Juvenile Court Act of
20		1987. The Department shall conduct such credit checks starting
21		when a youth in care turns 12 years old and each year
22		thereafter for the duration of the guardianship as terminated
23		pursuant to the Juvenile Court Act of 1987. The Department
24		shall determine if financial exploitation of the child's
25		personal information has occurred. If financial exploitation
26		appears to have taken place or is presently ongoing, the

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1		Department shall notify the proper law enforcement agency, the
2		proper State's Attorney, or the Attorney General.
3		(y) Beginning on July 22, 2010 (the effective date of
4		Public Act 96-1189), a child with a disability who receives
5		residential and educational services from the Department shall
6		be eligible to receive transition services in accordance with
7		Article 14 of the School Code from the age of 14.5 through age
8		21, inclusive, notwithstanding the child's residential
9		services arrangement. For purposes of this subsection, "child
10		with a disability" means a child with a disability as defined
11		by the federal Individuals with Disabilities Education
12		Improvement Act of 2004.
13		(z) The Department shall access criminal history record
14		information as defined as "background information" in this
15		subsection and criminal history record information as defined
16		in the Illinois Uniform Conviction Information Act for each
17		Department employee or Department applicant. Each Department
18		employee or Department applicant shall submit his or her
19		fingerprints to the Department of State Police in the form and
20		manner prescribed by the Department of State Police. These
21		fingerprints shall be checked against the fingerprint records
22		now and hereafter filed in the Department of State Police and
23		the Federal Bureau of Investigation criminal history records
24		databases. The Department of State Police shall charge a fee
25		for conducting the criminal history record check, which shall
26		be deposited into the State Police Services Fund and shall not

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1		exceed the actual cost of the record check. The Department of
2		State Police shall furnish, pursuant to positive
3		identification, all Illinois conviction information to the
4		Department of Children and Family Services.
5		For purposes of this subsection:
6		"Background information" means all of the following:
7		(i) Upon the request of the Department of Children and
8		Family Services, conviction information obtained from the
9		Department of State Police as a result of a
10		fingerprint-based criminal history records check of the
11		Illinois criminal history records database and the Federal
12		Bureau of Investigation criminal history records database
13		concerning a Department employee or Department applicant.
14		(ii) Information obtained by the Department of
15		Children and Family Services after performing a check of
16		the Department of State Police's Sex Offender Database, as
17		authorized by Section 120 of the Sex Offender Community
18		Notification Law, concerning a Department employee or
19		Department applicant.
20		(iii) Information obtained by the Department of
21		Children and Family Services after performing a check of
22		the Child Abuse and Neglect Tracking System (CANTS)
23		operated and maintained by the Department.
24		"Department employee" means a full-time or temporary
25		employee coded or certified within the State of Illinois
26		Personnel System.

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1		"Department applicant" means an individual who has
2		conditional Department full-time or part-time work, a
3		contractor, an individual used to replace or supplement staff,
4		an academic intern, a volunteer in Department offices or on
5		Department contracts, a work-study student, an individual or
6		entity licensed by the Department, or an unlicensed service
7		provider who works as a condition of a contract or an agreement
8		and whose work may bring the unlicensed service provider into
9		contact with Department clients or client records.
10		(Source: P.A. 100-159, eff. 8-18-17; 100-522, eff. 9-22-17;
11		100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-978, eff.
12		8-19-18; 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81,
13		eff. 7-12-19; revised 8-1-19.)
14		(20 ILCS 505/42)
15		Sec. 42. Foster care survey. The Department, in
16		coordination with the Foster Care Alumni of America Illinois
17		Chapter, the School of Social Work at the University of
18		Illinois at Urbana-Champaign, and the Department's Statewide
19		Youth Advisory Board, shall develop and process a standardized
20		survey to gather feedback from children who are aging out of
21		foster care and from children who have transitioned out of the
22		foster care system. The survey shall include requests for
23		information regarding the children's experience with and
24		opinion of State foster care services, the children's
25		recommendations for improvement of such services, the amount

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1		of time the children spent in the foster care system, and any
2		other information deemed relevant by the Department. After the
3		survey is created the Department shall circulate the survey to
4		all youth participating in transitional living programs,
5		independent living programs, or Youth in College and to all
6		youth receiving scholarships or tuition waivers under the DCFS
7		Scholarship Program. The Department shall conduct the survey
8		every 5 years. At the completion of each survey, the
9		Department, in coordination with the Foster Care Alumni of
10		America Illinois Chapter, the School of Social Work at the
11		University of Illinois at Urbana-Champaign, and the
12		Department's Statewide Youth Advisory Board, shall submit a
13		report with a detailed review of the survey results to the
14		Governor and the General Assembly. The first report shall be
15		submitted no later than December 1, 2021 and every 5 years
16		thereafter.
17		(Source: P.A. 101-166, eff. 1-1-20.)
18		(20 ILCS 505/43)
19		Sec. 43 42. Intergovernmental agreement; transitioning
20		youth in care.
21		(a) In order to intercept and divert youth in care from
22		experiencing homelessness, incarceration, unemployment, and
23		other similar outcomes, within 180 days after July 26, 2019
24		(the effective date of Public Act 101-167) this amendatory Act
25		of the 101st General Assembly, the Department of Children and

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1		Family Services, the Department of Human Services, the
2		Department of Healthcare and Family Services, the Illinois
3		State Board of Education, the Department of Juvenile Justice,
4		the Department of Corrections, the Illinois Urban Development
5		Authority, and the Department of Public Health shall enter
6		into an interagency agreement for the purpose of providing
7		preventive services to youth in care and young adults who are
8		aging out of or have recently aged out of the custody or
9		guardianship of the Department of Children and Family
10		Services.
11		(b) The intergovernmental agreement shall require the
12		agencies listed in subsection (a) to: (i) establish an
13		interagency liaison to review cases of youth in care and young
14		adults who are at risk of homelessness, incarceration, or
15		other similar outcomes; and (ii) connect such youth in care
16		and young adults to the appropriate supportive services and
17		treatment programs to stabilize them during their transition
18		out of State care. Under the interagency agreement, the
19		agencies listed in subsection (a) shall determine how best to
20		provide the following supportive services to youth in care and
21		young adults who are at risk of homelessness, incarceration,
22		or other similar outcomes:
23		(1) Housing support.
24		(2) Educational support.
25		(3) Employment support.
26		(c) On January 1, 2021, and each January 1 thereafter, the

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1		agencies listed in subsection (a) shall submit a report to the
2		General Assembly on the following:
3		(1) The number of youth in care and young adults who
4		were intercepted during the reporting period and the
5		supportive services and treatment programs they were
6		connected with to prevent homelessness, incarnation, or
7		other negative outcomes.
8		(2) The duration of the services the youth in care and
9		young adults received in order to stabilize them during
10		their transition out of State care.
11		(d) Outcomes and data reported annually to the General
12		Assembly. On January 1, 2021 and each January 1 thereafter,
13		the Department of Children and Family Services shall submit a
14		report to the General Assembly on the following:
15		(1) The number of youth in care and young adults who
16		are aging out or have aged out of State care during the
17		reporting period.
18		(2) The length and type of services that were offered
19		to the youth in care and young adults reported under
20		paragraph (1) and the status of those youth in care and
21		young adults.
22		(Source: P.A. 101-167, eff. 7-26-19; revised 9-17-19.)
23		Section 95. The Statewide Foster Care Advisory Council Law
24		is amended by changing Section 5-20 as follows:

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1		(20 ILCS 525/5-20)
2		Sec. 5-20. Meetings.
3		(a) Regular meetings of the Statewide Foster Care Advisory
4		Council shall be held at least quarterly. The meetings shall
5		take place at locations, dates, and times determined by the
6		Chairperson of the Advisory Council after consultation with
7		members of the Advisory Council and the Director or the
8		designated Department staff member.
9		It shall be the responsibility of the designated
10		Department staff member at the direction of the Chairperson to
11		give notices of the location, dates, and time of meetings to
12		each member of the Advisory Council, to the Director, and to
13		staff consultants at least 30 days prior to each meeting.
14		Notice of all scheduled meetings shall be in full
15		compliance with the Illinois Open Meetings Act.
16		(b) Special meetings of the Advisory Council may be called
17		by the Chairperson after consultation with members of the
18		Council and the Director or the designated Department staff
19		member, provided that:
20		(1) at least 7 days' notice by mail is given the
21		membership;
22		(2) the notice sets forth the purpose or purposes of
23		the meeting; and
24		(3) no business is transacted other than that
25		specified in the notice.
26		(c) An agenda of scheduled business for deliberation shall

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1		be developed in coordination with the Department and the
2		Chairperson and distributed to the members of the Advisory
3		Council at least 7 days prior to a scheduled meeting of the
4		Council.
5		(d) If a member is absent from 2 consecutive meetings or
6		has not continued to make a significant contribution as
7		evidenced by involvement in council activities, membership
8		termination may be recommended by the Chairperson to the
9		Director. The member shall be terminated and notified in
10		writing. Members shall submit written confirmation of good
11		cause to the Chairperson or designated Department staff member
12		when a meeting has been missed.
13		(Source: P.A. 89-19, eff. 6-3-95; revised 7-12-19.)
14		Section 100. The Department of Commerce and Economic
15		Opportunity Law of the Civil Administrative Code of Illinois
16		is amended by renumbering and changing Section 913, by setting
17		forth and renumbering multiple versions of Sections 605-1025
18		and 605-1045, and by changing Section 605-1030 as follows:
19		(20 ILCS 605/605-913)
20		Sec. 605-913 913. Clean Water Workforce Pipeline Program.
21		(a) The General Assembly finds the following:
22		(1) The fresh surface water and groundwater supply in
23		Illinois and Lake Michigan constitute vital natural
24		resources that require careful stewardship and protection

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1		for future generations. Access to safe and clean drinking
2		water is the right of all Illinois residents.
3		(2) To adequately protect these resources and provide
4		safe and clean drinking water, substantial investment is
5		needed to replace lead components in drinking water
6		infrastructure, improve wastewater treatment, flood
7		control, and stormwater management, control aquatic
8		invasive species, implement green infrastructure
9		solutions, and implement other infrastructure solutions to
10		protect water quality.
11		(3) Implementing these clean water solutions will
12		require a skilled and trained workforce, and new
13		investments will demand additional workers with
14		specialized skills.
15		(4) Water infrastructure jobs have been shown to
16		provide living wages and contribute to Illinois' economy.
17		(5) Significant populations of Illinois residents,
18		including, but not limited to, residents of environmental
19		justice communities, economically and socially
20		disadvantaged communities, those returning from the
21		criminal justice system, foster care alumni, and in
22		particular women and transgender persons, are in need of
23		access to skilled living wage jobs like those in the water
24		infrastructure sector.
25		(6) Many of these residents are more likely to live in
26		communities with aging and inadequate clean water

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1		infrastructure and suffer from threats to surface and
2		drinking water quality.
3		(7) The State can provide significant economic
4		opportunities to these residents and achieve greater
5		environmental and public health by investing in clean
6		water infrastructure.
7		(8) New training, recruitment, support, and placement
8		efforts are needed to connect these residents with career
9		opportunities in water infrastructure.
10		(9) The State must invest in both clean water
11		infrastructure and workforce development efforts in order
12		to achieve these goals.
13		(b) From appropriations made from the Build Illinois Bond
14		Fund, Capital Development Fund, or General Revenue Fund or
15		other funds as identified by the Department, the Department
16		shall create a Clean Water Workforce Pipeline Program to
17		provide grants and other financial assistance to prepare and
18		support individuals for careers in water infrastructure. All
19		funding provided by the Program under this Section shall be
20		designed to encourage and facilitate employment in projects
21		funded through State capital investment and provide
22		participants a skill set to allow them to work professionally
23		in fields related to water infrastructure.
24		Grants and other financial assistance may be made
25		available on a competitive annual basis to organizations that
26		demonstrate a capacity to recruit, support, train, and place

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1		individuals in water infrastructure careers, including, but
2		not limited to, community organizations, educational
3		institutions, workforce investment boards, community action
4		agencies, and multi-craft labor organizations for new efforts
5		specifically focused on engaging residents of environmental
6		justice communities, economically and socially disadvantaged
7		communities, those returning from the criminal justice system,
8		foster care alumni, and in particular women and transgender
9		persons in these populations.
10		Grants and other financial assistance shall be awarded on
11		a competitive and annual basis for the following activities:
12		(1) identification of individuals for job training in
13		the water sector;
14		(2) counseling, preparation, skills training, and
15		other support to increase a candidate's likelihood of
16		success in a job training program and career;
17		(3) financial support for individuals in a water
18		sector job skills training program, support services, and
19		transportation assistance tied to training under this
20		Section;
21		(4) job placement services for individuals during and
22		after completion of water sector job skills training
23		programs; and
24		(5) financial, administrative, and management
25		assistance for organizations engaged in these activities.
26		(c) It shall be an annual goal of the Program to train and

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1		place at least 300, or 25% of the number of annual jobs created
2		by State financed water infrastructure projects, whichever is
3		greater, of the following persons in water sector-related
4		apprenticeships annually: residents of environmental justice
5		communities; residents of economically and socially
6		disadvantaged communities; those returning from the criminal
7		justice system; foster care alumni; and, in particular, women
8		and transgender persons. In awarding and administering grants
9		under this Program, the Department shall strive to provide
10		assistance equitably throughout the State.
11		In order to encourage the employment of individuals
12		trained through the Program onto projects receiving State
13		financial assistance, the Department shall coordinate with the
14		Illinois Environmental Protection Agency, the Illinois Finance
15		Authority, and other State agencies that provide financial
16		support for water infrastructure projects. These agencies
17		shall take steps to support attaining the training and
18		placement goals set forth in this subsection, using a list of
19		projects that receive State financial support. These agencies
20		may propose and adopt rules to facilitate the attainment of
21		this goal.
22		Using funds appropriated for the purposes of this Section,
23		the Department may select through a competitive bidding
24		process a Program Administrator to oversee the allocation of
25		funds and select organizations that receive funding.
26		Recipients of grants under the Program shall report

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1		annually to the Department on the success of their efforts and
2		their contribution to reaching the goals of the Program
3		provided in this subsection. The Department shall compile this
4		information and annually report to the General Assembly on the
5		Program, including, but not limited to, the following
6		information:
7		(1) progress toward the goals stated in this
8		subsection;
9		(2) any increase in the percentage of water industry
10		jobs in targeted populations;
11		(3) any increase in the rate of acceptance,
12		completion, or retention of water training programs among
13		targeted populations;
14		(4) any increase in the rate of employment, including
15		hours and annual income, measured against pre-Program
16		participant income; and
17		(5) any recommendations for future changes to optimize
18		the success of the Program.
19		(d) Within 90 days after January 1, 2020 (the effective
20		date of Public Act 101-576) this amendatory Act of the 101st
21		General Assembly, the Department shall propose a draft plan to
22		implement this Section for public comment. The Department
23		shall allow a minimum of 60 days for public comment on the
24		plan, including one or more public hearings, if requested. The
25		Department shall finalize the plan within 180 days of January
26		1, 2020 (the effective date of Public Act 101-576) this

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1		amendatory Act of the 101st General Assembly.
2		The Department may propose and adopt any rules necessary
3		for the implementation of the Program and to ensure compliance
4		with this Section.
5		(e) The Water Workforce Development Fund is created as a
6		special fund in the State treasury. The Fund shall receive
7		moneys appropriated for the purpose of this Section from the
8		Build Illinois Bond Fund, the Capital Development Fund, the
9		General Revenue Fund and any other funds. Moneys in the Fund
10		shall only be used to fund the Program and to assist and enable
11		implementation of clean water infrastructure capital
12		investments. Notwithstanding any other law to the contrary,
13		the Water Workforce Development Fund is not subject to sweeps,
14		administrative charge-backs, or any other fiscal or budgetary
15		maneuver that would in any way transfer any amounts from the
16		Water Workforce Development Fund into any other fund of the
17		State.
18		(f) For purpose of this Section:
19		"Environmental justice community" has the meaning provided
20		in subsection (b) of Section 1-50 of the Illinois Power Agency
21		Act.
22		"Multi-craft labor organization" means a joint
23		labor-management apprenticeship program registered with and
24		approved by the United States Department of Labor's Office of
25		Apprenticeship or a labor organization that has an accredited
26		training program through the Higher Learning Commission or the

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1		Illinois Community College Board.
2		"Organization" means a corporation, company, partnership,
3		association, society, order, labor organization, or individual
4		or aggregation of individuals.
5		(Source: P.A. 101-576, eff. 1-1-20; revised 11-21-19.)
6		(20 ILCS 605/605-1025)
7		Sec. 605-1025. Data center investment.
8		(a) The Department shall issue certificates of exemption
9		from the Retailers' Occupation Tax Act, the Use Tax Act, the
10		Service Use Tax Act, and the Service Occupation Tax Act, all
11		locally-imposed retailers' occupation taxes administered and
12		collected by the Department, the Chicago non-titled Use Tax,
13		and a credit certification against the taxes imposed under
14		subsections (a) and (b) of Section 201 of the Illinois Income
15		Tax Act to qualifying Illinois data centers.
16		(b) For taxable years beginning on or after January 1,
17		2019, the Department shall award credits against the taxes
18		imposed under subsections (a) and (b) of Section 201 of the
19		Illinois Income Tax Act as provided in Section 229 of the
20		Illinois Income Tax Act.
21		(c) For purposes of this Section:
22		"Data center" means a facility: (1) whose primary
23		services are the storage, management, and processing of
24		digital data; and (2) that is used to house (i) computer
25		and network systems, including associated components such

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1		as servers, network equipment and appliances,
2		telecommunications, and data storage systems, (ii) systems
3		for monitoring and managing infrastructure performance,
4		(iii) Internet-related equipment and services, (iv) data
5		communications connections, (v) environmental controls,
6		(vi) fire protection systems, and (vii) security systems
7		and services.
8		"Qualifying Illinois data center" means a new or
9		existing data center that:
10		(1) is located in the State of Illinois;
11		(2) in the case of an existing data center, made a
12		capital investment of at least $250,000,000
13		collectively by the data center operator and the
14		tenants of the data center over the 60-month period
15		immediately prior to January 1, 2020 or committed to
16		make a capital investment of at least $250,000,000
17		over a 60-month period commencing before January 1,
18		2020 and ending after January 1, 2020; or
19		(3) in the case of a new data center, or an
20		existing data center making an upgrade, makes a
21		capital investment of at least $250,000,000 over a
22		60-month period beginning on or after January 1, 2020;
23		and
24		(4) in the case of both existing and new data
25		centers, results in the creation of at least 20
26		full-time or full-time equivalent new jobs over a

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1		period of 60 months by the data center operator and the
2		tenants of the data center, collectively, associated
3		with the operation or maintenance of the data center;
4		those jobs must have a total compensation equal to or
5		greater than 120% of the average wage paid to
6		full-time employees in the county where the data
7		center is located, as determined by the U.S. Bureau of
8		Labor Statistics; and
9		(5) within 90 days after being placed in service,
10		certifies to the Department that it is carbon neutral
11		or has attained certification under one or more of the
12		following green building standards:
13		(A) BREEAM for New Construction or BREEAM
14		In-Use;
15		(B) ENERGY STAR;
16		(C) Envision;
17		(D) ISO 50001-energy management;
18		(E) LEED for Building Design and Construction
19		or LEED for Operations and Maintenance;
20		(F) Green Globes for New Construction or Green
21		Globes for Existing Buildings;
22		(G) UL 3223; or
23		(H) an equivalent program approved by the
24		Department of Commerce and Economic Opportunity.
25		"Full-time equivalent job" means a job in which the
26		new employee works for the owner, operator, contractor, or

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1		tenant of a data center or for a corporation under
2		contract with the owner, operator or tenant of a data
3		center at a rate of at least 35 hours per week. An owner,
4		operator or tenant who employs labor or services at a
5		specific site or facility under contract with another may
6		declare one full-time, permanent job for every 1,820 man
7		hours worked per year under that contract. Vacations, paid
8		holidays, and sick time are included in this computation.
9		Overtime is not considered a part of regular hours.
10		"Qualified tangible personal property" means:
11		electrical systems and equipment; climate control and
12		chilling equipment and systems; mechanical systems and
13		equipment; monitoring and secure systems; emergency
14		generators; hardware; computers; servers; data storage
15		devices; network connectivity equipment; racks; cabinets;
16		telecommunications cabling infrastructure; raised floor
17		systems; peripheral components or systems; software;
18		mechanical, electrical, or plumbing systems; battery
19		systems; cooling systems and towers; temperature control
20		systems; other cabling; and other data center
21		infrastructure equipment and systems necessary to operate
22		qualified tangible personal property, including fixtures;
23		and component parts of any of the foregoing, including
24		installation, maintenance, repair, refurbishment, and
25		replacement of qualified tangible personal property to
26		generate, transform, transmit, distribute, or manage

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1		electricity necessary to operate qualified tangible
2		personal property; and all other tangible personal
3		property that is essential to the operations of a computer
4		data center. "Qualified tangible personal property" also
5		includes building materials physically incorporated in to
6		the qualifying data center.
7		To document the exemption allowed under this Section, the
8		retailer must obtain from the purchaser a copy of the
9		certificate of eligibility issued by the Department.
10		(d) New and existing data centers seeking a certificate of
11		exemption for new or existing facilities shall apply to the
12		Department in the manner specified by the Department. The
13		Department shall determine the duration of the certificate of
14		exemption awarded under this Act. The duration of the
15		certificate of exemption may not exceed 20 calendar years. The
16		Department and any data center seeking the exemption,
17		including a data center operator on behalf of itself and its
18		tenants, must enter into a memorandum of understanding that at
19		a minimum provides:
20		(1) the details for determining the amount of capital
21		investment to be made;
22		(2) the number of new jobs created;
23		(3) the timeline for achieving the capital investment
24		and new job goals;
25		(4) the repayment obligation should those goals not be
26		achieved and any conditions under which repayment by the

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1		qualifying data center or data center tenant claiming the
2		exemption will be required;
3		(5) the duration of the exemption; and
4		(6) other provisions as deemed necessary by the
5		Department.
6		(e) Beginning July 1, 2021, and each year thereafter, the
7		Department shall annually report to the Governor and the
8		General Assembly on the outcomes and effectiveness of Public
9		Act 101-31 that shall include the following:
10		(1) the name of each recipient business;
11		(2) the location of the project;
12		(3) the estimated value of the credit;
13		(4) the number of new jobs and, if applicable,
14		retained jobs pledged as a result of the project; and
15		(5) whether or not the project is located in an
16		underserved area.
17		(f) New and existing data centers seeking a certificate of
18		exemption related to the rehabilitation or construction of
19		data centers in the State shall require the contractor and all
20		subcontractors to comply with the requirements of Section
21		30-22 of the Illinois Procurement Code as they apply to
22		responsible bidders and to present satisfactory evidence of
23		that compliance to the Department.
24		(g) New and existing data centers seeking a certificate of
25		exemption for the rehabilitation or construction of data
26		centers in the State shall require the contractor to enter

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1		into a project labor agreement approved by the Department.
2		(h) Any qualifying data center issued a certificate of
3		exemption under this Section must annually report to the
4		Department the total data center tax benefits that are
5		received by the business. Reports are due no later than May 31
6		of each year and shall cover the previous calendar year. The
7		first report is for the 2019 calendar year and is due no later
8		than May 31, 2020.
9		To the extent that a business issued a certificate of
10		exemption under this Section has obtained an Enterprise Zone
11		Building Materials Exemption Certificate or a High Impact
12		Business Building Materials Exemption Certificate, no
13		additional reporting for those building materials exemption
14		benefits is required under this Section.
15		Failure to file a report under this subsection (h) may
16		result in suspension or revocation of the certificate of
17		exemption. Factors to be considered in determining whether a
18		data center certificate of exemption shall be suspended or
19		revoked include, but are not limited to, prior compliance with
20		the reporting requirements, cooperation in discontinuing and
21		correcting violations, the extent of the violation, and
22		whether the violation was willful or inadvertent.
23		(i) The Department shall not issue any new certificates of
24		exemption under the provisions of this Section after July 1,
25		2029. This sunset shall not affect any existing certificates
26		of exemption in effect on July 1, 2029.

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1		(j) The Department shall adopt rules to implement and
2		administer this Section.
3		(Source: P.A. 101-31, eff. 6-28-19; 101-604, eff. 12-13-19.)
4		(20 ILCS 605/605-1030)
5		Sec. 605-1030. Human Services Capital Investment Grant
6		Program.
7		(a) The Department of Commerce and Economic Opportunity,
8		in coordination with the Department of Human Services, shall
9		establish a Human Services Capital Investment Grant Program.
10		The Department shall, subject to appropriation, make capital
11		improvement grants to human services providers serving
12		low-income or marginalized populations. The Build Illinois
13		Bond Fund and the Rebuild Illinois Projects Fund shall be the
14		sources of funding for the program. Eligible grant recipients
15		shall be human services providers that offer facilities and
16		services in a manner that supports and fulfills the mission of
17		the Department of Human Services. Eligible grant recipients
18		include, but are not limited to, domestic violence shelters,
19		rape crisis centers, comprehensive youth services, teen REACH
20		providers, supportive housing providers, developmental
21		disability community providers, behavioral health providers,
22		and other community-based providers. Eligible grant recipients
23		have no entitlement to a grant under this Section.
24		(b) The Department, in consultation with the Department of
25		Human Services, shall adopt rules to implement this Section

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1		and shall create a competitive application procedure for
2		grants to be awarded. The rules shall specify the manner of
3		applying for grants; grantee eligibility requirements; project
4		eligibility requirements; restrictions on the use of grant
5		moneys; the manner in which grantees must account for the use
6		of grant moneys; and any other provision that the Department
7		of Commerce and Economic Opportunity or Department of Human
8		Services determine to be necessary or useful for the
9		administration of this Section. Rules may include a
10		requirement for grantees to provide local matching funds in an
11		amount equal to a specific percentage of the grant.
12		(c) The Department of Human Services shall establish
13		standards for determining the priorities concerning the
14		necessity for capital facilities for the provision of human
15		services based on data available to the Department.
16		(d) No portion of a human services capital investment
17		grant awarded under this Section may be used by a grantee to
18		pay for any on-going operational costs or outstanding debt.
19		(Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19;
20		revised 8-18-20.)
21		(20 ILCS 605/605-1035)
22		Sec. 605-1035 605-1025. Training in the Building Trades
23		Program.
24		(a) Subject to appropriation, the Department of Commerce
25		and Economic Opportunity may establish a Training in the

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1		Building Trades Program to award grants to community-based
2		organizations for the purpose of establishing training
3		programs for persons who are 18 through 35 years of age and
4		have an interest in the building trades. Persons eligible to
5		participate in the Program shall include youth who have aged
6		out of foster care and have an interest in the building trades.
7		The Department of Children and Family Services, in
8		consultation with the Department of Commerce and Economic
9		Opportunity, shall identify and refer eligible youth to those
10		community-based organizations that receive grants under this
11		Section. Under the training programs, each participating
12		person shall receive the following:
13		(1) Formal training and education in the fundamentals
14		and core competencies in the person's chosen trade. Such
15		training and education shall be provided by a trained and
16		skilled tradesman or journeyman who is a member of a trade
17		union and who is paid the general prevailing rate of
18		hourly wages in the locality in which the work is to be
19		performed.
20		(2) Hands-on experience to further develop the
21		person's building trade skills by participating in
22		community improvement projects involving the
23		rehabilitation of vacant and abandoned residential
24		property in economically depressed areas of the State.
25		Selected organizations shall also use the grant money to
26		establish an entrepreneurship program to provide eligible

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1		persons with the capital and business management skills
2		necessary to successfully launch their own businesses as
3		contractors, subcontractors, real estate agents, or property
4		managers or as any other entrepreneurs in the building trades.
5		Eligibility under the entrepreneurship program shall be
6		restricted to persons who reside in one of the economically
7		depressed areas selected to receive community improvement
8		projects in accordance with this subsection and who have
9		obtained the requisite skill set for a particular building
10		trade after successfully completing a training program
11		established in accordance with this subsection. Grants
12		provided under this Section may also be used to purchase the
13		equipment and materials needed to rehabilitate any vacant and
14		abandoned residential property that is eligible for
15		acquisition as described in subsection (b).
16		(b) Property eligible for acquisition and rehabilitation
17		under the Training in the Building Trades Program.
18		(1) A community-based organization that is selected to
19		participate in the Training in the Building Trades Program
20		may enter into an agreement with a financial institution
21		to rehabilitate abandoned residential property in
22		foreclosure with the express condition that, after the
23		rehabilitation project is complete, the financial
24		institution shall:
25		(A) sell the residential property for no less than
26		its fair market value; and

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1		(B) use any proceeds from the sale to (i)
2		reimburse the community-based organization for all
3		costs associated with rehabilitating the property and
4		(ii) make satisfactory payment for any other claims
5		against the property. Any remaining sale proceeds of
6		the residential property shall be retained by the
7		financial institution.
8		(2)(A) A unit of local government may enact an
9		ordinance that permits the acquisition and rehabilitation
10		of abandoned residential property under the Training in
11		the Building Trades Program. Under the ordinance, any
12		owner of residential property that has been abandoned for
13		at least 3 years shall be notified that the abandoned
14		property is subject to acquisition and rehabilitation
15		under the Program and that if the owner does not respond to
16		the notice within the time period prescribed by the unit
17		of local government, the owner shall lose all right,
18		title, and interest in the property. Such notice shall be
19		given as follows:
20		(i) by mailing a copy of the notice by certified
21		mail to the owner's last known mailing address;
22		(ii) by publication in a newspaper published in
23		the municipality or county where the property is
24		located; and
25		(iii) by recording the notice with the office of
26		the recorder of the county in which the property is

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1		located.
2		(B) If the owner responds to the notice within the
3		time period prescribed by the unit of local government,
4		the owner shall be given the option to either bring the
5		property into compliance with all applicable fire,
6		housing, and building codes within 6 months or enter into
7		an agreement with a community-based organization under the
8		Program to rehabilitate the residential property. If the
9		owner chooses to enter into an agreement with a
10		community-based organization to rehabilitate the
11		residential property, such agreement shall be made with
12		the express condition that, after the rehabilitation
13		project is complete, the owner shall:
14		(i) sell the residential property for no less than
15		its fair market value; and
16		(ii) use any proceeds from the sale to (a)
17		reimburse the community-based organization for all
18		costs associated with rehabilitating the property and
19		(b) make satisfactory payment for any other claims
20		against the property. Any remaining sale proceeds of
21		the residential property shall be distributed as
22		follows:
23		(I) 20% shall be distributed to the owner.
24		(II) 80% shall be deposited into the Training
25		in the Building Trades Fund created under
26		subsection (e).

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1		(c) The Department of Commerce and Economic Opportunity
2		shall select from each of the following geographical regions
3		of the State a community-based organization with experience
4		working with the building trades:
5		(1) Central Illinois.
6		(2) Northeastern Illinois.
7		(3) Southern (Metro-East) Illinois.
8		(4) Southern Illinois.
9		(5) Western Illinois.
10		(d) Grants awarded under this Section shall be funded
11		through appropriations from the Training in the Building
12		Trades Fund created under subsection (e). The Department of
13		Commerce and Economic Opportunity may adopt any rules
14		necessary to implement the provisions of this Section.
15		(e) The Training in the Building Trades Fund is created as
16		a special fund in the State treasury. The Fund shall consist of
17		any moneys deposited into the Fund as provided in subparagraph
18		(B) of paragraph (2) of subsection (b) and any moneys
19		appropriated to the Department of Commerce and Economic
20		Opportunity for the Training in the Building Trades Program.
21		Moneys in the Fund shall be expended for the Training in the
22		Building Trades Program under subsection (a) and for no other
23		purpose. All interest earned on moneys in the Fund shall be
24		deposited into the Fund.
25		(Source: P.A. 101-469, eff. 1-1-20; revised 10-18-19.)

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1		(20 ILCS 605/605-1040)
2		Sec. 605-1040 605-1025. Assessment of marketing programs.
3		The Department shall, in consultation with the General
4		Assembly, complete an assessment of its current practices
5		related to marketing programs administered by the Department
6		and the extent to which the Department assists Illinois
7		residents in the use and coordination of programs offered by
8		the Department. That assessment shall be completed by December
9		31, 2019.
10		Upon review of the assessment, if the Department, in
11		consultation with the General Assembly, concludes that a
12		Citizens Services Coordinator is needed to assist Illinois
13		residents in obtaining services and programs offered by the
14		Department, then the Department may, subject to appropriation,
15		hire an individual to serve as a Citizens Services
16		Coordinator. The Citizens Services Coordinator shall assist
17		Illinois residents seeking out and obtaining services and
18		programs offered by the Department and shall monitor resident
19		inquiries to determine which services are most in demand on a
20		regional basis.
21		(Source: P.A. 101-497, eff. 1-1-20; revised 10-18-19.)
22		(20 ILCS 605/605-1045)
23		Sec. 605-1045. (Repealed).
24		(Source: P.A. 101-640, eff. 6-12-20. Repealed internally, eff.
25		12-31-20.)

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1		(20 ILCS 605/605-1047)
2		Sec. 605-1047 605-1045. Local Coronavirus Urgent
3		Remediation Emergency (or Local CURE) Support Program.
4		(a) Purpose. The Department may receive, directly or
5		indirectly, federal funds from the Coronavirus Relief Fund
6		provided to the State pursuant to Section 5001 of the federal
7		Coronavirus Aid, Relief, and Economic Security (CARES) Act to
8		provide financial support to units of local government for
9		purposes authorized by Section 5001 of the federal Coronavirus
10		Aid, Relief, and Economic Security (CARES) Act and related
11		federal guidance. Upon receipt of such funds, and
12		appropriations for their use, the Department shall administer
13		a Local Coronavirus Urgent Remediation Emergency (or Local
14		CURE) Support Program to provide financial support to units of
15		local government that have incurred necessary expenditures due
16		to the COVID-19 public health emergency. The Department shall
17		provide by rule the administrative framework for the Local
18		CURE Support Program.
19		(b) Allocations. A portion of the funds appropriated for
20		the Local CURE Support Program may be allotted to
21		municipalities and counties based on proportionate population.
22		Units of local government, or portions thereof, located within
23		the five Illinois counties that received direct allotments
24		from the federal Coronavirus Relief Fund will not be included
25		in the support program allotments. The Department may

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1		establish other administrative procedures for providing
2		financial support to units of local government. Appropriated
3		funds may be used for administration of the support program,
4		including the hiring of a service provider to assist with
5		coordination and administration.
6		(c) Administrative Procedures. The Department may
7		establish administrative procedures for the support program,
8		including any application procedures, grant agreements,
9		certifications, payment methodologies, and other
10		accountability measures that may be imposed upon recipients of
11		funds under the grant program. Financial support may be
12		provided in the form of grants or in the form of expense
13		reimbursements for disaster-related expenditures. The
14		emergency rulemaking process may be used to promulgate the
15		initial rules of the grant program.
16		(d) Definitions. As used in this Section:
17		(1) "COVID-19" means the novel coronavirus virus
18		disease deemed COVID-19 by the World Health Organization
19		on February 11, 2020.
20		(2) "Local government" or "unit of local government"
21		means any unit of local government as defined in Article
22		VII, Section 1 of the Illinois Constitution.
23		(3) "Third party administrator" means a service
24		provider selected by the Department to provide operational
25		assistance with the administration of the support program.
26		(e) Powers of the Department. The Department has the power

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1		to:
2		(1) Provide financial support to eligible units of
3		local government with funds appropriated from the Local
4		Coronavirus Urgent Remediation Emergency (Local CURE) Fund
5		to cover necessary costs incurred due to the COVID-19
6		public health emergency that are eligible to be paid using
7		federal funds from the Coronavirus Relief Fund.
8		(2) Enter into agreements, accept funds, issue grants
9		or expense reimbursements, and engage in cooperation with
10		agencies of the federal government and units of local
11		governments to carry out the purposes of this support
12		program, and to use funds appropriated from the Local
13		Coronavirus Urgent Remediation Emergency (Local CURE) Fund
14		fund upon such terms and conditions as may be established
15		by the federal government and the Department.
16		(3) Enter into agreements with third-party
17		administrators to assist the state with operational
18		assistance and administrative functions related to review
19		of documentation and processing of financial support
20		payments to units of local government.
21		(4) Establish applications, notifications, contracts,
22		and procedures and adopt rules deemed necessary and
23		appropriate to carry out the provisions of this Section.
24		To provide for the expeditious and timely implementation
25		of this Act, emergency rules to implement any provision of
26		this Section may be adopted by the Department subject to

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1		the provisions of Section 5-45 of the Illinois
2		Administrative Procedure Act.
3		(5) Provide staff, administration, and related support
4		required to manage the support program and pay for the
5		staffing, administration, and related support with funds
6		appropriated from the Local Coronavirus Urgent Remediation
7		Emergency (Local CURE) Fund.
8		(6) Exercise such other powers as are necessary or
9		incidental to the foregoing.
10		(f) Local CURE Financial Support to Local Governments. The
11		Department is authorized to provide financial support to
12		eligible units of local government including, but not limited
13		to, certified local health departments for necessary costs
14		incurred due to the COVID-19 public health emergency that are
15		eligible to be paid using federal funds from the Coronavirus
16		Relief Fund.
17		(1) Financial support funds may be used by a unit of
18		local government only for payment of costs that: (i) are
19		necessary expenditures incurred due to the public health
20		emergency of COVID-19; (ii) were not accounted for in the
21		most recent budget approved as of March 27, 2020 for the
22		unit of local government; and (iii) were incurred between
23		March 1, 2020 and December 30, 2020.
24		(2) A unit of local government receiving financial
25		support funds under this program shall certify to the
26		Department that it shall use the funds in accordance with

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1		the requirements of paragraph (1) and that any funds
2		received but not used for such purposes shall be repaid to
3		the Department.
4		(3) The Department shall make the determination to
5		provide financial support funds to a unit of local
6		government on the basis of criteria established by the
7		Department.
8		(Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)
9		Section 105. The Illinois Enterprise Zone Act is amended
10		by changing Sections 5.5 and 13 as follows:
11		(20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1)
12		Sec. 5.5. High Impact Business.
13		(a) In order to respond to unique opportunities to assist
14		in the encouragement, development, growth, and expansion of
15		the private sector through large scale investment and
16		development projects, the Department is authorized to receive
17		and approve applications for the designation of "High Impact
18		Businesses" in Illinois subject to the following conditions:
19		(1) such applications may be submitted at any time
20		during the year;
21		(2) such business is not located, at the time of
22		designation, in an enterprise zone designated pursuant to
23		this Act;
24		(3) the business intends to do one or more of the

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1		following:
2		(A) the business intends to make a minimum
3		investment of $12,000,000 which will be placed in
4		service in qualified property and intends to create
5		500 full-time equivalent jobs at a designated location
6		in Illinois or intends to make a minimum investment of
7		$30,000,000 which will be placed in service in
8		qualified property and intends to retain 1,500
9		full-time retained jobs at a designated location in
10		Illinois. The business must certify in writing that
11		the investments would not be placed in service in
12		qualified property and the job creation or job
13		retention would not occur without the tax credits and
14		exemptions set forth in subsection (b) of this
15		Section. The terms "placed in service" and "qualified
16		property" have the same meanings as described in
17		subsection (h) of Section 201 of the Illinois Income
18		Tax Act; or
19		(B) the business intends to establish a new
20		electric generating facility at a designated location
21		in Illinois. "New electric generating facility", for
22		purposes of this Section, means a newly-constructed
23		electric generation plant or a newly-constructed
24		generation capacity expansion at an existing electric
25		generation plant, including the transmission lines and
26		associated equipment that transfers electricity from

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1		points of supply to points of delivery, and for which
2		such new foundation construction commenced not sooner
3		than July 1, 2001. Such facility shall be designed to
4		provide baseload electric generation and shall operate
5		on a continuous basis throughout the year; and (i)
6		shall have an aggregate rated generating capacity of
7		at least 1,000 megawatts for all new units at one site
8		if it uses natural gas as its primary fuel and
9		foundation construction of the facility is commenced
10		on or before December 31, 2004, or shall have an
11		aggregate rated generating capacity of at least 400
12		megawatts for all new units at one site if it uses coal
13		or gases derived from coal as its primary fuel and
14		shall support the creation of at least 150 new
15		Illinois coal mining jobs, or (ii) shall be funded
16		through a federal Department of Energy grant before
17		December 31, 2010 and shall support the creation of
18		Illinois coal-mining jobs, or (iii) shall use coal
19		gasification or integrated gasification-combined cycle
20		units that generate electricity or chemicals, or both,
21		and shall support the creation of Illinois coal-mining
22		jobs. The business must certify in writing that the
23		investments necessary to establish a new electric
24		generating facility would not be placed in service and
25		the job creation in the case of a coal-fueled plant
26		would not occur without the tax credits and exemptions

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1		set forth in subsection (b-5) of this Section. The
2		term "placed in service" has the same meaning as
3		described in subsection (h) of Section 201 of the
4		Illinois Income Tax Act; or
5		(B-5) the business intends to establish a new
6		gasification facility at a designated location in
7		Illinois. As used in this Section, "new gasification
8		facility" means a newly constructed coal gasification
9		facility that generates chemical feedstocks or
10		transportation fuels derived from coal (which may
11		include, but are not limited to, methane, methanol,
12		and nitrogen fertilizer), that supports the creation
13		or retention of Illinois coal-mining jobs, and that
14		qualifies for financial assistance from the Department
15		before December 31, 2010. A new gasification facility
16		does not include a pilot project located within
17		Jefferson County or within a county adjacent to
18		Jefferson County for synthetic natural gas from coal;
19		or
20		(C) the business intends to establish production
21		operations at a new coal mine, re-establish production
22		operations at a closed coal mine, or expand production
23		at an existing coal mine at a designated location in
24		Illinois not sooner than July 1, 2001; provided that
25		the production operations result in the creation of
26		150 new Illinois coal mining jobs as described in

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1		subdivision (a)(3)(B) of this Section, and further
2		provided that the coal extracted from such mine is
3		utilized as the predominant source for a new electric
4		generating facility. The business must certify in
5		writing that the investments necessary to establish a
6		new, expanded, or reopened coal mine would not be
7		placed in service and the job creation would not occur
8		without the tax credits and exemptions set forth in
9		subsection (b-5) of this Section. The term "placed in
10		service" has the same meaning as described in
11		subsection (h) of Section 201 of the Illinois Income
12		Tax Act; or
13		(D) the business intends to construct new
14		transmission facilities or upgrade existing
15		transmission facilities at designated locations in
16		Illinois, for which construction commenced not sooner
17		than July 1, 2001. For the purposes of this Section,
18		"transmission facilities" means transmission lines
19		with a voltage rating of 115 kilovolts or above,
20		including associated equipment, that transfer
21		electricity from points of supply to points of
22		delivery and that transmit a majority of the
23		electricity generated by a new electric generating
24		facility designated as a High Impact Business in
25		accordance with this Section. The business must
26		certify in writing that the investments necessary to

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1		construct new transmission facilities or upgrade
2		existing transmission facilities would not be placed
3		in service without the tax credits and exemptions set
4		forth in subsection (b-5) of this Section. The term
5		"placed in service" has the same meaning as described
6		in subsection (h) of Section 201 of the Illinois
7		Income Tax Act; or
8		(E) the business intends to establish a new wind
9		power facility at a designated location in Illinois.
10		For purposes of this Section, "new wind power
11		facility" means a newly constructed electric
12		generation facility, or a newly constructed expansion
13		of an existing electric generation facility, placed in
14		service on or after July 1, 2009, that generates
15		electricity using wind energy devices, and such
16		facility shall be deemed to include all associated
17		transmission lines, substations, and other equipment
18		related to the generation of electricity from wind
19		energy devices. For purposes of this Section, "wind
20		energy device" means any device, with a nameplate
21		capacity of at least 0.5 megawatts, that is used in the
22		process of converting kinetic energy from the wind to
23		generate electricity; or
24		(F) the business commits to (i) make a minimum
25		investment of $500,000,000, which will be placed in
26		service in a qualified property, (ii) create 125

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1		full-time equivalent jobs at a designated location in
2		Illinois, (iii) establish a fertilizer plant at a
3		designated location in Illinois that complies with the
4		set-back standards as described in Table 1: Initial
5		Isolation and Protective Action Distances in the 2012
6		Emergency Response Guidebook published by the United
7		States Department of Transportation, (iv) pay a
8		prevailing wage for employees at that location who are
9		engaged in construction activities, and (v) secure an
10		appropriate level of general liability insurance to
11		protect against catastrophic failure of the fertilizer
12		plant or any of its constituent systems; in addition,
13		the business must agree to enter into a construction
14		project labor agreement including provisions
15		establishing wages, benefits, and other compensation
16		for employees performing work under the project labor
17		agreement at that location; for the purposes of this
18		Section, "fertilizer plant" means a newly constructed
19		or upgraded plant utilizing gas used in the production
20		of anhydrous ammonia and downstream nitrogen
21		fertilizer products for resale; for the purposes of
22		this Section, "prevailing wage" means the hourly cash
23		wages plus fringe benefits for training and
24		apprenticeship programs approved by the U.S.
25		Department of Labor, Bureau of Apprenticeship and
26		Training, health and welfare, insurance, vacations and

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1		pensions paid generally, in the locality in which the
2		work is being performed, to employees engaged in work
3		of a similar character on public works; this paragraph
4		(F) applies only to businesses that submit an
5		application to the Department within 60 days after
6		July 25, 2013 (the effective date of Public Act
7		98-109) this amendatory Act of the 98th General
8		Assembly; and
9		(4) no later than 90 days after an application is
10		submitted, the Department shall notify the applicant of
11		the Department's determination of the qualification of the
12		proposed High Impact Business under this Section.
13		(b) Businesses designated as High Impact Businesses
14		pursuant to subdivision (a)(3)(A) of this Section shall
15		qualify for the credits and exemptions described in the
16		following Acts: Section 9-222 and Section 9-222.1A of the
17		Public Utilities Act, subsection (h) of Section 201 of the
18		Illinois Income Tax Act, and Section 1d of the Retailers'
19		Occupation Tax Act; provided that these credits and exemptions
20		described in these Acts shall not be authorized until the
21		minimum investments set forth in subdivision (a)(3)(A) of this
22		Section have been placed in service in qualified properties
23		and, in the case of the exemptions described in the Public
24		Utilities Act and Section 1d of the Retailers' Occupation Tax
25		Act, the minimum full-time equivalent jobs or full-time
26		retained jobs set forth in subdivision (a)(3)(A) of this

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1		Section have been created or retained. Businesses designated
2		as High Impact Businesses under this Section shall also
3		qualify for the exemption described in Section 5l of the
4		Retailers' Occupation Tax Act. The credit provided in
5		subsection (h) of Section 201 of the Illinois Income Tax Act
6		shall be applicable to investments in qualified property as
7		set forth in subdivision (a)(3)(A) of this Section.
8		(b-5) Businesses designated as High Impact Businesses
9		pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
10		and (a)(3)(D) of this Section shall qualify for the credits
11		and exemptions described in the following Acts: Section 51 of
12		the Retailers' Occupation Tax Act, Section 9-222 and Section
13		9-222.1A of the Public Utilities Act, and subsection (h) of
14		Section 201 of the Illinois Income Tax Act; however, the
15		credits and exemptions authorized under Section 9-222 and
16		Section 9-222.1A of the Public Utilities Act, and subsection
17		(h) of Section 201 of the Illinois Income Tax Act shall not be
18		authorized until the new electric generating facility, the new
19		gasification facility, the new transmission facility, or the
20		new, expanded, or reopened coal mine is operational, except
21		that a new electric generating facility whose primary fuel
22		source is natural gas is eligible only for the exemption under
23		Section 5l of the Retailers' Occupation Tax Act.
24		(b-6) Businesses designated as High Impact Businesses
25		pursuant to subdivision (a)(3)(E) of this Section shall
26		qualify for the exemptions described in Section 5l of the

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1		Retailers' Occupation Tax Act; any business so designated as a
2		High Impact Business being, for purposes of this Section, a
3		"Wind Energy Business".
4		(b-7) Beginning on January 1, 2021, businesses designated
5		as High Impact Businesses by the Department shall qualify for
6		the High Impact Business construction jobs credit under
7		subsection (h-5) of Section 201 of the Illinois Income Tax Act
8		if the business meets the criteria set forth in subsection (i)
9		of this Section. The total aggregate amount of credits awarded
10		under the Blue Collar Jobs Act (Article 20 of Public Act 101-9
11		this amendatory Act of the 101st General Assembly) shall not
12		exceed $20,000,000 in any State fiscal year.
13		(c) High Impact Businesses located in federally designated
14		foreign trade zones or sub-zones are also eligible for
15		additional credits, exemptions and deductions as described in
16		the following Acts: Section 9-221 and Section 9-222.1 of the
17		Public Utilities Act; and subsection (g) of Section 201, and
18		Section 203 of the Illinois Income Tax Act.
19		(d) Except for businesses contemplated under subdivision
20		(a)(3)(E) of this Section, existing Illinois businesses which
21		apply for designation as a High Impact Business must provide
22		the Department with the prospective plan for which 1,500
23		full-time retained jobs would be eliminated in the event that
24		the business is not designated.
25		(e) Except for new wind power facilities contemplated
26		under subdivision (a)(3)(E) of this Section, new proposed

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1		facilities which apply for designation as High Impact Business
2		must provide the Department with proof of alternative
3		non-Illinois sites which would receive the proposed investment
4		and job creation in the event that the business is not
5		designated as a High Impact Business.
6		(f) Except for businesses contemplated under subdivision
7		(a)(3)(E) of this Section, in the event that a business is
8		designated a High Impact Business and it is later determined
9		after reasonable notice and an opportunity for a hearing as
10		provided under the Illinois Administrative Procedure Act, that
11		the business would have placed in service in qualified
12		property the investments and created or retained the requisite
13		number of jobs without the benefits of the High Impact
14		Business designation, the Department shall be required to
15		immediately revoke the designation and notify the Director of
16		the Department of Revenue who shall begin proceedings to
17		recover all wrongfully exempted State taxes with interest. The
18		business shall also be ineligible for all State funded
19		Department programs for a period of 10 years.
20		(g) The Department shall revoke a High Impact Business
21		designation if the participating business fails to comply with
22		the terms and conditions of the designation. However, the
23		penalties for new wind power facilities or Wind Energy
24		Businesses for failure to comply with any of the terms or
25		conditions of the Illinois Prevailing Wage Act shall be only
26		those penalties identified in the Illinois Prevailing Wage

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1		Act, and the Department shall not revoke a High Impact
2		Business designation as a result of the failure to comply with
3		any of the terms or conditions of the Illinois Prevailing Wage
4		Act in relation to a new wind power facility or a Wind Energy
5		Business.
6		(h) Prior to designating a business, the Department shall
7		provide the members of the General Assembly and Commission on
8		Government Forecasting and Accountability with a report
9		setting forth the terms and conditions of the designation and
10		guarantees that have been received by the Department in
11		relation to the proposed business being designated.
12		(i) High Impact Business construction jobs credit.
13		Beginning on January 1, 2021, a High Impact Business may
14		receive a tax credit against the tax imposed under subsections
15		(a) and (b) of Section 201 of the Illinois Income Tax Act in an
16		amount equal to 50% of the amount of the incremental income tax
17		attributable to High Impact Business construction jobs credit
18		employees employed in the course of completing a High Impact
19		Business construction jobs project. However, the High Impact
20		Business construction jobs credit may equal 75% of the amount
21		of the incremental income tax attributable to High Impact
22		Business construction jobs credit employees if the High Impact
23		Business construction jobs credit project is located in an
24		underserved area.
25		The Department shall certify to the Department of Revenue:
26		(1) the identity of taxpayers that are eligible for the High

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1		Impact Business construction jobs credit; and (2) the amount
2		of High Impact Business construction jobs credits that are
3		claimed pursuant to subsection (h-5) of Section 201 of the
4		Illinois Income Tax Act in each taxable year. Any business
5		entity that receives a High Impact Business construction jobs
6		credit shall maintain a certified payroll pursuant to
7		subsection (j) of this Section.
8		As used in this subsection (i):
9		"High Impact Business construction jobs credit" means an
10		amount equal to 50% (or 75% if the High Impact Business
11		construction project is located in an underserved area) of the
12		incremental income tax attributable to High Impact Business
13		construction job employees. The total aggregate amount of
14		credits awarded under the Blue Collar Jobs Act (Article 20 of
15		Public Act 101-9 this amendatory Act of the 101st General
16		Assembly) shall not exceed $20,000,000 in any State fiscal
17		year
18		"High Impact Business construction job employee" means a
19		laborer or worker who is employed by an Illinois contractor or
20		subcontractor in the actual construction work on the site of a
21		High Impact Business construction job project.
22		"High Impact Business construction jobs project" means
23		building a structure or building or making improvements of any
24		kind to real property, undertaken and commissioned by a
25		business that was designated as a High Impact Business by the
26		Department. The term "High Impact Business construction jobs

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1		project" does not include the routine operation, routine
2		repair, or routine maintenance of existing structures,
3		buildings, or real property.
4		"Incremental income tax" means the total amount withheld
5		during the taxable year from the compensation of High Impact
6		Business construction job employees.
7		"Underserved area" means a geographic area that meets one
8		or more of the following conditions:
9		(1) the area has a poverty rate of at least 20%
10		according to the latest federal decennial census;
11		(2) 75% or more of the children in the area
12		participate in the federal free lunch program according to
13		reported statistics from the State Board of Education;
14		(3) at least 20% of the households in the area receive
15		assistance under the Supplemental Nutrition Assistance
16		Program (SNAP); or
17		(4) the area has an average unemployment rate, as
18		determined by the Illinois Department of Employment
19		Security, that is more than 120% of the national
20		unemployment average, as determined by the U.S. Department
21		of Labor, for a period of at least 2 consecutive calendar
22		years preceding the date of the application.
23		(j) Each contractor and subcontractor who is engaged in
24		and executing a High Impact Business Construction jobs
25		project, as defined under subsection (i) of this Section, for
26		a business that is entitled to a credit pursuant to subsection

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1		(i) of this Section shall:
2		(1) make and keep, for a period of 5 years from the
3		date of the last payment made on or after June 5, 2019 (the
4		effective date of Public Act 101-9) this amendatory Act of
5		the 101st General Assembly on a contract or subcontract
6		for a High Impact Business Construction Jobs Project,
7		records for all laborers and other workers employed by the
8		contractor or subcontractor on the project; the records
9		shall include:
10		(A) the worker's name;
11		(B) the worker's address;
12		(C) the worker's telephone number, if available;
13		(D) the worker's social security number;
14		(E) the worker's classification or
15		classifications;
16		(F) the worker's gross and net wages paid in each
17		pay period;
18		(G) the worker's number of hours worked each day;
19		(H) the worker's starting and ending times of work
20		each day;
21		(I) the worker's hourly wage rate; and
22		(J) the worker's hourly overtime wage rate;
23		(2) no later than the 15th day of each calendar month,
24		provide a certified payroll for the immediately preceding
25		month to the taxpayer in charge of the High Impact
26		Business construction jobs project; within 5 business days

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1		after receiving the certified payroll, the taxpayer shall
2		file the certified payroll with the Department of Labor
3		and the Department of Commerce and Economic Opportunity; a
4		certified payroll must be filed for only those calendar
5		months during which construction on a High Impact Business
6		construction jobs project has occurred; the certified
7		payroll shall consist of a complete copy of the records
8		identified in paragraph (1) of this subsection (j), but
9		may exclude the starting and ending times of work each
10		day; the certified payroll shall be accompanied by a
11		statement signed by the contractor or subcontractor or an
12		officer, employee, or agent of the contractor or
13		subcontractor which avers that:
14		(A) he or she has examined the certified payroll
15		records required to be submitted by the Act and such
16		records are true and accurate; and
17		(B) the contractor or subcontractor is aware that
18		filing a certified payroll that he or she knows to be
19		false is a Class A misdemeanor.
20		A general contractor is not prohibited from relying on a
21		certified payroll of a lower-tier subcontractor, provided the
22		general contractor does not knowingly rely upon a
23		subcontractor's false certification.
24		Any contractor or subcontractor subject to this
25		subsection, and any officer, employee, or agent of such
26		contractor or subcontractor whose duty as an officer,

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1		employee, or agent it is to file a certified payroll under this
2		subsection, who willfully fails to file such a certified
3		payroll on or before the date such certified payroll is
4		required by this paragraph to be filed and any person who
5		willfully files a false certified payroll that is false as to
6		any material fact is in violation of this Act and guilty of a
7		Class A misdemeanor.
8		The taxpayer in charge of the project shall keep the
9		records submitted in accordance with this subsection on or
10		after June 5, 2019 (the effective date of Public Act 101-9)
11		this amendatory Act of the 101st General Assembly for a period
12		of 5 years from the date of the last payment for work on a
13		contract or subcontract for the High Impact Business
14		construction jobs project.
15		The records submitted in accordance with this subsection
16		shall be considered public records, except an employee's
17		address, telephone number, and social security number, and
18		made available in accordance with the Freedom of Information
19		Act. The Department of Labor shall accept any reasonable
20		submissions by the contractor that meet the requirements of
21		this subsection (j) and shall share the information with the
22		Department in order to comply with the awarding of a High
23		Impact Business construction jobs credit. A contractor,
24		subcontractor, or public body may retain records required
25		under this Section in paper or electronic format.
26		(k) Upon 7 business days' notice, each contractor and

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1		subcontractor shall make available for inspection and copying
2		at a location within this State during reasonable hours, the
3		records identified in this subsection (j) to the taxpayer in
4		charge of the High Impact Business construction jobs project,
5		its officers and agents, the Director of the Department of
6		Labor and his or her deputies and agents, and to federal,
7		State, or local law enforcement agencies and prosecutors.
8		(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
9		(20 ILCS 655/13)
10		Sec. 13. Enterprise Zone construction jobs credit.
11		(a) Beginning on January 1, 2021, a business entity in a
12		certified Enterprise Zone that makes a capital investment of
13		at least $10,000,000 in an Enterprise Zone construction jobs
14		project may receive an Enterprise Zone construction jobs
15		credit against the tax imposed under subsections (a) and (b)
16		of Section 201 of the Illinois Income Tax Act in an amount
17		equal to 50% of the amount of the incremental income tax
18		attributable to Enterprise Zone construction jobs credit
19		employees employed in the course of completing an Enterprise
20		Zone construction jobs project. However, the Enterprise Zone
21		construction jobs credit may equal 75% of the amount of the
22		incremental income tax attributable to Enterprise Zone
23		construction jobs credit employees if the project is located
24		in an underserved area.
25		(b) A business entity seeking a credit under this Section

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1		must submit an application to the Department and must receive
2		approval from the designating municipality or county and the
3		Department for the Enterprise Zone construction jobs credit
4		project. The application must describe the nature and benefit
5		of the project to the certified Enterprise Zone and its
6		potential contributors. The total aggregate amount of credits
7		awarded under the Blue Collar Jobs Act (Article 20 of Public
8		Act 101-9 this amendatory Act of the 101st General Assembly)
9		shall not exceed $20,000,000 in any State fiscal year.
10		Within 45 days after receipt of an application, the
11		Department shall give notice to the applicant as to whether
12		the application has been approved or disapproved. If the
13		Department disapproves the application, it shall specify the
14		reasons for this decision and allow 60 days for the applicant
15		to amend and resubmit its application. The Department shall
16		provide assistance upon request to applicants. Resubmitted
17		applications shall receive the Department's approval or
18		disapproval within 30 days after the application is
19		resubmitted. Those resubmitted applications satisfying initial
20		Department objectives shall be approved unless reasonable
21		circumstances warrant disapproval.
22		On an annual basis, the designated zone organization shall
23		furnish a statement to the Department on the programmatic and
24		financial status of any approved project and an audited
25		financial statement of the project.
26		The Department shall certify to the Department of Revenue

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1		the identity of taxpayers who are eligible for the credits and
2		the amount of credits that are claimed pursuant to
3		subparagraph (8) of subsection (f) of Section 201 the Illinois
4		Income Tax Act.
5		The Enterprise Zone construction jobs credit project must
6		be undertaken by the business entity in the course of
7		completing a project that complies with the criteria contained
8		in Section 4 of this Act and is undertaken in a certified
9		Enterprise Zone. The Department shall adopt any necessary
10		rules for the implementation of this subsection (b).
11		(c) Any business entity that receives an Enterprise Zone
12		construction jobs credit shall maintain a certified payroll
13		pursuant to subsection (d) of this Section.
14		(d) Each contractor and subcontractor who is engaged in
15		and is executing an Enterprise Zone construction jobs credit
16		project for a business that is entitled to a credit pursuant to
17		this Section shall:
18		(1) make and keep, for a period of 5 years from the
19		date of the last payment made on or after June 5, 2019 (the
20		effective date of Public Act 101-9) this amendatory Act of
21		the 101st General Assembly on a contract or subcontract
22		for an Enterprise Zone construction jobs credit project,
23		records for all laborers and other workers employed by
24		them on the project; the records shall include:
25		(A) the worker's name;
26		(B) the worker's address;

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1		(C) the worker's telephone number, if available;
2		(D) the worker's social security number;
3		(E) the worker's classification or
4		classifications;
5		(F) the worker's gross and net wages paid in each
6		pay period;
7		(G) the worker's number of hours worked each day;
8		(H) the worker's starting and ending times of work
9		each day;
10		(I) the worker's hourly wage rate; and
11		(J) the worker's hourly overtime wage rate;
12		(2) no later than the 15th day of each calendar month,
13		provide a certified payroll for the immediately preceding
14		month to the taxpayer in charge of the project; within 5
15		business days after receiving the certified payroll, the
16		taxpayer shall file the certified payroll with the
17		Department of Labor and the Department of Commerce and
18		Economic Opportunity; a certified payroll must be filed
19		for only those calendar months during which construction
20		on an Enterprise Zone construction jobs project has
21		occurred; the certified payroll shall consist of a
22		complete copy of the records identified in paragraph (1)
23		of this subsection (d), but may exclude the starting and
24		ending times of work each day; the certified payroll shall
25		be accompanied by a statement signed by the contractor or
26		subcontractor or an officer, employee, or agent of the

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1		contractor or subcontractor which avers that:
2		(A) he or she has examined the certified payroll
3		records required to be submitted by the Act and such
4		records are true and accurate; and
5		(B) the contractor or subcontractor is aware that
6		filing a certified payroll that he or she knows to be
7		false is a Class A misdemeanor.
8		A general contractor is not prohibited from relying on a
9		certified payroll of a lower-tier subcontractor, provided the
10		general contractor does not knowingly rely upon a
11		subcontractor's false certification.
12		Any contractor or subcontractor subject to this
13		subsection, and any officer, employee, or agent of such
14		contractor or subcontractor whose duty as an officer,
15		employee, or agent it is to file a certified payroll under this
16		subsection, who willfully fails to file such a certified
17		payroll on or before the date such certified payroll is
18		required by this paragraph to be filed and any person who
19		willfully files a false certified payroll that is false as to
20		any material fact is in violation of this Act and guilty of a
21		Class A misdemeanor.
22		The taxpayer in charge of the project shall keep the
23		records submitted in accordance with this subsection on or
24		after June 5, 2019 (the effective date of Public Act 101-9)
25		this amendatory Act of the 101st General Assembly for a period
26		of 5 years from the date of the last payment for work on a

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1		contract or subcontract for the project.
2		The records submitted in accordance with this subsection
3		shall be considered public records, except an employee's
4		address, telephone number, and social security number, and
5		made available in accordance with the Freedom of Information
6		Act. The Department of Labor shall accept any reasonable
7		submissions by the contractor that meet the requirements of
8		this subsection and shall share the information with the
9		Department in order to comply with the awarding of Enterprise
10		Zone construction jobs credits. A contractor, subcontractor,
11		or public body may retain records required under this Section
12		in paper or electronic format.
13		Upon 7 business days' notice, the contractor and each
14		subcontractor shall make available for inspection and copying
15		at a location within this State during reasonable hours, the
16		records identified in paragraph (1) of this subsection to the
17		taxpayer in charge of the project, its officers and agents,
18		the Director of Labor and his or her deputies and agents, and
19		to federal, State, or local law enforcement agencies and
20		prosecutors.
21		(e) As used in this Section:
22		"Enterprise Zone construction jobs credit" means an amount
23		equal to 50% (or 75% if the project is located in an
24		underserved area) of the incremental income tax attributable
25		to Enterprise Zone construction jobs credit employees.
26		"Enterprise Zone construction jobs credit employee" means

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1		a laborer or worker who is employed by an Illinois contractor
2		or subcontractor in the actual construction work on the site
3		of an Enterprise Zone construction jobs credit project.
4		"Enterprise Zone construction jobs credit project" means
5		building a structure or building or making improvements of any
6		kind to real property commissioned and paid for by a business
7		that has applied and been approved for an Enterprise Zone
8		construction jobs credit pursuant to this Section. "Enterprise
9		Zone construction jobs credit project" does not include the
10		routine operation, routine repair, or routine maintenance of
11		existing structures, buildings, or real property.
12		"Incremental income tax" means the total amount withheld
13		during the taxable year from the compensation of Enterprise
14		Zone construction jobs credit employees.
15		"Underserved area" means a geographic area that meets one
16		or more of the following conditions:
17		(1) the area has a poverty rate of at least 20%
18		according to the latest federal decennial census;
19		(2) 75% or more of the children in the area
20		participate in the federal free lunch program according to
21		reported statistics from the State Board of Education;
22		(3) at least 20% of the households in the area receive
23		assistance under the Supplemental Nutrition Assistance
24		Program (SNAP); or
25		(4) the area has an average unemployment rate, as
26		determined by the Illinois Department of Employment

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1		Security, that is more than 120% of the national
2		unemployment average, as determined by the U.S. Department
3		of Labor, for a period of at least 2 consecutive calendar
4		years preceding the date of the application.
5		(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
6		Section 110. The Lake Michigan Wind Energy Act is amended
7		by changing Section 20 as follows:
8		(20 ILCS 896/20)
9		Sec. 20. Offshore Wind Energy Economic Development Policy
10		Task Force.
11		(a) The Governor shall convene an Offshore Wind Energy
12		Economic Development Policy Task Force, to be chaired by the
13		Director of Commerce and Economic Opportunity, or his or her
14		designee, to analyze and evaluate policy and economic options
15		to facilitate the development of offshore wind energy, and to
16		propose an appropriate Illinois mechanism for purchasing and
17		selling power from possible offshore wind energy projects. The
18		Task Force shall examine mechanisms used in other states and
19		jurisdictions, including, without limitation, feed-in tariffs,
20		renewable energy certificates, renewable energy certificate
21		carve-outs, power purchase agreements, and pilot projects. The
22		Task Force shall report its findings and recommendations to
23		the Governor and General Assembly within 12 months of
24		convening.

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1		(b) The Director of the Illinois Power Agency (or his or
2		her designee), the Executive Director of the Illinois Commerce
3		Commission (or his or her designee), the Director of Natural
4		Resources (or his or her designee), and the Attorney General
5		(or his or her designee) shall serve as ex officio members of
6		the Task Force.
7		(c) The Governor shall appoint, within 90 days of August
8		9, 2019 (the effective date of Public Act 101-283) this
9		amendatory Act of the 101st General Assembly, the following
10		public members to serve on the Task Force:
11		(1) one individual from an institution of higher
12		education in Illinois representing the discipline of
13		economics with experience in the study of renewable
14		energy;
15		(2) one individual representing an energy industry
16		with experience in renewable energy markets;
17		(3) one individual representing a Statewide consumer
18		or electric ratepayer organization;
19		(4) one individual representing the offshore wind
20		energy industry;
21		(5) one individual representing the wind energy supply
22		chain industry;
23		(6) one individual representing an Illinois electrical
24		cooperative, municipal electrical utility, or association
25		of such cooperatives or utilities;
26		(7) one individual representing an Illinois industrial

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1		union involved in the construction, maintenance, or
2		transportation of electrical generation, distribution, or
3		transmission equipment or components;
4		(8) one individual representing an Illinois commercial
5		or industrial electrical consumer;
6		(9) one individual representing an Illinois public
7		education electrical consumer;
8		(10) one individual representing an independent
9		transmission company;
10		(11) one individual from the Illinois legal community
11		with experience in contracts, utility law, municipal law,
12		and constitutional law;
13		(12) one individual representing a Great Lakes
14		regional organization with experience assessing or
15		studying wind energy;
16		(13) one individual representing a Statewide
17		environmental organization;
18		(14) one resident of the State representing an
19		organization advocating for persons of low or limited
20		incomes;
21		(15) one individual representing Argonne National
22		Laboratory; and
23		(16) one individual representing a local community
24		that has aggregated the purchase of electricity.
25		(d) The Governor may appoint additional public members to
26		the Task Force.

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1		(e) The Speaker of the House of Representatives, Minority
2		Leader of the House of Representatives, Senate President, and
3		Minority Leader of the Senate shall each appoint one member of
4		the General Assembly to serve on the Task Force.
5		(f) Members of the Task Force shall serve without
6		compensation.
7		(Source: P.A. 101-283, eff. 8-9-19; revised 11-21-19.)
8		Section 115. The Energy Policy and Planning Act is amended
9		by changing Section 4 as follows:
10		(20 ILCS 1120/4) (from Ch. 96 1/2, par. 7804)
11		Sec. 4. Authority. (1) The Department in addition to its
12		preparation of energy contingency plans, shall also analyze,
13		prepare, and recommend a comprehensive energy plan for the
14		State of Illinois.
15		The plan shall identify emerging trends related to energy
16		supply, demand, conservation, public health and safety
17		factors, and should specify the levels of statewide and
18		service area energy needs, past, present, and estimated future
19		demand, as well as the potential social, economic, or
20		environmental effects caused by the continuation of existing
21		trends and by the various alternatives available to the State.
22		The plan shall also conform to the requirements of Section
23		8-402 of the Public Utilities Act. The Department shall design
24		programs as necessary to achieve the purposes of this Act and

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1		the planning objectives of the The Public Utilities Act. The
2		Department's energy plan, and any programs designed pursuant
3		to this Section shall be filed with the Commission in
4		accordance with the Commission's planning responsibilities and
5		hearing requirements related thereto. The Department shall
6		periodically review the plan, objectives and programs at least
7		every 2 years, and the results of such review and any resulting
8		changes in the Department's plan or programs shall be filed
9		with the Commission.
10		The Department's plan and programs and any review thereof,
11		shall also be filed with the Governor, the General Assembly,
12		and the Public Counsel, and shall be available to the public
13		upon request.
14		The requirement for reporting to the General Assembly
15		shall be satisfied by filing copies of the report as required
16		by Section 3.1 of the General Assembly Organization Act, and
17		filing such additional copies with the State Government Report
18		Distribution Center for the General Assembly as is required
19		under paragraph (t) of Section 7 of the State Library Act.
20		(Source: P.A. 100-1148, eff. 12-10-18; revised 7-17-19.)
21		Section 120. The Department of Labor Law of the Civil
22		Administrative Code of Illinois is amended by changing Section
23		1505-215 as follows:
24		(20 ILCS 1505/1505-215)

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1		Sec. 1505-215. Bureau on Apprenticeship Programs; Advisory
2		Board. (a) There is created within the Department of Labor a
3		Bureau on Apprenticeship Programs. This Bureau shall work to
4		increase minority participation in active apprentice programs
5		in Illinois that are approved by the United States Department
6		of Labor. The Bureau shall identify barriers to minorities
7		gaining access to construction careers and make
8		recommendations to the Governor and the General Assembly for
9		policies to remove those barriers. The Department may hire
10		staff to perform outreach in promoting diversity in active
11		apprenticeship programs approved by the United States
12		Department of Labor. The Bureau shall annually compile racial
13		and gender workforce diversity information from contractors
14		receiving State or other public funds and by labor unions with
15		members working on projects receiving State or other public
16		funds.
17		(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
18		revised 10-22-20.)
19		Section 125. The Illinois Lottery Law is amended by
20		changing Sections 2 and 9.1 as follows:
21		(20 ILCS 1605/2) (from Ch. 120, par. 1152)
22		Sec. 2. This Act is enacted to implement and establish
23		within the State a lottery to be conducted by the State through
24		the Department. The entire net proceeds of the Lottery are to

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1		be used for the support of the State's Common School Fund,
2		except as provided in subsection (o) of Section 9.1 and
3		Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, and 21.11,
4		21.12, and 21.13. The General Assembly finds that it is in the
5		public interest for the Department to conduct the functions of
6		the Lottery with the assistance of a private manager under a
7		management agreement overseen by the Department. The
8		Department shall be accountable to the General Assembly and
9		the people of the State through a comprehensive system of
10		regulation, audits, reports, and enduring operational
11		oversight. The Department's ongoing conduct of the Lottery
12		through a management agreement with a private manager shall
13		act to promote and ensure the integrity, security, honesty,
14		and fairness of the Lottery's operation and administration. It
15		is the intent of the General Assembly that the Department
16		shall conduct the Lottery with the assistance of a private
17		manager under a management agreement at all times in a manner
18		consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1), 1953(b)(4).
19		Beginning with Fiscal Year 2018 and every year thereafter,
20		any moneys transferred from the State Lottery Fund to the
21		Common School Fund shall be supplemental to, and not in lieu
22		of, any other money due to be transferred to the Common School
23		Fund by law or appropriation.
24		(Source: P.A. 100-466, eff. 6-1-18; 100-647, eff. 7-30-18;
25		100-1068, eff. 8-24-18; 101-81, eff. 7-12-19; 101-561, eff.
26		8-23-19; revised 10-21-19.)

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1		(20 ILCS 1605/9.1)
2		Sec. 9.1. Private manager and management agreement.
3		(a) As used in this Section:
4		"Offeror" means a person or group of persons that responds
5		to a request for qualifications under this Section.
6		"Request for qualifications" means all materials and
7		documents prepared by the Department to solicit the following
8		from offerors:
9		(1) Statements of qualifications.
10		(2) Proposals to enter into a management agreement,
11		including the identity of any prospective vendor or
12		vendors that the offeror intends to initially engage to
13		assist the offeror in performing its obligations under the
14		management agreement.
15		"Final offer" means the last proposal submitted by an
16		offeror in response to the request for qualifications,
17		including the identity of any prospective vendor or vendors
18		that the offeror intends to initially engage to assist the
19		offeror in performing its obligations under the management
20		agreement.
21		"Final offeror" means the offeror ultimately selected by
22		the Governor to be the private manager for the Lottery under
23		subsection (h) of this Section.
24		(b) By September 15, 2010, the Governor shall select a
25		private manager for the total management of the Lottery with

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1		integrated functions, such as lottery game design, supply of
2		goods and services, and advertising and as specified in this
3		Section.
4		(c) Pursuant to the terms of this subsection, the
5		Department shall endeavor to expeditiously terminate the
6		existing contracts in support of the Lottery in effect on July
7		13, 2009 (the effective date of Public Act 96-37) this
8		amendatory Act of the 96th General Assembly in connection with
9		the selection of the private manager. As part of its
10		obligation to terminate these contracts and select the private
11		manager, the Department shall establish a mutually agreeable
12		timetable to transfer the functions of existing contractors to
13		the private manager so that existing Lottery operations are
14		not materially diminished or impaired during the transition.
15		To that end, the Department shall do the following:
16		(1) where such contracts contain a provision
17		authorizing termination upon notice, the Department shall
18		provide notice of termination to occur upon the mutually
19		agreed timetable for transfer of functions;
20		(2) upon the expiration of any initial term or renewal
21		term of the current Lottery contracts, the Department
22		shall not renew such contract for a term extending beyond
23		the mutually agreed timetable for transfer of functions;
24		or
25		(3) in the event any current contract provides for
26		termination of that contract upon the implementation of a

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1		contract with the private manager, the Department shall
2		perform all necessary actions to terminate the contract on
3		the date that coincides with the mutually agreed timetable
4		for transfer of functions.
5		If the contracts to support the current operation of the
6		Lottery in effect on July 13, 2009 (the effective date of
7		Public Act 96-34) this amendatory Act of the 96th General
8		Assembly are not subject to termination as provided for in
9		this subsection (c), then the Department may include a
10		provision in the contract with the private manager specifying
11		a mutually agreeable methodology for incorporation.
12		(c-5) The Department shall include provisions in the
13		management agreement whereby the private manager shall, for a
14		fee, and pursuant to a contract negotiated with the Department
15		(the "Employee Use Contract"), utilize the services of current
16		Department employees to assist in the administration and
17		operation of the Lottery. The Department shall be the employer
18		of all such bargaining unit employees assigned to perform such
19		work for the private manager, and such employees shall be
20		State employees, as defined by the Personnel Code. Department
21		employees shall operate under the same employment policies,
22		rules, regulations, and procedures, as other employees of the
23		Department. In addition, neither historical representation
24		rights under the Illinois Public Labor Relations Act, nor
25		existing collective bargaining agreements, shall be disturbed
26		by the management agreement with the private manager for the

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1		management of the Lottery.
2		(d) The management agreement with the private manager
3		shall include all of the following:
4		(1) A term not to exceed 10 years, including any
5		renewals.
6		(2) A provision specifying that the Department:
7		(A) shall exercise actual control over all
8		significant business decisions;
9		(A-5) has the authority to direct or countermand
10		operating decisions by the private manager at any
11		time;
12		(B) has ready access at any time to information
13		regarding Lottery operations;
14		(C) has the right to demand and receive
15		information from the private manager concerning any
16		aspect of the Lottery operations at any time; and
17		(D) retains ownership of all trade names,
18		trademarks, and intellectual property associated with
19		the Lottery.
20		(3) A provision imposing an affirmative duty on the
21		private manager to provide the Department with material
22		information and with any information the private manager
23		reasonably believes the Department would want to know to
24		enable the Department to conduct the Lottery.
25		(4) A provision requiring the private manager to
26		provide the Department with advance notice of any

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1		operating decision that bears significantly on the public
2		interest, including, but not limited to, decisions on the
3		kinds of games to be offered to the public and decisions
4		affecting the relative risk and reward of the games being
5		offered, so the Department has a reasonable opportunity to
6		evaluate and countermand that decision.
7		(5) A provision providing for compensation of the
8		private manager that may consist of, among other things, a
9		fee for services and a performance based bonus as
10		consideration for managing the Lottery, including terms
11		that may provide the private manager with an increase in
12		compensation if Lottery revenues grow by a specified
13		percentage in a given year.
14		(6) (Blank).
15		(7) A provision requiring the deposit of all Lottery
16		proceeds to be deposited into the State Lottery Fund
17		except as otherwise provided in Section 20 of this Act.
18		(8) A provision requiring the private manager to
19		locate its principal office within the State.
20		(8-5) A provision encouraging that at least 20% of the
21		cost of contracts entered into for goods and services by
22		the private manager in connection with its management of
23		the Lottery, other than contracts with sales agents or
24		technical advisors, be awarded to businesses that are a
25		minority-owned business, a women-owned business, or a
26		business owned by a person with disability, as those terms

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1		are defined in the Business Enterprise for Minorities,
2		Women, and Persons with Disabilities Act.
3		(9) A requirement that so long as the private manager
4		complies with all the conditions of the agreement under
5		the oversight of the Department, the private manager shall
6		have the following duties and obligations with respect to
7		the management of the Lottery:
8		(A) The right to use equipment and other assets
9		used in the operation of the Lottery.
10		(B) The rights and obligations under contracts
11		with retailers and vendors.
12		(C) The implementation of a comprehensive security
13		program by the private manager.
14		(D) The implementation of a comprehensive system
15		of internal audits.
16		(E) The implementation of a program by the private
17		manager to curb compulsive gambling by persons playing
18		the Lottery.
19		(F) A system for determining (i) the type of
20		Lottery games, (ii) the method of selecting winning
21		tickets, (iii) the manner of payment of prizes to
22		holders of winning tickets, (iv) the frequency of
23		drawings of winning tickets, (v) the method to be used
24		in selling tickets, (vi) a system for verifying the
25		validity of tickets claimed to be winning tickets,
26		(vii) the basis upon which retailer commissions are

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1		established by the manager, and (viii) minimum
2		payouts.
3		(10) A requirement that advertising and promotion must
4		be consistent with Section 7.8a of this Act.
5		(11) A requirement that the private manager market the
6		Lottery to those residents who are new, infrequent, or
7		lapsed players of the Lottery, especially those who are
8		most likely to make regular purchases on the Internet as
9		permitted by law.
10		(12) A code of ethics for the private manager's
11		officers and employees.
12		(13) A requirement that the Department monitor and
13		oversee the private manager's practices and take action
14		that the Department considers appropriate to ensure that
15		the private manager is in compliance with the terms of the
16		management agreement, while allowing the manager, unless
17		specifically prohibited by law or the management
18		agreement, to negotiate and sign its own contracts with
19		vendors.
20		(14) A provision requiring the private manager to
21		periodically file, at least on an annual basis,
22		appropriate financial statements in a form and manner
23		acceptable to the Department.
24		(15) Cash reserves requirements.
25		(16) Procedural requirements for obtaining the prior
26		approval of the Department when a management agreement or

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1		an interest in a management agreement is sold, assigned,
2		transferred, or pledged as collateral to secure financing.
3		(17) Grounds for the termination of the management
4		agreement by the Department or the private manager.
5		(18) Procedures for amendment of the agreement.
6		(19) A provision requiring the private manager to
7		engage in an open and competitive bidding process for any
8		procurement having a cost in excess of $50,000 that is not
9		a part of the private manager's final offer. The process
10		shall favor the selection of a vendor deemed to have
11		submitted a proposal that provides the Lottery with the
12		best overall value. The process shall not be subject to
13		the provisions of the Illinois Procurement Code, unless
14		specifically required by the management agreement.
15		(20) The transition of rights and obligations,
16		including any associated equipment or other assets used in
17		the operation of the Lottery, from the manager to any
18		successor manager of the lottery, including the
19		Department, following the termination of or foreclosure
20		upon the management agreement.
21		(21) Right of use of copyrights, trademarks, and
22		service marks held by the Department in the name of the
23		State. The agreement must provide that any use of them by
24		the manager shall only be for the purpose of fulfilling
25		its obligations under the management agreement during the
26		term of the agreement.

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1		(22) The disclosure of any information requested by
2		the Department to enable it to comply with the reporting
3		requirements and information requests provided for under
4		subsection (p) of this Section.
5		(e) Notwithstanding any other law to the contrary, the
6		Department shall select a private manager through a
7		competitive request for qualifications process consistent with
8		Section 20-35 of the Illinois Procurement Code, which shall
9		take into account:
10		(1) the offeror's ability to market the Lottery to
11		those residents who are new, infrequent, or lapsed players
12		of the Lottery, especially those who are most likely to
13		make regular purchases on the Internet;
14		(2) the offeror's ability to address the State's
15		concern with the social effects of gambling on those who
16		can least afford to do so;
17		(3) the offeror's ability to provide the most
18		successful management of the Lottery for the benefit of
19		the people of the State based on current and past business
20		practices or plans of the offeror; and
21		(4) the offeror's poor or inadequate past performance
22		in servicing, equipping, operating or managing a lottery
23		on behalf of Illinois, another State or foreign government
24		and attracting persons who are not currently regular
25		players of a lottery.
26		(f) The Department may retain the services of an advisor

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1		or advisors with significant experience in financial services
2		or the management, operation, and procurement of goods,
3		services, and equipment for a government-run lottery to assist
4		in the preparation of the terms of the request for
5		qualifications and selection of the private manager. Any
6		prospective advisor seeking to provide services under this
7		subsection (f) shall disclose any material business or
8		financial relationship during the past 3 years with any
9		potential offeror, or with a contractor or subcontractor
10		presently providing goods, services, or equipment to the
11		Department to support the Lottery. The Department shall
12		evaluate the material business or financial relationship of
13		each prospective advisor. The Department shall not select any
14		prospective advisor with a substantial business or financial
15		relationship that the Department deems to impair the
16		objectivity of the services to be provided by the prospective
17		advisor. During the course of the advisor's engagement by the
18		Department, and for a period of one year thereafter, the
19		advisor shall not enter into any business or financial
20		relationship with any offeror or any vendor identified to
21		assist an offeror in performing its obligations under the
22		management agreement. Any advisor retained by the Department
23		shall be disqualified from being an offeror. The Department
24		shall not include terms in the request for qualifications that
25		provide a material advantage whether directly or indirectly to
26		any potential offeror, or any contractor or subcontractor

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1		presently providing goods, services, or equipment to the
2		Department to support the Lottery, including terms contained
3		in previous responses to requests for proposals or
4		qualifications submitted to Illinois, another State or foreign
5		government when those terms are uniquely associated with a
6		particular potential offeror, contractor, or subcontractor.
7		The request for proposals offered by the Department on
8		December 22, 2008 as "LOT08GAMESYS" and reference number
9		"22016176" is declared void.
10		(g) The Department shall select at least 2 offerors as
11		finalists to potentially serve as the private manager no later
12		than August 9, 2010. Upon making preliminary selections, the
13		Department shall schedule a public hearing on the finalists'
14		proposals and provide public notice of the hearing at least 7
15		calendar days before the hearing. The notice must include all
16		of the following:
17		(1) The date, time, and place of the hearing.
18		(2) The subject matter of the hearing.
19		(3) A brief description of the management agreement to
20		be awarded.
21		(4) The identity of the offerors that have been
22		selected as finalists to serve as the private manager.
23		(5) The address and telephone number of the
24		Department.
25		(h) At the public hearing, the Department shall (i)
26		provide sufficient time for each finalist to present and

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1		explain its proposal to the Department and the Governor or the
2		Governor's designee, including an opportunity to respond to
3		questions posed by the Department, Governor, or designee and
4		(ii) allow the public and non-selected offerors to comment on
5		the presentations. The Governor or a designee shall attend the
6		public hearing. After the public hearing, the Department shall
7		have 14 calendar days to recommend to the Governor whether a
8		management agreement should be entered into with a particular
9		finalist. After reviewing the Department's recommendation, the
10		Governor may accept or reject the Department's recommendation,
11		and shall select a final offeror as the private manager by
12		publication of a notice in the Illinois Procurement Bulletin
13		on or before September 15, 2010. The Governor shall include in
14		the notice a detailed explanation and the reasons why the
15		final offeror is superior to other offerors and will provide
16		management services in a manner that best achieves the
17		objectives of this Section. The Governor shall also sign the
18		management agreement with the private manager.
19		(i) Any action to contest the private manager selected by
20		the Governor under this Section must be brought within 7
21		calendar days after the publication of the notice of the
22		designation of the private manager as provided in subsection
23		(h) of this Section.
24		(j) The Lottery shall remain, for so long as a private
25		manager manages the Lottery in accordance with provisions of
26		this Act, a Lottery conducted by the State, and the State shall

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1		not be authorized to sell or transfer the Lottery to a third
2		party.
3		(k) Any tangible personal property used exclusively in
4		connection with the lottery that is owned by the Department
5		and leased to the private manager shall be owned by the
6		Department in the name of the State and shall be considered to
7		be public property devoted to an essential public and
8		governmental function.
9		(l) The Department may exercise any of its powers under
10		this Section or any other law as necessary or desirable for the
11		execution of the Department's powers under this Section.
12		(m) Neither this Section nor any management agreement
13		entered into under this Section prohibits the General Assembly
14		from authorizing forms of gambling that are not in direct
15		competition with the Lottery. The forms of gambling authorized
16		by Public Act 101-31 this amendatory Act of the 101st General
17		Assembly constitute authorized forms of gambling that are not
18		in direct competition with the Lottery.
19		(n) The private manager shall be subject to a complete
20		investigation in the third, seventh, and tenth years of the
21		agreement (if the agreement is for a 10-year term) by the
22		Department in cooperation with the Auditor General to
23		determine whether the private manager has complied with this
24		Section and the management agreement. The private manager
25		shall bear the cost of an investigation or reinvestigation of
26		the private manager under this subsection.

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1		(o) The powers conferred by this Section are in addition
2		and supplemental to the powers conferred by any other law. If
3		any other law or rule is inconsistent with this Section,
4		including, but not limited to, provisions of the Illinois
5		Procurement Code, then this Section controls as to any
6		management agreement entered into under this Section. This
7		Section and any rules adopted under this Section contain full
8		and complete authority for a management agreement between the
9		Department and a private manager. No law, procedure,
10		proceeding, publication, notice, consent, approval, order, or
11		act by the Department or any other officer, Department,
12		agency, or instrumentality of the State or any political
13		subdivision is required for the Department to enter into a
14		management agreement under this Section. This Section contains
15		full and complete authority for the Department to approve any
16		contracts entered into by a private manager with a vendor
17		providing goods, services, or both goods and services to the
18		private manager under the terms of the management agreement,
19		including subcontractors of such vendors.
20		Upon receipt of a written request from the Chief
21		Procurement Officer, the Department shall provide to the Chief
22		Procurement Officer a complete and un-redacted copy of the
23		management agreement or any contract that is subject to the
24		Department's approval authority under this subsection (o). The
25		Department shall provide a copy of the agreement or contract
26		to the Chief Procurement Officer in the time specified by the

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1		Chief Procurement Officer in his or her written request, but
2		no later than 5 business days after the request is received by
3		the Department. The Chief Procurement Officer must retain any
4		portions of the management agreement or of any contract
5		designated by the Department as confidential, proprietary, or
6		trade secret information in complete confidence pursuant to
7		subsection (g) of Section 7 of the Freedom of Information Act.
8		The Department shall also provide the Chief Procurement
9		Officer with reasonable advance written notice of any contract
10		that is pending Department approval.
11		Notwithstanding any other provision of this Section to the
12		contrary, the Chief Procurement Officer shall adopt
13		administrative rules, including emergency rules, to establish
14		a procurement process to select a successor private manager if
15		a private management agreement has been terminated. The
16		selection process shall at a minimum take into account the
17		criteria set forth in items (1) through (4) of subsection (e)
18		of this Section and may include provisions consistent with
19		subsections (f), (g), (h), and (i) of this Section. The Chief
20		Procurement Officer shall also implement and administer the
21		adopted selection process upon the termination of a private
22		management agreement. The Department, after the Chief
23		Procurement Officer certifies that the procurement process has
24		been followed in accordance with the rules adopted under this
25		subsection (o), shall select a final offeror as the private
26		manager and sign the management agreement with the private

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1		manager.
2		Except as provided in Sections 21.5, 21.6, 21.7, 21.8,
3		21.9, 21.10, 21.11, 21.12, and 21.13, the Department shall
4		distribute all proceeds of lottery tickets and shares sold in
5		the following priority and manner:
6		(1) The payment of prizes and retailer bonuses.
7		(2) The payment of costs incurred in the operation and
8		administration of the Lottery, including the payment of
9		sums due to the private manager under the management
10		agreement with the Department.
11		(3) On the last day of each month or as soon thereafter
12		as possible, the State Comptroller shall direct and the
13		State Treasurer shall transfer from the State Lottery Fund
14		to the Common School Fund an amount that is equal to the
15		proceeds transferred in the corresponding month of fiscal
16		year 2009, as adjusted for inflation, to the Common School
17		Fund.
18		(4) On or before September 30 of each fiscal year,
19		deposit any estimated remaining proceeds from the prior
20		fiscal year, subject to payments under items (1), (2), and
21		(3), into the Capital Projects Fund. Beginning in fiscal
22		year 2019, the amount deposited shall be increased or
23		decreased each year by the amount the estimated payment
24		differs from the amount determined from each year-end
25		financial audit. Only remaining net deficits from prior
26		fiscal years may reduce the requirement to deposit these

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1		funds, as determined by the annual financial audit.
2		(p) The Department shall be subject to the following
3		reporting and information request requirements:
4		(1) the Department shall submit written quarterly
5		reports to the Governor and the General Assembly on the
6		activities and actions of the private manager selected
7		under this Section;
8		(2) upon request of the Chief Procurement Officer, the
9		Department shall promptly produce information related to
10		the procurement activities of the Department and the
11		private manager requested by the Chief Procurement
12		Officer; the Chief Procurement Officer must retain
13		confidential, proprietary, or trade secret information
14		designated by the Department in complete confidence
15		pursuant to subsection (g) of Section 7 of the Freedom of
16		Information Act; and
17		(3) at least 30 days prior to the beginning of the
18		Department's fiscal year, the Department shall prepare an
19		annual written report on the activities of the private
20		manager selected under this Section and deliver that
21		report to the Governor and General Assembly.
22		(Source: P.A. 100-391, eff. 8-25-17; 100-587, eff. 6-4-18;
23		100-647, eff. 7-30-18; 100-1068, eff. 8-24-18; 101-31, eff.
24		6-28-19; 101-81, eff. 7-12-19; 101-561, eff. 8-23-19; revised
25		10-21-19.)

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1		Section 130. The Department of Public Health Powers and
2		Duties Law of the Civil Administrative Code of Illinois is
3		amended by setting forth and renumbering multiple versions of
4		Sections 2310-223 and 2310-455 and by changing Section
5		2310-670 as follows:
6		(20 ILCS 2310/2310-222)
7		Sec. 2310-222 2310-223. Obstetric hemorrhage and
8		hypertension training.
9		(a) As used in this Section, "birthing facility" means (1)
10		a hospital, as defined in the Hospital Licensing Act, with
11		more than one licensed obstetric bed or a neonatal intensive
12		care unit; (2) a hospital operated by a State university; or
13		(3) a birth center, as defined in the Alternative Health Care
14		Delivery Act.
15		(b) The Department shall ensure that all birthing
16		facilities conduct continuing education yearly for providers
17		and staff of obstetric medicine and of the emergency
18		department and other staff that may care for pregnant or
19		postpartum women. The continuing education shall include
20		yearly educational modules regarding management of severe
21		maternal hypertension and obstetric hemorrhage for units that
22		care for pregnant or postpartum women. Birthing facilities
23		must demonstrate compliance with these education and training
24		requirements.
25		(c) The Department shall collaborate with the Illinois

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1		Perinatal Quality Collaborative or its successor organization
2		to develop an initiative to improve birth equity and reduce
3		peripartum racial and ethnic disparities. The Department shall
4		ensure that the initiative includes the development of best
5		practices for implicit bias training and education in cultural
6		competency to be used by birthing facilities in interactions
7		between patients and providers. In developing the initiative,
8		the Illinois Perinatal Quality Collaborative or its successor
9		organization shall consider existing programs, such as the
10		Alliance for Innovation on Maternal Health and the California
11		Maternal Quality Collaborative's pilot work on improving birth
12		equity. The Department shall support the initiation of a
13		statewide perinatal quality improvement initiative in
14		collaboration with birthing facilities to implement strategies
15		to reduce peripartum racial and ethnic disparities and to
16		address implicit bias in the health care system.
17		(d) The Department, in consultation with the Maternal
18		Mortality Review Committee, shall make available to all
19		birthing facilities best practices for timely identification
20		of all pregnant and postpartum women in the emergency
21		department and for appropriate and timely consultation of an
22		obstetric provider to provide input on management and
23		follow-up. Birthing facilities may use telemedicine for the
24		consultation.
25		(e) The Department may adopt rules for the purpose of
26		implementing this Section.

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1		(Source: P.A. 101-390, eff. 1-1-20; revised 10-7-19.)
2		(20 ILCS 2310/2310-223)
3		Sec. 2310-223. Maternal care.
4		(a) The Department shall establish a classification system
5		for the following levels of maternal care:
6		(1) basic care: care of uncomplicated pregnancies with
7		the ability to detect, stabilize, and initiate management
8		of unanticipated maternal-fetal or neonatal problems that
9		occur during the antepartum, intrapartum, or postpartum
10		period until the patient can be transferred to a facility
11		at which specialty maternal care is available;
12		(2) specialty care: basic care plus care of
13		appropriate high-risk antepartum, intrapartum, or
14		postpartum conditions, both directly admitted and
15		transferred to another facility;
16		(3) subspecialty care: specialty care plus care of
17		more complex maternal medical conditions, obstetric
18		complications, and fetal conditions; and
19		(4) regional perinatal health care: subspecialty care
20		plus on-site medical and surgical care of the most complex
21		maternal conditions, critically ill pregnant women, and
22		fetuses throughout antepartum, intrapartum, and postpartum
23		care.
24		(b) The Department shall:
25		(1) introduce uniform designations for levels of

SB2435 Enrolled - 248 - LRB102 04062 AMC 14078 b
1		maternal care that are complimentary but distinct from
2		levels of neonatal care;
3		(2) establish clear, uniform criteria for designation
4		of maternal centers that are integrated with emergency
5		response systems to help ensure that the appropriate
6		personnel, physical space, equipment, and technology are
7		available to achieve optimal outcomes, as well as to
8		facilitate subsequent data collection regarding
9		risk-appropriate care;
10		(3) require each health care facility to have a clear
11		understanding of its capability to handle increasingly
12		complex levels of maternal care, and to have a
13		well-defined threshold for transferring women to health
14		care facilities that offer a higher level of care; to
15		ensure optimal care of all pregnant women, the Department
16		shall require all birth centers, hospitals, and
17		higher-level facilities to collaborate in order to develop
18		and maintain maternal and neonatal transport plans and
19		cooperative agreements capable of managing the health care
20		needs of women who develop complications; the Department
21		shall require that receiving hospitals openly accept
22		transfers;
23		(4) require higher-level facilities to provide
24		training for quality improvement initiatives, educational
25		support, and severe morbidity and mortality case review
26		for lower-level hospitals; the Department shall ensure

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1		that, in those regions that do not have a facility that
2		qualifies as a regional perinatal health care facility,
3		any specialty care facility in the region will provide the
4		educational and consultation function;
5		(5) require facilities and regional systems to develop
6		methods to track severe maternal morbidity and mortality
7		to assess the efficacy of utilizing maternal levels of
8		care;
9		(6) analyze data collected from all facilities and
10		regional systems in order to inform future updates to the
11		levels of maternal care;
12		(7) require follow-up interdisciplinary work groups to
13		further explore the implementation needs that are
14		necessary to adopt the proposed classification system for
15		levels of maternal care in all facilities that provide
16		maternal care;
17		(8) disseminate data and materials to raise public
18		awareness about the importance of prenatal care and
19		maternal health;
20		(9) engage the Illinois Chapter of the American
21		Academy of Pediatrics in creating a quality improvement
22		initiative to expand efforts of pediatricians conducting
23		postpartum depression screening at well baby visits during
24		the first year of life; and
25		(10) adopt rules in accordance with the Illinois
26		Administrative Procedure Act to implement this subsection.

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1		(Source: P.A. 101-447, eff. 8-23-19.)
2		(20 ILCS 2310/2310-455)
3		(Section scheduled to be repealed on January 1, 2022)
4		Sec. 2310-455. Federal funding to support maternal mental
5		health.
6		(a) The Department shall investigate and apply for federal
7		funding opportunities to support maternal mental health, to
8		the extent that programs are financed, in whole, by federal
9		funds.
10		(b) The Department shall file a report with the General
11		Assembly on or before January 1, 2021 of the Department's
12		efforts to secure and utilize the federal funding it receives
13		from the requirement specified in subsection (a).
14		(c) This Section is repealed on January 1, 2022.
15		(Source: P.A. 101-70, eff. 1-1-20.)
16		(20 ILCS 2310/2310-460)
17		Sec. 2310-460 2310-455. Suicide prevention. Subject to
18		appropriation, the Department shall implement activities
19		associated with the Suicide Prevention, Education, and
20		Treatment Act, including, but not limited to, the following:
21		(1) Coordinating suicide prevention, intervention, and
22		postvention programs, services, and efforts statewide.
23		(2) Developing and submitting proposals for funding
24		from federal agencies or other sources of funding to

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1		promote suicide prevention and coordinate activities.
2		(3) With input from the Illinois Suicide Prevention
3		Alliance, preparing the Illinois Suicide Prevention
4		Strategic Plan required under Section 15 of the Suicide
5		Prevention, Education, and Treatment Act and coordinating
6		the activities necessary to implement the recommendations
7		in that Plan.
8		(4) With input from the Illinois Suicide Prevention
9		Alliance, providing to the Governor and General Assembly
10		the annual report required under Section 13 of the Suicide
11		Prevention, Education, and Treatment Act.
12		(5) Providing technical support for the activities of
13		the Illinois Suicide Prevention Alliance.
14		(Source: P.A. 101-331, eff. 8-9-19; revised 9-24-19.)
15		(20 ILCS 2310/2310-670)
16		Sec. 2310-670. Breast cancer patient education.
17		(a) The General Assembly makes the following findings:
18		(1) Annually, about 207,090 new cases of breast cancer
19		are diagnosed, according to the American Cancer Society.
20		(2) Breast cancer has a disproportionate and
21		detrimental impact on African-American women and is the
22		most common cancer among Hispanic and Latina women.
23		(3) African-American women under the age of 40 have a
24		greater incidence of breast cancer than Caucasian women of
25		the same age.

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1		(4) Individuals undergoing surgery for breast cancer
2		should give due consideration to the option of breast
3		reconstructive surgery, either at the same time as the
4		breast cancer surgery or at a later date.
5		(5) According to the American Cancer Society,
6		immediate breast reconstruction offers the advantage of
7		combining the breast cancer surgery with the
8		reconstructive surgery and is cost effective.
9		(6) According to the American Cancer Society, delayed
10		breast reconstruction may be advantageous in women who
11		require post-surgical radiation or other treatments.
12		(7) A woman suffering from the loss of her breast may
13		not be a candidate for surgical breast reconstruction or
14		may choose not to undergo additional surgery and instead
15		choose breast prostheses.
16		(8) The federal Women's Health and Cancer Rights Act
17		of 1998 requires health plans that offer breast cancer
18		coverage to also provide for breast reconstruction.
19		(9) Required coverage for breast reconstruction
20		includes all the necessary stages of reconstruction.
21		Surgery of the opposite breast for symmetry may be
22		required. Breast prostheses may be necessary. Other
23		sequelae of breast cancer treatment, such as lymphedema,
24		must be covered.
25		(10) Several states have enacted laws to require that
26		women receive information on their breast cancer treatment

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1		and reconstruction options.
2		(b) In this Section:
3		"Hispanic" has the same meaning as in Section 1707 of
4		the federal Public Health Service Services Act.
5		"Racial and ethnic minority group" has the same
6		meaning as in Section 1707 of the federal Public Health
7		Services Act.
8		(c) The Director shall provide for the planning and
9		implementation of an education campaign to inform breast
10		cancer patients, especially those in racial and ethnic
11		minority groups, anticipating surgery regarding the
12		availability and coverage of breast reconstruction,
13		prostheses, and other options. The campaign shall include the
14		dissemination, at a minimum, on relevant State health Internet
15		websites, including the Department of Public Health's Internet
16		website, of the following information:
17		(1) Breast reconstruction is possible at the time of
18		breast cancer surgery or in a delayed fashion.
19		(2) Prostheses or breast forms may be available.
20		(3) Federal law mandates both public and private
21		health plans to include coverage of breast reconstruction
22		and prostheses.
23		(4) The patient has a right to choose the provider of
24		reconstructive care, including the potential transfer of
25		care to a surgeon that provides breast reconstructive
26		care.

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1		(5) The patient may opt to undergo breast
2		reconstruction in a delayed fashion for personal reasons
3		or after completion of all other breast cancer treatments.
4		The campaign may include dissemination of such other
5		information, whether developed by the Director or by other
6		entities, as the Director determines relevant. The campaign
7		shall not specify, or be designed to serve as a tool to limit,
8		the health care providers available to patients.
9		(d) In developing the information to be disseminated under
10		this Section, the Director shall consult with appropriate
11		medical societies and patient advocates related to breast
12		cancer, patient advocates representing racial and ethnic
13		minority groups, with a special emphasis on African-American
14		and Hispanic populations' breast reconstructive surgery, and
15		breast prostheses and breast forms.
16		(e) Beginning no later than January 1, 2016 (2 years after
17		the effective date of Public Act 98-479) and continuing each
18		second year thereafter, the Director shall submit to the
19		General Assembly a report describing the activities carried
20		out under this Section during the preceding 2 fiscal years,
21		including evaluating the extent to which the activities have
22		been effective in improving the health of racial and ethnic
23		minority groups.
24		(Source: P.A. 98-479, eff. 1-1-14; 98-756, eff. 7-16-14;
25		revised 8-18-20.)

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1		Section 135. The State Police Act is amended by changing
2		Section 40 as follows:
3		(20 ILCS 2610/40)
4		Sec. 40. Training; administration of epinephrine.
5		(a) This Section, along with Section 10.19 of the Illinois
6		Police Training Act, may be referred to as the Annie LeGere
7		Law.
8		(b) For the purposes of this Section, "epinephrine
9		auto-injector" means a single-use device used for the
10		automatic injection of a pre-measured dose of epinephrine into
11		the human body prescribed in the name of the Department.
12		(c) The Department may conduct or approve a training
13		program for State Police officers to recognize and respond to
14		anaphylaxis, including, but not limited to:
15		(1) how to recognize symptoms of an allergic reaction;
16		(2) how to respond to an emergency involving an
17		allergic reaction;
18		(3) how to administer an epinephrine auto-injector;
19		(4) how to respond to an individual with a known
20		allergy as well as an individual with a previously unknown
21		allergy;
22		(5) a test demonstrating competency of the knowledge
23		required to recognize anaphylaxis and administer an
24		epinephrine auto-injector; and
25		(6) other criteria as determined in rules adopted by

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1		the Department.
2		(d) The Department may authorize a State Police officer
3		who has completed the training program under subsection (c) to
4		carry, administer, or assist with the administration of
5		epinephrine auto-injectors whenever he or she is performing
6		official duties.
7		(e) The Department must establish a written policy to
8		control the acquisition, storage, transportation,
9		administration, and disposal of epinephrine auto-injectors
10		before it allows any State Police officer to carry and
11		administer epinephrine auto-injectors.
12		(f) A physician, physician physician's assistant with
13		prescriptive authority, or advanced practice registered nurse
14		with prescriptive authority may provide a standing protocol or
15		prescription for epinephrine auto-injectors in the name of the
16		Department to be maintained for use when necessary.
17		(g) When a State Police officer administers an epinephrine
18		auto-injector in good faith, the officer and the Department,
19		and its employees and agents, including a physician, physician
20		physician's assistant with prescriptive authority, or advanced
21		practice registered nurse with prescriptive authority who
22		provides a standing order or prescription for an epinephrine
23		auto-injector, incur no civil or professional liability,
24		except for willful and wanton conduct, as a result of any
25		injury or death arising from the use of an epinephrine
26		auto-injector.

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1		(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17;
2		100-648, eff. 7-31-18; revised 1-14-20.)
3		Section 140. The State Police Radio Act is amended by
4		changing Section 5 as follows:
5		(20 ILCS 2615/5) (from Ch. 121, par. 307.25)
6		Sec. 5. Any telegraph or telephone operator who fails to
7		give priority to messages or calls as provided in Section
8		section 3 of this Act or any person who installs or uses a
9		short wavelength wave length radio receiving set in any
10		automobile contrary to the provisions in Section section 4 of
11		this Act or who wilfully makes any false, misleading, or
12		unfounded report to any broadcasting station established under
13		this Act act for the purpose of interfering with the operation
14		thereof or with the intention of misleading any officer of
15		this State, shall be deemed guilty of a Class B misdemeanor.
16		(Source: P.A. 77-2241; revised 8-18-20.)
17		Section 145. The Criminal Identification Act is amended by
18		changing Section 5.2 as follows:
19		(20 ILCS 2630/5.2)
20		Sec. 5.2. Expungement, sealing, and immediate sealing.
21		(a) General Provisions.
22		(1) Definitions. In this Act, words and phrases have

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1		the meanings set forth in this subsection, except when a
2		particular context clearly requires a different meaning.
3		(A) The following terms shall have the meanings
4		ascribed to them in the Unified Code of Corrections,
5		730 ILCS 5/5-1-2 through 5/5-1-22:
6		(i) Business Offense (730 ILCS 5/5-1-2),
7		(ii) Charge (730 ILCS 5/5-1-3),
8		(iii) Court (730 ILCS 5/5-1-6),
9		(iv) Defendant (730 ILCS 5/5-1-7),
10		(v) Felony (730 ILCS 5/5-1-9),
11		(vi) Imprisonment (730 ILCS 5/5-1-10),
12		(vii) Judgment (730 ILCS 5/5-1-12),
13		(viii) Misdemeanor (730 ILCS 5/5-1-14),
14		(ix) Offense (730 ILCS 5/5-1-15),
15		(x) Parole (730 ILCS 5/5-1-16),
16		(xi) Petty Offense (730 ILCS 5/5-1-17),
17		(xii) Probation (730 ILCS 5/5-1-18),
18		(xiii) Sentence (730 ILCS 5/5-1-19),
19		(xiv) Supervision (730 ILCS 5/5-1-21), and
20		(xv) Victim (730 ILCS 5/5-1-22).
21		(B) As used in this Section, "charge not initiated
22		by arrest" means a charge (as defined by 730 ILCS
23		5/5-1-3) brought against a defendant where the
24		defendant is not arrested prior to or as a direct
25		result of the charge.
26		(C) "Conviction" means a judgment of conviction or

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1		sentence entered upon a plea of guilty or upon a
2		verdict or finding of guilty of an offense, rendered
3		by a legally constituted jury or by a court of
4		competent jurisdiction authorized to try the case
5		without a jury. An order of supervision successfully
6		completed by the petitioner is not a conviction. An
7		order of qualified probation (as defined in subsection
8		(a)(1)(J)) successfully completed by the petitioner is
9		not a conviction. An order of supervision or an order
10		of qualified probation that is terminated
11		unsatisfactorily is a conviction, unless the
12		unsatisfactory termination is reversed, vacated, or
13		modified and the judgment of conviction, if any, is
14		reversed or vacated.
15		(D) "Criminal offense" means a petty offense,
16		business offense, misdemeanor, felony, or municipal
17		ordinance violation (as defined in subsection
18		(a)(1)(H)). As used in this Section, a minor traffic
19		offense (as defined in subsection (a)(1)(G)) shall not
20		be considered a criminal offense.
21		(E) "Expunge" means to physically destroy the
22		records or return them to the petitioner and to
23		obliterate the petitioner's name from any official
24		index or public record, or both. Nothing in this Act
25		shall require the physical destruction of the circuit
26		court file, but such records relating to arrests or

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1		charges, or both, ordered expunged shall be impounded
2		as required by subsections (d)(9)(A)(ii) and
3		(d)(9)(B)(ii).
4		(F) As used in this Section, "last sentence" means
5		the sentence, order of supervision, or order of
6		qualified probation (as defined by subsection
7		(a)(1)(J)), for a criminal offense (as defined by
8		subsection (a)(1)(D)) that terminates last in time in
9		any jurisdiction, regardless of whether the petitioner
10		has included the criminal offense for which the
11		sentence or order of supervision or qualified
12		probation was imposed in his or her petition. If
13		multiple sentences, orders of supervision, or orders
14		of qualified probation terminate on the same day and
15		are last in time, they shall be collectively
16		considered the "last sentence" regardless of whether
17		they were ordered to run concurrently.
18		(G) "Minor traffic offense" means a petty offense,
19		business offense, or Class C misdemeanor under the
20		Illinois Vehicle Code or a similar provision of a
21		municipal or local ordinance.
22		(G-5) "Minor Cannabis Offense" means a violation
23		of Section 4 or 5 of the Cannabis Control Act
24		concerning not more than 30 grams of any substance
25		containing cannabis, provided the violation did not
26		include a penalty enhancement under Section 7 of the

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1		Cannabis Control Act and is not associated with an
2		arrest, conviction or other disposition for a violent
3		crime as defined in subsection (c) of Section 3 of the
4		Rights of Crime Victims and Witnesses Act.
5		(H) "Municipal ordinance violation" means an
6		offense defined by a municipal or local ordinance that
7		is criminal in nature and with which the petitioner
8		was charged or for which the petitioner was arrested
9		and released without charging.
10		(I) "Petitioner" means an adult or a minor
11		prosecuted as an adult who has applied for relief
12		under this Section.
13		(J) "Qualified probation" means an order of
14		probation under Section 10 of the Cannabis Control
15		Act, Section 410 of the Illinois Controlled Substances
16		Act, Section 70 of the Methamphetamine Control and
17		Community Protection Act, Section 5-6-3.3 or 5-6-3.4
18		of the Unified Code of Corrections, Section
19		12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
20		those provisions existed before their deletion by
21		Public Act 89-313), Section 10-102 of the Illinois
22		Alcoholism and Other Drug Dependency Act, Section
23		40-10 of the Substance Use Disorder Act, or Section 10
24		of the Steroid Control Act. For the purpose of this
25		Section, "successful completion" of an order of
26		qualified probation under Section 10-102 of the

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1		Illinois Alcoholism and Other Drug Dependency Act and
2		Section 40-10 of the Substance Use Disorder Act means
3		that the probation was terminated satisfactorily and
4		the judgment of conviction was vacated.
5		(K) "Seal" means to physically and electronically
6		maintain the records, unless the records would
7		otherwise be destroyed due to age, but to make the
8		records unavailable without a court order, subject to
9		the exceptions in Sections 12 and 13 of this Act. The
10		petitioner's name shall also be obliterated from the
11		official index required to be kept by the circuit
12		court clerk under Section 16 of the Clerks of Courts
13		Act, but any index issued by the circuit court clerk
14		before the entry of the order to seal shall not be
15		affected.
16		(L) "Sexual offense committed against a minor"
17		includes, but is not limited to, the offenses of
18		indecent solicitation of a child or criminal sexual
19		abuse when the victim of such offense is under 18 years
20		of age.
21		(M) "Terminate" as it relates to a sentence or
22		order of supervision or qualified probation includes
23		either satisfactory or unsatisfactory termination of
24		the sentence, unless otherwise specified in this
25		Section. A sentence is terminated notwithstanding any
26		outstanding financial legal obligation.

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1		(2) Minor Traffic Offenses. Orders of supervision or
2		convictions for minor traffic offenses shall not affect a
3		petitioner's eligibility to expunge or seal records
4		pursuant to this Section.
5		(2.5) Commencing 180 days after July 29, 2016 (the
6		effective date of Public Act 99-697), the law enforcement
7		agency issuing the citation shall automatically expunge,
8		on or before January 1 and July 1 of each year, the law
9		enforcement records of a person found to have committed a
10		civil law violation of subsection (a) of Section 4 of the
11		Cannabis Control Act or subsection (c) of Section 3.5 of
12		the Drug Paraphernalia Control Act in the law enforcement
13		agency's possession or control and which contains the
14		final satisfactory disposition which pertain to the person
15		issued a citation for that offense. The law enforcement
16		agency shall provide by rule the process for access,
17		review, and to confirm the automatic expungement by the
18		law enforcement agency issuing the citation. Commencing
19		180 days after July 29, 2016 (the effective date of Public
20		Act 99-697), the clerk of the circuit court shall expunge,
21		upon order of the court, or in the absence of a court order
22		on or before January 1 and July 1 of each year, the court
23		records of a person found in the circuit court to have
24		committed a civil law violation of subsection (a) of
25		Section 4 of the Cannabis Control Act or subsection (c) of
26		Section 3.5 of the Drug Paraphernalia Control Act in the

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1		clerk's possession or control and which contains the final
2		satisfactory disposition which pertain to the person
3		issued a citation for any of those offenses.
4		(3) Exclusions. Except as otherwise provided in
5		subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
6		of this Section, the court shall not order:
7		(A) the sealing or expungement of the records of
8		arrests or charges not initiated by arrest that result
9		in an order of supervision for or conviction of: (i)
10		any sexual offense committed against a minor; (ii)
11		Section 11-501 of the Illinois Vehicle Code or a
12		similar provision of a local ordinance; or (iii)
13		Section 11-503 of the Illinois Vehicle Code or a
14		similar provision of a local ordinance, unless the
15		arrest or charge is for a misdemeanor violation of
16		subsection (a) of Section 11-503 or a similar
17		provision of a local ordinance, that occurred prior to
18		the offender reaching the age of 25 years and the
19		offender has no other conviction for violating Section
20		11-501 or 11-503 of the Illinois Vehicle Code or a
21		similar provision of a local ordinance.
22		(B) the sealing or expungement of records of minor
23		traffic offenses (as defined in subsection (a)(1)(G)),
24		unless the petitioner was arrested and released
25		without charging.
26		(C) the sealing of the records of arrests or

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1		charges not initiated by arrest which result in an
2		order of supervision or a conviction for the following
3		offenses:
4		(i) offenses included in Article 11 of the
5		Criminal Code of 1961 or the Criminal Code of 2012
6		or a similar provision of a local ordinance,
7		except Section 11-14 and a misdemeanor violation
8		of Section 11-30 of the Criminal Code of 1961 or
9		the Criminal Code of 2012, or a similar provision
10		of a local ordinance;
11		(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
12		26-5, or 48-1 of the Criminal Code of 1961 or the
13		Criminal Code of 2012, or a similar provision of a
14		local ordinance;
15		(iii) Sections 12-3.1 or 12-3.2 of the
16		Criminal Code of 1961 or the Criminal Code of
17		2012, or Section 125 of the Stalking No Contact
18		Order Act, or Section 219 of the Civil No Contact
19		Order Act, or a similar provision of a local
20		ordinance;
21		(iv) Class A misdemeanors or felony offenses
22		under the Humane Care for Animals Act; or
23		(v) any offense or attempted offense that
24		would subject a person to registration under the
25		Sex Offender Registration Act.
26		(D) (blank).

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1		(b) Expungement.
2		(1) A petitioner may petition the circuit court to
3		expunge the records of his or her arrests and charges not
4		initiated by arrest when each arrest or charge not
5		initiated by arrest sought to be expunged resulted in: (i)
6		acquittal, dismissal, or the petitioner's release without
7		charging, unless excluded by subsection (a)(3)(B); (ii) a
8		conviction which was vacated or reversed, unless excluded
9		by subsection (a)(3)(B); (iii) an order of supervision and
10		such supervision was successfully completed by the
11		petitioner, unless excluded by subsection (a)(3)(A) or
12		(a)(3)(B); or (iv) an order of qualified probation (as
13		defined in subsection (a)(1)(J)) and such probation was
14		successfully completed by the petitioner.
15		(1.5) When a petitioner seeks to have a record of
16		arrest expunged under this Section, and the offender has
17		been convicted of a criminal offense, the State's Attorney
18		may object to the expungement on the grounds that the
19		records contain specific relevant information aside from
20		the mere fact of the arrest.
21		(2) Time frame for filing a petition to expunge.
22		(A) When the arrest or charge not initiated by
23		arrest sought to be expunged resulted in an acquittal,
24		dismissal, the petitioner's release without charging,
25		or the reversal or vacation of a conviction, there is
26		no waiting period to petition for the expungement of

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1		such records.
2		(B) When the arrest or charge not initiated by
3		arrest sought to be expunged resulted in an order of
4		supervision, successfully completed by the petitioner,
5		the following time frames will apply:
6		(i) Those arrests or charges that resulted in
7		orders of supervision under Section 3-707, 3-708,
8		3-710, or 5-401.3 of the Illinois Vehicle Code or
9		a similar provision of a local ordinance, or under
10		Section 11-1.50, 12-3.2, or 12-15 of the Criminal
11		Code of 1961 or the Criminal Code of 2012, or a
12		similar provision of a local ordinance, shall not
13		be eligible for expungement until 5 years have
14		passed following the satisfactory termination of
15		the supervision.
16		(i-5) Those arrests or charges that resulted
17		in orders of supervision for a misdemeanor
18		violation of subsection (a) of Section 11-503 of
19		the Illinois Vehicle Code or a similar provision
20		of a local ordinance, that occurred prior to the
21		offender reaching the age of 25 years and the
22		offender has no other conviction for violating
23		Section 11-501 or 11-503 of the Illinois Vehicle
24		Code or a similar provision of a local ordinance
25		shall not be eligible for expungement until the
26		petitioner has reached the age of 25 years.

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1		(ii) Those arrests or charges that resulted in
2		orders of supervision for any other offenses shall
3		not be eligible for expungement until 2 years have
4		passed following the satisfactory termination of
5		the supervision.
6		(C) When the arrest or charge not initiated by
7		arrest sought to be expunged resulted in an order of
8		qualified probation, successfully completed by the
9		petitioner, such records shall not be eligible for
10		expungement until 5 years have passed following the
11		satisfactory termination of the probation.
12		(3) Those records maintained by the Department for
13		persons arrested prior to their 17th birthday shall be
14		expunged as provided in Section 5-915 of the Juvenile
15		Court Act of 1987.
16		(4) Whenever a person has been arrested for or
17		convicted of any offense, in the name of a person whose
18		identity he or she has stolen or otherwise come into
19		possession of, the aggrieved person from whom the identity
20		was stolen or otherwise obtained without authorization,
21		upon learning of the person having been arrested using his
22		or her identity, may, upon verified petition to the chief
23		judge of the circuit wherein the arrest was made, have a
24		court order entered nunc pro tunc by the Chief Judge to
25		correct the arrest record, conviction record, if any, and
26		all official records of the arresting authority, the

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1		Department, other criminal justice agencies, the
2		prosecutor, and the trial court concerning such arrest, if
3		any, by removing his or her name from all such records in
4		connection with the arrest and conviction, if any, and by
5		inserting in the records the name of the offender, if
6		known or ascertainable, in lieu of the aggrieved's name.
7		The records of the circuit court clerk shall be sealed
8		until further order of the court upon good cause shown and
9		the name of the aggrieved person obliterated on the
10		official index required to be kept by the circuit court
11		clerk under Section 16 of the Clerks of Courts Act, but the
12		order shall not affect any index issued by the circuit
13		court clerk before the entry of the order. Nothing in this
14		Section shall limit the Department of State Police or
15		other criminal justice agencies or prosecutors from
16		listing under an offender's name the false names he or she
17		has used.
18		(5) Whenever a person has been convicted of criminal
19		sexual assault, aggravated criminal sexual assault,
20		predatory criminal sexual assault of a child, criminal
21		sexual abuse, or aggravated criminal sexual abuse, the
22		victim of that offense may request that the State's
23		Attorney of the county in which the conviction occurred
24		file a verified petition with the presiding trial judge at
25		the petitioner's trial to have a court order entered to
26		seal the records of the circuit court clerk in connection

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1		with the proceedings of the trial court concerning that
2		offense. However, the records of the arresting authority
3		and the Department of State Police concerning the offense
4		shall not be sealed. The court, upon good cause shown,
5		shall make the records of the circuit court clerk in
6		connection with the proceedings of the trial court
7		concerning the offense available for public inspection.
8		(6) If a conviction has been set aside on direct
9		review or on collateral attack and the court determines by
10		clear and convincing evidence that the petitioner was
11		factually innocent of the charge, the court that finds the
12		petitioner factually innocent of the charge shall enter an
13		expungement order for the conviction for which the
14		petitioner has been determined to be innocent as provided
15		in subsection (b) of Section 5-5-4 of the Unified Code of
16		Corrections.
17		(7) Nothing in this Section shall prevent the
18		Department of State Police from maintaining all records of
19		any person who is admitted to probation upon terms and
20		conditions and who fulfills those terms and conditions
21		pursuant to Section 10 of the Cannabis Control Act,
22		Section 410 of the Illinois Controlled Substances Act,
23		Section 70 of the Methamphetamine Control and Community
24		Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified
25		Code of Corrections, Section 12-4.3 or subdivision (b)(1)
26		of Section 12-3.05 of the Criminal Code of 1961 or the

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1		Criminal Code of 2012, Section 10-102 of the Illinois
2		Alcoholism and Other Drug Dependency Act, Section 40-10 of
3		the Substance Use Disorder Act, or Section 10 of the
4		Steroid Control Act.
5		(8) If the petitioner has been granted a certificate
6		of innocence under Section 2-702 of the Code of Civil
7		Procedure, the court that grants the certificate of
8		innocence shall also enter an order expunging the
9		conviction for which the petitioner has been determined to
10		be innocent as provided in subsection (h) of Section 2-702
11		of the Code of Civil Procedure.
12		(c) Sealing.
13		(1) Applicability. Notwithstanding any other provision
14		of this Act to the contrary, and cumulative with any
15		rights to expungement of criminal records, this subsection
16		authorizes the sealing of criminal records of adults and
17		of minors prosecuted as adults. Subsection (g) of this
18		Section provides for immediate sealing of certain records.
19		(2) Eligible Records. The following records may be
20		sealed:
21		(A) All arrests resulting in release without
22		charging;
23		(B) Arrests or charges not initiated by arrest
24		resulting in acquittal, dismissal, or conviction when
25		the conviction was reversed or vacated, except as
26		excluded by subsection (a)(3)(B);

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1		(C) Arrests or charges not initiated by arrest
2		resulting in orders of supervision, including orders
3		of supervision for municipal ordinance violations,
4		successfully completed by the petitioner, unless
5		excluded by subsection (a)(3);
6		(D) Arrests or charges not initiated by arrest
7		resulting in convictions, including convictions on
8		municipal ordinance violations, unless excluded by
9		subsection (a)(3);
10		(E) Arrests or charges not initiated by arrest
11		resulting in orders of first offender probation under
12		Section 10 of the Cannabis Control Act, Section 410 of
13		the Illinois Controlled Substances Act, Section 70 of
14		the Methamphetamine Control and Community Protection
15		Act, or Section 5-6-3.3 of the Unified Code of
16		Corrections; and
17		(F) Arrests or charges not initiated by arrest
18		resulting in felony convictions unless otherwise
19		excluded by subsection (a) paragraph (3) of this
20		Section.
21		(3) When Records Are Eligible to Be Sealed. Records
22		identified as eligible under subsection (c)(2) may be
23		sealed as follows:
24		(A) Records identified as eligible under
25		subsection (c)(2)(A) and (c)(2)(B) may be sealed at
26		any time.

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1		(B) Except as otherwise provided in subparagraph
2		(E) of this paragraph (3), records identified as
3		eligible under subsection (c)(2)(C) may be sealed 2
4		years after the termination of petitioner's last
5		sentence (as defined in subsection (a)(1)(F)).
6		(C) Except as otherwise provided in subparagraph
7		(E) of this paragraph (3), records identified as
8		eligible under subsections (c)(2)(D), (c)(2)(E), and
9		(c)(2)(F) may be sealed 3 years after the termination
10		of the petitioner's last sentence (as defined in
11		subsection (a)(1)(F)). Convictions requiring public
12		registration under the Arsonist Registration Act, the
13		Sex Offender Registration Act, or the Murderer and
14		Violent Offender Against Youth Registration Act may
15		not be sealed until the petitioner is no longer
16		required to register under that relevant Act.
17		(D) Records identified in subsection
18		(a)(3)(A)(iii) may be sealed after the petitioner has
19		reached the age of 25 years.
20		(E) Records identified as eligible under
21		subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
22		(c)(2)(F) may be sealed upon termination of the
23		petitioner's last sentence if the petitioner earned a
24		high school diploma, associate's degree, career
25		certificate, vocational technical certification, or
26		bachelor's degree, or passed the high school level

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1		Test of General Educational Development, during the
2		period of his or her sentence or mandatory supervised
3		release. This subparagraph shall apply only to a
4		petitioner who has not completed the same educational
5		goal prior to the period of his or her sentence or
6		mandatory supervised release. If a petition for
7		sealing eligible records filed under this subparagraph
8		is denied by the court, the time periods under
9		subparagraph (B) or (C) shall apply to any subsequent
10		petition for sealing filed by the petitioner.
11		(4) Subsequent felony convictions. A person may not
12		have subsequent felony conviction records sealed as
13		provided in this subsection (c) if he or she is convicted
14		of any felony offense after the date of the sealing of
15		prior felony convictions as provided in this subsection
16		(c). The court may, upon conviction for a subsequent
17		felony offense, order the unsealing of prior felony
18		conviction records previously ordered sealed by the court.
19		(5) Notice of eligibility for sealing. Upon entry of a
20		disposition for an eligible record under this subsection
21		(c), the petitioner shall be informed by the court of the
22		right to have the records sealed and the procedures for
23		the sealing of the records.
24		(d) Procedure. The following procedures apply to
25		expungement under subsections (b), (e), and (e-6) and sealing
26		under subsections (c) and (e-5):

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1		(1) Filing the petition. Upon becoming eligible to
2		petition for the expungement or sealing of records under
3		this Section, the petitioner shall file a petition
4		requesting the expungement or sealing of records with the
5		clerk of the court where the arrests occurred or the
6		charges were brought, or both. If arrests occurred or
7		charges were brought in multiple jurisdictions, a petition
8		must be filed in each such jurisdiction. The petitioner
9		shall pay the applicable fee, except no fee shall be
10		required if the petitioner has obtained a court order
11		waiving fees under Supreme Court Rule 298 or it is
12		otherwise waived.
13		(1.5) County fee waiver pilot program. From August 9,
14		2019 (the effective date of Public Act 101-306) through
15		December 31, 2020, in a county of 3,000,000 or more
16		inhabitants, no fee shall be required to be paid by a
17		petitioner if the records sought to be expunged or sealed
18		were arrests resulting in release without charging or
19		arrests or charges not initiated by arrest resulting in
20		acquittal, dismissal, or conviction when the conviction
21		was reversed or vacated, unless excluded by subsection
22		(a)(3)(B). The provisions of this paragraph (1.5), other
23		than this sentence, are inoperative on and after January
24		1, 2022.
25		(2) Contents of petition. The petition shall be
26		verified and shall contain the petitioner's name, date of

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1		birth, current address and, for each arrest or charge not
2		initiated by arrest sought to be sealed or expunged, the
3		case number, the date of arrest (if any), the identity of
4		the arresting authority, and such other information as the
5		court may require. During the pendency of the proceeding,
6		the petitioner shall promptly notify the circuit court
7		clerk of any change of his or her address. If the
8		petitioner has received a certificate of eligibility for
9		sealing from the Prisoner Review Board under paragraph
10		(10) of subsection (a) of Section 3-3-2 of the Unified
11		Code of Corrections, the certificate shall be attached to
12		the petition.
13		(3) Drug test. The petitioner must attach to the
14		petition proof that the petitioner has passed a test taken
15		within 30 days before the filing of the petition showing
16		the absence within his or her body of all illegal
17		substances as defined by the Illinois Controlled
18		Substances Act, the Methamphetamine Control and Community
19		Protection Act, and the Cannabis Control Act if he or she
20		is petitioning to:
21		(A) seal felony records under clause (c)(2)(E);
22		(B) seal felony records for a violation of the
23		Illinois Controlled Substances Act, the
24		Methamphetamine Control and Community Protection Act,
25		or the Cannabis Control Act under clause (c)(2)(F);
26		(C) seal felony records under subsection (e-5); or

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1		(D) expunge felony records of a qualified
2		probation under clause (b)(1)(iv).
3		(4) Service of petition. The circuit court clerk shall
4		promptly serve a copy of the petition and documentation to
5		support the petition under subsection (e-5) or (e-6) on
6		the State's Attorney or prosecutor charged with the duty
7		of prosecuting the offense, the Department of State
8		Police, the arresting agency and the chief legal officer
9		of the unit of local government effecting the arrest.
10		(5) Objections.
11		(A) Any party entitled to notice of the petition
12		may file an objection to the petition. All objections
13		shall be in writing, shall be filed with the circuit
14		court clerk, and shall state with specificity the
15		basis of the objection. Whenever a person who has been
16		convicted of an offense is granted a pardon by the
17		Governor which specifically authorizes expungement, an
18		objection to the petition may not be filed.
19		(B) Objections to a petition to expunge or seal
20		must be filed within 60 days of the date of service of
21		the petition.
22		(6) Entry of order.
23		(A) The Chief Judge of the circuit wherein the
24		charge was brought, any judge of that circuit
25		designated by the Chief Judge, or in counties of less
26		than 3,000,000 inhabitants, the presiding trial judge

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1		at the petitioner's trial, if any, shall rule on the
2		petition to expunge or seal as set forth in this
3		subsection (d)(6).
4		(B) Unless the State's Attorney or prosecutor, the
5		Department of State Police, the arresting agency, or
6		the chief legal officer files an objection to the
7		petition to expunge or seal within 60 days from the
8		date of service of the petition, the court shall enter
9		an order granting or denying the petition.
10		(C) Notwithstanding any other provision of law,
11		the court shall not deny a petition for sealing under
12		this Section because the petitioner has not satisfied
13		an outstanding legal financial obligation established,
14		imposed, or originated by a court, law enforcement
15		agency, or a municipal, State, county, or other unit
16		of local government, including, but not limited to,
17		any cost, assessment, fine, or fee. An outstanding
18		legal financial obligation does not include any court
19		ordered restitution to a victim under Section 5-5-6 of
20		the Unified Code of Corrections, unless the
21		restitution has been converted to a civil judgment.
22		Nothing in this subparagraph (C) waives, rescinds, or
23		abrogates a legal financial obligation or otherwise
24		eliminates or affects the right of the holder of any
25		financial obligation to pursue collection under
26		applicable federal, State, or local law.

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1		(7) Hearings. If an objection is filed, the court
2		shall set a date for a hearing and notify the petitioner
3		and all parties entitled to notice of the petition of the
4		hearing date at least 30 days prior to the hearing. Prior
5		to the hearing, the State's Attorney shall consult with
6		the Department as to the appropriateness of the relief
7		sought in the petition to expunge or seal. At the hearing,
8		the court shall hear evidence on whether the petition
9		should or should not be granted, and shall grant or deny
10		the petition to expunge or seal the records based on the
11		evidence presented at the hearing. The court may consider
12		the following:
13		(A) the strength of the evidence supporting the
14		defendant's conviction;
15		(B) the reasons for retention of the conviction
16		records by the State;
17		(C) the petitioner's age, criminal record history,
18		and employment history;
19		(D) the period of time between the petitioner's
20		arrest on the charge resulting in the conviction and
21		the filing of the petition under this Section; and
22		(E) the specific adverse consequences the
23		petitioner may be subject to if the petition is
24		denied.
25		(8) Service of order. After entering an order to
26		expunge or seal records, the court must provide copies of

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1		the order to the Department, in a form and manner
2		prescribed by the Department, to the petitioner, to the
3		State's Attorney or prosecutor charged with the duty of
4		prosecuting the offense, to the arresting agency, to the
5		chief legal officer of the unit of local government
6		effecting the arrest, and to such other criminal justice
7		agencies as may be ordered by the court.
8		(9) Implementation of order.
9		(A) Upon entry of an order to expunge records
10		pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
11		(i) the records shall be expunged (as defined
12		in subsection (a)(1)(E)) by the arresting agency,
13		the Department, and any other agency as ordered by
14		the court, within 60 days of the date of service of
15		the order, unless a motion to vacate, modify, or
16		reconsider the order is filed pursuant to
17		paragraph (12) of subsection (d) of this Section;
18		(ii) the records of the circuit court clerk
19		shall be impounded until further order of the
20		court upon good cause shown and the name of the
21		petitioner obliterated on the official index
22		required to be kept by the circuit court clerk
23		under Section 16 of the Clerks of Courts Act, but
24		the order shall not affect any index issued by the
25		circuit court clerk before the entry of the order;
26		and

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1		(iii) in response to an inquiry for expunged
2		records, the court, the Department, or the agency
3		receiving such inquiry, shall reply as it does in
4		response to inquiries when no records ever
5		existed.
6		(B) Upon entry of an order to expunge records
7		pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
8		(i) the records shall be expunged (as defined
9		in subsection (a)(1)(E)) by the arresting agency
10		and any other agency as ordered by the court,
11		within 60 days of the date of service of the order,
12		unless a motion to vacate, modify, or reconsider
13		the order is filed pursuant to paragraph (12) of
14		subsection (d) of this Section;
15		(ii) the records of the circuit court clerk
16		shall be impounded until further order of the
17		court upon good cause shown and the name of the
18		petitioner obliterated on the official index
19		required to be kept by the circuit court clerk
20		under Section 16 of the Clerks of Courts Act, but
21		the order shall not affect any index issued by the
22		circuit court clerk before the entry of the order;
23		(iii) the records shall be impounded by the
24		Department within 60 days of the date of service
25		of the order as ordered by the court, unless a
26		motion to vacate, modify, or reconsider the order

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1		is filed pursuant to paragraph (12) of subsection
2		(d) of this Section;
3		(iv) records impounded by the Department may
4		be disseminated by the Department only as required
5		by law or to the arresting authority, the State's
6		Attorney, and the court upon a later arrest for
7		the same or a similar offense or for the purpose of
8		sentencing for any subsequent felony, and to the
9		Department of Corrections upon conviction for any
10		offense; and
11		(v) in response to an inquiry for such records
12		from anyone not authorized by law to access such
13		records, the court, the Department, or the agency
14		receiving such inquiry shall reply as it does in
15		response to inquiries when no records ever
16		existed.
17		(B-5) Upon entry of an order to expunge records
18		under subsection (e-6):
19		(i) the records shall be expunged (as defined
20		in subsection (a)(1)(E)) by the arresting agency
21		and any other agency as ordered by the court,
22		within 60 days of the date of service of the order,
23		unless a motion to vacate, modify, or reconsider
24		the order is filed under paragraph (12) of
25		subsection (d) of this Section;
26		(ii) the records of the circuit court clerk

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1		shall be impounded until further order of the
2		court upon good cause shown and the name of the
3		petitioner obliterated on the official index
4		required to be kept by the circuit court clerk
5		under Section 16 of the Clerks of Courts Act, but
6		the order shall not affect any index issued by the
7		circuit court clerk before the entry of the order;
8		(iii) the records shall be impounded by the
9		Department within 60 days of the date of service
10		of the order as ordered by the court, unless a
11		motion to vacate, modify, or reconsider the order
12		is filed under paragraph (12) of subsection (d) of
13		this Section;
14		(iv) records impounded by the Department may
15		be disseminated by the Department only as required
16		by law or to the arresting authority, the State's
17		Attorney, and the court upon a later arrest for
18		the same or a similar offense or for the purpose of
19		sentencing for any subsequent felony, and to the
20		Department of Corrections upon conviction for any
21		offense; and
22		(v) in response to an inquiry for these
23		records from anyone not authorized by law to
24		access the records, the court, the Department, or
25		the agency receiving the inquiry shall reply as it
26		does in response to inquiries when no records ever

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1		existed.
2		(C) Upon entry of an order to seal records under
3		subsection (c), the arresting agency, any other agency
4		as ordered by the court, the Department, and the court
5		shall seal the records (as defined in subsection
6		(a)(1)(K)). In response to an inquiry for such
7		records, from anyone not authorized by law to access
8		such records, the court, the Department, or the agency
9		receiving such inquiry shall reply as it does in
10		response to inquiries when no records ever existed.
11		(D) The Department shall send written notice to
12		the petitioner of its compliance with each order to
13		expunge or seal records within 60 days of the date of
14		service of that order or, if a motion to vacate,
15		modify, or reconsider is filed, within 60 days of
16		service of the order resolving the motion, if that
17		order requires the Department to expunge or seal
18		records. In the event of an appeal from the circuit
19		court order, the Department shall send written notice
20		to the petitioner of its compliance with an Appellate
21		Court or Supreme Court judgment to expunge or seal
22		records within 60 days of the issuance of the court's
23		mandate. The notice is not required while any motion
24		to vacate, modify, or reconsider, or any appeal or
25		petition for discretionary appellate review, is
26		pending.

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1		(E) Upon motion, the court may order that a sealed
2		judgment or other court record necessary to
3		demonstrate the amount of any legal financial
4		obligation due and owing be made available for the
5		limited purpose of collecting any legal financial
6		obligations owed by the petitioner that were
7		established, imposed, or originated in the criminal
8		proceeding for which those records have been sealed.
9		The records made available under this subparagraph (E)
10		shall not be entered into the official index required
11		to be kept by the circuit court clerk under Section 16
12		of the Clerks of Courts Act and shall be immediately
13		re-impounded upon the collection of the outstanding
14		financial obligations.
15		(F) Notwithstanding any other provision of this
16		Section, a circuit court clerk may access a sealed
17		record for the limited purpose of collecting payment
18		for any legal financial obligations that were
19		established, imposed, or originated in the criminal
20		proceedings for which those records have been sealed.
21		(10) Fees. The Department may charge the petitioner a
22		fee equivalent to the cost of processing any order to
23		expunge or seal records. Notwithstanding any provision of
24		the Clerks of Courts Act to the contrary, the circuit
25		court clerk may charge a fee equivalent to the cost
26		associated with the sealing or expungement of records by

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1		the circuit court clerk. From the total filing fee
2		collected for the petition to seal or expunge, the circuit
3		court clerk shall deposit $10 into the Circuit Court Clerk
4		Operation and Administrative Fund, to be used to offset
5		the costs incurred by the circuit court clerk in
6		performing the additional duties required to serve the
7		petition to seal or expunge on all parties. The circuit
8		court clerk shall collect and forward the Department of
9		State Police portion of the fee to the Department and it
10		shall be deposited in the State Police Services Fund. If
11		the record brought under an expungement petition was
12		previously sealed under this Section, the fee for the
13		expungement petition for that same record shall be waived.
14		(11) Final Order. No court order issued under the
15		expungement or sealing provisions of this Section shall
16		become final for purposes of appeal until 30 days after
17		service of the order on the petitioner and all parties
18		entitled to notice of the petition.
19		(12) Motion to Vacate, Modify, or Reconsider. Under
20		Section 2-1203 of the Code of Civil Procedure, the
21		petitioner or any party entitled to notice may file a
22		motion to vacate, modify, or reconsider the order granting
23		or denying the petition to expunge or seal within 60 days
24		of service of the order. If filed more than 60 days after
25		service of the order, a petition to vacate, modify, or
26		reconsider shall comply with subsection (c) of Section

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1		2-1401 of the Code of Civil Procedure. Upon filing of a
2		motion to vacate, modify, or reconsider, notice of the
3		motion shall be served upon the petitioner and all parties
4		entitled to notice of the petition.
5		(13) Effect of Order. An order granting a petition
6		under the expungement or sealing provisions of this
7		Section shall not be considered void because it fails to
8		comply with the provisions of this Section or because of
9		any error asserted in a motion to vacate, modify, or
10		reconsider. The circuit court retains jurisdiction to
11		determine whether the order is voidable and to vacate,
12		modify, or reconsider its terms based on a motion filed
13		under paragraph (12) of this subsection (d).
14		(14) Compliance with Order Granting Petition to Seal
15		Records. Unless a court has entered a stay of an order
16		granting a petition to seal, all parties entitled to
17		notice of the petition must fully comply with the terms of
18		the order within 60 days of service of the order even if a
19		party is seeking relief from the order through a motion
20		filed under paragraph (12) of this subsection (d) or is
21		appealing the order.
22		(15) Compliance with Order Granting Petition to
23		Expunge Records. While a party is seeking relief from the
24		order granting the petition to expunge through a motion
25		filed under paragraph (12) of this subsection (d) or is
26		appealing the order, and unless a court has entered a stay

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1		of that order, the parties entitled to notice of the
2		petition must seal, but need not expunge, the records
3		until there is a final order on the motion for relief or,
4		in the case of an appeal, the issuance of that court's
5		mandate.
6		(16) The changes to this subsection (d) made by Public
7		Act 98-163 apply to all petitions pending on August 5,
8		2013 (the effective date of Public Act 98-163) and to all
9		orders ruling on a petition to expunge or seal on or after
10		August 5, 2013 (the effective date of Public Act 98-163).
11		(e) Whenever a person who has been convicted of an offense
12		is granted a pardon by the Governor which specifically
13		authorizes expungement, he or she may, upon verified petition
14		to the Chief Judge of the circuit where the person had been
15		convicted, any judge of the circuit designated by the Chief
16		Judge, or in counties of less than 3,000,000 inhabitants, the
17		presiding trial judge at the defendant's trial, have a court
18		order entered expunging the record of arrest from the official
19		records of the arresting authority and order that the records
20		of the circuit court clerk and the Department be sealed until
21		further order of the court upon good cause shown or as
22		otherwise provided herein, and the name of the defendant
23		obliterated from the official index requested to be kept by
24		the circuit court clerk under Section 16 of the Clerks of
25		Courts Act in connection with the arrest and conviction for
26		the offense for which he or she had been pardoned but the order

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1		shall not affect any index issued by the circuit court clerk
2		before the entry of the order. All records sealed by the
3		Department may be disseminated by the Department only to the
4		arresting authority, the State's Attorney, and the court upon
5		a later arrest for the same or similar offense or for the
6		purpose of sentencing for any subsequent felony. Upon
7		conviction for any subsequent offense, the Department of
8		Corrections shall have access to all sealed records of the
9		Department pertaining to that individual. Upon entry of the
10		order of expungement, the circuit court clerk shall promptly
11		mail a copy of the order to the person who was pardoned.
12		(e-5) Whenever a person who has been convicted of an
13		offense is granted a certificate of eligibility for sealing by
14		the Prisoner Review Board which specifically authorizes
15		sealing, he or she may, upon verified petition to the Chief
16		Judge of the circuit where the person had been convicted, any
17		judge of the circuit designated by the Chief Judge, or in
18		counties of less than 3,000,000 inhabitants, the presiding
19		trial judge at the petitioner's trial, have a court order
20		entered sealing the record of arrest from the official records
21		of the arresting authority and order that the records of the
22		circuit court clerk and the Department be sealed until further
23		order of the court upon good cause shown or as otherwise
24		provided herein, and the name of the petitioner obliterated
25		from the official index requested to be kept by the circuit
26		court clerk under Section 16 of the Clerks of Courts Act in

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1		connection with the arrest and conviction for the offense for
2		which he or she had been granted the certificate but the order
3		shall not affect any index issued by the circuit court clerk
4		before the entry of the order. All records sealed by the
5		Department may be disseminated by the Department only as
6		required by this Act or to the arresting authority, a law
7		enforcement agency, the State's Attorney, and the court upon a
8		later arrest for the same or similar offense or for the purpose
9		of sentencing for any subsequent felony. Upon conviction for
10		any subsequent offense, the Department of Corrections shall
11		have access to all sealed records of the Department pertaining
12		to that individual. Upon entry of the order of sealing, the
13		circuit court clerk shall promptly mail a copy of the order to
14		the person who was granted the certificate of eligibility for
15		sealing.
16		(e-6) Whenever a person who has been convicted of an
17		offense is granted a certificate of eligibility for
18		expungement by the Prisoner Review Board which specifically
19		authorizes expungement, he or she may, upon verified petition
20		to the Chief Judge of the circuit where the person had been
21		convicted, any judge of the circuit designated by the Chief
22		Judge, or in counties of less than 3,000,000 inhabitants, the
23		presiding trial judge at the petitioner's trial, have a court
24		order entered expunging the record of arrest from the official
25		records of the arresting authority and order that the records
26		of the circuit court clerk and the Department be sealed until

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1		further order of the court upon good cause shown or as
2		otherwise provided herein, and the name of the petitioner
3		obliterated from the official index requested to be kept by
4		the circuit court clerk under Section 16 of the Clerks of
5		Courts Act in connection with the arrest and conviction for
6		the offense for which he or she had been granted the
7		certificate but the order shall not affect any index issued by
8		the circuit court clerk before the entry of the order. All
9		records sealed by the Department may be disseminated by the
10		Department only as required by this Act or to the arresting
11		authority, a law enforcement agency, the State's Attorney, and
12		the court upon a later arrest for the same or similar offense
13		or for the purpose of sentencing for any subsequent felony.
14		Upon conviction for any subsequent offense, the Department of
15		Corrections shall have access to all expunged records of the
16		Department pertaining to that individual. Upon entry of the
17		order of expungement, the circuit court clerk shall promptly
18		mail a copy of the order to the person who was granted the
19		certificate of eligibility for expungement.
20		(f) Subject to available funding, the Illinois Department
21		of Corrections shall conduct a study of the impact of sealing,
22		especially on employment and recidivism rates, utilizing a
23		random sample of those who apply for the sealing of their
24		criminal records under Public Act 93-211. At the request of
25		the Illinois Department of Corrections, records of the
26		Illinois Department of Employment Security shall be utilized

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1		as appropriate to assist in the study. The study shall not
2		disclose any data in a manner that would allow the
3		identification of any particular individual or employing unit.
4		The study shall be made available to the General Assembly no
5		later than September 1, 2010.
6		(g) Immediate Sealing.
7		(1) Applicability. Notwithstanding any other provision
8		of this Act to the contrary, and cumulative with any
9		rights to expungement or sealing of criminal records, this
10		subsection authorizes the immediate sealing of criminal
11		records of adults and of minors prosecuted as adults.
12		(2) Eligible Records. Arrests or charges not initiated
13		by arrest resulting in acquittal or dismissal with
14		prejudice, except as excluded by subsection (a)(3)(B),
15		that occur on or after January 1, 2018 (the effective date
16		of Public Act 100-282), may be sealed immediately if the
17		petition is filed with the circuit court clerk on the same
18		day and during the same hearing in which the case is
19		disposed.
20		(3) When Records are Eligible to be Immediately
21		Sealed. Eligible records under paragraph (2) of this
22		subsection (g) may be sealed immediately after entry of
23		the final disposition of a case, notwithstanding the
24		disposition of other charges in the same case.
25		(4) Notice of Eligibility for Immediate Sealing. Upon
26		entry of a disposition for an eligible record under this

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1		subsection (g), the defendant shall be informed by the
2		court of his or her right to have eligible records
3		immediately sealed and the procedure for the immediate
4		sealing of these records.
5		(5) Procedure. The following procedures apply to
6		immediate sealing under this subsection (g).
7		(A) Filing the Petition. Upon entry of the final
8		disposition of the case, the defendant's attorney may
9		immediately petition the court, on behalf of the
10		defendant, for immediate sealing of eligible records
11		under paragraph (2) of this subsection (g) that are
12		entered on or after January 1, 2018 (the effective
13		date of Public Act 100-282). The immediate sealing
14		petition may be filed with the circuit court clerk
15		during the hearing in which the final disposition of
16		the case is entered. If the defendant's attorney does
17		not file the petition for immediate sealing during the
18		hearing, the defendant may file a petition for sealing
19		at any time as authorized under subsection (c)(3)(A).
20		(B) Contents of Petition. The immediate sealing
21		petition shall be verified and shall contain the
22		petitioner's name, date of birth, current address, and
23		for each eligible record, the case number, the date of
24		arrest if applicable, the identity of the arresting
25		authority if applicable, and other information as the
26		court may require.

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

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1		subsection (g) shall become final for purposes of
2		appeal until 30 days after service of the order on the
3		petitioner and all parties entitled to service of the
4		order in conformance with subsection (d)(8).
5		(K) Motion to Vacate, Modify, or Reconsider. Under
6		Section 2-1203 of the Code of Civil Procedure, the
7		petitioner, State's Attorney, or the Department of
8		State Police may file a motion to vacate, modify, or
9		reconsider the order denying the petition to
10		immediately seal within 60 days of service of the
11		order. If filed more than 60 days after service of the
12		order, a petition to vacate, modify, or reconsider
13		shall comply with subsection (c) of Section 2-1401 of
14		the Code of Civil Procedure.
15		(L) Effect of Order. An order granting an
16		immediate sealing petition shall not be considered
17		void because it fails to comply with the provisions of
18		this Section or because of an error asserted in a
19		motion to vacate, modify, or reconsider. The circuit
20		court retains jurisdiction to determine whether the
21		order is voidable, and to vacate, modify, or
22		reconsider its terms based on a motion filed under
23		subparagraph (L) of this subsection (g).
24		(M) Compliance with Order Granting Petition to
25		Seal Records. Unless a court has entered a stay of an
26		order granting a petition to immediately seal, all

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1		parties entitled to service of the order must fully
2		comply with the terms of the order within 60 days of
3		service of the order.
4		(h) Sealing; trafficking victims.
5		(1) A trafficking victim as defined by paragraph (10)
6		of subsection (a) of Section 10-9 of the Criminal Code of
7		2012 shall be eligible to petition for immediate sealing
8		of his or her criminal record upon the completion of his or
9		her last sentence if his or her participation in the
10		underlying offense was a direct result of human
11		trafficking under Section 10-9 of the Criminal Code of
12		2012 or a severe form of trafficking under the federal
13		Trafficking Victims Protection Act.
14		(2) A petitioner under this subsection (h), in
15		addition to the requirements provided under paragraph (4)
16		of subsection (d) of this Section, shall include in his or
17		her petition a clear and concise statement that: (A) he or
18		she was a victim of human trafficking at the time of the
19		offense; and (B) that his or her participation in the
20		offense was a direct result of human trafficking under
21		Section 10-9 of the Criminal Code of 2012 or a severe form
22		of trafficking under the federal Trafficking Victims
23		Protection Act.
24		(3) If an objection is filed alleging that the
25		petitioner is not entitled to immediate sealing under this
26		subsection (h), the court shall conduct a hearing under

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1		paragraph (7) of subsection (d) of this Section and the
2		court shall determine whether the petitioner is entitled
3		to immediate sealing under this subsection (h). A
4		petitioner is eligible for immediate relief under this
5		subsection (h) if he or she shows, by a preponderance of
6		the evidence, that: (A) he or she was a victim of human
7		trafficking at the time of the offense; and (B) that his or
8		her participation in the offense was a direct result of
9		human trafficking under Section 10-9 of the Criminal Code
10		of 2012 or a severe form of trafficking under the federal
11		Trafficking Victims Protection Act.
12		(i) Minor Cannabis Offenses under the Cannabis Control
13		Act.
14		(1) Expungement of Arrest Records of Minor Cannabis
15		Offenses.
16		(A) The Department of State Police and all law
17		enforcement agencies within the State shall
18		automatically expunge all criminal history records of
19		an arrest, charge not initiated by arrest, order of
20		supervision, or order of qualified probation for a
21		Minor Cannabis Offense committed prior to June 25,
22		2019 (the effective date of Public Act 101-27) if:
23		(i) One year or more has elapsed since the
24		date of the arrest or law enforcement interaction
25		documented in the records; and
26		(ii) No criminal charges were filed relating

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1		to the arrest or law enforcement interaction or
2		criminal charges were filed and subsequently
3		dismissed or vacated or the arrestee was
4		acquitted.
5		(B) If the law enforcement agency is unable to
6		verify satisfaction of condition (ii) in paragraph
7		(A), records that satisfy condition (i) in paragraph
8		(A) shall be automatically expunged.
9		(C) Records shall be expunged by the law
10		enforcement agency under the following timelines:
11		(i) Records created prior to June 25, 2019
12		(the effective date of Public Act 101-27), but on
13		or after January 1, 2013, shall be automatically
14		expunged prior to January 1, 2021;
15		(ii) Records created prior to January 1, 2013,
16		but on or after January 1, 2000, shall be
17		automatically expunged prior to January 1, 2023;
18		(iii) Records created prior to January 1, 2000
19		shall be automatically expunged prior to January
20		1, 2025.
21		In response to an inquiry for expunged records,
22		the law enforcement agency receiving such inquiry
23		shall reply as it does in response to inquiries when no
24		records ever existed; however, it shall provide a
25		certificate of disposition or confirmation that the
26		record was expunged to the individual whose record was

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1		expunged if such a record exists.
2		(D) Nothing in this Section shall be construed to
3		restrict or modify an individual's right to have that
4		individual's records expunged except as otherwise may
5		be provided in this Act, or diminish or abrogate any
6		rights or remedies otherwise available to the
7		individual.
8		(2) Pardons Authorizing Expungement of Minor Cannabis
9		Offenses.
10		(A) Upon June 25, 2019 (the effective date of
11		Public Act 101-27), the Department of State Police
12		shall review all criminal history record information
13		and identify all records that meet all of the
14		following criteria:
15		(i) one or more convictions for a Minor
16		Cannabis Offense;
17		(ii) the conviction identified in paragraph
18		(2)(A)(i) did not include a penalty enhancement
19		under Section 7 of the Cannabis Control Act; and
20		(iii) the conviction identified in paragraph
21		(2)(A)(i) is not associated with a conviction for
22		a violent crime as defined in subsection (c) of
23		Section 3 of the Rights of Crime Victims and
24		Witnesses Act.
25		(B) Within 180 days after June 25, 2019 (the
26		effective date of Public Act 101-27), the Department

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1		of State Police shall notify the Prisoner Review Board
2		of all such records that meet the criteria established
3		in paragraph (2)(A).
4		(i) The Prisoner Review Board shall notify the
5		State's Attorney of the county of conviction of
6		each record identified by State Police in
7		paragraph (2)(A) that is classified as a Class 4
8		felony. The State's Attorney may provide a written
9		objection to the Prisoner Review Board on the sole
10		basis that the record identified does not meet the
11		criteria established in paragraph (2)(A). Such an
12		objection must be filed within 60 days or by such
13		later date set by the Prisoner Review Board in the
14		notice after the State's Attorney received notice
15		from the Prisoner Review Board.
16		(ii) In response to a written objection from a
17		State's Attorney, the Prisoner Review Board is
18		authorized to conduct a non-public hearing to
19		evaluate the information provided in the
20		objection.
21		(iii) The Prisoner Review Board shall make a
22		confidential and privileged recommendation to the
23		Governor as to whether to grant a pardon
24		authorizing expungement for each of the records
25		identified by the Department of State Police as
26		described in paragraph (2)(A).

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1		(C) If an individual has been granted a pardon
2		authorizing expungement as described in this Section,
3		the Prisoner Review Board, through the Attorney
4		General, shall file a petition for expungement with
5		the Chief Judge of the circuit or any judge of the
6		circuit designated by the Chief Judge where the
7		individual had been convicted. Such petition may
8		include more than one individual. Whenever an
9		individual who has been convicted of an offense is
10		granted a pardon by the Governor that specifically
11		authorizes expungement, an objection to the petition
12		may not be filed. Petitions to expunge under this
13		subsection (i) may include more than one individual.
14		Within 90 days of the filing of such a petition, the
15		court shall enter an order expunging the records of
16		arrest from the official records of the arresting
17		authority and order that the records of the circuit
18		court clerk and the Department of State Police be
19		expunged and the name of the defendant obliterated
20		from the official index requested to be kept by the
21		circuit court clerk under Section 16 of the Clerks of
22		Courts Act in connection with the arrest and
23		conviction for the offense for which the individual
24		had received a pardon but the order shall not affect
25		any index issued by the circuit court clerk before the
26		entry of the order. Upon entry of the order of

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1		expungement, the circuit court clerk shall promptly
2		provide a copy of the order and a certificate of
3		disposition to the individual who was pardoned to the
4		individual's last known address or by electronic means
5		(if available) or otherwise make it available to the
6		individual upon request.
7		(D) Nothing in this Section is intended to
8		diminish or abrogate any rights or remedies otherwise
9		available to the individual.
10		(3) Any individual may file a motion to vacate and
11		expunge a conviction for a misdemeanor or Class 4 felony
12		violation of Section 4 or Section 5 of the Cannabis
13		Control Act. Motions to vacate and expunge under this
14		subsection (i) may be filed with the circuit court, Chief
15		Judge of a judicial circuit or any judge of the circuit
16		designated by the Chief Judge. The circuit court clerk
17		shall promptly serve a copy of the motion to vacate and
18		expunge, and any supporting documentation, on the State's
19		Attorney or prosecutor charged with the duty of
20		prosecuting the offense. When considering such a motion to
21		vacate and expunge, a court shall consider the following:
22		the reasons to retain the records provided by law
23		enforcement, the petitioner's age, the petitioner's age at
24		the time of offense, the time since the conviction, and
25		the specific adverse consequences if denied. An individual
26		may file such a petition after the completion of any

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1		non-financial sentence or non-financial condition imposed
2		by the conviction. Within 60 days of the filing of such
3		motion, a State's Attorney may file an objection to such a
4		petition along with supporting evidence. If a motion to
5		vacate and expunge is granted, the records shall be
6		expunged in accordance with subparagraphs (d)(8) and
7		(d)(9)(A) of this Section. An agency providing civil legal
8		aid, as defined by Section 15 of the Public Interest
9		Attorney Assistance Act, assisting individuals seeking to
10		file a motion to vacate and expunge under this subsection
11		may file motions to vacate and expunge with the Chief
12		Judge of a judicial circuit or any judge of the circuit
13		designated by the Chief Judge, and the motion may include
14		more than one individual. Motions filed by an agency
15		providing civil legal aid concerning more than one
16		individual may be prepared, presented, and signed
17		electronically.
18		(4) Any State's Attorney may file a motion to vacate
19		and expunge a conviction for a misdemeanor or Class 4
20		felony violation of Section 4 or Section 5 of the Cannabis
21		Control Act. Motions to vacate and expunge under this
22		subsection (i) may be filed with the circuit court, Chief
23		Judge of a judicial circuit or any judge of the circuit
24		designated by the Chief Judge, and may include more than
25		one individual. Motions filed by a State's Attorney
26		concerning more than one individual may be prepared,

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1		presented, and signed electronically. When considering
2		such a motion to vacate and expunge, a court shall
3		consider the following: the reasons to retain the records
4		provided by law enforcement, the individual's age, the
5		individual's age at the time of offense, the time since
6		the conviction, and the specific adverse consequences if
7		denied. Upon entry of an order granting a motion to vacate
8		and expunge records pursuant to this Section, the State's
9		Attorney shall notify the Prisoner Review Board within 30
10		days. Upon entry of the order of expungement, the circuit
11		court clerk shall promptly provide a copy of the order and
12		a certificate of disposition to the individual whose
13		records will be expunged to the individual's last known
14		address or by electronic means (if available) or otherwise
15		make available to the individual upon request. If a motion
16		to vacate and expunge is granted, the records shall be
17		expunged in accordance with subparagraphs (d)(8) and
18		(d)(9)(A) of this Section.
19		(5) In the public interest, the State's Attorney of a
20		county has standing to file motions to vacate and expunge
21		pursuant to this Section in the circuit court with
22		jurisdiction over the underlying conviction.
23		(6) If a person is arrested for a Minor Cannabis
24		Offense as defined in this Section before June 25, 2019
25		(the effective date of Public Act 101-27) and the person's
26		case is still pending but a sentence has not been imposed,

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1		the person may petition the court in which the charges are
2		pending for an order to summarily dismiss those charges
3		against him or her, and expunge all official records of
4		his or her arrest, plea, trial, conviction, incarceration,
5		supervision, or expungement. If the court determines, upon
6		review, that: (A) the person was arrested before June 25,
7		2019 (the effective date of Public Act 101-27) for an
8		offense that has been made eligible for expungement; (B)
9		the case is pending at the time; and (C) the person has not
10		been sentenced of the minor cannabis violation eligible
11		for expungement under this subsection, the court shall
12		consider the following: the reasons to retain the records
13		provided by law enforcement, the petitioner's age, the
14		petitioner's age at the time of offense, the time since
15		the conviction, and the specific adverse consequences if
16		denied. If a motion to dismiss and expunge is granted, the
17		records shall be expunged in accordance with subparagraph
18		(d)(9)(A) of this Section.
19		(7) A person imprisoned solely as a result of one or
20		more convictions for Minor Cannabis Offenses under this
21		subsection (i) shall be released from incarceration upon
22		the issuance of an order under this subsection.
23		(8) The Department of State Police shall allow a
24		person to use the access and review process, established
25		in the Department of State Police, for verifying that his
26		or her records relating to Minor Cannabis Offenses of the

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1		Cannabis Control Act eligible under this Section have been
2		expunged.
3		(9) No conviction vacated pursuant to this Section
4		shall serve as the basis for damages for time unjustly
5		served as provided in the Court of Claims Act.
6		(10) Effect of Expungement. A person's right to
7		expunge an expungeable offense shall not be limited under
8		this Section. The effect of an order of expungement shall
9		be to restore the person to the status he or she occupied
10		before the arrest, charge, or conviction.
11		(11) Information. The Department of State Police shall
12		post general information on its website about the
13		expungement process described in this subsection (i).
14		(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;
15		100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
16		8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
17		eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
18		101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
19		12-4-19; 101-645, eff. 6-26-20; revised 8-18-20.)
20		Section 150. The Department of Transportation Law of the
21		Civil Administrative Code of Illinois is amended by changing
22		Sections 2705-610 and 2705-615 as follows:
23		(20 ILCS 2705/2705-610)
24		Sec. 2705-610. Disadvantaged business revolving loan and

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1		grant program.
2		(a) Purpose. The purpose of this Section is to provide for
3		assistance to disadvantaged business enterprises with project
4		financing costs for those firms that are ready, willing, and
5		able to participate on Department construction contracts. The
6		Department's disparity study recommends and supports a
7		financing program to address this barrier faced by
8		disadvantaged business enterprises.
9		(b) For the purposes of this Section:
10		"Construction" means building, altering, repairing,
11		improving, or demolishing any public structure or building, or
12		making improvements of any kind to public real property.
13		Construction does not include the routine operation, routine
14		repair, or routine maintenance of existing structures,
15		buildings, or real property.
16		"Construction-related services" means those services
17		including construction design, layout, inspection, support,
18		feasibility or location study, research, development,
19		planning, or other investigative study undertaken by a
20		construction agency concerning construction or potential
21		construction.
22		"Contractor" means one who participates, through a
23		contract or subcontract at any tier, in a United States
24		Department of Transportation-assisted or Illinois Department
25		of Transportation-assisted highway, rail, transit, or airport
26		program.

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1		"Escrow account" means a fiduciary account established
2		with (1) a banking corporation which is both organized under
3		the Illinois Banking Act and authorized to accept and
4		administer trusts in this State; or (2) a national banking
5		association which has its principal place of business in this
6		State and which is authorized to accept and administer trusts
7		in this State.
8		"Fund Control Agent" means a person who provides
9		managerial and technical assistance to disadvantaged business
10		enterprises and holds the authority to manage a loan under
11		this Section. The Fund Control Agent will be procured by the
12		Department under a request for proposal process governed by
13		the Illinois Procurement Code and rules adopted under that
14		Code.
15		"Loan" or "loan assistance funds" means a low-interest
16		line of credit made available to a selected disadvantaged
17		business enterprise under this program for the purposes set
18		forth in subsection (f) below.
19		(c) The Department may enter into agreements to make loans
20		to disadvantaged business enterprises certified by the
21		Department for participation on Department-procured
22		construction and construction-related contracts. For purposes
23		of this Section, the term "disadvantaged business enterprise"
24		has the meaning ascribed to it by 49 CFR Part 26.
25		The Department shall establish a loan selection committee
26		to review applications and select eligible disadvantaged

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1		business enterprises for low-interest loans under this
2		program. A selection committee shall be comprised of at least
3		3 members appointed by the Secretary of the Department and
4		shall include at least one public member from the construction
5		or financing industry. The public member may not be employed
6		or associated with any disadvantaged business enterprise
7		holding a contract with the Department nor may the public
8		member's firm be considered for a contract with the Department
9		while he or she is serving as a public member of the committee.
10		Terms of service for public members shall not exceed 5 years.
11		No public member of the loan selection committee shall hold
12		consecutive terms, nor shall any member receive any
13		compensation other than for reasonable expenses for service
14		related to this committee.
15		The Department shall establish through administrative
16		rules the requirements for eligibility and criteria for loan
17		applications, approved use of funds, amount of loans, interest
18		rates, collateral, and terms. The Department is authorized to
19		adopt rules to implement this Section.
20		The Department shall notify the prime contractor on a
21		project that a subcontractor on the same project has been
22		awarded a loan from the Working Capital Revolving Loan Fund.
23		If the loan agreement is amended by the parties of the loan
24		agreement, the prime contractor shall not be a party to any
25		disadvantaged business enterprise loan agreement between the
26		Department and participating subcontractor and shall not incur

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1		any liability for loan debt accrued as a result of the loan
2		agreement.
3		(d) Loan funds shall be disbursed to the escrow account,
4		subject to appropriation, from the Working Capital Revolving
5		Loan Fund established as a special fund in the State treasury.
6		Loaned funds that are repaid to the Department shall be
7		deposited into the Working Capital Revolving Loan Fund. Other
8		appropriations, grants, awards, and donations to the
9		Department for the purpose of the revolving loan program
10		established by this Section shall be deposited into the
11		Working Capital Revolving Loan Fund.
12		(e) A funds control process shall be established to serve
13		as an intermediary between the Department and the contractor
14		to verify payments and to ensure paperwork is properly filed.
15		The Fund Control Agent and contractor shall enter into an
16		agreement regarding the control and disbursement of all
17		payments to be made by the Fund Control Agent under the
18		contract. The Department shall authorize and direct the Fund
19		Control Agent to review all disbursement requests and
20		supporting documents received from the contractor. The Fund
21		Control Agent shall direct the escrow account to disburse
22		escrow funds to the subcontractor, material supplier, and
23		other appropriate entities by written request for the
24		disbursement. The disadvantaged business enterprise shall
25		maintain control over its business operations by directing the
26		payments of the loan funds through its relationship with the

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1		Funds Control Agent. The funds control process shall require
2		the Fund Control Agent to intercept payments made from a
3		contractor to a subcontractor receiving a loan made under this
4		Act and allow the Fund Control Agent to deduct any unpaid loan
5		repayments owed to the State before releasing the payment to
6		the subcontractor.
7		(f) Loan assistance funds shall be allowed for current
8		liabilities or working capital expenses associated with
9		participation in the performance of contracts procured and
10		awarded by the Department for transportation construction and
11		construction-related purposes. Loan funds shall not be used
12		for:
13		(1) refinancing or payment of existing long-term debt;
14		(2) payment of non-current taxes;
15		(3) payments, advances, or loans to stockholders,
16		officers, directors, partners, or member owners of limited
17		liability companies; or
18		(4) the purchase or lease of non-construction motor
19		vehicles or equipment.
20		The loan agreement shall provide for the terms and
21		conditions of repayment which shall not extend repayment
22		longer than final payment made by the Department following
23		completion and acceptance of the work authorized for loan
24		assistance under the program. The funds shall be loaned with
25		interest.
26		(g) The number of loans one disadvantaged business

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1		enterprise may receive under this program is limited to 3.
2		Loans shall not be granted simultaneously. An applicant shall
3		not be permitted to obtain a loan under this program for a
4		different and additional project until payment in full of any
5		outstanding loans granted under this program have been
6		received by the Department.
7		(h) The rate of interest for any loan shall be set by rule.
8		(i) The loan amount to any successful applicant shall not
9		exceed 55% percent of the contract or subcontract supporting
10		the loan.
11		(j) Nothing in this Section shall impair the contractual
12		rights of the Department and the prime contractor or the
13		contractual rights between a prime contractor and
14		subcontractor.
15		(k) Nothing in this Section is intended nor shall be
16		construed to vest applicants denied funds by the Department in
17		accordance with this Section a right to challenge, protest, or
18		contest the awarding of funds by the Department to successful
19		applicants or any loan or agreement executed in connection
20		with it.
21		(l) The debt delinquency prohibition under Section 50-11
22		of the Illinois Procurement Code applies to any future
23		contracts or subcontracts in the event of a loan default.
24		(m) Investment income which is attributable to the
25		investment of moneys in the Working Capital Revolving Loan
26		Fund shall be retained in the Working Capital Revolving Loan

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1		Fund.
2		(n) By January 1, 2014 and January 1 of each succeeding
3		year, the Department shall report to the Governor and the
4		General Assembly on the utilization and status of the
5		revolving loan program. The report shall, at a minimum,
6		include the amount transferred from the Road Fund to the
7		Working Capital Revolving Loan Fund, the number and size of
8		approved loans, the amounts disbursed to and from the escrow
9		account, the amounts, if any, repaid to the Working Capital
10		Revolving Loan Fund, the interest and fees paid by loan
11		recipients, and the interest earned on balances in the Working
12		Capital Revolving Loan Fund, and the names of any contractors
13		who are delinquent or in default of payment. The January 1,
14		2017 report shall include an evaluation of the program by the
15		Department to determine the program's viability and progress
16		towards its stated purpose.
17		(o) The Department's authority to execute additional loans
18		or request transfers to the Working Capital Revolving Loan
19		Fund expires on June 1, 2018. The Comptroller shall order
20		transferred and the Treasurer shall transfer any available
21		balance remaining in the Working Capital Revolving Loan Fund
22		to the Road Fund on January 1, 2019, or as soon thereafter as
23		may be practical. Any loan repayments, interest, or fees that
24		are by the terms of a loan agreement payable to the Working
25		Capital Revolving Loan Fund after June 20, 2018 shall instead
26		be paid into the Road Fund as the successor fund to the Working

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1		Capital Revolving Loan Fund.
2		(Source: P.A. 98-117, eff. 7-30-13; revised 7-16-19.)
3		(20 ILCS 2705/2705-615)
4		Sec. 2705-615. Supplemental funding; Illinois
5		Transportation Enhancement Program.
6		(a) In addition to any other funding that may be provided
7		to the Illinois Transportation Enhancement Program from
8		federal, State, or other sources, including, but not limited
9		to, the Transportation Alternatives Set-Aside of the Surface
10		Transportation Block Grant Program, the Department shall set
11		aside $50,000,000 received by the Department from the Road
12		Fund for the projects in the following categories: pedestrian
13		and bicycle facilities and the conversion of abandoned
14		railroad corridors to trails.
15		(b) Except as provided in subsection (c), funds set aside
16		under subsection (a) shall be administered according to the
17		requirements of the current Guidelines Manual published by the
18		Department for the Illinois Transportation Enhancement
19		Program, including, but not limited to, decision-making by the
20		Department and the applicable Metropolitan Planning
21		Organization and proportional fund distribution according to
22		population size.
23		(c) For projects funded under this Section:
24		(1) local matching funding shall be required according
25		to a sliding scale based on community size, median income,

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1		and total property tax base;
2		(2) Phase I Studies and Phase I Engineering Reports
3		are not required to be completed before application is
4		made; and
5		(3) at least 25% of funding shall be directed towards
6		projects in high-need communities, based on community
7		median income and total property tax base.
8		(d) The Department shall adopt rules necessary to
9		implement this Section.
10		(e) The Department shall adhere to a 2-year funding cycle
11		for the Illinois Transportation Enhancement Program with calls
12		for projects at least every other year.
13		(f) The Department shall make all funded and unfunded the
14		Illinois Transportation Enhancement Program applications
15		publicly available upon completion of each funding cycle,
16		including how each application scored on the program criteria.
17		(Source: P.A. 101-32, eff. 6-28-19; revised 7-24-19.)
18		Section 155. The State Fire Marshal Act is amended by
19		changing Section 3 as follows:
20		(20 ILCS 2905/3) (from Ch. 127 1/2, par. 3)
21		Sec. 3. There is created the Illinois Fire Advisory
22		Commission which shall advise the Office in the exercise of
23		its powers and duties. The Commission shall be appointed by
24		the Governor as follows:

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1		(1) 3 professional, full-time fulltime paid
2		firefighters;
3		(2) one volunteer firefighter;
4		(3) one Fire Protection Engineer who is registered in
5		Illinois;
6		(4) one person who is a representative of the fire
7		insurance Fire Insurance industry in Illinois;
8		(5) one person who is a representative of a registered
9		United States Department of Labor apprenticeship program
10		primarily instructing in the installation and repair of
11		fire extinguishing systems;
12		(6) one a licensed operating or stationary engineer
13		who has an associate degree in facilities engineering
14		technology and has knowledge of the operation and
15		maintenance maintennce of fire alarm and fire
16		extinguishing systems primarily for the life safety of
17		occupants in a variety of commercial or residential
18		structures; and
19		(7) 3 persons with an interest in and knowledgeable
20		about fire prevention methods.
21		In addition, the following shall serve as ex officio
22		members of the Commission: the Chicago Fire Commissioner, or
23		his or her designee; the executive officer, or his or her
24		designee, of each of the following organizations: the Illinois
25		Fire Chiefs Association, the Illinois Fire Protection District
26		Association, the Illinois Fire Inspectors Association, the

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1		Illinois Professional Firefighters Association, the Illinois
2		Firemen's Association, the Associated Firefighters of
3		Illinois, the Illinois Society of Fire Service Instructors,
4		and the Fire Service Institute, University of Illinois.
5		The Governor shall designate, at the time of appointment,
6		3 members to serve terms expiring on the third Monday in
7		January, 1979; 3 members to serve terms expiring the third
8		Monday in January, 1980; and 2 members to serve terms expiring
9		the third Monday in January, 1981. The additional member
10		appointed by the Governor pursuant to Public Act 85-718 this
11		amendatory Act of 1987 shall serve for a term expiring the
12		third Monday in January, 1990. Thereafter, all terms shall be
13		for 3 years. A member shall serve until his or her successor is
14		appointed and qualified. A vacancy shall be filled for the
15		unexpired term.
16		The Governor shall designate one of the appointed members
17		to be chairman of the Commission.
18		Members shall serve without compensation but shall be
19		reimbursed for their actual reasonable expenses incurred in
20		the performance of their duties.
21		(Source: P.A. 101-234, eff. 8-9-19; revised 9-12-19.)
22		Section 160. The Capital Development Board Act is amended
23		by changing Sections 10.09-1 and 12 as follows:
24		(20 ILCS 3105/10.09-1)

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1		Sec. 10.09-1. Certification of inspection.
2		(a) After July 1, 2011, no person may occupy a newly
3		constructed commercial building in a non-building code
4		jurisdiction until:
5		(1) The property owner or his or her agent has first
6		contracted for the inspection of the building by an
7		inspector who meets the qualifications established by the
8		Board; and
9		(2) The qualified inspector files a certification of
10		inspection with the municipality or county having such
11		jurisdiction over the property indicating that the
12		building meets compliance with the building codes adopted
13		by the Board for non-building code jurisdictions based on
14		the following:
15		(A) The current edition or most recent preceding
16		editions of the following codes developed by the
17		International Code Council:
18		(i) International Building Code;
19		(ii) International Existing Building Code; and
20		(B) The current edition or most recent preceding
21		edition of the National Electrical Code NFPA 70.
22		(b) This Section does not apply to any area in a
23		municipality or county having jurisdiction that has registered
24		its adopted building code with the Board as required by
25		Section 55 of the Illinois Building Commission Act.
26		(c) The qualification requirements of this Section do not

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1		apply to building enforcement personnel employed by
2		jurisdictions as defined in subsection (b).
3		(d) For purposes of this Section:
4		"Commercial building" means any building other than a
5		single-family home or a dwelling containing 2 or fewer
6		apartments, condominiums, or townhomes or a farm building as
7		exempted from Section 3 of the Illinois Architecture Practice
8		Act of 1989.
9		"Newly constructed commercial building" means any
10		commercial building for which original construction has
11		commenced on or after July 1, 2011.
12		"Non-building code jurisdiction" means any area of the
13		State not subject to a building code imposed by either a county
14		or municipality.
15		"Qualified inspector" means an individual qualified by the
16		State of Illinois, certified by a nationally recognized
17		building official certification organization, qualified by an
18		apprentice program certified by the Bureau of Apprentice
19		Training, or who has filed verification of inspection
20		experience according to rules adopted by the Board for the
21		purposes of conducting inspections in non-building code
22		jurisdictions.
23		(e) New residential construction is exempt from this
24		Section and is defined as any original construction of a
25		single-family home or a dwelling containing 2 or fewer
26		apartments, condominiums, or townhomes in accordance with the

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1		Illinois Residential Building Code Act.
2		(f) Local governments may establish agreements with other
3		governmental entities within the State to issue permits and
4		enforce building codes and may hire third-party providers that
5		are qualified in accordance with this Section to provide
6		inspection services.
7		(g) This Section does not regulate any other statutorily
8		authorized code or regulation administered by State agencies.
9		These include without limitation the Illinois Plumbing Code,
10		the Illinois Environmental Barriers Act, the International
11		Energy Conservation Code, and administrative rules adopted by
12		the Office of the State Fire Marshal.
13		(h) This Section applies beginning July 1, 2011.
14		(Source: P.A. 101-369, eff. 12-15-19; revised 11-26-19.)
15		(20 ILCS 3105/12) (from Ch. 127, par. 782)
16		Sec. 12. Nothing in this Act shall be construed to include
17		the power to abrogate those powers vested in the boards of the
18		local public community college districts and the Illinois
19		Community College Board by the Public Community College Act,
20		the Board of Trustees of the University of Illinois, The Board
21		of Trustees of Southern Illinois University, the Board of
22		Trustees of Chicago State University, the Board of Trustees of
23		Eastern Illinois University, the Board of Trustees of
24		Governors State University, the Board of Trustees of Illinois
25		State University, the Board of Trustees of Northeastern

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1		Illinois University, the Board of Trustees of Northern
2		Illinois University, and the Board of Trustees of Western
3		Illinois University, hereinafter referred to as Governing
4		Boards. In the exercise of the powers conferred by law upon the
5		Board and in the exercise of the powers vested in such
6		Governing Boards, it is hereby provided that (i) the Board and
7		any such Governing Board may contract with each other and
8		other parties as to the design and construction of any project
9		to be constructed for or upon the property of such Governing
10		Board or any institution under its jurisdiction; (ii) in
11		connection with any such project, compliance with the
12		provisions of the Illinois Procurement Code by either the
13		Board or such Governing Board shall be deemed to be compliance
14		by the other; (iii) funds appropriated to any such Governing
15		Board may be expended for any project constructed by the Board
16		for such Governing Board; (iv) in connection with any such
17		project, the architects and engineers retained for the project
18		and the plans and specifications for the project must be
19		approved by both the Governing Board and the Board before
20		undertaking either design or construction of the project, as
21		the case may be.
22		(Source: P.A. 101-369, eff. 12-15-19; revised 11-26-19.)
23		Section 165. The General Assembly Compensation Act is
24		amended by changing Section 1 as follows:

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1		(25 ILCS 115/1) (from Ch. 63, par. 14)
2		Sec. 1. Each member of the General Assembly shall receive
3		an annual salary of $28,000 or as set by the Compensation
4		Review Board, whichever is greater. The following named
5		officers, committee chairmen and committee minority spokesmen
6		shall receive additional amounts per year for their services
7		as such officers, committee chairmen and committee minority
8		spokesmen respectively, as set by the Compensation Review
9		Board or, as follows, whichever is greater: Beginning the
10		second Wednesday in January 1989, the Speaker and the minority
11		leader of the House of Representatives and the President and
12		the minority leader of the Senate, $16,000 each; the majority
13		leader in the House of Representatives $13,500; 5 assistant
14		majority leaders and 5 assistant minority leaders in the
15		Senate, $12,000 each; 6 assistant majority leaders and 6
16		assistant minority leaders in the House of Representatives,
17		$10,500 each; 2 Deputy Majority leaders in the House of
18		Representatives $11,500 each; and 2 Deputy Minority leaders in
19		the House of Representatives, $11,500 each; the majority
20		caucus chairman and minority caucus chairman in the Senate,
21		$12,000 each; and beginning the second Wednesday in January,
22		1989, the majority conference chairman and the minority
23		conference chairman in the House of Representatives, $10,500
24		each; beginning the second Wednesday in January, 1989, the
25		chairman and minority spokesman of each standing committee of
26		the Senate, except the Rules Committee, the Committee on

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1		Committees, and the Committee on Assignment of Bills, $6,000
2		each; and beginning the second Wednesday in January, 1989, the
3		chairman and minority spokesman of each standing and select
4		committee of the House of Representatives, $6,000 each; and
5		beginning fiscal year 2020, the majority leader in the Senate,
6		an amount equal to the majority leader in the House. A member
7		who serves in more than one position as an officer, committee
8		chairman, or committee minority spokesman shall receive only
9		one additional amount based on the position paying the highest
10		additional amount. The compensation provided for in this
11		Section to be paid per year to members of the General Assembly,
12		including the additional sums payable per year to officers of
13		the General Assembly shall be paid in 12 equal monthly
14		installments. The first such installment is payable on January
15		31, 1977. All subsequent equal monthly installments are
16		payable on the last working day of the month. A member who has
17		held office any part of a month is entitled to compensation for
18		an entire month.
19		Mileage shall be paid at the rate of 20 cents per mile
20		before January 9, 1985, and at the mileage allowance rate in
21		effect under regulations promulgated pursuant to 5 U.S.C.
22		5707(b)(2) beginning January 9, 1985, for the number of actual
23		highway miles necessarily and conveniently traveled by the
24		most feasible route to be present upon convening of the
25		sessions of the General Assembly by such member in each and
26		every trip during each session in going to and returning from

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1		the seat of government, to be computed by the Comptroller. A
2		member traveling by public transportation for such purposes,
3		however, shall be paid his actual cost of that transportation
4		instead of on the mileage rate if his cost of public
5		transportation exceeds the amount to which he would be
6		entitled on a mileage basis. No member may be paid, whether on
7		a mileage basis or for actual costs of public transportation,
8		for more than one such trip for each week the General Assembly
9		is actually in session. Each member shall also receive an
10		allowance of $36 per day for lodging and meals while in
11		attendance at sessions of the General Assembly before January
12		9, 1985; beginning January 9, 1985, such food and lodging
13		allowance shall be equal to the amount per day permitted to be
14		deducted for such expenses under the Internal Revenue Code;
15		however, beginning May 31, 1995, no allowance for food and
16		lodging while in attendance at sessions is authorized for
17		periods of time after the last day in May of each calendar
18		year, except (i) if the General Assembly is convened in
19		special session by either the Governor or the presiding
20		officers of both houses, as provided by subsection (b) of
21		Section 5 of Article IV of the Illinois Constitution or (ii) if
22		the General Assembly is convened to consider bills vetoed,
23		item vetoed, reduced, or returned with specific
24		recommendations for change by the Governor as provided in
25		Section 9 of Article IV of the Illinois Constitution. For
26		fiscal year 2011 and for session days in fiscal years 2012,

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1		2013, 2014, 2015, 2016, 2017, 2018, and 2019 only (i) the
2		allowance for lodging and meals is $111 per day and (ii)
3		mileage for automobile travel shall be reimbursed at a rate of
4		$0.39 per mile.
5		Notwithstanding any other provision of law to the
6		contrary, beginning in fiscal year 2012, travel reimbursement
7		for General Assembly members on non-session days shall be
8		calculated using the guidelines set forth by the Legislative
9		Travel Control Board, except that fiscal year 2012, 2013,
10		2014, 2015, 2016, 2017, 2018, and 2019 mileage reimbursement
11		is set at a rate of $0.39 per mile.
12		If a member dies having received only a portion of the
13		amount payable as compensation, the unpaid balance shall be
14		paid to the surviving spouse of such member, or, if there be
15		none, to the estate of such member.
16		(Source: P.A. 100-25, eff. 7-26-17; 100-587, eff. 6-4-18;
17		101-10, eff. 6-5-19; revised 7-17-19.)
18		Section 170. The Legislative Commission Reorganization Act
19		of 1984 is amended by changing the headings of Articles 3A and
20		8A as follows:
21		(25 ILCS 130/Art. 3A heading)
22		ARTICLE 3A .
23		(Source: P.A. 89-113; revised 8-18-20.)

SB2435 Enrolled - 326 - LRB102 04062 AMC 14078 b
1		(25 ILCS 130/Art. 8A heading)
2		ARTICLE 8A .
3		(Source: P.A. 93-632, eff. 2-1-04; revised 8-18-20.)
4		Section 175. The State Finance Act is amended by setting
5		forth, renumbering, and changing Sections 5.891, 5.893, 5.894,
6		5.895, 5.896, and 6z-107, by setting forth and renumbering
7		Sections 5.892 and 5.897, and by changing Sections 8.25g, 8g,
8		9.02, and 10 as follows:
9		(30 ILCS 105/5.891)
10		Sec. 5.891. The Governor's Administrative Fund.
11		(Source: P.A. 101-10, Article 5, Section 5-35, eff. 6-5-19.)
12		(30 ILCS 105/5.892)
13		Sec. 5.892. The Firearm Dealer License Certification Fund.
14		(Source: P.A. 100-1178, eff. 1-18-19; 101-81, eff. 7-12-19.)
15		(30 ILCS 105/5.893)
16		Sec. 5.893. The Local Government Aviation Trust Fund.
17		(Source: P.A. 101-10, eff. 6-5-19.)
18		(30 ILCS 105/5.894)
19		Sec. 5.894. The Aviation Fuel Sales Tax Refund Fund.
20		(Source: P.A. 101-10, eff. 6-5-19.)

SB2435 Enrolled - 327 - LRB102 04062 AMC 14078 b
1		(30 ILCS 105/5.895)
2		Sec. 5.895. The Sound-Reducing Windows and Doors
3		Replacement Fund.
4		(Source: P.A. 101-10, eff. 6-5-19.)
5		(30 ILCS 105/5.896)
6		Sec. 5.896. The Rebuild Illinois Projects Fund.
7		(Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
8		(30 ILCS 105/5.897)
9		Sec. 5.897. The Civic and Transit Infrastructure Fund.
10		(Source: P.A. 101-10, eff. 6-5-19.)
11		(30 ILCS 105/5.898)
12		Sec. 5.898 5.891. The State Aviation Program Fund.
13		(Source: P.A. 101-10, Article 15, Section 15-5, eff. 6-5-19;
14		revised 10-2-19.)
15		(30 ILCS 105/5.899)
16		Sec. 5.899 5.891. The Cannabis Regulation Fund.
17		(Source: P.A. 101-27, eff. 6-25-19; revised 10-2-19.)
18		(30 ILCS 105/5.900)
19		Sec. 5.900 5.891. The Multi-modal Transportation Bond
20		Fund.
21		(Source: P.A. 101-30, eff. 6-28-19; revised 10-2-19.)

SB2435 Enrolled - 328 - LRB102 04062 AMC 14078 b
1		(30 ILCS 105/5.901)
2		Sec. 5.901 5.891. The Transportation Renewal Fund.
3		(Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19;
4		revised 10-2-19.)
5		(30 ILCS 105/5.902)
6		Sec. 5.902 5.891. The Illinois Property Tax Relief Fund.
7		(Source: P.A. 101-77, eff. 7-12-19; revised 10-2-19.)
8		(30 ILCS 105/5.903)
9		Sec. 5.903 5.891. The Attorney General Whistleblower
10		Reward and Protection Fund.
11		(Source: P.A. 101-148, eff. 7-26-19; revised 10-2-19.)
12		(30 ILCS 105/5.904)
13		Sec. 5.904 5.891. The Coal Combustion Residual Surface
14		Impoundment Financial Assurance Fund.
15		(Source: P.A. 101-171, eff. 7-30-19; revised 10-2-19.)
16		(30 ILCS 105/5.905)
17		Sec. 5.905 5.891. The Scott's Law Fund.
18		(Source: P.A. 101-173, eff. 1-1-20; revised 10-2-19.)
19		(30 ILCS 105/5.906)
20		Sec. 5.906 5.891. The DUI Prevention and Education Fund.

SB2435 Enrolled - 329 - LRB102 04062 AMC 14078 b
1		(Source: P.A. 101-196, eff. 1-1-20; revised 10-2-19.)
2		(30 ILCS 105/5.907)
3		Sec. 5.907 5.891. The Post-Traumatic Stress Disorder
4		Awareness Fund.
5		(Source: P.A. 101-248, eff. 1-1-20; revised 10-2-19.)
6		(30 ILCS 105/5.908)
7		Sec. 5.908 5.891. The Guide Dogs of America Fund.
8		(Source: P.A. 101-256, eff. 1-1-20; revised 10-2-19.)
9		(30 ILCS 105/5.909)
10		Sec. 5.909 5.891. The Theresa Tracy Trot-Illinois
11		CancerCare Foundation Fund.
12		(Source: P.A. 101-276, eff. 8-9-19; revised 10-2-19.)
13		(30 ILCS 105/5.910)
14		Sec. 5.910 5.891. The Developmental Disabilities Awareness
15		Fund.
16		(Source: P.A. 101-282, eff. 1-1-20; revised 10-2-19.)
17		(30 ILCS 105/5.911)
18		Sec. 5.911 5.891. The Pediatric Cancer Awareness Fund.
19		(Source: P.A. 101-372, eff. 1-1-20; revised 10-2-19.)
20		(30 ILCS 105/5.912)

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1		Sec. 5.912 5.891. The Training in the Building Trades
2		Fund.
3		(Source: P.A. 101-469, eff. 1-1-20; revised 10-2-19.)
4		(30 ILCS 105/5.913)
5		Sec. 5.913 5.891. The School STEAM Grant Program Fund.
6		(Source: P.A. 101-561, eff. 8-23-19; revised 10-2-19.)
7		(30 ILCS 105/5.914)
8		Sec. 5.914 5.891. The Water Workforce Development Fund.
9		(Source: P.A. 101-576, eff. 1-1-20; revised 10-2-19.)
10		(30 ILCS 105/5.915)
11		Sec. 5.915 5.892. The Cannabis Business Development Fund.
12		(Source: P.A. 101-27, eff. 6-25-19; revised 10-17-19.)
13		(30 ILCS 105/5.916)
14		Sec. 5.916 5.893. The Local Cannabis Consumer Excise Tax
15		Trust Fund.
16		(Source: P.A. 101-27, eff. 6-25-19; revised 10-17-19.)
17		(30 ILCS 105/5.917)
18		Sec. 5.917 5.893. The Transportation Renewal Fund.
19		(Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
20		(30 ILCS 105/5.918)

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1		Sec. 5.918 5.893. The Regional Transportation Authority
2		Capital Improvement Fund.
3		(Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19;
4		revised 10-17-19.)
5		(30 ILCS 105/5.920)
6		Sec. 5.920 5.893. The State Police Whistleblower Reward
7		and Protection Fund.
8		(Source: P.A. 101-148, eff. 7-26-19; revised 10-17-19.)
9		(30 ILCS 105/5.921)
10		Sec. 5.921 5.893. The Mechanics Training Fund.
11		(Source: P.A. 101-256, eff. 1-1-20; revised 10-17-19.)
12		(30 ILCS 105/5.922)
13		Sec. 5.922 5.894. The Cannabis Expungement Fund.
14		(Source: P.A. 101-27, eff. 6-25-19; revised 10-17-19.)
15		(30 ILCS 105/5.923)
16		Sec. 5.923 5.894. The Regional Transportation Authority
17		Capital Improvement Fund.
18		(Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
19		(30 ILCS 105/5.924)
20		Sec. 5.924 5.894. The Downstate Mass Transportation
21		Capital Improvement Fund.

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1		(Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19.)
2		(30 ILCS 105/5.925)
3		Sec. 5.925 5.895. The Downstate Mass Transportation
4		Capital Improvement Fund.
5		(Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
6		(30 ILCS 105/5.926)
7		Sec. 5.926 5.895. The Illinois Works Fund.
8		(Source: P.A. 101-31, eff. 6-28-19; revised 10-17-19.)
9		(30 ILCS 105/5.927)
10		Sec. 5.927 5.896. The Sports Wagering Fund.
11		(Source: P.A. 101-31, eff. 6-28-19; revised 10-17-19.)
12		(30 ILCS 105/5.928)
13		Sec. 5.928 5.897. The State Fairgrounds Capital
14		Improvements and Harness Racing Fund.
15		(Source: P.A. 101-31, eff. 6-28-19; revised 10-17-19.)
16		(30 ILCS 105/6z-107)
17		Sec. 6z-107. Governor's Administrative Fund. The
18		Governor's Administrative Fund is established as a special
19		fund in the State Treasury. The Fund may accept moneys from any
20		public source in the form of grants, deposits, and transfers,
21		and shall be used for purposes designated by the source of the

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1		moneys and, if no specific purposes are designated, then for
2		the general administrative and operational costs of the
3		Governor's Office.
4		(Source: P.A. 101-10, eff. 6-5-19.)
5		(30 ILCS 105/6z-112)
6		Sec. 6z-112 6z-107. The Cannabis Regulation Fund.
7		(a) There is created the Cannabis Regulation Fund in the
8		State treasury, subject to appropriations unless otherwise
9		provided in this Section. All moneys collected under the
10		Cannabis Regulation and Tax Act shall be deposited into the
11		Cannabis Regulation Fund, consisting of taxes, license fees,
12		other fees, and any other amounts required to be deposited or
13		transferred into the Fund.
14		(b) Whenever the Department of Revenue determines that a
15		refund should be made under the Cannabis Regulation and Tax
16		Act to a claimant, the Department of Revenue shall submit a
17		voucher for payment to the State Comptroller, who shall cause
18		the order to be drawn for the amount specified and to the
19		person named in the notification from the Department of
20		Revenue. This subsection (b) shall constitute an irrevocable
21		and continuing appropriation of all amounts necessary for the
22		payment of refunds out of the Fund as authorized under this
23		subsection (b).
24		(c) On or before the 25th day of each calendar month, the
25		Department of Revenue shall prepare and certify to the State

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1		Comptroller the transfer and allocations of stated sums of
2		money from the Cannabis Regulation Fund to other named funds
3		in the State treasury. The amount subject to transfer shall be
4		the amount of the taxes, license fees, other fees, and any
5		other amounts paid into the Fund during the second preceding
6		calendar month, minus the refunds made under subsection (b)
7		during the second preceding calendar month by the Department.
8		The transfers shall be certified as follows:
9		(1) The Department of Revenue shall first determine
10		the allocations which shall remain in the Cannabis
11		Regulation Fund, subject to appropriations, to pay for the
12		direct and indirect costs associated with the
13		implementation, administration, and enforcement of the
14		Cannabis Regulation and Tax Act by the Department of
15		Revenue, the Department of State Police, the Department of
16		Financial and Professional Regulation, the Department of
17		Agriculture, the Department of Public Health, the
18		Department of Commerce and Economic Opportunity, and the
19		Illinois Criminal Justice Information Authority.
20		(2) After the allocations have been made as provided
21		in paragraph (1) of this subsection (c), of the remainder
22		of the amount subject to transfer for the month as
23		determined in this subsection (c), the Department shall
24		certify the transfer into the Cannabis Expungement Fund
25		1/12 of the fiscal year amount appropriated from the
26		Cannabis Expungement Fund for payment of costs incurred by

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1		State courts, the Attorney General, State's Attorneys,
2		civil legal aid, as defined by Section 15 of the Public
3		Interest Attorney Assistance Act, and the Department of
4		State Police to facilitate petitions for expungement of
5		Minor Cannabis Offenses pursuant to Public Act 101-27 this
6		amendatory Act of the 101st General Assembly, as adjusted
7		by any supplemental appropriation, plus cumulative
8		deficiencies in such transfers for prior months.
9		(3) After the allocations have been made as provided
10		in paragraphs (1) and (2) of this subsection (c), the
11		Department of Revenue shall certify to the State
12		Comptroller and the State Treasurer shall transfer the
13		amounts that the Department of Revenue determines shall be
14		transferred into the following named funds according to
15		the following:
16		(A) 2% shall be transferred to the Drug Treatment
17		Fund to be used by the Department of Human Services
18		for: (i) developing and administering a scientifically
19		and medically accurate public education campaign
20		educating youth and adults about the health and safety
21		risks of alcohol, tobacco, illegal drug use (including
22		prescription drugs), and cannabis, including use by
23		pregnant women; and (ii) data collection and analysis
24		of the public health impacts of legalizing the
25		recreational use of cannabis. Expenditures for these
26		purposes shall be subject to appropriations.

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1		(B) 8% shall be transferred to the Local
2		Government Distributive Fund and allocated as provided
3		in Section 2 of the State Revenue Sharing Act. The
4		moneys shall be used to fund crime prevention
5		programs, training, and interdiction efforts,
6		including detection, enforcement, and prevention
7		efforts, relating to the illegal cannabis market and
8		driving under the influence of cannabis.
9		(C) 25% shall be transferred to the Criminal
10		Justice Information Projects Fund to be used for the
11		purposes of the Restore, Reinvest, and Renew Program
12		to address economic development, violence prevention
13		services, re-entry services, youth development, and
14		civil legal aid, as defined by Section 15 of the Public
15		Interest Attorney Assistance Act. The Restore,
16		Reinvest, and Renew Program shall address these issues
17		through targeted investments and intervention programs
18		and promotion of an employment infrastructure and
19		capacity building related to the social determinants
20		of health in impacted community areas. Expenditures
21		for these purposes shall be subject to appropriations.
22		(D) 20% shall be transferred to the Department of
23		Human Services Community Services Fund, to be used to
24		address substance abuse and prevention and mental
25		health concerns, including treatment, education, and
26		prevention to address the negative impacts of

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1		substance abuse and mental health issues, including
2		concentrated poverty, violence, and the historical
3		overuse of criminal justice responses in certain
4		communities, on the individual, family, and community,
5		including federal, State, and local governments,
6		health care institutions and providers, and
7		correctional facilities. Expenditures for these
8		purposes shall be subject to appropriations.
9		(E) 10% shall be transferred to the Budget
10		Stabilization Fund.
11		(F) 35%, or any remaining balance, shall be
12		transferred to the General Revenue Fund.
13		As soon as may be practical, but no later than 10 days
14		after receipt, by the State Comptroller of the transfer
15		certification provided for in this subsection (c) to be given
16		to the State Comptroller by the Department of Revenue, the
17		State Comptroller shall direct and the State Treasurer shall
18		transfer the respective amounts in accordance with the
19		directions contained in such certification.
20		(d) On July 1, 2019 the Department of Revenue shall
21		certify to the State Comptroller and the State Treasurer shall
22		transfer $5,000,000 from the Compassionate Use of Medical
23		Cannabis Fund to the Cannabis Regulation Fund.
24		(e) Notwithstanding any other law to the contrary and
25		except as otherwise provided in this Section, this Fund is not
26		subject to sweeps, administrative charge-backs, or any other

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1		fiscal or budgetary maneuver that would in any way transfer
2		any amounts from this Fund into any other fund of the State.
3		(f) The Cannabis Regulation Fund shall retain a balance of
4		$1,000,000 for the purposes of administrative costs.
5		(g) In Fiscal Year 2024 the allocations in subsection (c)
6		of this Section shall be reviewed and adjusted if the General
7		Assembly finds there is a greater need for funding for a
8		specific purpose in the State as it relates to Public Act
9		101-27 this amendatory Act of the 101st General Assembly.
10		(Source: P.A. 101-27, eff. 6-25-19; revised 9-23-19.)
11		(30 ILCS 105/6z-113)
12		Sec. 6z-113 6z-107. Illinois Property Tax Relief Fund;
13		creation.
14		(a) Beginning in State fiscal year 2021, the Illinois
15		Property Tax Relief Fund is hereby created as a special fund in
16		the State treasury. Moneys in the Fund shall be used by the
17		State Comptroller to pay rebates to residential property
18		taxpayers in the State as provided in this Section. The Fund
19		may accept moneys from any lawful source.
20		(b) Beginning in State fiscal year 2021, within 30 days
21		after the last day of the application period for general
22		homestead exemptions in the county, each chief county
23		assessment officer shall certify to the State Comptroller the
24		total number of general homestead exemptions granted for
25		homestead property in that county for the applicable property

SB2435 Enrolled - 339 - LRB102 04062 AMC 14078 b
1		tax year. As soon as possible after receiving certifications
2		from each county under this subsection, the State Comptroller
3		shall calculate a property tax rebate amount for the
4		applicable property tax year by dividing the total amount
5		appropriated from the Illinois Property Tax Relief Fund for
6		the purpose of making rebates under this Section by the total
7		number of homestead exemptions granted for homestead property
8		in the State. The county treasurer shall reduce each property
9		tax bill for homestead property by the property tax rebate
10		amount and shall include a separate line item on each property
11		tax bill stating the property tax rebate amount from the
12		Illinois Property Tax Relief Fund. Within 60 days after
13		calculating the property tax rebate amount, the State
14		Comptroller shall make distributions from the Illinois
15		Property Tax Relief Fund to each county. The amount allocated
16		to each county shall be the property tax rebate amount
17		multiplied by the number of general homestead exemptions
18		granted in the county for the applicable property tax year.
19		The county treasurer shall distribute each taxing district's
20		share of property tax collections and distributions from the
21		Illinois Property Tax Relief Fund to those taxing districts as
22		provided by law.
23		(c) As used in this Section:
24		"Applicable property tax year" means the tax year for
25		which a rebate was applied to property tax bills under this
26		Section.

SB2435 Enrolled - 340 - LRB102 04062 AMC 14078 b
1		"General homestead exemption" means a general homestead
2		exemption that was granted for the property under Section
3		15-175 of the Property Tax Code.
4		"Homestead property" means property that meets both of the
5		following criteria: (1) a general homestead exemption was
6		granted for the property; and (2) the property tax liability
7		for the property is current as of the date of the
8		certification.
9		(Source: P.A. 101-77, eff. 7-12-19; revised 9-23-19.)
10		(30 ILCS 105/8.25g)
11		Sec. 8.25g. The Civic and Transit Infrastructure Fund. The
12		Civic and Transit Infrastructure Fund is created as a special
13		fund in the State Treasury. Money in the Civic and Transit
14		Infrastructure Fund shall, when the State of Illinois incurs
15		infrastructure indebtedness pursuant to the public-private
16		public private partnership entered into by the public agency
17		on behalf of the State of Illinois with private entity
18		pursuant to the Public-Private Partnership for Civic and
19		Transit Infrastructure Project Act enacted in this amendatory
20		Act of the 101th General Assembly, be used for the purpose of
21		paying and discharging monthly the principal and interest on
22		that infrastructure indebtedness then due and payable
23		consistent with the term established in the public-private
24		public private agreement entered into by the public agency on
25		behalf of the State of Illinois. The public agency shall,

SB2435 Enrolled - 341 - LRB102 04062 AMC 14078 b
1		pursuant to its authority under the Public-Private Partnership
2		for Civic and Transit Infrastructure Project Act, annually
3		certify to the State Comptroller and the State Treasurer the
4		amount necessary and required, during the fiscal year with
5		respect to which the certification is made, to pay the amounts
6		due under the Public-Private Partnership for Civic and Transit
7		Infrastructure Project Act. On or before the last day of each
8		month, the State Comptroller and State Treasurer shall
9		transfer the moneys required to be deposited into the Fund
10		under Section 3 of the Retailers' Occupation Tax Act and the
11		Public-Private Partnership for Civic and Transit
12		Infrastructure Project Act and shall pay from that Fund the
13		required amount certified by the public agency, plus any
14		cumulative deficiency in such transfers and payments for prior
15		months, to the public agency for distribution pursuant to the
16		Public-Private Partnership for Civic and Transit
17		Infrastructure Project Act. Such transferred amount shall be
18		sufficient to pay all amounts due under the Public-Private
19		Partnership for Civic and Transit Infrastructure Project Act.
20		Provided that all amounts deposited in the Fund have been paid
21		accordingly under the Public-Private Partnership for Civic and
22		Transit Infrastructure Project Act, all amounts remaining in
23		the Civic and Transit Infrastructure Fund shall be held in
24		that Fund for other subsequent payments required under the
25		Public-Private Partnership for Civic and Transit
26		Infrastructure Project Act. In the event the State fails to

SB2435 Enrolled - 342 - LRB102 04062 AMC 14078 b
1		pay the amount necessary and required under the Public-Private
2		Partnership for Civic and Transit Infrastructure Project Act
3		for any reason during the fiscal year with respect to which the
4		certification is made or if the State takes any steps that
5		result in an impact to the irrevocable, first priority pledge
6		of and lien on moneys on deposit in the Civic and Transit
7		Infrastructure Fund, the public agency shall certify such
8		delinquent amounts to the State Comptroller and the State
9		Treasurer and the State Comptroller and the State Treasurer
10		shall take all steps required to intercept the tax revenues
11		collected from within the boundary of the civic transit
12		infrastructure project pursuant to Section 3 of the Retailers'
13		Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of
14		the Service Use Tax Act, Section 9 of the Service Occupation
15		Tax Act, Section 4.03 of the Regional Transportation Authority
16		Act, and Section 6 of the Hotel Operators' Occupation Tax Act,
17		and shall pay such amounts to the Fund for distribution by the
18		public agency for the time period time-period required to
19		ensure that the State's distribution requirements under the
20		Public-Private Partnership for Civic and Transit
21		Infrastructure Project Act are fully met.
22		As used in the Section, "private entity", "public-private
23		private public agreement", and "public agency" have meanings
24		provided in Section 25-10 of the Public-Private Partnership
25		for Civic and Transit Infrastructure Project Act.
26		(Source: P.A. 101-10, eff. 6-5-19; revised 7-22-19.)

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1		(30 ILCS 105/8g)
2		Sec. 8g. Fund transfers.
3		(a) (Blank).
4		(b) (Blank).
5		(c) In addition to any other transfers that may be
6		provided for by law, on August 30 of each fiscal year's license
7		period, the Illinois Liquor Control Commission shall direct
8		and the State Comptroller and State Treasurer shall transfer
9		from the General Revenue Fund to the Youth Alcoholism and
10		Substance Abuse Prevention Fund an amount equal to the number
11		of retail liquor licenses issued for that fiscal year
12		multiplied by $50.
13		(d) The payments to programs required under subsection (d)
14		of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
15		be made, pursuant to appropriation, from the special funds
16		referred to in the statutes cited in that subsection, rather
17		than directly from the General Revenue Fund.
18		Beginning January 1, 2000, on the first day of each month,
19		or as soon as may be practical thereafter, the State
20		Comptroller shall direct and the State Treasurer shall
21		transfer from the General Revenue Fund to each of the special
22		funds from which payments are to be made under subsection (d)
23		of Section 28.1 of the Illinois Horse Racing Act of 1975 an
24		amount equal to 1/12 of the annual amount required for those
25		payments from that special fund, which annual amount shall not

SB2435 Enrolled - 344 - LRB102 04062 AMC 14078 b
1		exceed the annual amount for those payments from that special
2		fund for the calendar year 1998. The special funds to which
3		transfers shall be made under this subsection (d) include, but
4		are not necessarily limited to, the Agricultural Premium Fund;
5		the Metropolitan Exposition, Auditorium and Office Building
6		Fund; the Fair and Exposition Fund; the Illinois Standardbred
7		Breeders Fund; the Illinois Thoroughbred Breeders Fund; and
8		the Illinois Veterans' Rehabilitation Fund. Except for
9		transfers attributable to prior fiscal years, during State
10		fiscal year 2020 only, no transfers shall be made from the
11		General Revenue Fund to the Agricultural Premium Fund, the
12		Fair and Exposition Fund, the Illinois Standardbred Breeders
13		Fund, or the Illinois Thoroughbred Breeders Fund.
14		(e) (Blank).
15		(f) (Blank).
16		(f-1) (Blank).
17		(g) (Blank).
18		(h) (Blank).
19		(i) (Blank).
20		(i-1) (Blank).
21		(j) (Blank).
22		......
23		(k) (Blank).
24		(k-1) (Blank).
25		(k-2) (Blank).
26		(k-3) (Blank).

SB2435 Enrolled - 345 - LRB102 04062 AMC 14078 b
1		(l) (Blank).
2		(m) (Blank).
3		(n) (Blank).
4		(o) (Blank).
5		(p) (Blank).
6		(q) (Blank).
7		(r) (Blank).
8		(s) (Blank).
9		(t) (Blank).
10		(u) (Blank).
11		(v) (Blank).
12		(w) (Blank).
13		(x) (Blank).
14		(y) (Blank).
15		(z) (Blank).
16		(aa) (Blank).
17		(bb) (Blank).
18		(cc) (Blank).
19		(dd) (Blank).
20		(ee) (Blank).
21		(ff) (Blank).
22		(gg) (Blank).
23		(hh) (Blank).
24		(ii) (Blank).
25		(jj) (Blank).
26		(kk) (Blank).

SB2435 Enrolled - 346 - LRB102 04062 AMC 14078 b
1		(ll) (Blank).
2		(mm) (Blank).
3		(nn) (Blank).
4		(oo) (Blank).
5		(pp) (Blank).
6		(qq) (Blank).
7		(rr) (Blank).
8		(ss) (Blank).
9		(tt) (Blank).
10		(uu) (Blank).
11		(vv) (Blank).
12		(ww) (Blank).
13		(xx) (Blank).
14		(yy) (Blank).
15		(zz) (Blank).
16		(aaa) (Blank).
17		(bbb) (Blank).
18		(ccc) (Blank).
19		(ddd) (Blank).
20		(eee) (Blank).
21		(fff) (Blank).
22		(ggg) (Blank).
23		(hhh) (Blank).
24		(iii) (Blank).
25		(jjj) (Blank).
26		(lll) (Blank).

SB2435 Enrolled - 347 - LRB102 04062 AMC 14078 b
1		(mmm) (Blank).
2		(nnn) (Blank).
3		(ooo) (Blank).
4		(ppp) (Blank).
5		(qqq) (Blank).
6		(rrr) (Blank).
7		(sss) (Blank).
8		(ttt) (Blank).
9		(uuu) (Blank).
10		(vvv) (Blank).
11		(www) (Blank).
12		(xxx) (Blank).
13		(yyy) (Blank).
14		(zzz) (Blank).
15		(aaaa) (Blank).
16		(bbbb) (Blank).
17		(cccc) (Blank).
18		(dddd) (Blank).
19		(eeee) (Blank).
20		(Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17;
21		100-863, eff. 8-14-18; 101-10, eff. 6-5-19; revised 7-17-19.)
22		(30 ILCS 105/9.02) (from Ch. 127, par. 145c)
23		Sec. 9.02. Vouchers; signature; delegation; electronic
24		submission.
25		(a)(1) Any new contract or contract renewal in the amount

SB2435 Enrolled - 348 - LRB102 04062 AMC 14078 b
1		of $250,000 or more in a fiscal year, or any order against a
2		master contract in the amount of $250,000 or more in a fiscal
3		year, or any contract amendment or change to an existing
4		contract that increases the value of the contract to or by
5		$250,000 or more in a fiscal year, shall be signed or approved
6		in writing by the chief executive officer of the agency or his
7		or her designee, and shall also be signed or approved in
8		writing by the agency's chief legal counsel or his or her
9		designee and chief fiscal officer or his or her designee. If
10		the agency does not have a chief legal counsel or a chief
11		fiscal officer, the chief executive officer of the agency
12		shall designate in writing a senior executive as the
13		individual responsible for signature or approval.
14		(2) No document identified in paragraph (1) may be filed
15		with the Comptroller, nor may any authorization for payment
16		pursuant to such documents be filed with the Comptroller, if
17		the required signatures or approvals are lacking.
18		(3) Any person who, with knowledge the signatures or
19		approvals required in paragraph (1) are lacking, either files
20		or directs another to file documents or payment authorizations
21		in violation of paragraph (2) shall be subject to discipline
22		up to and including discharge.
23		(4) Procurements shall not be artificially divided so as
24		to avoid the necessity of complying with paragraph (1).
25		(5) Each State agency shall develop and implement
26		procedures to ensure the necessary signatures or approvals are

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1		obtained. Each State agency may establish, maintain and follow
2		procedures that are more restrictive than those required
3		herein.
4		(6) This subsection (a) applies to all State agencies as
5		defined in Section 1-7 of the Illinois State Auditing Act,
6		which includes without limitation the General Assembly and its
7		agencies. For purposes of this subsection (a), in the case of
8		the General Assembly, the "chief executive officer of the
9		agency" means (i) the Senate Operations Commission for Senate
10		general operations as provided in Section 4 of the General
11		Assembly Operations Act, (ii) the Speaker of the House of
12		Representatives for House general operations as provided in
13		Section 5 of the General Assembly Operations Act, (iii) the
14		Speaker of the House for majority leadership staff and
15		operations, (iv) the Minority Leader of the House for minority
16		leadership staff and operations, (v) the President of the
17		Senate for majority leadership staff and operations, (vi) the
18		Minority Leader of the Senate for minority staff and
19		operations, and (vii) the Joint Committee on Legislative
20		Support Services for the legislative support services agencies
21		as provided in the Legislative Commission Reorganization Act
22		of 1984. For purposes of this subsection (a), in the case of
23		agencies, the "chief executive officer of the agency" means
24		the head of the agency.
25		(b)(1) Every voucher or corresponding balancing report, as
26		submitted by the agency or office in which it originates,

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1		shall bear (i) the signature of the officer responsible for
2		approving and certifying vouchers under this Act and (ii) if
3		authority to sign the responsible officer's name has been
4		properly delegated, also the signature of the person actually
5		signing the voucher.
6		(2) When an officer delegates authority to approve and
7		certify vouchers, he shall send a copy of such authorization
8		containing the signature of the person to whom delegation is
9		made to each office that checks or approves such vouchers and
10		to the State Comptroller. Such delegation may be general or
11		limited. If the delegation is limited, the authorization shall
12		designate the particular types of vouchers that the person is
13		authorized to approve and certify.
14		(3) When any delegation of authority hereunder is revoked,
15		a copy of the revocation of authority shall be sent to the
16		Comptroller and to each office to which a copy of the
17		authorization was sent.
18		The Comptroller may require State agencies to maintain
19		signature documents and records of delegations of voucher
20		signature authority and revocations of those delegations,
21		instead of transmitting those documents to the Comptroller.
22		The Comptroller may inspect such documents and records at any
23		time.
24		(c) The Comptroller may authorize the submission of
25		vouchers through electronic transmissions, on magnetic tape,
26		or otherwise.

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1		(Source: P.A. 101-34, eff. 6-28-19; 101-359, eff. 8-9-19;
2		revised 9-12-19.)
3		(30 ILCS 105/10) (from Ch. 127, par. 146)
4		Sec. 10. When an appropriation has been made by the
5		General Assembly for the ordinary and contingent expenses of
6		the operation, maintenance, and administration of the several
7		offices, departments, institutions, boards, commissions, and
8		agencies of the State government, the State Comptroller shall
9		draw his warrant on the State Treasurer for the payment of the
10		same upon the presentation of itemized vouchers, issued,
11		certified, and approved for , as follows: For appropriations
12		to:
13		(1) Elective State officers in the executive
14		Department, to be certified and approved by such officers,
15		respectively;
16		(2) The Supreme Court, to be certified and approved by
17		the Chief Justice thereof;
18		(3) Appellate Court, to be certified and approved by
19		the Chief Justice of each judicial district;
20		(4) The State Senate, to be certified and approved by
21		the President;
22		(5) The House of Representatives, to be certified and
23		approved by the Speaker;
24		(6) The Auditor General, to be certified and approved
25		by the Auditor General;

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1		(7) Clerks of courts, to be certified and approved by
2		the clerk incurring expenditures;
3		(8) The departments under the Civil Administrative
4		Code, to be certified and approved by the Director or
5		Secretary of the Department;
6		(9) The University of Illinois, to be certified by the
7		president of the University;
8		(10) The State Universities Retirement System, to be
9		certified to by the President and Secretary of the Board
10		of Trustees of the System;
11		(11) Illinois State University, to be certified to by
12		the president of that University;
13		(12) Northern Illinois University, to be certified to
14		by the president of that University;
15		(12a) Chicago State University, certified to by the
16		president of that University;
17		(12b) Eastern Illinois University, certified to by the
18		president of that University;
19		(12c) Governors State University, certified to by the
20		president of that University;
21		(12d) Northeastern Illinois University, certified to
22		by the president of that University;
23		(12e) Western Illinois University, certified to by the
24		president of that University;
25		(13) Southern Illinois University, to be certified to
26		by the President of the University;

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1		(14) The Adjutant General, to be certified and
2		approved by the Adjutant General;
3		(15) The Illinois Legislative Investigating
4		Commission, to be certified and approved by its Chairman,
5		or when it is organized with Co-Chairmen, by either of its
6		Co-Chairmen;
7		(16) All other officers, boards, commissions, and
8		agencies of the State government, certified and approved
9		by such officer or by the president or chairman and
10		secretary or by the executive officer of such board,
11		commission, or agency;
12		(17) Individuals, to be certified by such individuals;
13		(18) The farmers' institute, agricultural, livestock,
14		poultry, scientific, benevolent, and other private
15		associations, or corporations of whatsoever nature, to be
16		certified and approved by the president and secretary of
17		such society.
18		Nothing contained in this Section shall be construed to
19		amend or modify the "Personnel Code".
20		This Section is subject to Section 9.02.
21		(Source: P.A. 98-788, eff. 7-25-14; revised 8-18-20.)
22		Section 180. The Public Use Trust Act is amended by
23		changing Section 2 as follows:
24		(30 ILCS 160/2) (from Ch. 127, par. 4002)

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1		Sec. 2. (a) The Department of Agriculture, the Department
2		of Natural Resources, and the Abraham Lincoln Presidential
3		Library and Museum have the power to enter into a trust
4		agreement with a person or group of persons under which the
5		State agency may receive or collect money or other property
6		from the person or group of persons and may expend such money
7		or property solely for a public purpose within the powers and
8		duties of that State agency and stated in the trust agreement.
9		The State agency shall be the trustee under any such trust
10		agreement.
11		(b) Money or property received under a trust agreement
12		shall not be deposited in the State treasury and is not subject
13		to appropriation by the General Assembly, but shall be held
14		and invested by the trustee separate and apart from the State
15		treasury. The trustee shall invest money or property received
16		under a trust agreement as provided for trustees under the
17		Illinois Trust Code or as otherwise provided in the trust
18		agreement.
19		(c) The trustee shall maintain detailed records of all
20		receipts and disbursements in the same manner as required for
21		trustees under the Illinois Trust Code. The trustee shall
22		provide an annual accounting of all receipts, disbursements,
23		and inventory to all donors to the trust and the Auditor
24		General. The annual accounting shall be made available to any
25		member of the public upon request.
26		(Source: P.A. 100-695, eff. 8-3-18; 101-48, eff. 1-1-20;

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1		101-636, eff. 6-10-20; revised 7-28-20.)
2		Section 185. The General Obligation Bond Act is amended by
3		changing Section 19 as follows:
4		(30 ILCS 330/19) (from Ch. 127, par. 669)
5		Sec. 19. Investment of money not needed for current
6		expenditures; application of earnings Money Not Needed for
7		Current Expenditures - Application of Earnings.
8		(a) The State Treasurer may, with the Governor's approval,
9		invest and reinvest any money from the Capital Development
10		Fund, the Transportation Bond, Series A Fund, the
11		Transportation Bond, Series B Fund, the Multi-modal
12		Transportation Bond Fund, the School Construction Fund, the
13		Anti-Pollution Fund, the Coal Development Fund and the General
14		Obligation Bond Retirement and Interest Fund, in the State
15		Treasury, which is not needed for current expenditures due or
16		about to become due from these funds.
17		(b) Monies received from the sale or redemption of
18		investments from the Transportation Bond, Series A Fund and
19		the Multi-modal Transportation Bond Fund shall be deposited by
20		the State Treasurer in the Road Fund.
21		Monies received from the sale or redemption of investments
22		from the Capital Development Fund, the Transportation Bond,
23		Series B Fund, the School Construction Fund, the
24		Anti-Pollution Fund, and the Coal Development Fund shall be

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1		deposited by the State Treasurer in the General Revenue Fund.
2		Monies from the sale or redemption of investments from the
3		General Obligation Bond Retirement and Interest Fund shall be
4		deposited in the General Obligation Bond Retirement and
5		Interest Fund.
6		(c) Monies from the Capital Development Fund, the
7		Transportation Bond, Series A Fund, the Transportation Bond,
8		Series B Fund, the Multi-modal Transportation Bond Fund, the
9		School Construction Fund, the Anti-Pollution Fund, and the
10		Coal Development Fund may be invested as permitted in the
11		Deposit of State Moneys Act "AN ACT in relation to State
12		moneys", approved June 28, 1919, as amended and in the Public
13		Funds Investment Act "AN ACT relating to certain investments
14		of public funds by public agencies", approved July 23, 1943,
15		as amended. Monies from the General Obligation Bond Retirement
16		and Interest Fund may be invested in securities constituting
17		direct obligations of the United States Government, or
18		obligations, the principal of and interest on which are
19		guaranteed by the United States Government, or certificates of
20		deposit of any state or national bank or savings and loan
21		association. For amounts not insured by the Federal Deposit
22		Insurance Corporation or the Federal Savings and Loan
23		Insurance Corporation, as security the State Treasurer shall
24		accept securities constituting direct obligations of the
25		United States Government, or obligations, the principal of and
26		interest on which are guaranteed by the United States

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1		Government.
2		(d) Accrued interest paid to the State at the time of the
3		delivery of the Bonds shall be deposited into the General
4		Obligation Bond Retirement and Interest Fund in the State
5		Treasury.
6		(Source: P.A. 101-30, eff. 6-28-19; revised 8-13-19.)
7		Section 190. The Illinois Procurement Code is amended by
8		changing Sections 1-10 and 45-35 and by setting forth,
9		renumbering, and changing multiple versions of Section 1-35 as
10		follows:
11		(30 ILCS 500/1-10)
12		Sec. 1-10. Application.
13		(a) This Code applies only to procurements for which
14		bidders, offerors, potential contractors, or contractors were
15		first solicited on or after July 1, 1998. This Code shall not
16		be construed to affect or impair any contract, or any
17		provision of a contract, entered into based on a solicitation
18		prior to the implementation date of this Code as described in
19		Article 99, including, but not limited to, any covenant
20		entered into with respect to any revenue bonds or similar
21		instruments. All procurements for which contracts are
22		solicited between the effective date of Articles 50 and 99 and
23		July 1, 1998 shall be substantially in accordance with this
24		Code and its intent.

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1		(b) This Code shall apply regardless of the source of the
2		funds with which the contracts are paid, including federal
3		assistance moneys. This Code shall not apply to:
4		(1) Contracts between the State and its political
5		subdivisions or other governments, or between State
6		governmental bodies, except as specifically provided in
7		this Code.
8		(2) Grants, except for the filing requirements of
9		Section 20-80.
10		(3) Purchase of care, except as provided in Section
11		5-30.6 of the Illinois Public Aid Code and this Section.
12		(4) Hiring of an individual as employee and not as an
13		independent contractor, whether pursuant to an employment
14		code or policy or by contract directly with that
15		individual.
16		(5) Collective bargaining contracts.
17		(6) Purchase of real estate, except that notice of
18		this type of contract with a value of more than $25,000
19		must be published in the Procurement Bulletin within 10
20		calendar days after the deed is recorded in the county of
21		jurisdiction. The notice shall identify the real estate
22		purchased, the names of all parties to the contract, the
23		value of the contract, and the effective date of the
24		contract.
25		(7) Contracts necessary to prepare for anticipated
26		litigation, enforcement actions, or investigations,

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1		provided that the chief legal counsel to the Governor
2		shall give his or her prior approval when the procuring
3		agency is one subject to the jurisdiction of the Governor,
4		and provided that the chief legal counsel of any other
5		procuring entity subject to this Code shall give his or
6		her prior approval when the procuring entity is not one
7		subject to the jurisdiction of the Governor.
8		(8) (Blank).
9		(9) Procurement expenditures by the Illinois
10		Conservation Foundation when only private funds are used.
11		(10) (Blank).
12		(11) Public-private agreements entered into according
13		to the procurement requirements of Section 20 of the
14		Public-Private Partnerships for Transportation Act and
15		design-build agreements entered into according to the
16		procurement requirements of Section 25 of the
17		Public-Private Partnerships for Transportation Act.
18		(12) Contracts for legal, financial, and other
19		professional and artistic services entered into on or
20		before December 31, 2018 by the Illinois Finance Authority
21		in which the State of Illinois is not obligated. Such
22		contracts shall be awarded through a competitive process
23		authorized by the Board of the Illinois Finance Authority
24		and are subject to Sections 5-30, 20-160, 50-13, 50-20,
25		50-35, and 50-37 of this Code, as well as the final
26		approval by the Board of the Illinois Finance Authority of

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1		the terms of the contract.
2		(13) Contracts for services, commodities, and
3		equipment to support the delivery of timely forensic
4		science services in consultation with and subject to the
5		approval of the Chief Procurement Officer as provided in
6		subsection (d) of Section 5-4-3a of the Unified Code of
7		Corrections, except for the requirements of Sections
8		20-60, 20-65, 20-70, and 20-160 and Article 50 of this
9		Code; however, the Chief Procurement Officer may, in
10		writing with justification, waive any certification
11		required under Article 50 of this Code. For any contracts
12		for services which are currently provided by members of a
13		collective bargaining agreement, the applicable terms of
14		the collective bargaining agreement concerning
15		subcontracting shall be followed.
16		On and after January 1, 2019, this paragraph (13),
17		except for this sentence, is inoperative.
18		(14) Contracts for participation expenditures required
19		by a domestic or international trade show or exhibition of
20		an exhibitor, member, or sponsor.
21		(15) Contracts with a railroad or utility that
22		requires the State to reimburse the railroad or utilities
23		for the relocation of utilities for construction or other
24		public purpose. Contracts included within this paragraph
25		(15) shall include, but not be limited to, those
26		associated with: relocations, crossings, installations,

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1		and maintenance. For the purposes of this paragraph (15),
2		"railroad" means any form of non-highway ground
3		transportation that runs on rails or electromagnetic
4		guideways and "utility" means: (1) public utilities as
5		defined in Section 3-105 of the Public Utilities Act, (2)
6		telecommunications carriers as defined in Section 13-202
7		of the Public Utilities Act, (3) electric cooperatives as
8		defined in Section 3.4 of the Electric Supplier Act, (4)
9		telephone or telecommunications cooperatives as defined in
10		Section 13-212 of the Public Utilities Act, (5) rural
11		water or waste water systems with 10,000 connections or
12		less, (6) a holder as defined in Section 21-201 of the
13		Public Utilities Act, and (7) municipalities owning or
14		operating utility systems consisting of public utilities
15		as that term is defined in Section 11-117-2 of the
16		Illinois Municipal Code.
17		(16) Procurement expenditures necessary for the
18		Department of Public Health to provide the delivery of
19		timely newborn screening services in accordance with the
20		Newborn Metabolic Screening Act.
21		(17) Procurement expenditures necessary for the
22		Department of Agriculture, the Department of Financial and
23		Professional Regulation, the Department of Human Services,
24		and the Department of Public Health to implement the
25		Compassionate Use of Medical Cannabis Program and Opioid
26		Alternative Pilot Program requirements and ensure access

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1		to medical cannabis for patients with debilitating medical
2		conditions in accordance with the Compassionate Use of
3		Medical Cannabis Program Act.
4		(18) This Code does not apply to any procurements
5		necessary for the Department of Agriculture, the
6		Department of Financial and Professional Regulation, the
7		Department of Human Services, the Department of Commerce
8		and Economic Opportunity, and the Department of Public
9		Health to implement the Cannabis Regulation and Tax Act if
10		the applicable agency has made a good faith determination
11		that it is necessary and appropriate for the expenditure
12		to fall within this exemption and if the process is
13		conducted in a manner substantially in accordance with the
14		requirements of Sections 20-160, 25-60, 30-22, 50-5,
15		50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
16		50-36, 50-37, 50-38, and 50-50 of this Code; however, for
17		Section 50-35, compliance applies only to contracts or
18		subcontracts over $100,000. Notice of each contract
19		entered into under this paragraph (18) that is related to
20		the procurement of goods and services identified in
21		paragraph (1) through (9) of this subsection shall be
22		published in the Procurement Bulletin within 14 calendar
23		days after contract execution. The Chief Procurement
24		Officer shall prescribe the form and content of the
25		notice. Each agency shall provide the Chief Procurement
26		Officer, on a monthly basis, in the form and content

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1		prescribed by the Chief Procurement Officer, a report of
2		contracts that are related to the procurement of goods and
3		services identified in this subsection. At a minimum, this
4		report shall include the name of the contractor, a
5		description of the supply or service provided, the total
6		amount of the contract, the term of the contract, and the
7		exception to this Code utilized. A copy of any or all of
8		these contracts shall be made available to the Chief
9		Procurement Officer immediately upon request. The Chief
10		Procurement Officer shall submit a report to the Governor
11		and General Assembly no later than November 1 of each year
12		that includes, at a minimum, an annual summary of the
13		monthly information reported to the Chief Procurement
14		Officer. This exemption becomes inoperative 5 years after
15		June 25, 2019 (the effective date of Public Act 101-27)
16		this amendatory Act of the 101st General Assembly.
17		Notwithstanding any other provision of law, for contracts
18		entered into on or after October 1, 2017 under an exemption
19		provided in any paragraph of this subsection (b), except
20		paragraph (1), (2), or (5), each State agency shall post to the
21		appropriate procurement bulletin the name of the contractor, a
22		description of the supply or service provided, the total
23		amount of the contract, the term of the contract, and the
24		exception to the Code utilized. The chief procurement officer
25		shall submit a report to the Governor and General Assembly no
26		later than November 1 of each year that shall include, at a

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1		minimum, an annual summary of the monthly information reported
2		to the chief procurement officer.
3		(c) This Code does not apply to the electric power
4		procurement process provided for under Section 1-75 of the
5		Illinois Power Agency Act and Section 16-111.5 of the Public
6		Utilities Act.
7		(d) Except for Section 20-160 and Article 50 of this Code,
8		and as expressly required by Section 9.1 of the Illinois
9		Lottery Law, the provisions of this Code do not apply to the
10		procurement process provided for under Section 9.1 of the
11		Illinois Lottery Law.
12		(e) This Code does not apply to the process used by the
13		Capital Development Board to retain a person or entity to
14		assist the Capital Development Board with its duties related
15		to the determination of costs of a clean coal SNG brownfield
16		facility, as defined by Section 1-10 of the Illinois Power
17		Agency Act, as required in subsection (h-3) of Section 9-220
18		of the Public Utilities Act, including calculating the range
19		of capital costs, the range of operating and maintenance
20		costs, or the sequestration costs or monitoring the
21		construction of clean coal SNG brownfield facility for the
22		full duration of construction.
23		(f) (Blank).
24		(g) (Blank).
25		(h) This Code does not apply to the process to procure or
26		contracts entered into in accordance with Sections 11-5.2 and

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1		11-5.3 of the Illinois Public Aid Code.
2		(i) Each chief procurement officer may access records
3		necessary to review whether a contract, purchase, or other
4		expenditure is or is not subject to the provisions of this
5		Code, unless such records would be subject to attorney-client
6		privilege.
7		(j) This Code does not apply to the process used by the
8		Capital Development Board to retain an artist or work or works
9		of art as required in Section 14 of the Capital Development
10		Board Act.
11		(k) This Code does not apply to the process to procure
12		contracts, or contracts entered into, by the State Board of
13		Elections or the State Electoral Board for hearing officers
14		appointed pursuant to the Election Code.
15		(l) This Code does not apply to the processes used by the
16		Illinois Student Assistance Commission to procure supplies and
17		services paid for from the private funds of the Illinois
18		Prepaid Tuition Fund. As used in this subsection (l), "private
19		funds" means funds derived from deposits paid into the
20		Illinois Prepaid Tuition Trust Fund and the earnings thereon.
21		(Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18;
22		100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff.
23		6-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised
24		9-17-19.)
25		(30 ILCS 500/1-35)

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1		(Section scheduled to be repealed on July 17, 2021)
2		Sec. 1-35. Application to Quincy Veterans' Home. This
3		Code does not apply to any procurements related to the
4		renovation, restoration, rehabilitation, or rebuilding of the
5		Quincy Veterans' Home under the Quincy Veterans' Home
6		Rehabilitation and Rebuilding Act, provided that the process
7		shall be conducted in a manner substantially in accordance
8		with the requirements of the following Sections of this the
9		Illinois Procurement Code: 20-160, 25-60, 30-22, 50-5, 50-10,
10		50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36,
11		50-37, 50-38, and 50-50; however, for Section 50-35,
12		compliance shall apply only to contracts or subcontracts over
13		$100,000.
14		This Section is repealed 3 years after becoming law.
15		(Source: P.A. 100-610, eff. 7-17-18; revised 4-25-19.)
16		(30 ILCS 500/1-40)
17		Sec. 1-40 1-35. Application to James R. Thompson Center.
18		In accordance with Section 7.4 of the State Property Control
19		Act, this Code does not apply to any procurements related to
20		the sale of the James R. Thompson Center, provided that the
21		process shall be conducted in a manner substantially in
22		accordance with the requirements of the following Sections of
23		this the Illinois Procurement Code: 20-160, 50-5, 50-10,
24		50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36,
25		50-37, 50-38, and 50-50. The exemption contained in this

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1		Section does not apply to any leases involving the James R.
2		Thompson Center, including a leaseback authorized under
3		Section 7.4 of the State Property Control Act.
4		(Source: P.A. 100-1184, eff. 4-5-19; revised 4-25-19.)
5		(30 ILCS 500/45-35)
6		Sec. 45-35. Not-for-profit agencies for persons with
7		significant disabilities.
8		(a) Qualification. Supplies and services may be procured
9		without advertising or calling for bids from any qualified
10		not-for-profit agency for persons with significant
11		disabilities that:
12		(1) complies with Illinois laws governing private
13		not-for-profit organizations;
14		(2) is certified as a work center by the Wage and Hour
15		Division of the United States Department of Labor or is an
16		accredited vocational program that provides transition
17		services to youth between the ages of 14 1/2 and 22 in
18		accordance with individualized education plans under
19		Section 14-8.03 of the School Code and that provides
20		residential services at a child care institution, as
21		defined under Section 2.06 of the Child Care Act of 1969,
22		or at a group home, as defined under Section 2.16 of the
23		Child Care Act of 1969; and
24		(3) is accredited by a nationally-recognized
25		accrediting organization or certified as a developmental

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1		training provider by the Department of Human Services.
2		(b) Participation. To participate, the not-for-profit
3		agency must have indicated an interest in providing the
4		supplies and services, must meet the specifications and needs
5		of the using agency, and must set a fair and reasonable price.
6		(c) Committee. There is created within the Department of
7		Central Management Services a committee to facilitate the
8		purchase of products and services of persons with a
9		significant physical, developmental, or mental disability or a
10		combination of any of those disabilities who cannot engage in
11		normal competitive employment due to the significant
12		disability or combination of those disabilities. This
13		committee is called the State Use Committee. The State Use
14		Committee shall consist of the Director of the Department of
15		Central Management Services or his or her designee, the
16		Secretary Director of the Department of Human Services or his
17		or her designee, one public member representing private
18		business who is knowledgeable of the employment needs and
19		concerns of persons with developmental disabilities, one
20		public member representing private business who is
21		knowledgeable of the needs and concerns of rehabilitation
22		facilities, one public member who is knowledgeable of the
23		employment needs and concerns of persons with developmental
24		disabilities, one public member who is knowledgeable of the
25		needs and concerns of rehabilitation facilities, and 2 public
26		members from a statewide association that represents

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1		community-based rehabilitation facilities, all appointed by
2		the Governor. The public members shall serve 2 year terms,
3		commencing upon appointment and every 2 years thereafter. A
4		public member may be reappointed, and vacancies shall be
5		filled by appointment for the completion of the term. In the
6		event there is a vacancy on the State Use Committee, the
7		Governor must make an appointment to fill that vacancy within
8		30 calendar days after the notice of vacancy. The members
9		shall serve without compensation but shall be reimbursed for
10		expenses at a rate equal to that of State employees on a per
11		diem basis by the Department of Central Management Services.
12		All members shall be entitled to vote on issues before the
13		State Use Committee.
14		The State Use Committee shall have the following powers
15		and duties:
16		(1) To request from any State agency information as to
17		product specification and service requirements in order to
18		carry out its purpose.
19		(2) To meet quarterly or more often as necessary to
20		carry out its purposes.
21		(3) To request a quarterly report from each
22		participating qualified not-for-profit agency for persons
23		with significant disabilities describing the volume of
24		sales for each product or service sold under this Section.
25		(4) To prepare a report for the Governor and General
26		Assembly no later than December 31 of each year. The

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1		requirement for reporting to the General Assembly shall be
2		satisfied by following the procedures set forth in Section
3		3.1 of the General Assembly Organization Act.
4		(5) To prepare a publication that lists all supplies
5		and services currently available from any qualified
6		not-for-profit agency for persons with significant
7		disabilities. This list and any revisions shall be
8		distributed to all purchasing agencies.
9		(6) To encourage diversity in supplies and services
10		provided by qualified not-for-profit agencies for persons
11		with significant disabilities and discourage unnecessary
12		duplication or competition among not-for-profit agencies.
13		(7) To develop guidelines to be followed by qualifying
14		agencies for participation under the provisions of this
15		Section. Guidelines shall include a list of national
16		accrediting organizations which satisfy the requirements
17		of item (3) of subsection (a) of this Section. The
18		guidelines shall be developed within 6 months after the
19		effective date of this Code and made available on a
20		nondiscriminatory basis to all qualifying agencies. The
21		new guidelines required under this item (7) by Public Act
22		100-203 this amendatory Act of the 100th General Assembly
23		shall be developed within 6 months after August 18, 2017
24		(the effective date of Public Act 100-203) this amendatory
25		Act of the 100th General Assembly and made available on a
26		non-discriminatory basis to all qualifying not-for-profit

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1		agencies.
2		(8) To review all pricing submitted under the
3		provisions of this Section and may approve a proposed
4		agreement for supplies or services where the price
5		submitted is fair and reasonable.
6		(9) To, not less than every 3 years, adopt a strategic
7		plan for increasing the number of products and services
8		purchased from qualified not-for-profit agencies for
9		persons with significant disabilities, including the
10		feasibility of developing mandatory set-aside contracts.
11		(c-5) Conditions for Use. Each chief procurement officer
12		shall, in consultation with the State Use Committee, determine
13		which articles, materials, services, food stuffs, and supplies
14		that are produced, manufactured, or provided by persons with
15		significant disabilities in qualified not-for-profit agencies
16		shall be given preference by purchasing agencies procuring
17		those items.
18		(d) (Blank).
19		(e) Subcontracts. Subcontracts shall be permitted for
20		agreements authorized under this Section. For the purposes of
21		this subsection (e), "subcontract" means any acquisition from
22		another source of supplies, not including raw materials, or
23		services required by a qualified not-for-profit agency to
24		provide the supplies or services that are the subject of the
25		contract between the State and the qualified not-for-profit
26		agency.

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1		The State Use Committee shall develop guidelines to be
2		followed by qualified not-for-profit agencies when seeking and
3		establishing subcontracts with other persons or not-for-profit
4		agencies in order to fulfill State contract requirements.
5		These guidelines shall include the following:
6		(i) The State Use Committee must approve all
7		subcontracts and substantive amendments to subcontracts
8		prior to execution or amendment of the subcontract.
9		(ii) A qualified not-for-profit agency shall not enter
10		into a subcontract, or any combination of subcontracts, to
11		fulfill an entire requirement, contract, or order without
12		written State Use Committee approval.
13		(iii) A qualified not-for-profit agency shall make
14		reasonable efforts to utilize subcontracts with other
15		not-for-profit agencies for persons with significant
16		disabilities.
17		(iv) For any subcontract not currently performed by a
18		qualified not-for-profit agency, the primary qualified
19		not-for-profit agency must provide to the State Use
20		Committee the following: (A) a written explanation as to
21		why the subcontract is not performed by a qualified
22		not-for-profit agency, and (B) a written plan to transfer
23		the subcontract to a qualified not-for-profit agency, as
24		reasonable.
25		(Source: P.A. 100-203, eff. 8-18-17; revised 7-18-19.)

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1		Section 195. The Public-Private Partnership for Civic and
2		Transit Infrastructure Project Act is amended by changing the
3		heading of Article 25 and Sections 25-10, 25-20, 25-40, 25-45,
4		25-50, and 25-55 as follows:
5		(30 ILCS 558/Art. 25 heading)
6		Article 25. Public-Private Private-Public Partnership
7		(Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
8		(30 ILCS 558/25-10)
9		Sec. 25-10. Definitions. As used in this Act:
10		"Civic and Transit Infrastructure Project" or "civic
11		build" or "Project" means civic infrastructure, whether
12		publicly or privately owned, located in the City of Chicago,
13		generally within the boundaries of East 14th Street; extending
14		east to Lake Shore Drive; south to McCormick Place's North
15		Building; west to the outer boundary of the McCormick Place
16		busway and, where it extends farther west, the St. Charles
17		Airline; northwest to South Indiana Avenue; north to East 15th
18		Place; east to the McCormick Place busway; and north to East
19		14th Street, in total comprising approximately 34 acres,
20		including, without limitation: (1) streets, roadways,
21		pedestrian ways, commuter linkages and circulator transit
22		systems, bridges, tunnels, overpasses, bus ways, and guideways
23		connected to or adjacent to the Project; (2) utilities systems
24		and related facilities, utility relocations and replacements,

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1		utility-line extensions, network and communication systems,
2		streetscape improvements, drainage systems, sewer and water
3		systems, subgrade structures and associated improvements; (3)
4		landscaping, facade construction and restoration, wayfinding,
5		and signage; (4) public transportation and transit facilities
6		and related infrastructure, vehicle parking facilities, and
7		other facilities that encourage intermodal transportation and
8		public transit connected to or adjacent to the Project; (5)
9		railroad infrastructure, stations, maintenance and storage
10		facilities; (6) parks, plazas, atriums, civic and cultural
11		facilities, community and recreational facilities, facilities
12		to promote tourism and hospitality, educational facilities,
13		conferencing and conventions, broadcast and related multimedia
14		infrastructure, destination and community retail, dining and
15		entertainment facilities; and (7) other facilities with the
16		primary purpose of attracting and fostering economic
17		development within the area of the Civic and Transit
18		Infrastructure Project by generating additional tax base, all
19		as agreed upon in a public-private public private agreement.
20		"Civic build" includes any improvements or substantial
21		enhancements or modifications to civic infrastructure located
22		on or connected or adjacent to the Civic and Transit
23		Infrastructure Project. "Civic Build" does not include
24		commercial office, residential, or hotel facilities, or any
25		retail, dining, and entertainment included within such
26		facilities as part of a private build, constructed on or

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1		adjacent to the civic build.
2		"Civic build cost" means all costs of the civic build, as
3		specified in the public-private agreement, and includes,
4		without limitation, the cost of the following activities as
5		part of the Civic and Transit Infrastructure Project: (1)
6		acquiring or leasing real property, including air rights, and
7		other assets associated with the Project; (2) demolishing,
8		repairing, or rehabilitating buildings; (3) remediating land
9		and buildings as required to prepare the property for
10		development; (4) installing, constructing, or reconstructing,
11		elements of civic infrastructure required to support the
12		overall Project, including, without limitation, streets,
13		roadways, pedestrian ways and commuter linkages, utilities
14		systems and related facilities, utility relocations and
15		replacements, network and communication systems, streetscape
16		improvements, drainage systems, sewer and water systems,
17		subgrade structures and associated improvements, landscaping,
18		facade construction and restoration, wayfinding and signage,
19		and other components of community infrastructure; (5)
20		acquiring, constructing or reconstructing, and equipping
21		transit stations, parking facilities, and other facilities
22		that encourage intermodal transportation and public transit;
23		(6) installing, constructing or reconstructing, and equipping
24		core elements of civic infrastructure to promote and encourage
25		economic development, including, without limitation, parks,
26		cultural facilities, community and recreational facilities,

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1		facilities to promote tourism and hospitality, educational
2		facilities, conferencing and conventions, broadcast and
3		related multimedia infrastructure, destination and community
4		retail, dining and entertainment facilities, and other
5		facilities with the primary purpose of attracting and
6		fostering economic development within the area by generating a
7		new tax base; (7) providing related improvements, including,
8		without limitation, excavation, earth retention, soil
9		stabilization and correction, site improvements, and future
10		capital improvements and expenses; (8) planning, engineering,
11		legal, marketing, development, insurance, finance, and other
12		related professional services and costs associated with the
13		civic build; and (9) the commissioning or operational start-up
14		of any component of the civic build.
15		"Develop" or "development" means to do one or more of the
16		following: plan, design, develop, lease, acquire, install,
17		construct, reconstruct, repair, rehabilitate, replace, or
18		extend the Civic and Transit Infrastructure Project as
19		provided under this Act.
20		"Maintain" or "maintenance" includes ordinary maintenance,
21		repair, rehabilitation, capital maintenance, maintenance
22		replacement, and other categories of maintenance that may be
23		designated by the public-private agreement for the Civic and
24		Transit Infrastructure Project as provided under this Act.
25		"Operate" or "operation" means to do one or more of the
26		following: maintain, improve, equip, modify, or otherwise

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1		operate the Civic and Transit Infrastructure Project as
2		provided under this Act.
3		"Private build" means all commercial, industrial or
4		residential facilities, or property that is not included in
5		the definition of civic build. The private build may include
6		commercial office, residential, educational, health and
7		wellness, or hotel facilities constructed on or adjacent to
8		the civic build, and retail, dining, and entertainment
9		facilities that are not included as part of the civic build
10		under the public-private agreement.
11		"Private entity" means any private entity associated with
12		the Civic and Transit Infrastructure Project at the time of
13		execution and delivery of a public-private agreement, and its
14		successors or assigns. The private entity may enter into a
15		public-private agreement with the public agency on behalf of
16		the State for the development, financing, construction,
17		operational, or management of the Civic and Transit
18		Infrastructure Project under this Act.
19		"Public agency" means the Governor's Office of Management
20		and Budget.
21		"Public-private Public private agreement" or "agreement"
22		means one or more agreements or contracts entered into between
23		the public agency on behalf of the State and private entity,
24		and all schedules, exhibits, and attachments thereto, entered
25		into under this Act for the development, financing,
26		construction, operation, or management of the Civic and

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1		Transit Infrastructure Project, whereby the private entity
2		will develop, finance, construct, own, operate, and manage the
3		Project for a definite term in return for the right to receive
4		the revenues generated from the Project and other required
5		payments from the State, including, but not limited to, a
6		portion of the State sales taxes, as provided under this Act.
7		"Revenues" means all revenues, including, but not limited
8		to, income user fees; ticket fees; earnings, interest, lease
9		payments, allocations, moneys from the federal government,
10		grants, loans, lines of credit, credit guarantees, bond
11		proceeds, equity investments, service payments, or other
12		receipts arising out of or in connection with the financing,
13		development, construction, operation, and management of the
14		Project under this Act. "Revenues" does not include the State
15		payments to the Civic and Transit Infrastructure Fund as
16		required under this Act.
17		"State" means the State of Illinois.
18		"User fees" means the tolls, rates, fees, or other charges
19		imposed by the State or private entity for use of all or part
20		of the civic build.
21		(Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
22		(30 ILCS 558/25-20)
23		Sec. 25-20. Provisions of the public-private agreement.
24		The public-private agreement shall include at a minimum all of
25		the following provisions:

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1		(1) the term of the public-private public private
2		agreement;
3		(2) a detailed description of the civic build,
4		including the retail, dining, and entertainment components
5		of the civic build and a general description of the
6		anticipated future private build;
7		(3) the powers, duties, responsibilities, obligations,
8		and functions of the public agency and private entity;
9		(4) compensation or payments, including any
10		reimbursement for work performed and goods or services
11		provided, if any, owed to the public agency as the
12		administrator of the public-private agreement on behalf of
13		the State, as specified in the public-private agreement;
14		(5) compensation or payments to the private entity for
15		civic build costs, plus any required debt service payments
16		for the civic build, debt service reserves or sinking
17		funds, financing costs, payments for operation and
18		management of the civic build, payments representing the
19		reasonable return on the private equity investment in the
20		civic build, and payments in respect of the public use of
21		private land, air rights, or other real property interests
22		for the civic build;
23		(6) a provision granting the private entity with the
24		express authority to structure, negotiate, and execute
25		contracts and subcontracts with third parties to enable
26		the private entity to carry out its duties,

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1		responsibilities and obligations under this Act relating
2		to the development, financing, construction, management,
3		and operation of the civic build;
4		(7) a provision imposing an affirmative duty on the
5		private entity to provide the public agency with any
6		information the private entity reasonably believes the
7		public agency would need related to the civic build to
8		enable the public agency to exercise its powers, carry out
9		its duties, responsibilities, and obligations, and perform
10		its functions under this Act or the public-private
11		agreement;
12		(8) a provision requiring the private entity to
13		provide the public agency with advance notice of any
14		decision that has a material adverse impact on the public
15		interest related to the civic build so that the public
16		agency has a reasonable opportunity to evaluate that
17		decision;
18		(9) a requirement that the public agency monitor and
19		oversee the civic build and take action that the public
20		agency considers appropriate to ensure that the private
21		entity is in compliance with the terms of the
22		public-private public private agreement;
23		(10) the authority to impose user fees and the amounts
24		of those fees, if applicable, related to the civic build
25		subject to agreement with the private entity;
26		(11) a provision stating that the private entity shall

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1		have the right to all revenues generated from the civic
2		build until such time that the State takes ownership over
3		the civic build, at which point the State shall have the
4		right to all revenues generated from the civic build,
5		except as set forth in Section 25-45 45;
6		(12) a provision governing the rights to real and
7		personal property of the State, the public agency, the
8		private entity, and other third parties, if applicable,
9		relating to the civic build, including, but not limited
10		to, a provision relating to the State's ability to
11		exercise an option to purchase the civic build at varying
12		milestones of the Project agreed to amongst the parties in
13		the public-private public private agreement and consistent
14		with Section 25-45 45 of this Act;
15		(13) a provision regarding the implementation and
16		delivery of certain progress reports related to cost,
17		timelines, deadlines, and scheduling of the civic build;
18		(14) procedural requirements for obtaining the prior
19		approval of the public agency when rights that are the
20		subject of the public-private agreement relating to the
21		civic build, including, but not limited to, development
22		rights, construction rights, property rights, and rights
23		to certain revenues, are sold, assigned, transferred, or
24		pledged as collateral to secure financing or for any other
25		reason;
26		(15) grounds for termination of the public-private

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1		agreement by the public agency and the private entity;
2		(16) review of plans, including development,
3		construction, management, or operations plans by the
4		public agency related to the civic build;
5		(17) inspections by the public agency, including
6		inspections of construction work and improvements, related
7		to the civic build;
8		(18) rights and remedies of the public agency in the
9		event that the private entity defaults or otherwise fails
10		to comply with the terms of the public-private agreement
11		and the rights and remedies of the private entity in the
12		event that the public agency defaults or otherwise fails
13		to comply with the terms of the public-private agreement;
14		(19) a code of ethics for the private entity's
15		officers and employees;
16		(20) maintenance of public liability insurance or
17		other insurance requirements related to the civic build;
18		(21) provisions governing grants and loans, including
19		those received, or anticipated to be received, from the
20		federal government or any agency or instrumentality of the
21		federal government or from any State or local agency;
22		(22) the private entity's targeted business and
23		workforce participation program to meet the State's
24		utilization goals for business enterprises and workforce
25		involving minorities, women, persons with disabilities,
26		and veterans;

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1		(23) a provision regarding the rights of the public
2		agency and the State following completion of the civic
3		build and transfer to the State consistent with Section
4		25-45 45 of this Act;
5		(24) a provision detailing the Project's projected
6		long-range economic impacts, including projections of new
7		spending, construction jobs, and permanent, full-time
8		equivalent jobs;
9		(25) a provision detailing the Project's projected
10		support for regional and statewide transit impacts,
11		transportation mode shifts, and increased transit
12		ridership;
13		(26) a provision detailing the Project's projected
14		impact on increased convention and events visitation;
15		(27) procedures for amendment to the public-private
16		agreement;
17		(28) a provision detailing the processes and
18		procedures that will be followed for contracts and
19		purchases for the civic build; and
20		(29) all other terms, conditions, and provisions
21		acceptable to the public agency that the public agency
22		deems necessary and proper and in the best interest of the
23		State and the public.
24		(Source: P.A. 101-10, eff. 6-5-19; revised 7-22-19.)
25		(30 ILCS 558/25-40)

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1		Sec. 25-40. Financial arrangements.
2		(a) The public agency may apply for, execute, or endorse
3		applications submitted by the private entity to obtain
4		federal, State, or local credit assistance to develop,
5		maintain, or operate the Project.
6		(b) The private entity may take any action to obtain
7		federal, State, or local assistance for the civic build that
8		serves the public purpose of this Act and may enter into any
9		contracts required to receive the assistance. The public
10		agency shall take all reasonable steps to support action by
11		the private entity to obtain federal, State, or local
12		assistance for the civic build. The assistance may include,
13		but not be limited to, federal credit assistance pursuant to
14		Railroad Rehabilitation and Improvement Financing and the
15		Transportation Infrastructure Finance and Innovation Act. In
16		the event the private entity obtains federal, State, or local
17		assistance for the civic build that serves the public purpose
18		of this Act, the financial assistance shall reduce the State's
19		required payments under this Act on terms as mutually agreed
20		to by the parties in the public-private agreement.
21		(c) Any financing of the civic build costs may be in the
22		amounts and subject to the terms and conditions contained in
23		the public-private agreement.
24		(d) For the purpose of financing or refinancing the civic
25		build costs, the private entity and the public agency may do
26		the following: (1) enter into grant agreements; (2) accept

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1		grants from any public or private agency or entity; (3)
2		receive the required payments from the State under this Act;
3		and (4) receive any other payments or monies permitted under
4		this Act or agreed to by the parties in the public-private
5		agreement.
6		(e) For the purpose of financing or refinancing the civic
7		build, public funds may be used and mixed and aggregated with
8		private funds provided by or on behalf of the private entity or
9		other private entities. However, that the required payments
10		from the State under Sections 25-50 50 and 25-55 55 of this Act
11		shall be solely used for civic build costs, plus debt service
12		requirements of the civic build, debt service reserves or
13		sinking funds, financing costs, payments for operation and
14		management of the civic build, payments representing the
15		reasonable return on the private equity investment in the
16		civic build, and payments in respect of the public use of
17		private land, air rights, or other real property interests for
18		the civic build, if applicable.
19		(f) The public agency is authorized to facilitate conduit
20		tax-exempt or taxable debt financing, if agreed to between the
21		public agency and the private entity.
22		(Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
23		(30 ILCS 558/25-45)
24		Sec. 25-45. Term of agreement; transfer of the civic build
25		to the State. Following the completion of the Project and the

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1		termination of the public-private agreement, the private
2		entity's authority and duties under the public-private
3		agreement shall cease, except for those duties and obligations
4		that extend beyond the termination, as set forth in the
5		public-private public private agreement, which may include
6		ongoing management and operations of the civic build, and all
7		interests and ownership in the civic build shall transfer to
8		the State; provided that the State has made all required
9		payments to the private entity as required under this Act and
10		the public-private agreement. The State may also exercise an
11		option to not accept its interest and ownership in the civic
12		build. In the event the State exercises its option to not
13		accept its interest and ownership in the civic build, the
14		private entity shall maintain its interest and ownership in
15		the civic build and shall have the authority to maintain,
16		further develop, encumber, or sell the civic build consistent
17		with its authority as the owner of the civic build. In the
18		event the State exercises its option to have its interest and
19		ownership in the civic build after all required payments have
20		been made to the private entity consistent with the
21		public-private agreement and this Act, the private entity
22		shall have the authority to enter into an operating agreement
23		with the public agency, on such terms that are reasonable and
24		customary for operating agreements, to operate and manage the
25		civic build for an annual operator fee and payment from the
26		State representing a portion of the net operating income of

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1		the civic build as further defined and described in the
2		public-private public private agreement between the private
3		entity and the public agency.
4		(Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
5		(30 ILCS 558/25-50)
6		Sec. 25-50. Payment to the private entity.
7		(a) Notwithstanding anything in the public-private public
8		private agreement to the contrary: (1) the civic build cost
9		shall not exceed a total of $3,800,000,000; and (2) no State
10		equity payment shall be made prior to State fiscal year 2024 or
11		prior to completion of the civic build.
12		(b) The public agency shall be required to take all steps
13		necessary to facilitate the required payments to the Civic and
14		Transit Infrastructure Fund as set forth in Section 3 of the
15		Retailers' Occupation Tax and Section 8.25g of the State
16		Finance Act.
17		(Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
18		(30 ILCS 558/25-55)
19		Sec. 25-55. The Civic and Transit Infrastructure Fund. The
20		Civic and Transit Infrastructure Fund is created as a special
21		fund in the State Treasury. All moneys transferred to the
22		Civic and Transit Infrastructure Fund pursuant to Section
23		8.25g of the State Finance Act, Section 3 of the Retailers'
24		Occupation Act, and this Act shall be used only for the

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1		purposes authorized by and subject to the limitations and
2		conditions of this Act and the public-private public private
3		agreement entered into by private entity and the public agency
4		on behalf of the State. All payments required under such Acts
5		shall be direct, limited obligations of the State of Illinois
6		payable solely from and secured by an irrevocable, first
7		priority pledge of and lien on moneys on deposit in the Civic
8		and Transit Infrastructure Fund. The State of Illinois hereby
9		pledges the applicable sales tax revenues consistent with the
10		State Finance Act and this Act for the time period provided in
11		the public-private public private agreement between the
12		private entity and the Authority, on behalf of the State.
13		Moneys in the Civic and Transit Infrastructure Fund shall be
14		utilized by the public agency on behalf of the State to pay the
15		private entity for the development, financing, construction,
16		operation and management of the civic and transit
17		infrastructure project consistent with this Act and the
18		public-private public private agreement. Investment income, if
19		any, which is attributable to the investment of moneys in the
20		Civic and Transit Infrastructure Fund shall be retained in the
21		Fund for any required payment to the private entity under this
22		Act and the public-private public private agreement.
23		(Source: P.A. 101-10, eff. 6-5-19; revised 7-22-19.)
24		Section 200. The Business Enterprise for Minorities,
25		Women, and Persons with Disabilities Act is amended by

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1		changing Sections 4 and 5 as follows:
2		(30 ILCS 575/4) (from Ch. 127, par. 132.604)
3		(Section scheduled to be repealed on June 30, 2024)
4		Sec. 4. Award of State contracts.
5		(a) Except as provided in subsection (b), not less than
6		20% of the total dollar amount of State contracts, as defined
7		by the Secretary of the Council and approved by the Council,
8		shall be established as an aspirational goal to be awarded to
9		businesses owned by minorities, women, and persons with
10		disabilities; provided, however, that of the total amount of
11		all State contracts awarded to businesses owned by minorities,
12		women, and persons with disabilities pursuant to this Section,
13		contracts representing at least 11% shall be awarded to
14		businesses owned by minorities, contracts representing at
15		least 7% shall be awarded to women-owned businesses, and
16		contracts representing at least 2% shall be awarded to
17		businesses owned by persons with disabilities.
18		The above percentage relates to the total dollar amount of
19		State contracts during each State fiscal year, calculated by
20		examining independently each type of contract for each agency
21		or public institutions of higher education which lets such
22		contracts. Only that percentage of arrangements which
23		represents the participation of businesses owned by
24		minorities, women, and persons with disabilities on such
25		contracts shall be included. State contracts subject to the

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1		requirements of this Act shall include the requirement that
2		only expenditures to businesses owned by minorities, women,
3		and persons with disabilities that perform a commercially
4		useful function may be counted toward the goals set forth by
5		this Act. Contracts shall include a definition of
6		"commercially useful function" that is consistent with 49 CFR
7		26.55(c).
8		(b) Not less than 20% of the total dollar amount of State
9		construction contracts is established as an aspirational goal
10		to be awarded to businesses owned by minorities, women, and
11		persons with disabilities; provided that, contracts
12		representing at least 11% of the total dollar amount of State
13		construction contracts shall be awarded to businesses owned by
14		minorities; contracts representing at least 7% of the total
15		dollar amount of State construction contracts shall be awarded
16		to women-owned businesses; and contracts representing at least
17		2% of the total dollar amount of State construction contracts
18		shall be awarded to businesses owned by persons with
19		disabilities.
20		(c) (Blank).
21		(d) Within one year after April 28, 2009 (the effective
22		date of Public Act 96-8), the Department of Central Management
23		Services shall conduct a social scientific study that measures
24		the impact of discrimination on minority and women business
25		development in Illinois. Within 18 months after April 28, 2009
26		(the effective date of Public Act 96-8), the Department shall

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1		issue a report of its findings and any recommendations on
2		whether to adjust the goals for minority and women
3		participation established in this Act. Copies of this report
4		and the social scientific study shall be filed with the
5		Governor and the General Assembly.
6		By December 1, 2020, the Department of Central Management
7		Services shall conduct a new social scientific study that
8		measures the impact of discrimination on minority and women
9		business development in Illinois. By June 1, 2022, the
10		Department shall issue a report of its findings and any
11		recommendations on whether to adjust the goals for minority
12		and women participation established in this Act. Copies of
13		this report and the social scientific study shall be filed
14		with the Governor, the Advisory Board, and the General
15		Assembly. By December 1, 2022, the Department of Central
16		Management Services Business Enterprise Program shall develop
17		a model for social scientific disparity study sourcing for
18		local governmental units to adapt and implement to address
19		regional disparities in public procurement.
20		(e) Except as permitted under this Act or as otherwise
21		mandated by federal law or regulation, those who submit bids
22		or proposals for State contracts subject to the provisions of
23		this Act, whose bids or proposals are successful and include a
24		utilization plan but that fail to meet the goals set forth in
25		subsection (b) of this Section, shall be notified of that
26		deficiency and shall be afforded a period not to exceed 10

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1		calendar days from the date of notification to cure that
2		deficiency in the bid or proposal. The deficiency in the bid or
3		proposal may only be cured by contracting with additional
4		subcontractors who are owned by minorities or women. Any
5		increase in cost to a contract for the addition of a
6		subcontractor to cure a bid's deficiency shall not affect the
7		bid price, shall not be used in the request for an exemption in
8		this Act, and in no case shall an identified subcontractor
9		with a certification made pursuant to this Act be terminated
10		from the contract without the written consent of the State
11		agency or public institution of higher education entering into
12		the contract.
13		(f) Non-construction solicitations that include Business
14		Enterprise Program participation goals shall require bidders
15		and offerors to include utilization plans. Utilization plans
16		are due at the time of bid or offer submission. Failure to
17		complete and include a utilization plan, including
18		documentation demonstrating good faith effort when requesting
19		a waiver, shall render the bid or offer non-responsive.
20		(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
21		101-601, eff. 1-1-20; revised 10-26-20.)
22		(30 ILCS 575/5) (from Ch. 127, par. 132.605)
23		(Section scheduled to be repealed on June 30, 2024)
24		Sec. 5. Business Enterprise Council.
25		(1) To help implement, monitor, and enforce the goals of

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1		this Act, there is created the Business Enterprise Council for
2		Minorities, Women, and Persons with Disabilities, hereinafter
3		referred to as the Council, composed of the Secretary of Human
4		Services and the Directors of the Department of Human Rights,
5		the Department of Commerce and Economic Opportunity, the
6		Department of Central Management Services, the Department of
7		Transportation and the Capital Development Board, or their
8		duly appointed representatives, with the Comptroller, or his
9		or her designee, serving as an advisory member of the Council.
10		Ten individuals representing businesses that are
11		minority-owned, or women-owned, or owned by persons with
12		disabilities, 2 individuals representing the business
13		community, and a representative of public institutions of
14		higher education shall be appointed by the Governor. These
15		members shall serve 2-year 2 year terms and shall be eligible
16		for reappointment. Any vacancy occurring on the Council shall
17		also be filled by the Governor. Any member appointed to fill a
18		vacancy occurring prior to the expiration of the term for
19		which his or her predecessor was appointed shall be appointed
20		for the remainder of such term. Members of the Council shall
21		serve without compensation but shall be reimbursed for any
22		ordinary and necessary expenses incurred in the performance of
23		their duties.
24		The Director of the Department of Central Management
25		Services shall serve as the Council chairperson and shall
26		select, subject to approval of the council, a Secretary

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1		responsible for the operation of the program who shall serve
2		as the Division Manager of the Business Enterprise for
3		Minorities, Women, and Persons with Disabilities Division of
4		the Department of Central Management Services.
5		The Director of each State agency and the chief executive
6		officer of each public institution institutions of higher
7		education shall appoint a liaison to the Council. The liaison
8		shall be responsible for submitting to the Council any reports
9		and documents necessary under this Act.
10		(2) The Council's authority and responsibility shall be
11		to:
12		(a) Devise a certification procedure to assure that
13		businesses taking advantage of this Act are legitimately
14		classified as businesses owned by minorities, women, or
15		persons with disabilities and a registration procedure to
16		recognize, without additional evidence of Business
17		Enterprise Program eligibility, the certification of
18		businesses owned by minorities, women, or persons with
19		disabilities certified by the City of Chicago, Cook
20		County, or other jurisdictional programs with requirements
21		and procedures equaling or exceeding those in this Act.
22		(b) Maintain a list of all businesses legitimately
23		classified as businesses owned by minorities, women, or
24		persons with disabilities to provide to State agencies and
25		public institutions of higher education.
26		(c) Review rules and regulations for the

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1		implementation of the program for businesses owned by
2		minorities, women, and persons with disabilities.
3		(d) Review compliance plans submitted by each State
4		agency and public institution institutions of higher
5		education pursuant to this Act.
6		(e) Make annual reports as provided in Section 8f to
7		the Governor and the General Assembly on the status of the
8		program.
9		(f) Serve as a central clearinghouse for information
10		on State contracts, including the maintenance of a list of
11		all pending State contracts upon which businesses owned by
12		minorities, women, and persons with disabilities may bid.
13		At the Council's discretion, maintenance of the list may
14		include 24-hour electronic access to the list along with
15		the bid and application information.
16		(g) Establish a toll-free toll free telephone number
17		to facilitate information requests concerning the
18		certification process and pending contracts.
19		(3) No premium bond rate of a surety company for a bond
20		required of a business owned by a minority, woman, or person
21		with a disability bidding for a State contract shall be higher
22		than the lowest rate charged by that surety company for a
23		similar bond in the same classification of work that would be
24		written for a business not owned by a minority, woman, or
25		person with a disability.
26		(4) Any Council member who has direct financial or

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1		personal interest in any measure pending before the Council
2		shall disclose this fact to the Council and refrain from
3		participating in the determination upon such measure.
4		(5) The Secretary shall have the following duties and
5		responsibilities:
6		(a) To be responsible for the day-to-day operation of
7		the Council.
8		(b) To serve as a coordinator for all of the State's
9		programs for businesses owned by minorities, women, and
10		persons with disabilities and as the information and
11		referral center for all State initiatives for businesses
12		owned by minorities, women, and persons with disabilities.
13		(c) To establish an enforcement procedure whereby the
14		Council may recommend to the appropriate State legal
15		officer that the State exercise its legal remedies which
16		shall include (1) termination of the contract involved,
17		(2) prohibition of participation by the respondent in
18		public contracts for a period not to exceed 3 years, (3)
19		imposition of a penalty not to exceed any profit acquired
20		as a result of violation, or (4) any combination thereof.
21		Such procedures shall require prior approval by Council.
22		All funds collected as penalties under this subsection
23		shall be used exclusively for maintenance and further
24		development of the Business Enterprise Program and
25		encouragement of participation in State procurement by
26		minorities, women, and persons with disabilities.

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1		(d) To devise appropriate policies, regulations, and
2		procedures for including participation by businesses owned
3		by minorities, women, and persons with disabilities as
4		prime contractors, including, but not limited to: , (i)
5		encouraging the inclusions of qualified businesses owned
6		by minorities, women, and persons with disabilities on
7		solicitation lists, (ii) investigating the potential of
8		blanket bonding programs for small construction jobs, and
9		(iii) investigating and making recommendations concerning
10		the use of the sheltered market process.
11		(e) To devise procedures for the waiver of the
12		participation goals in appropriate circumstances.
13		(f) To accept donations and, with the approval of the
14		Council or the Director of Central Management Services,
15		grants related to the purposes of this Act; to conduct
16		seminars related to the purpose of this Act and to charge
17		reasonable registration fees; and to sell directories,
18		vendor lists, and other such information to interested
19		parties, except that forms necessary to become eligible
20		for the program shall be provided free of charge to a
21		business or individual applying for the program.
22		(Source: P.A. 100-391, eff. 8-25-17; 100-801, eff. 8-10-18;
23		101-601, eff. 1-1-20; revised 8-18-20.)
24		Section 205. The State Property Control Act is amended by
25		setting forth, renumbering, and changing multiple versions of

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1		Section 7.7 as follows:
2		(30 ILCS 605/7.7)
3		Sec. 7.7. Michael A. Bilandic Building.
4		(a) On or prior to the disposition of the James R. Thompson
5		Center the existing executive offices of the Governor,
6		Lieutenant Governor, Secretary of State, Comptroller, and
7		Treasurer shall be relocated in the Michael A. Bilandic
8		Building located at 160 North LaSalle Street, Chicago,
9		Illinois. An officer shall occupy the designated space on the
10		same terms and conditions applicable on April 5, 2019 (the
11		effective date of Public Act 100-1184) this amendatory Act of
12		the 100th General Assembly. An executive officer may choose to
13		locate in alternative offices within the City of Chicago.
14		(b) The four caucuses of the General Assembly shall be
15		given space within the Michael A. Bilandic Building. Any
16		caucus located in the building on or prior to April 5, 2019
17		(the effective date of Public Act 100-1184) this amendatory
18		Act of the 100th General Assembly shall continue to occupy
19		their designated space on the same terms and conditions
20		applicable on April 5, 2019 (the effective date of Public Act
21		100-1184) this amendatory Act of the 100th General Assembly.
22		(Source: P.A. 100-1184, eff. 4-5-19; revised 9-24-19.)
23		(30 ILCS 605/7.8)
24		Sec. 7.8 7.7. Public university surplus real estate.

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1		(a) Notwithstanding any other provision of this Act or any
2		other law to the contrary, the Board of Trustees of any public
3		institution of higher education in this State, as defined in
4		subsection (d), is authorized to dispose of surplus real
5		estate of that public institution of higher education as
6		provided under subsection (b).
7		(b) The Board of Trustees of any public institution of
8		higher education in this State may sell, lease, or otherwise
9		transfer and convey all or part of real estate deemed by the
10		Board to be surplus real estate, together with the
11		improvements situated thereon, to a bona fide purchaser for
12		value and on such terms as the Board shall determine are in the
13		best interests of that public institution of higher education
14		and consistent with that institution's objects and purposes.
15		(c) A Board of Trustees disposing of surplus real estate
16		may retain the proceeds from the sale, lease, or other
17		transfer of all or any part of the real estate deemed surplus
18		real estate under subsection (b), including the improvements
19		situated thereon, in a separate account in the treasury of the
20		public institution of higher education for the purpose of
21		deferred maintenance and emergency repair of institution
22		property. The Auditor General shall examine the separate
23		account to ensure the use or deposit of the proceeds
24		authorized under this subsection (c) in a manner consistent
25		with the stated purpose.
26		(d) For the purposes of this Section, "public institution

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1		of higher education" or "institution" means the University of
2		Illinois; Southern Illinois University; Chicago State
3		University; Eastern Illinois University; Governors State
4		University; Illinois State University; Northeastern Illinois
5		University; Northern Illinois University; Western Illinois
6		University; and any other public universities, now or
7		hereafter established or authorized by the General Assembly.
8		(Source: P.A. 101-213, eff. 8-7-19; revised 9-24-19.)
9		Section 210. The Park and Recreational Facility
10		Construction Act of 2009 is amended by changing Section 10-1
11		as follows:
12		(30 ILCS 764/10-1)
13		Sec. 10-1. Short title. This Article Act may be cited as
14		the Park and Recreational Facility Construction Act of 2009.
15		References in this Article to "this Act" mean this Article.
16		(Source: P.A. 96-820, eff. 11-18-09; revised 7-18-19.)
17		Section 215. The State Mandates Act is amended by changing
18		Sections 8.43 and 8.44 as follows:
19		(30 ILCS 805/8.43)
20		Sec. 8.43. Exempt mandate.
21		(a) Notwithstanding Sections 6 and 8 of this Act, no
22		reimbursement by the State is required for the implementation

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1		of any mandate created by Public Act 101-11, 101-49, 101-275,
2		101-320, 101-377, 101-387, 101-474, 101-492, 101-502, 101-504,
3		101-522, 101-610, or 101-627 or this amendatory Act of the
4		101st General Assembly.
5		(b) Notwithstanding Sections 6 and 8 of this Act, no
6		reimbursement by the State is required for the implementation
7		of any mandate created by the Seizure Smart School Act.
8		(Source: P.A. 101-11, eff. 6-7-19; 101-49, eff. 7-12-19;
9		101-50, eff. 7-1-20; 101-275, eff. 8-9-19; 101-320, eff.
10		8-9-19; 101-377, eff. 8-16-19; 101-387, eff. 8-16-19; 101-474,
11		eff. 8-23-19; 101-492, eff. 8-23-19; 101-502, eff. 8-23-19;
12		101-504, eff. 7-1-20; 101-522, eff. 8-23-19; 101-610, eff.
13		1-1-20; 101-627, eff. 1-24-20; revised 8-4-20.)
14		(30 ILCS 805/8.44)
15		Sec. 8.44. Exempt mandate.
16		(a) Notwithstanding Sections 6 and 8 of this Act, no
17		reimbursement by the State is required for the implementation
18		of any mandate created by Section 4-7 of the Illinois Local
19		Library Act or Section 30-55.60 of the Public Library District
20		Act of 1991.
21		(b) Notwithstanding Sections 6 and 8 of this Act, no
22		reimbursement by the State is required for the implementation
23		of any mandate created by Public Act 101-633 this amendatory
24		Act of the 101st General Assembly.
25		(Source: P.A. 101-632, eff. 6-5-20; 101-633, eff. 6-5-20;

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1		revised 7-28-20.)
2		Section 220. The Illinois Income Tax Act is amended by
3		changing Sections 203, 304, and 701 and by setting forth and
4		renumbering multiple versions of Section 229 as follows:
5		(35 ILCS 5/203) (from Ch. 120, par. 2-203)
6		Sec. 203. Base income defined.
7		(a) Individuals.
8		(1) In general. In the case of an individual, base
9		income means an amount equal to the taxpayer's adjusted
10		gross income for the taxable year as modified by paragraph
11		(2).
12		(2) Modifications. The adjusted gross income referred
13		to in paragraph (1) shall be modified by adding thereto
14		the sum of the following amounts:
15		(A) An amount equal to all amounts paid or accrued
16		to the taxpayer as interest or dividends during the
17		taxable year to the extent excluded from gross income
18		in the computation of adjusted gross income, except
19		stock dividends of qualified public utilities
20		described in Section 305(e) of the Internal Revenue
21		Code;
22		(B) An amount equal to the amount of tax imposed by
23		this Act to the extent deducted from gross income in
24		the computation of adjusted gross income for the

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1		taxable year;
2		(C) An amount equal to the amount received during
3		the taxable year as a recovery or refund of real
4		property taxes paid with respect to the taxpayer's
5		principal residence under the Revenue Act of 1939 and
6		for which a deduction was previously taken under
7		subparagraph (L) of this paragraph (2) prior to July
8		1, 1991, the retrospective application date of Article
9		4 of Public Act 87-17. In the case of multi-unit or
10		multi-use structures and farm dwellings, the taxes on
11		the taxpayer's principal residence shall be that
12		portion of the total taxes for the entire property
13		which is attributable to such principal residence;
14		(D) An amount equal to the amount of the capital
15		gain deduction allowable under the Internal Revenue
16		Code, to the extent deducted from gross income in the
17		computation of adjusted gross income;
18		(D-5) An amount, to the extent not included in
19		adjusted gross income, equal to the amount of money
20		withdrawn by the taxpayer in the taxable year from a
21		medical care savings account and the interest earned
22		on the account in the taxable year of a withdrawal
23		pursuant to subsection (b) of Section 20 of the
24		Medical Care Savings Account Act or subsection (b) of
25		Section 20 of the Medical Care Savings Account Act of
26		2000;

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1		(D-10) For taxable years ending after December 31,
2		1997, an amount equal to any eligible remediation
3		costs that the individual deducted in computing
4		adjusted gross income and for which the individual
5		claims a credit under subsection (l) of Section 201;
6		(D-15) For taxable years 2001 and thereafter, an
7		amount equal to the bonus depreciation deduction taken
8		on the taxpayer's federal income tax return for the
9		taxable year under subsection (k) of Section 168 of
10		the Internal Revenue Code;
11		(D-16) If the taxpayer sells, transfers, abandons,
12		or otherwise disposes of property for which the
13		taxpayer was required in any taxable year to make an
14		addition modification under subparagraph (D-15), then
15		an amount equal to the aggregate amount of the
16		deductions taken in all taxable years under
17		subparagraph (Z) with respect to that property.
18		If the taxpayer continues to own property through
19		the last day of the last tax year for which the
20		taxpayer may claim a depreciation deduction for
21		federal income tax purposes and for which the taxpayer
22		was allowed in any taxable year to make a subtraction
23		modification under subparagraph (Z), then an amount
24		equal to that subtraction modification.
25		The taxpayer is required to make the addition
26		modification under this subparagraph only once with

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1		respect to any one piece of property;
2		(D-17) An amount equal to the amount otherwise
3		allowed as a deduction in computing base income for
4		interest paid, accrued, or incurred, directly or
5		indirectly, (i) for taxable years ending on or after
6		December 31, 2004, to a foreign person who would be a
7		member of the same unitary business group but for the
8		fact that foreign person's business activity outside
9		the United States is 80% or more of the foreign
10		person's total business activity and (ii) for taxable
11		years ending on or after December 31, 2008, to a person
12		who would be a member of the same unitary business
13		group but for the fact that the person is prohibited
14		under Section 1501(a)(27) from being included in the
15		unitary business group because he or she is ordinarily
16		required to apportion business income under different
17		subsections of Section 304. The addition modification
18		required by this subparagraph shall be reduced to the
19		extent that dividends were included in base income of
20		the unitary group for the same taxable year and
21		received by the taxpayer or by a member of the
22		taxpayer's unitary business group (including amounts
23		included in gross income under Sections 951 through
24		964 of the Internal Revenue Code and amounts included
25		in gross income under Section 78 of the Internal
26		Revenue Code) with respect to the stock of the same

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1		person to whom the interest was paid, accrued, or
2		incurred.
3		This paragraph shall not apply to the following:
4		(i) an item of interest paid, accrued, or
5		incurred, directly or indirectly, to a person who
6		is subject in a foreign country or state, other
7		than a state which requires mandatory unitary
8		reporting, to a tax on or measured by net income
9		with respect to such interest; or
10		(ii) an item of interest paid, accrued, or
11		incurred, directly or indirectly, to a person if
12		the taxpayer can establish, based on a
13		preponderance of the evidence, both of the
14		following:
15		(a) the person, during the same taxable
16		year, paid, accrued, or incurred, the interest
17		to a person that is not a related member, and
18		(b) the transaction giving rise to the
19		interest expense between the taxpayer and the
20		person did not have as a principal purpose the
21		avoidance of Illinois income tax, and is paid
22		pursuant to a contract or agreement that
23		reflects an arm's-length interest rate and
24		terms; or
25		(iii) the taxpayer can establish, based on
26		clear and convincing evidence, that the interest

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1		paid, accrued, or incurred relates to a contract
2		or agreement entered into at arm's-length rates
3		and terms and the principal purpose for the
4		payment is not federal or Illinois tax avoidance;
5		or
6		(iv) an item of interest paid, accrued, or
7		incurred, directly or indirectly, to a person if
8		the taxpayer establishes by clear and convincing
9		evidence that the adjustments are unreasonable; or
10		if the taxpayer and the Director agree in writing
11		to the application or use of an alternative method
12		of apportionment under Section 304(f).
13		Nothing in this subsection shall preclude the
14		Director from making any other adjustment
15		otherwise allowed under Section 404 of this Act
16		for any tax year beginning after the effective
17		date of this amendment provided such adjustment is
18		made pursuant to regulation adopted by the
19		Department and such regulations provide methods
20		and standards by which the Department will utilize
21		its authority under Section 404 of this Act;
22		(D-18) An amount equal to the amount of intangible
23		expenses and costs otherwise allowed as a deduction in
24		computing base income, and that were paid, accrued, or
25		incurred, directly or indirectly, (i) for taxable
26		years ending on or after December 31, 2004, to a

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1		foreign person who would be a member of the same
2		unitary business group but for the fact that the
3		foreign person's business activity outside the United
4		States is 80% or more of that person's total business
5		activity and (ii) for taxable years ending on or after
6		December 31, 2008, to a person who would be a member of
7		the same unitary business group but for the fact that
8		the person is prohibited under Section 1501(a)(27)
9		from being included in the unitary business group
10		because he or she is ordinarily required to apportion
11		business income under different subsections of Section
12		304. The addition modification required by this
13		subparagraph shall be reduced to the extent that
14		dividends were included in base income of the unitary
15		group for the same taxable year and received by the
16		taxpayer or by a member of the taxpayer's unitary
17		business group (including amounts included in gross
18		income under Sections 951 through 964 of the Internal
19		Revenue Code and amounts included in gross income
20		under Section 78 of the Internal Revenue Code) with
21		respect to the stock of the same person to whom the
22		intangible expenses and costs were directly or
23		indirectly paid, incurred, or accrued. The preceding
24		sentence does not apply to the extent that the same
25		dividends caused a reduction to the addition
26		modification required under Section 203(a)(2)(D-17) of

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1		this Act. As used in this subparagraph, the term
2		"intangible expenses and costs" includes (1) expenses,
3		losses, and costs for, or related to, the direct or
4		indirect acquisition, use, maintenance or management,
5		ownership, sale, exchange, or any other disposition of
6		intangible property; (2) losses incurred, directly or
7		indirectly, from factoring transactions or discounting
8		transactions; (3) royalty, patent, technical, and
9		copyright fees; (4) licensing fees; and (5) other
10		similar expenses and costs. For purposes of this
11		subparagraph, "intangible property" includes patents,
12		patent applications, trade names, trademarks, service
13		marks, copyrights, mask works, trade secrets, and
14		similar types of intangible assets.
15		This paragraph shall not apply to the following:
16		(i) any item of intangible expenses or costs
17		paid, accrued, or incurred, directly or
18		indirectly, from a transaction with a person who
19		is subject in a foreign country or state, other
20		than a state which requires mandatory unitary
21		reporting, to a tax on or measured by net income
22		with respect to such item; or
23		(ii) any item of intangible expense or cost
24		paid, accrued, or incurred, directly or
25		indirectly, if the taxpayer can establish, based
26		on a preponderance of the evidence, both of the

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1		following:
2		(a) the person during the same taxable
3		year paid, accrued, or incurred, the
4		intangible expense or cost to a person that is
5		not a related member, and
6		(b) the transaction giving rise to the
7		intangible expense or cost between the
8		taxpayer and the person did not have as a
9		principal purpose the avoidance of Illinois
10		income tax, and is paid pursuant to a contract
11		or agreement that reflects arm's-length terms;
12		or
13		(iii) any item of intangible expense or cost
14		paid, accrued, or incurred, directly or
15		indirectly, from a transaction with a person if
16		the taxpayer establishes by clear and convincing
17		evidence, that the adjustments are unreasonable;
18		or if the taxpayer and the Director agree in
19		writing to the application or use of an
20		alternative method of apportionment under Section
21		304(f);
22		Nothing in this subsection shall preclude the
23		Director from making any other adjustment
24		otherwise allowed under Section 404 of this Act
25		for any tax year beginning after the effective
26		date of this amendment provided such adjustment is

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1		made pursuant to regulation adopted by the
2		Department and such regulations provide methods
3		and standards by which the Department will utilize
4		its authority under Section 404 of this Act;
5		(D-19) For taxable years ending on or after
6		December 31, 2008, an amount equal to the amount of
7		insurance premium expenses and costs otherwise allowed
8		as a deduction in computing base income, and that were
9		paid, accrued, or incurred, directly or indirectly, to
10		a person who would be a member of the same unitary
11		business group but for the fact that the person is
12		prohibited under Section 1501(a)(27) from being
13		included in the unitary business group because he or
14		she is ordinarily required to apportion business
15		income under different subsections of Section 304. The
16		addition modification required by this subparagraph
17		shall be reduced to the extent that dividends were
18		included in base income of the unitary group for the
19		same taxable year and received by the taxpayer or by a
20		member of the taxpayer's unitary business group
21		(including amounts included in gross income under
22		Sections 951 through 964 of the Internal Revenue Code
23		and amounts included in gross income under Section 78
24		of the Internal Revenue Code) with respect to the
25		stock of the same person to whom the premiums and costs
26		were directly or indirectly paid, incurred, or

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1		accrued. The preceding sentence does not apply to the
2		extent that the same dividends caused a reduction to
3		the addition modification required under Section
4		203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this
5		Act; .
6		(D-20) For taxable years beginning on or after
7		January 1, 2002 and ending on or before December 31,
8		2006, in the case of a distribution from a qualified
9		tuition program under Section 529 of the Internal
10		Revenue Code, other than (i) a distribution from a
11		College Savings Pool created under Section 16.5 of the
12		State Treasurer Act or (ii) a distribution from the
13		Illinois Prepaid Tuition Trust Fund, an amount equal
14		to the amount excluded from gross income under Section
15		529(c)(3)(B). For taxable years beginning on or after
16		January 1, 2007, in the case of a distribution from a
17		qualified tuition program under Section 529 of the
18		Internal Revenue Code, other than (i) a distribution
19		from a College Savings Pool created under Section 16.5
20		of the State Treasurer Act, (ii) a distribution from
21		the Illinois Prepaid Tuition Trust Fund, or (iii) a
22		distribution from a qualified tuition program under
23		Section 529 of the Internal Revenue Code that (I)
24		adopts and determines that its offering materials
25		comply with the College Savings Plans Network's
26		disclosure principles and (II) has made reasonable

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1		efforts to inform in-state residents of the existence
2		of in-state qualified tuition programs by informing
3		Illinois residents directly and, where applicable, to
4		inform financial intermediaries distributing the
5		program to inform in-state residents of the existence
6		of in-state qualified tuition programs at least
7		annually, an amount equal to the amount excluded from
8		gross income under Section 529(c)(3)(B).
9		For the purposes of this subparagraph (D-20), a
10		qualified tuition program has made reasonable efforts
11		if it makes disclosures (which may use the term
12		"in-state program" or "in-state plan" and need not
13		specifically refer to Illinois or its qualified
14		programs by name) (i) directly to prospective
15		participants in its offering materials or makes a
16		public disclosure, such as a website posting; and (ii)
17		where applicable, to intermediaries selling the
18		out-of-state program in the same manner that the
19		out-of-state program distributes its offering
20		materials;
21		(D-20.5) For taxable years beginning on or after
22		January 1, 2018, in the case of a distribution from a
23		qualified ABLE program under Section 529A of the
24		Internal Revenue Code, other than a distribution from
25		a qualified ABLE program created under Section 16.6 of
26		the State Treasurer Act, an amount equal to the amount

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1		excluded from gross income under Section 529A(c)(1)(B)
2		of the Internal Revenue Code;
3		(D-21) For taxable years beginning on or after
4		January 1, 2007, in the case of transfer of moneys from
5		a qualified tuition program under Section 529 of the
6		Internal Revenue Code that is administered by the
7		State to an out-of-state program, an amount equal to
8		the amount of moneys previously deducted from base
9		income under subsection (a)(2)(Y) of this Section;
10		(D-21.5) For taxable years beginning on or after
11		January 1, 2018, in the case of the transfer of moneys
12		from a qualified tuition program under Section 529 or
13		a qualified ABLE program under Section 529A of the
14		Internal Revenue Code that is administered by this
15		State to an ABLE account established under an
16		out-of-state ABLE account program, an amount equal to
17		the contribution component of the transferred amount
18		that was previously deducted from base income under
19		subsection (a)(2)(Y) or subsection (a)(2)(HH) of this
20		Section;
21		(D-22) For taxable years beginning on or after
22		January 1, 2009, and prior to January 1, 2018, in the
23		case of a nonqualified withdrawal or refund of moneys
24		from a qualified tuition program under Section 529 of
25		the Internal Revenue Code administered by the State
26		that is not used for qualified expenses at an eligible

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1		education institution, an amount equal to the
2		contribution component of the nonqualified withdrawal
3		or refund that was previously deducted from base
4		income under subsection (a)(2)(y) of this Section,
5		provided that the withdrawal or refund did not result
6		from the beneficiary's death or disability. For
7		taxable years beginning on or after January 1, 2018:
8		(1) in the case of a nonqualified withdrawal or
9		refund, as defined under Section 16.5 of the State
10		Treasurer Act, of moneys from a qualified tuition
11		program under Section 529 of the Internal Revenue Code
12		administered by the State, an amount equal to the
13		contribution component of the nonqualified withdrawal
14		or refund that was previously deducted from base
15		income under subsection (a)(2)(Y) of this Section, and
16		(2) in the case of a nonqualified withdrawal or refund
17		from a qualified ABLE program under Section 529A of
18		the Internal Revenue Code administered by the State
19		that is not used for qualified disability expenses, an
20		amount equal to the contribution component of the
21		nonqualified withdrawal or refund that was previously
22		deducted from base income under subsection (a)(2)(HH)
23		of this Section;
24		(D-23) An amount equal to the credit allowable to
25		the taxpayer under Section 218(a) of this Act,
26		determined without regard to Section 218(c) of this

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1		Act;
2		(D-24) For taxable years ending on or after
3		December 31, 2017, an amount equal to the deduction
4		allowed under Section 199 of the Internal Revenue Code
5		for the taxable year;
6		and by deducting from the total so obtained the sum of the
7		following amounts:
8		(E) For taxable years ending before December 31,
9		2001, any amount included in such total in respect of
10		any compensation (including but not limited to any
11		compensation paid or accrued to a serviceman while a
12		prisoner of war or missing in action) paid to a
13		resident by reason of being on active duty in the Armed
14		Forces of the United States and in respect of any
15		compensation paid or accrued to a resident who as a
16		governmental employee was a prisoner of war or missing
17		in action, and in respect of any compensation paid to a
18		resident in 1971 or thereafter for annual training
19		performed pursuant to Sections 502 and 503, Title 32,
20		United States Code as a member of the Illinois
21		National Guard or, beginning with taxable years ending
22		on or after December 31, 2007, the National Guard of
23		any other state. For taxable years ending on or after
24		December 31, 2001, any amount included in such total
25		in respect of any compensation (including but not
26		limited to any compensation paid or accrued to a

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1		serviceman while a prisoner of war or missing in
2		action) paid to a resident by reason of being a member
3		of any component of the Armed Forces of the United
4		States and in respect of any compensation paid or
5		accrued to a resident who as a governmental employee
6		was a prisoner of war or missing in action, and in
7		respect of any compensation paid to a resident in 2001
8		or thereafter by reason of being a member of the
9		Illinois National Guard or, beginning with taxable
10		years ending on or after December 31, 2007, the
11		National Guard of any other state. The provisions of
12		this subparagraph (E) are exempt from the provisions
13		of Section 250;
14		(F) An amount equal to all amounts included in
15		such total pursuant to the provisions of Sections
16		402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
17		408 of the Internal Revenue Code, or included in such
18		total as distributions under the provisions of any
19		retirement or disability plan for employees of any
20		governmental agency or unit, or retirement payments to
21		retired partners, which payments are excluded in
22		computing net earnings from self employment by Section
23		1402 of the Internal Revenue Code and regulations
24		adopted pursuant thereto;
25		(G) The valuation limitation amount;
26		(H) An amount equal to the amount of any tax

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1		imposed by this Act which was refunded to the taxpayer
2		and included in such total for the taxable year;
3		(I) An amount equal to all amounts included in
4		such total pursuant to the provisions of Section 111
5		of the Internal Revenue Code as a recovery of items
6		previously deducted from adjusted gross income in the
7		computation of taxable income;
8		(J) An amount equal to those dividends included in
9		such total which were paid by a corporation which
10		conducts business operations in a River Edge
11		Redevelopment Zone or zones created under the River
12		Edge Redevelopment Zone Act, and conducts
13		substantially all of its operations in a River Edge
14		Redevelopment Zone or zones. This subparagraph (J) is
15		exempt from the provisions of Section 250;
16		(K) An amount equal to those dividends included in
17		such total that were paid by a corporation that
18		conducts business operations in a federally designated
19		Foreign Trade Zone or Sub-Zone and that is designated
20		a High Impact Business located in Illinois; provided
21		that dividends eligible for the deduction provided in
22		subparagraph (J) of paragraph (2) of this subsection
23		shall not be eligible for the deduction provided under
24		this subparagraph (K);
25		(L) For taxable years ending after December 31,
26		1983, an amount equal to all social security benefits

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1		and railroad retirement benefits included in such
2		total pursuant to Sections 72(r) and 86 of the
3		Internal Revenue Code;
4		(M) With the exception of any amounts subtracted
5		under subparagraph (N), an amount equal to the sum of
6		all amounts disallowed as deductions by (i) Sections
7		171(a)(2), and 265(a)(2) of the Internal Revenue Code,
8		and all amounts of expenses allocable to interest and
9		disallowed as deductions by Section 265(a)(1) of the
10		Internal Revenue Code; and (ii) for taxable years
11		ending on or after August 13, 1999, Sections
12		171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
13		Internal Revenue Code, plus, for taxable years ending
14		on or after December 31, 2011, Section 45G(e)(3) of
15		the Internal Revenue Code and, for taxable years
16		ending on or after December 31, 2008, any amount
17		included in gross income under Section 87 of the
18		Internal Revenue Code; the provisions of this
19		subparagraph are exempt from the provisions of Section
20		250;
21		(N) An amount equal to all amounts included in
22		such total which are exempt from taxation by this
23		State either by reason of its statutes or Constitution
24		or by reason of the Constitution, treaties or statutes
25		of the United States; provided that, in the case of any
26		statute of this State that exempts income derived from

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1		bonds or other obligations from the tax imposed under
2		this Act, the amount exempted shall be the interest
3		net of bond premium amortization;
4		(O) An amount equal to any contribution made to a
5		job training project established pursuant to the Tax
6		Increment Allocation Redevelopment Act;
7		(P) An amount equal to the amount of the deduction
8		used to compute the federal income tax credit for
9		restoration of substantial amounts held under claim of
10		right for the taxable year pursuant to Section 1341 of
11		the Internal Revenue Code or of any itemized deduction
12		taken from adjusted gross income in the computation of
13		taxable income for restoration of substantial amounts
14		held under claim of right for the taxable year;
15		(Q) An amount equal to any amounts included in
16		such total, received by the taxpayer as an
17		acceleration in the payment of life, endowment or
18		annuity benefits in advance of the time they would
19		otherwise be payable as an indemnity for a terminal
20		illness;
21		(R) An amount equal to the amount of any federal or
22		State bonus paid to veterans of the Persian Gulf War;
23		(S) An amount, to the extent included in adjusted
24		gross income, equal to the amount of a contribution
25		made in the taxable year on behalf of the taxpayer to a
26		medical care savings account established under the

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

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1		care insurance may be deducted under Section 213 of
2		the Internal Revenue Code, has not been deducted on
3		the federal income tax return of the taxpayer, and
4		does not exceed the taxable income attributable to
5		that taxpayer's income, self-employment income, or
6		Subchapter S corporation income; except that no
7		deduction shall be allowed under this item (V) if the
8		taxpayer is eligible to participate in any health
9		insurance or long-term care insurance plan of an
10		employer of the taxpayer or the taxpayer's spouse. The
11		amount of the health insurance and long-term care
12		insurance subtracted under this item (V) shall be
13		determined by multiplying total health insurance and
14		long-term care insurance premiums paid by the taxpayer
15		times a number that represents the fractional
16		percentage of eligible medical expenses under Section
17		213 of the Internal Revenue Code of 1986 not actually
18		deducted on the taxpayer's federal income tax return;
19		(W) For taxable years beginning on or after
20		January 1, 1998, all amounts included in the
21		taxpayer's federal gross income in the taxable year
22		from amounts converted from a regular IRA to a Roth
23		IRA. This paragraph is exempt from the provisions of
24		Section 250;
25		(X) For taxable year 1999 and thereafter, an
26		amount equal to the amount of any (i) distributions,

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1		to the extent includible in gross income for federal
2		income tax purposes, made to the taxpayer because of
3		his or her status as a victim of persecution for racial
4		or religious reasons by Nazi Germany or any other Axis
5		regime or as an heir of the victim and (ii) items of
6		income, to the extent includible in gross income for
7		federal income tax purposes, attributable to, derived
8		from or in any way related to assets stolen from,
9		hidden from, or otherwise lost to a victim of
10		persecution for racial or religious reasons by Nazi
11		Germany or any other Axis regime immediately prior to,
12		during, and immediately after World War II, including,
13		but not limited to, interest on the proceeds
14		receivable as insurance under policies issued to a
15		victim of persecution for racial or religious reasons
16		by Nazi Germany or any other Axis regime by European
17		insurance companies immediately prior to and during
18		World War II; provided, however, this subtraction from
19		federal adjusted gross income does not apply to assets
20		acquired with such assets or with the proceeds from
21		the sale of such assets; provided, further, this
22		paragraph shall only apply to a taxpayer who was the
23		first recipient of such assets after their recovery
24		and who is a victim of persecution for racial or
25		religious reasons by Nazi Germany or any other Axis
26		regime or as an heir of the victim. The amount of and

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1		the eligibility for any public assistance, benefit, or
2		similar entitlement is not affected by the inclusion
3		of items (i) and (ii) of this paragraph in gross income
4		for federal income tax purposes. This paragraph is
5		exempt from the provisions of Section 250;
6		(Y) For taxable years beginning on or after
7		January 1, 2002 and ending on or before December 31,
8		2004, moneys contributed in the taxable year to a
9		College Savings Pool account under Section 16.5 of the
10		State Treasurer Act, except that amounts excluded from
11		gross income under Section 529(c)(3)(C)(i) of the
12		Internal Revenue Code shall not be considered moneys
13		contributed under this subparagraph (Y). For taxable
14		years beginning on or after January 1, 2005, a maximum
15		of $10,000 contributed in the taxable year to (i) a
16		College Savings Pool account under Section 16.5 of the
17		State Treasurer Act or (ii) the Illinois Prepaid
18		Tuition Trust Fund, except that amounts excluded from
19		gross income under Section 529(c)(3)(C)(i) of the
20		Internal Revenue Code shall not be considered moneys
21		contributed under this subparagraph (Y). For purposes
22		of this subparagraph, contributions made by an
23		employer on behalf of an employee, or matching
24		contributions made by an employee, shall be treated as
25		made by the employee. This subparagraph (Y) is exempt
26		from the provisions of Section 250;

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1		(Z) For taxable years 2001 and thereafter, for the
2		taxable year in which the bonus depreciation deduction
3		is taken on the taxpayer's federal income tax return
4		under subsection (k) of Section 168 of the Internal
5		Revenue Code and for each applicable taxable year
6		thereafter, an amount equal to "x", where:
7		(1) "y" equals the amount of the depreciation
8		deduction taken for the taxable year on the
9		taxpayer's federal income tax return on property
10		for which the bonus depreciation deduction was
11		taken in any year under subsection (k) of Section
12		168 of the Internal Revenue Code, but not
13		including the bonus depreciation deduction;
14		(2) for taxable years ending on or before
15		December 31, 2005, "x" equals "y" multiplied by 30
16		and then divided by 70 (or "y" multiplied by
17		0.429); and
18		(3) for taxable years ending after December
19		31, 2005:
20		(i) for property on which a bonus
21		depreciation deduction of 30% of the adjusted
22		basis was taken, "x" equals "y" multiplied by
23		30 and then divided by 70 (or "y" multiplied
24		by 0.429); and
25		(ii) for property on which a bonus
26		depreciation deduction of 50% of the adjusted

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1		basis was taken, "x" equals "y" multiplied by
2		1.0.
3		The aggregate amount deducted under this
4		subparagraph in all taxable years for any one piece of
5		property may not exceed the amount of the bonus
6		depreciation deduction taken on that property on the
7		taxpayer's federal income tax return under subsection
8		(k) of Section 168 of the Internal Revenue Code. This
9		subparagraph (Z) is exempt from the provisions of
10		Section 250;
11		(AA) If the taxpayer sells, transfers, abandons,
12		or otherwise disposes of property for which the
13		taxpayer was required in any taxable year to make an
14		addition modification under subparagraph (D-15), then
15		an amount equal to that addition modification.
16		If the taxpayer continues to own property through
17		the last day of the last tax year for which the
18		taxpayer may claim a depreciation deduction for
19		federal income tax purposes and for which the taxpayer
20		was required in any taxable year to make an addition
21		modification under subparagraph (D-15), then an amount
22		equal to that addition modification.
23		The taxpayer is allowed to take the deduction
24		under this subparagraph only once with respect to any
25		one piece of property.
26		This subparagraph (AA) is exempt from the

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1		provisions of Section 250;
2		(BB) Any amount included in adjusted gross income,
3		other than salary, received by a driver in a
4		ridesharing arrangement using a motor vehicle;
5		(CC) The amount of (i) any interest income (net of
6		the deductions allocable thereto) taken into account
7		for the taxable year with respect to a transaction
8		with a taxpayer that is required to make an addition
9		modification with respect to such transaction under
10		Section 203(a)(2)(D-17), 203(b)(2)(E-12),
11		203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
12		the amount of that addition modification, and (ii) any
13		income from intangible property (net of the deductions
14		allocable thereto) taken into account for the taxable
15		year with respect to a transaction with a taxpayer
16		that is required to make an addition modification with
17		respect to such transaction under Section
18		203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
19		203(d)(2)(D-8), but not to exceed the amount of that
20		addition modification. This subparagraph (CC) is
21		exempt from the provisions of Section 250;
22		(DD) An amount equal to the interest income taken
23		into account for the taxable year (net of the
24		deductions allocable thereto) with respect to
25		transactions with (i) a foreign person who would be a
26		member of the taxpayer's unitary business group but

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1		for the fact that the foreign person's business
2		activity outside the United States is 80% or more of
3		that person's total business activity and (ii) for
4		taxable years ending on or after December 31, 2008, to
5		a person who would be a member of the same unitary
6		business group but for the fact that the person is
7		prohibited under Section 1501(a)(27) from being
8		included in the unitary business group because he or
9		she is ordinarily required to apportion business
10		income under different subsections of Section 304, but
11		not to exceed the addition modification required to be
12		made for the same taxable year under Section
13		203(a)(2)(D-17) for interest paid, accrued, or
14		incurred, directly or indirectly, to the same person.
15		This subparagraph (DD) is exempt from the provisions
16		of Section 250;
17		(EE) An amount equal to the income from intangible
18		property taken into account for the taxable year (net
19		of the deductions allocable thereto) with respect to
20		transactions with (i) a foreign person who would be a
21		member of the taxpayer's unitary business group but
22		for the fact that the foreign person's business
23		activity outside the United States is 80% or more of
24		that person's total business activity and (ii) for
25		taxable years ending on or after December 31, 2008, to
26		a person who would be a member of the same unitary

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1		business group but for the fact that the person is
2		prohibited under Section 1501(a)(27) from being
3		included in the unitary business group because he or
4		she is ordinarily required to apportion business
5		income under different subsections of Section 304, but
6		not to exceed the addition modification required to be
7		made for the same taxable year under Section
8		203(a)(2)(D-18) for intangible expenses and costs
9		paid, accrued, or incurred, directly or indirectly, to
10		the same foreign person. This subparagraph (EE) is
11		exempt from the provisions of Section 250;
12		(FF) An amount equal to any amount awarded to the
13		taxpayer during the taxable year by the Court of
14		Claims under subsection (c) of Section 8 of the Court
15		of Claims Act for time unjustly served in a State
16		prison. This subparagraph (FF) is exempt from the
17		provisions of Section 250;
18		(GG) For taxable years ending on or after December
19		31, 2011, in the case of a taxpayer who was required to
20		add back any insurance premiums under Section
21		203(a)(2)(D-19), such taxpayer may elect to subtract
22		that part of a reimbursement received from the
23		insurance company equal to the amount of the expense
24		or loss (including expenses incurred by the insurance
25		company) that would have been taken into account as a
26		deduction for federal income tax purposes if the

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1		expense or loss had been uninsured. If a taxpayer
2		makes the election provided for by this subparagraph
3		(GG), the insurer to which the premiums were paid must
4		add back to income the amount subtracted by the
5		taxpayer pursuant to this subparagraph (GG). This
6		subparagraph (GG) is exempt from the provisions of
7		Section 250; and
8		(HH) For taxable years beginning on or after
9		January 1, 2018 and prior to January 1, 2023, a maximum
10		of $10,000 contributed in the taxable year to a
11		qualified ABLE account under Section 16.6 of the State
12		Treasurer Act, except that amounts excluded from gross
13		income under Section 529(c)(3)(C)(i) or Section
14		529A(c)(1)(C) of the Internal Revenue Code shall not
15		be considered moneys contributed under this
16		subparagraph (HH). For purposes of this subparagraph
17		(HH), contributions made by an employer on behalf of
18		an employee, or matching contributions made by an
19		employee, shall be treated as made by the employee.
20		(b) Corporations.
21		(1) In general. In the case of a corporation, base
22		income means an amount equal to the taxpayer's taxable
23		income for the taxable year as modified by paragraph (2).
24		(2) Modifications. The taxable income referred to in
25		paragraph (1) shall be modified by adding thereto the sum

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1		of the following amounts:
2		(A) An amount equal to all amounts paid or accrued
3		to the taxpayer as interest and all distributions
4		received from regulated investment companies during
5		the taxable year to the extent excluded from gross
6		income in the computation of taxable income;
7		(B) An amount equal to the amount of tax imposed by
8		this Act to the extent deducted from gross income in
9		the computation of taxable income for the taxable
10		year;
11		(C) In the case of a regulated investment company,
12		an amount equal to the excess of (i) the net long-term
13		capital gain for the taxable year, over (ii) the
14		amount of the capital gain dividends designated as
15		such in accordance with Section 852(b)(3)(C) of the
16		Internal Revenue Code and any amount designated under
17		Section 852(b)(3)(D) of the Internal Revenue Code,
18		attributable to the taxable year (this amendatory Act
19		of 1995 (Public Act 89-89) is declarative of existing
20		law and is not a new enactment);
21		(D) The amount of any net operating loss deduction
22		taken in arriving at taxable income, other than a net
23		operating loss carried forward from a taxable year
24		ending prior to December 31, 1986;
25		(E) For taxable years in which a net operating
26		loss carryback or carryforward from a taxable year

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1		ending prior to December 31, 1986 is an element of
2		taxable income under paragraph (1) of subsection (e)
3		or subparagraph (E) of paragraph (2) of subsection
4		(e), the amount by which addition modifications other
5		than those provided by this subparagraph (E) exceeded
6		subtraction modifications in such earlier taxable
7		year, with the following limitations applied in the
8		order that they are listed:
9		(i) the addition modification relating to the
10		net operating loss carried back or forward to the
11		taxable year from any taxable year ending prior to
12		December 31, 1986 shall be reduced by the amount
13		of addition modification under this subparagraph
14		(E) which related to that net operating loss and
15		which was taken into account in calculating the
16		base income of an earlier taxable year, and
17		(ii) the addition modification relating to the
18		net operating loss carried back or forward to the
19		taxable year from any taxable year ending prior to
20		December 31, 1986 shall not exceed the amount of
21		such carryback or carryforward;
22		For taxable years in which there is a net
23		operating loss carryback or carryforward from more
24		than one other taxable year ending prior to December
25		31, 1986, the addition modification provided in this
26		subparagraph (E) shall be the sum of the amounts

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1		computed independently under the preceding provisions
2		of this subparagraph (E) for each such taxable year;
3		(E-5) For taxable years ending after December 31,
4		1997, an amount equal to any eligible remediation
5		costs that the corporation deducted in computing
6		adjusted gross income and for which the corporation
7		claims a credit under subsection (l) of Section 201;
8		(E-10) For taxable years 2001 and thereafter, an
9		amount equal to the bonus depreciation deduction taken
10		on the taxpayer's federal income tax return for the
11		taxable year under subsection (k) of Section 168 of
12		the Internal Revenue Code;
13		(E-11) If the taxpayer sells, transfers, abandons,
14		or otherwise disposes of property for which the
15		taxpayer was required in any taxable year to make an
16		addition modification under subparagraph (E-10), then
17		an amount equal to the aggregate amount of the
18		deductions taken in all taxable years under
19		subparagraph (T) with respect to that property.
20		If the taxpayer continues to own property through
21		the last day of the last tax year for which the
22		taxpayer may claim a depreciation deduction for
23		federal income tax purposes and for which the taxpayer
24		was allowed in any taxable year to make a subtraction
25		modification under subparagraph (T), then an amount
26		equal to that subtraction modification.

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1		The taxpayer is required to make the addition
2		modification under this subparagraph only once with
3		respect to any one piece of property;
4		(E-12) An amount equal to the amount otherwise
5		allowed as a deduction in computing base income for
6		interest paid, accrued, or incurred, directly or
7		indirectly, (i) for taxable years ending on or after
8		December 31, 2004, to a foreign person who would be a
9		member of the same unitary business group but for the
10		fact the foreign person's business activity outside
11		the United States is 80% or more of the foreign
12		person's total business activity and (ii) for taxable
13		years ending on or after December 31, 2008, to a person
14		who would be a member of the same unitary business
15		group but for the fact that the person is prohibited
16		under Section 1501(a)(27) from being included in the
17		unitary business group because he or she is ordinarily
18		required to apportion business income under different
19		subsections of Section 304. The addition modification
20		required by this subparagraph shall be reduced to the
21		extent that dividends were included in base income of
22		the unitary group for the same taxable year and
23		received by the taxpayer or by a member of the
24		taxpayer's unitary business group (including amounts
25		included in gross income pursuant to Sections 951
26		through 964 of the Internal Revenue Code and amounts

SB2435 Enrolled - 435 - LRB102 04062 AMC 14078 b
1		included in gross income under Section 78 of the
2		Internal Revenue Code) with respect to the stock of
3		the same person to whom the interest was paid,
4		accrued, or incurred.
5		This paragraph shall not apply to the following:
6		(i) an item of interest paid, accrued, or
7		incurred, directly or indirectly, to a person who
8		is subject in a foreign country or state, other
9		than a state which requires mandatory unitary
10		reporting, to a tax on or measured by net income
11		with respect to such interest; or
12		(ii) an item of interest paid, accrued, or
13		incurred, directly or indirectly, to a person if
14		the taxpayer can establish, based on a
15		preponderance of the evidence, both of the
16		following:
17		(a) the person, during the same taxable
18		year, paid, accrued, or incurred, the interest
19		to a person that is not a related member, and
20		(b) the transaction giving rise to the
21		interest expense between the taxpayer and the
22		person did not have as a principal purpose the
23		avoidance of Illinois income tax, and is paid
24		pursuant to a contract or agreement that
25		reflects an arm's-length interest rate and
26		terms; or

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1		(iii) the taxpayer can establish, based on
2		clear and convincing evidence, that the interest
3		paid, accrued, or incurred relates to a contract
4		or agreement entered into at arm's-length rates
5		and terms and the principal purpose for the
6		payment is not federal or Illinois tax avoidance;
7		or
8		(iv) an item of interest paid, accrued, or
9		incurred, directly or indirectly, to a person if
10		the taxpayer establishes by clear and convincing
11		evidence that the adjustments are unreasonable; or
12		if the taxpayer and the Director agree in writing
13		to the application or use of an alternative method
14		of apportionment under Section 304(f).
15		Nothing in this subsection shall preclude the
16		Director from making any other adjustment
17		otherwise allowed under Section 404 of this Act
18		for any tax year beginning after the effective
19		date of this amendment provided such adjustment is
20		made pursuant to regulation adopted by the
21		Department and such regulations provide methods
22		and standards by which the Department will utilize
23		its authority under Section 404 of this Act;
24		(E-13) An amount equal to the amount of intangible
25		expenses and costs otherwise allowed as a deduction in
26		computing base income, and that were paid, accrued, or

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1		incurred, directly or indirectly, (i) for taxable
2		years ending on or after December 31, 2004, to a
3		foreign person who would be a member of the same
4		unitary business group but for the fact that the
5		foreign person's business activity outside the United
6		States is 80% or more of that person's total business
7		activity and (ii) for taxable years ending on or after
8		December 31, 2008, to a person who would be a member of
9		the same unitary business group but for the fact that
10		the person is prohibited under Section 1501(a)(27)
11		from being included in the unitary business group
12		because he or she is ordinarily required to apportion
13		business income under different subsections of Section
14		304. The addition modification required by this
15		subparagraph shall be reduced to the extent that
16		dividends were included in base income of the unitary
17		group for the same taxable year and received by the
18		taxpayer or by a member of the taxpayer's unitary
19		business group (including amounts included in gross
20		income pursuant to Sections 951 through 964 of the
21		Internal Revenue Code and amounts included in gross
22		income under Section 78 of the Internal Revenue Code)
23		with respect to the stock of the same person to whom
24		the intangible expenses and costs were directly or
25		indirectly paid, incurred, or accrued. The preceding
26		sentence shall not apply to the extent that the same

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1		dividends caused a reduction to the addition
2		modification required under Section 203(b)(2)(E-12) of
3		this Act. As used in this subparagraph, the term
4		"intangible expenses and costs" includes (1) expenses,
5		losses, and costs for, or related to, the direct or
6		indirect acquisition, use, maintenance or management,
7		ownership, sale, exchange, or any other disposition of
8		intangible property; (2) losses incurred, directly or
9		indirectly, from factoring transactions or discounting
10		transactions; (3) royalty, patent, technical, and
11		copyright fees; (4) licensing fees; and (5) other
12		similar expenses and costs. For purposes of this
13		subparagraph, "intangible property" includes patents,
14		patent applications, trade names, trademarks, service
15		marks, copyrights, mask works, trade secrets, and
16		similar types of intangible assets.
17		This paragraph shall not apply to the following:
18		(i) any item of intangible expenses or costs
19		paid, accrued, or incurred, directly or
20		indirectly, from a transaction with a person who
21		is subject in a foreign country or state, other
22		than a state which requires mandatory unitary
23		reporting, to a tax on or measured by net income
24		with respect to such item; or
25		(ii) any item of intangible expense or cost
26		paid, accrued, or incurred, directly or

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1		indirectly, if the taxpayer can establish, based
2		on a preponderance of the evidence, both of the
3		following:
4		(a) the person during the same taxable
5		year paid, accrued, or incurred, the
6		intangible expense or cost to a person that is
7		not a related member, and
8		(b) the transaction giving rise to the
9		intangible expense or cost between the
10		taxpayer and the person did not have as a
11		principal purpose the avoidance of Illinois
12		income tax, and is paid pursuant to a contract
13		or agreement that reflects arm's-length terms;
14		or
15		(iii) any item of intangible expense or cost
16		paid, accrued, or incurred, directly or
17		indirectly, from a transaction with a person if
18		the taxpayer establishes by clear and convincing
19		evidence, that the adjustments are unreasonable;
20		or if the taxpayer and the Director agree in
21		writing to the application or use of an
22		alternative method of apportionment under Section
23		304(f);
24		Nothing in this subsection shall preclude the
25		Director from making any other adjustment
26		otherwise allowed under Section 404 of this Act

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1		for any tax year beginning after the effective
2		date of this amendment provided such adjustment is
3		made pursuant to regulation adopted by the
4		Department and such regulations provide methods
5		and standards by which the Department will utilize
6		its authority under Section 404 of this Act;
7		(E-14) For taxable years ending on or after
8		December 31, 2008, an amount equal to the amount of
9		insurance premium expenses and costs otherwise allowed
10		as a deduction in computing base income, and that were
11		paid, accrued, or incurred, directly or indirectly, to
12		a person who would be a member of the same unitary
13		business group but for the fact that the person is
14		prohibited under Section 1501(a)(27) from being
15		included in the unitary business group because he or
16		she is ordinarily required to apportion business
17		income under different subsections of Section 304. The
18		addition modification required by this subparagraph
19		shall be reduced to the extent that dividends were
20		included in base income of the unitary group for the
21		same taxable year and received by the taxpayer or by a
22		member of the taxpayer's unitary business group
23		(including amounts included in gross income under
24		Sections 951 through 964 of the Internal Revenue Code
25		and amounts included in gross income under Section 78
26		of the Internal Revenue Code) with respect to the

SB2435 Enrolled - 441 - LRB102 04062 AMC 14078 b
1		stock of the same person to whom the premiums and costs
2		were directly or indirectly paid, incurred, or
3		accrued. The preceding sentence does not apply to the
4		extent that the same dividends caused a reduction to
5		the addition modification required under Section
6		203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this
7		Act;
8		(E-15) For taxable years beginning after December
9		31, 2008, any deduction for dividends paid by a
10		captive real estate investment trust that is allowed
11		to a real estate investment trust under Section
12		857(b)(2)(B) of the Internal Revenue Code for
13		dividends paid;
14		(E-16) An amount equal to the credit allowable to
15		the taxpayer under Section 218(a) of this Act,
16		determined without regard to Section 218(c) of this
17		Act;
18		(E-17) For taxable years ending on or after
19		December 31, 2017, an amount equal to the deduction
20		allowed under Section 199 of the Internal Revenue Code
21		for the taxable year;
22		(E-18) for taxable years beginning after December
23		31, 2018, an amount equal to the deduction allowed
24		under Section 250(a)(1)(A) of the Internal Revenue
25		Code for the taxable year.
26		and by deducting from the total so obtained the sum of the

SB2435 Enrolled - 442 - LRB102 04062 AMC 14078 b
1		following amounts:
2		(F) An amount equal to the amount of any tax
3		imposed by this Act which was refunded to the taxpayer
4		and included in such total for the taxable year;
5		(G) An amount equal to any amount included in such
6		total under Section 78 of the Internal Revenue Code;
7		(H) In the case of a regulated investment company,
8		an amount equal to the amount of exempt interest
9		dividends as defined in subsection (b)(5) of Section
10		852 of the Internal Revenue Code, paid to shareholders
11		for the taxable year;
12		(I) With the exception of any amounts subtracted
13		under subparagraph (J), an amount equal to the sum of
14		all amounts disallowed as deductions by (i) Sections
15		171(a)(2), and 265(a)(2) and amounts disallowed as
16		interest expense by Section 291(a)(3) of the Internal
17		Revenue Code, and all amounts of expenses allocable to
18		interest and disallowed as deductions by Section
19		265(a)(1) of the Internal Revenue Code; and (ii) for
20		taxable years ending on or after August 13, 1999,
21		Sections 171(a)(2), 265, 280C, 291(a)(3), and
22		832(b)(5)(B)(i) of the Internal Revenue Code, plus,
23		for tax years ending on or after December 31, 2011,
24		amounts disallowed as deductions by Section 45G(e)(3)
25		of the Internal Revenue Code and, for taxable years
26		ending on or after December 31, 2008, any amount

SB2435 Enrolled - 443 - LRB102 04062 AMC 14078 b
1		included in gross income under Section 87 of the
2		Internal Revenue Code and the policyholders' share of
3		tax-exempt interest of a life insurance company under
4		Section 807(a)(2)(B) of the Internal Revenue Code (in
5		the case of a life insurance company with gross income
6		from a decrease in reserves for the tax year) or
7		Section 807(b)(1)(B) of the Internal Revenue Code (in
8		the case of a life insurance company allowed a
9		deduction for an increase in reserves for the tax
10		year); the provisions of this subparagraph are exempt
11		from the provisions of Section 250;
12		(J) An amount equal to all amounts included in
13		such total which are exempt from taxation by this
14		State either by reason of its statutes or Constitution
15		or by reason of the Constitution, treaties or statutes
16		of the United States; provided that, in the case of any
17		statute of this State that exempts income derived from
18		bonds or other obligations from the tax imposed under
19		this Act, the amount exempted shall be the interest
20		net of bond premium amortization;
21		(K) An amount equal to those dividends included in
22		such total which were paid by a corporation which
23		conducts business operations in a River Edge
24		Redevelopment Zone or zones created under the River
25		Edge Redevelopment Zone Act and conducts substantially
26		all of its operations in a River Edge Redevelopment

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1		Zone or zones. This subparagraph (K) is exempt from
2		the provisions of Section 250;
3		(L) An amount equal to those dividends included in
4		such total that were paid by a corporation that
5		conducts business operations in a federally designated
6		Foreign Trade Zone or Sub-Zone and that is designated
7		a High Impact Business located in Illinois; provided
8		that dividends eligible for the deduction provided in
9		subparagraph (K) of paragraph 2 of this subsection
10		shall not be eligible for the deduction provided under
11		this subparagraph (L);
12		(M) For any taxpayer that is a financial
13		organization within the meaning of Section 304(c) of
14		this Act, an amount included in such total as interest
15		income from a loan or loans made by such taxpayer to a
16		borrower, to the extent that such a loan is secured by
17		property which is eligible for the River Edge
18		Redevelopment Zone Investment Credit. To determine the
19		portion of a loan or loans that is secured by property
20		eligible for a Section 201(f) investment credit to the
21		borrower, the entire principal amount of the loan or
22		loans between the taxpayer and the borrower should be
23		divided into the basis of the Section 201(f)
24		investment credit property which secures the loan or
25		loans, using for this purpose the original basis of
26		such property on the date that it was placed in service

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1		in the River Edge Redevelopment Zone. The subtraction
2		modification available to the taxpayer in any year
3		under this subsection shall be that portion of the
4		total interest paid by the borrower with respect to
5		such loan attributable to the eligible property as
6		calculated under the previous sentence. This
7		subparagraph (M) is exempt from the provisions of
8		Section 250;
9		(M-1) For any taxpayer that is a financial
10		organization within the meaning of Section 304(c) of
11		this Act, an amount included in such total as interest
12		income from a loan or loans made by such taxpayer to a
13		borrower, to the extent that such a loan is secured by
14		property which is eligible for the High Impact
15		Business Investment Credit. To determine the portion
16		of a loan or loans that is secured by property eligible
17		for a Section 201(h) investment credit to the
18		borrower, the entire principal amount of the loan or
19		loans between the taxpayer and the borrower should be
20		divided into the basis of the Section 201(h)
21		investment credit property which secures the loan or
22		loans, using for this purpose the original basis of
23		such property on the date that it was placed in service
24		in a federally designated Foreign Trade Zone or
25		Sub-Zone located in Illinois. No taxpayer that is
26		eligible for the deduction provided in subparagraph

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1		(M) of paragraph (2) of this subsection shall be
2		eligible for the deduction provided under this
3		subparagraph (M-1). The subtraction modification
4		available to taxpayers in any year under this
5		subsection shall be that portion of the total interest
6		paid by the borrower with respect to such loan
7		attributable to the eligible property as calculated
8		under the previous sentence;
9		(N) Two times any contribution made during the
10		taxable year to a designated zone organization to the
11		extent that the contribution (i) qualifies as a
12		charitable contribution under subsection (c) of
13		Section 170 of the Internal Revenue Code and (ii)
14		must, by its terms, be used for a project approved by
15		the Department of Commerce and Economic Opportunity
16		under Section 11 of the Illinois Enterprise Zone Act
17		or under Section 10-10 of the River Edge Redevelopment
18		Zone Act. This subparagraph (N) is exempt from the
19		provisions of Section 250;
20		(O) An amount equal to: (i) 85% for taxable years
21		ending on or before December 31, 1992, or, a
22		percentage equal to the percentage allowable under
23		Section 243(a)(1) of the Internal Revenue Code of 1986
24		for taxable years ending after December 31, 1992, of
25		the amount by which dividends included in taxable
26		income and received from a corporation that is not

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1		created or organized under the laws of the United
2		States or any state or political subdivision thereof,
3		including, for taxable years ending on or after
4		December 31, 1988, dividends received or deemed
5		received or paid or deemed paid under Sections 951
6		through 965 of the Internal Revenue Code, exceed the
7		amount of the modification provided under subparagraph
8		(G) of paragraph (2) of this subsection (b) which is
9		related to such dividends, and including, for taxable
10		years ending on or after December 31, 2008, dividends
11		received from a captive real estate investment trust;
12		plus (ii) 100% of the amount by which dividends,
13		included in taxable income and received, including,
14		for taxable years ending on or after December 31,
15		1988, dividends received or deemed received or paid or
16		deemed paid under Sections 951 through 964 of the
17		Internal Revenue Code and including, for taxable years
18		ending on or after December 31, 2008, dividends
19		received from a captive real estate investment trust,
20		from any such corporation specified in clause (i) that
21		would but for the provisions of Section 1504(b)(3) of
22		the Internal Revenue Code be treated as a member of the
23		affiliated group which includes the dividend
24		recipient, exceed the amount of the modification
25		provided under subparagraph (G) of paragraph (2) of
26		this subsection (b) which is related to such

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1		dividends. This subparagraph (O) is exempt from the
2		provisions of Section 250 of this Act;
3		(P) An amount equal to any contribution made to a
4		job training project established pursuant to the Tax
5		Increment Allocation Redevelopment Act;
6		(Q) An amount equal to the amount of the deduction
7		used to compute the federal income tax credit for
8		restoration of substantial amounts held under claim of
9		right for the taxable year pursuant to Section 1341 of
10		the Internal Revenue Code;
11		(R) On and after July 20, 1999, in the case of an
12		attorney-in-fact with respect to whom an interinsurer
13		or a reciprocal insurer has made the election under
14		Section 835 of the Internal Revenue Code, 26 U.S.C.
15		835, an amount equal to the excess, if any, of the
16		amounts paid or incurred by that interinsurer or
17		reciprocal insurer in the taxable year to the
18		attorney-in-fact over the deduction allowed to that
19		interinsurer or reciprocal insurer with respect to the
20		attorney-in-fact under Section 835(b) of the Internal
21		Revenue Code for the taxable year; the provisions of
22		this subparagraph are exempt from the provisions of
23		Section 250;
24		(S) For taxable years ending on or after December
25		31, 1997, in the case of a Subchapter S corporation, an
26		amount equal to all amounts of income allocable to a

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1		shareholder subject to the Personal Property Tax
2		Replacement Income Tax imposed by subsections (c) and
3		(d) of Section 201 of this Act, including amounts
4		allocable to organizations exempt from federal income
5		tax by reason of Section 501(a) of the Internal
6		Revenue Code. This subparagraph (S) is exempt from the
7		provisions of Section 250;
8		(T) For taxable years 2001 and thereafter, for the
9		taxable year in which the bonus depreciation deduction
10		is taken on the taxpayer's federal income tax return
11		under subsection (k) of Section 168 of the Internal
12		Revenue Code and for each applicable taxable year
13		thereafter, an amount equal to "x", where:
14		(1) "y" equals the amount of the depreciation
15		deduction taken for the taxable year on the
16		taxpayer's federal income tax return on property
17		for which the bonus depreciation deduction was
18		taken in any year under subsection (k) of Section
19		168 of the Internal Revenue Code, but not
20		including the bonus depreciation deduction;
21		(2) for taxable years ending on or before
22		December 31, 2005, "x" equals "y" multiplied by 30
23		and then divided by 70 (or "y" multiplied by
24		0.429); and
25		(3) for taxable years ending after December
26		31, 2005:

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1		(i) for property on which a bonus
2		depreciation deduction of 30% of the adjusted
3		basis was taken, "x" equals "y" multiplied by
4		30 and then divided by 70 (or "y" multiplied
5		by 0.429); and
6		(ii) for property on which a bonus
7		depreciation deduction of 50% of the adjusted
8		basis was taken, "x" equals "y" multiplied by
9		1.0.
10		The aggregate amount deducted under this
11		subparagraph in all taxable years for any one piece of
12		property may not exceed the amount of the bonus
13		depreciation deduction taken on that property on the
14		taxpayer's federal income tax return under subsection
15		(k) of Section 168 of the Internal Revenue Code. This
16		subparagraph (T) is exempt from the provisions of
17		Section 250;
18		(U) If the taxpayer sells, transfers, abandons, or
19		otherwise disposes of property for which the taxpayer
20		was required in any taxable year to make an addition
21		modification under subparagraph (E-10), then an amount
22		equal to that addition modification.
23		If the taxpayer continues to own property through
24		the last day of the last tax year for which the
25		taxpayer may claim a depreciation deduction for
26		federal income tax purposes and for which the taxpayer

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1		was required in any taxable year to make an addition
2		modification under subparagraph (E-10), then an amount
3		equal to that addition modification.
4		The taxpayer is allowed to take the deduction
5		under this subparagraph only once with respect to any
6		one piece of property.
7		This subparagraph (U) is exempt from the
8		provisions of Section 250;
9		(V) The amount of: (i) any interest income (net of
10		the deductions allocable thereto) taken into account
11		for the taxable year with respect to a transaction
12		with a taxpayer that is required to make an addition
13		modification with respect to such transaction under
14		Section 203(a)(2)(D-17), 203(b)(2)(E-12),
15		203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
16		the amount of such addition modification, (ii) any
17		income from intangible property (net of the deductions
18		allocable thereto) taken into account for the taxable
19		year with respect to a transaction with a taxpayer
20		that is required to make an addition modification with
21		respect to such transaction under Section
22		203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
23		203(d)(2)(D-8), but not to exceed the amount of such
24		addition modification, and (iii) any insurance premium
25		income (net of deductions allocable thereto) taken
26		into account for the taxable year with respect to a

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1		transaction with a taxpayer that is required to make
2		an addition modification with respect to such
3		transaction under Section 203(a)(2)(D-19), Section
4		203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section
5		203(d)(2)(D-9), but not to exceed the amount of that
6		addition modification. This subparagraph (V) is exempt
7		from the provisions of Section 250;
8		(W) An amount equal to the interest income taken
9		into account for the taxable year (net of the
10		deductions allocable thereto) with respect to
11		transactions with (i) a foreign person who would be a
12		member of the taxpayer's unitary business group but
13		for the fact that the foreign person's business
14		activity outside the United States is 80% or more of
15		that person's total business activity and (ii) for
16		taxable years ending on or after December 31, 2008, to
17		a person who would be a member of the same unitary
18		business group but for the fact that the person is
19		prohibited under Section 1501(a)(27) from being
20		included in the unitary business group because he or
21		she is ordinarily required to apportion business
22		income under different subsections of Section 304, but
23		not to exceed the addition modification required to be
24		made for the same taxable year under Section
25		203(b)(2)(E-12) for interest paid, accrued, or
26		incurred, directly or indirectly, to the same person.

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1		This subparagraph (W) is exempt from the provisions of
2		Section 250;
3		(X) An amount equal to the income from intangible
4		property taken into account for the taxable year (net
5		of the deductions allocable thereto) with respect to
6		transactions with (i) a foreign person who would be a
7		member of the taxpayer's unitary business group but
8		for the fact that the foreign person's business
9		activity outside the United States is 80% or more of
10		that person's total business activity and (ii) for
11		taxable years ending on or after December 31, 2008, to
12		a person who would be a member of the same unitary
13		business group but for the fact that the person is
14		prohibited under Section 1501(a)(27) from being
15		included in the unitary business group because he or
16		she is ordinarily required to apportion business
17		income under different subsections of Section 304, but
18		not to exceed the addition modification required to be
19		made for the same taxable year under Section
20		203(b)(2)(E-13) for intangible expenses and costs
21		paid, accrued, or incurred, directly or indirectly, to
22		the same foreign person. This subparagraph (X) is
23		exempt from the provisions of Section 250;
24		(Y) For taxable years ending on or after December
25		31, 2011, in the case of a taxpayer who was required to
26		add back any insurance premiums under Section

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1		203(b)(2)(E-14), such taxpayer may elect to subtract
2		that part of a reimbursement received from the
3		insurance company equal to the amount of the expense
4		or loss (including expenses incurred by the insurance
5		company) that would have been taken into account as a
6		deduction for federal income tax purposes if the
7		expense or loss had been uninsured. If a taxpayer
8		makes the election provided for by this subparagraph
9		(Y), the insurer to which the premiums were paid must
10		add back to income the amount subtracted by the
11		taxpayer pursuant to this subparagraph (Y). This
12		subparagraph (Y) is exempt from the provisions of
13		Section 250; and
14		(Z) The difference between the nondeductible
15		controlled foreign corporation dividends under Section
16		965(e)(3) of the Internal Revenue Code over the
17		taxable income of the taxpayer, computed without
18		regard to Section 965(e)(2)(A) of the Internal Revenue
19		Code, and without regard to any net operating loss
20		deduction. This subparagraph (Z) is exempt from the
21		provisions of Section 250.
22		(3) Special rule. For purposes of paragraph (2)(A),
23		"gross income" in the case of a life insurance company,
24		for tax years ending on and after December 31, 1994, and
25		prior to December 31, 2011, shall mean the gross
26		investment income for the taxable year and, for tax years

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1		ending on or after December 31, 2011, shall mean all
2		amounts included in life insurance gross income under
3		Section 803(a)(3) of the Internal Revenue Code.
4		(c) Trusts and estates.
5		(1) In general. In the case of a trust or estate, base
6		income means an amount equal to the taxpayer's taxable
7		income for the taxable year as modified by paragraph (2).
8		(2) Modifications. Subject to the provisions of
9		paragraph (3), the taxable income referred to in paragraph
10		(1) shall be modified by adding thereto the sum of the
11		following amounts:
12		(A) An amount equal to all amounts paid or accrued
13		to the taxpayer as interest or dividends during the
14		taxable year to the extent excluded from gross income
15		in the computation of taxable income;
16		(B) In the case of (i) an estate, $600; (ii) a
17		trust which, under its governing instrument, is
18		required to distribute all of its income currently,
19		$300; and (iii) any other trust, $100, but in each such
20		case, only to the extent such amount was deducted in
21		the computation of taxable income;
22		(C) An amount equal to the amount of tax imposed by
23		this Act to the extent deducted from gross income in
24		the computation of taxable income for the taxable
25		year;

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1		(D) The amount of any net operating loss deduction
2		taken in arriving at taxable income, other than a net
3		operating loss carried forward from a taxable year
4		ending prior to December 31, 1986;
5		(E) For taxable years in which a net operating
6		loss carryback or carryforward from a taxable year
7		ending prior to December 31, 1986 is an element of
8		taxable income under paragraph (1) of subsection (e)
9		or subparagraph (E) of paragraph (2) of subsection
10		(e), the amount by which addition modifications other
11		than those provided by this subparagraph (E) exceeded
12		subtraction modifications in such taxable year, with
13		the following limitations applied in the order that
14		they are listed:
15		(i) the addition modification relating to the
16		net operating loss carried back or forward to the
17		taxable year from any taxable year ending prior to
18		December 31, 1986 shall be reduced by the amount
19		of addition modification under this subparagraph
20		(E) which related to that net operating loss and
21		which was taken into account in calculating the
22		base income of an earlier taxable year, and
23		(ii) the addition modification relating to the
24		net operating loss carried back or forward to the
25		taxable year from any taxable year ending prior to
26		December 31, 1986 shall not exceed the amount of

SB2435 Enrolled - 457 - LRB102 04062 AMC 14078 b
1		such carryback or carryforward;
2		For taxable years in which there is a net
3		operating loss carryback or carryforward from more
4		than one other taxable year ending prior to December
5		31, 1986, the addition modification provided in this
6		subparagraph (E) shall be the sum of the amounts
7		computed independently under the preceding provisions
8		of this subparagraph (E) for each such taxable year;
9		(F) For taxable years ending on or after January
10		1, 1989, an amount equal to the tax deducted pursuant
11		to Section 164 of the Internal Revenue Code if the
12		trust or estate is claiming the same tax for purposes
13		of the Illinois foreign tax credit under Section 601
14		of this Act;
15		(G) An amount equal to the amount of the capital
16		gain deduction allowable under the Internal Revenue
17		Code, to the extent deducted from gross income in the
18		computation of taxable income;
19		(G-5) For taxable years ending after December 31,
20		1997, an amount equal to any eligible remediation
21		costs that the trust or estate deducted in computing
22		adjusted gross income and for which the trust or
23		estate claims a credit under subsection (l) of Section
24		201;
25		(G-10) For taxable years 2001 and thereafter, an
26		amount equal to the bonus depreciation deduction taken

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1		on the taxpayer's federal income tax return for the
2		taxable year under subsection (k) of Section 168 of
3		the Internal Revenue Code; and
4		(G-11) If the taxpayer sells, transfers, abandons,
5		or otherwise disposes of property for which the
6		taxpayer was required in any taxable year to make an
7		addition modification under subparagraph (G-10), then
8		an amount equal to the aggregate amount of the
9		deductions taken in all taxable years under
10		subparagraph (R) with respect to that property.
11		If the taxpayer continues to own property through
12		the last day of the last tax year for which the
13		taxpayer may claim a depreciation deduction for
14		federal income tax purposes and for which the taxpayer
15		was allowed in any taxable year to make a subtraction
16		modification under subparagraph (R), then an amount
17		equal to that subtraction modification.
18		The taxpayer is required to make the addition
19		modification under this subparagraph only once with
20		respect to any one piece of property;
21		(G-12) An amount equal to the amount otherwise
22		allowed as a deduction in computing base income for
23		interest paid, accrued, or incurred, directly or
24		indirectly, (i) for taxable years ending on or after
25		December 31, 2004, to a foreign person who would be a
26		member of the same unitary business group but for the

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1		fact that the foreign person's business activity
2		outside the United States is 80% or more of the foreign
3		person's total business activity and (ii) for taxable
4		years ending on or after December 31, 2008, to a person
5		who would be a member of the same unitary business
6		group but for the fact that the person is prohibited
7		under Section 1501(a)(27) from being included in the
8		unitary business group because he or she is ordinarily
9		required to apportion business income under different
10		subsections of Section 304. The addition modification
11		required by this subparagraph shall be reduced to the
12		extent that dividends were included in base income of
13		the unitary group for the same taxable year and
14		received by the taxpayer or by a member of the
15		taxpayer's unitary business group (including amounts
16		included in gross income pursuant to Sections 951
17		through 964 of the Internal Revenue Code and amounts
18		included in gross income under Section 78 of the
19		Internal Revenue Code) with respect to the stock of
20		the same person to whom the interest was paid,
21		accrued, or incurred.
22		This paragraph shall not apply to the following:
23		(i) an item of interest paid, accrued, or
24		incurred, directly or indirectly, to a person who
25		is subject in a foreign country or state, other
26		than a state which requires mandatory unitary

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1		reporting, to a tax on or measured by net income
2		with respect to such interest; or
3		(ii) an item of interest paid, accrued, or
4		incurred, directly or indirectly, to a person if
5		the taxpayer can establish, based on a
6		preponderance of the evidence, both of the
7		following:
8		(a) the person, during the same taxable
9		year, paid, accrued, or incurred, the interest
10		to a person that is not a related member, and
11		(b) the transaction giving rise to the
12		interest expense between the taxpayer and the
13		person did not have as a principal purpose the
14		avoidance of Illinois income tax, and is paid
15		pursuant to a contract or agreement that
16		reflects an arm's-length interest rate and
17		terms; or
18		(iii) the taxpayer can establish, based on
19		clear and convincing evidence, that the interest
20		paid, accrued, or incurred relates to a contract
21		or agreement entered into at arm's-length rates
22		and terms and the principal purpose for the
23		payment is not federal or Illinois tax avoidance;
24		or
25		(iv) an item of interest paid, accrued, or
26		incurred, directly or indirectly, to a person if

SB2435 Enrolled - 461 - LRB102 04062 AMC 14078 b
1		the taxpayer establishes by clear and convincing
2		evidence that the adjustments are unreasonable; or
3		if the taxpayer and the Director agree in writing
4		to the application or use of an alternative method
5		of apportionment under Section 304(f).
6		Nothing in this subsection shall preclude the
7		Director from making any other adjustment
8		otherwise allowed under Section 404 of this Act
9		for any tax year beginning after the effective
10		date of this amendment provided such adjustment is
11		made pursuant to regulation adopted by the
12		Department and such regulations provide methods
13		and standards by which the Department will utilize
14		its authority under Section 404 of this Act;
15		(G-13) An amount equal to the amount of intangible
16		expenses and costs otherwise allowed as a deduction in
17		computing base income, and that were paid, accrued, or
18		incurred, directly or indirectly, (i) for taxable
19		years ending on or after December 31, 2004, to a
20		foreign person who would be a member of the same
21		unitary business group but for the fact that the
22		foreign person's business activity outside the United
23		States is 80% or more of that person's total business
24		activity and (ii) for taxable years ending on or after
25		December 31, 2008, to a person who would be a member of
26		the same unitary business group but for the fact that

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1		the person is prohibited under Section 1501(a)(27)
2		from being included in the unitary business group
3		because he or she is ordinarily required to apportion
4		business income under different subsections of Section
5		304. The addition modification required by this
6		subparagraph shall be reduced to the extent that
7		dividends were included in base income of the unitary
8		group for the same taxable year and received by the
9		taxpayer or by a member of the taxpayer's unitary
10		business group (including amounts included in gross
11		income pursuant to Sections 951 through 964 of the
12		Internal Revenue Code and amounts included in gross
13		income under Section 78 of the Internal Revenue Code)
14		with respect to the stock of the same person to whom
15		the intangible expenses and costs were directly or
16		indirectly paid, incurred, or accrued. The preceding
17		sentence shall not apply to the extent that the same
18		dividends caused a reduction to the addition
19		modification required under Section 203(c)(2)(G-12) of
20		this Act. As used in this subparagraph, the term
21		"intangible expenses and costs" includes: (1)
22		expenses, losses, and costs for or related to the
23		direct or indirect acquisition, use, maintenance or
24		management, ownership, sale, exchange, or any other
25		disposition of intangible property; (2) losses
26		incurred, directly or indirectly, from factoring

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1		transactions or discounting transactions; (3) royalty,
2		patent, technical, and copyright fees; (4) licensing
3		fees; and (5) other similar expenses and costs. For
4		purposes of this subparagraph, "intangible property"
5		includes patents, patent applications, trade names,
6		trademarks, service marks, copyrights, mask works,
7		trade secrets, and similar types of intangible assets.
8		This paragraph shall not apply to the following:
9		(i) any item of intangible expenses or costs
10		paid, accrued, or incurred, directly or
11		indirectly, from a transaction with a person who
12		is subject in a foreign country or state, other
13		than a state which requires mandatory unitary
14		reporting, to a tax on or measured by net income
15		with respect to such item; or
16		(ii) any item of intangible expense or cost
17		paid, accrued, or incurred, directly or
18		indirectly, if the taxpayer can establish, based
19		on a preponderance of the evidence, both of the
20		following:
21		(a) the person during the same taxable
22		year paid, accrued, or incurred, the
23		intangible expense or cost to a person that is
24		not a related member, and
25		(b) the transaction giving rise to the
26		intangible expense or cost between the

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1		taxpayer and the person did not have as a
2		principal purpose the avoidance of Illinois
3		income tax, and is paid pursuant to a contract
4		or agreement that reflects arm's-length terms;
5		or
6		(iii) any item of intangible expense or cost
7		paid, accrued, or incurred, directly or
8		indirectly, from a transaction with a person if
9		the taxpayer establishes by clear and convincing
10		evidence, that the adjustments are unreasonable;
11		or if the taxpayer and the Director agree in
12		writing to the application or use of an
13		alternative method of apportionment under Section
14		304(f);
15		Nothing in this subsection shall preclude the
16		Director from making any other adjustment
17		otherwise allowed under Section 404 of this Act
18		for any tax year beginning after the effective
19		date of this amendment provided such adjustment is
20		made pursuant to regulation adopted by the
21		Department and such regulations provide methods
22		and standards by which the Department will utilize
23		its authority under Section 404 of this Act;
24		(G-14) For taxable years ending on or after
25		December 31, 2008, an amount equal to the amount of
26		insurance premium expenses and costs otherwise allowed

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1		as a deduction in computing base income, and that were
2		paid, accrued, or incurred, directly or indirectly, to
3		a person who would be a member of the same unitary
4		business group but for the fact that the person is
5		prohibited under Section 1501(a)(27) from being
6		included in the unitary business group because he or
7		she is ordinarily required to apportion business
8		income under different subsections of Section 304. The
9		addition modification required by this subparagraph
10		shall be reduced to the extent that dividends were
11		included in base income of the unitary group for the
12		same taxable year and received by the taxpayer or by a
13		member of the taxpayer's unitary business group
14		(including amounts included in gross income under
15		Sections 951 through 964 of the Internal Revenue Code
16		and amounts included in gross income under Section 78
17		of the Internal Revenue Code) with respect to the
18		stock of the same person to whom the premiums and costs
19		were directly or indirectly paid, incurred, or
20		accrued. The preceding sentence does not apply to the
21		extent that the same dividends caused a reduction to
22		the addition modification required under Section
23		203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this
24		Act;
25		(G-15) An amount equal to the credit allowable to
26		the taxpayer under Section 218(a) of this Act,

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1		determined without regard to Section 218(c) of this
2		Act;
3		(G-16) For taxable years ending on or after
4		December 31, 2017, an amount equal to the deduction
5		allowed under Section 199 of the Internal Revenue Code
6		for the taxable year;
7		and by deducting from the total so obtained the sum of the
8		following amounts:
9		(H) An amount equal to all amounts included in
10		such total pursuant to the provisions of Sections
11		402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408
12		of the Internal Revenue Code or included in such total
13		as distributions under the provisions of any
14		retirement or disability plan for employees of any
15		governmental agency or unit, or retirement payments to
16		retired partners, which payments are excluded in
17		computing net earnings from self employment by Section
18		1402 of the Internal Revenue Code and regulations
19		adopted pursuant thereto;
20		(I) The valuation limitation amount;
21		(J) An amount equal to the amount of any tax
22		imposed by this Act which was refunded to the taxpayer
23		and included in such total for the taxable year;
24		(K) An amount equal to all amounts included in
25		taxable income as modified by subparagraphs (A), (B),
26		(C), (D), (E), (F) and (G) which are exempt from

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1		taxation by this State either by reason of its
2		statutes or Constitution or by reason of the
3		Constitution, treaties or statutes of the United
4		States; provided that, in the case of any statute of
5		this State that exempts income derived from bonds or
6		other obligations from the tax imposed under this Act,
7		the amount exempted shall be the interest net of bond
8		premium amortization;
9		(L) With the exception of any amounts subtracted
10		under subparagraph (K), an amount equal to the sum of
11		all amounts disallowed as deductions by (i) Sections
12		171(a)(2) and 265(a)(2) of the Internal Revenue Code,
13		and all amounts of expenses allocable to interest and
14		disallowed as deductions by Section 265(a)(1) of the
15		Internal Revenue Code; and (ii) for taxable years
16		ending on or after August 13, 1999, Sections
17		171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
18		Internal Revenue Code, plus, (iii) for taxable years
19		ending on or after December 31, 2011, Section
20		45G(e)(3) of the Internal Revenue Code and, for
21		taxable years ending on or after December 31, 2008,
22		any amount included in gross income under Section 87
23		of the Internal Revenue Code; the provisions of this
24		subparagraph are exempt from the provisions of Section
25		250;
26		(M) An amount equal to those dividends included in

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1		such total which were paid by a corporation which
2		conducts business operations in a River Edge
3		Redevelopment Zone or zones created under the River
4		Edge Redevelopment Zone Act and conducts substantially
5		all of its operations in a River Edge Redevelopment
6		Zone or zones. This subparagraph (M) is exempt from
7		the provisions of Section 250;
8		(N) An amount equal to any contribution made to a
9		job training project established pursuant to the Tax
10		Increment Allocation Redevelopment Act;
11		(O) An amount equal to those dividends included in
12		such total that were paid by a corporation that
13		conducts business operations in a federally designated
14		Foreign Trade Zone or Sub-Zone and that is designated
15		a High Impact Business located in Illinois; provided
16		that dividends eligible for the deduction provided in
17		subparagraph (M) of paragraph (2) of this subsection
18		shall not be eligible for the deduction provided under
19		this subparagraph (O);
20		(P) An amount equal to the amount of the deduction
21		used to compute the federal income tax credit for
22		restoration of substantial amounts held under claim of
23		right for the taxable year pursuant to Section 1341 of
24		the Internal Revenue Code;
25		(Q) For taxable year 1999 and thereafter, an
26		amount equal to the amount of any (i) distributions,

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1		to the extent includible in gross income for federal
2		income tax purposes, made to the taxpayer because of
3		his or her status as a victim of persecution for racial
4		or religious reasons by Nazi Germany or any other Axis
5		regime or as an heir of the victim and (ii) items of
6		income, to the extent includible in gross income for
7		federal income tax purposes, attributable to, derived
8		from or in any way related to assets stolen from,
9		hidden from, or otherwise lost to a victim of
10		persecution for racial or religious reasons by Nazi
11		Germany or any other Axis regime immediately prior to,
12		during, and immediately after World War II, including,
13		but not limited to, interest on the proceeds
14		receivable as insurance under policies issued to a
15		victim of persecution for racial or religious reasons
16		by Nazi Germany or any other Axis regime by European
17		insurance companies immediately prior to and during
18		World War II; provided, however, this subtraction from
19		federal adjusted gross income does not apply to assets
20		acquired with such assets or with the proceeds from
21		the sale of such assets; provided, further, this
22		paragraph shall only apply to a taxpayer who was the
23		first recipient of such assets after their recovery
24		and who is a victim of persecution for racial or
25		religious reasons by Nazi Germany or any other Axis
26		regime or as an heir of the victim. The amount of and

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1		the eligibility for any public assistance, benefit, or
2		similar entitlement is not affected by the inclusion
3		of items (i) and (ii) of this paragraph in gross income
4		for federal income tax purposes. This paragraph is
5		exempt from the provisions of Section 250;
6		(R) For taxable years 2001 and thereafter, for the
7		taxable year in which the bonus depreciation deduction
8		is taken on the taxpayer's federal income tax return
9		under subsection (k) of Section 168 of the Internal
10		Revenue Code and for each applicable taxable year
11		thereafter, an amount equal to "x", where:
12		(1) "y" equals the amount of the depreciation
13		deduction taken for the taxable year on the
14		taxpayer's federal income tax return on property
15		for which the bonus depreciation deduction was
16		taken in any year under subsection (k) of Section
17		168 of the Internal Revenue Code, but not
18		including the bonus depreciation deduction;
19		(2) for taxable years ending on or before
20		December 31, 2005, "x" equals "y" multiplied by 30
21		and then divided by 70 (or "y" multiplied by
22		0.429); and
23		(3) for taxable years ending after December
24		31, 2005:
25		(i) for property on which a bonus
26		depreciation deduction of 30% of the adjusted

SB2435 Enrolled - 471 - LRB102 04062 AMC 14078 b
1		basis was taken, "x" equals "y" multiplied by
2		30 and then divided by 70 (or "y" multiplied
3		by 0.429); and
4		(ii) for property on which a bonus
5		depreciation deduction of 50% of the adjusted
6		basis was taken, "x" equals "y" multiplied by
7		1.0.
8		The aggregate amount deducted under this
9		subparagraph in all taxable years for any one piece of
10		property may not exceed the amount of the bonus
11		depreciation deduction taken on that property on the
12		taxpayer's federal income tax return under subsection
13		(k) of Section 168 of the Internal Revenue Code. This
14		subparagraph (R) is exempt from the provisions of
15		Section 250;
16		(S) If the taxpayer sells, transfers, abandons, or
17		otherwise disposes of property for which the taxpayer
18		was required in any taxable year to make an addition
19		modification under subparagraph (G-10), then an amount
20		equal to that addition modification.
21		If the taxpayer continues to own property through
22		the last day of the last tax year for which the
23		taxpayer may claim a depreciation deduction for
24		federal income tax purposes and for which the taxpayer
25		was required in any taxable year to make an addition
26		modification under subparagraph (G-10), then an amount

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1		equal to that addition modification.
2		The taxpayer is allowed to take the deduction
3		under this subparagraph only once with respect to any
4		one piece of property.
5		This subparagraph (S) is exempt from the
6		provisions of Section 250;
7		(T) The amount of (i) any interest income (net of
8		the deductions allocable thereto) taken into account
9		for the taxable year with respect to a transaction
10		with a taxpayer that is required to make an addition
11		modification with respect to such transaction under
12		Section 203(a)(2)(D-17), 203(b)(2)(E-12),
13		203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
14		the amount of such addition modification and (ii) any
15		income from intangible property (net of the deductions
16		allocable thereto) taken into account for the taxable
17		year with respect to a transaction with a taxpayer
18		that is required to make an addition modification with
19		respect to such transaction under Section
20		203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
21		203(d)(2)(D-8), but not to exceed the amount of such
22		addition modification. This subparagraph (T) is exempt
23		from the provisions of Section 250;
24		(U) An amount equal to the interest income taken
25		into account for the taxable year (net of the
26		deductions allocable thereto) with respect to

SB2435 Enrolled - 473 - LRB102 04062 AMC 14078 b
1		transactions with (i) a foreign person who would be a
2		member of the taxpayer's unitary business group but
3		for the fact the foreign person's business activity
4		outside the United States is 80% or more of that
5		person's total business activity and (ii) for taxable
6		years ending on or after December 31, 2008, to a person
7		who would be a member of the same unitary business
8		group but for the fact that the person is prohibited
9		under Section 1501(a)(27) from being included in the
10		unitary business group because he or she is ordinarily
11		required to apportion business income under different
12		subsections of Section 304, but not to exceed the
13		addition modification required to be made for the same
14		taxable year under Section 203(c)(2)(G-12) for
15		interest paid, accrued, or incurred, directly or
16		indirectly, to the same person. This subparagraph (U)
17		is exempt from the provisions of Section 250;
18		(V) An amount equal to the income from intangible
19		property taken into account for the taxable year (net
20		of the deductions allocable thereto) with respect to
21		transactions with (i) a foreign person who would be a
22		member of the taxpayer's unitary business group but
23		for the fact that the foreign person's business
24		activity outside the United States is 80% or more of
25		that person's total business activity and (ii) for
26		taxable years ending on or after December 31, 2008, to

SB2435 Enrolled - 474 - LRB102 04062 AMC 14078 b
1		a person who would be a member of the same unitary
2		business group but for the fact that the person is
3		prohibited under Section 1501(a)(27) from being
4		included in the unitary business group because he or
5		she is ordinarily required to apportion business
6		income under different subsections of Section 304, but
7		not to exceed the addition modification required to be
8		made for the same taxable year under Section
9		203(c)(2)(G-13) for intangible expenses and costs
10		paid, accrued, or incurred, directly or indirectly, to
11		the same foreign person. This subparagraph (V) is
12		exempt from the provisions of Section 250;
13		(W) in the case of an estate, an amount equal to
14		all amounts included in such total pursuant to the
15		provisions of Section 111 of the Internal Revenue Code
16		as a recovery of items previously deducted by the
17		decedent from adjusted gross income in the computation
18		of taxable income. This subparagraph (W) is exempt
19		from Section 250;
20		(X) an amount equal to the refund included in such
21		total of any tax deducted for federal income tax
22		purposes, to the extent that deduction was added back
23		under subparagraph (F). This subparagraph (X) is
24		exempt from the provisions of Section 250;
25		(Y) For taxable years ending on or after December
26		31, 2011, in the case of a taxpayer who was required to

SB2435 Enrolled - 475 - LRB102 04062 AMC 14078 b
1		add back any insurance premiums under Section
2		203(c)(2)(G-14), such taxpayer may elect to subtract
3		that part of a reimbursement received from the
4		insurance company equal to the amount of the expense
5		or loss (including expenses incurred by the insurance
6		company) that would have been taken into account as a
7		deduction for federal income tax purposes if the
8		expense or loss had been uninsured. If a taxpayer
9		makes the election provided for by this subparagraph
10		(Y), the insurer to which the premiums were paid must
11		add back to income the amount subtracted by the
12		taxpayer pursuant to this subparagraph (Y). This
13		subparagraph (Y) is exempt from the provisions of
14		Section 250; and
15		(Z) For taxable years beginning after December 31,
16		2018 and before January 1, 2026, the amount of excess
17		business loss of the taxpayer disallowed as a
18		deduction by Section 461(l)(1)(B) of the Internal
19		Revenue Code.
20		(3) Limitation. The amount of any modification
21		otherwise required under this subsection shall, under
22		regulations prescribed by the Department, be adjusted by
23		any amounts included therein which were properly paid,
24		credited, or required to be distributed, or permanently
25		set aside for charitable purposes pursuant to Internal
26		Revenue Code Section 642(c) during the taxable year.

SB2435 Enrolled - 476 - LRB102 04062 AMC 14078 b
1		(d) Partnerships.
2		(1) In general. In the case of a partnership, base
3		income means an amount equal to the taxpayer's taxable
4		income for the taxable year as modified by paragraph (2).
5		(2) Modifications. The taxable income referred to in
6		paragraph (1) shall be modified by adding thereto the sum
7		of the following amounts:
8		(A) An amount equal to all amounts paid or accrued
9		to the taxpayer as interest or dividends during the
10		taxable year to the extent excluded from gross income
11		in the computation of taxable income;
12		(B) An amount equal to the amount of tax imposed by
13		this Act to the extent deducted from gross income for
14		the taxable year;
15		(C) The amount of deductions allowed to the
16		partnership pursuant to Section 707 (c) of the
17		Internal Revenue Code in calculating its taxable
18		income;
19		(D) An amount equal to the amount of the capital
20		gain deduction allowable under the Internal Revenue
21		Code, to the extent deducted from gross income in the
22		computation of taxable income;
23		(D-5) For taxable years 2001 and thereafter, an
24		amount equal to the bonus depreciation deduction taken
25		on the taxpayer's federal income tax return for the

SB2435 Enrolled - 477 - LRB102 04062 AMC 14078 b
1		taxable year under subsection (k) of Section 168 of
2		the Internal Revenue Code;
3		(D-6) If the taxpayer sells, transfers, abandons,
4		or otherwise disposes of property for which the
5		taxpayer was required in any taxable year to make an
6		addition modification under subparagraph (D-5), then
7		an amount equal to the aggregate amount of the
8		deductions taken in all taxable years under
9		subparagraph (O) with respect to that property.
10		If the taxpayer continues to own property through
11		the last day of the last tax year for which the
12		taxpayer may claim a depreciation deduction for
13		federal income tax purposes and for which the taxpayer
14		was allowed in any taxable year to make a subtraction
15		modification under subparagraph (O), then an amount
16		equal to that subtraction modification.
17		The taxpayer is required to make the addition
18		modification under this subparagraph only once with
19		respect to any one piece of property;
20		(D-7) An amount equal to the amount otherwise
21		allowed as a deduction in computing base income for
22		interest paid, accrued, or incurred, directly or
23		indirectly, (i) for taxable years ending on or after
24		December 31, 2004, to a foreign person who would be a
25		member of the same unitary business group but for the
26		fact the foreign person's business activity outside

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1		the United States is 80% or more of the foreign
2		person's total business activity and (ii) for taxable
3		years ending on or after December 31, 2008, to a person
4		who would be a member of the same unitary business
5		group but for the fact that the person is prohibited
6		under Section 1501(a)(27) from being included in the
7		unitary business group because he or she is ordinarily
8		required to apportion business income under different
9		subsections of Section 304. The addition modification
10		required by this subparagraph shall be reduced to the
11		extent that dividends were included in base income of
12		the unitary group for the same taxable year and
13		received by the taxpayer or by a member of the
14		taxpayer's unitary business group (including amounts
15		included in gross income pursuant to Sections 951
16		through 964 of the Internal Revenue Code and amounts
17		included in gross income under Section 78 of the
18		Internal Revenue Code) with respect to the stock of
19		the same person to whom the interest was paid,
20		accrued, or incurred.
21		This paragraph shall not apply to the following:
22		(i) an item of interest paid, accrued, or
23		incurred, directly or indirectly, to a person who
24		is subject in a foreign country or state, other
25		than a state which requires mandatory unitary
26		reporting, to a tax on or measured by net income

SB2435 Enrolled - 479 - LRB102 04062 AMC 14078 b
1		with respect to such interest; or
2		(ii) an item of interest paid, accrued, or
3		incurred, directly or indirectly, to a person if
4		the taxpayer can establish, based on a
5		preponderance of the evidence, both of the
6		following:
7		(a) the person, during the same taxable
8		year, paid, accrued, or incurred, the interest
9		to a person that is not a related member, and
10		(b) the transaction giving rise to the
11		interest expense between the taxpayer and the
12		person did not have as a principal purpose the
13		avoidance of Illinois income tax, and is paid
14		pursuant to a contract or agreement that
15		reflects an arm's-length interest rate and
16		terms; or
17		(iii) the taxpayer can establish, based on
18		clear and convincing evidence, that the interest
19		paid, accrued, or incurred relates to a contract
20		or agreement entered into at arm's-length rates
21		and terms and the principal purpose for the
22		payment is not federal or Illinois tax avoidance;
23		or
24		(iv) an item of interest paid, accrued, or
25		incurred, directly or indirectly, to a person if
26		the taxpayer establishes by clear and convincing

SB2435 Enrolled - 480 - LRB102 04062 AMC 14078 b
1		evidence that the adjustments are unreasonable; or
2		if the taxpayer and the Director agree in writing
3		to the application or use of an alternative method
4		of apportionment under Section 304(f).
5		Nothing in this subsection shall preclude the
6		Director from making any other adjustment
7		otherwise allowed under Section 404 of this Act
8		for any tax year beginning after the effective
9		date of this amendment provided such adjustment is
10		made pursuant to regulation adopted by the
11		Department and such regulations provide methods
12		and standards by which the Department will utilize
13		its authority under Section 404 of this Act; and
14		(D-8) An amount equal to the amount of intangible
15		expenses and costs otherwise allowed as a deduction in
16		computing base income, and that were paid, accrued, or
17		incurred, directly or indirectly, (i) for taxable
18		years ending on or after December 31, 2004, to a
19		foreign person who would be a member of the same
20		unitary business group but for the fact that the
21		foreign person's business activity outside the United
22		States is 80% or more of that person's total business
23		activity and (ii) for taxable years ending on or after
24		December 31, 2008, to a person who would be a member of
25		the same unitary business group but for the fact that
26		the person is prohibited under Section 1501(a)(27)

SB2435 Enrolled - 481 - LRB102 04062 AMC 14078 b
1		from being included in the unitary business group
2		because he or she is ordinarily required to apportion
3		business income under different subsections of Section
4		304. The addition modification required by this
5		subparagraph shall be reduced to the extent that
6		dividends were included in base income of the unitary
7		group for the same taxable year and received by the
8		taxpayer or by a member of the taxpayer's unitary
9		business group (including amounts included in gross
10		income pursuant to Sections 951 through 964 of the
11		Internal Revenue Code and amounts included in gross
12		income under Section 78 of the Internal Revenue Code)
13		with respect to the stock of the same person to whom
14		the intangible expenses and costs were directly or
15		indirectly paid, incurred or accrued. The preceding
16		sentence shall not apply to the extent that the same
17		dividends caused a reduction to the addition
18		modification required under Section 203(d)(2)(D-7) of
19		this Act. As used in this subparagraph, the term
20		"intangible expenses and costs" includes (1) expenses,
21		losses, and costs for, or related to, the direct or
22		indirect acquisition, use, maintenance or management,
23		ownership, sale, exchange, or any other disposition of
24		intangible property; (2) losses incurred, directly or
25		indirectly, from factoring transactions or discounting
26		transactions; (3) royalty, patent, technical, and

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1		copyright fees; (4) licensing fees; and (5) other
2		similar expenses and costs. For purposes of this
3		subparagraph, "intangible property" includes patents,
4		patent applications, trade names, trademarks, service
5		marks, copyrights, mask works, trade secrets, and
6		similar types of intangible assets;
7		This paragraph shall not apply to the following:
8		(i) any item of intangible expenses or costs
9		paid, accrued, or incurred, directly or
10		indirectly, from a transaction with a person who
11		is subject in a foreign country or state, other
12		than a state which requires mandatory unitary
13		reporting, to a tax on or measured by net income
14		with respect to such item; or
15		(ii) any item of intangible expense or cost
16		paid, accrued, or incurred, directly or
17		indirectly, if the taxpayer can establish, based
18		on a preponderance of the evidence, both of the
19		following:
20		(a) the person during the same taxable
21		year paid, accrued, or incurred, the
22		intangible expense or cost to a person that is
23		not a related member, and
24		(b) the transaction giving rise to the
25		intangible expense or cost between the
26		taxpayer and the person did not have as a

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1		principal purpose the avoidance of Illinois
2		income tax, and is paid pursuant to a contract
3		or agreement that reflects arm's-length terms;
4		or
5		(iii) any item of intangible expense or cost
6		paid, accrued, or incurred, directly or
7		indirectly, from a transaction with a person if
8		the taxpayer establishes by clear and convincing
9		evidence, that the adjustments are unreasonable;
10		or if the taxpayer and the Director agree in
11		writing to the application or use of an
12		alternative method of apportionment under Section
13		304(f);
14		Nothing in this subsection shall preclude the
15		Director from making any other adjustment
16		otherwise allowed under Section 404 of this Act
17		for any tax year beginning after the effective
18		date of this amendment provided such adjustment is
19		made pursuant to regulation adopted by the
20		Department and such regulations provide methods
21		and standards by which the Department will utilize
22		its authority under Section 404 of this Act;
23		(D-9) For taxable years ending on or after
24		December 31, 2008, an amount equal to the amount of
25		insurance premium expenses and costs otherwise allowed
26		as a deduction in computing base income, and that were

SB2435 Enrolled - 484 - LRB102 04062 AMC 14078 b
1		paid, accrued, or incurred, directly or indirectly, to
2		a person who would be a member of the same unitary
3		business group but for the fact that the person is
4		prohibited under Section 1501(a)(27) from being
5		included in the unitary business group because he or
6		she is ordinarily required to apportion business
7		income under different subsections of Section 304. The
8		addition modification required by this subparagraph
9		shall be reduced to the extent that dividends were
10		included in base income of the unitary group for the
11		same taxable year and received by the taxpayer or by a
12		member of the taxpayer's unitary business group
13		(including amounts included in gross income under
14		Sections 951 through 964 of the Internal Revenue Code
15		and amounts included in gross income under Section 78
16		of the Internal Revenue Code) with respect to the
17		stock of the same person to whom the premiums and costs
18		were directly or indirectly paid, incurred, or
19		accrued. The preceding sentence does not apply to the
20		extent that the same dividends caused a reduction to
21		the addition modification required under Section
22		203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act;
23		(D-10) An amount equal to the credit allowable to
24		the taxpayer under Section 218(a) of this Act,
25		determined without regard to Section 218(c) of this
26		Act;

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1		(D-11) For taxable years ending on or after
2		December 31, 2017, an amount equal to the deduction
3		allowed under Section 199 of the Internal Revenue Code
4		for the taxable year;
5		and by deducting from the total so obtained the following
6		amounts:
7		(E) The valuation limitation amount;
8		(F) An amount equal to the amount of any tax
9		imposed by this Act which was refunded to the taxpayer
10		and included in such total for the taxable year;
11		(G) An amount equal to all amounts included in
12		taxable income as modified by subparagraphs (A), (B),
13		(C) and (D) which are exempt from taxation by this
14		State either by reason of its statutes or Constitution
15		or by reason of the Constitution, treaties or statutes
16		of the United States; provided that, in the case of any
17		statute of this State that exempts income derived from
18		bonds or other obligations from the tax imposed under
19		this Act, the amount exempted shall be the interest
20		net of bond premium amortization;
21		(H) Any income of the partnership which
22		constitutes personal service income as defined in
23		Section 1348(b)(1) of the Internal Revenue Code (as in
24		effect December 31, 1981) or a reasonable allowance
25		for compensation paid or accrued for services rendered
26		by partners to the partnership, whichever is greater;

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1		this subparagraph (H) is exempt from the provisions of
2		Section 250;
3		(I) An amount equal to all amounts of income
4		distributable to an entity subject to the Personal
5		Property Tax Replacement Income Tax imposed by
6		subsections (c) and (d) of Section 201 of this Act
7		including amounts distributable to organizations
8		exempt from federal income tax by reason of Section
9		501(a) of the Internal Revenue Code; this subparagraph
10		(I) is exempt from the provisions of Section 250;
11		(J) With the exception of any amounts subtracted
12		under subparagraph (G), an amount equal to the sum of
13		all amounts disallowed as deductions by (i) Sections
14		171(a)(2), and 265(a)(2) of the Internal Revenue Code,
15		and all amounts of expenses allocable to interest and
16		disallowed as deductions by Section 265(a)(1) of the
17		Internal Revenue Code; and (ii) for taxable years
18		ending on or after August 13, 1999, Sections
19		171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
20		Internal Revenue Code, plus, (iii) for taxable years
21		ending on or after December 31, 2011, Section
22		45G(e)(3) of the Internal Revenue Code and, for
23		taxable years ending on or after December 31, 2008,
24		any amount included in gross income under Section 87
25		of the Internal Revenue Code; the provisions of this
26		subparagraph are exempt from the provisions of Section

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1		250;
2		(K) An amount equal to those dividends included in
3		such total which were paid by a corporation which
4		conducts business operations in a River Edge
5		Redevelopment Zone or zones created under the River
6		Edge Redevelopment Zone Act and conducts substantially
7		all of its operations from a River Edge Redevelopment
8		Zone or zones. This subparagraph (K) is exempt from
9		the provisions of Section 250;
10		(L) An amount equal to any contribution made to a
11		job training project established pursuant to the Real
12		Property Tax Increment Allocation Redevelopment Act;
13		(M) An amount equal to those dividends included in
14		such total that were paid by a corporation that
15		conducts business operations in a federally designated
16		Foreign Trade Zone or Sub-Zone and that is designated
17		a High Impact Business located in Illinois; provided
18		that dividends eligible for the deduction provided in
19		subparagraph (K) of paragraph (2) of this subsection
20		shall not be eligible for the deduction provided under
21		this subparagraph (M);
22		(N) An amount equal to the amount of the deduction
23		used to compute the federal income tax credit for
24		restoration of substantial amounts held under claim of
25		right for the taxable year pursuant to Section 1341 of
26		the Internal Revenue Code;

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1		(O) For taxable years 2001 and thereafter, for the
2		taxable year in which the bonus depreciation deduction
3		is taken on the taxpayer's federal income tax return
4		under subsection (k) of Section 168 of the Internal
5		Revenue Code and for each applicable taxable year
6		thereafter, an amount equal to "x", where:
7		(1) "y" equals the amount of the depreciation
8		deduction taken for the taxable year on the
9		taxpayer's federal income tax return on property
10		for which the bonus depreciation deduction was
11		taken in any year under subsection (k) of Section
12		168 of the Internal Revenue Code, but not
13		including the bonus depreciation deduction;
14		(2) for taxable years ending on or before
15		December 31, 2005, "x" equals "y" multiplied by 30
16		and then divided by 70 (or "y" multiplied by
17		0.429); and
18		(3) for taxable years ending after December
19		31, 2005:
20		(i) for property on which a bonus
21		depreciation deduction of 30% of the adjusted
22		basis was taken, "x" equals "y" multiplied by
23		30 and then divided by 70 (or "y" multiplied
24		by 0.429); and
25		(ii) for property on which a bonus
26		depreciation deduction of 50% of the adjusted

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1		basis was taken, "x" equals "y" multiplied by
2		1.0.
3		The aggregate amount deducted under this
4		subparagraph in all taxable years for any one piece of
5		property may not exceed the amount of the bonus
6		depreciation deduction taken on that property on the
7		taxpayer's federal income tax return under subsection
8		(k) of Section 168 of the Internal Revenue Code. This
9		subparagraph (O) is exempt from the provisions of
10		Section 250;
11		(P) If the taxpayer sells, transfers, abandons, or
12		otherwise disposes of property for which the taxpayer
13		was required in any taxable year to make an addition
14		modification under subparagraph (D-5), then an amount
15		equal to that addition modification.
16		If the taxpayer continues to own property through
17		the last day of the last tax year for which the
18		taxpayer may claim a depreciation deduction for
19		federal income tax purposes and for which the taxpayer
20		was required in any taxable year to make an addition
21		modification under subparagraph (D-5), then an amount
22		equal to that addition modification.
23		The taxpayer is allowed to take the deduction
24		under this subparagraph only once with respect to any
25		one piece of property.
26		This subparagraph (P) is exempt from the

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1		provisions of Section 250;
2		(Q) The amount of (i) any interest income (net of
3		the deductions allocable thereto) taken into account
4		for the taxable year with respect to a transaction
5		with a taxpayer that is required to make an addition
6		modification with respect to such transaction under
7		Section 203(a)(2)(D-17), 203(b)(2)(E-12),
8		203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
9		the amount of such addition modification and (ii) any
10		income from intangible property (net of the deductions
11		allocable thereto) taken into account for the taxable
12		year with respect to a transaction with a taxpayer
13		that is required to make an addition modification with
14		respect to such transaction under Section
15		203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
16		203(d)(2)(D-8), but not to exceed the amount of such
17		addition modification. This subparagraph (Q) is exempt
18		from Section 250;
19		(R) An amount equal to the interest income taken
20		into account for the taxable year (net of the
21		deductions allocable thereto) with respect to
22		transactions with (i) a foreign person who would be a
23		member of the taxpayer's unitary business group but
24		for the fact that the foreign person's business
25		activity outside the United States is 80% or more of
26		that person's total business activity and (ii) for

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1		taxable years ending on or after December 31, 2008, to
2		a person who would be a member of the same unitary
3		business group but for the fact that the person is
4		prohibited under Section 1501(a)(27) from being
5		included in the unitary business group because he or
6		she is ordinarily required to apportion business
7		income under different subsections of Section 304, but
8		not to exceed the addition modification required to be
9		made for the same taxable year under Section
10		203(d)(2)(D-7) for interest paid, accrued, or
11		incurred, directly or indirectly, to the same person.
12		This subparagraph (R) is exempt from Section 250;
13		(S) An amount equal to the income from intangible
14		property taken into account for the taxable year (net
15		of the deductions allocable thereto) with respect to
16		transactions with (i) a foreign person who would be a
17		member of the taxpayer's unitary business group but
18		for the fact that the foreign person's business
19		activity outside the United States is 80% or more of
20		that person's total business activity and (ii) for
21		taxable years ending on or after December 31, 2008, to
22		a person who would be a member of the same unitary
23		business group but for the fact that the person is
24		prohibited under Section 1501(a)(27) from being
25		included in the unitary business group because he or
26		she is ordinarily required to apportion business

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1		income under different subsections of Section 304, but
2		not to exceed the addition modification required to be
3		made for the same taxable year under Section
4		203(d)(2)(D-8) for intangible expenses and costs paid,
5		accrued, or incurred, directly or indirectly, to the
6		same person. This subparagraph (S) is exempt from
7		Section 250; and
8		(T) For taxable years ending on or after December
9		31, 2011, in the case of a taxpayer who was required to
10		add back any insurance premiums under Section
11		203(d)(2)(D-9), such taxpayer may elect to subtract
12		that part of a reimbursement received from the
13		insurance company equal to the amount of the expense
14		or loss (including expenses incurred by the insurance
15		company) that would have been taken into account as a
16		deduction for federal income tax purposes if the
17		expense or loss had been uninsured. If a taxpayer
18		makes the election provided for by this subparagraph
19		(T), the insurer to which the premiums were paid must
20		add back to income the amount subtracted by the
21		taxpayer pursuant to this subparagraph (T). This
22		subparagraph (T) is exempt from the provisions of
23		Section 250.
24		(e) Gross income; adjusted gross income; taxable income.
25		(1) In general. Subject to the provisions of paragraph

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1		(2) and subsection (b)(3), for purposes of this Section
2		and Section 803(e), a taxpayer's gross income, adjusted
3		gross income, or taxable income for the taxable year shall
4		mean the amount of gross income, adjusted gross income or
5		taxable income properly reportable for federal income tax
6		purposes for the taxable year under the provisions of the
7		Internal Revenue Code. Taxable income may be less than
8		zero. However, for taxable years ending on or after
9		December 31, 1986, net operating loss carryforwards from
10		taxable years ending prior to December 31, 1986, may not
11		exceed the sum of federal taxable income for the taxable
12		year before net operating loss deduction, plus the excess
13		of addition modifications over subtraction modifications
14		for the taxable year. For taxable years ending prior to
15		December 31, 1986, taxable income may never be an amount
16		in excess of the net operating loss for the taxable year as
17		defined in subsections (c) and (d) of Section 172 of the
18		Internal Revenue Code, provided that when taxable income
19		of a corporation (other than a Subchapter S corporation),
20		trust, or estate is less than zero and addition
21		modifications, other than those provided by subparagraph
22		(E) of paragraph (2) of subsection (b) for corporations or
23		subparagraph (E) of paragraph (2) of subsection (c) for
24		trusts and estates, exceed subtraction modifications, an
25		addition modification must be made under those
26		subparagraphs for any other taxable year to which the

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1		taxable income less than zero (net operating loss) is
2		applied under Section 172 of the Internal Revenue Code or
3		under subparagraph (E) of paragraph (2) of this subsection
4		(e) applied in conjunction with Section 172 of the
5		Internal Revenue Code.
6		(2) Special rule. For purposes of paragraph (1) of
7		this subsection, the taxable income properly reportable
8		for federal income tax purposes shall mean:
9		(A) Certain life insurance companies. In the case
10		of a life insurance company subject to the tax imposed
11		by Section 801 of the Internal Revenue Code, life
12		insurance company taxable income, plus the amount of
13		distribution from pre-1984 policyholder surplus
14		accounts as calculated under Section 815a of the
15		Internal Revenue Code;
16		(B) Certain other insurance companies. In the case
17		of mutual insurance companies subject to the tax
18		imposed by Section 831 of the Internal Revenue Code,
19		insurance company taxable income;
20		(C) Regulated investment companies. In the case of
21		a regulated investment company subject to the tax
22		imposed by Section 852 of the Internal Revenue Code,
23		investment company taxable income;
24		(D) Real estate investment trusts. In the case of
25		a real estate investment trust subject to the tax
26		imposed by Section 857 of the Internal Revenue Code,

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1		real estate investment trust taxable income;
2		(E) Consolidated corporations. In the case of a
3		corporation which is a member of an affiliated group
4		of corporations filing a consolidated income tax
5		return for the taxable year for federal income tax
6		purposes, taxable income determined as if such
7		corporation had filed a separate return for federal
8		income tax purposes for the taxable year and each
9		preceding taxable year for which it was a member of an
10		affiliated group. For purposes of this subparagraph,
11		the taxpayer's separate taxable income shall be
12		determined as if the election provided by Section
13		243(b)(2) of the Internal Revenue Code had been in
14		effect for all such years;
15		(F) Cooperatives. In the case of a cooperative
16		corporation or association, the taxable income of such
17		organization determined in accordance with the
18		provisions of Section 1381 through 1388 of the
19		Internal Revenue Code, but without regard to the
20		prohibition against offsetting losses from patronage
21		activities against income from nonpatronage
22		activities; except that a cooperative corporation or
23		association may make an election to follow its federal
24		income tax treatment of patronage losses and
25		nonpatronage losses. In the event such election is
26		made, such losses shall be computed and carried over

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1		in a manner consistent with subsection (a) of Section
2		207 of this Act and apportioned by the apportionment
3		factor reported by the cooperative on its Illinois
4		income tax return filed for the taxable year in which
5		the losses are incurred. The election shall be
6		effective for all taxable years with original returns
7		due on or after the date of the election. In addition,
8		the cooperative may file an amended return or returns,
9		as allowed under this Act, to provide that the
10		election shall be effective for losses incurred or
11		carried forward for taxable years occurring prior to
12		the date of the election. Once made, the election may
13		only be revoked upon approval of the Director. The
14		Department shall adopt rules setting forth
15		requirements for documenting the elections and any
16		resulting Illinois net loss and the standards to be
17		used by the Director in evaluating requests to revoke
18		elections. Public Act 96-932 is declaratory of
19		existing law;
20		(G) Subchapter S corporations. In the case of: (i)
21		a Subchapter S corporation for which there is in
22		effect an election for the taxable year under Section
23		1362 of the Internal Revenue Code, the taxable income
24		of such corporation determined in accordance with
25		Section 1363(b) of the Internal Revenue Code, except
26		that taxable income shall take into account those

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1		items which are required by Section 1363(b)(1) of the
2		Internal Revenue Code to be separately stated; and
3		(ii) a Subchapter S corporation for which there is in
4		effect a federal election to opt out of the provisions
5		of the Subchapter S Revision Act of 1982 and have
6		applied instead the prior federal Subchapter S rules
7		as in effect on July 1, 1982, the taxable income of
8		such corporation determined in accordance with the
9		federal Subchapter S rules as in effect on July 1,
10		1982; and
11		(H) Partnerships. In the case of a partnership,
12		taxable income determined in accordance with Section
13		703 of the Internal Revenue Code, except that taxable
14		income shall take into account those items which are
15		required by Section 703(a)(1) to be separately stated
16		but which would be taken into account by an individual
17		in calculating his taxable income.
18		(3) Recapture of business expenses on disposition of
19		asset or business. Notwithstanding any other law to the
20		contrary, if in prior years income from an asset or
21		business has been classified as business income and in a
22		later year is demonstrated to be non-business income, then
23		all expenses, without limitation, deducted in such later
24		year and in the 2 immediately preceding taxable years
25		related to that asset or business that generated the
26		non-business income shall be added back and recaptured as

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1		business income in the year of the disposition of the
2		asset or business. Such amount shall be apportioned to
3		Illinois using the greater of the apportionment fraction
4		computed for the business under Section 304 of this Act
5		for the taxable year or the average of the apportionment
6		fractions computed for the business under Section 304 of
7		this Act for the taxable year and for the 2 immediately
8		preceding taxable years.
9		(f) Valuation limitation amount.
10		(1) In general. The valuation limitation amount
11		referred to in subsections (a)(2)(G), (c)(2)(I) and
12		(d)(2)(E) is an amount equal to:
13		(A) The sum of the pre-August 1, 1969 appreciation
14		amounts (to the extent consisting of gain reportable
15		under the provisions of Section 1245 or 1250 of the
16		Internal Revenue Code) for all property in respect of
17		which such gain was reported for the taxable year;
18		plus
19		(B) The lesser of (i) the sum of the pre-August 1,
20		1969 appreciation amounts (to the extent consisting of
21		capital gain) for all property in respect of which
22		such gain was reported for federal income tax purposes
23		for the taxable year, or (ii) the net capital gain for
24		the taxable year, reduced in either case by any amount
25		of such gain included in the amount determined under

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1		subsection (a)(2)(F) or (c)(2)(H).
2		(2) Pre-August 1, 1969 appreciation amount.
3		(A) If the fair market value of property referred
4		to in paragraph (1) was readily ascertainable on
5		August 1, 1969, the pre-August 1, 1969 appreciation
6		amount for such property is the lesser of (i) the
7		excess of such fair market value over the taxpayer's
8		basis (for determining gain) for such property on that
9		date (determined under the Internal Revenue Code as in
10		effect on that date), or (ii) the total gain realized
11		and reportable for federal income tax purposes in
12		respect of the sale, exchange or other disposition of
13		such property.
14		(B) If the fair market value of property referred
15		to in paragraph (1) was not readily ascertainable on
16		August 1, 1969, the pre-August 1, 1969 appreciation
17		amount for such property is that amount which bears
18		the same ratio to the total gain reported in respect of
19		the property for federal income tax purposes for the
20		taxable year, as the number of full calendar months in
21		that part of the taxpayer's holding period for the
22		property ending July 31, 1969 bears to the number of
23		full calendar months in the taxpayer's entire holding
24		period for the property.
25		(C) The Department shall prescribe such
26		regulations as may be necessary to carry out the

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1		purposes of this paragraph.
2		(g) Double deductions. Unless specifically provided
3		otherwise, nothing in this Section shall permit the same item
4		to be deducted more than once.
5		(h) Legislative intention. Except as expressly provided by
6		this Section there shall be no modifications or limitations on
7		the amounts of income, gain, loss or deduction taken into
8		account in determining gross income, adjusted gross income or
9		taxable income for federal income tax purposes for the taxable
10		year, or in the amount of such items entering into the
11		computation of base income and net income under this Act for
12		such taxable year, whether in respect of property values as of
13		August 1, 1969 or otherwise.
14		(Source: P.A. 100-22, eff. 7-6-17; 100-905, eff. 8-17-18;
15		101-9, eff. 6-5-19; 101-81, eff. 7-12-19; revised 9-20-19.)
16		(35 ILCS 5/229)
17		Sec. 229. Data center construction employment tax credit.
18		(a) A taxpayer who has been awarded a credit by the
19		Department of Commerce and Economic Opportunity under Section
20		605-1025 of the Department of Commerce and Economic
21		Opportunity Law of the Civil Administrative Code of Illinois
22		is entitled to a credit against the taxes imposed under
23		subsections (a) and (b) of Section 201 of this Act. The amount

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1		of the credit shall be 20% of the wages paid during the taxable
2		year to a full-time or part-time employee of a construction
3		contractor employed by a certified data center if those wages
4		are paid for the construction of a new data center in a
5		geographic area that meets any one of the following criteria:
6		(1) the area has a poverty rate of at least 20%,
7		according to the U.S. Census Bureau American Community
8		Survey 5-Year Estimates;
9		(2) 75% or more of the children in the area
10		participate in the federal free lunch program, according
11		to reported statistics from the State Board of Education;
12		(3) 20% or more of the households in the area receive
13		assistance under the Supplemental Nutrition Assistance
14		Program (SNAP), according to data from the U.S. Census
15		Bureau American Community Survey 5-year Estimates; or
16		(4) the area has an average unemployment rate, as
17		determined by the Department of Employment Security, that
18		is more than 120% of the national unemployment average, as
19		determined by the U.S. Department of Labor, for a period
20		of at least 2 consecutive calendar years preceding the
21		date of the application.
22		If the taxpayer is a partnership, a Subchapter S
23		corporation, or a limited liability company that has elected
24		partnership tax treatment, the credit shall be allowed to the
25		partners, shareholders, or members in accordance with the
26		determination of income and distributive share of income under

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1		Sections 702 and 704 and subchapter S of the Internal Revenue
2		Code, as applicable. The Department, in cooperation with the
3		Department of Commerce and Economic Opportunity, shall adopt
4		rules to enforce and administer this Section. This Section is
5		exempt from the provisions of Section 250 of this Act.
6		(b) In no event shall a credit under this Section reduce
7		the taxpayer's liability to less than zero. If the amount of
8		the credit exceeds the tax liability for the year, the excess
9		may be carried forward and applied to the tax liability of the
10		5 taxable years following the excess credit year. The tax
11		credit shall be applied to the earliest year for which there is
12		a tax liability. If there are credits for more than one year
13		that are available to offset a liability, the earlier credit
14		shall be applied first.
15		(c) No credit shall be allowed with respect to any
16		certification for any taxable year ending after the revocation
17		of the certification by the Department of Commerce and
18		Economic Opportunity. Upon receiving notification by the
19		Department of Commerce and Economic Opportunity of the
20		revocation of certification, the Department shall notify the
21		taxpayer that no credit is allowed for any taxable year ending
22		after the revocation date, as stated in such notification. If
23		any credit has been allowed with respect to a certification
24		for a taxable year ending after the revocation date, any
25		refund paid to the taxpayer for that taxable year shall, to the
26		extent of that credit allowed, be an erroneous refund within

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1		the meaning of Section 912 of this Act.
2		(Source: P.A. 101-31, eff. 6-28-19; 101-604, eff. 12-13-19.)
3		(35 ILCS 5/230)
4		(This Section was added by P.A. 101-8, which did not take
5		effect (see Section 99 of P.A. 101-8))
6		Sec. 230 229. Child tax credit.
7		(a) For taxable years beginning on or after January 1,
8		2021, there shall be allowed as a credit against the tax
9		imposed by Section 201 for the taxable year with respect to
10		each child of the taxpayer who is under the age of 17 and for
11		whom the taxpayer is allowed an additional exemption under
12		Section 204 an amount equal to $100.
13		(b) The amount of the credit allowed under subsection (a)
14		shall be reduced by $5 for each $2,000 by which the taxpayer's
15		net income exceeds $60,000 in the case of a joint return or
16		exceeds $40,000 in the case of any other form of return.
17		(c) In no event shall a credit under this Section reduce
18		the taxpayer's liability to less than zero.
19		(d) This Section is exempt from the provisions of Section
20		250.
21		(Source: P.A. 101-8, see Section 99 for effective date;
22		revised 11-18-20.)
23		(35 ILCS 5/231)
24		Sec. 231 229. Apprenticeship education expense credit.

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1		(a) As used in this Section:
2		"Department" means the Department of Commerce and Economic
3		Opportunity.
4		"Employer" means an Illinois taxpayer who is the employer
5		of the qualifying apprentice.
6		"Qualifying apprentice" means an individual who: (i) is a
7		resident of the State of Illinois; (ii) is at least 16 years
8		old at the close of the school year for which a credit is
9		sought; (iii) during the school year for which a credit is
10		sought, was a full-time apprentice enrolled in an
11		apprenticeship program which is registered with the United
12		States Department of Labor, Office of Apprenticeship; and (iv)
13		is employed in Illinois by the taxpayer who is the employer.
14		"Qualified education expense" means the amount incurred on
15		behalf of a qualifying apprentice not to exceed $3,500 for
16		tuition, book fees, and lab fees at the school or community
17		college in which the apprentice is enrolled during the regular
18		school year.
19		"School" means any public or nonpublic secondary school in
20		Illinois that is: (i) an institution of higher education that
21		provides a program that leads to an industry-recognized
22		postsecondary credential or degree; (ii) an entity that
23		carries out programs registered under the federal National
24		Apprenticeship Act; or (iii) another public or private
25		provider of a program of training services, which may include
26		a joint labor-management organization.

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1		(b) For taxable years beginning on or after January 1,
2		2020, and beginning on or before January 1, 2025, the employer
3		of one or more qualifying apprentices shall be allowed a
4		credit against the tax imposed by subsections (a) and (b) of
5		Section 201 of the Illinois Income Tax Act for qualified
6		education expenses incurred on behalf of a qualifying
7		apprentice. The credit shall be equal to 100% of the qualified
8		education expenses, but in no event may the total credit
9		amount awarded to a single taxpayer in a single taxable year
10		exceed $3,500 per qualifying apprentice. A taxpayer shall be
11		entitled to an additional $1,500 credit against the tax
12		imposed by subsections (a) and (b) of Section 201 of the
13		Illinois Income Tax Act if (i) the qualifying apprentice
14		resides in an underserved area as defined in Section 5-5 of the
15		Economic Development for a Growing Economy Tax Credit Act
16		during the school year for which a credit is sought by an
17		employer or (ii) the employer's principal place of business is
18		located in an underserved area, as defined in Section 5-5 of
19		the Economic Development for a Growing Economy Tax Credit Act.
20		In no event shall a credit under this Section reduce the
21		taxpayer's liability under this Act to less than zero. For
22		partners, shareholders of Subchapter S corporations, and
23		owners of limited liability companies, if the liability
24		company is treated as a partnership for purposes of federal
25		and State income taxation, there shall be allowed a credit
26		under this Section to be determined in accordance with the

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1		determination of income and distributive share of income under
2		Sections 702 and 704 and Subchapter S of the Internal Revenue
3		Code.
4		(c) The Department shall implement a program to certify
5		applicants for an apprenticeship credit under this Section.
6		Upon satisfactory review, the Department shall issue a tax
7		credit certificate to an employer incurring costs on behalf of
8		a qualifying apprentice stating the amount of the tax credit
9		to which the employer is entitled. If the employer is seeking a
10		tax credit for multiple qualifying apprentices, the Department
11		may issue a single tax credit certificate that encompasses the
12		aggregate total of tax credits for qualifying apprentices for
13		a single employer.
14		(d) The Department, in addition to those powers granted
15		under the Civil Administrative Code of Illinois, is granted
16		and shall have all the powers necessary or convenient to carry
17		out and effectuate the purposes and provisions of this
18		Section, including, but not limited to, power and authority
19		to:
20		(1) Adopt rules deemed necessary and appropriate for
21		the administration of this Section; establish forms for
22		applications, notifications, contracts, or any other
23		agreements; and accept applications at any time during the
24		year and require that all applications be submitted via
25		the Internet. The Department shall require that
26		applications be submitted in electronic form.

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1		(2) Provide guidance and assistance to applicants
2		pursuant to the provisions of this Section and cooperate
3		with applicants to promote, foster, and support job
4		creation within the State.
5		(3) Enter into agreements and memoranda of
6		understanding for participation of and engage in
7		cooperation with agencies of the federal government, units
8		of local government, universities, research foundations or
9		institutions, regional economic development corporations,
10		or other organizations for the purposes of this Section.
11		(4) Gather information and conduct inquiries, in the
12		manner and by the methods it deems desirable, including,
13		without limitation, gathering information with respect to
14		applicants for the purpose of making any designations or
15		certifications necessary or desirable or to gather
16		information in furtherance of the purposes of this Act.
17		(5) Establish, negotiate, and effectuate any term,
18		agreement, or other document with any person necessary or
19		appropriate to accomplish the purposes of this Section,
20		and consent, subject to the provisions of any agreement
21		with another party, to the modification or restructuring
22		of any agreement to which the Department is a party.
23		(6) Provide for sufficient personnel to permit
24		administration, staffing, operation, and related support
25		required to adequately discharge its duties and
26		responsibilities described in this Section from funds made

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1		available through charges to applicants or from funds as
2		may be appropriated by the General Assembly for the
3		administration of this Section.
4		(7) Require applicants, upon written request, to issue
5		any necessary authorization to the appropriate federal,
6		State, or local authority or any other person for the
7		release to the Department of information requested by the
8		Department, including, but not be limited to, financial
9		reports, returns, or records relating to the applicant or
10		to the amount of credit allowable under this Section.
11		(8) Require that an applicant shall, at all times,
12		keep proper books of record and account in accordance with
13		generally accepted accounting principles consistently
14		applied, with the books, records, or papers related to the
15		agreement in the custody or control of the applicant open
16		for reasonable Department inspection and audits,
17		including, without limitation, the making of copies of the
18		books, records, or papers.
19		(9) Take whatever actions are necessary or appropriate
20		to protect the State's interest in the event of
21		bankruptcy, default, foreclosure, or noncompliance with
22		the terms and conditions of financial assistance or
23		participation required under this Section or any agreement
24		entered into under this Section, including the power to
25		sell, dispose of, lease, or rent, upon terms and
26		conditions determined by the Department to be appropriate,

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1		real or personal property that the Department may recover
2		as a result of these actions.
3		(e) The Department, in consultation with the Department of
4		Revenue, shall adopt rules to administer this Section. The
5		aggregate amount of the tax credits that may be claimed under
6		this Section for qualified education expenses incurred by an
7		employer on behalf of a qualifying apprentice shall be limited
8		to $5,000,000 per calendar year. If applications for a greater
9		amount are received, credits shall be allowed on a first-come
10		first-served basis, based on the date on which each properly
11		completed application for a certificate of eligibility is
12		received by the Department. If more than one certificate is
13		received on the same day, the credits will be awarded based on
14		the time of submission for that particular day.
15		(f) An employer may not sell or otherwise transfer a
16		credit awarded under this Section to another person or
17		taxpayer.
18		(g) The employer shall provide the Department such
19		information as the Department may require, including but not
20		limited to: (i) the name, age, and taxpayer identification
21		number of each qualifying apprentice employed by the taxpayer
22		during the taxable year; (ii) the amount of qualified
23		education expenses incurred with respect to each qualifying
24		apprentice; and (iii) the name of the school at which the
25		qualifying apprentice is enrolled and the qualified education
26		expenses are incurred.

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1		(h) On or before July 1 of each year, the Department shall
2		report to the Governor and the General Assembly on the tax
3		credit certificates awarded under this Section for the prior
4		calendar year. The report must include:
5		(1) the name of each employer awarded or allocated a
6		credit;
7		(2) the number of qualifying apprentices for whom the
8		employer has incurred qualified education expenses;
9		(3) the North American Industry Classification System
10		(NAICS) code applicable to each employer awarded or
11		allocated a credit;
12		(4) the amount of the credit awarded or allocated to
13		each employer;
14		(5) the total number of employers awarded or allocated
15		a credit;
16		(6) the total number of qualifying apprentices for
17		whom employers receiving credits under this Section
18		incurred qualified education expenses; and
19		(7) the average cost to the employer of all
20		apprenticeships receiving credits under this Section.
21		(Source: P.A. 101-207, eff. 8-2-19; revised 9-5-19.)
22		(35 ILCS 5/304) (from Ch. 120, par. 3-304)
23		Sec. 304. Business income of persons other than residents.
24		(a) In general. The business income of a person other than
25		a resident shall be allocated to this State if such person's

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1		business income is derived solely from this State. If a person
2		other than a resident derives business income from this State
3		and one or more other states, then, for tax years ending on or
4		before December 30, 1998, and except as otherwise provided by
5		this Section, such person's business income shall be
6		apportioned to this State by multiplying the income by a
7		fraction, the numerator of which is the sum of the property
8		factor (if any), the payroll factor (if any) and 200% of the
9		sales factor (if any), and the denominator of which is 4
10		reduced by the number of factors other than the sales factor
11		which have a denominator of zero and by an additional 2 if the
12		sales factor has a denominator of zero. For tax years ending on
13		or after December 31, 1998, and except as otherwise provided
14		by this Section, persons other than residents who derive
15		business income from this State and one or more other states
16		shall compute their apportionment factor by weighting their
17		property, payroll, and sales factors as provided in subsection
18		(h) of this Section.
19		(1) Property factor.
20		(A) The property factor is a fraction, the numerator
21		of which is the average value of the person's real and
22		tangible personal property owned or rented and used in the
23		trade or business in this State during the taxable year
24		and the denominator of which is the average value of all
25		the person's real and tangible personal property owned or
26		rented and used in the trade or business during the

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1		taxable year.
2		(B) Property owned by the person is valued at its
3		original cost. Property rented by the person is valued at
4		8 times the net annual rental rate. Net annual rental rate
5		is the annual rental rate paid by the person less any
6		annual rental rate received by the person from
7		sub-rentals.
8		(C) The average value of property shall be determined
9		by averaging the values at the beginning and ending of the
10		taxable year but the Director may require the averaging of
11		monthly values during the taxable year if reasonably
12		required to reflect properly the average value of the
13		person's property.
14		(2) Payroll factor.
15		(A) The payroll factor is a fraction, the numerator of
16		which is the total amount paid in this State during the
17		taxable year by the person for compensation, and the
18		denominator of which is the total compensation paid
19		everywhere during the taxable year.
20		(B) Compensation is paid in this State if:
21		(i) The individual's service is performed entirely
22		within this State;
23		(ii) The individual's service is performed both
24		within and without this State, but the service
25		performed without this State is incidental to the
26		individual's service performed within this State; or

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1		(iii) For tax years ending prior to December 31,
2		2020, some of the service is performed within this
3		State and either the base of operations, or if there is
4		no base of operations, the place from which the
5		service is directed or controlled is within this
6		State, or the base of operations or the place from
7		which the service is directed or controlled is not in
8		any state in which some part of the service is
9		performed, but the individual's residence is in this
10		State. For tax years ending on or after December 31,
11		2020, compensation is paid in this State if some of the
12		individual's service is performed within this State,
13		the individual's service performed within this State
14		is nonincidental to the individual's service performed
15		without this State, and the individual's service is
16		performed within this State for more than 30 working
17		days during the tax year. The amount of compensation
18		paid in this State shall include the portion of the
19		individual's total compensation for services performed
20		on behalf of his or her employer during the tax year
21		which the number of working days spent within this
22		State during the tax year bears to the total number of
23		working days spent both within and without this State
24		during the tax year. For purposes of this paragraph:
25		(a) The term "working day" means all days
26		during the tax year in which the individual

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1		performs duties on behalf of his or her employer.
2		All days in which the individual performs no
3		duties on behalf of his or her employer (e.g.,
4		weekends, vacation days, sick days, and holidays)
5		are not working days.
6		(b) A working day is spent within this State
7		if:
8		(1) the individual performs service on
9		behalf of the employer and a greater amount of
10		time on that day is spent by the individual
11		performing duties on behalf of the employer
12		within this State, without regard to time
13		spent traveling, than is spent performing
14		duties on behalf of the employer without this
15		State; or
16		(2) the only service the individual
17		performs on behalf of the employer on that day
18		is traveling to a destination within this
19		State, and the individual arrives on that day.
20		(c) Working days spent within this State do
21		not include any day in which the employee is
22		performing services in this State during a
23		disaster period solely in response to a request
24		made to his or her employer by the government of
25		this State, by any political subdivision of this
26		State, or by a person conducting business in this

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1		State to perform disaster or emergency-related
2		services in this State. For purposes of this item
3		(c):
4		"Declared State disaster or emergency"
5		means a disaster or emergency event (i) for
6		which a Governor's proclamation of a state of
7		emergency has been issued or (ii) for which a
8		Presidential declaration of a federal major
9		disaster or emergency has been issued.
10		"Disaster period" means a period that
11		begins 10 days prior to the date of the
12		Governor's proclamation or the President's
13		declaration (whichever is earlier) and extends
14		for a period of 60 calendar days after the end
15		of the declared disaster or emergency period.
16		"Disaster or emergency-related services"
17		means repairing, renovating, installing,
18		building, or rendering services or conducting
19		other business activities that relate to
20		infrastructure that has been damaged,
21		impaired, or destroyed by the declared State
22		disaster or emergency.
23		"Infrastructure" means property and
24		equipment owned or used by a public utility,
25		communications network, broadband and internet
26		service provider, cable and video service

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1		provider, electric or gas distribution system,
2		or water pipeline that provides service to
3		more than one customer or person, including
4		related support facilities. "Infrastructure"
5		includes, but is not limited to, real and
6		personal property such as buildings, offices,
7		power lines, cable lines, poles,
8		communications lines, pipes, structures, and
9		equipment.
10		(iv) Compensation paid to nonresident professional
11		athletes.
12		(a) General. The Illinois source income of a
13		nonresident individual who is a member of a
14		professional athletic team includes the portion of the
15		individual's total compensation for services performed
16		as a member of a professional athletic team during the
17		taxable year which the number of duty days spent
18		within this State performing services for the team in
19		any manner during the taxable year bears to the total
20		number of duty days spent both within and without this
21		State during the taxable year.
22		(b) Travel days. Travel days that do not involve
23		either a game, practice, team meeting, or other
24		similar team event are not considered duty days spent
25		in this State. However, such travel days are
26		considered in the total duty days spent both within

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1		and without this State.
2		(c) Definitions. For purposes of this subpart
3		(iv):
4		(1) The term "professional athletic team"
5		includes, but is not limited to, any professional
6		baseball, basketball, football, soccer, or hockey
7		team.
8		(2) The term "member of a professional
9		athletic team" includes those employees who are
10		active players, players on the disabled list, and
11		any other persons required to travel and who
12		travel with and perform services on behalf of a
13		professional athletic team on a regular basis.
14		This includes, but is not limited to, coaches,
15		managers, and trainers.
16		(3) Except as provided in items (C) and (D) of
17		this subpart (3), the term "duty days" means all
18		days during the taxable year from the beginning of
19		the professional athletic team's official
20		pre-season training period through the last game
21		in which the team competes or is scheduled to
22		compete. Duty days shall be counted for the year
23		in which they occur, including where a team's
24		official pre-season training period through the
25		last game in which the team competes or is
26		scheduled to compete, occurs during more than one

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1		tax year.
2		(A) Duty days shall also include days on
3		which a member of a professional athletic team
4		performs service for a team on a date that
5		does not fall within the foregoing period
6		(e.g., participation in instructional leagues,
7		the "All Star Game", or promotional
8		"caravans"). Performing a service for a
9		professional athletic team includes conducting
10		training and rehabilitation activities, when
11		such activities are conducted at team
12		facilities.
13		(B) Also included in duty days are game
14		days, practice days, days spent at team
15		meetings, promotional caravans, preseason
16		training camps, and days served with the team
17		through all post-season games in which the
18		team competes or is scheduled to compete.
19		(C) Duty days for any person who joins a
20		team during the period from the beginning of
21		the professional athletic team's official
22		pre-season training period through the last
23		game in which the team competes, or is
24		scheduled to compete, shall begin on the day
25		that person joins the team. Conversely, duty
26		days for any person who leaves a team during

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1		this period shall end on the day that person
2		leaves the team. Where a person switches teams
3		during a taxable year, a separate duty-day
4		calculation shall be made for the period the
5		person was with each team.
6		(D) Days for which a member of a
7		professional athletic team is not compensated
8		and is not performing services for the team in
9		any manner, including days when such member of
10		a professional athletic team has been
11		suspended without pay and prohibited from
12		performing any services for the team, shall
13		not be treated as duty days.
14		(E) Days for which a member of a
15		professional athletic team is on the disabled
16		list and does not conduct rehabilitation
17		activities at facilities of the team, and is
18		not otherwise performing services for the team
19		in Illinois, shall not be considered duty days
20		spent in this State. All days on the disabled
21		list, however, are considered to be included
22		in total duty days spent both within and
23		without this State.
24		(4) The term "total compensation for services
25		performed as a member of a professional athletic
26		team" means the total compensation received during

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1		the taxable year for services performed:
2		(A) from the beginning of the official
3		pre-season training period through the last
4		game in which the team competes or is
5		scheduled to compete during that taxable year;
6		and
7		(B) during the taxable year on a date
8		which does not fall within the foregoing
9		period (e.g., participation in instructional
10		leagues, the "All Star Game", or promotional
11		caravans).
12		This compensation shall include, but is not
13		limited to, salaries, wages, bonuses as described
14		in this subpart, and any other type of
15		compensation paid during the taxable year to a
16		member of a professional athletic team for
17		services performed in that year. This compensation
18		does not include strike benefits, severance pay,
19		termination pay, contract or option year buy-out
20		payments, expansion or relocation payments, or any
21		other payments not related to services performed
22		for the team.
23		For purposes of this subparagraph, "bonuses"
24		included in "total compensation for services
25		performed as a member of a professional athletic
26		team" subject to the allocation described in

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1		Section 302(c)(1) are: bonuses earned as a result
2		of play (i.e., performance bonuses) during the
3		season, including bonuses paid for championship,
4		playoff or "bowl" games played by a team, or for
5		selection to all-star league or other honorary
6		positions; and bonuses paid for signing a
7		contract, unless the payment of the signing bonus
8		is not conditional upon the signee playing any
9		games for the team or performing any subsequent
10		services for the team or even making the team, the
11		signing bonus is payable separately from the
12		salary and any other compensation, and the signing
13		bonus is nonrefundable.
14		(3) Sales factor.
15		(A) The sales factor is a fraction, the numerator of
16		which is the total sales of the person in this State during
17		the taxable year, and the denominator of which is the
18		total sales of the person everywhere during the taxable
19		year.
20		(B) Sales of tangible personal property are in this
21		State if:
22		(i) The property is delivered or shipped to a
23		purchaser, other than the United States government,
24		within this State regardless of the f. o. b. point or
25		other conditions of the sale; or
26		(ii) The property is shipped from an office,

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1		store, warehouse, factory or other place of storage in
2		this State and either the purchaser is the United
3		States government or the person is not taxable in the
4		state of the purchaser; provided, however, that
5		premises owned or leased by a person who has
6		independently contracted with the seller for the
7		printing of newspapers, periodicals or books shall not
8		be deemed to be an office, store, warehouse, factory
9		or other place of storage for purposes of this
10		Section. Sales of tangible personal property are not
11		in this State if the seller and purchaser would be
12		members of the same unitary business group but for the
13		fact that either the seller or purchaser is a person
14		with 80% or more of total business activity outside of
15		the United States and the property is purchased for
16		resale.
17		(B-1) Patents, copyrights, trademarks, and similar
18		items of intangible personal property.
19		(i) Gross receipts from the licensing, sale, or
20		other disposition of a patent, copyright, trademark,
21		or similar item of intangible personal property, other
22		than gross receipts governed by paragraph (B-7) of
23		this item (3), are in this State to the extent the item
24		is utilized in this State during the year the gross
25		receipts are included in gross income.
26		(ii) Place of utilization.

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1		(I) A patent is utilized in a state to the
2		extent that it is employed in production,
3		fabrication, manufacturing, or other processing in
4		the state or to the extent that a patented product
5		is produced in the state. If a patent is utilized
6		in more than one state, the extent to which it is
7		utilized in any one state shall be a fraction
8		equal to the gross receipts of the licensee or
9		purchaser from sales or leases of items produced,
10		fabricated, manufactured, or processed within that
11		state using the patent and of patented items
12		produced within that state, divided by the total
13		of such gross receipts for all states in which the
14		patent is utilized.
15		(II) A copyright is utilized in a state to the
16		extent that printing or other publication
17		originates in the state. If a copyright is
18		utilized in more than one state, the extent to
19		which it is utilized in any one state shall be a
20		fraction equal to the gross receipts from sales or
21		licenses of materials printed or published in that
22		state divided by the total of such gross receipts
23		for all states in which the copyright is utilized.
24		(III) Trademarks and other items of intangible
25		personal property governed by this paragraph (B-1)
26		are utilized in the state in which the commercial

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1		domicile of the licensee or purchaser is located.
2		(iii) If the state of utilization of an item of
3		property governed by this paragraph (B-1) cannot be
4		determined from the taxpayer's books and records or
5		from the books and records of any person related to the
6		taxpayer within the meaning of Section 267(b) of the
7		Internal Revenue Code, 26 U.S.C. 267, the gross
8		receipts attributable to that item shall be excluded
9		from both the numerator and the denominator of the
10		sales factor.
11		(B-2) Gross receipts from the license, sale, or other
12		disposition of patents, copyrights, trademarks, and
13		similar items of intangible personal property, other than
14		gross receipts governed by paragraph (B-7) of this item
15		(3), may be included in the numerator or denominator of
16		the sales factor only if gross receipts from licenses,
17		sales, or other disposition of such items comprise more
18		than 50% of the taxpayer's total gross receipts included
19		in gross income during the tax year and during each of the
20		2 immediately preceding tax years; provided that, when a
21		taxpayer is a member of a unitary business group, such
22		determination shall be made on the basis of the gross
23		receipts of the entire unitary business group.
24		(B-5) For taxable years ending on or after December
25		31, 2008, except as provided in subsections (ii) through
26		(vii), receipts from the sale of telecommunications

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1		service or mobile telecommunications service are in this
2		State if the customer's service address is in this State.
3		(i) For purposes of this subparagraph (B-5), the
4		following terms have the following meanings:
5		"Ancillary services" means services that are
6		associated with or incidental to the provision of
7		"telecommunications services", including, but not
8		limited to, "detailed telecommunications billing",
9		"directory assistance", "vertical service", and "voice
10		mail services".
11		"Air-to-Ground Radiotelephone service" means a
12		radio service, as that term is defined in 47 CFR 22.99,
13		in which common carriers are authorized to offer and
14		provide radio telecommunications service for hire to
15		subscribers in aircraft.
16		"Call-by-call Basis" means any method of charging
17		for telecommunications services where the price is
18		measured by individual calls.
19		"Communications Channel" means a physical or
20		virtual path of communications over which signals are
21		transmitted between or among customer channel
22		termination points.
23		"Conference bridging service" means an "ancillary
24		service" that links two or more participants of an
25		audio or video conference call and may include the
26		provision of a telephone number. "Conference bridging

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1		service" does not include the "telecommunications
2		services" used to reach the conference bridge.
3		"Customer Channel Termination Point" means the
4		location where the customer either inputs or receives
5		the communications.
6		"Detailed telecommunications billing service"
7		means an "ancillary service" of separately stating
8		information pertaining to individual calls on a
9		customer's billing statement.
10		"Directory assistance" means an "ancillary
11		service" of providing telephone number information,
12		and/or address information.
13		"Home service provider" means the facilities based
14		carrier or reseller with which the customer contracts
15		for the provision of mobile telecommunications
16		services.
17		"Mobile telecommunications service" means
18		commercial mobile radio service, as defined in Section
19		20.3 of Title 47 of the Code of Federal Regulations as
20		in effect on June 1, 1999.
21		"Place of primary use" means the street address
22		representative of where the customer's use of the
23		telecommunications service primarily occurs, which
24		must be the residential street address or the primary
25		business street address of the customer. In the case
26		of mobile telecommunications services, "place of

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1		primary use" must be within the licensed service area
2		of the home service provider.
3		"Post-paid telecommunication service" means the
4		telecommunications service obtained by making a
5		payment on a call-by-call basis either through the use
6		of a credit card or payment mechanism such as a bank
7		card, travel card, credit card, or debit card, or by
8		charge made to a telephone number which is not
9		associated with the origination or termination of the
10		telecommunications service. A post-paid calling
11		service includes telecommunications service, except a
12		prepaid wireless calling service, that would be a
13		prepaid calling service except it is not exclusively a
14		telecommunication service.
15		"Prepaid telecommunication service" means the
16		right to access exclusively telecommunications
17		services, which must be paid for in advance and which
18		enables the origination of calls using an access
19		number or authorization code, whether manually or
20		electronically dialed, and that is sold in
21		predetermined units or dollars of which the number
22		declines with use in a known amount.
23		"Prepaid Mobile telecommunication service" means a
24		telecommunications service that provides the right to
25		utilize mobile wireless service as well as other
26		non-telecommunication services, including, but not

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1		limited to, ancillary services, which must be paid for
2		in advance that is sold in predetermined units or
3		dollars of which the number declines with use in a
4		known amount.
5		"Private communication service" means a
6		telecommunication service that entitles the customer
7		to exclusive or priority use of a communications
8		channel or group of channels between or among
9		termination points, regardless of the manner in which
10		such channel or channels are connected, and includes
11		switching capacity, extension lines, stations, and any
12		other associated services that are provided in
13		connection with the use of such channel or channels.
14		"Service address" means:
15		(a) The location of the telecommunications
16		equipment to which a customer's call is charged
17		and from which the call originates or terminates,
18		regardless of where the call is billed or paid;
19		(b) If the location in line (a) is not known,
20		service address means the origination point of the
21		signal of the telecommunications services first
22		identified by either the seller's
23		telecommunications system or in information
24		received by the seller from its service provider
25		where the system used to transport such signals is
26		not that of the seller; and

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1		(c) If the locations in line (a) and line (b)
2		are not known, the service address means the
3		location of the customer's place of primary use.
4		"Telecommunications service" means the electronic
5		transmission, conveyance, or routing of voice, data,
6		audio, video, or any other information or signals to a
7		point, or between or among points. The term
8		"telecommunications service" includes such
9		transmission, conveyance, or routing in which computer
10		processing applications are used to act on the form,
11		code or protocol of the content for purposes of
12		transmission, conveyance or routing without regard to
13		whether such service is referred to as voice over
14		Internet protocol services or is classified by the
15		Federal Communications Commission as enhanced or value
16		added. "Telecommunications service" does not include:
17		(a) Data processing and information services
18		that allow data to be generated, acquired, stored,
19		processed, or retrieved and delivered by an
20		electronic transmission to a purchaser when such
21		purchaser's primary purpose for the underlying
22		transaction is the processed data or information;
23		(b) Installation or maintenance of wiring or
24		equipment on a customer's premises;
25		(c) Tangible personal property;
26		(d) Advertising, including, but not limited

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1		to, directory advertising;
2		(e) Billing and collection services provided
3		to third parties;
4		(f) Internet access service;
5		(g) Radio and television audio and video
6		programming services, regardless of the medium,
7		including the furnishing of transmission,
8		conveyance and routing of such services by the
9		programming service provider. Radio and television
10		audio and video programming services shall
11		include, but not be limited to, cable service as
12		defined in 47 USC 522(6) and audio and video
13		programming services delivered by commercial
14		mobile radio service providers, as defined in 47
15		CFR 20.3;
16		(h) "Ancillary services"; or
17		(i) Digital products "delivered
18		electronically", including, but not limited to,
19		software, music, video, reading materials or ring
20		tones.
21		"Vertical service" means an "ancillary service"
22		that is offered in connection with one or more
23		"telecommunications services", which offers advanced
24		calling features that allow customers to identify
25		callers and to manage multiple calls and call
26		connections, including "conference bridging services".

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1		"Voice mail service" means an "ancillary service"
2		that enables the customer to store, send or receive
3		recorded messages. "Voice mail service" does not
4		include any "vertical services" that the customer may
5		be required to have in order to utilize the "voice mail
6		service".
7		(ii) Receipts from the sale of telecommunications
8		service sold on an individual call-by-call basis are
9		in this State if either of the following applies:
10		(a) The call both originates and terminates in
11		this State.
12		(b) The call either originates or terminates
13		in this State and the service address is located
14		in this State.
15		(iii) Receipts from the sale of postpaid
16		telecommunications service at retail are in this State
17		if the origination point of the telecommunication
18		signal, as first identified by the service provider's
19		telecommunication system or as identified by
20		information received by the seller from its service
21		provider if the system used to transport
22		telecommunication signals is not the seller's, is
23		located in this State.
24		(iv) Receipts from the sale of prepaid
25		telecommunications service or prepaid mobile
26		telecommunications service at retail are in this State

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1		if the purchaser obtains the prepaid card or similar
2		means of conveyance at a location in this State.
3		Receipts from recharging a prepaid telecommunications
4		service or mobile telecommunications service is in
5		this State if the purchaser's billing information
6		indicates a location in this State.
7		(v) Receipts from the sale of private
8		communication services are in this State as follows:
9		(a) 100% of receipts from charges imposed at
10		each channel termination point in this State.
11		(b) 100% of receipts from charges for the
12		total channel mileage between each channel
13		termination point in this State.
14		(c) 50% of the total receipts from charges for
15		service segments when those segments are between 2
16		customer channel termination points, 1 of which is
17		located in this State and the other is located
18		outside of this State, which segments are
19		separately charged.
20		(d) The receipts from charges for service
21		segments with a channel termination point located
22		in this State and in two or more other states, and
23		which segments are not separately billed, are in
24		this State based on a percentage determined by
25		dividing the number of customer channel
26		termination points in this State by the total

SB2435 Enrolled - 533 - LRB102 04062 AMC 14078 b
1		number of customer channel termination points.
2		(vi) Receipts from charges for ancillary services
3		for telecommunications service sold to customers at
4		retail are in this State if the customer's primary
5		place of use of telecommunications services associated
6		with those ancillary services is in this State. If the
7		seller of those ancillary services cannot determine
8		where the associated telecommunications are located,
9		then the ancillary services shall be based on the
10		location of the purchaser.
11		(vii) Receipts to access a carrier's network or
12		from the sale of telecommunication services or
13		ancillary services for resale are in this State as
14		follows:
15		(a) 100% of the receipts from access fees
16		attributable to intrastate telecommunications
17		service that both originates and terminates in
18		this State.
19		(b) 50% of the receipts from access fees
20		attributable to interstate telecommunications
21		service if the interstate call either originates
22		or terminates in this State.
23		(c) 100% of the receipts from interstate end
24		user access line charges, if the customer's
25		service address is in this State. As used in this
26		subdivision, "interstate end user access line

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1		charges" includes, but is not limited to, the
2		surcharge approved by the federal communications
3		commission and levied pursuant to 47 CFR 69.
4		(d) Gross receipts from sales of
5		telecommunication services or from ancillary
6		services for telecommunications services sold to
7		other telecommunication service providers for
8		resale shall be sourced to this State using the
9		apportionment concepts used for non-resale
10		receipts of telecommunications services if the
11		information is readily available to make that
12		determination. If the information is not readily
13		available, then the taxpayer may use any other
14		reasonable and consistent method.
15		(B-7) For taxable years ending on or after December
16		31, 2008, receipts from the sale of broadcasting services
17		are in this State if the broadcasting services are
18		received in this State. For purposes of this paragraph
19		(B-7), the following terms have the following meanings:
20		"Advertising revenue" means consideration received
21		by the taxpayer in exchange for broadcasting services
22		or allowing the broadcasting of commercials or
23		announcements in connection with the broadcasting of
24		film or radio programming, from sponsorships of the
25		programming, or from product placements in the
26		programming.

SB2435 Enrolled - 535 - LRB102 04062 AMC 14078 b
1		"Audience factor" means the ratio that the
2		audience or subscribers located in this State of a
3		station, a network, or a cable system bears to the
4		total audience or total subscribers for that station,
5		network, or cable system. The audience factor for film
6		or radio programming shall be determined by reference
7		to the books and records of the taxpayer or by
8		reference to published rating statistics provided the
9		method used by the taxpayer is consistently used from
10		year to year for this purpose and fairly represents
11		the taxpayer's activity in this State.
12		"Broadcast" or "broadcasting" or "broadcasting
13		services" means the transmission or provision of film
14		or radio programming, whether through the public
15		airwaves, by cable, by direct or indirect satellite
16		transmission, or by any other means of communication,
17		either through a station, a network, or a cable
18		system.
19		"Film" or "film programming" means the broadcast
20		on television of any and all performances, events, or
21		productions, including, but not limited to, news,
22		sporting events, plays, stories, or other literary,
23		commercial, educational, or artistic works, either
24		live or through the use of video tape, disc, or any
25		other type of format or medium. Each episode of a
26		series of films produced for television shall

SB2435 Enrolled - 536 - LRB102 04062 AMC 14078 b
1		constitute separate "film" notwithstanding that the
2		series relates to the same principal subject and is
3		produced during one or more tax periods.
4		"Radio" or "radio programming" means the broadcast
5		on radio of any and all performances, events, or
6		productions, including, but not limited to, news,
7		sporting events, plays, stories, or other literary,
8		commercial, educational, or artistic works, either
9		live or through the use of an audio tape, disc, or any
10		other format or medium. Each episode in a series of
11		radio programming produced for radio broadcast shall
12		constitute a separate "radio programming"
13		notwithstanding that the series relates to the same
14		principal subject and is produced during one or more
15		tax periods.
16		(i) In the case of advertising revenue from
17		broadcasting, the customer is the advertiser and
18		the service is received in this State if the
19		commercial domicile of the advertiser is in this
20		State.
21		(ii) In the case where film or radio
22		programming is broadcast by a station, a network,
23		or a cable system for a fee or other remuneration
24		received from the recipient of the broadcast, the
25		portion of the service that is received in this
26		State is measured by the portion of the recipients

SB2435 Enrolled - 537 - LRB102 04062 AMC 14078 b
1		of the broadcast located in this State.
2		Accordingly, the fee or other remuneration for
3		such service that is included in the Illinois
4		numerator of the sales factor is the total of
5		those fees or other remuneration received from
6		recipients in Illinois. For purposes of this
7		paragraph, a taxpayer may determine the location
8		of the recipients of its broadcast using the
9		address of the recipient shown in its contracts
10		with the recipient or using the billing address of
11		the recipient in the taxpayer's records.
12		(iii) In the case where film or radio
13		programming is broadcast by a station, a network,
14		or a cable system for a fee or other remuneration
15		from the person providing the programming, the
16		portion of the broadcast service that is received
17		by such station, network, or cable system in this
18		State is measured by the portion of recipients of
19		the broadcast located in this State. Accordingly,
20		the amount of revenue related to such an
21		arrangement that is included in the Illinois
22		numerator of the sales factor is the total fee or
23		other total remuneration from the person providing
24		the programming related to that broadcast
25		multiplied by the Illinois audience factor for
26		that broadcast.

SB2435 Enrolled - 538 - LRB102 04062 AMC 14078 b
1		(iv) In the case where film or radio
2		programming is provided by a taxpayer that is a
3		network or station to a customer for broadcast in
4		exchange for a fee or other remuneration from that
5		customer the broadcasting service is received at
6		the location of the office of the customer from
7		which the services were ordered in the regular
8		course of the customer's trade or business.
9		Accordingly, in such a case the revenue derived by
10		the taxpayer that is included in the taxpayer's
11		Illinois numerator of the sales factor is the
12		revenue from such customers who receive the
13		broadcasting service in Illinois.
14		(v) In the case where film or radio
15		programming is provided by a taxpayer that is not
16		a network or station to another person for
17		broadcasting in exchange for a fee or other
18		remuneration from that person, the broadcasting
19		service is received at the location of the office
20		of the customer from which the services were
21		ordered in the regular course of the customer's
22		trade or business. Accordingly, in such a case the
23		revenue derived by the taxpayer that is included
24		in the taxpayer's Illinois numerator of the sales
25		factor is the revenue from such customers who
26		receive the broadcasting service in Illinois.

SB2435 Enrolled - 539 - LRB102 04062 AMC 14078 b
1		(B-8) Gross receipts from winnings under the Illinois
2		Lottery Law from the assignment of a prize under Section
3		13.1 of the Illinois Lottery Law are received in this
4		State. This paragraph (B-8) applies only to taxable years
5		ending on or after December 31, 2013.
6		(B-9) For taxable years ending on or after December
7		31, 2019, gross receipts from winnings from pari-mutuel
8		wagering conducted at a wagering facility licensed under
9		the Illinois Horse Racing Act of 1975 or from winnings
10		from gambling games conducted on a riverboat or in a
11		casino or organization gaming facility licensed under the
12		Illinois Gambling Act are in this State.
13		(C) For taxable years ending before December 31, 2008,
14		sales, other than sales governed by paragraphs (B), (B-1),
15		(B-2), and (B-8) are in this State if:
16		(i) The income-producing activity is performed in
17		this State; or
18		(ii) The income-producing activity is performed
19		both within and without this State and a greater
20		proportion of the income-producing activity is
21		performed within this State than without this State,
22		based on performance costs.
23		(C-5) For taxable years ending on or after December
24		31, 2008, sales, other than sales governed by paragraphs
25		(B), (B-1), (B-2), (B-5), and (B-7), are in this State if
26		any of the following criteria are met:

SB2435 Enrolled - 540 - LRB102 04062 AMC 14078 b
1		(i) Sales from the sale or lease of real property
2		are in this State if the property is located in this
3		State.
4		(ii) Sales from the lease or rental of tangible
5		personal property are in this State if the property is
6		located in this State during the rental period. Sales
7		from the lease or rental of tangible personal property
8		that is characteristically moving property, including,
9		but not limited to, motor vehicles, rolling stock,
10		aircraft, vessels, or mobile equipment are in this
11		State to the extent that the property is used in this
12		State.
13		(iii) In the case of interest, net gains (but not
14		less than zero) and other items of income from
15		intangible personal property, the sale is in this
16		State if:
17		(a) in the case of a taxpayer who is a dealer
18		in the item of intangible personal property within
19		the meaning of Section 475 of the Internal Revenue
20		Code, the income or gain is received from a
21		customer in this State. For purposes of this
22		subparagraph, a customer is in this State if the
23		customer is an individual, trust or estate who is
24		a resident of this State and, for all other
25		customers, if the customer's commercial domicile
26		is in this State. Unless the dealer has actual

SB2435 Enrolled - 541 - LRB102 04062 AMC 14078 b
1		knowledge of the residence or commercial domicile
2		of a customer during a taxable year, the customer
3		shall be deemed to be a customer in this State if
4		the billing address of the customer, as shown in
5		the records of the dealer, is in this State; or
6		(b) in all other cases, if the
7		income-producing activity of the taxpayer is
8		performed in this State or, if the
9		income-producing activity of the taxpayer is
10		performed both within and without this State, if a
11		greater proportion of the income-producing
12		activity of the taxpayer is performed within this
13		State than in any other state, based on
14		performance costs.
15		(iv) Sales of services are in this State if the
16		services are received in this State. For the purposes
17		of this section, gross receipts from the performance
18		of services provided to a corporation, partnership, or
19		trust may only be attributed to a state where that
20		corporation, partnership, or trust has a fixed place
21		of business. If the state where the services are
22		received is not readily determinable or is a state
23		where the corporation, partnership, or trust receiving
24		the service does not have a fixed place of business,
25		the services shall be deemed to be received at the
26		location of the office of the customer from which the

SB2435 Enrolled - 542 - LRB102 04062 AMC 14078 b
1		services were ordered in the regular course of the
2		customer's trade or business. If the ordering office
3		cannot be determined, the services shall be deemed to
4		be received at the office of the customer to which the
5		services are billed. If the taxpayer is not taxable in
6		the state in which the services are received, the sale
7		must be excluded from both the numerator and the
8		denominator of the sales factor. The Department shall
9		adopt rules prescribing where specific types of
10		service are received, including, but not limited to,
11		publishing, and utility service.
12		(D) For taxable years ending on or after December 31,
13		1995, the following items of income shall not be included
14		in the numerator or denominator of the sales factor:
15		dividends; amounts included under Section 78 of the
16		Internal Revenue Code; and Subpart F income as defined in
17		Section 952 of the Internal Revenue Code. No inference
18		shall be drawn from the enactment of this paragraph (D) in
19		construing this Section for taxable years ending before
20		December 31, 1995.
21		(E) Paragraphs (B-1) and (B-2) shall apply to tax
22		years ending on or after December 31, 1999, provided that
23		a taxpayer may elect to apply the provisions of these
24		paragraphs to prior tax years. Such election shall be made
25		in the form and manner prescribed by the Department, shall
26		be irrevocable, and shall apply to all tax years; provided

SB2435 Enrolled - 543 - LRB102 04062 AMC 14078 b
1		that, if a taxpayer's Illinois income tax liability for
2		any tax year, as assessed under Section 903 prior to
3		January 1, 1999, was computed in a manner contrary to the
4		provisions of paragraphs (B-1) or (B-2), no refund shall
5		be payable to the taxpayer for that tax year to the extent
6		such refund is the result of applying the provisions of
7		paragraph (B-1) or (B-2) retroactively. In the case of a
8		unitary business group, such election shall apply to all
9		members of such group for every tax year such group is in
10		existence, but shall not apply to any taxpayer for any
11		period during which that taxpayer is not a member of such
12		group.
13		(b) Insurance companies.
14		(1) In general. Except as otherwise provided by
15		paragraph (2), business income of an insurance company for
16		a taxable year shall be apportioned to this State by
17		multiplying such income by a fraction, the numerator of
18		which is the direct premiums written for insurance upon
19		property or risk in this State, and the denominator of
20		which is the direct premiums written for insurance upon
21		property or risk everywhere. For purposes of this
22		subsection, the term "direct premiums written" means the
23		total amount of direct premiums written, assessments and
24		annuity considerations as reported for the taxable year on
25		the annual statement filed by the company with the
26		Illinois Director of Insurance in the form approved by the

SB2435 Enrolled - 544 - LRB102 04062 AMC 14078 b
1		National Convention of Insurance Commissioners or such
2		other form as may be prescribed in lieu thereof.
3		(2) Reinsurance. If the principal source of premiums
4		written by an insurance company consists of premiums for
5		reinsurance accepted by it, the business income of such
6		company shall be apportioned to this State by multiplying
7		such income by a fraction, the numerator of which is the
8		sum of (i) direct premiums written for insurance upon
9		property or risk in this State, plus (ii) premiums written
10		for reinsurance accepted in respect of property or risk in
11		this State, and the denominator of which is the sum of
12		(iii) direct premiums written for insurance upon property
13		or risk everywhere, plus (iv) premiums written for
14		reinsurance accepted in respect of property or risk
15		everywhere. For purposes of this paragraph, premiums
16		written for reinsurance accepted in respect of property or
17		risk in this State, whether or not otherwise determinable,
18		may, at the election of the company, be determined on the
19		basis of the proportion which premiums written for
20		reinsurance accepted from companies commercially domiciled
21		in Illinois bears to premiums written for reinsurance
22		accepted from all sources, or, alternatively, in the
23		proportion which the sum of the direct premiums written
24		for insurance upon property or risk in this State by each
25		ceding company from which reinsurance is accepted bears to
26		the sum of the total direct premiums written by each such

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1		ceding company for the taxable year. The election made by
2		a company under this paragraph for its first taxable year
3		ending on or after December 31, 2011, shall be binding for
4		that company for that taxable year and for all subsequent
5		taxable years, and may be altered only with the written
6		permission of the Department, which shall not be
7		unreasonably withheld.
8		(c) Financial organizations.
9		(1) In general. For taxable years ending before
10		December 31, 2008, business income of a financial
11		organization shall be apportioned to this State by
12		multiplying such income by a fraction, the numerator of
13		which is its business income from sources within this
14		State, and the denominator of which is its business income
15		from all sources. For the purposes of this subsection, the
16		business income of a financial organization from sources
17		within this State is the sum of the amounts referred to in
18		subparagraphs (A) through (E) following, but excluding the
19		adjusted income of an international banking facility as
20		determined in paragraph (2):
21		(A) Fees, commissions or other compensation for
22		financial services rendered within this State;
23		(B) Gross profits from trading in stocks, bonds or
24		other securities managed within this State;
25		(C) Dividends, and interest from Illinois
26		customers, which are received within this State;

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1		(D) Interest charged to customers at places of
2		business maintained within this State for carrying
3		debit balances of margin accounts, without deduction
4		of any costs incurred in carrying such accounts; and
5		(E) Any other gross income resulting from the
6		operation as a financial organization within this
7		State.
8		In computing the amounts referred to in paragraphs (A)
9		through (E) of this subsection, any amount received by a
10		member of an affiliated group (determined under Section
11		1504(a) of the Internal Revenue Code but without reference
12		to whether any such corporation is an "includible
13		corporation" under Section 1504(b) of the Internal Revenue
14		Code) from another member of such group shall be included
15		only to the extent such amount exceeds expenses of the
16		recipient directly related thereto.
17		(2) International Banking Facility. For taxable years
18		ending before December 31, 2008:
19		(A) Adjusted Income. The adjusted income of an
20		international banking facility is its income reduced
21		by the amount of the floor amount.
22		(B) Floor Amount. The floor amount shall be the
23		amount, if any, determined by multiplying the income
24		of the international banking facility by a fraction,
25		not greater than one, which is determined as follows:
26		(i) The numerator shall be:

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1		The average aggregate, determined on a
2		quarterly basis, of the financial organization's
3		loans to banks in foreign countries, to foreign
4		domiciled borrowers (except where secured
5		primarily by real estate) and to foreign
6		governments and other foreign official
7		institutions, as reported for its branches,
8		agencies and offices within the state on its
9		"Consolidated Report of Condition", Schedule A,
10		Lines 2.c., 5.b., and 7.a., which was filed with
11		the Federal Deposit Insurance Corporation and
12		other regulatory authorities, for the year 1980,
13		minus
14		The average aggregate, determined on a
15		quarterly basis, of such loans (other than loans
16		of an international banking facility), as reported
17		by the financial institution for its branches,
18		agencies and offices within the state, on the
19		corresponding Schedule and lines of the
20		Consolidated Report of Condition for the current
21		taxable year, provided, however, that in no case
22		shall the amount determined in this clause (the
23		subtrahend) exceed the amount determined in the
24		preceding clause (the minuend); and
25		(ii) the denominator shall be the average
26		aggregate, determined on a quarterly basis, of the

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1		international banking facility's loans to banks in
2		foreign countries, to foreign domiciled borrowers
3		(except where secured primarily by real estate)
4		and to foreign governments and other foreign
5		official institutions, which were recorded in its
6		financial accounts for the current taxable year.
7		(C) Change to Consolidated Report of Condition and
8		in Qualification. In the event the Consolidated Report
9		of Condition which is filed with the Federal Deposit
10		Insurance Corporation and other regulatory authorities
11		is altered so that the information required for
12		determining the floor amount is not found on Schedule
13		A, lines 2.c., 5.b. and 7.a., the financial
14		institution shall notify the Department and the
15		Department may, by regulations or otherwise, prescribe
16		or authorize the use of an alternative source for such
17		information. The financial institution shall also
18		notify the Department should its international banking
19		facility fail to qualify as such, in whole or in part,
20		or should there be any amendment or change to the
21		Consolidated Report of Condition, as originally filed,
22		to the extent such amendment or change alters the
23		information used in determining the floor amount.
24		(3) For taxable years ending on or after December 31,
25		2008, the business income of a financial organization
26		shall be apportioned to this State by multiplying such

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1		income by a fraction, the numerator of which is its gross
2		receipts from sources in this State or otherwise
3		attributable to this State's marketplace and the
4		denominator of which is its gross receipts everywhere
5		during the taxable year. "Gross receipts" for purposes of
6		this subparagraph (3) means gross income, including net
7		taxable gain on disposition of assets, including
8		securities and money market instruments, when derived from
9		transactions and activities in the regular course of the
10		financial organization's trade or business. The following
11		examples are illustrative:
12		(i) Receipts from the lease or rental of real or
13		tangible personal property are in this State if the
14		property is located in this State during the rental
15		period. Receipts from the lease or rental of tangible
16		personal property that is characteristically moving
17		property, including, but not limited to, motor
18		vehicles, rolling stock, aircraft, vessels, or mobile
19		equipment are from sources in this State to the extent
20		that the property is used in this State.
21		(ii) Interest income, commissions, fees, gains on
22		disposition, and other receipts from assets in the
23		nature of loans that are secured primarily by real
24		estate or tangible personal property are from sources
25		in this State if the security is located in this State.
26		(iii) Interest income, commissions, fees, gains on

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1		disposition, and other receipts from consumer loans
2		that are not secured by real or tangible personal
3		property are from sources in this State if the debtor
4		is a resident of this State.
5		(iv) Interest income, commissions, fees, gains on
6		disposition, and other receipts from commercial loans
7		and installment obligations that are not secured by
8		real or tangible personal property are from sources in
9		this State if the proceeds of the loan are to be
10		applied in this State. If it cannot be determined
11		where the funds are to be applied, the income and
12		receipts are from sources in this State if the office
13		of the borrower from which the loan was negotiated in
14		the regular course of business is located in this
15		State. If the location of this office cannot be
16		determined, the income and receipts shall be excluded
17		from the numerator and denominator of the sales
18		factor.
19		(v) Interest income, fees, gains on disposition,
20		service charges, merchant discount income, and other
21		receipts from credit card receivables are from sources
22		in this State if the card charges are regularly billed
23		to a customer in this State.
24		(vi) Receipts from the performance of services,
25		including, but not limited to, fiduciary, advisory,
26		and brokerage services, are in this State if the

SB2435 Enrolled - 551 - LRB102 04062 AMC 14078 b
1		services are received in this State within the meaning
2		of subparagraph (a)(3)(C-5)(iv) of this Section.
3		(vii) Receipts from the issuance of travelers
4		checks and money orders are from sources in this State
5		if the checks and money orders are issued from a
6		location within this State.
7		(viii) Receipts from investment assets and
8		activities and trading assets and activities are
9		included in the receipts factor as follows:
10		(1) Interest, dividends, net gains (but not
11		less than zero) and other income from investment
12		assets and activities from trading assets and
13		activities shall be included in the receipts
14		factor. Investment assets and activities and
15		trading assets and activities include, but are not
16		limited to: investment securities; trading account
17		assets; federal funds; securities purchased and
18		sold under agreements to resell or repurchase;
19		options; futures contracts; forward contracts;
20		notional principal contracts such as swaps;
21		equities; and foreign currency transactions. With
22		respect to the investment and trading assets and
23		activities described in subparagraphs (A) and (B)
24		of this paragraph, the receipts factor shall
25		include the amounts described in such
26		subparagraphs.

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1		(A) The receipts factor shall include the
2		amount by which interest from federal funds
3		sold and securities purchased under resale
4		agreements exceeds interest expense on federal
5		funds purchased and securities sold under
6		repurchase agreements.
7		(B) The receipts factor shall include the
8		amount by which interest, dividends, gains and
9		other income from trading assets and
10		activities, including, but not limited to,
11		assets and activities in the matched book, in
12		the arbitrage book, and foreign currency
13		transactions, exceed amounts paid in lieu of
14		interest, amounts paid in lieu of dividends,
15		and losses from such assets and activities.
16		(2) The numerator of the receipts factor
17		includes interest, dividends, net gains (but not
18		less than zero), and other income from investment
19		assets and activities and from trading assets and
20		activities described in paragraph (1) of this
21		subsection that are attributable to this State.
22		(A) The amount of interest, dividends, net
23		gains (but not less than zero), and other
24		income from investment assets and activities
25		in the investment account to be attributed to
26		this State and included in the numerator is

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1		determined by multiplying all such income from
2		such assets and activities by a fraction, the
3		numerator of which is the gross income from
4		such assets and activities which are properly
5		assigned to a fixed place of business of the
6		taxpayer within this State and the denominator
7		of which is the gross income from all such
8		assets and activities.
9		(B) The amount of interest from federal
10		funds sold and purchased and from securities
11		purchased under resale agreements and
12		securities sold under repurchase agreements
13		attributable to this State and included in the
14		numerator is determined by multiplying the
15		amount described in subparagraph (A) of
16		paragraph (1) of this subsection from such
17		funds and such securities by a fraction, the
18		numerator of which is the gross income from
19		such funds and such securities which are
20		properly assigned to a fixed place of business
21		of the taxpayer within this State and the
22		denominator of which is the gross income from
23		all such funds and such securities.
24		(C) The amount of interest, dividends,
25		gains, and other income from trading assets
26		and activities, including, but not limited to,

SB2435 Enrolled - 554 - LRB102 04062 AMC 14078 b
1		assets and activities in the matched book, in
2		the arbitrage book and foreign currency
3		transactions (but excluding amounts described
4		in subparagraphs (A) or (B) of this
5		paragraph), attributable to this State and
6		included in the numerator is determined by
7		multiplying the amount described in
8		subparagraph (B) of paragraph (1) of this
9		subsection by a fraction, the numerator of
10		which is the gross income from such trading
11		assets and activities which are properly
12		assigned to a fixed place of business of the
13		taxpayer within this State and the denominator
14		of which is the gross income from all such
15		assets and activities.
16		(D) Properly assigned, for purposes of
17		this paragraph (2) of this subsection, means
18		the investment or trading asset or activity is
19		assigned to the fixed place of business with
20		which it has a preponderance of substantive
21		contacts. An investment or trading asset or
22		activity assigned by the taxpayer to a fixed
23		place of business without the State shall be
24		presumed to have been properly assigned if:
25		(i) the taxpayer has assigned, in the
26		regular course of its business, such asset

SB2435 Enrolled - 555 - LRB102 04062 AMC 14078 b
1		or activity on its records to a fixed
2		place of business consistent with federal
3		or state regulatory requirements;
4		(ii) such assignment on its records is
5		based upon substantive contacts of the
6		asset or activity to such fixed place of
7		business; and
8		(iii) the taxpayer uses such records
9		reflecting assignment of such assets or
10		activities for the filing of all state and
11		local tax returns for which an assignment
12		of such assets or activities to a fixed
13		place of business is required.
14		(E) The presumption of proper assignment
15		of an investment or trading asset or activity
16		provided in subparagraph (D) of paragraph (2)
17		of this subsection may be rebutted upon a
18		showing by the Department, supported by a
19		preponderance of the evidence, that the
20		preponderance of substantive contacts
21		regarding such asset or activity did not occur
22		at the fixed place of business to which it was
23		assigned on the taxpayer's records. If the
24		fixed place of business that has a
25		preponderance of substantive contacts cannot
26		be determined for an investment or trading

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1		asset or activity to which the presumption in
2		subparagraph (D) of paragraph (2) of this
3		subsection does not apply or with respect to
4		which that presumption has been rebutted, that
5		asset or activity is properly assigned to the
6		state in which the taxpayer's commercial
7		domicile is located. For purposes of this
8		subparagraph (E), it shall be presumed,
9		subject to rebuttal, that taxpayer's
10		commercial domicile is in the state of the
11		United States or the District of Columbia to
12		which the greatest number of employees are
13		regularly connected with the management of the
14		investment or trading income or out of which
15		they are working, irrespective of where the
16		services of such employees are performed, as
17		of the last day of the taxable year.
18		(4) (Blank).
19		(5) (Blank).
20		(c-1) Federally regulated exchanges. For taxable years
21		ending on or after December 31, 2012, business income of a
22		federally regulated exchange shall, at the option of the
23		federally regulated exchange, be apportioned to this State by
24		multiplying such income by a fraction, the numerator of which
25		is its business income from sources within this State, and the
26		denominator of which is its business income from all sources.

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1		For purposes of this subsection, the business income within
2		this State of a federally regulated exchange is the sum of the
3		following:
4		(1) Receipts attributable to transactions executed on
5		a physical trading floor if that physical trading floor is
6		located in this State.
7		(2) Receipts attributable to all other matching,
8		execution, or clearing transactions, including without
9		limitation receipts from the provision of matching,
10		execution, or clearing services to another entity,
11		multiplied by (i) for taxable years ending on or after
12		December 31, 2012 but before December 31, 2013, 63.77%;
13		and (ii) for taxable years ending on or after December 31,
14		2013, 27.54%.
15		(3) All other receipts not governed by subparagraphs
16		(1) or (2) of this subsection (c-1), to the extent the
17		receipts would be characterized as "sales in this State"
18		under item (3) of subsection (a) of this Section.
19		"Federally regulated exchange" means (i) a "registered
20		entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B),
21		or (C), (ii) an "exchange" or "clearing agency" within the
22		meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such
23		entities regulated under any successor regulatory structure to
24		the foregoing, and (iv) all taxpayers who are members of the
25		same unitary business group as a federally regulated exchange,
26		determined without regard to the prohibition in Section

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1		1501(a)(27) of this Act against including in a unitary
2		business group taxpayers who are ordinarily required to
3		apportion business income under different subsections of this
4		Section; provided that this subparagraph (iv) shall apply only
5		if 50% or more of the business receipts of the unitary business
6		group determined by application of this subparagraph (iv) for
7		the taxable year are attributable to the matching, execution,
8		or clearing of transactions conducted by an entity described
9		in subparagraph (i), (ii), or (iii) of this paragraph.
10		In no event shall the Illinois apportionment percentage
11		computed in accordance with this subsection (c-1) for any
12		taxpayer for any tax year be less than the Illinois
13		apportionment percentage computed under this subsection (c-1)
14		for that taxpayer for the first full tax year ending on or
15		after December 31, 2013 for which this subsection (c-1)
16		applied to the taxpayer.
17		(d) Transportation services. For taxable years ending
18		before December 31, 2008, business income derived from
19		furnishing transportation services shall be apportioned to
20		this State in accordance with paragraphs (1) and (2):
21		(1) Such business income (other than that derived from
22		transportation by pipeline) shall be apportioned to this
23		State by multiplying such income by a fraction, the
24		numerator of which is the revenue miles of the person in
25		this State, and the denominator of which is the revenue
26		miles of the person everywhere. For purposes of this

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1		paragraph, a revenue mile is the transportation of 1
2		passenger or 1 net ton of freight the distance of 1 mile
3		for a consideration. Where a person is engaged in the
4		transportation of both passengers and freight, the
5		fraction above referred to shall be determined by means of
6		an average of the passenger revenue mile fraction and the
7		freight revenue mile fraction, weighted to reflect the
8		person's
9		(A) relative railway operating income from total
10		passenger and total freight service, as reported to
11		the Interstate Commerce Commission, in the case of
12		transportation by railroad, and
13		(B) relative gross receipts from passenger and
14		freight transportation, in case of transportation
15		other than by railroad.
16		(2) Such business income derived from transportation
17		by pipeline shall be apportioned to this State by
18		multiplying such income by a fraction, the numerator of
19		which is the revenue miles of the person in this State, and
20		the denominator of which is the revenue miles of the
21		person everywhere. For the purposes of this paragraph, a
22		revenue mile is the transportation by pipeline of 1 barrel
23		of oil, 1,000 cubic feet of gas, or of any specified
24		quantity of any other substance, the distance of 1 mile
25		for a consideration.
26		(3) For taxable years ending on or after December 31,

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1		2008, business income derived from providing
2		transportation services other than airline services shall
3		be apportioned to this State by using a fraction, (a) the
4		numerator of which shall be (i) all receipts from any
5		movement or shipment of people, goods, mail, oil, gas, or
6		any other substance (other than by airline) that both
7		originates and terminates in this State, plus (ii) that
8		portion of the person's gross receipts from movements or
9		shipments of people, goods, mail, oil, gas, or any other
10		substance (other than by airline) that originates in one
11		state or jurisdiction and terminates in another state or
12		jurisdiction, that is determined by the ratio that the
13		miles traveled in this State bears to total miles
14		everywhere and (b) the denominator of which shall be all
15		revenue derived from the movement or shipment of people,
16		goods, mail, oil, gas, or any other substance (other than
17		by airline). Where a taxpayer is engaged in the
18		transportation of both passengers and freight, the
19		fraction above referred to shall first be determined
20		separately for passenger miles and freight miles. Then an
21		average of the passenger miles fraction and the freight
22		miles fraction shall be weighted to reflect the
23		taxpayer's:
24		(A) relative railway operating income from total
25		passenger and total freight service, as reported to
26		the Surface Transportation Board, in the case of

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1		transportation by railroad; and
2		(B) relative gross receipts from passenger and
3		freight transportation, in case of transportation
4		other than by railroad.
5		(4) For taxable years ending on or after December 31,
6		2008, business income derived from furnishing airline
7		transportation services shall be apportioned to this State
8		by multiplying such income by a fraction, the numerator of
9		which is the revenue miles of the person in this State, and
10		the denominator of which is the revenue miles of the
11		person everywhere. For purposes of this paragraph, a
12		revenue mile is the transportation of one passenger or one
13		net ton of freight the distance of one mile for a
14		consideration. If a person is engaged in the
15		transportation of both passengers and freight, the
16		fraction above referred to shall be determined by means of
17		an average of the passenger revenue mile fraction and the
18		freight revenue mile fraction, weighted to reflect the
19		person's relative gross receipts from passenger and
20		freight airline transportation.
21		(e) Combined apportionment. Where 2 or more persons are
22		engaged in a unitary business as described in subsection
23		(a)(27) of Section 1501, a part of which is conducted in this
24		State by one or more members of the group, the business income
25		attributable to this State by any such member or members shall
26		be apportioned by means of the combined apportionment method.

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1		(f) Alternative allocation. If the allocation and
2		apportionment provisions of subsections (a) through (e) and of
3		subsection (h) do not, for taxable years ending before
4		December 31, 2008, fairly represent the extent of a person's
5		business activity in this State, or, for taxable years ending
6		on or after December 31, 2008, fairly represent the market for
7		the person's goods, services, or other sources of business
8		income, the person may petition for, or the Director may,
9		without a petition, permit or require, in respect of all or any
10		part of the person's business activity, if reasonable:
11		(1) Separate accounting;
12		(2) The exclusion of any one or more factors;
13		(3) The inclusion of one or more additional factors
14		which will fairly represent the person's business
15		activities or market in this State; or
16		(4) The employment of any other method to effectuate
17		an equitable allocation and apportionment of the person's
18		business income.
19		(g) Cross reference. For allocation of business income by
20		residents, see Section 301(a).
21		(h) For tax years ending on or after December 31, 1998, the
22		apportionment factor of persons who apportion their business
23		income to this State under subsection (a) shall be equal to:
24		(1) for tax years ending on or after December 31, 1998
25		and before December 31, 1999, 16 2/3% of the property
26		factor plus 16 2/3% of the payroll factor plus 66 2/3% of

SB2435 Enrolled - 563 - LRB102 04062 AMC 14078 b
1		the sales factor;
2		(2) for tax years ending on or after December 31, 1999
3		and before December 31, 2000, 8 1/3% of the property
4		factor plus 8 1/3% of the payroll factor plus 83 1/3% of
5		the sales factor;
6		(3) for tax years ending on or after December 31,
7		2000, the sales factor.
8		If, in any tax year ending on or after December 31, 1998 and
9		before December 31, 2000, the denominator of the payroll,
10		property, or sales factor is zero, the apportionment factor
11		computed in paragraph (1) or (2) of this subsection for that
12		year shall be divided by an amount equal to 100% minus the
13		percentage weight given to each factor whose denominator is
14		equal to zero.
15		(Source: P.A. 100-201, eff. 8-18-17; 101-31, eff. 6-28-19;
16		101-585, eff. 8-26-19; revised 9-12-19.)
17		(35 ILCS 5/701) (from Ch. 120, par. 7-701)
18		Sec. 701. Requirement and amount of withholding.
19		(a) In General. Every employer maintaining an office or
20		transacting business within this State and required under the
21		provisions of the Internal Revenue Code to withhold a tax on:
22		(1) compensation paid in this State (as determined
23		under Section 304(a)(2)(B)) to an individual; or
24		(2) payments described in subsection (b) shall deduct
25		and withhold from such compensation for each payroll

SB2435 Enrolled - 564 - LRB102 04062 AMC 14078 b
1		period (as defined in Section 3401 of the Internal Revenue
2		Code) an amount equal to the amount by which such
3		individual's compensation exceeds the proportionate part
4		of this withholding exemption (computed as provided in
5		Section 702) attributable to the payroll period for which
6		such compensation is payable multiplied by a percentage
7		equal to the percentage tax rate for individuals provided
8		in subsection (b) of Section 201.
9		(a-5) Withholding from nonresident employees. For taxable
10		years beginning on or after January 1, 2020, for purposes of
11		determining compensation paid in this State under paragraph
12		(B) of item (2) of subsection (a) of Section 304:
13		(1) If an employer maintains a time and attendance
14		system that tracks where employees perform services on a
15		daily basis, then data from the time and attendance system
16		shall be used. For purposes of this paragraph, time and
17		attendance system means a system:
18		(A) in which the employee is required, on a
19		contemporaneous basis, to record the work location for
20		every day worked outside of the State where the
21		employment duties are primarily performed; and
22		(B) that is designed to allow the employer to
23		allocate the employee's wages for income tax purposes
24		among all states in which the employee performs
25		services.
26		(2) In all other cases, the employer shall obtain a

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1		written statement from the employee of the number of days
2		reasonably expected to be spent performing services in
3		this State during the taxable year. Absent the employer's
4		actual knowledge of fraud or gross negligence by the
5		employee in making the determination or collusion between
6		the employer and the employee to evade tax, the
7		certification so made by the employee and maintained in
8		the employer's books and records shall be prima facie
9		evidence and constitute a rebuttable presumption of the
10		number of days spent performing services in this State.
11		(b) Payment to Residents. Any payment (including
12		compensation, but not including a payment from which
13		withholding is required under Section 710 of this Act) to a
14		resident by a payor maintaining an office or transacting
15		business within this State (including any agency, officer, or
16		employee of this State or of any political subdivision of this
17		State) and on which withholding of tax is required under the
18		provisions of the Internal Revenue Code shall be deemed to be
19		compensation paid in this State by an employer to an employee
20		for the purposes of Article 7 and Section 601(b)(1) to the
21		extent such payment is included in the recipient's base income
22		and not subjected to withholding by another state.
23		Notwithstanding any other provision to the contrary, no amount
24		shall be withheld from unemployment insurance benefit payments
25		made to an individual pursuant to the Unemployment Insurance
26		Act unless the individual has voluntarily elected the

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1		withholding pursuant to rules promulgated by the Director of
2		Employment Security.
3		(c) Special Definitions. Withholding shall be considered
4		required under the provisions of the Internal Revenue Code to
5		the extent the Internal Revenue Code either requires
6		withholding or allows for voluntary withholding the payor and
7		recipient have entered into such a voluntary withholding
8		agreement. For the purposes of Article 7 and Section 1002(c)
9		the term "employer" includes any payor who is required to
10		withhold tax pursuant to this Section.
11		(d) Reciprocal Exemption. The Director may enter into an
12		agreement with the taxing authorities of any state which
13		imposes a tax on or measured by income to provide that
14		compensation paid in such state to residents of this State
15		shall be exempt from withholding of such tax; in such case, any
16		compensation paid in this State to residents of such state
17		shall be exempt from withholding. All reciprocal agreements
18		shall be subject to the requirements of Section 2505-575 of
19		the Department of Revenue Law (20 ILCS 2505/2505-575).
20		(e) Notwithstanding subsection (a)(2) of this Section, no
21		withholding is required on payments for which withholding is
22		required under Section 3405 or 3406 of the Internal Revenue
23		Code.
24		(Source: P.A. 101-585, eff. 8-26-19; revised 11-26-19.)
25		Section 225. The Economic Development for a Growing

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1		Economy Tax Credit Act is amended by changing Sections 5-51
2		and 5-56 as follows:
3		(35 ILCS 10/5-51)
4		Sec. 5-51. New Construction EDGE Agreement.
5		(a) Notwithstanding any other provisions of this Act, and
6		in addition to any Credit otherwise allowed under this Act,
7		beginning on January 1, 2021, there is allowed a New
8		Construction EDGE Credit for eligible Applicants that meet the
9		following criteria:
10		(1) the Department has certified that the Applicant
11		meets all requirements of Sections 5-15, 5-20, and 5-25;
12		and
13		(2) the Department has certified that, pursuant to
14		Section 5-20, the Applicant's Agreement includes a capital
15		investment of at least $10,000,000 in a New Construction
16		EDGE Project to be placed in service within the State as a
17		direct result of an Agreement entered into pursuant to
18		this Section.
19		(b) The Department shall notify each Applicant during the
20		application process that its their project is eligible for a
21		New Construction EDGE Credit. The Department shall create a
22		separate application to be filled out by the Applicant
23		regarding the New Construction EDGE credit. The Application
24		shall include the following:
25		(1) a detailed description of the New Construction

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1		EDGE Project that is subject to the New Construction EDGE
2		Agreement, including the location and amount of the
3		investment and jobs created or retained;
4		(2) the duration of the New Construction EDGE Credit
5		and the first taxable year for which the Credit may be
6		claimed;
7		(3) the New Construction EDGE Credit amount that will
8		be allowed for each taxable year;
9		(4) a requirement that the Director is authorized to
10		verify with the appropriate State agencies the amount of
11		the incremental income tax withheld by a Taxpayer, and
12		after doing so, shall issue a certificate to the Taxpayer
13		stating that the amounts have been verified;
14		(5) the amount of the capital investment, which may at
15		no point be less than $10,000,000, the time period of
16		placing the New Construction EDGE Project in service, and
17		the designated location in Illinois for the investment;
18		(6) a requirement that the Taxpayer shall provide
19		written notification to the Director not more than 30 days
20		after the Taxpayer determines that the capital investment
21		of at least $10,000,000 is not or will not be achieved or
22		maintained as set forth in the terms and conditions of the
23		Agreement;
24		(7) a detailed provision that the Taxpayer shall be
25		awarded a New Construction EDGE Credit upon the verified
26		completion and occupancy of a New Construction EDGE

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1		Project; and
2		(8) any other performance conditions, including the
3		ability to verify that a New Construction EDGE Project is
4		built and completed, or that contract provisions as the
5		Department determines are appropriate.
6		(c) The Department shall post on its website the terms of
7		each New Construction EDGE Agreement entered into under this
8		Act on or after June 5, 2019 (the effective date of Public Act
9		101-9) this amendatory Act of the 101st General Assembly. Such
10		information shall be posted within 10 days after entering into
11		the Agreement and must include the following:
12		(1) the name of the recipient business;
13		(2) the location of the project;
14		(3) the estimated value of the credit; and
15		(4) whether or not the project is located in an
16		underserved area.
17		(d) The Department, in collaboration with the Department
18		of Labor, shall require that certified payroll reporting,
19		pursuant to Section 5-56 of this Act, be completed in order to
20		verify the wages and any other necessary information which the
21		Department may deem necessary to ascertain and certify the
22		total number of New Construction EDGE Employees subject to a
23		New Construction EDGE Agreement and amount of a New
24		Construction EDGE Credit.
25		(e) The total aggregate amount of credits awarded under
26		the Blue Collar Jobs Act (Article 20 of Public Act 101-9 this

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1		amendatory Act of the 101st General Assembly) shall not exceed
2		$20,000,000 in any State fiscal year.
3		(Source: P.A. 101-9, eff. 6-5-19; revised 7-18-19.)
4		(35 ILCS 10/5-56)
5		Sec. 5-56. Certified payroll. (a) Each contractor and
6		subcontractor that is engaged in and is executing a New
7		Construction EDGE Project for a Taxpayer, pursuant to a New
8		Construction EDGE Agreement shall:
9		(1) make and keep, for a period of 5 years from the
10		date of the last payment made on or after June 5, 2019 (the
11		effective date of Public Act 101-9) this amendatory Act of
12		the 101st General Assembly on a contract or subcontract
13		for a New Construction EDGE Project pursuant to a New
14		Construction EDGE Agreement, records of all laborers and
15		other workers employed by the contractor or subcontractor
16		on the project; the records shall include:
17		(A) the worker's name;
18		(B) the worker's address;
19		(C) the worker's telephone number, if available;
20		(D) the worker's social security number;
21		(E) the worker's classification or
22		classifications;
23		(F) the worker's gross and net wages paid in each
24		pay period;
25		(G) the worker's number of hours worked each day;

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1		(H) the worker's starting and ending times of work
2		each day;
3		(I) the worker's hourly wage rate; and
4		(J) the worker's hourly overtime wage rate; and
5		(2) no later than the 15th day of each calendar month,
6		provide a certified payroll for the immediately preceding
7		month to the taxpayer in charge of the project; within 5
8		business days after receiving the certified payroll, the
9		taxpayer shall file the certified payroll with the
10		Department of Labor and the Department of Commerce and
11		Economic Opportunity; a certified payroll must be filed
12		for only those calendar months during which construction
13		on a New Construction EDGE Project has occurred; the
14		certified payroll shall consist of a complete copy of the
15		records identified in paragraph (1), but may exclude the
16		starting and ending times of work each day; the certified
17		payroll shall be accompanied by a statement signed by the
18		contractor or subcontractor or an officer, employee, or
19		agent of the contractor or subcontractor which avers that:
20		(A) he or she has examined the certified payroll
21		records required to be submitted by the Act and such
22		records are true and accurate; and
23		(B) the contractor or subcontractor is aware that
24		filing a certified payroll that he or she knows to be
25		false is a Class A misdemeanor.
26		A general contractor is not prohibited from relying on a

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1		certified payroll of a lower-tier subcontractor, provided the
2		general contractor does not knowingly rely upon a
3		subcontractor's false certification.
4		Any contractor or subcontractor subject to this Section,
5		and any officer, employee, or agent of such contractor or
6		subcontractor whose duty as an officer, employee, or agent it
7		is to file a certified payroll under this Section, who
8		willfully fails to file such a certified payroll on or before
9		the date such certified payroll is required to be filed and any
10		person who willfully files a false certified payroll that is
11		false as to any material fact is in violation of this Act and
12		guilty of a Class A misdemeanor.
13		The taxpayer in charge of the project shall keep the
14		records submitted in accordance with this Section subsection
15		on or after June 5, 2019 (the effective date of Public Act
16		101-9) this amendatory Act of the 101st General Assembly for a
17		period of 5 years from the date of the last payment for work on
18		a contract or subcontract for the project.
19		The records submitted in accordance with this Section
20		subsection shall be considered public records, except an
21		employee's address, telephone number, and social security
22		number, and made available in accordance with the Freedom of
23		Information Act. The Department of Labor shall accept any
24		reasonable submissions by the contractor that meet the
25		requirements of this Section subsection and shall share the
26		information with the Department in order to comply with the

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1		awarding of New Construction EDGE Credits. A contractor,
2		subcontractor, or public body may retain records required
3		under this Section in paper or electronic format.
4		Upon 7 business days' notice, the contractor and each
5		subcontractor shall make available for inspection and copying
6		at a location within this State during reasonable hours, the
7		records identified in paragraph (1) of this Section subsection
8		to the taxpayer in charge of the project, its officers and
9		agents, the Director of Labor and his or her deputies and
10		agents, and to federal, State, or local law enforcement
11		agencies and prosecutors.
12		(Source: P.A. 101-9, eff. 6-5-19; revised 8-22-19.)
13		Section 230. The Film Production Services Tax Credit Act
14		of 2008 is amended by changing Section 10 as follows:
15		(35 ILCS 16/10)
16		Sec. 10. Definitions. As used in this Act:
17		"Accredited production" means: (i) for productions
18		commencing before May 1, 2006, a film, video, or television
19		production that has been certified by the Department in which
20		the aggregate Illinois labor expenditures included in the cost
21		of the production, in the period that ends 12 months after the
22		time principal filming or taping of the production began,
23		exceed $100,000 for productions of 30 minutes or longer, or
24		$50,000 for productions of less than 30 minutes; and (ii) for

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1		productions commencing on or after May 1, 2006, a film, video,
2		or television production that has been certified by the
3		Department in which the Illinois production spending included
4		in the cost of production in the period that ends 12 months
5		after the time principal filming or taping of the production
6		began exceeds $100,000 for productions of 30 minutes or longer
7		or exceeds $50,000 for productions of less than 30 minutes.
8		"Accredited production" does not include a production that:
9		(1) is news, current events, or public programming, or
10		a program that includes weather or market reports;
11		(2) is a talk show;
12		(3) is a production in respect of a game,
13		questionnaire, or contest;
14		(4) is a sports event or activity;
15		(5) is a gala presentation or awards show;
16		(6) is a finished production that solicits funds;
17		(7) is a production produced by a film production
18		company if records, as required by 18 U.S.C. 2257, are to
19		be maintained by that film production company with respect
20		to any performer portrayed in that single media or
21		multimedia program; or
22		(8) is a production produced primarily for industrial,
23		corporate, or institutional purposes.
24		"Accredited animated production" means an accredited
25		production in which movement and characters' performances are
26		created using a frame-by-frame technique and a significant

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1		number of major characters are animated. Motion capture by
2		itself is not an animation technique.
3		"Accredited production certificate" means a certificate
4		issued by the Department certifying that the production is an
5		accredited production that meets the guidelines of this Act.
6		"Applicant" means a taxpayer that is a film production
7		company that is operating or has operated an accredited
8		production located within the State of Illinois and that (i)
9		owns the copyright in the accredited production throughout the
10		Illinois production period or (ii) has contracted directly
11		with the owner of the copyright in the accredited production
12		or a person acting on behalf of the owner to provide services
13		for the production, where the owner of the copyright is not an
14		eligible production corporation.
15		"Credit" means:
16		(1) for an accredited production approved by the
17		Department on or before January 1, 2005 and commencing
18		before May 1, 2006, the amount equal to 25% of the Illinois
19		labor expenditure approved by the Department. The
20		applicant is deemed to have paid, on its balance due day
21		for the year, an amount equal to 25% of its qualified
22		Illinois labor expenditure for the tax year. For Illinois
23		labor expenditures generated by the employment of
24		residents of geographic areas of high poverty or high
25		unemployment, as determined by the Department, in an
26		accredited production commencing before May 1, 2006 and

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1		approved by the Department after January 1, 2005, the
2		applicant shall receive an enhanced credit of 10% in
3		addition to the 25% credit; and
4		(2) for an accredited production commencing on or
5		after May 1, 2006, the amount equal to:
6		(i) 20% of the Illinois production spending for
7		the taxable year; plus
8		(ii) 15% of the Illinois labor expenditures
9		generated by the employment of residents of geographic
10		areas of high poverty or high unemployment, as
11		determined by the Department; and
12		(3) for an accredited production commencing on or
13		after January 1, 2009, the amount equal to:
14		(i) 30% of the Illinois production spending for
15		the taxable year; plus
16		(ii) 15% of the Illinois labor expenditures
17		generated by the employment of residents of geographic
18		areas of high poverty or high unemployment, as
19		determined by the Department.
20		"Department" means the Department of Commerce and Economic
21		Opportunity.
22		"Director" means the Director of Commerce and Economic
23		Opportunity.
24		"Illinois labor expenditure" means salary or wages paid to
25		employees of the applicant for services on the accredited
26		production. ;

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1		To qualify as an Illinois labor expenditure, the
2		expenditure must be:
3		(1) Reasonable in the circumstances.
4		(2) Included in the federal income tax basis of the
5		property.
6		(3) Incurred by the applicant for services on or after
7		January 1, 2004.
8		(4) Incurred for the production stages of the
9		accredited production, from the final script stage to the
10		end of the post-production stage.
11		(5) Limited to the first $25,000 of wages paid or
12		incurred to each employee of a production commencing
13		before May 1, 2006 and the first $100,000 of wages paid or
14		incurred to each employee of a production commencing on or
15		after May 1, 2006.
16		(6) For a production commencing before May 1, 2006,
17		exclusive of the salary or wages paid to or incurred for
18		the 2 highest paid employees of the production.
19		(7) Directly attributable to the accredited
20		production.
21		(8) (Blank).
22		(9) Paid to persons resident in Illinois at the time
23		the payments were made.
24		(10) Paid for services rendered in Illinois.
25		"Illinois production spending" means the expenses incurred
26		by the applicant for an accredited production, including,

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1		without limitation, all of the following:
2		(1) expenses to purchase, from vendors within
3		Illinois, tangible personal property that is used in the
4		accredited production;
5		(2) expenses to acquire services, from vendors in
6		Illinois, for film production, editing, or processing; and
7		(3) the compensation, not to exceed $100,000 for any
8		one employee, for contractual or salaried employees who
9		are Illinois residents performing services with respect to
10		the accredited production.
11		"Qualified production facility" means stage facilities in
12		the State in which television shows and films are or are
13		intended to be regularly produced and that contain at least
14		one sound stage of at least 15,000 square feet.
15		Rulemaking authority to implement Public Act 95-1006 this
16		amendatory Act of the 95th General Assembly, if any, is
17		conditioned on the rules being adopted in accordance with all
18		provisions of the Illinois Administrative Procedure Act and
19		all rules and procedures of the Joint Committee on
20		Administrative Rules; any purported rule not so adopted, for
21		whatever reason, is unauthorized.
22		(Source: P.A. 97-796, eff. 7-13-12; revised 7-18-19.)
23		Section 235. The Service Occupation Tax Act is amended by
24		changing Section 2d as follows:

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1		(35 ILCS 115/2d)
2		Sec. 2d. Motor vehicles; trailers; use as rolling stock
3		definition.
4		(a) (Blank).
5		(b) (Blank).
6		(c) This subsection (c) applies to motor vehicles, other
7		than limousines, purchased through June 30, 2017. For motor
8		vehicles, other than limousines, purchased on or after July 1,
9		2017, subsection (d-5) applies. This subsection (c) applies to
10		limousines purchased before, on, or after July 1, 2017. "Use
11		as rolling stock moving in interstate commerce" in paragraph
12		(d-1) of the definition of "sale of service" in Section 2
13		occurs for motor vehicles, as defined in Section 1-146 of the
14		Illinois Vehicle Code, when during a 12-month period the
15		rolling stock has carried persons or property for hire in
16		interstate commerce for greater than 50% of its total trips
17		for that period or for greater than 50% of its total miles for
18		that period. The person claiming the exemption shall make an
19		election at the time of purchase to use either the trips or
20		mileage method. Persons who purchased motor vehicles prior to
21		July 1, 2004 shall make an election to use either the trips or
22		mileage method and document that election in their books and
23		records. If no election is made under this subsection to use
24		the trips or mileage method, the person shall be deemed to have
25		chosen the mileage method.
26		For purposes of determining qualifying trips or miles,

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1		motor vehicles that carry persons or property for hire, even
2		just between points in Illinois, will be considered used for
3		hire in interstate commerce if the motor vehicle transports
4		persons whose journeys or property whose shipments originate
5		or terminate outside Illinois. The exemption for motor
6		vehicles used as rolling stock moving in interstate commerce
7		may be claimed only for the following vehicles: (i) motor
8		vehicles whose gross vehicle weight rating exceeds 16,000
9		pounds; and (ii) limousines, as defined in Section 1-139.1 of
10		the Illinois Vehicle Code. Through June 30, 2017, this
11		definition applies to all property purchased for the purpose
12		of being attached to those motor vehicles as a part thereof. On
13		and after July 1, 2017, this definition applies to property
14		purchased for the purpose of being attached to limousines as a
15		part thereof.
16		(d) For purchases made through June 30, 2017, "use as
17		rolling stock moving in interstate commerce" in paragraph
18		(d-1) of the definition of "sale of service" in Section 2
19		occurs for trailers, as defined in Section 1-209 of the
20		Illinois Vehicle Code, semitrailers as defined in Section
21		1-187 of the Illinois Vehicle Code, and pole trailers as
22		defined in Section 1-161 of the Illinois Vehicle Code, when
23		during a 12-month period the rolling stock has carried persons
24		or property for hire in interstate commerce for greater than
25		50% of its total trips for that period or for greater than 50%
26		of its total miles for that period. The person claiming the

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1		exemption for a trailer or trailers that will not be dedicated
2		to a motor vehicle or group of motor vehicles shall make an
3		election at the time of purchase to use either the trips or
4		mileage method. Persons who purchased trailers prior to July
5		1, 2004 that are not dedicated to a motor vehicle or group of
6		motor vehicles shall make an election to use either the trips
7		or mileage method and document that election in their books
8		and records. If no election is made under this subsection to
9		use the trips or mileage method, the person shall be deemed to
10		have chosen the mileage method.
11		For purposes of determining qualifying trips or miles,
12		trailers, semitrailers, or pole trailers that carry property
13		for hire, even just between points in Illinois, will be
14		considered used for hire in interstate commerce if the
15		trailers, semitrailers, or pole trailers transport property
16		whose shipments originate or terminate outside Illinois. This
17		definition applies to all property purchased for the purpose
18		of being attached to those trailers, semitrailers, or pole
19		trailers as a part thereof. In lieu of a person providing
20		documentation regarding the qualifying use of each individual
21		trailer, semitrailer, or pole trailer, that person may
22		document such qualifying use by providing documentation of the
23		following:
24		(1) If a trailer, semitrailer, or pole trailer is
25		dedicated to a motor vehicle that qualifies as rolling
26		stock moving in interstate commerce under subsection (c)

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1		of this Section, then that trailer, semitrailer, or pole
2		trailer qualifies as rolling stock moving in interstate
3		commerce under this subsection.
4		(2) If a trailer, semitrailer, or pole trailer is
5		dedicated to a group of motor vehicles that all qualify as
6		rolling stock moving in interstate commerce under
7		subsection (c) of this Section, then that trailer,
8		semitrailer, or pole trailer qualifies as rolling stock
9		moving in interstate commerce under this subsection.
10		(3) If one or more trailers, semitrailers, or pole
11		trailers are dedicated to a group of motor vehicles and
12		not all of those motor vehicles in that group qualify as
13		rolling stock moving in interstate commerce under
14		subsection (c) of this Section, then the percentage of
15		those trailers, semitrailers, or pole trailers that
16		qualifies as rolling stock moving in interstate commerce
17		under this subsection is equal to the percentage of those
18		motor vehicles in that group that qualify as rolling stock
19		moving in interstate commerce under subsection (c) of this
20		Section to which those trailers, semitrailers, or pole
21		trailers are dedicated. However, to determine the
22		qualification for the exemption provided under this item
23		(3), the mathematical application of the qualifying
24		percentage to one or more trailers, semitrailers, or pole
25		trailers under this subpart shall not be allowed as to any
26		fraction of a trailer, semitrailer, or pole trailer.

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1		(d-5) For motor vehicles and trailers purchased on or
2		after July 1, 2017, "use as rolling stock moving in interstate
3		commerce" means that:
4		(1) the motor vehicle or trailer is used to transport
5		persons or property for hire;
6		(2) for purposes of the exemption under paragraph
7		(d-1) of the definition of "sale of service" in Section 2,
8		the purchaser who is an owner, lessor, or shipper claiming
9		the exemption certifies that the motor vehicle or trailer
10		will be utilized, from the time of purchase and continuing
11		through the statute of limitations for issuing a notice of
12		tax liability under this Act, by an interstate carrier or
13		carriers for hire who hold, and are required by Federal
14		Motor Carrier Safety Administration regulations to hold,
15		an active USDOT Number with the Carrier Operation listed
16		as "Interstate" and the Operation Classification listed as
17		"authorized for hire", "exempt for hire", or both
18		"authorized for hire" and "exempt for hire"; except that
19		this paragraph (2) does not apply to a motor vehicle or
20		trailer used at an airport to support the operation of an
21		aircraft moving in interstate commerce, as long as (i) in
22		the case of a motor vehicle, the motor vehicle meets
23		paragraphs (1) and (3) of this subsection (d-5) or (ii) in
24		the case of a trailer, the trailer meets paragraph (1) of
25		this subsection (d-5); and
26		(3) for motor vehicles, the gross vehicle weight

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1		rating exceeds 16,000 pounds.
2		The definition of "use as rolling stock moving in
3		interstate commerce" in this subsection (d-5) applies to all
4		property purchased on or after July 1, 2017 for the purpose of
5		being attached to a motor vehicle or trailer as a part thereof,
6		regardless of whether the motor vehicle or trailer was
7		purchased before, on, or after July 1, 2017.
8		If an item ceases to meet requirements (1) through (3)
9		under this subsection (d-5), then the tax is imposed on the
10		selling price, allowing for a reasonable depreciation for the
11		period during which the item qualified for the exemption.
12		For purposes of this subsection (d-5):
13		"Motor vehicle" excludes limousines, but otherwise
14		means that term as defined in Section 1-146 of the
15		Illinois Vehicle Code.
16		"Trailer" means (i) "trailer", as defined in Section
17		1-209 of the Illinois Vehicle Code, (ii) "semitrailer", as
18		defined in Section 1-187 of the Illinois Vehicle Code, and
19		(iii) "pole trailer", as defined in Section 1-161 of the
20		Illinois Vehicle Code.
21		(e) For aircraft and watercraft purchased on or after
22		January 1, 2014, "use as rolling stock moving in interstate
23		commerce" in paragraph (d-1) of the definition of "sale of
24		service" in Section 2 occurs when, during a 12-month period,
25		the rolling stock has carried persons or property for hire in
26		interstate commerce for greater than 50% of its total trips

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1		for that period or for greater than 50% of its total miles for
2		that period. The person claiming the exemption shall make an
3		election at the time of purchase to use either the trips or
4		mileage method and document that election in their books and
5		records. If no election is made under this subsection to use
6		the trips or mileage method, the person shall be deemed to have
7		chosen the mileage method. For aircraft, flight hours may be
8		used in lieu of recording miles in determining whether the
9		aircraft meets the mileage test in this subsection. For
10		watercraft, nautical miles or trip hours may be used in lieu of
11		recording miles in determining whether the watercraft meets
12		the mileage test in this subsection.
13		Notwithstanding any other provision of law to the
14		contrary, property purchased on or after January 1, 2014 for
15		the purpose of being attached to aircraft or watercraft as a
16		part thereof qualifies as rolling stock moving in interstate
17		commerce only if the aircraft or watercraft to which it will be
18		attached qualifies as rolling stock moving in interstate
19		commerce under the test set forth in this subsection (e),
20		regardless of when the aircraft or watercraft was purchased.
21		Persons who purchased aircraft or watercraft prior to January
22		1, 2014 shall make an election to use either the trips or
23		mileage method and document that election in their books and
24		records for the purpose of determining whether property
25		purchased on or after January 1, 2014 for the purpose of being
26		attached to aircraft or watercraft as a part thereof qualifies

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1		as rolling stock moving in interstate commerce under this
2		subsection (e).
3		(f) The election to use either the trips or mileage method
4		made under the provisions of subsections (c), (d), or (e) of
5		this Section will remain in effect for the duration of the
6		purchaser's ownership of that item.
7		(Source: P.A. 100-321, eff. 8-24-17; revised 7-24-19.)
8		Section 240. The Retailers' Occupation Tax Act is amended
9		by changing Section 11 as follows:
10		(35 ILCS 120/11) (from Ch. 120, par. 450)
11		Sec. 11. All information received by the Department from
12		returns filed under this Act, or from any investigation
13		conducted under this Act, shall be confidential, except for
14		official purposes, and any person, including a third party as
15		defined in the Local Government Revenue Recapture Act, who
16		divulges any such information in any manner, except in
17		accordance with a proper judicial order or as otherwise
18		provided by law, including the Local Government Revenue
19		Recapture Act, shall be guilty of a Class B misdemeanor with a
20		fine not to exceed $7,500.
21		Nothing in this Act prevents the Director of Revenue from
22		publishing or making available to the public the names and
23		addresses of persons filing returns under this Act, or
24		reasonable statistics concerning the operation of the tax by

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1		grouping the contents of returns so the information in any
2		individual return is not disclosed.
3		Nothing in this Act prevents the Director of Revenue from
4		divulging to the United States Government or the government of
5		any other state, or any officer or agency thereof, for
6		exclusively official purposes, information received by the
7		Department in administering this Act, provided that such other
8		governmental agency agrees to divulge requested tax
9		information to the Department.
10		The Department's furnishing of information derived from a
11		taxpayer's return or from an investigation conducted under
12		this Act to the surety on a taxpayer's bond that has been
13		furnished to the Department under this Act, either to provide
14		notice to such surety of its potential liability under the
15		bond or, in order to support the Department's demand for
16		payment from such surety under the bond, is an official
17		purpose within the meaning of this Section.
18		The furnishing upon request of information obtained by the
19		Department from returns filed under this Act or investigations
20		conducted under this Act to the Illinois Liquor Control
21		Commission for official use is deemed to be an official
22		purpose within the meaning of this Section.
23		Notice to a surety of potential liability shall not be
24		given unless the taxpayer has first been notified, not less
25		than 10 days prior thereto, of the Department's intent to so
26		notify the surety.

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1		The furnishing upon request of the Auditor General, or his
2		authorized agents, for official use, of returns filed and
3		information related thereto under this Act is deemed to be an
4		official purpose within the meaning of this Section.
5		Where an appeal or a protest has been filed on behalf of a
6		taxpayer, the furnishing upon request of the attorney for the
7		taxpayer of returns filed by the taxpayer and information
8		related thereto under this Act is deemed to be an official
9		purpose within the meaning of this Section.
10		The furnishing of financial information to a municipality
11		or county, upon request of the chief executive officer
12		thereof, is an official purpose within the meaning of this
13		Section, provided the municipality or county agrees in writing
14		to the requirements of this Section. Information provided to
15		municipalities and counties under this paragraph shall be
16		limited to: (1) the business name; (2) the business address;
17		(3) the standard classification number assigned to the
18		business; (4) net revenue distributed to the requesting
19		municipality or county that is directly related to the
20		requesting municipality's or county's local share of the
21		proceeds under the Use Tax Act, the Service Use Tax Act, the
22		Service Occupation Tax Act, and the Retailers' Occupation Tax
23		Act distributed from the Local Government Tax Fund, and, if
24		applicable, any locally imposed retailers' occupation tax or
25		service occupation tax; and (5) a listing of all businesses
26		within the requesting municipality or county by account

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1		identification number and address. On and after July 1, 2015,
2		the furnishing of financial information to municipalities and
3		counties under this paragraph may be by electronic means. If
4		the Department may furnish financial information to a
5		municipality or county under this paragraph, then the chief
6		executive officer of the municipality or county may, in turn,
7		provide that financial information to a third party pursuant
8		to the Local Government Revenue Recapture Act. However, the
9		third party shall agree in writing to the requirements of this
10		Section and meet the requirements of the Local Government
11		Revenue Recapture Act.
12		Information so provided shall be subject to all
13		confidentiality provisions of this Section. The written
14		agreement shall provide for reciprocity, limitations on
15		access, disclosure, and procedures for requesting information.
16		For the purposes of furnishing financial information to a
17		municipality or county under this Section, "chief executive
18		officer" means the mayor of a city, the village board
19		president of a village, the mayor or president of an
20		incorporated town, the county executive of a county that has
21		adopted the county executive form of government, the president
22		of the board of commissioners of Cook County, or the
23		chairperson of the county board or board of county
24		commissioners of any other county.
25		The Department may make available to the Board of Trustees
26		of any Metro East Mass Transit District information contained

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1		on transaction reporting returns required to be filed under
2		Section 3 of this Act that report sales made within the
3		boundary of the taxing authority of that Metro East Mass
4		Transit District, as provided in Section 5.01 of the Local
5		Mass Transit District Act. The disclosure shall be made
6		pursuant to a written agreement between the Department and the
7		Board of Trustees of a Metro East Mass Transit District, which
8		is an official purpose within the meaning of this Section. The
9		written agreement between the Department and the Board of
10		Trustees of a Metro East Mass Transit District shall provide
11		for reciprocity, limitations on access, disclosure, and
12		procedures for requesting information. Information so provided
13		shall be subject to all confidentiality provisions of this
14		Section.
15		The Director may make available to any State agency,
16		including the Illinois Supreme Court, which licenses persons
17		to engage in any occupation, information that a person
18		licensed by such agency has failed to file returns under this
19		Act or pay the tax, penalty and interest shown therein, or has
20		failed to pay any final assessment of tax, penalty or interest
21		due under this Act. The Director may make available to any
22		State agency, including the Illinois Supreme Court,
23		information regarding whether a bidder, contractor, or an
24		affiliate of a bidder or contractor has failed to collect and
25		remit Illinois Use tax on sales into Illinois, or any tax under
26		this Act or pay the tax, penalty, and interest shown therein,

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1		or has failed to pay any final assessment of tax, penalty, or
2		interest due under this Act, for the limited purpose of
3		enforcing bidder and contractor certifications. The Director
4		may make available to units of local government and school
5		districts that require bidder and contractor certifications,
6		as set forth in Sections 50-11 and 50-12 of the Illinois
7		Procurement Code, information regarding whether a bidder,
8		contractor, or an affiliate of a bidder or contractor has
9		failed to collect and remit Illinois Use tax on sales into
10		Illinois, file returns under this Act, or pay the tax,
11		penalty, and interest shown therein, or has failed to pay any
12		final assessment of tax, penalty, or interest due under this
13		Act, for the limited purpose of enforcing bidder and
14		contractor certifications. For purposes of this Section, the
15		term "affiliate" means any entity that (1) directly,
16		indirectly, or constructively controls another entity, (2) is
17		directly, indirectly, or constructively controlled by another
18		entity, or (3) is subject to the control of a common entity.
19		For purposes of this Section, an entity controls another
20		entity if it owns, directly or individually, more than 10% of
21		the voting securities of that entity. As used in this Section,
22		the term "voting security" means a security that (1) confers
23		upon the holder the right to vote for the election of members
24		of the board of directors or similar governing body of the
25		business or (2) is convertible into, or entitles the holder to
26		receive upon its exercise, a security that confers such a

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1		right to vote. A general partnership interest is a voting
2		security.
3		The Director may make available to any State agency,
4		including the Illinois Supreme Court, units of local
5		government, and school districts, information regarding
6		whether a bidder or contractor is an affiliate of a person who
7		is not collecting and remitting Illinois Use taxes for the
8		limited purpose of enforcing bidder and contractor
9		certifications.
10		The Director may also make available to the Secretary of
11		State information that a limited liability company, which has
12		filed articles of organization with the Secretary of State, or
13		corporation which has been issued a certificate of
14		incorporation by the Secretary of State has failed to file
15		returns under this Act or pay the tax, penalty and interest
16		shown therein, or has failed to pay any final assessment of
17		tax, penalty or interest due under this Act. An assessment is
18		final when all proceedings in court for review of such
19		assessment have terminated or the time for the taking thereof
20		has expired without such proceedings being instituted.
21		The Director shall make available for public inspection in
22		the Department's principal office and for publication, at
23		cost, administrative decisions issued on or after January 1,
24		1995. These decisions are to be made available in a manner so
25		that the following taxpayer information is not disclosed:
26		(1) The names, addresses, and identification numbers

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1		of the taxpayer, related entities, and employees.
2		(2) At the sole discretion of the Director, trade
3		secrets or other confidential information identified as
4		such by the taxpayer, no later than 30 days after receipt
5		of an administrative decision, by such means as the
6		Department shall provide by rule.
7		The Director shall determine the appropriate extent of the
8		deletions allowed in paragraph (2). In the event the taxpayer
9		does not submit deletions, the Director shall make only the
10		deletions specified in paragraph (1).
11		The Director shall make available for public inspection
12		and publication an administrative decision within 180 days
13		after the issuance of the administrative decision. The term
14		"administrative decision" has the same meaning as defined in
15		Section 3-101 of Article III of the Code of Civil Procedure.
16		Costs collected under this Section shall be paid into the Tax
17		Compliance and Administration Fund.
18		Nothing contained in this Act shall prevent the Director
19		from divulging information to any person pursuant to a request
20		or authorization made by the taxpayer or by an authorized
21		representative of the taxpayer.
22		The furnishing of information obtained by the Department
23		from returns filed under Public Act 101-10 this amendatory Act
24		of the 101st General Assembly to the Department of
25		Transportation for purposes of compliance with Public Act
26		101-10 this amendatory Act of the 101st General Assembly

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1		regarding aviation fuel is deemed to be an official purpose
2		within the meaning of this Section.
3		(Source: P.A. 101-10, eff. 6-5-19; 101-628, eff. 6-1-20;
4		revised 8-4-20.)
5		Section 245. The Property Tax Code is amended by changing
6		Sections 3-5, 18-185, and 18-246 and the heading of Division 6
7		of Article 10 as follows:
8		(35 ILCS 200/3-5)
9		Sec. 3-5. Supervisor of assessments. In counties with less
10		than 3,000,000 inhabitants and in which no county assessor has
11		been elected under Section 3-45, there shall be a county
12		supervisor of assessments, either appointed as provided in
13		this Section, or elected.
14		In counties with less than 3,000,000 inhabitants and not
15		having an elected county assessor or an elected supervisor of
16		assessments, the office of supervisor of assessments shall be
17		filled by appointment by the presiding officer of the county
18		board with the advice and consent of the county board.
19		To be eligible for appointment or to be eligible to file
20		nomination papers or participate as a candidate in any primary
21		or general election for, or be elected to, the office of
22		supervisor of assessments, or to enter upon the duties of the
23		office, a person must possess one of the following
24		qualifications as certified by the Department to the county

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1		clerk:
2		(1) A currently active Certified Illinois Assessing
3		Officer designation from the Illinois Property Assessment
4		Institute.
5		(2) A currently active AAS, CAE, or MAS designation
6		from the International Association of Assessing Officers.
7		(3) A currently active MAI, SREA, SRPA, SRA, or RM
8		designation from the Appraisal Institute.
9		(4) (blank).
10		In addition, a person must have had at least 2 years'
11		experience in the field of property sales, assessments,
12		finance or appraisals and must have passed an examination
13		conducted by the Department to determine his or her competence
14		to hold the office. The examination may be conducted by the
15		Department at a convenient location in the county or region.
16		Notice of the time and place shall be given by publication in a
17		newspaper of general circulation in the counties, at least one
18		week prior to the exam. The Department shall certify to the
19		county board a list of the names and scores of persons who pass
20		the examination. The Department may provide by rule the
21		maximum time that the name of a person who has passed the
22		examination will be included on a list of persons eligible for
23		appointment or election. The term of office shall be 4 years
24		from the date of appointment and until a successor is
25		appointed and qualified, or a successor is elected and
26		qualified under Section 3-52.

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1		(Source: P.A. 101-150, eff. 7-26-19; 101-467, eff. 8-23-19;
2		revised 9-19-19.)
3		(35 ILCS 200/Art. 10 Div. 6 heading)
4		Division 6. Farmland, open space,
5		and forestry management plan .
6		(35 ILCS 200/18-185)
7		Sec. 18-185. Short title; definitions. This Division 5
8		may be cited as the Property Tax Extension Limitation Law. As
9		used in this Division 5:
10		"Consumer Price Index" means the Consumer Price Index for
11		All Urban Consumers for all items published by the United
12		States Department of Labor.
13		"Extension limitation" means (a) the lesser of 5% or the
14		percentage increase in the Consumer Price Index during the
15		12-month calendar year preceding the levy year or (b) the rate
16		of increase approved by voters under Section 18-205.
17		"Affected county" means a county of 3,000,000 or more
18		inhabitants or a county contiguous to a county of 3,000,000 or
19		more inhabitants.
20		"Taxing district" has the same meaning provided in Section
21		1-150, except as otherwise provided in this Section. For the
22		1991 through 1994 levy years only, "taxing district" includes
23		only each non-home rule taxing district having the majority of
24		its 1990 equalized assessed value within any county or

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1		counties contiguous to a county with 3,000,000 or more
2		inhabitants. Beginning with the 1995 levy year, "taxing
3		district" includes only each non-home rule taxing district
4		subject to this Law before the 1995 levy year and each non-home
5		rule taxing district not subject to this Law before the 1995
6		levy year having the majority of its 1994 equalized assessed
7		value in an affected county or counties. Beginning with the
8		levy year in which this Law becomes applicable to a taxing
9		district as provided in Section 18-213, "taxing district" also
10		includes those taxing districts made subject to this Law as
11		provided in Section 18-213.
12		"Aggregate extension" for taxing districts to which this
13		Law applied before the 1995 levy year means the annual
14		corporate extension for the taxing district and those special
15		purpose extensions that are made annually for the taxing
16		district, excluding special purpose extensions: (a) made for
17		the taxing district to pay interest or principal on general
18		obligation bonds that were approved by referendum; (b) made
19		for any taxing district to pay interest or principal on
20		general obligation bonds issued before October 1, 1991; (c)
21		made for any taxing district to pay interest or principal on
22		bonds issued to refund or continue to refund those bonds
23		issued before October 1, 1991; (d) made for any taxing
24		district to pay interest or principal on bonds issued to
25		refund or continue to refund bonds issued after October 1,
26		1991 that were approved by referendum; (e) made for any taxing

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1		district to pay interest or principal on revenue bonds issued
2		before October 1, 1991 for payment of which a property tax levy
3		or the full faith and credit of the unit of local government is
4		pledged; however, a tax for the payment of interest or
5		principal on those bonds shall be made only after the
6		governing body of the unit of local government finds that all
7		other sources for payment are insufficient to make those
8		payments; (f) made for payments under a building commission
9		lease when the lease payments are for the retirement of bonds
10		issued by the commission before October 1, 1991, to pay for the
11		building project; (g) made for payments due under installment
12		contracts entered into before October 1, 1991; (h) made for
13		payments of principal and interest on bonds issued under the
14		Metropolitan Water Reclamation District Act to finance
15		construction projects initiated before October 1, 1991; (i)
16		made for payments of principal and interest on limited bonds,
17		as defined in Section 3 of the Local Government Debt Reform
18		Act, in an amount not to exceed the debt service extension base
19		less the amount in items (b), (c), (e), and (h) of this
20		definition for non-referendum obligations, except obligations
21		initially issued pursuant to referendum; (j) made for payments
22		of principal and interest on bonds issued under Section 15 of
23		the Local Government Debt Reform Act; (k) made by a school
24		district that participates in the Special Education District
25		of Lake County, created by special education joint agreement
26		under Section 10-22.31 of the School Code, for payment of the

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1		school district's share of the amounts required to be
2		contributed by the Special Education District of Lake County
3		to the Illinois Municipal Retirement Fund under Article 7 of
4		the Illinois Pension Code; the amount of any extension under
5		this item (k) shall be certified by the school district to the
6		county clerk; (l) made to fund expenses of providing joint
7		recreational programs for persons with disabilities under
8		Section 5-8 of the Park District Code or Section 11-95-14 of
9		the Illinois Municipal Code; (m) made for temporary relocation
10		loan repayment purposes pursuant to Sections 2-3.77 and
11		17-2.2d of the School Code; (n) made for payment of principal
12		and interest on any bonds issued under the authority of
13		Section 17-2.2d of the School Code; (o) made for contributions
14		to a firefighter's pension fund created under Article 4 of the
15		Illinois Pension Code, to the extent of the amount certified
16		under item (5) of Section 4-134 of the Illinois Pension Code;
17		and (p) made for road purposes in the first year after a
18		township assumes the rights, powers, duties, assets, property,
19		liabilities, obligations, and responsibilities of a road
20		district abolished under the provisions of Section 6-133 of
21		the Illinois Highway Code.
22		"Aggregate extension" for the taxing districts to which
23		this Law did not apply before the 1995 levy year (except taxing
24		districts subject to this Law in accordance with Section
25		18-213) means the annual corporate extension for the taxing
26		district and those special purpose extensions that are made

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1		annually for the taxing district, excluding special purpose
2		extensions: (a) made for the taxing district to pay interest
3		or principal on general obligation bonds that were approved by
4		referendum; (b) made for any taxing district to pay interest
5		or principal on general obligation bonds issued before March
6		1, 1995; (c) made for any taxing district to pay interest or
7		principal on bonds issued to refund or continue to refund
8		those bonds issued before March 1, 1995; (d) made for any
9		taxing district to pay interest or principal on bonds issued
10		to refund or continue to refund bonds issued after March 1,
11		1995 that were approved by referendum; (e) made for any taxing
12		district to pay interest or principal on revenue bonds issued
13		before March 1, 1995 for payment of which a property tax levy
14		or the full faith and credit of the unit of local government is
15		pledged; however, a tax for the payment of interest or
16		principal on those bonds shall be made only after the
17		governing body of the unit of local government finds that all
18		other sources for payment are insufficient to make those
19		payments; (f) made for payments under a building commission
20		lease when the lease payments are for the retirement of bonds
21		issued by the commission before March 1, 1995 to pay for the
22		building project; (g) made for payments due under installment
23		contracts entered into before March 1, 1995; (h) made for
24		payments of principal and interest on bonds issued under the
25		Metropolitan Water Reclamation District Act to finance
26		construction projects initiated before October 1, 1991; (h-4)

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1		made for stormwater management purposes by the Metropolitan
2		Water Reclamation District of Greater Chicago under Section 12
3		of the Metropolitan Water Reclamation District Act; (i) made
4		for payments of principal and interest on limited bonds, as
5		defined in Section 3 of the Local Government Debt Reform Act,
6		in an amount not to exceed the debt service extension base less
7		the amount in items (b), (c), and (e) of this definition for
8		non-referendum obligations, except obligations initially
9		issued pursuant to referendum and bonds described in
10		subsection (h) of this definition; (j) made for payments of
11		principal and interest on bonds issued under Section 15 of the
12		Local Government Debt Reform Act; (k) made for payments of
13		principal and interest on bonds authorized by Public Act
14		88-503 and issued under Section 20a of the Chicago Park
15		District Act for aquarium or museum projects; (l) made for
16		payments of principal and interest on bonds authorized by
17		Public Act 87-1191 or 93-601 and (i) issued pursuant to
18		Section 21.2 of the Cook County Forest Preserve District Act,
19		(ii) issued under Section 42 of the Cook County Forest
20		Preserve District Act for zoological park projects, or (iii)
21		issued under Section 44.1 of the Cook County Forest Preserve
22		District Act for botanical gardens projects; (m) made pursuant
23		to Section 34-53.5 of the School Code, whether levied annually
24		or not; (n) made to fund expenses of providing joint
25		recreational programs for persons with disabilities under
26		Section 5-8 of the Park District Code or Section 11-95-14 of

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1		the Illinois Municipal Code; (o) made by the Chicago Park
2		District for recreational programs for persons with
3		disabilities under subsection (c) of Section 7.06 of the
4		Chicago Park District Act; (p) made for contributions to a
5		firefighter's pension fund created under Article 4 of the
6		Illinois Pension Code, to the extent of the amount certified
7		under item (5) of Section 4-134 of the Illinois Pension Code;
8		(q) made by Ford Heights School District 169 under Section
9		17-9.02 of the School Code; and (r) made for the purpose of
10		making employer contributions to the Public School Teachers'
11		Pension and Retirement Fund of Chicago under Section 34-53 of
12		the School Code.
13		"Aggregate extension" for all taxing districts to which
14		this Law applies in accordance with Section 18-213, except for
15		those taxing districts subject to paragraph (2) of subsection
16		(e) of Section 18-213, means the annual corporate extension
17		for the taxing district and those special purpose extensions
18		that are made annually for the taxing district, excluding
19		special purpose extensions: (a) made for the taxing district
20		to pay interest or principal on general obligation bonds that
21		were approved by referendum; (b) made for any taxing district
22		to pay interest or principal on general obligation bonds
23		issued before the date on which the referendum making this Law
24		applicable to the taxing district is held; (c) made for any
25		taxing district to pay interest or principal on bonds issued
26		to refund or continue to refund those bonds issued before the

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1		date on which the referendum making this Law applicable to the
2		taxing district is held; (d) made for any taxing district to
3		pay interest or principal on bonds issued to refund or
4		continue to refund bonds issued after the date on which the
5		referendum making this Law applicable to the taxing district
6		is held if the bonds were approved by referendum after the date
7		on which the referendum making this Law applicable to the
8		taxing district is held; (e) made for any taxing district to
9		pay interest or principal on revenue bonds issued before the
10		date on which the referendum making this Law applicable to the
11		taxing district is held for payment of which a property tax
12		levy or the full faith and credit of the unit of local
13		government is pledged; however, a tax for the payment of
14		interest or principal on those bonds shall be made only after
15		the governing body of the unit of local government finds that
16		all other sources for payment are insufficient to make those
17		payments; (f) made for payments under a building commission
18		lease when the lease payments are for the retirement of bonds
19		issued by the commission before the date on which the
20		referendum making this Law applicable to the taxing district
21		is held to pay for the building project; (g) made for payments
22		due under installment contracts entered into before the date
23		on which the referendum making this Law applicable to the
24		taxing district is held; (h) made for payments of principal
25		and interest on limited bonds, as defined in Section 3 of the
26		Local Government Debt Reform Act, in an amount not to exceed

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1		the debt service extension base less the amount in items (b),
2		(c), and (e) of this definition for non-referendum
3		obligations, except obligations initially issued pursuant to
4		referendum; (i) made for payments of principal and interest on
5		bonds issued under Section 15 of the Local Government Debt
6		Reform Act; (j) made for a qualified airport authority to pay
7		interest or principal on general obligation bonds issued for
8		the purpose of paying obligations due under, or financing
9		airport facilities required to be acquired, constructed,
10		installed or equipped pursuant to, contracts entered into
11		before March 1, 1996 (but not including any amendments to such
12		a contract taking effect on or after that date); (k) made to
13		fund expenses of providing joint recreational programs for
14		persons with disabilities under Section 5-8 of the Park
15		District Code or Section 11-95-14 of the Illinois Municipal
16		Code; (l) made for contributions to a firefighter's pension
17		fund created under Article 4 of the Illinois Pension Code, to
18		the extent of the amount certified under item (5) of Section
19		4-134 of the Illinois Pension Code; and (m) made for the taxing
20		district to pay interest or principal on general obligation
21		bonds issued pursuant to Section 19-3.10 of the School Code.
22		"Aggregate extension" for all taxing districts to which
23		this Law applies in accordance with paragraph (2) of
24		subsection (e) of Section 18-213 means the annual corporate
25		extension for the taxing district and those special purpose
26		extensions that are made annually for the taxing district,

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1		excluding special purpose extensions: (a) made for the taxing
2		district to pay interest or principal on general obligation
3		bonds that were approved by referendum; (b) made for any
4		taxing district to pay interest or principal on general
5		obligation bonds issued before March 7, 1997 (the effective
6		date of Public Act 89-718) this amendatory Act of 1997; (c)
7		made for any taxing district to pay interest or principal on
8		bonds issued to refund or continue to refund those bonds
9		issued before March 7, 1997 (the effective date of Public Act
10		89-718) this amendatory Act of 1997; (d) made for any taxing
11		district to pay interest or principal on bonds issued to
12		refund or continue to refund bonds issued after March 7, 1997
13		(the effective date of Public Act 89-718) this amendatory Act
14		of 1997 if the bonds were approved by referendum after March 7,
15		1997 (the effective date of Public Act 89-718) this amendatory
16		Act of 1997; (e) made for any taxing district to pay interest
17		or principal on revenue bonds issued before March 7, 1997 (the
18		effective date of Public Act 89-718) this amendatory Act of
19		1997 for payment of which a property tax levy or the full faith
20		and credit of the unit of local government is pledged;
21		however, a tax for the payment of interest or principal on
22		those bonds shall be made only after the governing body of the
23		unit of local government finds that all other sources for
24		payment are insufficient to make those payments; (f) made for
25		payments under a building commission lease when the lease
26		payments are for the retirement of bonds issued by the

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1		commission before March 7, 1997 (the effective date of Public
2		Act 89-718) this amendatory Act of 1997 to pay for the building
3		project; (g) made for payments due under installment contracts
4		entered into before March 7, 1997 (the effective date of
5		Public Act 89-718) this amendatory Act of 1997; (h) made for
6		payments of principal and interest on limited bonds, as
7		defined in Section 3 of the Local Government Debt Reform Act,
8		in an amount not to exceed the debt service extension base less
9		the amount in items (b), (c), and (e) of this definition for
10		non-referendum obligations, except obligations initially
11		issued pursuant to referendum; (i) made for payments of
12		principal and interest on bonds issued under Section 15 of the
13		Local Government Debt Reform Act; (j) made for a qualified
14		airport authority to pay interest or principal on general
15		obligation bonds issued for the purpose of paying obligations
16		due under, or financing airport facilities required to be
17		acquired, constructed, installed or equipped pursuant to,
18		contracts entered into before March 1, 1996 (but not including
19		any amendments to such a contract taking effect on or after
20		that date); (k) made to fund expenses of providing joint
21		recreational programs for persons with disabilities under
22		Section 5-8 of the Park District Code or Section 11-95-14 of
23		the Illinois Municipal Code; and (l) made for contributions to
24		a firefighter's pension fund created under Article 4 of the
25		Illinois Pension Code, to the extent of the amount certified
26		under item (5) of Section 4-134 of the Illinois Pension Code.

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1		"Debt service extension base" means an amount equal to
2		that portion of the extension for a taxing district for the
3		1994 levy year, or for those taxing districts subject to this
4		Law in accordance with Section 18-213, except for those
5		subject to paragraph (2) of subsection (e) of Section 18-213,
6		for the levy year in which the referendum making this Law
7		applicable to the taxing district is held, or for those taxing
8		districts subject to this Law in accordance with paragraph (2)
9		of subsection (e) of Section 18-213 for the 1996 levy year,
10		constituting an extension for payment of principal and
11		interest on bonds issued by the taxing district without
12		referendum, but not including excluded non-referendum bonds.
13		For park districts (i) that were first subject to this Law in
14		1991 or 1995 and (ii) whose extension for the 1994 levy year
15		for the payment of principal and interest on bonds issued by
16		the park district without referendum (but not including
17		excluded non-referendum bonds) was less than 51% of the amount
18		for the 1991 levy year constituting an extension for payment
19		of principal and interest on bonds issued by the park district
20		without referendum (but not including excluded non-referendum
21		bonds), "debt service extension base" means an amount equal to
22		that portion of the extension for the 1991 levy year
23		constituting an extension for payment of principal and
24		interest on bonds issued by the park district without
25		referendum (but not including excluded non-referendum bonds).
26		A debt service extension base established or increased at any

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1		time pursuant to any provision of this Law, except Section
2		18-212, shall be increased each year commencing with the later
3		of (i) the 2009 levy year or (ii) the first levy year in which
4		this Law becomes applicable to the taxing district, by the
5		lesser of 5% or the percentage increase in the Consumer Price
6		Index during the 12-month calendar year preceding the levy
7		year. The debt service extension base may be established or
8		increased as provided under Section 18-212. "Excluded
9		non-referendum bonds" means (i) bonds authorized by Public Act
10		88-503 and issued under Section 20a of the Chicago Park
11		District Act for aquarium and museum projects; (ii) bonds
12		issued under Section 15 of the Local Government Debt Reform
13		Act; or (iii) refunding obligations issued to refund or to
14		continue to refund obligations initially issued pursuant to
15		referendum.
16		"Special purpose extensions" include, but are not limited
17		to, extensions for levies made on an annual basis for
18		unemployment and workers' compensation, self-insurance,
19		contributions to pension plans, and extensions made pursuant
20		to Section 6-601 of the Illinois Highway Code for a road
21		district's permanent road fund whether levied annually or not.
22		The extension for a special service area is not included in the
23		aggregate extension.
24		"Aggregate extension base" means the taxing district's
25		last preceding aggregate extension as adjusted under Sections
26		18-135, 18-215, 18-230, and 18-206. An adjustment under

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1		Section 18-135 shall be made for the 2007 levy year and all
2		subsequent levy years whenever one or more counties within
3		which a taxing district is located (i) used estimated
4		valuations or rates when extending taxes in the taxing
5		district for the last preceding levy year that resulted in the
6		over or under extension of taxes, or (ii) increased or
7		decreased the tax extension for the last preceding levy year
8		as required by Section 18-135(c). Whenever an adjustment is
9		required under Section 18-135, the aggregate extension base of
10		the taxing district shall be equal to the amount that the
11		aggregate extension of the taxing district would have been for
12		the last preceding levy year if either or both (i) actual,
13		rather than estimated, valuations or rates had been used to
14		calculate the extension of taxes for the last levy year, or
15		(ii) the tax extension for the last preceding levy year had not
16		been adjusted as required by subsection (c) of Section 18-135.
17		Notwithstanding any other provision of law, for levy year
18		2012, the aggregate extension base for West Northfield School
19		District No. 31 in Cook County shall be $12,654,592.
20		"Levy year" has the same meaning as "year" under Section
21		1-155.
22		"New property" means (i) the assessed value, after final
23		board of review or board of appeals action, of new
24		improvements or additions to existing improvements on any
25		parcel of real property that increase the assessed value of
26		that real property during the levy year multiplied by the

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1		equalization factor issued by the Department under Section
2		17-30, (ii) the assessed value, after final board of review or
3		board of appeals action, of real property not exempt from real
4		estate taxation, which real property was exempt from real
5		estate taxation for any portion of the immediately preceding
6		levy year, multiplied by the equalization factor issued by the
7		Department under Section 17-30, including the assessed value,
8		upon final stabilization of occupancy after new construction
9		is complete, of any real property located within the
10		boundaries of an otherwise or previously exempt military
11		reservation that is intended for residential use and owned by
12		or leased to a private corporation or other entity, (iii) in
13		counties that classify in accordance with Section 4 of Article
14		IX of the Illinois Constitution, an incentive property's
15		additional assessed value resulting from a scheduled increase
16		in the level of assessment as applied to the first year final
17		board of review market value, and (iv) any increase in
18		assessed value due to oil or gas production from an oil or gas
19		well required to be permitted under the Hydraulic Fracturing
20		Regulatory Act that was not produced in or accounted for
21		during the previous levy year. In addition, the county clerk
22		in a county containing a population of 3,000,000 or more shall
23		include in the 1997 recovered tax increment value for any
24		school district, any recovered tax increment value that was
25		applicable to the 1995 tax year calculations.
26		"Qualified airport authority" means an airport authority

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1		organized under the Airport Authorities Act and located in a
2		county bordering on the State of Wisconsin and having a
3		population in excess of 200,000 and not greater than 500,000.
4		"Recovered tax increment value" means, except as otherwise
5		provided in this paragraph, the amount of the current year's
6		equalized assessed value, in the first year after a
7		municipality terminates the designation of an area as a
8		redevelopment project area previously established under the
9		Tax Increment Allocation Redevelopment Development Act in the
10		Illinois Municipal Code, previously established under the
11		Industrial Jobs Recovery Law in the Illinois Municipal Code,
12		previously established under the Economic Development Project
13		Area Tax Increment Act of 1995, or previously established
14		under the Economic Development Area Tax Increment Allocation
15		Act, of each taxable lot, block, tract, or parcel of real
16		property in the redevelopment project area over and above the
17		initial equalized assessed value of each property in the
18		redevelopment project area. For the taxes which are extended
19		for the 1997 levy year, the recovered tax increment value for a
20		non-home rule taxing district that first became subject to
21		this Law for the 1995 levy year because a majority of its 1994
22		equalized assessed value was in an affected county or counties
23		shall be increased if a municipality terminated the
24		designation of an area in 1993 as a redevelopment project area
25		previously established under the Tax Increment Allocation
26		Redevelopment Development Act in the Illinois Municipal Code,

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1		previously established under the Industrial Jobs Recovery Law
2		in the Illinois Municipal Code, or previously established
3		under the Economic Development Area Tax Increment Allocation
4		Act, by an amount equal to the 1994 equalized assessed value of
5		each taxable lot, block, tract, or parcel of real property in
6		the redevelopment project area over and above the initial
7		equalized assessed value of each property in the redevelopment
8		project area. In the first year after a municipality removes a
9		taxable lot, block, tract, or parcel of real property from a
10		redevelopment project area established under the Tax Increment
11		Allocation Redevelopment Development Act in the Illinois
12		Municipal Code, the Industrial Jobs Recovery Law in the
13		Illinois Municipal Code, or the Economic Development Area Tax
14		Increment Allocation Act, "recovered tax increment value"
15		means the amount of the current year's equalized assessed
16		value of each taxable lot, block, tract, or parcel of real
17		property removed from the redevelopment project area over and
18		above the initial equalized assessed value of that real
19		property before removal from the redevelopment project area.
20		Except as otherwise provided in this Section, "limiting
21		rate" means a fraction the numerator of which is the last
22		preceding aggregate extension base times an amount equal to
23		one plus the extension limitation defined in this Section and
24		the denominator of which is the current year's equalized
25		assessed value of all real property in the territory under the
26		jurisdiction of the taxing district during the prior levy

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1		year. For those taxing districts that reduced their aggregate
2		extension for the last preceding levy year, except for school
3		districts that reduced their extension for educational
4		purposes pursuant to Section 18-206, the highest aggregate
5		extension in any of the last 3 preceding levy years shall be
6		used for the purpose of computing the limiting rate. The
7		denominator shall not include new property or the recovered
8		tax increment value. If a new rate, a rate decrease, or a
9		limiting rate increase has been approved at an election held
10		after March 21, 2006, then (i) the otherwise applicable
11		limiting rate shall be increased by the amount of the new rate
12		or shall be reduced by the amount of the rate decrease, as the
13		case may be, or (ii) in the case of a limiting rate increase,
14		the limiting rate shall be equal to the rate set forth in the
15		proposition approved by the voters for each of the years
16		specified in the proposition, after which the limiting rate of
17		the taxing district shall be calculated as otherwise provided.
18		In the case of a taxing district that obtained referendum
19		approval for an increased limiting rate on March 20, 2012, the
20		limiting rate for tax year 2012 shall be the rate that
21		generates the approximate total amount of taxes extendable for
22		that tax year, as set forth in the proposition approved by the
23		voters; this rate shall be the final rate applied by the county
24		clerk for the aggregate of all capped funds of the district for
25		tax year 2012.
26		(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;

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1		100-465, eff. 8-31-17; revised 8-12-19.)
2		(35 ILCS 200/18-246)
3		Sec. 18-246. Short title; definitions. This Division 5.1
4		may be cited as the One-year Property Tax Extension Limitation
5		Law.
6		As used in this Division 5.1:
7		"Taxing district" has the same meaning provided in Section
8		1-150, except that it includes only each non-home rule taxing
9		district with the majority of its 1993 equalized assessed
10		value contained in one or more affected counties, as defined
11		in Section 18-185, other than those taxing districts subject
12		to the Property Tax Extension Limitation Law before February
13		12, 1995 (the effective date of Public Act 89-1) this
14		amendatory Act of 1995.
15		"Aggregate extension" means the annual corporate extension
16		for the taxing district and those special purpose extensions
17		that are made annually for the taxing district, excluding
18		special purpose extensions: (a) made for the taxing district
19		to pay interest or principal on general obligation bonds that
20		were approved by referendum; (b) made for any taxing district
21		to pay interest or principal on general obligation bonds
22		issued before March 1, 1995; (c) made for any taxing district
23		to pay interest or principal on bonds issued to refund or
24		continue to refund those bonds issued before March 1, 1995;
25		(d) made for any taxing district to pay interest or principal

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1		on bonds issued to refund or continue to refund bonds issued
2		after March 1, 1995 that were approved by referendum; (e) made
3		for any taxing district to pay interest or principal on
4		revenue bonds issued before March 1, 1995 for payment of which
5		a property tax levy or the full faith and credit of the unit of
6		local government is pledged; however, a tax for the payment of
7		interest or principal on those bonds shall be made only after
8		the governing body of the unit of local government finds that
9		all other sources for payment are insufficient to make those
10		payments; (f) made for payments under a building commission
11		lease when the lease payments are for the retirement of bonds
12		issued by the commission before March 1, 1995, to pay for the
13		building project; (g) made for payments due under installment
14		contracts entered into before March 1, 1995; and (h) made for
15		payments of principal and interest on bonds issued under the
16		Metropolitan Water Reclamation District Act to finance
17		construction projects initiated before October 1, 1991.
18		"Special purpose extensions" includes, but is not limited
19		to, extensions for levies made on an annual basis for
20		unemployment compensation, workers' compensation,
21		self-insurance, contributions to pension plans, and extensions
22		made under Section 6-601 of the Illinois Highway Code for a
23		road district's permanent road fund, whether levied annually
24		or not. The extension for a special service area is not
25		included in the aggregate extension.
26		"Aggregate extension base" means the taxing district's

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1		aggregate extension for the 1993 levy year as adjusted under
2		Section 18-248.
3		"Levy year" has the same meaning as "year" under Section
4		1-155.
5		"New property" means (i) the assessed value, after final
6		board of review or board of appeals action, of new
7		improvements or additions to existing improvements on any
8		parcel of real property that increase the assessed value of
9		that real property during the levy year multiplied by the
10		equalization factor issued by the Department under Section
11		17-30 and (ii) the assessed value, after final board of review
12		or board of appeals action, of real property not exempt from
13		real estate taxation, which real property was exempt from real
14		estate taxation for any portion of the immediately preceding
15		levy year, multiplied by the equalization factor issued by the
16		Department under Section 17-30.
17		"Recovered tax increment value" means the amount of the
18		1994 equalized assessed value, in the first year after a city
19		terminates the designation of an area as a redevelopment
20		project area previously established under the Tax Increment
21		Allocation Redevelopment Development Act of the Illinois
22		Municipal Code or previously established under the Industrial
23		Jobs Recovery Law of the Illinois Municipal Code, or
24		previously established under the Economic Development Area Tax
25		Increment Allocation Act, of each taxable lot, block, tract,
26		or parcel of real property in the redevelopment project area

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1		over and above the initial equalized assessed value of each
2		property in the redevelopment project area.
3		Except as otherwise provided in this Section, "limiting
4		rate" means a fraction the numerator of which is the aggregate
5		extension base times 1.05 and the denominator of which is the
6		1994 equalized assessed value of all real property in the
7		territory under the jurisdiction of the taxing district during
8		the 1993 levy year. The denominator shall not include new
9		property and shall not include the recovered tax increment
10		value.
11		(Source: P.A. 91-357, eff. 7-29-99; revised 8-20-19.)
12		Section 250. The Motor Fuel Tax Law is amended by changing
13		Section 8 as follows:
14		(35 ILCS 505/8) (from Ch. 120, par. 424)
15		Sec. 8. Except as provided in subsection (a-1) of this
16		Section, Section 8a, subdivision (h)(1) of Section 12a,
17		Section 13a.6, and items 13, 14, 15, and 16 of Section 15, all
18		money received by the Department under this Act, including
19		payments made to the Department by member jurisdictions
20		participating in the International Fuel Tax Agreement, shall
21		be deposited in a special fund in the State treasury, to be
22		known as the "Motor Fuel Tax Fund", and shall be used as
23		follows:
24		(a) 2 1/2 cents per gallon of the tax collected on special

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1		fuel under paragraph (b) of Section 2 and Section 13a of this
2		Act shall be transferred to the State Construction Account
3		Fund in the State Treasury; the remainder of the tax collected
4		on special fuel under paragraph (b) of Section 2 and Section
5		13a of this Act shall be deposited into the Road Fund;
6		(a-1) Beginning on July 1, 2019, an amount equal to the
7		amount of tax collected under subsection (a) of Section 2 as a
8		result of the increase in the tax rate under Public Act 101-32
9		this amendatory Act of the 101st General Assembly shall be
10		transferred each month into the Transportation Renewal Fund; .
11		(b) $420,000 shall be transferred each month to the State
12		Boating Act Fund to be used by the Department of Natural
13		Resources for the purposes specified in Article X of the Boat
14		Registration and Safety Act;
15		(c) $3,500,000 shall be transferred each month to the
16		Grade Crossing Protection Fund to be used as follows: not less
17		than $12,000,000 each fiscal year shall be used for the
18		construction or reconstruction of rail highway grade
19		separation structures; $2,250,000 in fiscal years 2004 through
20		2009 and $3,000,000 in fiscal year 2010 and each fiscal year
21		thereafter shall be transferred to the Transportation
22		Regulatory Fund and shall be accounted for as part of the rail
23		carrier portion of such funds and shall be used to pay the cost
24		of administration of the Illinois Commerce Commission's
25		railroad safety program in connection with its duties under
26		subsection (3) of Section 18c-7401 of the Illinois Vehicle

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1		Code, with the remainder to be used by the Department of
2		Transportation upon order of the Illinois Commerce Commission,
3		to pay that part of the cost apportioned by such Commission to
4		the State to cover the interest of the public in the use of
5		highways, roads, streets, or pedestrian walkways in the county
6		highway system, township and district road system, or
7		municipal street system as defined in the Illinois Highway
8		Code, as the same may from time to time be amended, for
9		separation of grades, for installation, construction or
10		reconstruction of crossing protection or reconstruction,
11		alteration, relocation including construction or improvement
12		of any existing highway necessary for access to property or
13		improvement of any grade crossing and grade crossing surface
14		including the necessary highway approaches thereto of any
15		railroad across the highway or public road, or for the
16		installation, construction, reconstruction, or maintenance of
17		a pedestrian walkway over or under a railroad right-of-way, as
18		provided for in and in accordance with Section 18c-7401 of the
19		Illinois Vehicle Code. The Commission may order up to
20		$2,000,000 per year in Grade Crossing Protection Fund moneys
21		for the improvement of grade crossing surfaces and up to
22		$300,000 per year for the maintenance and renewal of
23		4-quadrant gate vehicle detection systems located at non-high
24		speed rail grade crossings. The Commission shall not order
25		more than $2,000,000 per year in Grade Crossing Protection
26		Fund moneys for pedestrian walkways. In entering orders for

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1		projects for which payments from the Grade Crossing Protection
2		Fund will be made, the Commission shall account for
3		expenditures authorized by the orders on a cash rather than an
4		accrual basis. For purposes of this requirement an "accrual
5		basis" assumes that the total cost of the project is expended
6		in the fiscal year in which the order is entered, while a "cash
7		basis" allocates the cost of the project among fiscal years as
8		expenditures are actually made. To meet the requirements of
9		this subsection, the Illinois Commerce Commission shall
10		develop annual and 5-year project plans of rail crossing
11		capital improvements that will be paid for with moneys from
12		the Grade Crossing Protection Fund. The annual project plan
13		shall identify projects for the succeeding fiscal year and the
14		5-year project plan shall identify projects for the 5 directly
15		succeeding fiscal years. The Commission shall submit the
16		annual and 5-year project plans for this Fund to the Governor,
17		the President of the Senate, the Senate Minority Leader, the
18		Speaker of the House of Representatives, and the Minority
19		Leader of the House of Representatives on the first Wednesday
20		in April of each year;
21		(d) of the amount remaining after allocations provided for
22		in subsections (a), (a-1), (b), and (c), a sufficient amount
23		shall be reserved to pay all of the following:
24		(1) the costs of the Department of Revenue in
25		administering this Act;
26		(2) the costs of the Department of Transportation in

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1		performing its duties imposed by the Illinois Highway Code
2		for supervising the use of motor fuel tax funds
3		apportioned to municipalities, counties and road
4		districts;
5		(3) refunds provided for in Section 13, refunds for
6		overpayment of decal fees paid under Section 13a.4 of this
7		Act, and refunds provided for under the terms of the
8		International Fuel Tax Agreement referenced in Section
9		14a;
10		(4) from October 1, 1985 until June 30, 1994, the
11		administration of the Vehicle Emissions Inspection Law,
12		which amount shall be certified monthly by the
13		Environmental Protection Agency to the State Comptroller
14		and shall promptly be transferred by the State Comptroller
15		and Treasurer from the Motor Fuel Tax Fund to the Vehicle
16		Inspection Fund, and for the period July 1, 1994 through
17		June 30, 2000, one-twelfth of $25,000,000 each month, for
18		the period July 1, 2000 through June 30, 2003, one-twelfth
19		of $30,000,000 each month, and $15,000,000 on July 1,
20		2003, and $15,000,000 on January 1, 2004, and $15,000,000
21		on each July 1 and October 1, or as soon thereafter as may
22		be practical, during the period July 1, 2004 through June
23		30, 2012, and $30,000,000 on June 1, 2013, or as soon
24		thereafter as may be practical, and $15,000,000 on July 1
25		and October 1, or as soon thereafter as may be practical,
26		during the period of July 1, 2013 through June 30, 2015,

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1		for the administration of the Vehicle Emissions Inspection
2		Law of 2005, to be transferred by the State Comptroller
3		and Treasurer from the Motor Fuel Tax Fund into the
4		Vehicle Inspection Fund;
5		(4.5) beginning on July 1, 2019, the costs of the
6		Environmental Protection Agency for the administration of
7		the Vehicle Emissions Inspection Law of 2005 shall be
8		paid, subject to appropriation, from the Motor Fuel Tax
9		Fund into the Vehicle Inspection Fund; beginning in 2019,
10		no later than December 31 of each year, or as soon
11		thereafter as practical, the State Comptroller shall
12		direct and the State Treasurer shall transfer from the
13		Vehicle Inspection Fund to the Motor Fuel Tax Fund any
14		balance remaining in the Vehicle Inspection Fund in excess
15		of $2,000,000;
16		(5) amounts ordered paid by the Court of Claims; and
17		(6) payment of motor fuel use taxes due to member
18		jurisdictions under the terms of the International Fuel
19		Tax Agreement. The Department shall certify these amounts
20		to the Comptroller by the 15th day of each month; the
21		Comptroller shall cause orders to be drawn for such
22		amounts, and the Treasurer shall administer those amounts
23		on or before the last day of each month;
24		(e) after allocations for the purposes set forth in
25		subsections (a), (a-1), (b), (c), and (d), the remaining
26		amount shall be apportioned as follows:

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1		(1) Until January 1, 2000, 58.4%, and beginning
2		January 1, 2000, 45.6% shall be deposited as follows:
3		(A) 37% into the State Construction Account Fund,
4		and
5		(B) 63% into the Road Fund, $1,250,000 of which
6		shall be reserved each month for the Department of
7		Transportation to be used in accordance with the
8		provisions of Sections 6-901 through 6-906 of the
9		Illinois Highway Code;
10		(2) Until January 1, 2000, 41.6%, and beginning
11		January 1, 2000, 54.4% shall be transferred to the
12		Department of Transportation to be distributed as follows:
13		(A) 49.10% to the municipalities of the State,
14		(B) 16.74% to the counties of the State having
15		1,000,000 or more inhabitants,
16		(C) 18.27% to the counties of the State having
17		less than 1,000,000 inhabitants,
18		(D) 15.89% to the road districts of the State.
19		If a township is dissolved under Article 24 of the
20		Township Code, McHenry County shall receive any moneys
21		that would have been distributed to the township under
22		this subparagraph, except that a municipality that assumes
23		the powers and responsibilities of a road district under
24		paragraph (6) of Section 24-35 of the Township Code shall
25		receive any moneys that would have been distributed to the
26		township in a percent equal to the area of the dissolved

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1		road district or portion of the dissolved road district
2		over which the municipality assumed the powers and
3		responsibilities compared to the total area of the
4		dissolved township. The moneys received under this
5		subparagraph shall be used in the geographic area of the
6		dissolved township. If a township is reconstituted as
7		provided under Section 24-45 of the Township Code, McHenry
8		County or a municipality shall no longer be distributed
9		moneys under this subparagraph.
10		As soon as may be after the first day of each month, the
11		Department of Transportation shall allot to each municipality
12		its share of the amount apportioned to the several
13		municipalities which shall be in proportion to the population
14		of such municipalities as determined by the last preceding
15		municipal census if conducted by the Federal Government or
16		Federal census. If territory is annexed to any municipality
17		subsequent to the time of the last preceding census the
18		corporate authorities of such municipality may cause a census
19		to be taken of such annexed territory and the population so
20		ascertained for such territory shall be added to the
21		population of the municipality as determined by the last
22		preceding census for the purpose of determining the allotment
23		for that municipality. If the population of any municipality
24		was not determined by the last Federal census preceding any
25		apportionment, the apportionment to such municipality shall be
26		in accordance with any census taken by such municipality. Any

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1		municipal census used in accordance with this Section shall be
2		certified to the Department of Transportation by the clerk of
3		such municipality, and the accuracy thereof shall be subject
4		to approval of the Department which may make such corrections
5		as it ascertains to be necessary.
6		As soon as may be after the first day of each month, the
7		Department of Transportation shall allot to each county its
8		share of the amount apportioned to the several counties of the
9		State as herein provided. Each allotment to the several
10		counties having less than 1,000,000 inhabitants shall be in
11		proportion to the amount of motor vehicle license fees
12		received from the residents of such counties, respectively,
13		during the preceding calendar year. The Secretary of State
14		shall, on or before April 15 of each year, transmit to the
15		Department of Transportation a full and complete report
16		showing the amount of motor vehicle license fees received from
17		the residents of each county, respectively, during the
18		preceding calendar year. The Department of Transportation
19		shall, each month, use for allotment purposes the last such
20		report received from the Secretary of State.
21		As soon as may be after the first day of each month, the
22		Department of Transportation shall allot to the several
23		counties their share of the amount apportioned for the use of
24		road districts. The allotment shall be apportioned among the
25		several counties in the State in the proportion which the
26		total mileage of township or district roads in the respective

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1		counties bears to the total mileage of all township and
2		district roads in the State. Funds allotted to the respective
3		counties for the use of road districts therein shall be
4		allocated to the several road districts in the county in the
5		proportion which the total mileage of such township or
6		district roads in the respective road districts bears to the
7		total mileage of all such township or district roads in the
8		county. After July 1 of any year prior to 2011, no allocation
9		shall be made for any road district unless it levied a tax for
10		road and bridge purposes in an amount which will require the
11		extension of such tax against the taxable property in any such
12		road district at a rate of not less than either .08% of the
13		value thereof, based upon the assessment for the year
14		immediately prior to the year in which such tax was levied and
15		as equalized by the Department of Revenue or, in DuPage
16		County, an amount equal to or greater than $12,000 per mile of
17		road under the jurisdiction of the road district, whichever is
18		less. Beginning July 1, 2011 and each July 1 thereafter, an
19		allocation shall be made for any road district if it levied a
20		tax for road and bridge purposes. In counties other than
21		DuPage County, if the amount of the tax levy requires the
22		extension of the tax against the taxable property in the road
23		district at a rate that is less than 0.08% of the value
24		thereof, based upon the assessment for the year immediately
25		prior to the year in which the tax was levied and as equalized
26		by the Department of Revenue, then the amount of the

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1		allocation for that road district shall be a percentage of the
2		maximum allocation equal to the percentage obtained by
3		dividing the rate extended by the district by 0.08%. In DuPage
4		County, if the amount of the tax levy requires the extension of
5		the tax against the taxable property in the road district at a
6		rate that is less than the lesser of (i) 0.08% of the value of
7		the taxable property in the road district, based upon the
8		assessment for the year immediately prior to the year in which
9		such tax was levied and as equalized by the Department of
10		Revenue, or (ii) a rate that will yield an amount equal to
11		$12,000 per mile of road under the jurisdiction of the road
12		district, then the amount of the allocation for the road
13		district shall be a percentage of the maximum allocation equal
14		to the percentage obtained by dividing the rate extended by
15		the district by the lesser of (i) 0.08% or (ii) the rate that
16		will yield an amount equal to $12,000 per mile of road under
17		the jurisdiction of the road district.
18		Prior to 2011, if any road district has levied a special
19		tax for road purposes pursuant to Sections 6-601, 6-602, and
20		6-603 of the Illinois Highway Code, and such tax was levied in
21		an amount which would require extension at a rate of not less
22		than .08% of the value of the taxable property thereof, as
23		equalized or assessed by the Department of Revenue, or, in
24		DuPage County, an amount equal to or greater than $12,000 per
25		mile of road under the jurisdiction of the road district,
26		whichever is less, such levy shall, however, be deemed a

SB2435 Enrolled - 628 - LRB102 04062 AMC 14078 b
1		proper compliance with this Section and shall qualify such
2		road district for an allotment under this Section. Beginning
3		in 2011 and thereafter, if any road district has levied a
4		special tax for road purposes under Sections 6-601, 6-602, and
5		6-603 of the Illinois Highway Code, and the tax was levied in
6		an amount that would require extension at a rate of not less
7		than 0.08% of the value of the taxable property of that road
8		district, as equalized or assessed by the Department of
9		Revenue or, in DuPage County, an amount equal to or greater
10		than $12,000 per mile of road under the jurisdiction of the
11		road district, whichever is less, that levy shall be deemed a
12		proper compliance with this Section and shall qualify such
13		road district for a full, rather than proportionate, allotment
14		under this Section. If the levy for the special tax is less
15		than 0.08% of the value of the taxable property, or, in DuPage
16		County if the levy for the special tax is less than the lesser
17		of (i) 0.08% or (ii) $12,000 per mile of road under the
18		jurisdiction of the road district, and if the levy for the
19		special tax is more than any other levy for road and bridge
20		purposes, then the levy for the special tax qualifies the road
21		district for a proportionate, rather than full, allotment
22		under this Section. If the levy for the special tax is equal to
23		or less than any other levy for road and bridge purposes, then
24		any allotment under this Section shall be determined by the
25		other levy for road and bridge purposes.
26		Prior to 2011, if a township has transferred to the road

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1		and bridge fund money which, when added to the amount of any
2		tax levy of the road district would be the equivalent of a tax
3		levy requiring extension at a rate of at least .08%, or, in
4		DuPage County, an amount equal to or greater than $12,000 per
5		mile of road under the jurisdiction of the road district,
6		whichever is less, such transfer, together with any such tax
7		levy, shall be deemed a proper compliance with this Section
8		and shall qualify the road district for an allotment under
9		this Section.
10		In counties in which a property tax extension limitation
11		is imposed under the Property Tax Extension Limitation Law,
12		road districts may retain their entitlement to a motor fuel
13		tax allotment or, beginning in 2011, their entitlement to a
14		full allotment if, at the time the property tax extension
15		limitation was imposed, the road district was levying a road
16		and bridge tax at a rate sufficient to entitle it to a motor
17		fuel tax allotment and continues to levy the maximum allowable
18		amount after the imposition of the property tax extension
19		limitation. Any road district may in all circumstances retain
20		its entitlement to a motor fuel tax allotment or, beginning in
21		2011, its entitlement to a full allotment if it levied a road
22		and bridge tax in an amount that will require the extension of
23		the tax against the taxable property in the road district at a
24		rate of not less than 0.08% of the assessed value of the
25		property, based upon the assessment for the year immediately
26		preceding the year in which the tax was levied and as equalized

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1		by the Department of Revenue or, in DuPage County, an amount
2		equal to or greater than $12,000 per mile of road under the
3		jurisdiction of the road district, whichever is less.
4		As used in this Section, the term "road district" means
5		any road district, including a county unit road district,
6		provided for by the Illinois Highway Code; and the term
7		"township or district road" means any road in the township and
8		district road system as defined in the Illinois Highway Code.
9		For the purposes of this Section, "township or district road"
10		also includes such roads as are maintained by park districts,
11		forest preserve districts and conservation districts. The
12		Department of Transportation shall determine the mileage of
13		all township and district roads for the purposes of making
14		allotments and allocations of motor fuel tax funds for use in
15		road districts.
16		Payment of motor fuel tax moneys to municipalities and
17		counties shall be made as soon as possible after the allotment
18		is made. The treasurer of the municipality or county may
19		invest these funds until their use is required and the
20		interest earned by these investments shall be limited to the
21		same uses as the principal funds.
22		(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
23		101-493, eff. 8-23-19; revised 9-24-19.)
24		Section 255. The Illinois Pension Code is amended by
25		changing Sections 1-109, 4-117, 4-118, 4-141, 14-125, 15-155,

SB2435 Enrolled - 631 - LRB102 04062 AMC 14078 b
1		16-158, 16-190.5, 16-203, and 22C-115 as follows:
2		(40 ILCS 5/1-109) (from Ch. 108 1/2, par. 1-109)
3		Sec. 1-109. Duties of fiduciaries. A fiduciary with
4		respect to a retirement system or pension fund established
5		under this Code shall discharge his or her duties with respect
6		to the retirement system or pension fund solely in the
7		interest of the participants and beneficiaries and:
8		(a) for the exclusive purpose of:
9		(1) providing benefits to participants and their
10		beneficiaries; and
11		(2) defraying reasonable expenses of administering
12		the retirement system or pension fund;
13		(b) with the care, skill, prudence and diligence under
14		the circumstances then prevailing that a prudent man
15		acting in a like capacity and familiar with such matters
16		would use in the conduct of an enterprise of a like
17		character with like aims;
18		(c) by diversifying the investments of the retirement
19		system or pension fund so as to minimize the risk of large
20		losses, unless under the circumstances it is clearly
21		prudent not to do so; and
22		(d) in accordance with the provisions of the Article
23		of this the Pension Code governing the retirement system
24		or pension fund.
25		(Source: P.A. 82-960; revised 11-26-19.)

SB2435 Enrolled - 632 - LRB102 04062 AMC 14078 b
1		(40 ILCS 5/4-117) (from Ch. 108 1/2, par. 4-117)
2		Sec. 4-117. Reentry into active service.
3		(a) If a firefighter receiving pension payments reenters
4		active service, pension payments shall be suspended while he
5		or she is in service. If the firefighter again retires or is
6		discharged, his or her monthly pension shall be resumed in the
7		same amount as was paid upon first retirement or discharge
8		unless he or she remained in active service 3 or more years
9		after re-entry in which case the monthly pension shall be
10		based on the salary attached to the firefighter's rank at the
11		date of last retirement.
12		(b) If a deferred pensioner re-enters active service, and
13		again retires or is discharged from the fire service, his or
14		her pension shall be based on the salary attached to the rank
15		held in the fire service at the date of earlier retirement,
16		unless the firefighter remains in active service for 3 or more
17		years after re-entry, in which case the monthly pension shall
18		be based on the salary attached to the firefighter's rank at
19		the date of last retirement.
20		(c) If a pensioner or deferred pensioner re-enters or is
21		recalled to active service and is thereafter injured, and the
22		injury is not related to an injury for which he or she was
23		previously receiving a disability pension, the 3-year 3 year
24		service requirement shall not apply in order for the
25		firefighter to qualify for the increased pension based on the

SB2435 Enrolled - 633 - LRB102 04062 AMC 14078 b
1		rate of pay at the time of the new injury.
2		(Source: P.A. 83-1440; revised 7-17-19.)
3		(40 ILCS 5/4-118) (from Ch. 108 1/2, par. 4-118)
4		Sec. 4-118. Financing.
5		(a) The city council or the board of trustees of the
6		municipality shall annually levy a tax upon all the taxable
7		property of the municipality at the rate on the dollar which
8		will produce an amount which, when added to the deductions
9		from the salaries or wages of firefighters and revenues
10		available from other sources, will equal a sum sufficient to
11		meet the annual actuarial requirements of the pension fund, as
12		determined by an enrolled actuary employed by the Illinois
13		Department of Insurance or by an enrolled actuary retained by
14		the pension fund or municipality. For the purposes of this
15		Section, the annual actuarial requirements of the pension fund
16		are equal to (1) the normal cost of the pension fund, or 17.5%
17		of the salaries and wages to be paid to firefighters for the
18		year involved, whichever is greater, plus (2) an annual amount
19		sufficient to bring the total assets of the pension fund up to
20		90% of the total actuarial liabilities of the pension fund by
21		the end of municipal fiscal year 2040, as annually updated and
22		determined by an enrolled actuary employed by the Illinois
23		Department of Insurance or by an enrolled actuary retained by
24		the pension fund or the municipality. In making these
25		determinations, the required minimum employer contribution

SB2435 Enrolled - 634 - LRB102 04062 AMC 14078 b
1		shall be calculated each year as a level percentage of payroll
2		over the years remaining up to and including fiscal year 2040
3		and shall be determined under the projected unit credit
4		actuarial cost method. The amount to be applied towards the
5		amortization of the unfunded accrued liability in any year
6		shall not be less than the annual amount required to amortize
7		the unfunded accrued liability, including interest, as a level
8		percentage of payroll over the number of years remaining in
9		the 40-year 40 year amortization period.
10		(a-2) A municipality that has established a pension fund
11		under this Article and that who employs a full-time
12		firefighter, as defined in Section 4-106, shall be deemed a
13		primary employer with respect to that full-time firefighter.
14		Any municipality of 5,000 or more inhabitants that employs or
15		enrolls a firefighter while that firefighter continues to earn
16		service credit as a participant in a primary employer's
17		pension fund under this Article shall be deemed a secondary
18		employer and such employees shall be deemed to be secondary
19		employee firefighters. To ensure that the primary employer's
20		pension fund under this Article is aware of additional
21		liabilities and risks to which firefighters are exposed when
22		performing work as firefighters for secondary employers, a
23		secondary employer shall annually prepare a report accounting
24		for all hours worked by and wages and salaries paid to the
25		secondary employee firefighters it receives services from or
26		employs for each fiscal year in which such firefighters are

SB2435 Enrolled - 635 - LRB102 04062 AMC 14078 b
1		employed and transmit a certified copy of that report to the
2		primary employer's pension fund and the secondary employee
3		firefighter no later than 30 days after the end of any fiscal
4		year in which wages were paid to the secondary employee
5		firefighters.
6		Nothing in this Section shall be construed to allow a
7		secondary employee to qualify for benefits or creditable
8		service for employment as a firefighter for a secondary
9		employer.
10		(a-5) For purposes of determining the required employer
11		contribution to a pension fund, the value of the pension
12		fund's assets shall be equal to the actuarial value of the
13		pension fund's assets, which shall be calculated as follows:
14		(1) On March 30, 2011, the actuarial value of a
15		pension fund's assets shall be equal to the market value
16		of the assets as of that date.
17		(2) In determining the actuarial value of the pension
18		fund's assets for fiscal years after March 30, 2011, any
19		actuarial gains or losses from investment return incurred
20		in a fiscal year shall be recognized in equal annual
21		amounts over the 5-year period following that fiscal year.
22		(b) The tax shall be levied and collected in the same
23		manner as the general taxes of the municipality, and shall be
24		in addition to all other taxes now or hereafter authorized to
25		be levied upon all property within the municipality, and in
26		addition to the amount authorized to be levied for general

SB2435 Enrolled - 636 - LRB102 04062 AMC 14078 b
1		purposes, under Section 8-3-1 of the Illinois Municipal Code
2		or under Section 14 of the Fire Protection District Act. The
3		tax shall be forwarded directly to the treasurer of the board
4		within 30 business days of receipt by the county (or, in the
5		case of amounts added to the tax levy under subsection (f),
6		used by the municipality to pay the employer contributions
7		required under subsection (b-1) of Section 15-155 of this
8		Code).
9		(b-5) If a participating municipality fails to transmit to
10		the fund contributions required of it under this Article for
11		more than 90 days after the payment of those contributions is
12		due, the fund may, after giving notice to the municipality,
13		certify to the State Comptroller the amounts of the delinquent
14		payments in accordance with any applicable rules of the
15		Comptroller, and the Comptroller must, beginning in fiscal
16		year 2016, deduct and remit to the fund the certified amounts
17		or a portion of those amounts from the following proportions
18		of payments of State funds to the municipality:
19		(1) in fiscal year 2016, one-third of the total amount
20		of any payments of State funds to the municipality;
21		(2) in fiscal year 2017, two-thirds of the total
22		amount of any payments of State funds to the municipality;
23		and
24		(3) in fiscal year 2018 and each fiscal year
25		thereafter, the total amount of any payments of State
26		funds to the municipality.

SB2435 Enrolled - 637 - LRB102 04062 AMC 14078 b
1		The State Comptroller may not deduct from any payments of
2		State funds to the municipality more than the amount of
3		delinquent payments certified to the State Comptroller by the
4		fund.
5		(c) The board shall make available to the membership and
6		the general public for inspection and copying at reasonable
7		times the most recent Actuarial Valuation Balance Sheet and
8		Tax Levy Requirement issued to the fund by the Department of
9		Insurance.
10		(d) The firefighters' pension fund shall consist of the
11		following moneys which shall be set apart by the treasurer of
12		the municipality: (1) all moneys derived from the taxes levied
13		hereunder; (2) contributions by firefighters as provided under
14		Section 4-118.1; (2.5) all moneys received from the
15		Firefighters' Pension Investment Fund as provided in Article
16		22C of this Code; (3) all rewards in money, fees, gifts, and
17		emoluments that may be paid or given for or on account of
18		extraordinary service by the fire department or any member
19		thereof, except when allowed to be retained by competitive
20		awards; and (4) any money, real estate or personal property
21		received by the board.
22		(e) For the purposes of this Section, "enrolled actuary"
23		means an actuary: (1) who is a member of the Society of
24		Actuaries or the American Academy of Actuaries; and (2) who is
25		enrolled under Subtitle C of Title III of the Employee
26		Retirement Income Security Act of 1974, or who has been

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1		engaged in providing actuarial services to one or more public
2		retirement systems for a period of at least 3 years as of July
3		1, 1983.
4		(f) The corporate authorities of a municipality that
5		employs a person who is described in subdivision (d) of
6		Section 4-106 may add to the tax levy otherwise provided for in
7		this Section an amount equal to the projected cost of the
8		employer contributions required to be paid by the municipality
9		to the State Universities Retirement System under subsection
10		(b-1) of Section 15-155 of this Code.
11		(g) The Commission on Government Forecasting and
12		Accountability shall conduct a study of all funds established
13		under this Article and shall report its findings to the
14		General Assembly on or before January 1, 2013. To the fullest
15		extent possible, the study shall include, but not be limited
16		to, the following:
17		(1) fund balances;
18		(2) historical employer contribution rates for each
19		fund;
20		(3) the actuarial formulas used as a basis for
21		employer contributions, including the actual assumed rate
22		of return for each year, for each fund;
23		(4) available contribution funding sources;
24		(5) the impact of any revenue limitations caused by
25		PTELL and employer home rule or non-home rule status; and
26		(6) existing statutory funding compliance procedures

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1		and funding enforcement mechanisms for all municipal
2		pension funds.
3		(Source: P.A. 101-522, eff. 8-23-19; 101-610, eff. 1-1-20;
4		revised 8-20-20.)
5		(40 ILCS 5/4-141) (from Ch. 108 1/2, par. 4-141)
6		Sec. 4-141. Referendum in municipalities less than 5,000.
7		This Article shall become effective in any municipality of
8		less than 5,000, population if the proposition to adopt the
9		Article is submitted to and approved by the voters of the
10		municipality in the manner herein provided.
11		Whenever the electors of the municipality equal in number
12		to 5% of the number of legal votes cast at the last preceding
13		general municipal election for mayor or president, as the case
14		may be, petition the corporate authorities of the municipality
15		to submit the proposition whether that municipality shall
16		adopt this Article, the municipal clerk shall certify the
17		proposition to the proper election official who shall submit
18		it to the electors in accordance with the general election law
19		at the next succeeding regular election in the municipality.
20		If the proposition is not adopted at that election, it may be
21		submitted in like manner at any regular election thereafter.
22		The proposition shall be substantially in the following
23		form:
24		-------------------------------------------------------------
25		Shall the city (or village or

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1		incorporated town as the case may be) YES
2		of.... adopt Article 4 of the
3		"Illinois Pension Code", ------------------
4		providing for a Firefighters' NO
5		Pension Fund and the levying
6		of an annual tax therefor?
7		-------------------------------------------------------------
8		If a majority of the votes cast on the proposition is for
9		the proposition, this Article is adopted in that municipality.
10		(Source: P.A. 83-1440; revised 7-17-19.)
11		(40 ILCS 5/14-125) (from Ch. 108 1/2, par. 14-125)
12		Sec. 14-125. Nonoccupational disability benefit; amount
13		benefit - Amount of. The nonoccupational disability benefit
14		shall be 50% of the member's final average compensation at the
15		time disability occurred. In the case of a member whose
16		benefit was resumed due to the same disability, the amount of
17		the benefit shall be the same as that last paid before
18		resumption of State employment. In the event that a temporary
19		disability benefit has been received, the nonoccupational
20		disability benefit shall be subject to adjustment by the Board
21		under Section 14-123.1.
22		If a covered employee is eligible for a disability benefit
23		before attaining the Social Security full retirement age or a
24		retirement benefit on or after attaining the Social Security
25		full retirement age under the federal Federal Social Security

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1		Act, the amount of the member's nonoccupational disability
2		benefit shall be reduced by the amount of primary benefit the
3		member would be eligible to receive under such Act, whether or
4		not entitlement thereto came about as the result of service as
5		a covered employee under this Article. The Board may make such
6		reduction if it appears that the employee may be so eligible
7		pending determination of eligibility and make an appropriate
8		adjustment if necessary after such determination. The amount
9		of any nonoccupational disability benefit payable under this
10		Article shall not be reduced by reason of any increase under
11		the federal Federal Social Security Act which occurs after the
12		offset required by this Section is first applied to that
13		benefit.
14		As used in this Section subsection, "Social Security full
15		retirement age" means the age at which an individual is
16		eligible to receive full Social Security retirement benefits.
17		(Source: P.A. 101-54, eff. 7-12-19; revised 8-13-19.)
18		(40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
19		Sec. 15-155. Employer contributions.
20		(a) The State of Illinois shall make contributions by
21		appropriations of amounts which, together with the other
22		employer contributions from trust, federal, and other funds,
23		employee contributions, income from investments, and other
24		income of this System, will be sufficient to meet the cost of
25		maintaining and administering the System on a 90% funded basis

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1		in accordance with actuarial recommendations.
2		The Board shall determine the amount of State
3		contributions required for each fiscal year on the basis of
4		the actuarial tables and other assumptions adopted by the
5		Board and the recommendations of the actuary, using the
6		formula in subsection (a-1).
7		(a-1) For State fiscal years 2012 through 2045, the
8		minimum contribution to the System to be made by the State for
9		each fiscal year shall be an amount determined by the System to
10		be sufficient to bring the total assets of the System up to 90%
11		of the total actuarial liabilities of the System by the end of
12		State fiscal year 2045. In making these determinations, the
13		required State contribution shall be calculated each year as a
14		level percentage of payroll over the years remaining to and
15		including fiscal year 2045 and shall be determined under the
16		projected unit credit actuarial cost method.
17		For each of State fiscal years 2018, 2019, and 2020, the
18		State shall make an additional contribution to the System
19		equal to 2% of the total payroll of each employee who is deemed
20		to have elected the benefits under Section 1-161 or who has
21		made the election under subsection (c) of Section 1-161.
22		A change in an actuarial or investment assumption that
23		increases or decreases the required State contribution and
24		first applies in State fiscal year 2018 or thereafter shall be
25		implemented in equal annual amounts over a 5-year period
26		beginning in the State fiscal year in which the actuarial

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1		change first applies to the required State contribution.
2		A change in an actuarial or investment assumption that
3		increases or decreases the required State contribution and
4		first applied to the State contribution in fiscal year 2014,
5		2015, 2016, or 2017 shall be implemented:
6		(i) as already applied in State fiscal years before
7		2018; and
8		(ii) in the portion of the 5-year period beginning in
9		the State fiscal year in which the actuarial change first
10		applied that occurs in State fiscal year 2018 or
11		thereafter, by calculating the change in equal annual
12		amounts over that 5-year period and then implementing it
13		at the resulting annual rate in each of the remaining
14		fiscal years in that 5-year period.
15		For State fiscal years 1996 through 2005, the State
16		contribution to the System, as a percentage of the applicable
17		employee payroll, shall be increased in equal annual
18		increments so that by State fiscal year 2011, the State is
19		contributing at the rate required under this Section.
20		Notwithstanding any other provision of this Article, the
21		total required State contribution for State fiscal year 2006
22		is $166,641,900.
23		Notwithstanding any other provision of this Article, the
24		total required State contribution for State fiscal year 2007
25		is $252,064,100.
26		For each of State fiscal years 2008 through 2009, the

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1		State contribution to the System, as a percentage of the
2		applicable employee payroll, shall be increased in equal
3		annual increments from the required State contribution for
4		State fiscal year 2007, so that by State fiscal year 2011, the
5		State is contributing at the rate otherwise required under
6		this Section.
7		Notwithstanding any other provision of this Article, the
8		total required State contribution for State fiscal year 2010
9		is $702,514,000 and shall be made from the State Pensions Fund
10		and proceeds of bonds sold in fiscal year 2010 pursuant to
11		Section 7.2 of the General Obligation Bond Act, less (i) the
12		pro rata share of bond sale expenses determined by the
13		System's share of total bond proceeds, (ii) any amounts
14		received from the General Revenue Fund in fiscal year 2010,
15		(iii) any reduction in bond proceeds due to the issuance of
16		discounted bonds, if applicable.
17		Notwithstanding any other provision of this Article, the
18		total required State contribution for State fiscal year 2011
19		is the amount recertified by the System on or before April 1,
20		2011 pursuant to Section 15-165 and shall be made from the
21		State Pensions Fund and proceeds of bonds sold in fiscal year
22		2011 pursuant to Section 7.2 of the General Obligation Bond
23		Act, less (i) the pro rata share of bond sale expenses
24		determined by the System's share of total bond proceeds, (ii)
25		any amounts received from the General Revenue Fund in fiscal
26		year 2011, and (iii) any reduction in bond proceeds due to the

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1		issuance of discounted bonds, if applicable.
2		Beginning in State fiscal year 2046, the minimum State
3		contribution for each fiscal year shall be the amount needed
4		to maintain the total assets of the System at 90% of the total
5		actuarial liabilities of the System.
6		Amounts received by the System pursuant to Section 25 of
7		the Budget Stabilization Act or Section 8.12 of the State
8		Finance Act in any fiscal year do not reduce and do not
9		constitute payment of any portion of the minimum State
10		contribution required under this Article in that fiscal year.
11		Such amounts shall not reduce, and shall not be included in the
12		calculation of, the required State contributions under this
13		Article in any future year until the System has reached a
14		funding ratio of at least 90%. A reference in this Article to
15		the "required State contribution" or any substantially similar
16		term does not include or apply to any amounts payable to the
17		System under Section 25 of the Budget Stabilization Act.
18		Notwithstanding any other provision of this Section, the
19		required State contribution for State fiscal year 2005 and for
20		fiscal year 2008 and each fiscal year thereafter, as
21		calculated under this Section and certified under Section
22		15-165, shall not exceed an amount equal to (i) the amount of
23		the required State contribution that would have been
24		calculated under this Section for that fiscal year if the
25		System had not received any payments under subsection (d) of
26		Section 7.2 of the General Obligation Bond Act, minus (ii) the

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1		portion of the State's total debt service payments for that
2		fiscal year on the bonds issued in fiscal year 2003 for the
3		purposes of that Section 7.2, as determined and certified by
4		the Comptroller, that is the same as the System's portion of
5		the total moneys distributed under subsection (d) of Section
6		7.2 of the General Obligation Bond Act. In determining this
7		maximum for State fiscal years 2008 through 2010, however, the
8		amount referred to in item (i) shall be increased, as a
9		percentage of the applicable employee payroll, in equal
10		increments calculated from the sum of the required State
11		contribution for State fiscal year 2007 plus the applicable
12		portion of the State's total debt service payments for fiscal
13		year 2007 on the bonds issued in fiscal year 2003 for the
14		purposes of Section 7.2 of the General Obligation Bond Act, so
15		that, by State fiscal year 2011, the State is contributing at
16		the rate otherwise required under this Section.
17		(a-2) Beginning in fiscal year 2018, each employer under
18		this Article shall pay to the System a required contribution
19		determined as a percentage of projected payroll and sufficient
20		to produce an annual amount equal to:
21		(i) for each of fiscal years 2018, 2019, and 2020, the
22		defined benefit normal cost of the defined benefit plan,
23		less the employee contribution, for each employee of that
24		employer who has elected or who is deemed to have elected
25		the benefits under Section 1-161 or who has made the
26		election under subsection (c) of Section 1-161; for fiscal

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1		year 2021 and each fiscal year thereafter, the defined
2		benefit normal cost of the defined benefit plan, less the
3		employee contribution, plus 2%, for each employee of that
4		employer who has elected or who is deemed to have elected
5		the benefits under Section 1-161 or who has made the
6		election under subsection (c) of Section 1-161; plus
7		(ii) the amount required for that fiscal year to
8		amortize any unfunded actuarial accrued liability
9		associated with the present value of liabilities
10		attributable to the employer's account under Section
11		15-155.2, determined as a level percentage of payroll over
12		a 30-year rolling amortization period.
13		In determining contributions required under item (i) of
14		this subsection, the System shall determine an aggregate rate
15		for all employers, expressed as a percentage of projected
16		payroll.
17		In determining the contributions required under item (ii)
18		of this subsection, the amount shall be computed by the System
19		on the basis of the actuarial assumptions and tables used in
20		the most recent actuarial valuation of the System that is
21		available at the time of the computation.
22		The contributions required under this subsection (a-2)
23		shall be paid by an employer concurrently with that employer's
24		payroll payment period. The State, as the actual employer of
25		an employee, shall make the required contributions under this
26		subsection.

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1		As used in this subsection, "academic year" means the
2		12-month period beginning September 1.
3		(b) If an employee is paid from trust or federal funds, the
4		employer shall pay to the Board contributions from those funds
5		which are sufficient to cover the accruing normal costs on
6		behalf of the employee. However, universities having employees
7		who are compensated out of local auxiliary funds, income
8		funds, or service enterprise funds are not required to pay
9		such contributions on behalf of those employees. The local
10		auxiliary funds, income funds, and service enterprise funds of
11		universities shall not be considered trust funds for the
12		purpose of this Article, but funds of alumni associations,
13		foundations, and athletic associations which are affiliated
14		with the universities included as employers under this Article
15		and other employers which do not receive State appropriations
16		are considered to be trust funds for the purpose of this
17		Article.
18		(b-1) The City of Urbana and the City of Champaign shall
19		each make employer contributions to this System for their
20		respective firefighter employees who participate in this
21		System pursuant to subsection (h) of Section 15-107. The rate
22		of contributions to be made by those municipalities shall be
23		determined annually by the Board on the basis of the actuarial
24		assumptions adopted by the Board and the recommendations of
25		the actuary, and shall be expressed as a percentage of salary
26		for each such employee. The Board shall certify the rate to the

SB2435 Enrolled - 649 - LRB102 04062 AMC 14078 b
1		affected municipalities as soon as may be practical. The
2		employer contributions required under this subsection shall be
3		remitted by the municipality to the System at the same time and
4		in the same manner as employee contributions.
5		(c) Through State fiscal year 1995: The total employer
6		contribution shall be apportioned among the various funds of
7		the State and other employers, whether trust, federal, or
8		other funds, in accordance with actuarial procedures approved
9		by the Board. State of Illinois contributions for employers
10		receiving State appropriations for personal services shall be
11		payable from appropriations made to the employers or to the
12		System. The contributions for Class I community colleges
13		covering earnings other than those paid from trust and federal
14		funds, shall be payable solely from appropriations to the
15		Illinois Community College Board or the System for employer
16		contributions.
17		(d) Beginning in State fiscal year 1996, the required
18		State contributions to the System shall be appropriated
19		directly to the System and shall be payable through vouchers
20		issued in accordance with subsection (c) of Section 15-165,
21		except as provided in subsection (g).
22		(e) The State Comptroller shall draw warrants payable to
23		the System upon proper certification by the System or by the
24		employer in accordance with the appropriation laws and this
25		Code.
26		(f) Normal costs under this Section means liability for

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1		pensions and other benefits which accrues to the System
2		because of the credits earned for service rendered by the
3		participants during the fiscal year and expenses of
4		administering the System, but shall not include the principal
5		of or any redemption premium or interest on any bonds issued by
6		the Board or any expenses incurred or deposits required in
7		connection therewith.
8		(g) If June 4, 2018 (Public Act 100-587) the amount of a
9		participant's earnings for any academic year used to determine
10		the final rate of earnings, determined on a full-time
11		equivalent basis, exceeds the amount of his or her earnings
12		with the same employer for the previous academic year,
13		determined on a full-time equivalent basis, by more than 6%,
14		the participant's employer shall pay to the System, in
15		addition to all other payments required under this Section and
16		in accordance with guidelines established by the System, the
17		present value of the increase in benefits resulting from the
18		portion of the increase in earnings that is in excess of 6%.
19		This present value shall be computed by the System on the basis
20		of the actuarial assumptions and tables used in the most
21		recent actuarial valuation of the System that is available at
22		the time of the computation. The System may require the
23		employer to provide any pertinent information or
24		documentation.
25		Whenever it determines that a payment is or may be
26		required under this subsection (g), the System shall calculate

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1		the amount of the payment and bill the employer for that
2		amount. The bill shall specify the calculations used to
3		determine the amount due. If the employer disputes the amount
4		of the bill, it may, within 30 days after receipt of the bill,
5		apply to the System in writing for a recalculation. The
6		application must specify in detail the grounds of the dispute
7		and, if the employer asserts that the calculation is subject
8		to subsection (h) or (i) of this Section, must include an
9		affidavit setting forth and attesting to all facts within the
10		employer's knowledge that are pertinent to the applicability
11		of that subsection. Upon receiving a timely application for
12		recalculation, the System shall review the application and, if
13		appropriate, recalculate the amount due.
14		The employer contributions required under this subsection
15		(g) may be paid in the form of a lump sum within 90 days after
16		receipt of the bill. If the employer contributions are not
17		paid within 90 days after receipt of the bill, then interest
18		will be charged at a rate equal to the System's annual
19		actuarially assumed rate of return on investment compounded
20		annually from the 91st day after receipt of the bill. Payments
21		must be concluded within 3 years after the employer's receipt
22		of the bill.
23		When assessing payment for any amount due under this
24		subsection (g), the System shall include earnings, to the
25		extent not established by a participant under Section
26		15-113.11 or 15-113.12, that would have been paid to the

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1		participant had the participant not taken (i) periods of
2		voluntary or involuntary furlough occurring on or after July
3		1, 2015 and on or before June 30, 2017 or (ii) periods of
4		voluntary pay reduction in lieu of furlough occurring on or
5		after July 1, 2015 and on or before June 30, 2017. Determining
6		earnings that would have been paid to a participant had the
7		participant not taken periods of voluntary or involuntary
8		furlough or periods of voluntary pay reduction shall be the
9		responsibility of the employer, and shall be reported in a
10		manner prescribed by the System.
11		This subsection (g) does not apply to (1) Tier 2 hybrid
12		plan members and (2) Tier 2 defined benefit members who first
13		participate under this Article on or after the implementation
14		date of the Optional Hybrid Plan.
15		(g-1) (Blank). June 4, 2018 (Public Act 100-587)
16		(h) This subsection (h) applies only to payments made or
17		salary increases given on or after June 1, 2005 but before July
18		1, 2011. The changes made by Public Act 94-1057 shall not
19		require the System to refund any payments received before July
20		31, 2006 (the effective date of Public Act 94-1057).
21		When assessing payment for any amount due under subsection
22		(g), the System shall exclude earnings increases paid to
23		participants under contracts or collective bargaining
24		agreements entered into, amended, or renewed before June 1,
25		2005.
26		When assessing payment for any amount due under subsection

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1		(g), the System shall exclude earnings increases paid to a
2		participant at a time when the participant is 10 or more years
3		from retirement eligibility under Section 15-135.
4		When assessing payment for any amount due under subsection
5		(g), the System shall exclude earnings increases resulting
6		from overload work, including a contract for summer teaching,
7		or overtime when the employer has certified to the System, and
8		the System has approved the certification, that: (i) in the
9		case of overloads (A) the overload work is for the sole purpose
10		of academic instruction in excess of the standard number of
11		instruction hours for a full-time employee occurring during
12		the academic year that the overload is paid and (B) the
13		earnings increases are equal to or less than the rate of pay
14		for academic instruction computed using the participant's
15		current salary rate and work schedule; and (ii) in the case of
16		overtime, the overtime was necessary for the educational
17		mission.
18		When assessing payment for any amount due under subsection
19		(g), the System shall exclude any earnings increase resulting
20		from (i) a promotion for which the employee moves from one
21		classification to a higher classification under the State
22		Universities Civil Service System, (ii) a promotion in
23		academic rank for a tenured or tenure-track faculty position,
24		or (iii) a promotion that the Illinois Community College Board
25		has recommended in accordance with subsection (k) of this
26		Section. These earnings increases shall be excluded only if

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1		the promotion is to a position that has existed and been filled
2		by a member for no less than one complete academic year and the
3		earnings increase as a result of the promotion is an increase
4		that results in an amount no greater than the average salary
5		paid for other similar positions.
6		(i) When assessing payment for any amount due under
7		subsection (g), the System shall exclude any salary increase
8		described in subsection (h) of this Section given on or after
9		July 1, 2011 but before July 1, 2014 under a contract or
10		collective bargaining agreement entered into, amended, or
11		renewed on or after June 1, 2005 but before July 1, 2011.
12		Notwithstanding any other provision of this Section, any
13		payments made or salary increases given after June 30, 2014
14		shall be used in assessing payment for any amount due under
15		subsection (g) of this Section.
16		(j) The System shall prepare a report and file copies of
17		the report with the Governor and the General Assembly by
18		January 1, 2007 that contains all of the following
19		information:
20		(1) The number of recalculations required by the
21		changes made to this Section by Public Act 94-1057 for
22		each employer.
23		(2) The dollar amount by which each employer's
24		contribution to the System was changed due to
25		recalculations required by Public Act 94-1057.
26		(3) The total amount the System received from each

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1		employer as a result of the changes made to this Section by
2		Public Act 94-4.
3		(4) The increase in the required State contribution
4		resulting from the changes made to this Section by Public
5		Act 94-1057.
6		(j-5) For State fiscal years beginning on or after July 1,
7		2017, if the amount of a participant's earnings for any State
8		fiscal year exceeds the amount of the salary set by law for the
9		Governor that is in effect on July 1 of that fiscal year, the
10		participant's employer shall pay to the System, in addition to
11		all other payments required under this Section and in
12		accordance with guidelines established by the System, an
13		amount determined by the System to be equal to the employer
14		normal cost, as established by the System and expressed as a
15		total percentage of payroll, multiplied by the amount of
16		earnings in excess of the amount of the salary set by law for
17		the Governor. This amount shall be computed by the System on
18		the basis of the actuarial assumptions and tables used in the
19		most recent actuarial valuation of the System that is
20		available at the time of the computation. The System may
21		require the employer to provide any pertinent information or
22		documentation.
23		Whenever it determines that a payment is or may be
24		required under this subsection, the System shall calculate the
25		amount of the payment and bill the employer for that amount.
26		The bill shall specify the calculation used to determine the

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1		amount due. If the employer disputes the amount of the bill, it
2		may, within 30 days after receipt of the bill, apply to the
3		System in writing for a recalculation. The application must
4		specify in detail the grounds of the dispute. Upon receiving a
5		timely application for recalculation, the System shall review
6		the application and, if appropriate, recalculate the amount
7		due.
8		The employer contributions required under this subsection
9		may be paid in the form of a lump sum within 90 days after
10		issuance of the bill. If the employer contributions are not
11		paid within 90 days after issuance of the bill, then interest
12		will be charged at a rate equal to the System's annual
13		actuarially assumed rate of return on investment compounded
14		annually from the 91st day after issuance of the bill. All
15		payments must be received within 3 years after issuance of the
16		bill. If the employer fails to make complete payment,
17		including applicable interest, within 3 years, then the System
18		may, after giving notice to the employer, certify the
19		delinquent amount to the State Comptroller, and the
20		Comptroller shall thereupon deduct the certified delinquent
21		amount from State funds payable to the employer and pay them
22		instead to the System.
23		This subsection (j-5) does not apply to a participant's
24		earnings to the extent an employer pays the employer normal
25		cost of such earnings.
26		The changes made to this subsection (j-5) by Public Act

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1		100-624 are intended to apply retroactively to July 6, 2017
2		(the effective date of Public Act 100-23).
3		(k) The Illinois Community College Board shall adopt rules
4		for recommending lists of promotional positions submitted to
5		the Board by community colleges and for reviewing the
6		promotional lists on an annual basis. When recommending
7		promotional lists, the Board shall consider the similarity of
8		the positions submitted to those positions recognized for
9		State universities by the State Universities Civil Service
10		System. The Illinois Community College Board shall file a copy
11		of its findings with the System. The System shall consider the
12		findings of the Illinois Community College Board when making
13		determinations under this Section. The System shall not
14		exclude any earnings increases resulting from a promotion when
15		the promotion was not submitted by a community college.
16		Nothing in this subsection (k) shall require any community
17		college to submit any information to the Community College
18		Board.
19		(l) For purposes of determining the required State
20		contribution to the System, the value of the System's assets
21		shall be equal to the actuarial value of the System's assets,
22		which shall be calculated as follows:
23		As of June 30, 2008, the actuarial value of the System's
24		assets shall be equal to the market value of the assets as of
25		that date. In determining the actuarial value of the System's
26		assets for fiscal years after June 30, 2008, any actuarial

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1		gains or losses from investment return incurred in a fiscal
2		year shall be recognized in equal annual amounts over the
3		5-year period following that fiscal year.
4		(m) For purposes of determining the required State
5		contribution to the system for a particular year, the
6		actuarial value of assets shall be assumed to earn a rate of
7		return equal to the system's actuarially assumed rate of
8		return.
9		(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
10		100-624, eff. 7-20-18; 101-10, eff. 6-5-19; 101-81, eff.
11		7-12-19; revised 8-6-19.)
12		(40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)
13		Sec. 16-158. Contributions by State and other employing
14		units.
15		(a) The State shall make contributions to the System by
16		means of appropriations from the Common School Fund and other
17		State funds of amounts which, together with other employer
18		contributions, employee contributions, investment income, and
19		other income, will be sufficient to meet the cost of
20		maintaining and administering the System on a 90% funded basis
21		in accordance with actuarial recommendations.
22		The Board shall determine the amount of State
23		contributions required for each fiscal year on the basis of
24		the actuarial tables and other assumptions adopted by the
25		Board and the recommendations of the actuary, using the

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1		formula in subsection (b-3).
2		(a-1) Annually, on or before November 15 until November
3		15, 2011, the Board shall certify to the Governor the amount of
4		the required State contribution for the coming fiscal year.
5		The certification under this subsection (a-1) shall include a
6		copy of the actuarial recommendations upon which it is based
7		and shall specifically identify the System's projected State
8		normal cost for that fiscal year.
9		On or before May 1, 2004, the Board shall recalculate and
10		recertify to the Governor the amount of the required State
11		contribution to the System for State fiscal year 2005, taking
12		into account the amounts appropriated to and received by the
13		System under subsection (d) of Section 7.2 of the General
14		Obligation Bond Act.
15		On or before July 1, 2005, the Board shall recalculate and
16		recertify to the Governor the amount of the required State
17		contribution to the System for State fiscal year 2006, taking
18		into account the changes in required State contributions made
19		by Public Act 94-4.
20		On or before April 1, 2011, the Board shall recalculate
21		and recertify to the Governor the amount of the required State
22		contribution to the System for State fiscal year 2011,
23		applying the changes made by Public Act 96-889 to the System's
24		assets and liabilities as of June 30, 2009 as though Public Act
25		96-889 was approved on that date.
26		(a-5) On or before November 1 of each year, beginning

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1		November 1, 2012, the Board shall submit to the State Actuary,
2		the Governor, and the General Assembly a proposed
3		certification of the amount of the required State contribution
4		to the System for the next fiscal year, along with all of the
5		actuarial assumptions, calculations, and data upon which that
6		proposed certification is based. On or before January 1 of
7		each year, beginning January 1, 2013, the State Actuary shall
8		issue a preliminary report concerning the proposed
9		certification and identifying, if necessary, recommended
10		changes in actuarial assumptions that the Board must consider
11		before finalizing its certification of the required State
12		contributions. On or before January 15, 2013 and each January
13		15 thereafter, the Board shall certify to the Governor and the
14		General Assembly the amount of the required State contribution
15		for the next fiscal year. The Board's certification must note
16		any deviations from the State Actuary's recommended changes,
17		the reason or reasons for not following the State Actuary's
18		recommended changes, and the fiscal impact of not following
19		the State Actuary's recommended changes on the required State
20		contribution.
21		(a-10) By November 1, 2017, the Board shall recalculate
22		and recertify to the State Actuary, the Governor, and the
23		General Assembly the amount of the State contribution to the
24		System for State fiscal year 2018, taking into account the
25		changes in required State contributions made by Public Act
26		100-23. The State Actuary shall review the assumptions and

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1		valuations underlying the Board's revised certification and
2		issue a preliminary report concerning the proposed
3		recertification and identifying, if necessary, recommended
4		changes in actuarial assumptions that the Board must consider
5		before finalizing its certification of the required State
6		contributions. The Board's final certification must note any
7		deviations from the State Actuary's recommended changes, the
8		reason or reasons for not following the State Actuary's
9		recommended changes, and the fiscal impact of not following
10		the State Actuary's recommended changes on the required State
11		contribution.
12		(a-15) On or after June 15, 2019, but no later than June
13		30, 2019, the Board shall recalculate and recertify to the
14		Governor and the General Assembly the amount of the State
15		contribution to the System for State fiscal year 2019, taking
16		into account the changes in required State contributions made
17		by Public Act 100-587. The recalculation shall be made using
18		assumptions adopted by the Board for the original fiscal year
19		2019 certification. The monthly voucher for the 12th month of
20		fiscal year 2019 shall be paid by the Comptroller after the
21		recertification required pursuant to this subsection is
22		submitted to the Governor, Comptroller, and General Assembly.
23		The recertification submitted to the General Assembly shall be
24		filed with the Clerk of the House of Representatives and the
25		Secretary of the Senate in electronic form only, in the manner
26		that the Clerk and the Secretary shall direct.

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1		(b) Through State fiscal year 1995, the State
2		contributions shall be paid to the System in accordance with
3		Section 18-7 of the School Code.
4		(b-1) Beginning in State fiscal year 1996, on the 15th day
5		of each month, or as soon thereafter as may be practicable, the
6		Board shall submit vouchers for payment of State contributions
7		to the System, in a total monthly amount of one-twelfth of the
8		required annual State contribution certified under subsection
9		(a-1). From March 5, 2004 (the effective date of Public Act
10		93-665) through June 30, 2004, the Board shall not submit
11		vouchers for the remainder of fiscal year 2004 in excess of the
12		fiscal year 2004 certified contribution amount determined
13		under this Section after taking into consideration the
14		transfer to the System under subsection (a) of Section 6z-61
15		of the State Finance Act. These vouchers shall be paid by the
16		State Comptroller and Treasurer by warrants drawn on the funds
17		appropriated to the System for that fiscal year.
18		If in any month the amount remaining unexpended from all
19		other appropriations to the System for the applicable fiscal
20		year (including the appropriations to the System under Section
21		8.12 of the State Finance Act and Section 1 of the State
22		Pension Funds Continuing Appropriation Act) is less than the
23		amount lawfully vouchered under this subsection, the
24		difference shall be paid from the Common School Fund under the
25		continuing appropriation authority provided in Section 1.1 of
26		the State Pension Funds Continuing Appropriation Act.

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1		(b-2) Allocations from the Common School Fund apportioned
2		to school districts not coming under this System shall not be
3		diminished or affected by the provisions of this Article.
4		(b-3) For State fiscal years 2012 through 2045, the
5		minimum contribution to the System to be made by the State for
6		each fiscal year shall be an amount determined by the System to
7		be sufficient to bring the total assets of the System up to 90%
8		of the total actuarial liabilities of the System by the end of
9		State fiscal year 2045. In making these determinations, the
10		required State contribution shall be calculated each year as a
11		level percentage of payroll over the years remaining to and
12		including fiscal year 2045 and shall be determined under the
13		projected unit credit actuarial cost method.
14		For each of State fiscal years 2018, 2019, and 2020, the
15		State shall make an additional contribution to the System
16		equal to 2% of the total payroll of each employee who is deemed
17		to have elected the benefits under Section 1-161 or who has
18		made the election under subsection (c) of Section 1-161.
19		A change in an actuarial or investment assumption that
20		increases or decreases the required State contribution and
21		first applies in State fiscal year 2018 or thereafter shall be
22		implemented in equal annual amounts over a 5-year period
23		beginning in the State fiscal year in which the actuarial
24		change first applies to the required State contribution.
25		A change in an actuarial or investment assumption that
26		increases or decreases the required State contribution and

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1		first applied to the State contribution in fiscal year 2014,
2		2015, 2016, or 2017 shall be implemented:
3		(i) as already applied in State fiscal years before
4		2018; and
5		(ii) in the portion of the 5-year period beginning in
6		the State fiscal year in which the actuarial change first
7		applied that occurs in State fiscal year 2018 or
8		thereafter, by calculating the change in equal annual
9		amounts over that 5-year period and then implementing it
10		at the resulting annual rate in each of the remaining
11		fiscal years in that 5-year period.
12		For State fiscal years 1996 through 2005, the State
13		contribution to the System, as a percentage of the applicable
14		employee payroll, shall be increased in equal annual
15		increments so that by State fiscal year 2011, the State is
16		contributing at the rate required under this Section; except
17		that in the following specified State fiscal years, the State
18		contribution to the System shall not be less than the
19		following indicated percentages of the applicable employee
20		payroll, even if the indicated percentage will produce a State
21		contribution in excess of the amount otherwise required under
22		this subsection and subsection (a), and notwithstanding any
23		contrary certification made under subsection (a-1) before May
24		27, 1998 (the effective date of Public Act 90-582): 10.02% in
25		FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY
26		2002; 12.86% in FY 2003; and 13.56% in FY 2004.

SB2435 Enrolled - 665 - LRB102 04062 AMC 14078 b
1		Notwithstanding any other provision of this Article, the
2		total required State contribution for State fiscal year 2006
3		is $534,627,700.
4		Notwithstanding any other provision of this Article, the
5		total required State contribution for State fiscal year 2007
6		is $738,014,500.
7		For each of State fiscal years 2008 through 2009, the
8		State contribution to the System, as a percentage of the
9		applicable employee payroll, shall be increased in equal
10		annual increments from the required State contribution for
11		State fiscal year 2007, so that by State fiscal year 2011, the
12		State is contributing at the rate otherwise required under
13		this Section.
14		Notwithstanding any other provision of this Article, the
15		total required State contribution for State fiscal year 2010
16		is $2,089,268,000 and shall be made from the proceeds of bonds
17		sold in fiscal year 2010 pursuant to Section 7.2 of the General
18		Obligation Bond Act, less (i) the pro rata share of bond sale
19		expenses determined by the System's share of total bond
20		proceeds, (ii) any amounts received from the Common School
21		Fund in fiscal year 2010, and (iii) any reduction in bond
22		proceeds due to the issuance of discounted bonds, if
23		applicable.
24		Notwithstanding any other provision of this Article, the
25		total required State contribution for State fiscal year 2011
26		is the amount recertified by the System on or before April 1,

SB2435 Enrolled - 666 - LRB102 04062 AMC 14078 b
1		2011 pursuant to subsection (a-1) of this Section and shall be
2		made from the proceeds of bonds sold in fiscal year 2011
3		pursuant to Section 7.2 of the General Obligation Bond Act,
4		less (i) the pro rata share of bond sale expenses determined by
5		the System's share of total bond proceeds, (ii) any amounts
6		received from the Common School Fund in fiscal year 2011, and
7		(iii) any reduction in bond proceeds due to the issuance of
8		discounted bonds, if applicable. This amount shall include, in
9		addition to the amount certified by the System, an amount
10		necessary to meet employer contributions required by the State
11		as an employer under paragraph (e) of this Section, which may
12		also be used by the System for contributions required by
13		paragraph (a) of Section 16-127.
14		Beginning in State fiscal year 2046, the minimum State
15		contribution for each fiscal year shall be the amount needed
16		to maintain the total assets of the System at 90% of the total
17		actuarial liabilities of the System.
18		Amounts received by the System pursuant to Section 25 of
19		the Budget Stabilization Act or Section 8.12 of the State
20		Finance Act in any fiscal year do not reduce and do not
21		constitute payment of any portion of the minimum State
22		contribution required under this Article in that fiscal year.
23		Such amounts shall not reduce, and shall not be included in the
24		calculation of, the required State contributions under this
25		Article in any future year until the System has reached a
26		funding ratio of at least 90%. A reference in this Article to

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1		the "required State contribution" or any substantially similar
2		term does not include or apply to any amounts payable to the
3		System under Section 25 of the Budget Stabilization Act.
4		Notwithstanding any other provision of this Section, the
5		required State contribution for State fiscal year 2005 and for
6		fiscal year 2008 and each fiscal year thereafter, as
7		calculated under this Section and certified under subsection
8		(a-1), shall not exceed an amount equal to (i) the amount of
9		the required State contribution that would have been
10		calculated under this Section for that fiscal year if the
11		System had not received any payments under subsection (d) of
12		Section 7.2 of the General Obligation Bond Act, minus (ii) the
13		portion of the State's total debt service payments for that
14		fiscal year on the bonds issued in fiscal year 2003 for the
15		purposes of that Section 7.2, as determined and certified by
16		the Comptroller, that is the same as the System's portion of
17		the total moneys distributed under subsection (d) of Section
18		7.2 of the General Obligation Bond Act. In determining this
19		maximum for State fiscal years 2008 through 2010, however, the
20		amount referred to in item (i) shall be increased, as a
21		percentage of the applicable employee payroll, in equal
22		increments calculated from the sum of the required State
23		contribution for State fiscal year 2007 plus the applicable
24		portion of the State's total debt service payments for fiscal
25		year 2007 on the bonds issued in fiscal year 2003 for the
26		purposes of Section 7.2 of the General Obligation Bond Act, so

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1		that, by State fiscal year 2011, the State is contributing at
2		the rate otherwise required under this Section.
3		(b-4) Beginning in fiscal year 2018, each employer under
4		this Article shall pay to the System a required contribution
5		determined as a percentage of projected payroll and sufficient
6		to produce an annual amount equal to:
7		(i) for each of fiscal years 2018, 2019, and 2020, the
8		defined benefit normal cost of the defined benefit plan,
9		less the employee contribution, for each employee of that
10		employer who has elected or who is deemed to have elected
11		the benefits under Section 1-161 or who has made the
12		election under subsection (b) of Section 1-161; for fiscal
13		year 2021 and each fiscal year thereafter, the defined
14		benefit normal cost of the defined benefit plan, less the
15		employee contribution, plus 2%, for each employee of that
16		employer who has elected or who is deemed to have elected
17		the benefits under Section 1-161 or who has made the
18		election under subsection (b) of Section 1-161; plus
19		(ii) the amount required for that fiscal year to
20		amortize any unfunded actuarial accrued liability
21		associated with the present value of liabilities
22		attributable to the employer's account under Section
23		16-158.3, determined as a level percentage of payroll over
24		a 30-year rolling amortization period.
25		In determining contributions required under item (i) of
26		this subsection, the System shall determine an aggregate rate

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1		for all employers, expressed as a percentage of projected
2		payroll.
3		In determining the contributions required under item (ii)
4		of this subsection, the amount shall be computed by the System
5		on the basis of the actuarial assumptions and tables used in
6		the most recent actuarial valuation of the System that is
7		available at the time of the computation.
8		The contributions required under this subsection (b-4)
9		shall be paid by an employer concurrently with that employer's
10		payroll payment period. The State, as the actual employer of
11		an employee, shall make the required contributions under this
12		subsection.
13		(c) Payment of the required State contributions and of all
14		pensions, retirement annuities, death benefits, refunds, and
15		other benefits granted under or assumed by this System, and
16		all expenses in connection with the administration and
17		operation thereof, are obligations of the State.
18		If members are paid from special trust or federal funds
19		which are administered by the employing unit, whether school
20		district or other unit, the employing unit shall pay to the
21		System from such funds the full accruing retirement costs
22		based upon that service, which, beginning July 1, 2017, shall
23		be at a rate, expressed as a percentage of salary, equal to the
24		total employer's normal cost, expressed as a percentage of
25		payroll, as determined by the System. Employer contributions,
26		based on salary paid to members from federal funds, may be

SB2435 Enrolled - 670 - LRB102 04062 AMC 14078 b
1		forwarded by the distributing agency of the State of Illinois
2		to the System prior to allocation, in an amount determined in
3		accordance with guidelines established by such agency and the
4		System. Any contribution for fiscal year 2015 collected as a
5		result of the change made by Public Act 98-674 shall be
6		considered a State contribution under subsection (b-3) of this
7		Section.
8		(d) Effective July 1, 1986, any employer of a teacher as
9		defined in paragraph (8) of Section 16-106 shall pay the
10		employer's normal cost of benefits based upon the teacher's
11		service, in addition to employee contributions, as determined
12		by the System. Such employer contributions shall be forwarded
13		monthly in accordance with guidelines established by the
14		System.
15		However, with respect to benefits granted under Section
16		16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
17		of Section 16-106, the employer's contribution shall be 12%
18		(rather than 20%) of the member's highest annual salary rate
19		for each year of creditable service granted, and the employer
20		shall also pay the required employee contribution on behalf of
21		the teacher. For the purposes of Sections 16-133.4 and
22		16-133.5, a teacher as defined in paragraph (8) of Section
23		16-106 who is serving in that capacity while on leave of
24		absence from another employer under this Article shall not be
25		considered an employee of the employer from which the teacher
26		is on leave.

SB2435 Enrolled - 671 - LRB102 04062 AMC 14078 b
1		(e) Beginning July 1, 1998, every employer of a teacher
2		shall pay to the System an employer contribution computed as
3		follows:
4		(1) Beginning July 1, 1998 through June 30, 1999, the
5		employer contribution shall be equal to 0.3% of each
6		teacher's salary.
7		(2) Beginning July 1, 1999 and thereafter, the
8		employer contribution shall be equal to 0.58% of each
9		teacher's salary.
10		The school district or other employing unit may pay these
11		employer contributions out of any source of funding available
12		for that purpose and shall forward the contributions to the
13		System on the schedule established for the payment of member
14		contributions.
15		These employer contributions are intended to offset a
16		portion of the cost to the System of the increases in
17		retirement benefits resulting from Public Act 90-582.
18		Each employer of teachers is entitled to a credit against
19		the contributions required under this subsection (e) with
20		respect to salaries paid to teachers for the period January 1,
21		2002 through June 30, 2003, equal to the amount paid by that
22		employer under subsection (a-5) of Section 6.6 of the State
23		Employees Group Insurance Act of 1971 with respect to salaries
24		paid to teachers for that period.
25		The additional 1% employee contribution required under
26		Section 16-152 by Public Act 90-582 is the responsibility of

SB2435 Enrolled - 672 - LRB102 04062 AMC 14078 b
1		the teacher and not the teacher's employer, unless the
2		employer agrees, through collective bargaining or otherwise,
3		to make the contribution on behalf of the teacher.
4		If an employer is required by a contract in effect on May
5		1, 1998 between the employer and an employee organization to
6		pay, on behalf of all its full-time employees covered by this
7		Article, all mandatory employee contributions required under
8		this Article, then the employer shall be excused from paying
9		the employer contribution required under this subsection (e)
10		for the balance of the term of that contract. The employer and
11		the employee organization shall jointly certify to the System
12		the existence of the contractual requirement, in such form as
13		the System may prescribe. This exclusion shall cease upon the
14		termination, extension, or renewal of the contract at any time
15		after May 1, 1998.
16		(f) If June 4, 2018 (Public Act 100-587) the amount of a
17		teacher's salary for any school year used to determine final
18		average salary exceeds the member's annual full-time salary
19		rate with the same employer for the previous school year by
20		more than 6%, the teacher's employer shall pay to the System,
21		in addition to all other payments required under this Section
22		and in accordance with guidelines established by the System,
23		the present value of the increase in benefits resulting from
24		the portion of the increase in salary that is in excess of 6%.
25		This present value shall be computed by the System on the basis
26		of the actuarial assumptions and tables used in the most

SB2435 Enrolled - 673 - LRB102 04062 AMC 14078 b
1		recent actuarial valuation of the System that is available at
2		the time of the computation. If a teacher's salary for the
3		2005-2006 school year is used to determine final average
4		salary under this subsection (f), then the changes made to
5		this subsection (f) by Public Act 94-1057 shall apply in
6		calculating whether the increase in his or her salary is in
7		excess of 6%. For the purposes of this Section, change in
8		employment under Section 10-21.12 of the School Code on or
9		after June 1, 2005 shall constitute a change in employer. The
10		System may require the employer to provide any pertinent
11		information or documentation. The changes made to this
12		subsection (f) by Public Act 94-1111 apply without regard to
13		whether the teacher was in service on or after its effective
14		date.
15		Whenever it determines that a payment is or may be
16		required under this subsection, the System shall calculate the
17		amount of the payment and bill the employer for that amount.
18		The bill shall specify the calculations used to determine the
19		amount due. If the employer disputes the amount of the bill, it
20		may, within 30 days after receipt of the bill, apply to the
21		System in writing for a recalculation. The application must
22		specify in detail the grounds of the dispute and, if the
23		employer asserts that the calculation is subject to subsection
24		(g) or (h) of this Section, must include an affidavit setting
25		forth and attesting to all facts within the employer's
26		knowledge that are pertinent to the applicability of that

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1		subsection. Upon receiving a timely application for
2		recalculation, the System shall review the application and, if
3		appropriate, recalculate the amount due.
4		The employer contributions required under this subsection
5		(f) may be paid in the form of a lump sum within 90 days after
6		receipt of the bill. If the employer contributions are not
7		paid within 90 days after receipt of the bill, then interest
8		will be charged at a rate equal to the System's annual
9		actuarially assumed rate of return on investment compounded
10		annually from the 91st day after receipt of the bill. Payments
11		must be concluded within 3 years after the employer's receipt
12		of the bill.
13		(f-1) (Blank). June 4, 2018 (Public Act 100-587)
14		(g) This subsection (g) applies only to payments made or
15		salary increases given on or after June 1, 2005 but before July
16		1, 2011. The changes made by Public Act 94-1057 shall not
17		require the System to refund any payments received before July
18		31, 2006 (the effective date of Public Act 94-1057).
19		When assessing payment for any amount due under subsection
20		(f), the System shall exclude salary increases paid to
21		teachers under contracts or collective bargaining agreements
22		entered into, amended, or renewed before June 1, 2005.
23		When assessing payment for any amount due under subsection
24		(f), the System shall exclude salary increases paid to a
25		teacher at a time when the teacher is 10 or more years from
26		retirement eligibility under Section 16-132 or 16-133.2.

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1		When assessing payment for any amount due under subsection
2		(f), the System shall exclude salary increases resulting from
3		overload work, including summer school, when the school
4		district has certified to the System, and the System has
5		approved the certification, that (i) the overload work is for
6		the sole purpose of classroom instruction in excess of the
7		standard number of classes for a full-time teacher in a school
8		district during a school year and (ii) the salary increases
9		are equal to or less than the rate of pay for classroom
10		instruction computed on the teacher's current salary and work
11		schedule.
12		When assessing payment for any amount due under subsection
13		(f), the System shall exclude a salary increase resulting from
14		a promotion (i) for which the employee is required to hold a
15		certificate or supervisory endorsement issued by the State
16		Teacher Certification Board that is a different certification
17		or supervisory endorsement than is required for the teacher's
18		previous position and (ii) to a position that has existed and
19		been filled by a member for no less than one complete academic
20		year and the salary increase from the promotion is an increase
21		that results in an amount no greater than the lesser of the
22		average salary paid for other similar positions in the
23		district requiring the same certification or the amount
24		stipulated in the collective bargaining agreement for a
25		similar position requiring the same certification.
26		When assessing payment for any amount due under subsection

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1		(f), the System shall exclude any payment to the teacher from
2		the State of Illinois or the State Board of Education over
3		which the employer does not have discretion, notwithstanding
4		that the payment is included in the computation of final
5		average salary.
6		(h) When assessing payment for any amount due under
7		subsection (f), the System shall exclude any salary increase
8		described in subsection (g) of this Section given on or after
9		July 1, 2011 but before July 1, 2014 under a contract or
10		collective bargaining agreement entered into, amended, or
11		renewed on or after June 1, 2005 but before July 1, 2011.
12		Notwithstanding any other provision of this Section, any
13		payments made or salary increases given after June 30, 2014
14		shall be used in assessing payment for any amount due under
15		subsection (f) of this Section.
16		(i) The System shall prepare a report and file copies of
17		the report with the Governor and the General Assembly by
18		January 1, 2007 that contains all of the following
19		information:
20		(1) The number of recalculations required by the
21		changes made to this Section by Public Act 94-1057 for
22		each employer.
23		(2) The dollar amount by which each employer's
24		contribution to the System was changed due to
25		recalculations required by Public Act 94-1057.
26		(3) The total amount the System received from each

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1		employer as a result of the changes made to this Section by
2		Public Act 94-4.
3		(4) The increase in the required State contribution
4		resulting from the changes made to this Section by Public
5		Act 94-1057.
6		(i-5) For school years beginning on or after July 1, 2017,
7		if the amount of a participant's salary for any school year
8		exceeds the amount of the salary set for the Governor, the
9		participant's employer shall pay to the System, in addition to
10		all other payments required under this Section and in
11		accordance with guidelines established by the System, an
12		amount determined by the System to be equal to the employer
13		normal cost, as established by the System and expressed as a
14		total percentage of payroll, multiplied by the amount of
15		salary in excess of the amount of the salary set for the
16		Governor. This amount shall be computed by the System on the
17		basis of the actuarial assumptions and tables used in the most
18		recent actuarial valuation of the System that is available at
19		the time of the computation. The System may require the
20		employer to provide any pertinent information or
21		documentation.
22		Whenever it determines that a payment is or may be
23		required under this subsection, the System shall calculate the
24		amount of the payment and bill the employer for that amount.
25		The bill shall specify the calculations used to determine the
26		amount due. If the employer disputes the amount of the bill, it

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1		may, within 30 days after receipt of the bill, apply to the
2		System in writing for a recalculation. The application must
3		specify in detail the grounds of the dispute. Upon receiving a
4		timely application for recalculation, the System shall review
5		the application and, if appropriate, recalculate the amount
6		due.
7		The employer contributions required under this subsection
8		may be paid in the form of a lump sum within 90 days after
9		receipt of the bill. If the employer contributions are not
10		paid within 90 days after receipt of the bill, then interest
11		will be charged at a rate equal to the System's annual
12		actuarially assumed rate of return on investment compounded
13		annually from the 91st day after receipt of the bill. Payments
14		must be concluded within 3 years after the employer's receipt
15		of the bill.
16		(j) For purposes of determining the required State
17		contribution to the System, the value of the System's assets
18		shall be equal to the actuarial value of the System's assets,
19		which shall be calculated as follows:
20		As of June 30, 2008, the actuarial value of the System's
21		assets shall be equal to the market value of the assets as of
22		that date. In determining the actuarial value of the System's
23		assets for fiscal years after June 30, 2008, any actuarial
24		gains or losses from investment return incurred in a fiscal
25		year shall be recognized in equal annual amounts over the
26		5-year period following that fiscal year.

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1		(k) For purposes of determining the required State
2		contribution to the system for a particular year, the
3		actuarial value of assets shall be assumed to earn a rate of
4		return equal to the system's actuarially assumed rate of
5		return.
6		(Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17;
7		100-587, eff. 6-4-18; 100-624, eff. 7-20-18; 100-863, eff.
8		8-14-18; 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; revised
9		8-13-19.)
10		(40 ILCS 5/16-190.5)
11		Sec. 16-190.5. Accelerated pension benefit payment in lieu
12		of any pension benefit.
13		(a) As used in this Section:
14		"Eligible person" means a person who:
15		(1) has terminated service;
16		(2) has accrued sufficient service credit to be
17		eligible to receive a retirement annuity under this
18		Article;
19		(3) has not received any retirement annuity under this
20		Article; and
21		(4) has not made the election under Section 16-190.6.
22		"Pension benefit" means the benefits under this Article,
23		or Article 1 as it relates to those benefits, including any
24		anticipated annual increases, that an eligible person is
25		entitled to upon attainment of the applicable retirement age.

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1		"Pension benefit" also includes applicable survivor's or
2		disability benefits.
3		(b) As soon as practical after June 4, 2018 (the effective
4		date of Public Act 100-587), the System shall calculate, using
5		actuarial tables and other assumptions adopted by the Board,
6		the present value of pension benefits for each eligible person
7		who requests that information and shall offer each eligible
8		person the opportunity to irrevocably elect to receive an
9		amount determined by the System to be equal to 60% of the
10		present value of his or her pension benefits in lieu of
11		receiving any pension benefit. The offer shall specify the
12		dollar amount that the eligible person will receive if he or
13		she so elects and shall expire when a subsequent offer is made
14		to an eligible person. The System shall make a good faith
15		effort to contact every eligible person to notify him or her of
16		the election.
17		Until June 30, 2024, an eligible person may irrevocably
18		elect to receive an accelerated pension benefit payment in the
19		amount that the System offers under this subsection in lieu of
20		receiving any pension benefit. A person who elects to receive
21		an accelerated pension benefit payment under this Section may
22		not elect to proceed under the Retirement Systems Reciprocal
23		Act with respect to service under this Article.
24		(c) A person's creditable service under this Article shall
25		be terminated upon the person's receipt of an accelerated
26		pension benefit payment under this Section, and no other

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1		benefit shall be paid under this Article based on the
2		terminated creditable service, including any retirement,
3		survivor, or other benefit; except that to the extent that
4		participation, benefits, or premiums under the State Employees
5		Group Insurance Act of 1971 are based on the amount of service
6		credit, the terminated service credit shall be used for that
7		purpose.
8		(d) If a person who has received an accelerated pension
9		benefit payment under this Section returns to active service
10		under this Article, then:
11		(1) Any benefits under the System earned as a result
12		of that return to active service shall be based solely on
13		the person's creditable service arising from the return to
14		active service.
15		(2) The accelerated pension benefit payment may not be
16		repaid to the System, and the terminated creditable
17		service may not under any circumstances be reinstated.
18		(e) As a condition of receiving an accelerated pension
19		benefit payment, the accelerated pension benefit payment must
20		be transferred into a tax qualified retirement plan or
21		account. The accelerated pension benefit payment under this
22		Section may be subject to withholding or payment of applicable
23		taxes, but to the extent permitted by federal law, a person who
24		receives an accelerated pension benefit payment under this
25		Section must direct the System to pay all of that payment as a
26		rollover into another retirement plan or account qualified

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1		under the Internal Revenue Code of 1986, as amended.
2		(f) Upon receipt of a member's irrevocable election to
3		receive an accelerated pension benefit payment under this
4		Section, the System shall submit a voucher to the Comptroller
5		for payment of the member's accelerated pension benefit
6		payment. The Comptroller shall transfer the amount of the
7		voucher from the State Pension Obligation Acceleration Bond
8		Fund to the System, and the System shall transfer the amount
9		into the member's eligible retirement plan or qualified
10		account.
11		(g) The Board shall adopt any rules, including emergency
12		rules, necessary to implement this Section.
13		(h) No provision of Public Act 100-587 this amendatory Act
14		of the 100th General Assembly shall be interpreted in a way
15		that would cause the applicable System to cease to be a
16		qualified plan under the Internal Revenue Code of 1986.
17		(Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19;
18		revised 9-20-19.)
19		(40 ILCS 5/16-203)
20		Sec. 16-203. Application and expiration of new benefit
21		increases.
22		(a) As used in this Section, "new benefit increase" means
23		an increase in the amount of any benefit provided under this
24		Article, or an expansion of the conditions of eligibility for
25		any benefit under this Article, that results from an amendment

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1		to this Code that takes effect after June 1, 2005 (the
2		effective date of Public Act 94-4). "New benefit increase",
3		however, does not include any benefit increase resulting from
4		the changes made to Article 1 or this Article by Public Act
5		95-910, Public Act 100-23, Public Act 100-587, Public Act
6		100-743, or Public Act 100-769, Public Act 101-10, or Public
7		Act 101-49 or this amendatory Act of the 101st General
8		Assembly.
9		(b) Notwithstanding any other provision of this Code or
10		any subsequent amendment to this Code, every new benefit
11		increase is subject to this Section and shall be deemed to be
12		granted only in conformance with and contingent upon
13		compliance with the provisions of this Section.
14		(c) The Public Act enacting a new benefit increase must
15		identify and provide for payment to the System of additional
16		funding at least sufficient to fund the resulting annual
17		increase in cost to the System as it accrues.
18		Every new benefit increase is contingent upon the General
19		Assembly providing the additional funding required under this
20		subsection. The Commission on Government Forecasting and
21		Accountability shall analyze whether adequate additional
22		funding has been provided for the new benefit increase and
23		shall report its analysis to the Public Pension Division of
24		the Department of Insurance. A new benefit increase created by
25		a Public Act that does not include the additional funding
26		required under this subsection is null and void. If the Public

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1		Pension Division determines that the additional funding
2		provided for a new benefit increase under this subsection is
3		or has become inadequate, it may so certify to the Governor and
4		the State Comptroller and, in the absence of corrective action
5		by the General Assembly, the new benefit increase shall expire
6		at the end of the fiscal year in which the certification is
7		made.
8		(d) Every new benefit increase shall expire 5 years after
9		its effective date or on such earlier date as may be specified
10		in the language enacting the new benefit increase or provided
11		under subsection (c). This does not prevent the General
12		Assembly from extending or re-creating a new benefit increase
13		by law.
14		(e) Except as otherwise provided in the language creating
15		the new benefit increase, a new benefit increase that expires
16		under this Section continues to apply to persons who applied
17		and qualified for the affected benefit while the new benefit
18		increase was in effect and to the affected beneficiaries and
19		alternate payees of such persons, but does not apply to any
20		other person, including, without limitation, a person who
21		continues in service after the expiration date and did not
22		apply and qualify for the affected benefit while the new
23		benefit increase was in effect.
24		(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
25		100-743, eff. 8-10-18; 100-769, eff. 8-10-18; 101-10, eff.
26		6-5-19; 101-49, eff. 7-12-19; 101-81, eff. 7-12-19; revised

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1		8-13-19.)
2		(40 ILCS 5/22C-115)
3		Sec. 22C-115. Board of Trustees of the Fund.
4		(a) No later than February 1, 2020 (one month after the
5		effective date of Public Act 101-610) this amendatory Act of
6		the 101st General Assembly or as soon thereafter as may be
7		practicable, the Governor shall appoint, by and with the
8		advice and consent of the Senate, a transition board of
9		trustees consisting of 9 members as follows:
10		(1) three members representing municipalities and fire
11		protection districts who are mayors, presidents, chief
12		executive officers, chief financial officers, or other
13		officers, executives, or department heads of
14		municipalities or fire protection districts and appointed
15		from among candidates recommended by the Illinois
16		Municipal League;
17		(2) three members representing participants who are
18		participants and appointed from among candidates
19		recommended by the statewide labor organization
20		representing firefighters employed by at least 85
21		municipalities that is affiliated with the Illinois State
22		Federation of Labor;
23		(3) one member representing beneficiaries who is a
24		beneficiary and appointed from among the candidate or
25		candidates recommended by the statewide labor organization

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1		representing firefighters employed by at least 85
2		municipalities that is affiliated with the Illinois State
3		Federation of Labor; and
4		(4) one member recommended by the Illinois Municipal
5		League; and
6		(5) one member who is a participant recommended by the
7		statewide labor organization representing firefighters
8		employed by at least 85 municipalities and that is
9		affiliated with the Illinois State Federation of Labor.
10		The transition board members shall serve until the initial
11		permanent board members are elected and qualified.
12		The transition board of trustees shall select the
13		chairperson of the transition board of trustees from among the
14		trustees for the duration of the transition board's tenure.
15		(b) The permanent board of trustees shall consist of 9
16		members comprised as follows:
17		(1) Three members who are mayors, presidents, chief
18		executive officers, chief financial officers, or other
19		officers, executives, or department heads of
20		municipalities or fire protection districts that have
21		participating pension funds and are elected by the mayors
22		and presidents of municipalities or fire protection
23		districts that have participating pension funds.
24		(2) Three members who are participants of
25		participating pension funds and elected by the
26		participants of participating pension funds.

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1		(3) One member who is a beneficiary of a participating
2		pension fund and is elected by the beneficiaries of
3		participating pension funds.
4		(4) One member recommended by the Illinois Municipal
5		League who shall be appointed by the Governor with the
6		advice and consent of the Senate.
7		(5) One member recommended by the statewide labor
8		organization representing firefighters employed by at
9		least 85 municipalities and that is affiliated with the
10		Illinois State Federation of Labor who shall be appointed
11		by the Governor with the advice and consent of the Senate.
12		The permanent board of trustees shall select the
13		chairperson of the permanent board of trustees from among the
14		trustees for a term of 2 years. The holder of the office of
15		chairperson shall alternate between a person elected or
16		appointed under item (1) or (4) of this subsection (b) and a
17		person elected or appointed under item (2), (3), or (5) of this
18		subsection (b).
19		(c) Each trustee shall qualify by taking an oath of office
20		before the Secretary of State stating that he or she will
21		diligently and honestly administer the affairs of the board
22		and will not violate or knowingly permit the violation of any
23		provision of this Article.
24		(d) Trustees shall receive no salary for service on the
25		board but shall be reimbursed for travel expenses incurred
26		while on business for the board according to the standards in

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1		effect for members of the Commission on Government Forecasting
2		and Accountability.
3		A municipality or fire protection district employing a
4		firefighter who is an elected or appointed trustee of the
5		board must allow reasonable time off with compensation for the
6		firefighter to conduct official business related to his or her
7		position on the board, including time for travel. The board
8		shall notify the municipality or fire protection district in
9		advance of the dates, times, and locations of this official
10		business. The Fund shall timely reimburse the municipality or
11		fire protection district for the reasonable costs incurred
12		that are due to the firefighter's absence.
13		(e) No trustee shall have any interest in any brokerage
14		fee, commission, or other profit or gain arising out of any
15		investment directed by the board. This subsection does not
16		preclude ownership by any member of any minority interest in
17		any common stock or any corporate obligation in which an
18		investment is directed by the board.
19		(f) Notwithstanding any provision or interpretation of law
20		to the contrary, any member of the transition board may also be
21		elected or appointed as a member of the permanent board.
22		Notwithstanding any provision or interpretation of law to
23		the contrary, any trustee of a fund established under Article
24		4 of this Code may also be appointed as a member of the
25		transition board or elected or appointed as a member of the
26		permanent board.

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1		The restriction in Section 3.1 of the Lobbyist
2		Registration Act shall not apply to a member of the transition
3		board appointed pursuant to items (4) or (5) of subsection (a)
4		or to a member of the permanent board appointed pursuant to
5		items (4) or (5) of subsection (b).
6		(Source: P.A. 101-610, eff. 1-1-20; revised 8-20-20.)
7		Section 260. The Local Government Antitrust Exemption Act
8		is amended by changing Section 1 as follows:
9		(50 ILCS 35/1) (from Ch. 85, par. 2901)
10		Sec. 1. (a) The General Assembly declares that it is in the
11		interest of the people of Illinois that decisions regarding
12		provision of local services and regulation of local activities
13		should be made at the local level where possible, to the extent
14		authorized by the General Assembly or the Illinois
15		Constitution. It is and has long been the policy of the State
16		that such decisions be made by local government units as
17		authorized by State statute and the Illinois Constitution. The
18		General Assembly intends that actions permitted, either
19		expressly or by necessary implication, by State statute or the
20		Illinois Constitution be considered affirmatively authorized
21		for subsidiary units of government.
22		Inasmuch as the grant of home rule home-rule authority in
23		the Illinois Constitution, Article VII, Section 6 was
24		intentionally made broad so as to avoid unduly restricting its

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1		exercise, the scope of the home rule home-rule powers cannot
2		be precisely described. The General Assembly intends that all
3		actions which are either (1) granted to home rule home-rule
4		units, whether expressly or by necessary implication or (2)
5		within traditional areas of local government activity, except
6		as limited by the Illinois Constitution or a proper limiting
7		statute, be considered affirmatively authorized for home rule
8		home-rule units of government.
9		The General Assembly intends that the "State action
10		exemption" to application of the federal antitrust laws be
11		fully available to local governments to the extent their
12		activities are either (1) expressly or by necessary
13		implication authorized by Illinois law or (2) within
14		traditional areas of local governmental activity.
15		The "State action exemption" for which provision is made
16		by this Section shall be liberally construed in favor of local
17		governments, the agents, employees and officers thereof and
18		such exemption shall be available notwithstanding that the
19		action of the municipality or its agents, officers or
20		employees constitutes an irregular exercise of constitutional
21		or statutory powers. However, this exemption shall not apply
22		where the action alleged to be in violation of antitrust law
23		exceeds either (1) powers granted, either expressly or by
24		necessary implication, by Illinois statute or the Illinois
25		Constitution or (2) powers granted to a home rule municipality
26		to perform any function pertaining to its government and

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1		affairs or to act within traditional areas of municipal
2		activity, except as limited by the Illinois Constitution or a
3		proper limiting statute.
4		(b) It is the policy of this State that all powers granted,
5		either expressly or by necessary implication by any Illinois
6		statute or by the Illinois Constitution to any Library
7		District, its officers, employees and agents may be exercised
8		by any such Library District, its officers, agents and
9		employees notwithstanding effects on competition. It is the
10		intention of the General Assembly that the "State action
11		exemption" to the application of federal antitrust statutes be
12		fully available to any such Library District, its officers,
13		agents and employees to the extent they are exercising
14		authority pursuant to law.
15		(c) It is the policy of this State that all powers granted,
16		either expressly or by necessary implication by any Illinois
17		statute or by the Illinois Constitution to any Sanitary
18		District, its officers, employees and agents may be exercised
19		by any Sanitary District, its officers, agents and employees
20		notwithstanding effects on competition. It is the intention of
21		the General Assembly that the "State action exemption" to the
22		application of federal antitrust statutes be fully available
23		to any such Sanitary District, its officers, agents and
24		employees to the extent they are exercising authority pursuant
25		to law.
26		(d) It is the policy of this State that all powers granted,

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1		either expressly or by necessary implication by any Illinois
2		statute or by the Illinois Constitution to any Park District
3		and its officers, employees and agents may be exercised by any
4		such Park District, its officers, agents and employees
5		notwithstanding effects on competition. It is the intention of
6		the General Assembly that the "State action exemption" to the
7		application of federal antitrust statutes be fully available
8		to any such Park District, its officers, agents and employees
9		to the extent they are exercising authority pursuant to law.
10		(e) Notwithstanding the foregoing, where it is alleged
11		that a violation of the antitrust laws has occurred, the
12		relief available to the plaintiffs shall be limited to an
13		injunction which enjoins the alleged activity.
14		(f) Nothing in this Section is intended to prohibit or
15		limit any cause of action other than under an antitrust
16		theory.
17		(Source: P.A. 84-1050; revised 9-20-19.)
18		Section 265. The Property Assessed Clean Energy Act is
19		amended by changing Sections 15 and 20 as follows:
20		(50 ILCS 50/15)
21		Sec. 15. Program established.
22		(a) To establish a property assessed clean energy program,
23		the governing body shall adopt a resolution or ordinance that
24		includes all of the following:

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1		(1) a finding that the financing or refinancing of
2		energy projects is a valid public purpose;
3		(2) a statement of intent to facilitate access to
4		capital (which may be from one or more program
5		administrators or as otherwise permitted by this Act) to
6		provide funds for energy projects, which will be repaid by
7		assessments on the property benefited with the agreement
8		of the record owners;
9		(3) a description of the proposed arrangements for
10		financing the program through the issuance of PACE bonds
11		under or in accordance with Section 35, which PACE bonds
12		may be purchased by one or more capital providers;
13		(4) the types of energy projects that may be financed
14		or refinanced;
15		(5) a description of the territory within the PACE
16		area;
17		(6) a transcript of public comments if any
18		discretionary public hearing on the proposed program was
19		previously held by the governmental unit prior to the
20		consideration of the resolution or ordinance establishing
21		the program; and;
22		(7) (blank);
23		(7) (8) the report on the proposed program as
24		described in Section 20; for this purpose, the resolution
25		or ordinance may incorporate the report or an amended
26		version thereof by reference and shall be available for

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1		public inspection.
2		(9) (blank).
3		(b) A property assessed clean energy program may be
4		amended in accordance with the resolution or ordinance
5		establishing the program.
6		(Source: P.A. 100-77, eff. 8-11-17; 100-863, eff. 8-14-18;
7		100-980, eff. 1-1-19; 101-169, eff. 7-29-19; revised 9-20-19.)
8		(50 ILCS 50/20)
9		Sec. 20. Program report. The report on the proposed
10		program required under Section 15 shall include all of the
11		following:
12		(1) a form of assessment contract between the
13		governmental unit and record owner governing the terms and
14		conditions of financing and assessment under the program;
15		(2) identification of one or more officials authorized
16		to enter into an assessment contract on behalf of the
17		governmental unit;
18		(3) (blank);
19		(4) an application process and eligibility
20		requirements for financing or refinancing energy projects
21		under the program;
22		(5) a method for determining interest rates on amounts
23		financed or refinanced under assessment contracts,
24		repayment periods, and the maximum amount of an
25		assessment, if any;

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1		(6) an explanation of the process for billing and
2		collecting assessments;
3		(7) a plan to finance the program pursuant to the
4		issuance of PACE bonds under or in accordance with Section
5		35;
6		(8) information regarding all of the following, to the
7		extent known, or procedures to determine the following in
8		the future:
9		(A) any revenue source or reserve fund or funds to
10		be used as security for PACE bonds described in
11		paragraph (7); and
12		(B) any application, administration, or other
13		program fees to be charged to record owners
14		participating in the program that will be used to
15		finance and reimburse all or a portion of costs
16		incurred by the governmental unit as a result of its
17		program;
18		(9) a requirement that the term of an assessment not
19		exceed the useful life of the energy project financed or
20		refinanced under an assessment contract; provided that an
21		assessment contract financing or refinancing multiple
22		energy projects with varying lengths of useful life may
23		have a term that is calculated in accordance with the
24		principles established by the program report;
25		(10) a requirement for an appropriate ratio of the
26		amount of the assessment to the greater of any of the

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1		following:
2		(A) the value of the property as determined by the
3		office of the county assessor; or
4		(B) the value of the property as determined by an
5		appraisal conducted by a licensed appraiser;
6		(11) a requirement that the record owner of property
7		subject to a mortgage obtain written consent from the
8		mortgage holder before participating in the program;
9		(12) provisions for marketing and participant
10		education; and
11		(13) (blank); and
12		(14) quality assurance and antifraud measures.
13		(Source: P.A. 100-77, eff. 8-11-17; 100-980, eff. 1-1-19;
14		101-169, eff. 7-29-19; revised 9-20-19.)
15		Section 270. The Governmental Account Audit Act is amended
16		by changing Section 4 as follows:
17		(50 ILCS 310/4) (from Ch. 85, par. 704)
18		Sec. 4. Overdue report.
19		(a) If the required report for a governmental unit is not
20		filed with the Comptroller in accordance with Section 2 or
21		Section 3, whichever is applicable, within 180 days after the
22		close of the fiscal year of the governmental unit, the
23		Comptroller shall notify the governing body of that unit in
24		writing that the report is due and may also grant a 60-day 60

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1		day extension for the filing of the audit report. If the
2		required report is not filed within the time specified in such
3		written notice, the Comptroller shall cause an audit to be
4		made by an a auditor, and the governmental unit shall pay to
5		the Comptroller actual compensation and expenses to reimburse
6		him or her for the cost of preparing or completing such report.
7		(b) The Comptroller may decline to order an audit and the
8		preparation of an audit report (i) if an initial examination
9		of the books and records of the governmental unit indicates
10		that the books and records of the governmental unit are
11		inadequate or unavailable due to the passage of time or the
12		occurrence of a natural disaster or (ii) if the Comptroller
13		determines that the cost of an audit would impose an
14		unreasonable financial burden on the governmental unit.
15		(c) The State Comptroller may grant extensions for
16		delinquent audits or reports. The Comptroller may charge a
17		governmental unit a fee for a delinquent audit or report of $5
18		per day for the first 15 days past due, $10 per day for 16
19		through 30 days past due, $15 per day for 31 through 45 days
20		past due, and $20 per day for the 46th day and every day
21		thereafter. These amounts may be reduced at the Comptroller's
22		discretion. All fees collected under this subsection (c) shall
23		be deposited into the Comptroller's Administrative Fund.
24		(Source: P.A. 101-419, eff. 1-1-20; revised 11-26-19.)
25		Section 275. The Local Governmental Acceptance of Credit

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1		Cards Act is amended by changing Section 15 as follows:
2		(50 ILCS 345/15)
3		Sec. 15. Local government credit card acceptance program.
4		(a) Any unit of local government and any community college
5		district that has the authority to accept the payment of funds
6		for any purpose is authorized, but not required, to accept
7		payment by credit card.
8		(b) This Act shall be broadly construed to authorize, but
9		not require, acceptance of credit card payments by all units
10		of local government and community college districts.
11		(c) This Act authorizes the acceptance of credit card
12		payments for all types of authorized obligations.
13		(d) This Act does not limit the authority of clerks of
14		court to accept payment by credit card pursuant to the Clerks
15		of Courts Court Act or the Unified Code of Corrections.
16		(e) A local governmental entity may not receive and
17		retain, directly or indirectly, any convenience fee,
18		surcharge, or other fee in excess of the amount paid in
19		connection with the credit card transaction. In addition, a
20		financial institution or service provider may not pay, refund,
21		rebate, or return, directly or indirectly, to a local
22		governmental entity for final retention any portion of a
23		surcharge, convenience fee, or other fee paid in connection
24		with a credit card transaction.
25		(Source: P.A. 90-518, eff. 8-22-97; revised 8-20-20.)

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1		Section 280. The Local Government Revenue Recapture Act is
2		amended by changing Section 10-15 as follows:
3		(50 ILCS 355/10-15)
4		Sec. 10-15. Definitions. As used in this Article:
5		"Audit" means an agreed-upon procedures engagement in
6		accordance with Statements on Standards for the Attestation
7		Engagements (AICPA Professional Standards, AT-C Section 315
8		(Compliance Attestation Attest)).
9		"Certification program" means an instructional curriculum,
10		examination, and process for certification, recertification,
11		and revocation of certification of certified public
12		accountants that is administered by the Department with the
13		assistance of the Illinois CPA Society and that is officially
14		approved by the Department to ensure that a certified public
15		accountant possesses the necessary skills and abilities to
16		successfully perform an attestation engagement for a
17		limited-scope tax compliance review in a certified audit
18		project under this Act.
19		"Department" means the Department of Revenue.
20		"Family member" means the following, whether by whole
21		blood, half-blood, or adoption:
22		(1) a parent or step-parent;
23		(2) a child or step-child;
24		(3) a grandparent or step-grandparent;

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1		(4) an aunt, uncle, great-aunt, or great-uncle;
2		(5) a sibling;
3		(6) a spouse or domestic partner; and
4		(7) the spouse or domestic partner of any person
5		referenced in items (1) through (5).
6		"Misallocation" means tax paid by the taxpayer and
7		allocated to one unit of local government that should have
8		been allocated to a different unit of local government.
9		"Misallocation" does not include amounts overpaid by the
10		taxpayer and therefore not owed to any unit of local
11		government, nor amounts underpaid by the taxpayer and
12		therefore not previously allocated to any unit of local
13		government.
14		"Participating taxpayer" means any person subject to the
15		revenue laws administered by the Department who is the subject
16		of a tax compliance referral by a municipality, county, or
17		third party, who enters into an engagement with a qualified
18		practitioner for a limited-scope tax compliance review under
19		this Act, and who is approved by the Department under the local
20		government revenue recapture certified audit pilot project.
21		"Qualified practitioner" means a certified public
22		accountant who is licensed or registered to perform
23		accountancy activities in Illinois under Section 8.05 of the
24		Illinois Public Accounting Act and who has met all
25		requirements for the local government revenue recapture
26		certified audit training course, achieved the required score

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1		on the certification test as approved by the Department, and
2		been certified by the Department. "Qualified practitioner"
3		does not include a third party, as defined by Section 5-5 of
4		this Act, or any employee, contractual employee, officer,
5		manager, or director thereof, any person or persons owning in
6		the aggregate more than 5% of such third party, or a person who
7		is a family member of any person who is employed by or is an
8		appointed or elected member of any corporate authorities, as
9		defined in the Illinois Municipal Code.
10		(Source: P.A. 101-628, eff. 6-1-20; revised 8-20-20.)
11		Section 285. The Illinois Police Training Act is amended
12		by changing Sections 7, 10.2, 10.7, and 10.11 and by setting
13		forth, renumbering, and changing multiple versions of Section
14		10.23 as follows:
15		(50 ILCS 705/7) (from Ch. 85, par. 507)
16		Sec. 7. Rules and standards for schools. The Board shall
17		adopt rules and minimum standards for such schools which shall
18		include, but not be limited to, the following:
19		a. The curriculum for probationary police officers
20		which shall be offered by all certified schools shall
21		include, but not be limited to, courses of procedural
22		justice, arrest and use and control tactics, search and
23		seizure, including temporary questioning, civil rights,
24		human rights, human relations, cultural competency,

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1		including implicit bias and racial and ethnic sensitivity,
2		criminal law, law of criminal procedure, constitutional
3		and proper use of law enforcement authority, vehicle and
4		traffic law including uniform and non-discriminatory
5		enforcement of the Illinois Vehicle Code, traffic control
6		and accident investigation, techniques of obtaining
7		physical evidence, court testimonies, statements, reports,
8		firearms training, training in the use of electronic
9		control devices, including the psychological and
10		physiological effects of the use of those devices on
11		humans, first-aid (including cardiopulmonary
12		resuscitation), training in the administration of opioid
13		antagonists as defined in paragraph (1) of subsection (e)
14		of Section 5-23 of the Substance Use Disorder Act,
15		handling of juvenile offenders, recognition of mental
16		conditions and crises, including, but not limited to, the
17		disease of addiction, which require immediate assistance
18		and response and methods to safeguard and provide
19		assistance to a person in need of mental treatment,
20		recognition of abuse, neglect, financial exploitation, and
21		self-neglect of adults with disabilities and older adults,
22		as defined in Section 2 of the Adult Protective Services
23		Act, crimes against the elderly, law of evidence, the
24		hazards of high-speed police vehicle chases with an
25		emphasis on alternatives to the high-speed chase, and
26		physical training. The curriculum shall include specific

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1		training in techniques for immediate response to and
2		investigation of cases of domestic violence and of sexual
3		assault of adults and children, including cultural
4		perceptions and common myths of sexual assault and sexual
5		abuse as well as interview techniques that are age
6		sensitive and are trauma informed, victim centered, and
7		victim sensitive. The curriculum shall include training in
8		techniques designed to promote effective communication at
9		the initial contact with crime victims and ways to
10		comprehensively explain to victims and witnesses their
11		rights under the Rights of Crime Victims and Witnesses Act
12		and the Crime Victims Compensation Act. The curriculum
13		shall also include training in effective recognition of
14		and responses to stress, trauma, and post-traumatic stress
15		experienced by police officers that is consistent with
16		Section 25 of the Illinois Mental Health First Aid
17		Training Act in a peer setting, including recognizing
18		signs and symptoms of work-related cumulative stress,
19		issues that may lead to suicide, and solutions for
20		intervention with peer support resources. The curriculum
21		shall include a block of instruction addressing the
22		mandatory reporting requirements under the Abused and
23		Neglected Child Reporting Act. The curriculum shall also
24		include a block of instruction aimed at identifying and
25		interacting with persons with autism and other
26		developmental or physical disabilities, reducing barriers

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1		to reporting crimes against persons with autism, and
2		addressing the unique challenges presented by cases
3		involving victims or witnesses with autism and other
4		developmental disabilities. The curriculum shall include
5		training in the detection and investigation of all forms
6		of human trafficking. The curriculum shall also include
7		instruction in trauma-informed responses designed to
8		ensure the physical safety and well-being of a child of an
9		arrested parent or immediate family member; this
10		instruction must include, but is not limited to: (1)
11		understanding the trauma experienced by the child while
12		maintaining the integrity of the arrest and safety of
13		officers, suspects, and other involved individuals; (2)
14		de-escalation tactics that would include the use of force
15		when reasonably necessary; and (3) inquiring whether a
16		child will require supervision and care. The curriculum
17		for permanent police officers shall include, but not be
18		limited to: (1) refresher and in-service training in any
19		of the courses listed above in this subparagraph, (2)
20		advanced courses in any of the subjects listed above in
21		this subparagraph, (3) training for supervisory personnel,
22		and (4) specialized training in subjects and fields to be
23		selected by the board. The training in the use of
24		electronic control devices shall be conducted for
25		probationary police officers, including University police
26		officers.

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1		b. Minimum courses of study, attendance requirements
2		and equipment requirements.
3		c. Minimum requirements for instructors.
4		d. Minimum basic training requirements, which a
5		probationary police officer must satisfactorily complete
6		before being eligible for permanent employment as a local
7		law enforcement officer for a participating local
8		governmental agency. Those requirements shall include
9		training in first aid (including cardiopulmonary
10		resuscitation).
11		e. Minimum basic training requirements, which a
12		probationary county corrections officer must
13		satisfactorily complete before being eligible for
14		permanent employment as a county corrections officer for a
15		participating local governmental agency.
16		f. Minimum basic training requirements which a
17		probationary court security officer must satisfactorily
18		complete before being eligible for permanent employment as
19		a court security officer for a participating local
20		governmental agency. The Board shall establish those
21		training requirements which it considers appropriate for
22		court security officers and shall certify schools to
23		conduct that training.
24		A person hired to serve as a court security officer
25		must obtain from the Board a certificate (i) attesting to
26		his or her successful completion of the training course;

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1		(ii) attesting to his or her satisfactory completion of a
2		training program of similar content and number of hours
3		that has been found acceptable by the Board under the
4		provisions of this Act; or (iii) attesting to the Board's
5		determination that the training course is unnecessary
6		because of the person's extensive prior law enforcement
7		experience.
8		Individuals who currently serve as court security
9		officers shall be deemed qualified to continue to serve in
10		that capacity so long as they are certified as provided by
11		this Act within 24 months of June 1, 1997 (the effective
12		date of Public Act 89-685). Failure to be so certified,
13		absent a waiver from the Board, shall cause the officer to
14		forfeit his or her position.
15		All individuals hired as court security officers on or
16		after June 1, 1997 (the effective date of Public Act
17		89-685) shall be certified within 12 months of the date of
18		their hire, unless a waiver has been obtained by the
19		Board, or they shall forfeit their positions.
20		The Sheriff's Merit Commission, if one exists, or the
21		Sheriff's Office if there is no Sheriff's Merit
22		Commission, shall maintain a list of all individuals who
23		have filed applications to become court security officers
24		and who meet the eligibility requirements established
25		under this Act. Either the Sheriff's Merit Commission, or
26		the Sheriff's Office if no Sheriff's Merit Commission

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1		exists, shall establish a schedule of reasonable intervals
2		for verification of the applicants' qualifications under
3		this Act and as established by the Board.
4		g. Minimum in-service training requirements, which a
5		police officer must satisfactorily complete every 3 years.
6		Those requirements shall include constitutional and proper
7		use of law enforcement authority, procedural justice,
8		civil rights, human rights, mental health awareness and
9		response, officer wellness, reporting child abuse and
10		neglect, and cultural competency.
11		h. Minimum in-service training requirements, which a
12		police officer must satisfactorily complete at least
13		annually. Those requirements shall include law updates and
14		use of force training which shall include scenario based
15		training, or similar training approved by the Board.
16		(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
17		100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
18		1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
19		eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
20		101-564, eff. 1-1-20; revised 9-10-19.)
21		(50 ILCS 705/10.2)
22		Sec. 10.2. Criminal background investigations.
23		(a) On and after March 14, 2002 (the effective date of
24		Public Act 92-533) this amendatory Act of the 92nd General
25		Assembly, an applicant for employment as a peace officer, or

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1		for annual certification as a retired law enforcement officer
2		qualified under federal law to carry a concealed weapon, shall
3		authorize an investigation to determine if the applicant has
4		been convicted of, or entered a plea of guilty to, any criminal
5		offense that disqualifies the person as a peace officer.
6		(b) No law enforcement agency may knowingly employ a
7		person, or certify a retired law enforcement officer qualified
8		under federal law to carry a concealed weapon, unless (i) a
9		criminal background investigation of that person has been
10		completed and (ii) that investigation reveals no convictions
11		of or pleas of guilty to of offenses specified in subsection
12		(a) of Section 6.1 of this Act.
13		(Source: P.A. 101-187, eff. 1-1-20; revised 9-23-19.)
14		(50 ILCS 705/10.7)
15		Sec. 10.7. Mandatory training; police chief and deputy
16		police chief. Each police chief and deputy police chief shall
17		obtain at least 20 hours of training each year. The training
18		must be approved by the Illinois Law Enforcement Training and
19		Standards Board and must be related to law enforcement,
20		management or executive development, or ethics. This
21		requirement may be satisfied by attending any training portion
22		of a conference held by an association that represents chiefs
23		of police that has been approved by the Illinois Law
24		Enforcement Training and Standards Board. Any police chief and
25		any deputy police chief, upon presentation of a certificate of

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1		completion from the person or entity conducting the training,
2		shall be reimbursed by the municipality in accordance with the
3		municipal policy regulating the terms of reimbursement, for
4		his or her reasonable expenses in obtaining the training
5		required under this Section. No police chief or deputy police
6		chief may attend any recognized training offering without the
7		prior approval of his or her municipal mayor, manager, or
8		immediate supervisor.
9		This Section does not apply to the City of Chicago or the
10		Sheriff's Police Department in Cook County.
11		(Source: P.A. 94-354, eff. 1-1-06; revised 11-16-20.)
12		(50 ILCS 705/10.11)
13		Sec. 10.11. Training; death and homicide investigation.
14		The Illinois Law Enforcement Training and Standards Board
15		shall conduct or approve a training program in death and
16		homicide investigation for the training of law enforcement
17		officers of local government agencies. Only law enforcement
18		officers who successfully complete the training program may be
19		assigned as lead investigators in death and homicide
20		investigations. Satisfactory completion of the training
21		program shall be evidenced by a certificate issued to the law
22		enforcement officer by the Illinois Law Enforcement Training
23		and Standards Board.
24		The Illinois Law Enforcement Training and Standards Board
25		shall develop a process for waiver applications sent by a

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1		local law enforcement agency administrator for those officers
2		whose prior training and experience as homicide investigators
3		may qualify them for a waiver. The Board may issue a waiver at
4		its discretion, based solely on the prior training and
5		experience of an officer as a homicide investigator. This
6		Section does not affect or impede the powers of the office of
7		the coroner to investigate all deaths as provided in Division
8		3-3 of the Counties Code and the Coroner Training Board Act.
9		(Source: P.A. 99-408, eff. 1-1-16; revised 11-16-20.)
10		(50 ILCS 705/10.23)
11		Sec. 10.23. Training; human trafficking. The Board shall
12		conduct or approve an in-service training program in the
13		detection and investigation of all forms of human trafficking,
14		including, but not limited to, "involuntary servitude" under
15		subsection (b) of Section 10-9 of the Criminal Code of 2012,
16		"involuntary sexual servitude of a minor" under subsection (c)
17		of Section 10-9 of the Criminal Code of 2012, and "trafficking
18		in persons" under subsection (d) of Section 10-9 of the
19		Criminal Code of 2012. This program shall be made available to
20		all certified law enforcement, correctional, and court
21		security officers.
22		(Source: P.A. 101-18, eff. 1-1-20; revised 9-25-19.)
23		(50 ILCS 705/10.24)
24		Sec. 10.24 10.23. Officer wellness and suicide prevention.

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1		The Board shall create, develop, or approve an in-service
2		course addressing issues of officer wellness and suicide
3		prevention. The course shall include instruction on
4		job-related stress management techniques, skills for
5		recognizing signs and symptoms of work-related cumulative
6		stress, recognition of other issues that may lead to officer
7		suicide, solutions for intervention, and a presentation on
8		available peer support resources.
9		(Source: P.A. 101-215, eff. 1-1-20; revised 9-25-19.)
10		Section 290. The Law Enforcement Officer-Worn Body Camera
11		Act is amended by changing Section 10-1 as follows:
12		(50 ILCS 706/10-1)
13		Sec. 10-1. Short title. This Article Act may be cited as
14		the Law Enforcement Officer-Worn Body Camera Act. References
15		in this Article to "this Act" mean this Article.
16		(Source: P.A. 99-352, eff. 1-1-16; revised 8-7-19.)
17		Section 295. The Illinois Fire Protection Training Act is
18		amended by changing Sections 2 and 8 as follows:
19		(50 ILCS 740/2) (from Ch. 85, par. 532)
20		Sec. 2. Definitions. As used in this Act, unless the
21		context requires otherwise:
22		a. "Office" means the Office of the State Fire Marshal.

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1		b. "Local governmental agency" means any local
2		governmental unit or municipal corporation in this State. It
3		does not include the State of Illinois or any office, officer,
4		department, division, bureau, board, commission, or agency of
5		the State except: (i) a State controlled university, college,
6		or public community college, or (ii) the Office of the State
7		Fire Marshal.
8		c. "School" means any school located within the State of
9		Illinois whether privately or publicly owned which offers a
10		course in fire protection training or related subjects and
11		which has been approved by the Office.
12		d. "Trainee" means a recruit fire fighter required to
13		complete initial minimum basic training requirements at an
14		approved school to be eligible for permanent employment as a
15		fire fighter.
16		e. "Fire protection personnel" and "fire fighter" means
17		any person engaged in fire administration, fire prevention,
18		fire suppression, fire education and arson investigation,
19		including any permanently employed, trainee, or volunteer fire
20		fighter, whether or not such person, trainee, or volunteer is
21		compensated for all or any fraction of his time.
22		f. "Basic training" and "basic level" shall mean the entry
23		level fire fighter program established by the Office.
24		g. "Advanced training" means the advanced level fire
25		fighter programs established by the Office.
26		(Source: P.A. 100-600, eff. 1-1-19; revised 8-7-19.)

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1		(50 ILCS 740/8) (from Ch. 85, par. 538)
2		Sec. 8. Rules and minimum standards for schools. The
3		Office shall adopt rules and minimum standards for such
4		schools which shall include, but not be limited to, the
5		following:
6		a. Minimum courses of study, resources, facilities,
7		apparatus, equipment, reference material, established
8		records and procedures as determined by the Office.
9		b. Minimum requirements for instructors.
10		c. Minimum basic training requirements, which a
11		trainee must satisfactorily complete before being eligible
12		for permanent employment as a firefighter in the fire
13		department of a participating local governmental agency.
14		Those requirements shall include training in first aid
15		(including cardiopulmonary resuscitation), training in the
16		administration of opioid antagonists as defined in
17		paragraph (1) of subsection (e) of Section 5-23 of the
18		Substance Use Disorder Act, and training in the history of
19		the fire service labor movement using curriculum and
20		instructors provided by a statewide organization
21		representing professional union firefighters in Illinois.
22		d. Training in effective recognition of and responses
23		to stress, trauma, and post-traumatic stress experienced
24		by firefighters that is consistent with Section 25 of the
25		Illinois Mental Health First Aid Training Act in a peer

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1		setting.
2		(Source: P.A. 100-759, eff. 1-1-19; 101-375, eff. 8-16-19;
3		101-620, eff. 12-20-19; revised 12-21-20.)
4		Section 300. The Illinois Public Safety Agency Network Act
5		is amended by changing Section 20 as follows:
6		(50 ILCS 752/20)
7		Sec. 20. Board of directors. IPSAN shall be governed by a
8		board of directors. The IPSAN Board shall consist of 6 voting
9		members. Three members shall be appointed by the Illinois
10		Sheriffs' Association, and 3 members shall be appointed by the
11		Illinois Association of Chiefs of Police. To the extent
12		practical, voting members should be active or retired chiefs
13		of police or sheriffs, should represent Statewide interests of
14		the Associations that appointed them, and should attend board
15		meetings. The Director of Corrections, the Director of the
16		Illinois Emergency Management Agency, the Director of the
17		Illinois State Police, the Sheriff of Cook County, and the
18		Superintendent of the Chicago Police Department, or the
19		designee of each, may be invited by the board of directors to
20		serve as non-voting ex officio members. The Executive Director
21		appointed under Section 30 of this Act shall serve as a
22		non-voting ex officio ex-officio member of the board.
23		Members shall serve terms of one year at the pleasure of
24		the Association making the appointment, but shall be eligible

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1		for re-appointment. A vacancy among members appointed shall be
2		filled in the same manner as the original appointment for the
3		remainder of the vacated term.
4		Members of the Board shall receive no compensation but
5		shall be reimbursed for reasonable expenses incurred in the
6		performance of their duties. However, a board member who is a
7		retired chief of police or retired sheriff may be entitled to
8		reimbursement for services provided to or on behalf of IPSAN
9		as may be appropriate.
10		The Board shall designate a temporary president of the
11		Board from among the members, who shall serve until a
12		permanent president is elected by the Board of Directors. The
13		Board shall meet at the call of the president, or as otherwise
14		provided in the bylaws, rules, and policies of the board.
15		IPSAN shall comply with reporting requirements under the
16		General Not for Profit Corporation Act of 1986 and related
17		regulations promulgated by the Secretary of State. The
18		Executive Director appointed under Section 30 of this Act
19		shall have the authority to sign and file all required
20		reports.
21		(Source: P.A. 98-745, eff. 7-16-14; revised 11-16-20.)
22		Section 305. The Counties Code is amended by changing
23		Sections 5-1009 and 5-10004 and by setting forth and
24		renumbering multiple versions of Section 5-1184 as follows:

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1		(55 ILCS 5/5-1009) (from Ch. 34, par. 5-1009)
2		Sec. 5-1009. Limitation on home rule powers. Except as
3		provided in Sections 5-1006, 5-1006.5, 5-1006.8, 5-1007, and
4		5-1008, on and after September 1, 1990, no home rule county has
5		the authority to impose, pursuant to its home rule authority,
6		a retailers' retailer's occupation tax, service occupation
7		tax, use tax, sales tax or other tax on the use, sale or
8		purchase of tangible personal property based on the gross
9		receipts from such sales or the selling or purchase price of
10		said tangible personal property. Notwithstanding the
11		foregoing, this Section does not preempt any home rule imposed
12		tax such as the following: (1) a tax on alcoholic beverages,
13		whether based on gross receipts, volume sold or any other
14		measurement; (2) a tax based on the number of units of
15		cigarettes or tobacco products; (3) a tax, however measured,
16		based on the use of a hotel or motel room or similar facility;
17		(4) a tax, however measured, on the sale or transfer of real
18		property; (5) a tax, however measured, on lease receipts; (6)
19		a tax on food prepared for immediate consumption and on
20		alcoholic beverages sold by a business which provides for on
21		premise consumption of said food or alcoholic beverages; or
22		(7) other taxes not based on the selling or purchase price or
23		gross receipts from the use, sale or purchase of tangible
24		personal property. This Section does not preempt a home rule
25		county from imposing a tax, however measured, on the use, for
26		consideration, of a parking lot, garage, or other parking

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1		facility.
2		On and after December 1, 2019, no home rule county has the
3		authority to impose, pursuant to its home rule authority, a
4		tax, however measured, on sales of aviation fuel, as defined
5		in Section 3 of the Retailers' Occupation Tax Act, unless the
6		tax revenue is expended for airport-related purposes. For
7		purposes of this Section, "airport-related purposes" has the
8		meaning ascribed in Section 6z-20.2 of the State Finance Act.
9		Aviation fuel shall be excluded from tax only for so long as
10		the revenue use requirements of 49 U.S.C. 47017(b) and 49
11		U.S.C. 47133 are binding on the county.
12		This Section is a limitation, pursuant to subsection (g)
13		of Section 6 of Article VII of the Illinois Constitution, on
14		the power of home rule units to tax. The changes made to this
15		Section by Public Act 101-10 this amendatory Act of the 101st
16		General Assembly are a denial and limitation of home rule
17		powers and functions under subsection (g) of Section 6 of
18		Article VII of the Illinois Constitution.
19		(Source: P.A. 101-10, eff. 6-5-19; 101-27, eff. 6-25-19;
20		revised 8-19-19.)
21		(55 ILCS 5/5-1184)
22		Sec. 5-1184. (Repealed).
23		(Source: P.A. 101-10, eff. 6-5-19. Repealed by P.A. 101-604,
24		eff. 12-13-19.)

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1		(55 ILCS 5/5-1185)
2		Sec. 5-1185 5-1184. Dissolution of townships in McHenry
3		County. If a township in McHenry County dissolves as provided
4		in Article 24 of the Township Code, McHenry County shall
5		assume the powers, duties, and obligations of each dissolved
6		township as provided in Article 24 of the Township Code.
7		(Source: P.A. 101-230, eff. 8-9-19; revised 10-7-19.)
8		(55 ILCS 5/5-10004) (from Ch. 34, par. 5-10004)
9		Sec. 5-10004. Qualifications for license. A license to
10		operate or maintain a dance hall may be issued by the county
11		board to any citizen, firm, or corporation of the State: , who
12		(1) who submits a written application for a license,
13		which application shall state, and the applicant shall
14		state under oath:
15		(a) the name, address, and residence of the
16		applicant, and the length of time he has lived at that
17		residence;
18		(b) the place of birth of the applicant, and, if
19		the applicant is a naturalized citizen, the time and
20		place of such naturalization;
21		(c) whether the applicant has a prior felony
22		conviction; and
23		(d) the location of the place or building where
24		the applicant intends to operate or maintain the dance
25		hall; and .

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1		(2) and who establishes:
2		(a) that he is a person of good moral character;
3		and
4		(b) that the place or building where the dance
5		hall or road house is to be operated or maintained,
6		reasonably conforms to all laws, and health and fire
7		regulations applicable thereto, and is properly
8		ventilated and supplied with separate and sufficient
9		toilet arrangements for each sex, and is a safe and
10		proper place or building for a public dance hall or
11		road house.
12		(Source: P.A. 100-286, eff. 1-1-18; revised 8-7-19.)
13		Section 310. The Illinois Municipal Code is amended by
14		changing Sections 1-1-10, 10-1-7.1, 10-1-48, 10-2.1-6.3,
15		11-74.4-8, 11-74.6-35, and 11-101-3 as follows:
16		(65 ILCS 5/1-1-10) (from Ch. 24, par. 1-1-10)
17		Sec. 1-1-10. It is the policy of this State that all powers
18		granted, either expressly or by necessary implication, by this
19		Code, by Illinois statute, or by the Illinois Constitution to
20		municipalities may be exercised by those municipalities, and
21		the officers, employees, and agents of each, notwithstanding
22		effects on competition.
23		It is further the policy of this State that home rule
24		home-rule municipalities and , the officers, employees, and

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1		agents of each may (1) exercise any power and perform any
2		function pertaining to their government and affairs or (2)
3		exercise those powers within traditional areas of municipal
4		activity, except as limited by the Illinois Constitution or a
5		proper limiting statute, notwithstanding effects on
6		competition.
7		It is the intention of the General Assembly that the
8		"State action exemption" to the application of federal
9		antitrust statutes be fully available to all municipalities,
10		and the agents, officers, and employees of each to the extent
11		they are exercising authority as aforesaid, including, but not
12		limited to, the provisions of Sections 6, 7, and 10 of Article
13		VII of the Illinois Constitution or the provisions of the
14		following Illinois statutes, as each is now in existence or
15		may hereinafter be amended:
16		(a) The Illinois Local Library Act; Article 27 of the
17		Property Tax Code "An Act to provide the manner of levying or
18		imposing taxes for the provision of special services to areas
19		within the boundaries of home rule units and non-home rule
20		municipalities and counties", approved September 21, 1973, as
21		amended; the Housing Development and Construction Act "An Act
22		to facilitate the development and construction of housing, to
23		provide governmental assistance therefor, and to repeal an Act
24		herein named", approved July 2, 1947, as amended; or the
25		Housing Authorities Act, the Housing Cooperation Law, the
26		Blighted Areas Redevelopment Act of 1947, the Blighted Vacant

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1		Areas Development Act of 1949, the Urban Community
2		Conservation Act, the Illinois Enterprise Zone Act, or any
3		other power exercised pursuant to the Intergovernmental
4		Cooperation Act; or
5		(b) Divisions 1, 2, 3, 4, 5, and 6 of Article 7 of the
6		Illinois Municipal Code; Divisions 9, 10, and 11 of Article 8
7		of the Illinois Municipal Code; Divisions 1, 2, 3, 4, and 5 of
8		Article 9 of the Illinois Municipal Code; and all of Divisions
9		of Articles 10 and 11 of the Illinois Municipal Code; or
10		(c) Any other Illinois statute or constitutional provision
11		now existing or which may be enacted in the future, by which
12		any municipality may exercise authority.
13		The "State action exemption" for which provision is made
14		by this Section shall be liberally construed in favor of such
15		municipalities and the agents, employees, and officers
16		thereof, and such exemption shall be available notwithstanding
17		that the action of the municipality or its agents, officers,
18		or employees constitutes an irregular exercise of
19		constitutional or statutory powers. However, this exemption
20		shall not apply where the action alleged to be in violation of
21		antitrust law exceeds either (1) powers granted, either
22		expressly or by necessary implication, by Illinois statute or
23		the Illinois Constitution or (2) powers granted to a home rule
24		municipality to perform any function pertaining to its
25		government and affairs or to act within traditional areas of
26		municipal activity, except as limited by the Illinois

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1		Constitution or a proper limiting statute.
2		Notwithstanding the foregoing, where it is alleged that a
3		violation of the antitrust laws has occurred, the relief
4		available to the plaintiffs shall be limited to an injunction
5		which enjoins the alleged activity.
6		Nothing in this Section is intended to prohibit or limit
7		any cause of action other than under an antitrust theory.
8		(Source: P.A. 84-1050; revised 8-7-19.)
9		(65 ILCS 5/10-1-7.1)
10		Sec. 10-1-7.1. Original appointments; full-time fire
11		department.
12		(a) Applicability. Unless a commission elects to follow
13		the provisions of Section 10-1-7.2, this Section shall apply
14		to all original appointments to an affected full-time fire
15		department. Existing registers of eligibles shall continue to
16		be valid until their expiration dates, or up to a maximum of 2
17		years after August 4, 2011 (the effective date of Public Act
18		97-251) this amendatory Act of the 97th General Assembly.
19		Notwithstanding any statute, ordinance, rule, or other law
20		to the contrary, all original appointments to an affected
21		department to which this Section applies shall be administered
22		in the manner provided for in this Section. Provisions of the
23		Illinois Municipal Code, municipal ordinances, and rules
24		adopted pursuant to such authority and other laws relating to
25		initial hiring of firefighters in affected departments shall

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1		continue to apply to the extent they are compatible with this
2		Section, but in the event of a conflict between this Section
3		and any other law, this Section shall control.
4		A home rule or non-home rule municipality may not
5		administer its fire department process for original
6		appointments in a manner that is less stringent than this
7		Section. This Section is a limitation under subsection (i) of
8		Section 6 of Article VII of the Illinois Constitution on the
9		concurrent exercise by home rule units of the powers and
10		functions exercised by the State.
11		A municipality that is operating under a court order or
12		consent decree regarding original appointments to a full-time
13		fire department before August 4, 2011 (the effective date of
14		Public Act 97-251) this amendatory Act of the 97th General
15		Assembly is exempt from the requirements of this Section for
16		the duration of the court order or consent decree.
17		Notwithstanding any other provision of this subsection
18		(a), this Section does not apply to a municipality with more
19		than 1,000,000 inhabitants.
20		(b) Original appointments. All original appointments made
21		to an affected fire department shall be made from a register of
22		eligibles established in accordance with the processes
23		established by this Section. Only persons who meet or exceed
24		the performance standards required by this Section shall be
25		placed on a register of eligibles for original appointment to
26		an affected fire department.

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1		Whenever an appointing authority authorizes action to hire
2		a person to perform the duties of a firefighter or to hire a
3		firefighter-paramedic to fill a position that is a new
4		position or vacancy due to resignation, discharge, promotion,
5		death, the granting of a disability or retirement pension, or
6		any other cause, the appointing authority shall appoint to
7		that position the person with the highest ranking on the final
8		eligibility list. If the appointing authority has reason to
9		conclude that the highest ranked person fails to meet the
10		minimum standards for the position or if the appointing
11		authority believes an alternate candidate would better serve
12		the needs of the department, then the appointing authority has
13		the right to pass over the highest ranked person and appoint
14		either: (i) any person who has a ranking in the top 5% of the
15		register of eligibles or (ii) any person who is among the top 5
16		highest ranked persons on the list of eligibles if the number
17		of people who have a ranking in the top 5% of the register of
18		eligibles is less than 5 people.
19		Any candidate may pass on an appointment once without
20		losing his or her position on the register of eligibles. Any
21		candidate who passes a second time may be removed from the list
22		by the appointing authority provided that such action shall
23		not prejudice a person's opportunities to participate in
24		future examinations, including an examination held during the
25		time a candidate is already on the municipality's register of
26		eligibles.

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1		The sole authority to issue certificates of appointment
2		shall be vested in the Civil Service Commission. All
3		certificates of appointment issued to any officer or member of
4		an affected department shall be signed by the chairperson and
5		secretary, respectively, of the commission upon appointment of
6		such officer or member to the affected department by the
7		commission. After being selected from the register of
8		eligibles to fill a vacancy in the affected department, each
9		appointee shall be presented with his or her certificate of
10		appointment on the day on which he or she is sworn in as a
11		classified member of the affected department. Firefighters who
12		were not issued a certificate of appointment when originally
13		appointed shall be provided with a certificate within 10 days
14		after making a written request to the chairperson of the Civil
15		Service Commission. Each person who accepts a certificate of
16		appointment and successfully completes his or her probationary
17		period shall be enrolled as a firefighter and as a regular
18		member of the fire department.
19		For the purposes of this Section, "firefighter" means any
20		person who has been prior to, on, or after August 4, 2011 (the
21		effective date of Public Act 97-251) this amendatory Act of
22		the 97th General Assembly appointed to a fire department or
23		fire protection district or employed by a State university and
24		sworn or commissioned to perform firefighter duties or
25		paramedic duties, or both, except that the following persons
26		are not included: part-time firefighters; auxiliary, reserve,

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1		or voluntary firefighters, including paid-on-call
2		firefighters; clerks and dispatchers or other civilian
3		employees of a fire department or fire protection district who
4		are not routinely expected to perform firefighter duties; and
5		elected officials.
6		(c) Qualification for placement on register of eligibles.
7		The purpose of establishing a register of eligibles is to
8		identify applicants who possess and demonstrate the mental
9		aptitude and physical ability to perform the duties required
10		of members of the fire department in order to provide the
11		highest quality of service to the public. To this end, all
12		applicants for original appointment to an affected fire
13		department shall be subject to examination and testing which
14		shall be public, competitive, and open to all applicants
15		unless the municipality shall by ordinance limit applicants to
16		residents of the municipality, county or counties in which the
17		municipality is located, State, or nation. Any examination and
18		testing procedure utilized under subsection (e) of this
19		Section shall be supported by appropriate validation evidence
20		and shall comply with all applicable State and federal laws.
21		Municipalities may establish educational, emergency medical
22		service licensure, and other prerequisites prerequites for
23		participation in an examination or for hire as a firefighter.
24		Any municipality may charge a fee to cover the costs of the
25		application process.
26		Residency requirements in effect at the time an individual

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1		enters the fire service of a municipality cannot be made more
2		restrictive for that individual during his or her period of
3		service for that municipality, or be made a condition of
4		promotion, except for the rank or position of fire chief and
5		for no more than 2 positions that rank immediately below that
6		of the chief rank which are appointed positions pursuant to
7		the Fire Department Promotion Act.
8		No person who is 35 years of age or older shall be eligible
9		to take an examination for a position as a firefighter unless
10		the person has had previous employment status as a firefighter
11		in the regularly constituted fire department of the
12		municipality, except as provided in this Section. The age
13		limitation does not apply to:
14		(1) any person previously employed as a full-time
15		firefighter in a regularly constituted fire department of
16		(i) any municipality or fire protection district located
17		in Illinois, (ii) a fire protection district whose
18		obligations were assumed by a municipality under Section
19		21 of the Fire Protection District Act, or (iii) a
20		municipality whose obligations were taken over by a fire
21		protection district,
22		(2) any person who has served a municipality as a
23		regularly enrolled volunteer, paid-on-call, or part-time
24		firefighter for the 5 years immediately preceding the time
25		that the municipality begins to use full-time firefighters
26		to provide all or part of its fire protection service, or

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1		(3) any person who turned 35 while serving as a member
2		of the active or reserve components of any of the branches
3		of the Armed Forces of the United States or the National
4		Guard of any state, whose service was characterized as
5		honorable or under honorable, if separated from the
6		military, and is currently under the age of 40.
7		No person who is under 21 years of age shall be eligible
8		for employment as a firefighter.
9		No applicant shall be examined concerning his or her
10		political or religious opinions or affiliations. The
11		examinations shall be conducted by the commissioners of the
12		municipality or their designees and agents.
13		No municipality shall require that any firefighter
14		appointed to the lowest rank serve a probationary employment
15		period of longer than one year of actual active employment,
16		which may exclude periods of training, or injury or illness
17		leaves, including duty related leave, in excess of 30 calendar
18		days. Notwithstanding anything to the contrary in this
19		Section, the probationary employment period limitation may be
20		extended for a firefighter who is required, as a condition of
21		employment, to be a licensed paramedic, during which time the
22		sole reason that a firefighter may be discharged without a
23		hearing is for failing to meet the requirements for paramedic
24		licensure.
25		In the event that any applicant who has been found
26		eligible for appointment and whose name has been placed upon

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1		the final eligibility register provided for in this Division 1
2		has not been appointed to a firefighter position within one
3		year after the date of his or her physical ability
4		examination, the commission may cause a second examination to
5		be made of that applicant's physical ability prior to his or
6		her appointment. If, after the second examination, the
7		physical ability of the applicant shall be found to be less
8		than the minimum standard fixed by the rules of the
9		commission, the applicant shall not be appointed. The
10		applicant's name may be retained upon the register of
11		candidates eligible for appointment and when next reached for
12		certification and appointment that applicant may be again
13		examined as provided in this Section, and if the physical
14		ability of that applicant is found to be less than the minimum
15		standard fixed by the rules of the commission, the applicant
16		shall not be appointed, and the name of the applicant shall be
17		removed from the register.
18		(d) Notice, examination, and testing components. Notice of
19		the time, place, general scope, merit criteria for any
20		subjective component, and fee of every examination shall be
21		given by the commission, by a publication at least 2 weeks
22		preceding the examination: (i) in one or more newspapers
23		published in the municipality, or if no newspaper is published
24		therein, then in one or more newspapers with a general
25		circulation within the municipality, or (ii) on the
26		municipality's Internet website. Additional notice of the

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1		examination may be given as the commission shall prescribe.
2		The examination and qualifying standards for employment of
3		firefighters shall be based on: mental aptitude, physical
4		ability, preferences, moral character, and health. The mental
5		aptitude, physical ability, and preference components shall
6		determine an applicant's qualification for and placement on
7		the final register of eligibles. The examination may also
8		include a subjective component based on merit criteria as
9		determined by the commission. Scores from the examination must
10		be made available to the public.
11		(e) Mental aptitude. No person who does not possess at
12		least a high school diploma or an equivalent high school
13		education shall be placed on a register of eligibles.
14		Examination of an applicant's mental aptitude shall be based
15		upon a written examination. The examination shall be practical
16		in character and relate to those matters that fairly test the
17		capacity of the persons examined to discharge the duties
18		performed by members of a fire department. Written
19		examinations shall be administered in a manner that ensures
20		the security and accuracy of the scores achieved.
21		(f) Physical ability. All candidates shall be required to
22		undergo an examination of their physical ability to perform
23		the essential functions included in the duties they may be
24		called upon to perform as a member of a fire department. For
25		the purposes of this Section, essential functions of the job
26		are functions associated with duties that a firefighter may be

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1		called upon to perform in response to emergency calls. The
2		frequency of the occurrence of those duties as part of the fire
3		department's regular routine shall not be a controlling factor
4		in the design of examination criteria or evolutions selected
5		for testing. These physical examinations shall be open,
6		competitive, and based on industry standards designed to test
7		each applicant's physical abilities in the following
8		dimensions:
9		(1) Muscular strength to perform tasks and evolutions
10		that may be required in the performance of duties
11		including grip strength, leg strength, and arm strength.
12		Tests shall be conducted under anaerobic as well as
13		aerobic conditions to test both the candidate's speed and
14		endurance in performing tasks and evolutions. Tasks tested
15		may be based on standards developed, or approved, by the
16		local appointing authority.
17		(2) The ability to climb ladders, operate from
18		heights, walk or crawl in the dark along narrow and uneven
19		surfaces, and operate in proximity to hazardous
20		environments.
21		(3) The ability to carry out critical, time-sensitive,
22		and complex problem solving during physical exertion in
23		stressful and hazardous environments. The testing
24		environment may be hot and dark with tightly enclosed
25		spaces, flashing lights, sirens, and other distractions.
26		The tests utilized to measure each applicant's

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1		capabilities in each of these dimensions may be tests based on
2		industry standards currently in use or equivalent tests
3		approved by the Joint Labor-Management Committee of the Office
4		of the State Fire Marshal.
5		Physical ability examinations administered under this
6		Section shall be conducted with a reasonable number of
7		proctors and monitors, open to the public, and subject to
8		reasonable regulations of the commission.
9		(g) Scoring of examination components. Appointing
10		authorities may create a preliminary eligibility register. A
11		person shall be placed on the list based upon his or her
12		passage of the written examination or the passage of the
13		written examination and the physical ability component.
14		Passage of the written examination means attaining the minimum
15		score set by the commission. Minimum scores should be set by
16		the commission so as to demonstrate a candidate's ability to
17		perform the essential functions of the job. The minimum score
18		set by the commission shall be supported by appropriate
19		validation evidence and shall comply with all applicable State
20		and federal laws. The appointing authority may conduct the
21		physical ability component and any subjective components
22		subsequent to the posting of the preliminary eligibility
23		register.
24		The examination components for an initial eligibility
25		register shall be graded on a 100-point scale. A person's
26		position on the list shall be determined by the following: (i)

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1		the person's score on the written examination, (ii) the person
2		successfully passing the physical ability component, and (iii)
3		the person's results on any subjective component as described
4		in subsection (d).
5		In order to qualify for placement on the final eligibility
6		register, an applicant's score on the written examination,
7		before any applicable preference points or subjective points
8		are applied, shall be at or above the minimum score set by the
9		commission. The local appointing authority may prescribe the
10		score to qualify for placement on the final eligibility
11		register, but the score shall not be less than the minimum
12		score set by the commission.
13		The commission shall prepare and keep a register of
14		persons whose total score is not less than the minimum score
15		for passage and who have passed the physical ability
16		examination. These persons shall take rank upon the register
17		as candidates in the order of their relative excellence based
18		on the highest to the lowest total points scored on the mental
19		aptitude, subjective component, and preference components of
20		the test administered in accordance with this Section. No more
21		than 60 days after each examination, an initial eligibility
22		list shall be posted by the commission. The list shall include
23		the final grades of the candidates without reference to
24		priority of the time of examination and subject to claim for
25		preference credit.
26		Commissions may conduct additional examinations, including

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1		without limitation a polygraph test, after a final eligibility
2		register is established and before it expires with the
3		candidates ranked by total score without regard to date of
4		examination. No more than 60 days after each examination, an
5		initial eligibility list shall be posted by the commission
6		showing the final grades of the candidates without reference
7		to priority of time of examination and subject to claim for
8		preference credit.
9		(h) Preferences. The following are preferences:
10		(1) Veteran preference. Persons who were engaged in
11		the military service of the United States for a period of
12		at least one year of active duty and who were honorably
13		discharged therefrom, or who are now or have been members
14		on inactive or reserve duty in such military or naval
15		service, shall be preferred for appointment to and
16		employment with the fire department of an affected
17		department.
18		(2) Fire cadet preference. Persons who have
19		successfully completed 2 years of study in fire techniques
20		or cadet training within a cadet program established under
21		the rules of the Joint Labor and Management Committee
22		(JLMC), as defined in Section 50 of the Fire Department
23		Promotion Act, may be preferred for appointment to and
24		employment with the fire department.
25		(3) Educational preference. Persons who have
26		successfully obtained an associate's degree in the field

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1		of fire service or emergency medical services, or a
2		bachelor's degree from an accredited college or university
3		may be preferred for appointment to and employment with
4		the fire department.
5		(4) Paramedic preference. Persons who have obtained a
6		license as a paramedic may be preferred for appointment to
7		and employment with the fire department of an affected
8		department providing emergency medical services.
9		(5) Experience preference. All persons employed by a
10		municipality who have been paid-on-call or part-time
11		certified Firefighter II, certified Firefighter III, State
12		of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
13		paramedic, or any combination of those capacities may be
14		awarded up to a maximum of 5 points. However, the
15		applicant may not be awarded more than 0.5 points for each
16		complete year of paid-on-call or part-time service.
17		Applicants from outside the municipality who were employed
18		as full-time firefighters or firefighter-paramedics by a
19		fire protection district or another municipality may be
20		awarded up to 5 experience preference points. However, the
21		applicant may not be awarded more than one point for each
22		complete year of full-time service.
23		Upon request by the commission, the governing body of
24		the municipality or in the case of applicants from outside
25		the municipality the governing body of any fire protection
26		district or any other municipality shall certify to the

SB2435 Enrolled - 736 - LRB102 04062 AMC 14078 b
1		commission, within 10 days after the request, the number
2		of years of successful paid-on-call, part-time, or
3		full-time service of any person. A candidate may not
4		receive the full amount of preference points under this
5		subsection if the amount of points awarded would place the
6		candidate before a veteran on the eligibility list. If
7		more than one candidate receiving experience preference
8		points is prevented from receiving all of their points due
9		to not being allowed to pass a veteran, the candidates
10		shall be placed on the list below the veteran in rank order
11		based on the totals received if all points under this
12		subsection were to be awarded. Any remaining ties on the
13		list shall be determined by lot.
14		(6) Residency preference. Applicants whose principal
15		residence is located within the fire department's
16		jurisdiction may be preferred for appointment to and
17		employment with the fire department.
18		(7) Additional preferences. Up to 5 additional
19		preference points may be awarded for unique categories
20		based on an applicant's experience or background as
21		identified by the commission.
22		(7.5) Apprentice preferences. A person who has
23		performed fire suppression service for a department as a
24		firefighter apprentice and otherwise meet the
25		qualifications for original appointment as a firefighter
26		specified in this Section may be awarded up to 20

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1		preference points. To qualify for preference points, an
2		applicant shall have completed a minimum of 600 hours of
3		fire suppression work on a regular shift for the affected
4		fire department over a 12-month period. The fire
5		suppression work must be in accordance with Section
6		10-1-14 of this Division and the terms established by a
7		Joint Apprenticeship Committee included in a collective
8		bargaining agreement agreed between the employer and its
9		certified bargaining agent. An eligible applicant must
10		apply to the Joint Apprenticeship Committee for preference
11		points under this item. The Joint Apprenticeship Committee
12		shall evaluate the merit of the applicant's performance,
13		determine the preference points to be awarded, and certify
14		the amount of points awarded to the commissioners. The
15		commissioners may add the certified preference points to
16		the final grades achieved by the applicant on the other
17		components of the examination.
18		(8) Scoring of preferences. The commission shall give
19		preference for original appointment to persons designated
20		in item (1) by adding to the final grade that they receive
21		5 points for the recognized preference achieved. The
22		commission may give preference for original appointment to
23		persons designated in item (7.5) by adding to the final
24		grade the amount of points designated by the Joint
25		Apprenticeship Committee as defined in item (7.5). The
26		commission shall determine the number of preference points

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1		for each category, except (1) and (7.5). The number of
2		preference points for each category shall range from 0 to
3		5, except item (7.5). In determining the number of
4		preference points, the commission shall prescribe that if
5		a candidate earns the maximum number of preference points
6		in all categories except item (7.5), that number may not
7		be less than 10 nor more than 30. The commission shall give
8		preference for original appointment to persons designated
9		in items (2) through (7) by adding the requisite number of
10		points to the final grade for each recognized preference
11		achieved. The numerical result thus attained shall be
12		applied by the commission in determining the final
13		eligibility list and appointment from the eligibility
14		list. The local appointing authority may prescribe the
15		total number of preference points awarded under this
16		Section, but the total number of preference points, except
17		item (7.5), shall not be less than 10 points or more than
18		30 points. Apprentice preference points may be added in
19		addition to other preference points awarded by the
20		commission.
21		No person entitled to any preference shall be required to
22		claim the credit before any examination held under the
23		provisions of this Section, but the preference shall be given
24		after the posting or publication of the initial eligibility
25		list or register at the request of a person entitled to a
26		credit before any certification or appointments are made from

SB2435 Enrolled - 739 - LRB102 04062 AMC 14078 b
1		the eligibility register, upon the furnishing of verifiable
2		evidence and proof of qualifying preference credit. Candidates
3		who are eligible for preference credit shall make a claim in
4		writing within 10 days after the posting of the initial
5		eligibility list, or the claim shall be deemed waived. Final
6		eligibility registers shall be established after the awarding
7		of verified preference points. However, apprentice preference
8		credit earned subsequent to the establishment of the final
9		eligibility register may be applied to the applicant's score
10		upon certification by the Joint Apprenticeship Committee to
11		the commission and the rank order of candidates on the final
12		eligibility register shall be adjusted accordingly. All
13		employment shall be subject to the commission's initial hire
14		background review including, but not limited to, criminal
15		history, employment history, moral character, oral
16		examination, and medical and psychological examinations, all
17		on a pass-fail basis. The medical and psychological
18		examinations must be conducted last, and may only be performed
19		after a conditional offer of employment has been extended.
20		Any person placed on an eligibility list who exceeds the
21		age requirement before being appointed to a fire department
22		shall remain eligible for appointment until the list is
23		abolished, or his or her name has been on the list for a period
24		of 2 years. No person who has attained the age of 35 years
25		shall be inducted into a fire department, except as otherwise
26		provided in this Section.

SB2435 Enrolled - 740 - LRB102 04062 AMC 14078 b
1		The commission shall strike off the names of candidates
2		for original appointment after the names have been on the list
3		for more than 2 years.
4		(i) Moral character. No person shall be appointed to a
5		fire department unless he or she is a person of good character;
6		not a habitual drunkard, a gambler, or a person who has been
7		convicted of a felony or a crime involving moral turpitude.
8		However, no person shall be disqualified from appointment to
9		the fire department because of the person's record of
10		misdemeanor convictions except those under Sections 11-6,
11		11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12		12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
13		31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
14		subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of
15		1961 or the Criminal Code of 2012, or arrest for any cause
16		without conviction thereon. Any such person who is in the
17		department may be removed on charges brought for violating
18		this subsection and after a trial as hereinafter provided.
19		A classifiable set of the fingerprints of every person who
20		is offered employment as a certificated member of an affected
21		fire department whether with or without compensation, shall be
22		furnished to the Illinois Department of State Police and to
23		the Federal Bureau of Investigation by the commission.
24		Whenever a commission is authorized or required by law to
25		consider some aspect of criminal history record information
26		for the purpose of carrying out its statutory powers and

SB2435 Enrolled - 741 - LRB102 04062 AMC 14078 b
1		responsibilities, then, upon request and payment of fees in
2		conformance with the requirements of Section 2605-400 of the
3		State Police Law of the Civil Administrative Code of Illinois,
4		the Department of State Police is authorized to furnish,
5		pursuant to positive identification, the information contained
6		in State files as is necessary to fulfill the request.
7		(j) Temporary appointments. In order to prevent a stoppage
8		of public business, to meet extraordinary exigencies, or to
9		prevent material impairment of the fire department, the
10		commission may make temporary appointments, to remain in force
11		only until regular appointments are made under the provisions
12		of this Division, but never to exceed 60 days. No temporary
13		appointment of any one person shall be made more than twice in
14		any calendar year.
15		(k) A person who knowingly divulges or receives test
16		questions or answers before a written examination, or
17		otherwise knowingly violates or subverts any requirement of
18		this Section, commits a violation of this Section and may be
19		subject to charges for official misconduct.
20		A person who is the knowing recipient of test information
21		in advance of the examination shall be disqualified from the
22		examination or discharged from the position to which he or she
23		was appointed, as applicable, and otherwise subjected to
24		disciplinary actions.
25		(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;
26		revised 11-26-19.)

SB2435 Enrolled - 742 - LRB102 04062 AMC 14078 b
1		(65 ILCS 5/10-1-48) (from Ch. 24, par. 10-1-48)
2		Sec. 10-1-48. This division is subject to the provisions
3		of the "The Illinois Police Training Act", approved August 18,
4		1965, as amended and the provisions of the "Illinois Fire
5		Protection Training Act", certified November 9, 1971.
6		Public Act 78-951 This amendatory Act of 1973 is not a
7		limit on any municipality which is a home rule unit.
8		(Source: P.A. 78-951; revised 8-8-19.)
9		(65 ILCS 5/10-2.1-6.3)
10		Sec. 10-2.1-6.3. Original appointments; full-time fire
11		department.
12		(a) Applicability. Unless a commission elects to follow
13		the provisions of Section 10-2.1-6.4, this Section shall apply
14		to all original appointments to an affected full-time fire
15		department. Existing registers of eligibles shall continue to
16		be valid until their expiration dates, or up to a maximum of 2
17		years after August 4, 2011 (the effective date of Public Act
18		97-251) this amendatory Act of the 97th General Assembly.
19		Notwithstanding any statute, ordinance, rule, or other law
20		to the contrary, all original appointments to an affected
21		department to which this Section applies shall be administered
22		in the manner provided for in this Section. Provisions of the
23		Illinois Municipal Code, municipal ordinances, and rules
24		adopted pursuant to such authority and other laws relating to

SB2435 Enrolled - 743 - LRB102 04062 AMC 14078 b
1		initial hiring of firefighters in affected departments shall
2		continue to apply to the extent they are compatible with this
3		Section, but in the event of a conflict between this Section
4		and any other law, this Section shall control.
5		A home rule or non-home rule municipality may not
6		administer its fire department process for original
7		appointments in a manner that is less stringent than this
8		Section. This Section is a limitation under subsection (i) of
9		Section 6 of Article VII of the Illinois Constitution on the
10		concurrent exercise by home rule units of the powers and
11		functions exercised by the State.
12		A municipality that is operating under a court order or
13		consent decree regarding original appointments to a full-time
14		fire department before August 4, 2011 (the effective date of
15		Public Act 97-251) this amendatory Act of the 97th General
16		Assembly is exempt from the requirements of this Section for
17		the duration of the court order or consent decree.
18		Notwithstanding any other provision of this subsection
19		(a), this Section does not apply to a municipality with more
20		than 1,000,000 inhabitants.
21		(b) Original appointments. All original appointments made
22		to an affected fire department shall be made from a register of
23		eligibles established in accordance with the processes
24		established by this Section. Only persons who meet or exceed
25		the performance standards required by this Section shall be
26		placed on a register of eligibles for original appointment to

SB2435 Enrolled - 744 - LRB102 04062 AMC 14078 b
1		an affected fire department.
2		Whenever an appointing authority authorizes action to hire
3		a person to perform the duties of a firefighter or to hire a
4		firefighter-paramedic to fill a position that is a new
5		position or vacancy due to resignation, discharge, promotion,
6		death, the granting of a disability or retirement pension, or
7		any other cause, the appointing authority shall appoint to
8		that position the person with the highest ranking on the final
9		eligibility list. If the appointing authority has reason to
10		conclude that the highest ranked person fails to meet the
11		minimum standards for the position or if the appointing
12		authority believes an alternate candidate would better serve
13		the needs of the department, then the appointing authority has
14		the right to pass over the highest ranked person and appoint
15		either: (i) any person who has a ranking in the top 5% of the
16		register of eligibles or (ii) any person who is among the top 5
17		highest ranked persons on the list of eligibles if the number
18		of people who have a ranking in the top 5% of the register of
19		eligibles is less than 5 people.
20		Any candidate may pass on an appointment once without
21		losing his or her position on the register of eligibles. Any
22		candidate who passes a second time may be removed from the list
23		by the appointing authority provided that such action shall
24		not prejudice a person's opportunities to participate in
25		future examinations, including an examination held during the
26		time a candidate is already on the municipality's register of

SB2435 Enrolled - 745 - LRB102 04062 AMC 14078 b
1		eligibles.
2		The sole authority to issue certificates of appointment
3		shall be vested in the board of fire and police commissioners.
4		All certificates of appointment issued to any officer or
5		member of an affected department shall be signed by the
6		chairperson and secretary, respectively, of the board upon
7		appointment of such officer or member to the affected
8		department by action of the board. After being selected from
9		the register of eligibles to fill a vacancy in the affected
10		department, each appointee shall be presented with his or her
11		certificate of appointment on the day on which he or she is
12		sworn in as a classified member of the affected department.
13		Firefighters who were not issued a certificate of appointment
14		when originally appointed shall be provided with a certificate
15		within 10 days after making a written request to the
16		chairperson of the board of fire and police commissioners.
17		Each person who accepts a certificate of appointment and
18		successfully completes his or her probationary period shall be
19		enrolled as a firefighter and as a regular member of the fire
20		department.
21		For the purposes of this Section, "firefighter" means any
22		person who has been prior to, on, or after August 4, 2011 (the
23		effective date of Public Act 97-251) this amendatory Act of
24		the 97th General Assembly appointed to a fire department or
25		fire protection district or employed by a State university and
26		sworn or commissioned to perform firefighter duties or

SB2435 Enrolled - 746 - LRB102 04062 AMC 14078 b
1		paramedic duties, or both, except that the following persons
2		are not included: part-time firefighters; auxiliary, reserve,
3		or voluntary firefighters, including paid-on-call
4		firefighters; clerks and dispatchers or other civilian
5		employees of a fire department or fire protection district who
6		are not routinely expected to perform firefighter duties; and
7		elected officials.
8		(c) Qualification for placement on register of eligibles.
9		The purpose of establishing a register of eligibles is to
10		identify applicants who possess and demonstrate the mental
11		aptitude and physical ability to perform the duties required
12		of members of the fire department in order to provide the
13		highest quality of service to the public. To this end, all
14		applicants for original appointment to an affected fire
15		department shall be subject to examination and testing which
16		shall be public, competitive, and open to all applicants
17		unless the municipality shall by ordinance limit applicants to
18		residents of the municipality, county or counties in which the
19		municipality is located, State, or nation. Any examination and
20		testing procedure utilized under subsection (e) of this
21		Section shall be supported by appropriate validation evidence
22		and shall comply with all applicable State and federal laws.
23		Municipalities may establish educational, emergency medical
24		service licensure, and other prerequisites prerequites for
25		participation in an examination or for hire as a firefighter.
26		Any municipality may charge a fee to cover the costs of the

SB2435 Enrolled - 747 - LRB102 04062 AMC 14078 b
1		application process.
2		Residency requirements in effect at the time an individual
3		enters the fire service of a municipality cannot be made more
4		restrictive for that individual during his or her period of
5		service for that municipality, or be made a condition of
6		promotion, except for the rank or position of fire chief and
7		for no more than 2 positions that rank immediately below that
8		of the chief rank which are appointed positions pursuant to
9		the Fire Department Promotion Act.
10		No person who is 35 years of age or older shall be eligible
11		to take an examination for a position as a firefighter unless
12		the person has had previous employment status as a firefighter
13		in the regularly constituted fire department of the
14		municipality, except as provided in this Section. The age
15		limitation does not apply to:
16		(1) any person previously employed as a full-time
17		firefighter in a regularly constituted fire department of
18		(i) any municipality or fire protection district located
19		in Illinois, (ii) a fire protection district whose
20		obligations were assumed by a municipality under Section
21		21 of the Fire Protection District Act, or (iii) a
22		municipality whose obligations were taken over by a fire
23		protection district,
24		(2) any person who has served a municipality as a
25		regularly enrolled volunteer, paid-on-call, or part-time
26		firefighter for the 5 years immediately preceding the time

SB2435 Enrolled - 748 - LRB102 04062 AMC 14078 b
1		that the municipality begins to use full-time firefighters
2		to provide all or part of its fire protection service, or
3		(3) any person who turned 35 while serving as a member
4		of the active or reserve components of any of the branches
5		of the Armed Forces of the United States or the National
6		Guard of any state, whose service was characterized as
7		honorable or under honorable, if separated from the
8		military, and is currently under the age of 40.
9		No person who is under 21 years of age shall be eligible
10		for employment as a firefighter.
11		No applicant shall be examined concerning his or her
12		political or religious opinions or affiliations. The
13		examinations shall be conducted by the commissioners of the
14		municipality or their designees and agents.
15		No municipality shall require that any firefighter
16		appointed to the lowest rank serve a probationary employment
17		period of longer than one year of actual active employment,
18		which may exclude periods of training, or injury or illness
19		leaves, including duty related leave, in excess of 30 calendar
20		days. Notwithstanding anything to the contrary in this
21		Section, the probationary employment period limitation may be
22		extended for a firefighter who is required, as a condition of
23		employment, to be a licensed paramedic, during which time the
24		sole reason that a firefighter may be discharged without a
25		hearing is for failing to meet the requirements for paramedic
26		licensure.

SB2435 Enrolled - 749 - LRB102 04062 AMC 14078 b
1		In the event that any applicant who has been found
2		eligible for appointment and whose name has been placed upon
3		the final eligibility register provided for in this Section
4		has not been appointed to a firefighter position within one
5		year after the date of his or her physical ability
6		examination, the commission may cause a second examination to
7		be made of that applicant's physical ability prior to his or
8		her appointment. If, after the second examination, the
9		physical ability of the applicant shall be found to be less
10		than the minimum standard fixed by the rules of the
11		commission, the applicant shall not be appointed. The
12		applicant's name may be retained upon the register of
13		candidates eligible for appointment and when next reached for
14		certification and appointment that applicant may be again
15		examined as provided in this Section, and if the physical
16		ability of that applicant is found to be less than the minimum
17		standard fixed by the rules of the commission, the applicant
18		shall not be appointed, and the name of the applicant shall be
19		removed from the register.
20		(d) Notice, examination, and testing components. Notice of
21		the time, place, general scope, merit criteria for any
22		subjective component, and fee of every examination shall be
23		given by the commission, by a publication at least 2 weeks
24		preceding the examination: (i) in one or more newspapers
25		published in the municipality, or if no newspaper is published
26		therein, then in one or more newspapers with a general

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1		circulation within the municipality, or (ii) on the
2		municipality's Internet website. Additional notice of the
3		examination may be given as the commission shall prescribe.
4		The examination and qualifying standards for employment of
5		firefighters shall be based on: mental aptitude, physical
6		ability, preferences, moral character, and health. The mental
7		aptitude, physical ability, and preference components shall
8		determine an applicant's qualification for and placement on
9		the final register of eligibles. The examination may also
10		include a subjective component based on merit criteria as
11		determined by the commission. Scores from the examination must
12		be made available to the public.
13		(e) Mental aptitude. No person who does not possess at
14		least a high school diploma or an equivalent high school
15		education shall be placed on a register of eligibles.
16		Examination of an applicant's mental aptitude shall be based
17		upon a written examination. The examination shall be practical
18		in character and relate to those matters that fairly test the
19		capacity of the persons examined to discharge the duties
20		performed by members of a fire department. Written
21		examinations shall be administered in a manner that ensures
22		the security and accuracy of the scores achieved.
23		(f) Physical ability. All candidates shall be required to
24		undergo an examination of their physical ability to perform
25		the essential functions included in the duties they may be
26		called upon to perform as a member of a fire department. For

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1		the purposes of this Section, essential functions of the job
2		are functions associated with duties that a firefighter may be
3		called upon to perform in response to emergency calls. The
4		frequency of the occurrence of those duties as part of the fire
5		department's regular routine shall not be a controlling factor
6		in the design of examination criteria or evolutions selected
7		for testing. These physical examinations shall be open,
8		competitive, and based on industry standards designed to test
9		each applicant's physical abilities in the following
10		dimensions:
11		(1) Muscular strength to perform tasks and evolutions
12		that may be required in the performance of duties
13		including grip strength, leg strength, and arm strength.
14		Tests shall be conducted under anaerobic as well as
15		aerobic conditions to test both the candidate's speed and
16		endurance in performing tasks and evolutions. Tasks tested
17		may be based on standards developed, or approved, by the
18		local appointing authority.
19		(2) The ability to climb ladders, operate from
20		heights, walk or crawl in the dark along narrow and uneven
21		surfaces, and operate in proximity to hazardous
22		environments.
23		(3) The ability to carry out critical, time-sensitive,
24		and complex problem solving during physical exertion in
25		stressful and hazardous environments. The testing
26		environment may be hot and dark with tightly enclosed

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1		spaces, flashing lights, sirens, and other distractions.
2		The tests utilized to measure each applicant's
3		capabilities in each of these dimensions may be tests based on
4		industry standards currently in use or equivalent tests
5		approved by the Joint Labor-Management Committee of the Office
6		of the State Fire Marshal.
7		Physical ability examinations administered under this
8		Section shall be conducted with a reasonable number of
9		proctors and monitors, open to the public, and subject to
10		reasonable regulations of the commission.
11		(g) Scoring of examination components. Appointing
12		authorities may create a preliminary eligibility register. A
13		person shall be placed on the list based upon his or her
14		passage of the written examination or the passage of the
15		written examination and the physical ability component.
16		Passage of the written examination means attaining the minimum
17		score set by the commission. Minimum scores should be set by
18		the commission so as to demonstrate a candidate's ability to
19		perform the essential functions of the job. The minimum score
20		set by the commission shall be supported by appropriate
21		validation evidence and shall comply with all applicable State
22		and federal laws. The appointing authority may conduct the
23		physical ability component and any subjective components
24		subsequent to the posting of the preliminary eligibility
25		register.
26		The examination components for an initial eligibility

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1		register shall be graded on a 100-point scale. A person's
2		position on the list shall be determined by the following: (i)
3		the person's score on the written examination, (ii) the person
4		successfully passing the physical ability component, and (iii)
5		the person's results on any subjective component as described
6		in subsection (d).
7		In order to qualify for placement on the final eligibility
8		register, an applicant's score on the written examination,
9		before any applicable preference points or subjective points
10		are applied, shall be at or above the minimum score as set by
11		the commission. The local appointing authority may prescribe
12		the score to qualify for placement on the final eligibility
13		register, but the score shall not be less than the minimum
14		score set by the commission.
15		The commission shall prepare and keep a register of
16		persons whose total score is not less than the minimum score
17		for passage and who have passed the physical ability
18		examination. These persons shall take rank upon the register
19		as candidates in the order of their relative excellence based
20		on the highest to the lowest total points scored on the mental
21		aptitude, subjective component, and preference components of
22		the test administered in accordance with this Section. No more
23		than 60 days after each examination, an initial eligibility
24		list shall be posted by the commission. The list shall include
25		the final grades of the candidates without reference to
26		priority of the time of examination and subject to claim for

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1		preference credit.
2		Commissions may conduct additional examinations, including
3		without limitation a polygraph test, after a final eligibility
4		register is established and before it expires with the
5		candidates ranked by total score without regard to date of
6		examination. No more than 60 days after each examination, an
7		initial eligibility list shall be posted by the commission
8		showing the final grades of the candidates without reference
9		to priority of time of examination and subject to claim for
10		preference credit.
11		(h) Preferences. The following are preferences:
12		(1) Veteran preference. Persons who were engaged in
13		the military service of the United States for a period of
14		at least one year of active duty and who were honorably
15		discharged therefrom, or who are now or have been members
16		on inactive or reserve duty in such military or naval
17		service, shall be preferred for appointment to and
18		employment with the fire department of an affected
19		department.
20		(2) Fire cadet preference. Persons who have
21		successfully completed 2 years of study in fire techniques
22		or cadet training within a cadet program established under
23		the rules of the Joint Labor and Management Committee
24		(JLMC), as defined in Section 50 of the Fire Department
25		Promotion Act, may be preferred for appointment to and
26		employment with the fire department.

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1		(3) Educational preference. Persons who have
2		successfully obtained an associate's degree in the field
3		of fire service or emergency medical services, or a
4		bachelor's degree from an accredited college or university
5		may be preferred for appointment to and employment with
6		the fire department.
7		(4) Paramedic preference. Persons who have obtained a
8		license as a paramedic shall be preferred for appointment
9		to and employment with the fire department of an affected
10		department providing emergency medical services.
11		(5) Experience preference. All persons employed by a
12		municipality who have been paid-on-call or part-time
13		certified Firefighter II, State of Illinois or nationally
14		licensed EMT, EMT-I, A-EMT, or any combination of those
15		capacities shall be awarded 0.5 point for each year of
16		successful service in one or more of those capacities, up
17		to a maximum of 5 points. Certified Firefighter III and
18		State of Illinois or nationally licensed paramedics shall
19		be awarded one point per year up to a maximum of 5 points.
20		Applicants from outside the municipality who were employed
21		as full-time firefighters or firefighter-paramedics by a
22		fire protection district or another municipality for at
23		least 2 years shall be awarded 5 experience preference
24		points. These additional points presuppose a rating scale
25		totaling 100 points available for the eligibility list. If
26		more or fewer points are used in the rating scale for the

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1		eligibility list, the points awarded under this subsection
2		shall be increased or decreased by a factor equal to the
3		total possible points available for the examination
4		divided by 100.
5		Upon request by the commission, the governing body of
6		the municipality or in the case of applicants from outside
7		the municipality the governing body of any fire protection
8		district or any other municipality shall certify to the
9		commission, within 10 days after the request, the number
10		of years of successful paid-on-call, part-time, or
11		full-time service of any person. A candidate may not
12		receive the full amount of preference points under this
13		subsection if the amount of points awarded would place the
14		candidate before a veteran on the eligibility list. If
15		more than one candidate receiving experience preference
16		points is prevented from receiving all of their points due
17		to not being allowed to pass a veteran, the candidates
18		shall be placed on the list below the veteran in rank order
19		based on the totals received if all points under this
20		subsection were to be awarded. Any remaining ties on the
21		list shall be determined by lot.
22		(6) Residency preference. Applicants whose principal
23		residence is located within the fire department's
24		jurisdiction shall be preferred for appointment to and
25		employment with the fire department.
26		(7) Additional preferences. Up to 5 additional

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1		preference points may be awarded for unique categories
2		based on an applicant's experience or background as
3		identified by the commission.
4		(7.5) Apprentice preferences. A person who has
5		performed fire suppression service for a department as a
6		firefighter apprentice and otherwise meet the
7		qualifications for original appointment as a firefighter
8		specified in this Section are eligible to be awarded up to
9		20 preference points. To qualify for preference points, an
10		applicant shall have completed a minimum of 600 hours of
11		fire suppression work on a regular shift for the affected
12		fire department over a 12-month period. The fire
13		suppression work must be in accordance with Section
14		10-2.1-4 of this Division and the terms established by a
15		Joint Apprenticeship Committee included in a collective
16		bargaining agreement agreed between the employer and its
17		certified bargaining agent. An eligible applicant must
18		apply to the Joint Apprenticeship Committee for preference
19		points under this item. The Joint Apprenticeship Committee
20		shall evaluate the merit of the applicant's performance,
21		determine the preference points to be awarded, and certify
22		the amount of points awarded to the commissioners. The
23		commissioners may add the certified preference points to
24		the final grades achieved by the applicant on the other
25		components of the examination.
26		(8) Scoring of preferences. The commission may give

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1		preference for original appointment to persons designated
2		in item (1) by adding to the final grade that they receive
3		5 points for the recognized preference achieved. The
4		commission may give preference for original appointment to
5		persons designated in item (7.5) by adding to the final
6		grade the amount of points designated by the Joint
7		Apprenticeship Committee as defined in item (7.5). The
8		commission shall determine the number of preference points
9		for each category, except (1) and (7.5). The number of
10		preference points for each category shall range from 0 to
11		5, except item (7.5). In determining the number of
12		preference points, the commission shall prescribe that if
13		a candidate earns the maximum number of preference points
14		in all categories except item (7.5), that number may not
15		be less than 10 nor more than 30. The commission shall give
16		preference for original appointment to persons designated
17		in items (2) through (7) by adding the requisite number of
18		points to the final grade for each recognized preference
19		achieved. The numerical result thus attained shall be
20		applied by the commission in determining the final
21		eligibility list and appointment from the eligibility
22		list. The local appointing authority may prescribe the
23		total number of preference points awarded under this
24		Section, but the total number of preference points, except
25		item (7.5), shall not be less than 10 points or more than
26		30 points. Apprentice preference points may be added in

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1		addition to other preference points awarded by the
2		commission.
3		No person entitled to any preference shall be required to
4		claim the credit before any examination held under the
5		provisions of this Section, but the preference may be given
6		after the posting or publication of the initial eligibility
7		list or register at the request of a person entitled to a
8		credit before any certification or appointments are made from
9		the eligibility register, upon the furnishing of verifiable
10		evidence and proof of qualifying preference credit. Candidates
11		who are eligible for preference credit may make a claim in
12		writing within 10 days after the posting of the initial
13		eligibility list, or the claim may be deemed waived. Final
14		eligibility registers may be established after the awarding of
15		verified preference points. However, apprentice preference
16		credit earned subsequent to the establishment of the final
17		eligibility register may be applied to the applicant's score
18		upon certification by the Joint Apprenticeship Committee to
19		the commission and the rank order of candidates on the final
20		eligibility register shall be adjusted accordingly. All
21		employment shall be subject to the commission's initial hire
22		background review, including, but not limited to, criminal
23		history, employment history, moral character, oral
24		examination, and medical and psychological examinations, all
25		on a pass-fail basis. The medical and psychological
26		examinations must be conducted last, and may only be performed

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1		after a conditional offer of employment has been extended.
2		Any person placed on an eligibility list who exceeds the
3		age requirement before being appointed to a fire department
4		shall remain eligible for appointment until the list is
5		abolished, or his or her name has been on the list for a period
6		of 2 years. No person who has attained the age of 35 years
7		shall be inducted into a fire department, except as otherwise
8		provided in this Section.
9		The commission shall strike off the names of candidates
10		for original appointment after the names have been on the list
11		for more than 2 years.
12		(i) Moral character. No person shall be appointed to a
13		fire department unless he or she is a person of good character;
14		not a habitual drunkard, a gambler, or a person who has been
15		convicted of a felony or a crime involving moral turpitude.
16		However, no person shall be disqualified from appointment to
17		the fire department because of the person's record of
18		misdemeanor convictions except those under Sections 11-6,
19		11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
20		12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
21		31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
22		subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of
23		1961 or the Criminal Code of 2012, or arrest for any cause
24		without conviction thereon. Any such person who is in the
25		department may be removed on charges brought for violating
26		this subsection and after a trial as hereinafter provided.

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1		A classifiable set of the fingerprints of every person who
2		is offered employment as a certificated member of an affected
3		fire department whether with or without compensation, shall be
4		furnished to the Illinois Department of State Police and to
5		the Federal Bureau of Investigation by the commission.
6		Whenever a commission is authorized or required by law to
7		consider some aspect of criminal history record information
8		for the purpose of carrying out its statutory powers and
9		responsibilities, then, upon request and payment of fees in
10		conformance with the requirements of Section 2605-400 of the
11		State Police Law of the Civil Administrative Code of Illinois,
12		the Department of State Police is authorized to furnish,
13		pursuant to positive identification, the information contained
14		in State files as is necessary to fulfill the request.
15		(j) Temporary appointments. In order to prevent a stoppage
16		of public business, to meet extraordinary exigencies, or to
17		prevent material impairment of the fire department, the
18		commission may make temporary appointments, to remain in force
19		only until regular appointments are made under the provisions
20		of this Division, but never to exceed 60 days. No temporary
21		appointment of any one person shall be made more than twice in
22		any calendar year.
23		(k) A person who knowingly divulges or receives test
24		questions or answers before a written examination, or
25		otherwise knowingly violates or subverts any requirement of
26		this Section, commits a violation of this Section and may be

SB2435 Enrolled - 762 - LRB102 04062 AMC 14078 b
1		subject to charges for official misconduct.
2		A person who is the knowing recipient of test information
3		in advance of the examination shall be disqualified from the
4		examination or discharged from the position to which he or she
5		was appointed, as applicable, and otherwise subjected to
6		disciplinary actions.
7		(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;
8		revised 11-26-19.)
9		(65 ILCS 5/11-74.4-8) (from Ch. 24, par. 11-74.4-8)
10		Sec. 11-74.4-8. Tax increment allocation financing. A
11		municipality may not adopt tax increment financing in a
12		redevelopment project area after July 30, 1997 (the effective
13		date of Public Act 90-258) this amendatory Act of 1997 that
14		will encompass an area that is currently included in an
15		enterprise zone created under the Illinois Enterprise Zone Act
16		unless that municipality, pursuant to Section 5.4 of the
17		Illinois Enterprise Zone Act, amends the enterprise zone
18		designating ordinance to limit the eligibility for tax
19		abatements as provided in Section 5.4.1 of the Illinois
20		Enterprise Zone Act. A municipality, at the time a
21		redevelopment project area is designated, may adopt tax
22		increment allocation financing by passing an ordinance
23		providing that the ad valorem taxes, if any, arising from the
24		levies upon taxable real property in such redevelopment
25		project area by taxing districts and tax rates determined in

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1		the manner provided in paragraph (c) of Section 11-74.4-9 each
2		year after the effective date of the ordinance until
3		redevelopment project costs and all municipal obligations
4		financing redevelopment project costs incurred under this
5		Division have been paid shall be divided as follows, provided,
6		however, that with respect to any redevelopment project area
7		located within a transit facility improvement area established
8		pursuant to Section 11-74.4-3.3 in a municipality with a
9		population of 1,000,000 or more, ad valorem taxes, if any,
10		arising from the levies upon taxable real property in such
11		redevelopment project area shall be allocated as specifically
12		provided in this Section:
13		(a) That portion of taxes levied upon each taxable
14		lot, block, tract, or parcel of real property which is
15		attributable to the lower of the current equalized
16		assessed value or the initial equalized assessed value of
17		each such taxable lot, block, tract, or parcel of real
18		property in the redevelopment project area shall be
19		allocated to and when collected shall be paid by the
20		county collector to the respective affected taxing
21		districts in the manner required by law in the absence of
22		the adoption of tax increment allocation financing.
23		(b) Except from a tax levied by a township to retire
24		bonds issued to satisfy court-ordered damages, that
25		portion, if any, of such taxes which is attributable to
26		the increase in the current equalized assessed valuation

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1		of each taxable lot, block, tract, or parcel of real
2		property in the redevelopment project area over and above
3		the initial equalized assessed value of each property in
4		the project area shall be allocated to and when collected
5		shall be paid to the municipal treasurer who shall deposit
6		said taxes into a special fund called the special tax
7		allocation fund of the municipality for the purpose of
8		paying redevelopment project costs and obligations
9		incurred in the payment thereof. In any county with a
10		population of 3,000,000 or more that has adopted a
11		procedure for collecting taxes that provides for one or
12		more of the installments of the taxes to be billed and
13		collected on an estimated basis, the municipal treasurer
14		shall be paid for deposit in the special tax allocation
15		fund of the municipality, from the taxes collected from
16		estimated bills issued for property in the redevelopment
17		project area, the difference between the amount actually
18		collected from each taxable lot, block, tract, or parcel
19		of real property within the redevelopment project area and
20		an amount determined by multiplying the rate at which
21		taxes were last extended against the taxable lot, block,
22		tract track, or parcel of real property in the manner
23		provided in subsection (c) of Section 11-74.4-9 by the
24		initial equalized assessed value of the property divided
25		by the number of installments in which real estate taxes
26		are billed and collected within the county; provided that

SB2435 Enrolled - 765 - LRB102 04062 AMC 14078 b
1		the payments on or before December 31, 1999 to a municipal
2		treasurer shall be made only if each of the following
3		conditions are met:
4		(1) The total equalized assessed value of the
5		redevelopment project area as last determined was not
6		less than 175% of the total initial equalized assessed
7		value.
8		(2) Not more than 50% of the total equalized
9		assessed value of the redevelopment project area as
10		last determined is attributable to a piece of property
11		assigned a single real estate index number.
12		(3) The municipal clerk has certified to the
13		county clerk that the municipality has issued its
14		obligations to which there has been pledged the
15		incremental property taxes of the redevelopment
16		project area or taxes levied and collected on any or
17		all property in the municipality or the full faith and
18		credit of the municipality to pay or secure payment
19		for all or a portion of the redevelopment project
20		costs. The certification shall be filed annually no
21		later than September 1 for the estimated taxes to be
22		distributed in the following year; however, for the
23		year 1992 the certification shall be made at any time
24		on or before March 31, 1992.
25		(4) The municipality has not requested that the
26		total initial equalized assessed value of real

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1		property be adjusted as provided in subsection (b) of
2		Section 11-74.4-9.
3		The conditions of paragraphs (1) through (4) do not
4		apply after December 31, 1999 to payments to a municipal
5		treasurer made by a county with 3,000,000 or more
6		inhabitants that has adopted an estimated billing
7		procedure for collecting taxes. If a county that has
8		adopted the estimated billing procedure makes an erroneous
9		overpayment of tax revenue to the municipal treasurer,
10		then the county may seek a refund of that overpayment. The
11		county shall send the municipal treasurer a notice of
12		liability for the overpayment on or before the mailing
13		date of the next real estate tax bill within the county.
14		The refund shall be limited to the amount of the
15		overpayment.
16		It is the intent of this Division that after July 29,
17		1988 (the effective date of Public Act 85-1142) this
18		amendatory Act of 1988 a municipality's own ad valorem tax
19		arising from levies on taxable real property be included
20		in the determination of incremental revenue in the manner
21		provided in paragraph (c) of Section 11-74.4-9. If the
22		municipality does not extend such a tax, it shall annually
23		deposit in the municipality's Special Tax Increment Fund
24		an amount equal to 10% of the total contributions to the
25		fund from all other taxing districts in that year. The
26		annual 10% deposit required by this paragraph shall be

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1		limited to the actual amount of municipally produced
2		incremental tax revenues available to the municipality
3		from taxpayers located in the redevelopment project area
4		in that year if: (a) the plan for the area restricts the
5		use of the property primarily to industrial purposes, (b)
6		the municipality establishing the redevelopment project
7		area is a home rule home-rule community with a 1990
8		population of between 25,000 and 50,000, (c) the
9		municipality is wholly located within a county with a 1990
10		population of over 750,000 and (d) the redevelopment
11		project area was established by the municipality prior to
12		June 1, 1990. This payment shall be in lieu of a
13		contribution of ad valorem taxes on real property. If no
14		such payment is made, any redevelopment project area of
15		the municipality shall be dissolved.
16		If a municipality has adopted tax increment allocation
17		financing by ordinance and the County Clerk thereafter
18		certifies the "total initial equalized assessed value as
19		adjusted" of the taxable real property within such
20		redevelopment project area in the manner provided in
21		paragraph (b) of Section 11-74.4-9, each year after the
22		date of the certification of the total initial equalized
23		assessed value as adjusted until redevelopment project
24		costs and all municipal obligations financing
25		redevelopment project costs have been paid the ad valorem
26		taxes, if any, arising from the levies upon the taxable

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1		real property in such redevelopment project area by taxing
2		districts and tax rates determined in the manner provided
3		in paragraph (c) of Section 11-74.4-9 shall be divided as
4		follows, provided, however, that with respect to any
5		redevelopment project area located within a transit
6		facility improvement area established pursuant to Section
7		11-74.4-3.3 in a municipality with a population of
8		1,000,000 or more, ad valorem taxes, if any, arising from
9		the levies upon the taxable real property in such
10		redevelopment project area shall be allocated as
11		specifically provided in this Section:
12		(1) That portion of the taxes levied upon each
13		taxable lot, block, tract, or parcel of real property
14		which is attributable to the lower of the current
15		equalized assessed value or "current equalized
16		assessed value as adjusted" or the initial equalized
17		assessed value of each such taxable lot, block, tract,
18		or parcel of real property existing at the time tax
19		increment financing was adopted, minus the total
20		current homestead exemptions under Article 15 of the
21		Property Tax Code in the redevelopment project area
22		shall be allocated to and when collected shall be paid
23		by the county collector to the respective affected
24		taxing districts in the manner required by law in the
25		absence of the adoption of tax increment allocation
26		financing.

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1		(2) That portion, if any, of such taxes which is
2		attributable to the increase in the current equalized
3		assessed valuation of each taxable lot, block, tract,
4		or parcel of real property in the redevelopment
5		project area, over and above the initial equalized
6		assessed value of each property existing at the time
7		tax increment financing was adopted, minus the total
8		current homestead exemptions pertaining to each piece
9		of property provided by Article 15 of the Property Tax
10		Code in the redevelopment project area, shall be
11		allocated to and when collected shall be paid to the
12		municipal Treasurer, who shall deposit said taxes into
13		a special fund called the special tax allocation fund
14		of the municipality for the purpose of paying
15		redevelopment project costs and obligations incurred
16		in the payment thereof.
17		The municipality may pledge in the ordinance the funds
18		in and to be deposited in the special tax allocation fund
19		for the payment of such costs and obligations. No part of
20		the current equalized assessed valuation of each property
21		in the redevelopment project area attributable to any
22		increase above the total initial equalized assessed value,
23		or the total initial equalized assessed value as adjusted,
24		of such properties shall be used in calculating the
25		general State aid formula, provided for in Section 18-8 of
26		the School Code, or the evidence-based funding formula,

SB2435 Enrolled - 770 - LRB102 04062 AMC 14078 b
1		provided for in Section 18-8.15 of the School Code, until
2		such time as all redevelopment project costs have been
3		paid as provided for in this Section.
4		Whenever a municipality issues bonds for the purpose
5		of financing redevelopment project costs, such
6		municipality may provide by ordinance for the appointment
7		of a trustee, which may be any trust company within the
8		State, and for the establishment of such funds or accounts
9		to be maintained by such trustee as the municipality shall
10		deem necessary to provide for the security and payment of
11		the bonds. If such municipality provides for the
12		appointment of a trustee, such trustee shall be considered
13		the assignee of any payments assigned by the municipality
14		pursuant to such ordinance and this Section. Any amounts
15		paid to such trustee as assignee shall be deposited in the
16		funds or accounts established pursuant to such trust
17		agreement, and shall be held by such trustee in trust for
18		the benefit of the holders of the bonds, and such holders
19		shall have a lien on and a security interest in such funds
20		or accounts so long as the bonds remain outstanding and
21		unpaid. Upon retirement of the bonds, the trustee shall
22		pay over any excess amounts held to the municipality for
23		deposit in the special tax allocation fund.
24		When such redevelopment projects costs, including,
25		without limitation, all municipal obligations financing
26		redevelopment project costs incurred under this Division,

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1		have been paid, all surplus funds then remaining in the
2		special tax allocation fund shall be distributed by being
3		paid by the municipal treasurer to the Department of
4		Revenue, the municipality and the county collector; first
5		to the Department of Revenue and the municipality in
6		direct proportion to the tax incremental revenue received
7		from the State and the municipality, but not to exceed the
8		total incremental revenue received from the State or the
9		municipality less any annual surplus distribution of
10		incremental revenue previously made; with any remaining
11		funds to be paid to the County Collector who shall
12		immediately thereafter pay said funds to the taxing
13		districts in the redevelopment project area in the same
14		manner and proportion as the most recent distribution by
15		the county collector to the affected districts of real
16		property taxes from real property in the redevelopment
17		project area.
18		Upon the payment of all redevelopment project costs,
19		the retirement of obligations, the distribution of any
20		excess monies pursuant to this Section, and final closing
21		of the books and records of the redevelopment project
22		area, the municipality shall adopt an ordinance dissolving
23		the special tax allocation fund for the redevelopment
24		project area and terminating the designation of the
25		redevelopment project area as a redevelopment project
26		area. Title to real or personal property and public

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1		improvements acquired by or for the municipality as a
2		result of the redevelopment project and plan shall vest in
3		the municipality when acquired and shall continue to be
4		held by the municipality after the redevelopment project
5		area has been terminated. Municipalities shall notify
6		affected taxing districts prior to November 1 if the
7		redevelopment project area is to be terminated by December
8		31 of that same year. If a municipality extends estimated
9		dates of completion of a redevelopment project and
10		retirement of obligations to finance a redevelopment
11		project, as allowed by Public Act 87-1272 this amendatory
12		Act of 1993, that extension shall not extend the property
13		tax increment allocation financing authorized by this
14		Section. Thereafter the rates of the taxing districts
15		shall be extended and taxes levied, collected and
16		distributed in the manner applicable in the absence of the
17		adoption of tax increment allocation financing.
18		If a municipality with a population of 1,000,000 or
19		more has adopted by ordinance tax increment allocation
20		financing for a redevelopment project area located in a
21		transit facility improvement area established pursuant to
22		Section 11-74.4-3.3, for each year after the effective
23		date of the ordinance until redevelopment project costs
24		and all municipal obligations financing redevelopment
25		project costs have been paid, the ad valorem taxes, if
26		any, arising from the levies upon the taxable real

SB2435 Enrolled - 773 - LRB102 04062 AMC 14078 b
1		property in that redevelopment project area by taxing
2		districts and tax rates determined in the manner provided
3		in paragraph (c) of Section 11-74.4-9 shall be divided as
4		follows:
5		(1) That portion of the taxes levied upon each
6		taxable lot, block, tract, or parcel of real property
7		which is attributable to the lower of (i) the current
8		equalized assessed value or "current equalized
9		assessed value as adjusted" or (ii) the initial
10		equalized assessed value of each such taxable lot,
11		block, tract, or parcel of real property existing at
12		the time tax increment financing was adopted, minus
13		the total current homestead exemptions under Article
14		15 of the Property Tax Code in the redevelopment
15		project area shall be allocated to and when collected
16		shall be paid by the county collector to the
17		respective affected taxing districts in the manner
18		required by law in the absence of the adoption of tax
19		increment allocation financing.
20		(2) That portion, if any, of such taxes which is
21		attributable to the increase in the current equalized
22		assessed valuation of each taxable lot, block, tract,
23		or parcel of real property in the redevelopment
24		project area, over and above the initial equalized
25		assessed value of each property existing at the time
26		tax increment financing was adopted, minus the total

SB2435 Enrolled - 774 - LRB102 04062 AMC 14078 b
1		current homestead exemptions pertaining to each piece
2		of property provided by Article 15 of the Property Tax
3		Code in the redevelopment project area, shall be
4		allocated to and when collected shall be paid by the
5		county collector as follows:
6		(A) First, that portion which would be payable
7		to a school district whose boundaries are
8		coterminous with such municipality in the absence
9		of the adoption of tax increment allocation
10		financing, shall be paid to such school district
11		in the manner required by law in the absence of the
12		adoption of tax increment allocation financing;
13		then
14		(B) 80% of the remaining portion shall be paid
15		to the municipal Treasurer, who shall deposit said
16		taxes into a special fund called the special tax
17		allocation fund of the municipality for the
18		purpose of paying redevelopment project costs and
19		obligations incurred in the payment thereof; and
20		then
21		(C) 20% of the remaining portion shall be paid
22		to the respective affected taxing districts, other
23		than the school district described in clause (a)
24		above, in the manner required by law in the
25		absence of the adoption of tax increment
26		allocation financing.

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1		Nothing in this Section shall be construed as relieving
2		property in such redevelopment project areas from being
3		assessed as provided in the Property Tax Code or as relieving
4		owners of such property from paying a uniform rate of taxes, as
5		required by Section 4 of Article IX of the Illinois
6		Constitution.
7		(Source: P.A. 99-792, eff. 8-12-16; 100-465, eff. 8-31-17;
8		revised 8-8-19.)
9		(65 ILCS 5/11-74.6-35)
10		Sec. 11-74.6-35. Ordinance for tax increment allocation
11		financing.
12		(a) A municipality, at the time a redevelopment project
13		area is designated, may adopt tax increment allocation
14		financing by passing an ordinance providing that the ad
15		valorem taxes, if any, arising from the levies upon taxable
16		real property within the redevelopment project area by taxing
17		districts and tax rates determined in the manner provided in
18		subsection (b) of Section 11-74.6-40 each year after the
19		effective date of the ordinance until redevelopment project
20		costs and all municipal obligations financing redevelopment
21		project costs incurred under this Act have been paid shall be
22		divided as follows:
23		(1) That portion of the taxes levied upon each taxable
24		lot, block, tract, or parcel of real property that is
25		attributable to the lower of the current equalized

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1		assessed value or the initial equalized assessed value or
2		the updated initial equalized assessed value of each
3		taxable lot, block, tract, or parcel of real property in
4		the redevelopment project area shall be allocated to and
5		when collected shall be paid by the county collector to
6		the respective affected taxing districts in the manner
7		required by law without regard to the adoption of tax
8		increment allocation financing.
9		(2) That portion, if any, of those taxes that is
10		attributable to the increase in the current equalized
11		assessed value of each taxable lot, block, tract, or
12		parcel of real property in the redevelopment project area,
13		over and above the initial equalized assessed value or the
14		updated initial equalized assessed value of each property
15		in the project area, shall be allocated to and when
16		collected shall be paid by the county collector to the
17		municipal treasurer who shall deposit that portion of
18		those taxes into a special fund called the special tax
19		allocation fund of the municipality for the purpose of
20		paying redevelopment project costs and obligations
21		incurred in the payment of those costs and obligations. In
22		any county with a population of 3,000,000 or more that has
23		adopted a procedure for collecting taxes that provides for
24		one or more of the installments of the taxes to be billed
25		and collected on an estimated basis, the municipal
26		treasurer shall be paid for deposit in the special tax

SB2435 Enrolled - 777 - LRB102 04062 AMC 14078 b
1		allocation fund of the municipality, from the taxes
2		collected from estimated bills issued for property in the
3		redevelopment project area, the difference between the
4		amount actually collected from each taxable lot, block,
5		tract, or parcel of real property within the redevelopment
6		project area and an amount determined by multiplying the
7		rate at which taxes were last extended against the taxable
8		lot, block, tract track, or parcel of real property in the
9		manner provided in subsection (b) of Section 11-74.6-40 by
10		the initial equalized assessed value or the updated
11		initial equalized assessed value of the property divided
12		by the number of installments in which real estate taxes
13		are billed and collected within the county, provided that
14		the payments on or before December 31, 1999 to a municipal
15		treasurer shall be made only if each of the following
16		conditions are met:
17		(A) The total equalized assessed value of the
18		redevelopment project area as last determined was not
19		less than 175% of the total initial equalized assessed
20		value.
21		(B) Not more than 50% of the total equalized
22		assessed value of the redevelopment project area as
23		last determined is attributable to a piece of property
24		assigned a single real estate index number.
25		(C) The municipal clerk has certified to the
26		county clerk that the municipality has issued its

SB2435 Enrolled - 778 - LRB102 04062 AMC 14078 b
1		obligations to which there has been pledged the
2		incremental property taxes of the redevelopment
3		project area or taxes levied and collected on any or
4		all property in the municipality or the full faith and
5		credit of the municipality to pay or secure payment
6		for all or a portion of the redevelopment project
7		costs. The certification shall be filed annually no
8		later than September 1 for the estimated taxes to be
9		distributed in the following year.
10		The conditions of paragraphs (A) through (C) do not apply
11		after December 31, 1999 to payments to a municipal treasurer
12		made by a county with 3,000,000 or more inhabitants that has
13		adopted an estimated billing procedure for collecting taxes.
14		If a county that has adopted the estimated billing procedure
15		makes an erroneous overpayment of tax revenue to the municipal
16		treasurer, then the county may seek a refund of that
17		overpayment. The county shall send the municipal treasurer a
18		notice of liability for the overpayment on or before the
19		mailing date of the next real estate tax bill within the
20		county. The refund shall be limited to the amount of the
21		overpayment.
22		(b) It is the intent of this Act that a municipality's own
23		ad valorem tax arising from levies on taxable real property be
24		included in the determination of incremental revenue in the
25		manner provided in paragraph (b) of Section 11-74.6-40.
26		(c) If a municipality has adopted tax increment allocation

SB2435 Enrolled - 779 - LRB102 04062 AMC 14078 b
1		financing for a redevelopment project area by ordinance and
2		the county clerk thereafter certifies the total initial
3		equalized assessed value or the total updated initial
4		equalized assessed value of the taxable real property within
5		such redevelopment project area in the manner provided in
6		paragraph (a) or (b) of Section 11-74.6-40, each year after
7		the date of the certification of the total initial equalized
8		assessed value or the total updated initial equalized assessed
9		value until redevelopment project costs and all municipal
10		obligations financing redevelopment project costs have been
11		paid, the ad valorem taxes, if any, arising from the levies
12		upon the taxable real property in the redevelopment project
13		area by taxing districts and tax rates determined in the
14		manner provided in paragraph (b) of Section 11-74.6-40 shall
15		be divided as follows:
16		(1) That portion of the taxes levied upon each taxable
17		lot, block, tract or parcel of real property that is
18		attributable to the lower of the current equalized
19		assessed value or the initial equalized assessed value, or
20		the updated initial equalized assessed value of each
21		parcel if the updated initial equalized assessed value of
22		that parcel has been certified in accordance with Section
23		11-74.6-40, whichever has been most recently certified, of
24		each taxable lot, block, tract, or parcel of real property
25		existing at the time tax increment allocation financing
26		was adopted in the redevelopment project area, shall be

SB2435 Enrolled - 780 - LRB102 04062 AMC 14078 b
1		allocated to and when collected shall be paid by the
2		county collector to the respective affected taxing
3		districts in the manner required by law without regard to
4		the adoption of tax increment allocation financing.
5		(2) That portion, if any, of those taxes that is
6		attributable to the increase in the current equalized
7		assessed value of each taxable lot, block, tract, or
8		parcel of real property in the redevelopment project area,
9		over and above the initial equalized assessed value of
10		each property existing at the time tax increment
11		allocation financing was adopted in the redevelopment
12		project area, or the updated initial equalized assessed
13		value of each parcel if the updated initial equalized
14		assessed value of that parcel has been certified in
15		accordance with Section 11-74.6-40, shall be allocated to
16		and when collected shall be paid to the municipal
17		treasurer, who shall deposit those taxes into a special
18		fund called the special tax allocation fund of the
19		municipality for the purpose of paying redevelopment
20		project costs and obligations incurred in the payment
21		thereof.
22		(d) The municipality may pledge in the ordinance the funds
23		in and to be deposited in the special tax allocation fund for
24		the payment of redevelopment project costs and obligations. No
25		part of the current equalized assessed value of each property
26		in the redevelopment project area attributable to any increase

SB2435 Enrolled - 781 - LRB102 04062 AMC 14078 b
1		above the total initial equalized assessed value or the total
2		initial updated equalized assessed value of the property,
3		shall be used in calculating the general State aid formula,
4		provided for in Section 18-8 of the School Code, or the
5		evidence-based funding formula, provided for in Section
6		18-8.15 of the School Code, until all redevelopment project
7		costs have been paid as provided for in this Section.
8		Whenever a municipality issues bonds for the purpose of
9		financing redevelopment project costs, that municipality may
10		provide by ordinance for the appointment of a trustee, which
11		may be any trust company within the State, and for the
12		establishment of any funds or accounts to be maintained by
13		that trustee, as the municipality deems necessary to provide
14		for the security and payment of the bonds. If the municipality
15		provides for the appointment of a trustee, the trustee shall
16		be considered the assignee of any payments assigned by the
17		municipality under that ordinance and this Section. Any
18		amounts paid to the trustee as assignee shall be deposited
19		into the funds or accounts established under the trust
20		agreement, and shall be held by the trustee in trust for the
21		benefit of the holders of the bonds. The holders of those bonds
22		shall have a lien on and a security interest in those funds or
23		accounts while the bonds remain outstanding and unpaid. Upon
24		retirement of the bonds, the trustee shall pay over any excess
25		amounts held to the municipality for deposit in the special
26		tax allocation fund.

SB2435 Enrolled - 782 - LRB102 04062 AMC 14078 b
1		When the redevelopment projects costs, including without
2		limitation all municipal obligations financing redevelopment
3		project costs incurred under this Law, have been paid, all
4		surplus funds then remaining in the special tax allocation
5		fund shall be distributed by being paid by the municipal
6		treasurer to the municipality and the county collector; first
7		to the municipality in direct proportion to the tax
8		incremental revenue received from the municipality, but not to
9		exceed the total incremental revenue received from the
10		municipality, minus any annual surplus distribution of
11		incremental revenue previously made. Any remaining funds shall
12		be paid to the county collector who shall immediately
13		distribute that payment to the taxing districts in the
14		redevelopment project area in the same manner and proportion
15		as the most recent distribution by the county collector to the
16		affected districts of real property taxes from real property
17		situated in the redevelopment project area.
18		Upon the payment of all redevelopment project costs,
19		retirement of obligations and the distribution of any excess
20		moneys under this Section, the municipality shall adopt an
21		ordinance dissolving the special tax allocation fund for the
22		redevelopment project area and terminating the designation of
23		the redevelopment project area as a redevelopment project
24		area. Thereafter the tax levies of taxing districts shall be
25		extended, collected and distributed in the same manner
26		applicable before the adoption of tax increment allocation

SB2435 Enrolled - 783 - LRB102 04062 AMC 14078 b
1		financing. Municipality shall notify affected taxing districts
2		prior to November if the redevelopment project area is to be
3		terminated by December 31 of that same year.
4		Nothing in this Section shall be construed as relieving
5		property in a redevelopment project area from being assessed
6		as provided in the Property Tax Code or as relieving owners of
7		that property from paying a uniform rate of taxes, as required
8		by Section 4 of Article IX of the Illinois Constitution.
9		(Source: P.A. 100-465, eff. 8-31-17; revised 8-8-19.)
10		(65 ILCS 5/11-101-3)
11		Sec. 11-101-3. Noise mitigation; air quality.
12		(a) A municipality that has implemented a Residential
13		Sound Insulation Program to mitigate aircraft noise shall
14		perform indoor air quality monitoring and laboratory analysis
15		of windows and doors installed pursuant to the Residential
16		Sound Insulation Program to determine whether there are any
17		adverse health impacts associated with off-gassing from such
18		windows and doors. Such monitoring and analysis shall be
19		consistent with applicable professional and industry
20		standards. The municipality shall make any final reports
21		resulting from such monitoring and analysis available to the
22		public on the municipality's website. The municipality shall
23		develop a science-based mitigation plan to address significant
24		health-related impacts, if any, associated with such windows
25		and doors as determined by the results of the monitoring and

SB2435 Enrolled - 784 - LRB102 04062 AMC 14078 b
1		analysis. In a municipality that has implemented a Residential
2		Sound Insulation Program to mitigate aircraft noise, if
3		requested by the homeowner pursuant to a process established
4		by the municipality, which process shall include, at a
5		minimum, notification in a newspaper of general circulation
6		and a mailer sent to every address identified as a recipient of
7		windows and doors installed under the Residential Sound
8		Insulation Program, the municipality shall replace all windows
9		and doors installed under the Residential Sound Insulation
10		Program in such homes where one or more windows or doors have
11		been found to have caused offensive odors. Only those
12		homeowners who request that the municipality perform an odor
13		inspection as prescribed by the process established by the
14		municipality within 6 months of notification being published
15		and mailers being sent shall be eligible for odorous window
16		and odorous door replacement. Homes that have been identified
17		by the municipality as having odorous windows or doors are not
18		required to make said request to the municipality. The right
19		to make a claim for replacement and have it considered
20		pursuant to this Section shall not be affected by the fact of
21		odor-related claims made or odor-related products received
22		pursuant to the Residential Sound Insulation Program prior to
23		June 5, 2019 (the effective date of this Section). The
24		municipality shall also perform in-home air quality testing in
25		residences in which windows and doors are replaced under this
26		Section. In order to receive in-home air quality testing, a

SB2435 Enrolled - 785 - LRB102 04062 AMC 14078 b
1		homeowner must request such testing from the municipality, and
2		the total number of homes tested in any given year shall not
3		exceed 25% of the total number of homes in which windows and
4		doors were replaced under this Section in the prior calendar
5		year.
6		(b) An advisory committee shall be formed, composed of the
7		following: (i) 2 members of the municipality who reside in
8		homes that have received windows or doors pursuant to the
9		Residential Sound Insulation Program and have been identified
10		by the municipality as having odorous windows or doors,
11		appointed by the Secretary of Transportation; (ii) one
12		employee of the Aeronautics Division of the Department of
13		Transportation; and (iii) 2 employees of the municipality that
14		implemented the Residential Sound Insulation Program in
15		question. The advisory committee shall determine by majority
16		vote which homes contain windows or doors that cause offensive
17		odors and thus are eligible for replacement, shall promulgate
18		a list of such homes, and shall develop recommendations as to
19		the order in which homes are to receive window replacement.
20		The recommendations shall include reasonable and objective
21		criteria for determining which windows or doors are odorous,
22		consideration of the date of odor confirmation for
23		prioritization, severity of odor, geography and individual
24		hardship, and shall provide such recommendations to the
25		municipality. The advisory committee shall comply with the
26		requirements of the Open Meetings Act. The Chicago Department

SB2435 Enrolled - 786 - LRB102 04062 AMC 14078 b
1		of Aviation shall provide administrative support to the
2		committee commission. The municipality shall consider the
3		recommendations of the committee but shall retain final
4		decision-making authority over replacement of windows and
5		doors installed under the Residential Sound Insulation
6		Program, and shall comply with all federal, State, and local
7		laws involving procurement. A municipality administering
8		claims pursuant to this Section shall provide to every address
9		identified as having submitted a valid claim under this
10		Section a quarterly report setting forth the municipality's
11		activities undertaken pursuant to this Section for that
12		quarter. However, the municipality shall replace windows and
13		doors pursuant to this Section only if, and to the extent,
14		grants are distributed to, and received by, the municipality
15		from the Sound-Reducing Windows and Doors Replacement Fund for
16		the costs associated with the replacement of sound-reducing
17		windows and doors installed under the Residential Sound
18		Insulation Program pursuant to Section 6z-20.1 of the State
19		Finance Act. In addition, the municipality shall revise its
20		specifications for procurement of windows for the Residential
21		Sound Insulation Program to address potential off-gassing from
22		such windows in future phases of the program. A municipality
23		subject to the Section shall not legislate or otherwise
24		regulate with regard to indoor air quality monitoring,
25		laboratory analysis or replacement requirements, except as
26		provided in this Section, but the foregoing restriction shall

SB2435 Enrolled - 787 - LRB102 04062 AMC 14078 b
1		not limit said municipality's taxing power.
2		(c) A home rule unit may not regulate indoor air quality
3		monitoring and laboratory analysis, and related mitigation and
4		mitigation plans, in a manner inconsistent with this Section.
5		This Section is a limitation of home rule powers and functions
6		under subsection (i) of Section 6 of Article VII of the
7		Illinois Constitution on the concurrent exercise by home rule
8		units of powers and functions exercised by the State.
9		(d) This Section shall not be construed to create a
10		private right of action.
11		(Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19;
12		101-636, eff. 6-10-20; revised 8-20-20.)
13		Section 315. The River Edge Redevelopment Zone Act is
14		amended by changing Section 10-10.4 as follows:
15		(65 ILCS 115/10-10.4)
16		Sec. 10-10.4. Certified payroll. (a) Any contractor and
17		each subcontractor who is engaged in and is executing a River
18		Edge construction jobs project for a taxpayer that is entitled
19		to a credit pursuant to Section 10-10.3 of this Act shall:
20		(1) make and keep, for a period of 5 years from the
21		date of the last payment made on or after June 5, 2019 (the
22		effective date of Public Act 101-9) this amendatory Act of
23		the 101st General Assembly on a contract or subcontract
24		for a River Edge Construction Jobs Project in a River Edge

SB2435 Enrolled - 788 - LRB102 04062 AMC 14078 b
1		Redevelopment Zone records of all laborers and other
2		workers employed by them on the project; the records shall
3		include:
4		(A) the worker's name;
5		(B) the worker's address;
6		(C) the worker's telephone number, if available;
7		(D) the worker's social security number;
8		(E) the worker's classification or
9		classifications;
10		(F) the worker's gross and net wages paid in each
11		pay period;
12		(G) the worker's number of hours worked each day;
13		(H) the worker's starting and ending times of work
14		each day;
15		(I) the worker's hourly wage rate; and
16		(J) the worker's hourly overtime wage rate; and
17		(2) no later than the 15th day of each calendar month,
18		provide a certified payroll for the immediately preceding
19		month to the taxpayer in charge of the project; within 5
20		business days after receiving the certified payroll, the
21		taxpayer shall file the certified payroll with the
22		Department of Labor and the Department of Commerce and
23		Economic Opportunity; a certified payroll must be filed
24		for only those calendar months during which construction
25		on a River Edge Construction Jobs Project has occurred;
26		the certified payroll shall consist of a complete copy of

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1		the records identified in paragraph (1), but may exclude
2		the starting and ending times of work each day; the
3		certified payroll shall be accompanied by a statement
4		signed by the contractor or subcontractor or an officer,
5		employee, or agent of the contractor or subcontractor
6		which avers that:
7		(A) he or she has examined the certified payroll
8		records required to be submitted and such records are
9		true and accurate; and
10		(B) the contractor or subcontractor is aware that
11		filing a certified payroll that he or she knows to be
12		false is a Class A misdemeanor.
13		A general contractor is not prohibited from relying on a
14		certified payroll of a lower-tier subcontractor, provided the
15		general contractor does not knowingly rely upon a
16		subcontractor's false certification.
17		Any contractor or subcontractor subject to this Section,
18		and any officer, employee, or agent of such contractor or
19		subcontractor whose duty as an officer, employee, or agent it
20		is to file a certified payroll under this Section, who
21		willfully fails to file such a certified payroll on or before
22		the date such certified payroll is required to be filed and any
23		person who willfully files a false certified payroll that is
24		false as to any material fact is in violation of this Act and
25		guilty of a Class A misdemeanor.
26		The taxpayer in charge of the project shall keep the

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1		records submitted in accordance with this Section on or after
2		June 5, 2019 (the effective date of Public Act 101-9) this
3		amendatory Act of the 101st General Assembly for a period of 5
4		years from the date of the last payment for work on a contract
5		or subcontract for the project.
6		The records submitted in accordance with this Section
7		subsection shall be considered public records, except an
8		employee's address, telephone number, and social security
9		number, and made available in accordance with the Freedom of
10		Information Act. The Department of Labor shall accept any
11		reasonable submissions by the contractor that meet the
12		requirements of this Section subsection and shall share the
13		information with the Department in order to comply with the
14		awarding of River Edge construction jobs credits. A
15		contractor, subcontractor, or public body may retain records
16		required under this Section in paper or electronic format.
17		Upon 7 business days' notice, the contractor and each
18		subcontractor shall make available for inspection and copying
19		at a location within this State during reasonable hours, the
20		records identified in paragraph (1) of this Section subsection
21		to the taxpayer in charge of the project, its officers and
22		agents, the Director of Labor and his or her deputies and
23		agents, and to federal, State, or local law enforcement
24		agencies and prosecutors.
25		(Source: P.A. 101-9, eff. 6-5-19; revised 8-9-19.)

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1		Section 320. The Metropolitan Pier and Exposition
2		Authority Act is amended by changing Section 13.2 as follows:
3		(70 ILCS 210/13.2) (from Ch. 85, par. 1233.2)
4		Sec. 13.2. The McCormick Place Expansion Project Fund is
5		created in the State Treasury. All moneys in the McCormick
6		Place Expansion Project Fund are allocated to and shall be
7		appropriated and used only for the purposes authorized by and
8		subject to the limitations and conditions of this Section.
9		Those amounts may be appropriated by law to the Authority for
10		the purposes of paying the debt service requirements on all
11		bonds and notes, including bonds and notes issued to refund or
12		advance refund bonds and notes issued under this Section,
13		Section 13.1, or issued to refund or advance refund bonds and
14		notes otherwise issued under this Act, (collectively referred
15		to as "bonds") to be issued by the Authority under this Section
16		in an aggregate original principal amount (excluding the
17		amount of any bonds and notes issued to refund or advance
18		refund bonds or notes issued under this Section and Section
19		13.1) not to exceed $2,850,000,000 for the purposes of
20		carrying out and performing its duties and exercising its
21		powers under this Act. The increased debt authorization of
22		$450,000,000 provided by Public Act 96-898 shall be used
23		solely for the purpose of: (i) hotel construction and related
24		necessary capital improvements; (ii) other needed capital
25		improvements to existing facilities; and (iii) land

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1		acquisition for and construction of one multi-use facility on
2		property bounded by East Cermak Road on the south, East 21st
3		Street on the north, South Indiana Avenue on the west, and
4		South Prairie Avenue on the east in the City of Chicago, Cook
5		County, Illinois; these limitations do not apply to the
6		increased debt authorization provided by Public Act 100-23. No
7		bonds issued to refund or advance refund bonds issued under
8		this Section may mature later than 40 years from the date of
9		issuance of the refunding or advance refunding bonds. After
10		the aggregate original principal amount of bonds authorized in
11		this Section has been issued, the payment of any principal
12		amount of such bonds does not authorize the issuance of
13		additional bonds (except refunding bonds). Any bonds and notes
14		issued under this Section in any year in which there is an
15		outstanding "post-2010 deficiency amount" as that term is
16		defined in Section 13 (g)(3) of this Act shall provide for the
17		payment to the State Treasurer of the amount of that
18		deficiency. Proceeds from the sale of bonds issued pursuant to
19		the increased debt authorization provided by Public Act 100-23
20		may be used for any corporate purpose of the Authority in
21		fiscal years 2021 and 2022 and for the payment to the State
22		Treasurer of any unpaid amounts described in paragraph (3) of
23		subsection (g) of Section 13 of this Act as part of the "2010
24		deficiency amount" or the "Post-2010 deficiency amount".
25		On the first day of each month commencing after July 1,
26		1993, amounts, if any, on deposit in the McCormick Place

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1		Expansion Project Fund shall, subject to appropriation, be
2		paid in full to the Authority or, upon its direction, to the
3		trustee or trustees for bondholders of bonds that by their
4		terms are payable from the moneys received from the McCormick
5		Place Expansion Project Fund, until an amount equal to 100% of
6		the aggregate amount of the principal and interest in the
7		fiscal year, including that pursuant to sinking fund
8		requirements, has been so paid and deficiencies in reserves
9		shall have been remedied.
10		The State of Illinois pledges to and agrees with the
11		holders of the bonds of the Metropolitan Pier and Exposition
12		Authority issued under this Section that the State will not
13		limit or alter the rights and powers vested in the Authority by
14		this Act so as to impair the terms of any contract made by the
15		Authority with those holders or in any way impair the rights
16		and remedies of those holders until the bonds, together with
17		interest thereon, interest on any unpaid installments of
18		interest, and all costs and expenses in connection with any
19		action or proceedings by or on behalf of those holders are
20		fully met and discharged; provided that any increase in the
21		Tax Act Amounts specified in Section 3 of the Retailers'
22		Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of
23		the Service Use Tax Act, and Section 9 of the Service
24		Occupation Tax Act required to be deposited into the Build
25		Illinois Bond Account in the Build Illinois Fund pursuant to
26		any law hereafter enacted shall not be deemed to impair the

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1		rights of such holders so long as the increase does not result
2		in the aggregate debt service payable in the current or any
3		future fiscal year of the State on all bonds issued pursuant to
4		the Build Illinois Bond Act and the Metropolitan Pier and
5		Exposition Authority Act and payable from tax revenues
6		specified in Section 3 of the Retailers' Occupation Tax Act,
7		Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
8		Act, and Section 9 of the Service Occupation Tax Act exceeding
9		33 1/3% of such tax revenues for the most recently completed
10		fiscal year of the State at the time of such increase. In
11		addition, the State pledges to and agrees with the holders of
12		the bonds of the Authority issued under this Section that the
13		State will not limit or alter the basis on which State funds
14		are to be paid to the Authority as provided in this Act or the
15		use of those funds so as to impair the terms of any such
16		contract; provided that any increase in the Tax Act Amounts
17		specified in Section 3 of the Retailers' Occupation Tax Act,
18		Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
19		Act, and Section 9 of the Service Occupation Tax Act required
20		to be deposited into the Build Illinois Bond Account in the
21		Build Illinois Fund pursuant to any law hereafter enacted
22		shall not be deemed to impair the terms of any such contract so
23		long as the increase does not result in the aggregate debt
24		service payable in the current or any future fiscal year of the
25		State on all bonds issued pursuant to the Build Illinois Bond
26		Act and the Metropolitan Pier and Exposition Authority Act and

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1		payable from tax revenues specified in Section 3 of the
2		Retailers' Occupation Tax Act, Section 9 of the Use Tax Act,
3		Section 9 of the Service Use Tax Act, and Section 9 of the
4		Service Occupation Tax Act exceeding 33 1/3% of such tax
5		revenues for the most recently completed fiscal year of the
6		State at the time of such increase. The Authority is
7		authorized to include these pledges and agreements with the
8		State in any contract with the holders of bonds issued under
9		this Section.
10		The State shall not be liable on bonds of the Authority
11		issued under this Section, those bonds shall not be a debt of
12		the State, and this Act shall not be construed as a guarantee
13		by the State of the debts of the Authority. The bonds shall
14		contain a statement to this effect on the face of the bonds.
15		(Source: P.A. 100-23, eff. 7-6-17; 101-636, eff. 6-10-20;
16		revised 8-20-20.)
17		Section 325. The Fire Protection District Act is amended
18		by changing Sections 11k and 16.06b as follows:
19		(70 ILCS 705/11k)
20		Sec. 11k. Competitive bidding; notice requirements.
21		(a) The board of trustees shall have the power to acquire
22		by gift, legacy, or purchase any personal property necessary
23		for its corporate purposes provided that all contracts for
24		supplies, materials, or work involving an expenditure in

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1		excess of $20,000 shall be let to the lowest responsible
2		bidder after advertising as required under subsection (b) of
3		this Section. The board is not required to accept a bid that
4		does not meet the district's established specifications, terms
5		of delivery, quality, and serviceability requirements.
6		Contracts which, by their nature, are not adapted to award by
7		competitive bidding, are not subject to competitive bidding,
8		including, but not limited to:
9		(1) contracts for the services of individuals
10		possessing a high degree of professional skill where the
11		ability or fitness of the individual plays an important
12		part;
13		(2) contracts for the printing of finance committee
14		reports and departmental reports;
15		(3) contracts for the printing or engraving of bonds,
16		tax warrants, and other evidences of indebtedness;
17		(4) contracts for the maintenance or servicing of, or
18		provision of repair parts for, equipment which are made
19		with the manufacturer or authorized service agent of that
20		equipment where the provision of parts, maintenance, or
21		servicing can best be performed by the manufacturer or
22		authorized service agent, or which involve proprietary
23		parts or technology not otherwise available;
24		(5) purchases and contracts for the use, purchase,
25		delivery, movement, or installation of data processing
26		equipment, software, or services and telecommunications

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1		and interconnect equipment, software, and services;
2		(6) contracts for duplicating machines and supplies;
3		(7) contracts for utility services such as water,
4		light, heat, telephone or telegraph;
5		(8) contracts for goods or services procured from
6		another governmental agency;
7		(9) purchases of equipment previously owned by some
8		entity other than the district itself; and
9		(10) contracts for goods or services which are
10		economically procurable from only one source, such as for
11		the purchase of magazines, books, periodicals, pamphlets,
12		reports, and online subscriptions.
13		Contracts for emergency expenditures are also exempt from
14		competitive bidding when the emergency expenditure is approved
15		by a vote of 3/4 of the members of the board.
16		(b) Except as otherwise provided in subsection (a) of this
17		Section, all proposals to award contracts involving amounts in
18		excess of $20,000 shall be published at least 10 days,
19		excluding Sundays and legal holidays, in advance of the date
20		announced for the receiving of bids, in a secular English
21		language newspaper of general circulation throughout the
22		district. In addition, a fire protection district that has a
23		website that the full-time staff of the district maintains
24		shall post notice on its website of all proposals to award
25		contracts in excess of $20,000. Advertisements for bids shall
26		describe the character of the proposed contract or agreement

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1		in sufficient detail to enable the bidders thereon to know
2		what their obligations will be, either in the advertisement
3		itself, or by reference to detailed plans and specifications
4		on file at the time of the publication of the first
5		announcement. Such advertisement shall also state the date,
6		time and place assigned for the opening of bids, and no bids
7		shall be received at any time subsequent to the time indicated
8		in the announcement. All competitive bids for contracts
9		involving an expenditure in excess of $20,000 must be sealed
10		by the bidder and must be opened by a member of the board or an
11		employee of the district at a public bid opening at which the
12		contents of the bids must be announced. Each bidder must
13		receive at least 3 days' days notice of the time and place of
14		the bid opening.
15		(c) In addition to contracts entered into under the
16		Governmental Joint Purchasing Act, a board of trustees may
17		enter into contracts for supplies, materials, or work
18		involving an expenditure in excess of $20,000 through
19		participation in a joint governmental or nongovernmental
20		purchasing program that requires as part of its selection
21		procedure a competitive solicitation and procurement process.
22		(Source: P.A. 101-41, eff. 7-12-19; 101-139, eff. 7-26-19;
23		revised 8-19-19.)
24		(70 ILCS 705/16.06b)
25		Sec. 16.06b. Original appointments; full-time fire

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1		department.
2		(a) Applicability. Unless a commission elects to follow
3		the provisions of Section 16.06c, this Section shall apply to
4		all original appointments to an affected full-time fire
5		department. Existing registers of eligibles shall continue to
6		be valid until their expiration dates, or up to a maximum of 2
7		years after August 4, 2011 (the effective date of Public Act
8		97-251) this amendatory Act of the 97th General Assembly.
9		Notwithstanding any statute, ordinance, rule, or other law
10		to the contrary, all original appointments to an affected
11		department to which this Section applies shall be administered
12		in a no less stringent manner than the manner provided for in
13		this Section. Provisions of the Illinois Municipal Code, Fire
14		Protection District Act, fire district ordinances, and rules
15		adopted pursuant to such authority and other laws relating to
16		initial hiring of firefighters in affected departments shall
17		continue to apply to the extent they are compatible with this
18		Section, but in the event of a conflict between this Section
19		and any other law, this Section shall control.
20		A fire protection district that is operating under a court
21		order or consent decree regarding original appointments to a
22		full-time fire department before August 4, 2011 (the effective
23		date of Public Act 97-251) this amendatory Act of the 97th
24		General Assembly is exempt from the requirements of this
25		Section for the duration of the court order or consent decree.
26		(b) Original appointments. All original appointments made

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1		to an affected fire department shall be made from a register of
2		eligibles established in accordance with the processes
3		required by this Section. Only persons who meet or exceed the
4		performance standards required by the Section shall be placed
5		on a register of eligibles for original appointment to an
6		affected fire department.
7		Whenever an appointing authority authorizes action to hire
8		a person to perform the duties of a firefighter or to hire a
9		firefighter-paramedic to fill a position that is a new
10		position or vacancy due to resignation, discharge, promotion,
11		death, the granting of a disability or retirement pension, or
12		any other cause, the appointing authority shall appoint to
13		that position the person with the highest ranking on the final
14		eligibility list. If the appointing authority has reason to
15		conclude that the highest ranked person fails to meet the
16		minimum standards for the position or if the appointing
17		authority believes an alternate candidate would better serve
18		the needs of the department, then the appointing authority has
19		the right to pass over the highest ranked person and appoint
20		either: (i) any person who has a ranking in the top 5% of the
21		register of eligibles or (ii) any person who is among the top 5
22		highest ranked persons on the list of eligibles if the number
23		of people who have a ranking in the top 5% of the register of
24		eligibles is less than 5 people.
25		Any candidate may pass on an appointment once without
26		losing his or her position on the register of eligibles. Any

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1		candidate who passes a second time may be removed from the list
2		by the appointing authority provided that such action shall
3		not prejudice a person's opportunities to participate in
4		future examinations, including an examination held during the
5		time a candidate is already on the fire district's register of
6		eligibles.
7		The sole authority to issue certificates of appointment
8		shall be vested in the board of fire commissioners, or board of
9		trustees serving in the capacity of a board of fire
10		commissioners. All certificates of appointment issued to any
11		officer or member of an affected department shall be signed by
12		the chairperson and secretary, respectively, of the commission
13		upon appointment of such officer or member to the affected
14		department by action of the commission. After being selected
15		from the register of eligibles to fill a vacancy in the
16		affected department, each appointee shall be presented with
17		his or her certificate of appointment on the day on which he or
18		she is sworn in as a classified member of the affected
19		department. Firefighters who were not issued a certificate of
20		appointment when originally appointed shall be provided with a
21		certificate within 10 days after making a written request to
22		the chairperson of the board of fire commissioners, or board
23		of trustees serving in the capacity of a board of fire
24		commissioners. Each person who accepts a certificate of
25		appointment and successfully completes his or her probationary
26		period shall be enrolled as a firefighter and as a regular

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1		member of the fire department.
2		For the purposes of this Section, "firefighter" means any
3		person who has been prior to, on, or after August 4, 2011 (the
4		effective date of Public Act 97-251) this amendatory Act of
5		the 97th General Assembly appointed to a fire department or
6		fire protection district or employed by a State university and
7		sworn or commissioned to perform firefighter duties or
8		paramedic duties, or both, except that the following persons
9		are not included: part-time firefighters; auxiliary, reserve,
10		or voluntary firefighters, including paid-on-call
11		firefighters; clerks and dispatchers or other civilian
12		employees of a fire department or fire protection district who
13		are not routinely expected to perform firefighter duties; and
14		elected officials.
15		(c) Qualification for placement on register of eligibles.
16		The purpose of establishing a register of eligibles is to
17		identify applicants who possess and demonstrate the mental
18		aptitude and physical ability to perform the duties required
19		of members of the fire department in order to provide the
20		highest quality of service to the public. To this end, all
21		applicants for original appointment to an affected fire
22		department shall be subject to examination and testing which
23		shall be public, competitive, and open to all applicants
24		unless the district shall by ordinance limit applicants to
25		residents of the district, county or counties in which the
26		district is located, State, or nation. Any examination and

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1		testing procedure utilized under subsection (e) of this
2		Section shall be supported by appropriate validation evidence
3		and shall comply with all applicable State and federal laws.
4		Districts may establish educational, emergency medical service
5		licensure, and other prerequisites prerequites for
6		participation in an examination or for hire as a firefighter.
7		Any fire protection district may charge a fee to cover the
8		costs of the application process.
9		Residency requirements in effect at the time an individual
10		enters the fire service of a district cannot be made more
11		restrictive for that individual during his or her period of
12		service for that district, or be made a condition of
13		promotion, except for the rank or position of fire chief and
14		for no more than 2 positions that rank immediately below that
15		of the chief rank which are appointed positions pursuant to
16		the Fire Department Promotion Act.
17		No person who is 35 years of age or older shall be eligible
18		to take an examination for a position as a firefighter unless
19		the person has had previous employment status as a firefighter
20		in the regularly constituted fire department of the district,
21		except as provided in this Section. The age limitation does
22		not apply to:
23		(1) any person previously employed as a full-time
24		firefighter in a regularly constituted fire department of
25		(i) any municipality or fire protection district located
26		in Illinois, (ii) a fire protection district whose

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1		obligations were assumed by a municipality under Section
2		21 of the Fire Protection District Act, or (iii) a
3		municipality whose obligations were taken over by a fire
4		protection district;
5		(2) any person who has served a fire district as a
6		regularly enrolled volunteer, paid-on-call, or part-time
7		firefighter for the 5 years immediately preceding the time
8		that the district begins to use full-time firefighters to
9		provide all or part of its fire protection service; or
10		(3) any person who turned 35 while serving as a member
11		of the active or reserve components of any of the branches
12		of the Armed Forces of the United States or the National
13		Guard of any state, whose service was characterized as
14		honorable or under honorable, if separated from the
15		military, and is currently under the age of 40.
16		No person who is under 21 years of age shall be eligible
17		for employment as a firefighter.
18		No applicant shall be examined concerning his or her
19		political or religious opinions or affiliations. The
20		examinations shall be conducted by the commissioners of the
21		district or their designees and agents.
22		No district shall require that any firefighter appointed
23		to the lowest rank serve a probationary employment period of
24		longer than one year of actual active employment, which may
25		exclude periods of training, or injury or illness leaves,
26		including duty related leave, in excess of 30 calendar days.

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1		Notwithstanding anything to the contrary in this Section, the
2		probationary employment period limitation may be extended for
3		a firefighter who is required, as a condition of employment,
4		to be a licensed paramedic, during which time the sole reason
5		that a firefighter may be discharged without a hearing is for
6		failing to meet the requirements for paramedic licensure.
7		In the event that any applicant who has been found
8		eligible for appointment and whose name has been placed upon
9		the final eligibility register provided for in this Section
10		has not been appointed to a firefighter position within one
11		year after the date of his or her physical ability
12		examination, the commission may cause a second examination to
13		be made of that applicant's physical ability prior to his or
14		her appointment. If, after the second examination, the
15		physical ability of the applicant shall be found to be less
16		than the minimum standard fixed by the rules of the
17		commission, the applicant shall not be appointed. The
18		applicant's name may be retained upon the register of
19		candidates eligible for appointment and when next reached for
20		certification and appointment that applicant may be again
21		examined as provided in this Section, and if the physical
22		ability of that applicant is found to be less than the minimum
23		standard fixed by the rules of the commission, the applicant
24		shall not be appointed, and the name of the applicant shall be
25		removed from the register.
26		(d) Notice, examination, and testing components. Notice of

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1		the time, place, general scope, merit criteria for any
2		subjective component, and fee of every examination shall be
3		given by the commission, by a publication at least 2 weeks
4		preceding the examination: (i) in one or more newspapers
5		published in the district, or if no newspaper is published
6		therein, then in one or more newspapers with a general
7		circulation within the district, or (ii) on the fire
8		protection district's Internet website. Additional notice of
9		the examination may be given as the commission shall
10		prescribe.
11		The examination and qualifying standards for employment of
12		firefighters shall be based on: mental aptitude, physical
13		ability, preferences, moral character, and health. The mental
14		aptitude, physical ability, and preference components shall
15		determine an applicant's qualification for and placement on
16		the final register of eligibles. The examination may also
17		include a subjective component based on merit criteria as
18		determined by the commission. Scores from the examination must
19		be made available to the public.
20		(e) Mental aptitude. No person who does not possess at
21		least a high school diploma or an equivalent high school
22		education shall be placed on a register of eligibles.
23		Examination of an applicant's mental aptitude shall be based
24		upon a written examination. The examination shall be practical
25		in character and relate to those matters that fairly test the
26		capacity of the persons examined to discharge the duties

SB2435 Enrolled - 807 - LRB102 04062 AMC 14078 b
1		performed by members of a fire department. Written
2		examinations shall be administered in a manner that ensures
3		the security and accuracy of the scores achieved.
4		(f) Physical ability. All candidates shall be required to
5		undergo an examination of their physical ability to perform
6		the essential functions included in the duties they may be
7		called upon to perform as a member of a fire department. For
8		the purposes of this Section, essential functions of the job
9		are functions associated with duties that a firefighter may be
10		called upon to perform in response to emergency calls. The
11		frequency of the occurrence of those duties as part of the fire
12		department's regular routine shall not be a controlling factor
13		in the design of examination criteria or evolutions selected
14		for testing. These physical examinations shall be open,
15		competitive, and based on industry standards designed to test
16		each applicant's physical abilities in the following
17		dimensions:
18		(1) Muscular strength to perform tasks and evolutions
19		that may be required in the performance of duties
20		including grip strength, leg strength, and arm strength.
21		Tests shall be conducted under anaerobic as well as
22		aerobic conditions to test both the candidate's speed and
23		endurance in performing tasks and evolutions. Tasks tested
24		may be based on standards developed, or approved, by the
25		local appointing authority.
26		(2) The ability to climb ladders, operate from

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1		heights, walk or crawl in the dark along narrow and uneven
2		surfaces, and operate in proximity to hazardous
3		environments.
4		(3) The ability to carry out critical, time-sensitive,
5		and complex problem solving during physical exertion in
6		stressful and hazardous environments. The testing
7		environment may be hot and dark with tightly enclosed
8		spaces, flashing lights, sirens, and other distractions.
9		The tests utilized to measure each applicant's
10		capabilities in each of these dimensions may be tests based on
11		industry standards currently in use or equivalent tests
12		approved by the Joint Labor-Management Committee of the Office
13		of the State Fire Marshal.
14		Physical ability examinations administered under this
15		Section shall be conducted with a reasonable number of
16		proctors and monitors, open to the public, and subject to
17		reasonable regulations of the commission.
18		(g) Scoring of examination components. Appointing
19		authorities may create a preliminary eligibility register. A
20		person shall be placed on the list based upon his or her
21		passage of the written examination or the passage of the
22		written examination and the physical ability component.
23		Passage of the written examination means attaining the minimum
24		score set by the commission. Minimum scores should be set by
25		the appointing authorities so as to demonstrate a candidate's
26		ability to perform the essential functions of the job. The

SB2435 Enrolled - 809 - LRB102 04062 AMC 14078 b
1		minimum score set by the commission shall be supported by
2		appropriate validation evidence and shall comply with all
3		applicable State and federal laws. The appointing authority
4		may conduct the physical ability component and any subjective
5		components subsequent to the posting of the preliminary
6		eligibility register.
7		The examination components for an initial eligibility
8		register shall be graded on a 100-point scale. A person's
9		position on the list shall be determined by the following: (i)
10		the person's score on the written examination, (ii) the person
11		successfully passing the physical ability component, and (iii)
12		the person's results on any subjective component as described
13		in subsection (d).
14		In order to qualify for placement on the final eligibility
15		register, an applicant's score on the written examination,
16		before any applicable preference points or subjective points
17		are applied, shall be at or above the minimum score set by the
18		commission. The local appointing authority may prescribe the
19		score to qualify for placement on the final eligibility
20		register, but the score shall not be less than the minimum
21		score set by the commission.
22		The commission shall prepare and keep a register of
23		persons whose total score is not less than the minimum score
24		for passage and who have passed the physical ability
25		examination. These persons shall take rank upon the register
26		as candidates in the order of their relative excellence based

SB2435 Enrolled - 810 - LRB102 04062 AMC 14078 b
1		on the highest to the lowest total points scored on the mental
2		aptitude, subjective component, and preference components of
3		the test administered in accordance with this Section. No more
4		than 60 days after each examination, an initial eligibility
5		list shall be posted by the commission. The list shall include
6		the final grades of the candidates without reference to
7		priority of the time of examination and subject to claim for
8		preference credit.
9		Commissions may conduct additional examinations, including
10		without limitation a polygraph test, after a final eligibility
11		register is established and before it expires with the
12		candidates ranked by total score without regard to date of
13		examination. No more than 60 days after each examination, an
14		initial eligibility list shall be posted by the commission
15		showing the final grades of the candidates without reference
16		to priority of time of examination and subject to claim for
17		preference credit.
18		(h) Preferences. The following are preferences:
19		(1) Veteran preference. Persons who were engaged in
20		the military service of the United States for a period of
21		at least one year of active duty and who were honorably
22		discharged therefrom, or who are now or have been members
23		on inactive or reserve duty in such military or naval
24		service, shall be preferred for appointment to and
25		employment with the fire department of an affected
26		department.

SB2435 Enrolled - 811 - LRB102 04062 AMC 14078 b
1		(2) Fire cadet preference. Persons who have
2		successfully completed 2 years of study in fire techniques
3		or cadet training within a cadet program established under
4		the rules of the Joint Labor and Management Committee
5		(JLMC), as defined in Section 50 of the Fire Department
6		Promotion Act, may be preferred for appointment to and
7		employment with the fire department.
8		(3) Educational preference. Persons who have
9		successfully obtained an associate's degree in the field
10		of fire service or emergency medical services, or a
11		bachelor's degree from an accredited college or university
12		may be preferred for appointment to and employment with
13		the fire department.
14		(4) Paramedic preference. Persons who have obtained a
15		license as a paramedic may be preferred for appointment to
16		and employment with the fire department of an affected
17		department providing emergency medical services.
18		(5) Experience preference. All persons employed by a
19		district who have been paid-on-call or part-time certified
20		Firefighter II, certified Firefighter III, State of
21		Illinois or nationally licensed EMT, EMT-I, A-EMT, or
22		paramedic, or any combination of those capacities may be
23		awarded up to a maximum of 5 points. However, the
24		applicant may not be awarded more than 0.5 points for each
25		complete year of paid-on-call or part-time service.
26		Applicants from outside the district who were employed as

SB2435 Enrolled - 812 - LRB102 04062 AMC 14078 b
1		full-time firefighters or firefighter-paramedics by a fire
2		protection district or municipality for at least 2 years
3		may be awarded up to 5 experience preference points.
4		However, the applicant may not be awarded more than one
5		point for each complete year of full-time service.
6		Upon request by the commission, the governing body of
7		the district or in the case of applicants from outside the
8		district the governing body of any other fire protection
9		district or any municipality shall certify to the
10		commission, within 10 days after the request, the number
11		of years of successful paid-on-call, part-time, or
12		full-time service of any person. A candidate may not
13		receive the full amount of preference points under this
14		subsection if the amount of points awarded would place the
15		candidate before a veteran on the eligibility list. If
16		more than one candidate receiving experience preference
17		points is prevented from receiving all of their points due
18		to not being allowed to pass a veteran, the candidates
19		shall be placed on the list below the veteran in rank order
20		based on the totals received if all points under this
21		subsection were to be awarded. Any remaining ties on the
22		list shall be determined by lot.
23		(6) Residency preference. Applicants whose principal
24		residence is located within the fire department's
25		jurisdiction may be preferred for appointment to and
26		employment with the fire department.

SB2435 Enrolled - 813 - LRB102 04062 AMC 14078 b
1		(7) Additional preferences. Up to 5 additional
2		preference points may be awarded for unique categories
3		based on an applicant's experience or background as
4		identified by the commission.
5		(7.5) Apprentice preferences. A person who has
6		performed fire suppression service for a department as a
7		firefighter apprentice and otherwise meet the
8		qualifications for original appointment as a firefighter
9		specified in this Section are eligible to be awarded up to
10		20 preference points. To qualify for preference points, an
11		applicant shall have completed a minimum of 600 hours of
12		fire suppression work on a regular shift for the affected
13		fire department over a 12-month period. The fire
14		suppression work must be in accordance with Section 16.06
15		of this Act and the terms established by a Joint
16		Apprenticeship Committee included in a collective
17		bargaining agreement agreed between the employer and its
18		certified bargaining agent. An eligible applicant must
19		apply to the Joint Apprenticeship Committee for preference
20		points under this item. The Joint Apprenticeship Committee
21		shall evaluate the merit of the applicant's performance,
22		determine the preference points to be awarded, and certify
23		the amount of points awarded to the commissioners. The
24		commissioners may add the certified preference points to
25		the final grades achieved by the applicant on the other
26		components of the examination.

SB2435 Enrolled - 814 - LRB102 04062 AMC 14078 b
1		(8) Scoring of preferences. The commission shall give
2		preference for original appointment to persons designated
3		in item (1) by adding to the final grade that they receive
4		5 points for the recognized preference achieved. The
5		commission may give preference for original appointment to
6		persons designated in item (7.5) by adding to the final
7		grade the amount of points designated by the Joint
8		Apprenticeship Committee as defined in item (7.5). The
9		commission shall determine the number of preference points
10		for each category, except (1) and (7.5). The number of
11		preference points for each category shall range from 0 to
12		5, except item (7.5). In determining the number of
13		preference points, the commission shall prescribe that if
14		a candidate earns the maximum number of preference points
15		in all categories except item (7.5), that number may not
16		be less than 10 nor more than 30. The commission shall give
17		preference for original appointment to persons designated
18		in items (2) through (7) by adding the requisite number of
19		points to the final grade for each recognized preference
20		achieved. The numerical result thus attained shall be
21		applied by the commission in determining the final
22		eligibility list and appointment from the eligibility
23		list. The local appointing authority may prescribe the
24		total number of preference points awarded under this
25		Section, but the total number of preference points, except
26		item (7.5), shall not be less than 10 points or more than

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1		30 points. Apprentice preference points may be added in
2		addition to other preference points awarded by the
3		commission.
4		No person entitled to any preference shall be required to
5		claim the credit before any examination held under the
6		provisions of this Section, but the preference shall be given
7		after the posting or publication of the initial eligibility
8		list or register at the request of a person entitled to a
9		credit before any certification or appointments are made from
10		the eligibility register, upon the furnishing of verifiable
11		evidence and proof of qualifying preference credit. Candidates
12		who are eligible for preference credit shall make a claim in
13		writing within 10 days after the posting of the initial
14		eligibility list, or the claim shall be deemed waived. Final
15		eligibility registers shall be established after the awarding
16		of verified preference points. However, apprentice preference
17		credit earned subsequent to the establishment of the final
18		eligibility register may be applied to the applicant's score
19		upon certification by the Joint Apprenticeship Committee to
20		the commission and the rank order of candidates on the final
21		eligibility register shall be adjusted accordingly. All
22		employment shall be subject to the commission's initial hire
23		background review including, but not limited to, criminal
24		history, employment history, moral character, oral
25		examination, and medical and psychological examinations, all
26		on a pass-fail basis. The medical and psychological

SB2435 Enrolled - 816 - LRB102 04062 AMC 14078 b
1		examinations must be conducted last, and may only be performed
2		after a conditional offer of employment has been extended.
3		Any person placed on an eligibility list who exceeds the
4		age requirement before being appointed to a fire department
5		shall remain eligible for appointment until the list is
6		abolished, or his or her name has been on the list for a period
7		of 2 years. No person who has attained the age of 35 years
8		shall be inducted into a fire department, except as otherwise
9		provided in this Section.
10		The commission shall strike off the names of candidates
11		for original appointment after the names have been on the list
12		for more than 2 years.
13		(i) Moral character. No person shall be appointed to a
14		fire department unless he or she is a person of good character;
15		not a habitual drunkard, a gambler, or a person who has been
16		convicted of a felony or a crime involving moral turpitude.
17		However, no person shall be disqualified from appointment to
18		the fire department because of the person's record of
19		misdemeanor convictions except those under Sections 11-6,
20		11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
21		12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
22		31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
23		subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of
24		1961 or the Criminal Code of 2012, or arrest for any cause
25		without conviction thereon. Any such person who is in the
26		department may be removed on charges brought for violating

SB2435 Enrolled - 817 - LRB102 04062 AMC 14078 b
1		this subsection and after a trial as hereinafter provided.
2		A classifiable set of the fingerprints of every person who
3		is offered employment as a certificated member of an affected
4		fire department whether with or without compensation, shall be
5		furnished to the Illinois Department of State Police and to
6		the Federal Bureau of Investigation by the commission.
7		Whenever a commission is authorized or required by law to
8		consider some aspect of criminal history record information
9		for the purpose of carrying out its statutory powers and
10		responsibilities, then, upon request and payment of fees in
11		conformance with the requirements of Section 2605-400 of the
12		State Police Law of the Civil Administrative Code of Illinois,
13		the Department of State Police is authorized to furnish,
14		pursuant to positive identification, the information contained
15		in State files as is necessary to fulfill the request.
16		(j) Temporary appointments. In order to prevent a stoppage
17		of public business, to meet extraordinary exigencies, or to
18		prevent material impairment of the fire department, the
19		commission may make temporary appointments, to remain in force
20		only until regular appointments are made under the provisions
21		of this Section, but never to exceed 60 days. No temporary
22		appointment of any one person shall be made more than twice in
23		any calendar year.
24		(k) A person who knowingly divulges or receives test
25		questions or answers before a written examination, or
26		otherwise knowingly violates or subverts any requirement of

SB2435 Enrolled - 818 - LRB102 04062 AMC 14078 b
1		this Section, commits a violation of this Section and may be
2		subject to charges for official misconduct.
3		A person who is the knowing recipient of test information
4		in advance of the examination shall be disqualified from the
5		examination or discharged from the position to which he or she
6		was appointed, as applicable, and otherwise subjected to
7		disciplinary actions.
8		(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;
9		revised 11-26-19.)
10		Section 330. The Park District Code is amended by changing
11		Sections 2-25 and 10-7 as follows:
12		(70 ILCS 1205/2-25) (from Ch. 105, par. 2-25)
13		Sec. 2-25. Vacancies. Whenever any member of the governing
14		board of any park district (i) dies, (ii) resigns, (iii)
15		becomes under legal disability, (iv) ceases to be a legal
16		voter in the district, (v) is convicted in any court located in
17		the United States of any infamous crime, bribery, perjury, or
18		other felony, (vi) refuses or neglects to take his or her oath
19		of office, (vii) neglects to perform the duties of his or her
20		office or attend meetings of the board for the length of time
21		as the board fixes by ordinance, or (viii) for any other reason
22		specified by law, that office may be declared vacant.
23		Vacancies shall be filled by appointment by a majority of the
24		remaining members of the board. Any person so appointed shall

SB2435 Enrolled - 819 - LRB102 04062 AMC 14078 b
1		hold his or her office until the next regular election for this
2		office, at which a member shall be elected to fill the vacancy
3		for the unexpired term, subject to the following conditions:
4		(1) If the vacancy occurs with less than 28 months
5		remaining in the term, the person appointed to fill the
6		vacancy shall hold his or her office until the expiration
7		of the term for which he or she has been appointed, and no
8		election to fill the vacancy shall be held.
9		(2) If the vacancy occurs with more than 28 months
10		left in the term, but less than 123 days before the next
11		regularly scheduled election for this office, the person
12		appointed to fill the vacancy shall hold his or her office
13		until the second regularly scheduled election for the
14		office following the appointment, at which a member shall
15		be elected to fill the vacancy for the unexpired term.
16		(Source: P.A. 101-257, eff. 8-9-19; revised 9-24-19.)
17		(70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
18		Sec. 10-7. Sale, lease, or exchange of realty.
19		(a) Any park district owning and holding any real estate
20		is authorized (1) to sell or lease that property to the State
21		of Illinois, with the State's consent, or another unit of
22		Illinois State or local government for public use, (2) to give
23		the property to the State of Illinois if the property is
24		contiguous to a State park, or (3) to lease that property upon
25		the terms and at the price that the board determines for a

SB2435 Enrolled - 820 - LRB102 04062 AMC 14078 b
1		period not to exceed 99 years to any corporation organized
2		under the laws of this State, for public use. The grantee or
3		lessee must covenant to hold and maintain the property for
4		public park or recreational purposes unless the park district
5		obtains other real property of substantially the same size or
6		larger and of substantially the same or greater suitability
7		for park purposes without additional cost to the district. In
8		the case of property given or sold under this subsection after
9		January 1, 2002 (the effective date of Public Act 92-401) this
10		amendatory Act of the 92nd General Assembly for which this
11		covenant is required, the conveyance must provide that
12		ownership of the property automatically reverts to the grantor
13		if the grantee knowingly violates the required covenant by
14		allowing all or any part of the property to be used for
15		purposes other than park or recreational purposes. Real estate
16		given, sold, or leased to the State of Illinois under this
17		subsection (1) must be 50 acres or more in size, (2) may not be
18		located within the territorial limits of a municipality, and
19		(3) may not be the site of a known environmental liability or
20		hazard.
21		(b) Any park district owning or holding any real estate is
22		authorized to convey such property to a nongovernmental entity
23		in exchange for other real property of substantially equal or
24		greater value as determined by 2 appraisals of the property
25		and of substantially the same or greater suitability for park
26		purposes without additional cost to such district.

SB2435 Enrolled - 821 - LRB102 04062 AMC 14078 b
1		Prior to such exchange with a nongovernmental entity, the
2		park board shall hold a public meeting in order to consider the
3		proposed conveyance. Notice of such meeting shall be published
4		not less than 3 three times (the first and last publication
5		being not less than 10 days apart) in a newspaper of general
6		circulation within the park district. If there is no such
7		newspaper, then such notice shall be posted in not less than 3
8		public places in said park district and such notice shall not
9		become effective until 10 days after said publication or
10		posting.
11		(c) Notwithstanding any other provision of this Act, this
12		subsection (c) shall apply only to park districts that serve
13		territory within a municipality having more than 40,000
14		inhabitants and within a county having more than 260,000
15		inhabitants and bordering the Mississippi River. Any park
16		district owning or holding real estate is authorized to sell
17		that property to any not-for-profit corporation organized
18		under the laws of this State upon the condition that the
19		corporation uses the property for public park or recreational
20		programs for youth. The park district shall have the right of
21		re-entry for breach of condition subsequent. If the
22		corporation stops using the property for these purposes, the
23		property shall revert back to ownership of the park district.
24		Any temporary suspension of use caused by the construction of
25		improvements on the property for public park or recreational
26		programs for youth is not a breach of condition subsequent.

SB2435 Enrolled - 822 - LRB102 04062 AMC 14078 b
1		Prior to the sale of the property to a not-for-profit
2		corporation, the park board shall hold a public meeting to
3		consider the proposed sale. Notice of the meeting shall be
4		published not less than 3 times (the first and last
5		publication being not less than 10 days apart) in a newspaper
6		of general circulation within the park district. If there is
7		no such newspaper, then the notice shall be posted in not less
8		than 3 public places in the park district. The notice shall be
9		published or posted at least 10 days before the meeting. A
10		resolution to approve the sale of the property to a
11		not-for-profit corporation requires adoption by a majority of
12		the park board.
13		(d) Real estate, not subject to such covenant or which has
14		not been conveyed and replaced as provided in this Section,
15		may be conveyed in the manner provided by Sections 10-7a to
16		10-7d hereof, inclusive.
17		(d-5) Notwithstanding any provision of law to the contrary
18		and in addition to the means provided by Sections 10-7a,
19		10-7b, 10-7c, and 10-7d, real estate, not subject to a
20		covenant required under subsection (a) or not conveyed and
21		replaced as provided under subsection (a), may be conveyed to
22		another unit of local government or school district if the
23		park district board approves the sale to the unit of local
24		government or school district by a four-fifths vote and: (i)
25		the park district is situated wholly within the corporate
26		limits of that unit of local government or school district; or

SB2435 Enrolled - 823 - LRB102 04062 AMC 14078 b
1		(ii) the real estate is conveyed for a price not less than the
2		appraised value of the real estate as determined by the
3		average of 3 written MAI certified appraisals or by the
4		average of 3 written certified appraisals of State certified
5		or licensed real estate appraisers.
6		(e) In addition to any other power provided in this
7		Section, any park district owning or holding real estate that
8		the board deems is not required for park or recreational
9		purposes may lease such real estate to any individual or
10		entity and may collect rents therefrom. Such lease shall not
11		exceed 4 and one-half times the term of years provided for in
12		Section 8-15 governing installment purchase contracts.
13		(f) Notwithstanding any other provision of law, if (i) the
14		real estate that a park district with a population of 3,000 or
15		less transfers by lease, license, development agreement, or
16		other means to any private entity is greater than 70% of the
17		district's total property and (ii) the current use of the real
18		estate will be substantially altered by that private entity,
19		the real estate may be conveyed only in the manner provided for
20		in Sections 10-7a, 10-7b, and 10-7c.
21		(Source: P.A. 101-243, eff. 8-9-19; 101-322, eff. 8-9-19;
22		revised 9-10-19.)
23		Section 335. The North Shore Water Reclamation District
24		Act is amended by changing Section 28 as follows:

SB2435 Enrolled - 824 - LRB102 04062 AMC 14078 b
1		(70 ILCS 2305/28) (from Ch. 42, par. 296.8)
2		Sec. 28. Annexation of territory. The board of trustees of
3		any sanitary district may annex any territory which is not
4		within the corporate limits of the sanitary district,
5		provided:
6		(a) The territory is contiguous to the annexing
7		sanitary district or the territory is non-contiguous and
8		the owner or owners of record have entered into an
9		agreement requesting the annexation of the non-contiguous
10		territory; and
11		(b) The territory is served by the sanitary district
12		or by a municipality with sanitary sewers that are
13		connected and served by the sanitary district.
14		The annexation shall be accomplished only by ordinance and
15		the ordinance shall include a description of the annexed
16		territory. The ordinance annexing non-contiguous territory
17		shall designate the ward to which the land shall be assigned. A
18		copy of the ordinance and a map of the annexed territory
19		certified as true and accurate by the clerk of the annexing
20		sanitary district shall be filed with the county clerk of the
21		county in which the annexed territory is located. The new
22		boundary shall extend to the far side of any adjacent highway
23		and shall include all of every highway within the area
24		annexed. These highways shall be considered to be annexed even
25		though not included in the legal description set forth in the
26		annexation ordinance.

SB2435 Enrolled - 825 - LRB102 04062 AMC 14078 b
1		The territory to be annexed to the sanitary district shall
2		be considered to be contiguous to the sanitary district
3		notwithstanding that the territory to be annexed is divided
4		by, or that the territory to be annexed is separated from the
5		sanitary district by, one or more railroad rights-of-way
6		rights-of-ways, public easements, or properties owned by a
7		public utility, a forest preserve district, a public agency,
8		or a not-for-profit corporation.
9		(Source: P.A. 100-31, eff. 8-4-17; revised 8-9-19.)
10		Section 340. The Street Light District Act is amended by
11		changing Section 0.01 as follows:
12		(70 ILCS 3305/0.01) (from Ch. 121, par. 354.9)
13		Sec. 0.01. Short title. This Act may be cited as the Street
14		Lighting Light District Act.
15		(Source: P.A. 86-1324; revised 8-9-19.)
16		Section 345. The Regional Transportation Authority Act is
17		amended by changing Section 4.04 as follows:
18		(70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04)
19		Sec. 4.04. Issuance and Pledge of Bonds and Notes.
20		(a) The Authority shall have the continuing power to
21		borrow money and to issue its negotiable bonds or notes as
22		provided in this Section. Unless otherwise indicated in this

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1		Section, the term "notes" also includes bond anticipation
2		notes, which are notes which by their terms provide for their
3		payment from the proceeds of bonds thereafter to be issued.
4		Bonds or notes of the Authority may be issued for any or all of
5		the following purposes: to pay costs to the Authority or a
6		Service Board of constructing or acquiring any public
7		transportation facilities (including funds and rights relating
8		thereto, as provided in Section 2.05 of this Act); to repay
9		advances to the Authority or a Service Board made for such
10		purposes; to pay other expenses of the Authority or a Service
11		Board incident to or incurred in connection with such
12		construction or acquisition; to provide funds for any
13		transportation agency to pay principal of or interest or
14		redemption premium on any bonds or notes, whether as such
15		amounts become due or by earlier redemption, issued prior to
16		the date of this amendatory Act by such transportation agency
17		to construct or acquire public transportation facilities or to
18		provide funds to purchase such bonds or notes; and to provide
19		funds for any transportation agency to construct or acquire
20		any public transportation facilities, to repay advances made
21		for such purposes, and to pay other expenses incident to or
22		incurred in connection with such construction or acquisition;
23		and to provide funds for payment of obligations, including the
24		funding of reserves, under any self-insurance plan or joint
25		self-insurance pool or entity.
26		In addition to any other borrowing as may be authorized by

SB2435 Enrolled - 827 - LRB102 04062 AMC 14078 b
1		this Section, the Authority may issue its notes, from time to
2		time, in anticipation of tax receipts of the Authority or of
3		other revenues or receipts of the Authority, in order to
4		provide money for the Authority or the Service Boards to cover
5		any cash flow deficit which the Authority or a Service Board
6		anticipates incurring. Any such notes are referred to in this
7		Section as "Working Cash Notes". No Working Cash Notes shall
8		be issued for a term of longer than 24 months. Proceeds of
9		Working Cash Notes may be used to pay day to day operating
10		expenses of the Authority or the Service Boards, consisting of
11		wages, salaries, and fringe benefits, professional and
12		technical services (including legal, audit, engineering, and
13		other consulting services), office rental, furniture, fixtures
14		and equipment, insurance premiums, claims for self-insured
15		amounts under insurance policies, public utility obligations
16		for telephone, light, heat and similar items, travel expenses,
17		office supplies, postage, dues, subscriptions, public hearings
18		and information expenses, fuel purchases, and payments of
19		grants and payments under purchase of service agreements for
20		operations of transportation agencies, prior to the receipt by
21		the Authority or a Service Board from time to time of funds for
22		paying such expenses. In addition to any Working Cash Notes
23		that the Board of the Authority may determine to issue, the
24		Suburban Bus Board, the Commuter Rail Board or the Board of the
25		Chicago Transit Authority may demand and direct that the
26		Authority issue its Working Cash Notes in such amounts and

SB2435 Enrolled - 828 - LRB102 04062 AMC 14078 b
1		having such maturities as the Service Board may determine.
2		Notwithstanding any other provision of this Act, any
3		amounts necessary to pay principal of and interest on any
4		Working Cash Notes issued at the demand and direction of a
5		Service Board or any Working Cash Notes the proceeds of which
6		were used for the direct benefit of a Service Board or any
7		other Bonds or Notes of the Authority the proceeds of which
8		were used for the direct benefit of a Service Board shall
9		constitute a reduction of the amount of any other funds
10		provided by the Authority to that Service Board. The Authority
11		shall, after deducting any costs of issuance, tender the net
12		proceeds of any Working Cash Notes issued at the demand and
13		direction of a Service Board to such Service Board as soon as
14		may be practicable after the proceeds are received. The
15		Authority may also issue notes or bonds to pay, refund or
16		redeem any of its notes and bonds, including to pay redemption
17		premiums or accrued interest on such bonds or notes being
18		renewed, paid or refunded, and other costs in connection
19		therewith. The Authority may also utilize the proceeds of any
20		such bonds or notes to pay the legal, financial,
21		administrative and other expenses of such authorization,
22		issuance, sale or delivery of bonds or notes or to provide or
23		increase a debt service reserve fund with respect to any or all
24		of its bonds or notes. The Authority may also issue and deliver
25		its bonds or notes in exchange for any public transportation
26		facilities, (including funds and rights relating thereto, as

SB2435 Enrolled - 829 - LRB102 04062 AMC 14078 b
1		provided in Section 2.05 of this Act) or in exchange for
2		outstanding bonds or notes of the Authority, including any
3		accrued interest or redemption premium thereon, without
4		advertising or submitting such notes or bonds for public
5		bidding.
6		(b) The ordinance providing for the issuance of any such
7		bonds or notes shall fix the date or dates of maturity, the
8		dates on which interest is payable, any sinking fund account
9		or reserve fund account provisions and all other details of
10		such bonds or notes and may provide for such covenants or
11		agreements necessary or desirable with regard to the issue,
12		sale and security of such bonds or notes. The rate or rates of
13		interest on its bonds or notes may be fixed or variable and the
14		Authority shall determine or provide for the determination of
15		the rate or rates of interest of its bonds or notes issued
16		under this Act in an ordinance adopted by the Authority prior
17		to the issuance thereof, none of which rates of interest shall
18		exceed that permitted in the Bond Authorization Act. Interest
19		may be payable at such times as are provided for by the Board.
20		Bonds and notes issued under this Section may be issued as
21		serial or term obligations, shall be of such denomination or
22		denominations and form, including interest coupons to be
23		attached thereto, be executed in such manner, shall be payable
24		at such place or places and bear such date as the Authority
25		shall fix by the ordinance authorizing such bond or note and
26		shall mature at such time or times, within a period not to

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1		exceed forty years from the date of issue, and may be
2		redeemable prior to maturity with or without premium, at the
3		option of the Authority, upon such terms and conditions as the
4		Authority shall fix by the ordinance authorizing the issuance
5		of such bonds or notes. No bond anticipation note or any
6		renewal thereof shall mature at any time or times exceeding 5
7		years from the date of the first issuance of such note. The
8		Authority may provide for the registration of bonds or notes
9		in the name of the owner as to the principal alone or as to
10		both principal and interest, upon such terms and conditions as
11		the Authority may determine. The ordinance authorizing bonds
12		or notes may provide for the exchange of such bonds or notes
13		which are fully registered, as to both principal and interest,
14		with bonds or notes which are registerable as to principal
15		only. All bonds or notes issued under this Section by the
16		Authority other than those issued in exchange for property or
17		for bonds or notes of the Authority shall be sold at a price
18		which may be at a premium or discount but such that the
19		interest cost (excluding any redemption premium) to the
20		Authority of the proceeds of an issue of such bonds or notes,
21		computed to stated maturity according to standard tables of
22		bond values, shall not exceed that permitted in the Bond
23		Authorization Act. The Authority shall notify the Governor's
24		Office of Management and Budget and the State Comptroller at
25		least 30 days before any bond sale and shall file with the
26		Governor's Office of Management and Budget and the State

SB2435 Enrolled - 831 - LRB102 04062 AMC 14078 b
1		Comptroller a certified copy of any ordinance authorizing the
2		issuance of bonds at or before the issuance of the bonds. After
3		December 31, 1994, any such bonds or notes shall be sold to the
4		highest and best bidder on sealed bids as the Authority shall
5		deem. As such bonds or notes are to be sold the Authority shall
6		advertise for proposals to purchase the bonds or notes which
7		advertisement shall be published at least once in a daily
8		newspaper of general circulation published in the metropolitan
9		region at least 10 days before the time set for the submission
10		of bids. The Authority shall have the right to reject any or
11		all bids. Notwithstanding any other provisions of this
12		Section, Working Cash Notes or bonds or notes to provide funds
13		for self-insurance or a joint self-insurance pool or entity
14		may be sold either upon competitive bidding or by negotiated
15		sale (without any requirement of publication of intention to
16		negotiate the sale of such Notes), as the Board shall
17		determine by ordinance adopted with the affirmative votes of
18		at least 9 Directors. In case any officer whose signature
19		appears on any bonds, notes or coupons authorized pursuant to
20		this Section shall cease to be such officer before delivery of
21		such bonds or notes, such signature shall nevertheless be
22		valid and sufficient for all purposes, the same as if such
23		officer had remained in office until such delivery. Neither
24		the Directors of the Authority nor any person executing any
25		bonds or notes thereof shall be liable personally on any such
26		bonds or notes or coupons by reason of the issuance thereof.

SB2435 Enrolled - 832 - LRB102 04062 AMC 14078 b
1		(c) All bonds or notes of the Authority issued pursuant to
2		this Section shall be general obligations of the Authority to
3		which shall be pledged the full faith and credit of the
4		Authority, as provided in this Section. Such bonds or notes
5		shall be secured as provided in the authorizing ordinance,
6		which may, notwithstanding any other provision of this Act,
7		include in addition to any other security, a specific pledge
8		or assignment of and lien on or security interest in any or all
9		tax receipts of the Authority and on any or all other revenues
10		or moneys of the Authority from whatever source, which may by
11		law be utilized for debt service purposes and a specific
12		pledge or assignment of and lien on or security interest in any
13		funds or accounts established or provided for by the ordinance
14		of the Authority authorizing the issuance of such bonds or
15		notes. Any such pledge, assignment, lien, or security interest
16		for the benefit of holders of bonds or notes of the Authority
17		shall be valid and binding from the time the bonds or notes are
18		issued without any physical delivery or further act and shall
19		be valid and binding as against and prior to the claims of all
20		other parties having claims of any kind against the Authority
21		or any other person irrespective of whether such other parties
22		have notice of such pledge, assignment, lien, or security
23		interest. The obligations of the Authority incurred pursuant
24		to this Section shall be superior to and have priority over any
25		other obligations of the Authority.
26		The Authority may provide in the ordinance authorizing the

SB2435 Enrolled - 833 - LRB102 04062 AMC 14078 b
1		issuance of any bonds or notes issued pursuant to this Section
2		for the creation of, deposits in, and regulation and
3		disposition of sinking fund or reserve accounts relating to
4		such bonds or notes. The ordinance authorizing the issuance of
5		any bonds or notes pursuant to this Section may contain
6		provisions as part of the contract with the holders of the
7		bonds or notes, for the creation of a separate fund to provide
8		for the payment of principal and interest on such bonds or
9		notes and for the deposit in such fund from any or all the tax
10		receipts of the Authority and from any or all such other moneys
11		or revenues of the Authority from whatever source which may by
12		law be utilized for debt service purposes, all as provided in
13		such ordinance, of amounts to meet the debt service
14		requirements on such bonds or notes, including principal and
15		interest, and any sinking fund or reserve fund account
16		requirements as may be provided by such ordinance, and all
17		expenses incident to or in connection with such fund and
18		accounts or the payment of such bonds or notes. Such ordinance
19		may also provide limitations on the issuance of additional
20		bonds or notes of the Authority. No such bonds or notes of the
21		Authority shall constitute a debt of the State of Illinois.
22		Nothing in this Act shall be construed to enable the Authority
23		to impose any ad valorem tax on property.
24		(d) The ordinance of the Authority authorizing the
25		issuance of any bonds or notes may provide additional security
26		for such bonds or notes by providing for appointment of a

SB2435 Enrolled - 834 - LRB102 04062 AMC 14078 b
1		corporate trustee (which may be any trust company or bank
2		having the powers of a trust company within the state) with
3		respect to such bonds or notes. The ordinance shall prescribe
4		the rights, duties, and powers of the trustee to be exercised
5		for the benefit of the Authority and the protection of the
6		holders of such bonds or notes. The ordinance may provide for
7		the trustee to hold in trust, invest, and use amounts in funds
8		and accounts created as provided by the ordinance with respect
9		to the bonds or notes. The ordinance may provide for the
10		assignment and direct payment to the trustee of any or all
11		amounts produced from the sources provided in Section 4.03 and
12		Section 4.09 of this Act and provided in Section 6z-17 of the
13		State Finance Act "An Act in relation to State finance",
14		approved June 10, 1919, as amended. Upon receipt of notice of
15		any such assignment, the Department of Revenue and the
16		Comptroller of the State of Illinois shall thereafter,
17		notwithstanding the provisions of Section 4.03 and Section
18		4.09 of this Act and Section 6z-17 of the State Finance Act "An
19		Act in relation to State finance", approved June 10, 1919, as
20		amended, provide for such assigned amounts to be paid directly
21		to the trustee instead of the Authority, all in accordance
22		with the terms of the ordinance making the assignment. The
23		ordinance shall provide that amounts so paid to the trustee
24		which are not required to be deposited, held or invested in
25		funds and accounts created by the ordinance with respect to
26		bonds or notes or used for paying bonds or notes to be paid by

SB2435 Enrolled - 835 - LRB102 04062 AMC 14078 b
1		the trustee to the Authority.
2		(e) Any bonds or notes of the Authority issued pursuant to
3		this Section shall constitute a contract between the Authority
4		and the holders from time to time of such bonds or notes. In
5		issuing any bond or note, the Authority may include in the
6		ordinance authorizing such issue a covenant as part of the
7		contract with the holders of the bonds or notes, that as long
8		as such obligations are outstanding, it shall make such
9		deposits, as provided in paragraph (c) of this Section. It may
10		also so covenant that it shall impose and continue to impose
11		taxes, as provided in Section 4.03 of this Act and in addition
12		thereto as subsequently authorized by law, sufficient to make
13		such deposits and pay the principal and interest and to meet
14		other debt service requirements of such bonds or notes as they
15		become due. A certified copy of the ordinance authorizing the
16		issuance of any such obligations shall be filed at or prior to
17		the issuance of such obligations with the Comptroller of the
18		State of Illinois and the Illinois Department of Revenue.
19		(f) The State of Illinois pledges to and agrees with the
20		holders of the bonds and notes of the Authority issued
21		pursuant to this Section that the State will not limit or alter
22		the rights and powers vested in the Authority by this Act so as
23		to impair the terms of any contract made by the Authority with
24		such holders or in any way impair the rights and remedies of
25		such holders until such bonds and notes, together with
26		interest thereon, with interest on any unpaid installments of

SB2435 Enrolled - 836 - LRB102 04062 AMC 14078 b
1		interest, and all costs and expenses in connection with any
2		action or proceedings by or on behalf of such holders, are
3		fully met and discharged. In addition, the State pledges to
4		and agrees with the holders of the bonds and notes of the
5		Authority issued pursuant to this Section that the State will
6		not limit or alter the basis on which State funds are to be
7		paid to the Authority as provided in this Act, or the use of
8		such funds, so as to impair the terms of any such contract. The
9		Authority is authorized to include these pledges and
10		agreements of the State in any contract with the holders of
11		bonds or notes issued pursuant to this Section.
12		(g)(1) Except as provided in subdivisions (g)(2) and
13		(g)(3) of Section 4.04 of this Act, the Authority shall not at
14		any time issue, sell or deliver any bonds or notes (other than
15		Working Cash Notes and lines of credit) pursuant to this
16		Section 4.04 which will cause it to have issued and
17		outstanding at any time in excess of $800,000,000 of such
18		bonds and notes (other than Working Cash Notes and lines of
19		credit). The Authority shall not issue, sell, or deliver any
20		Working Cash Notes or establish a line of credit pursuant to
21		this Section that will cause it to have issued and outstanding
22		at any time in excess of $100,000,000. However, the Authority
23		may issue, sell, and deliver additional Working Cash Notes or
24		establish a line of credit before July 1, 2022 that are over
25		and above and in addition to the $100,000,000 authorization
26		such that the outstanding amount of these additional Working

SB2435 Enrolled - 837 - LRB102 04062 AMC 14078 b
1		Cash Notes and lines of credit does do not exceed at any time
2		$300,000,000. Bonds or notes which are being paid or retired
3		by such issuance, sale or delivery of bonds or notes, and bonds
4		or notes for which sufficient funds have been deposited with
5		the paying agency of such bonds or notes to provide for payment
6		of principal and interest thereon or to provide for the
7		redemption thereof, all pursuant to the ordinance authorizing
8		the issuance of such bonds or notes, shall not be considered to
9		be outstanding for the purposes of this subsection.
10		(2) In addition to the authority provided by paragraphs
11		(1) and (3), the Authority is authorized to issue, sell, and
12		deliver bonds or notes for Strategic Capital Improvement
13		Projects approved pursuant to Section 4.13 as follows:
14		$100,000,000 is authorized to be issued on or after
15		January 1, 1990;
16		an additional $100,000,000 is authorized to be issued
17		on or after January 1, 1991;
18		an additional $100,000,000 is authorized to be issued
19		on or after January 1, 1992;
20		an additional $100,000,000 is authorized to be issued
21		on or after January 1, 1993;
22		an additional $100,000,000 is authorized to be issued
23		on or after January 1, 1994; and
24		the aggregate total authorization of bonds and notes
25		for Strategic Capital Improvement Projects as of January
26		1, 1994, shall be $500,000,000.

SB2435 Enrolled - 838 - LRB102 04062 AMC 14078 b
1		The Authority is also authorized to issue, sell, and
2		deliver bonds or notes in such amounts as are necessary to
3		provide for the refunding or advance refunding of bonds or
4		notes issued for Strategic Capital Improvement Projects under
5		this subdivision (g)(2), provided that no such refunding bond
6		or note shall mature later than the final maturity date of the
7		series of bonds or notes being refunded, and provided further
8		that the debt service requirements for such refunding bonds or
9		notes in the current or any future fiscal year shall not exceed
10		the debt service requirements for that year on the refunded
11		bonds or notes.
12		(3) In addition to the authority provided by paragraphs
13		(1) and (2), the Authority is authorized to issue, sell, and
14		deliver bonds or notes for Strategic Capital Improvement
15		Projects approved pursuant to Section 4.13 as follows:
16		$260,000,000 is authorized to be issued on or after
17		January 1, 2000;
18		an additional $260,000,000 is authorized to be issued
19		on or after January 1, 2001;
20		an additional $260,000,000 is authorized to be issued
21		on or after January 1, 2002;
22		an additional $260,000,000 is authorized to be issued
23		on or after January 1, 2003;
24		an additional $260,000,000 is authorized to be issued
25		on or after January 1, 2004; and
26		the aggregate total authorization of bonds and notes

SB2435 Enrolled - 839 - LRB102 04062 AMC 14078 b
1		for Strategic Capital Improvement Projects pursuant to
2		this paragraph (3) as of January 1, 2004 shall be
3		$1,300,000,000.
4		The Authority is also authorized to issue, sell, and
5		deliver bonds or notes in such amounts as are necessary to
6		provide for the refunding or advance refunding of bonds or
7		notes issued for Strategic Capital Improvement projects under
8		this subdivision (g)(3), provided that no such refunding bond
9		or note shall mature later than the final maturity date of the
10		series of bonds or notes being refunded, and provided further
11		that the debt service requirements for such refunding bonds or
12		notes in the current or any future fiscal year shall not exceed
13		the debt service requirements for that year on the refunded
14		bonds or notes.
15		(h) The Authority, subject to the terms of any agreements
16		with noteholders or bond holders as may then exist, shall have
17		power, out of any funds available therefor, to purchase notes
18		or bonds of the Authority, which shall thereupon be cancelled.
19		(i) In addition to any other authority granted by law, the
20		State Treasurer may, with the approval of the Governor, invest
21		or reinvest, at a price not to exceed par, any State money in
22		the State Treasury which is not needed for current
23		expenditures due or about to become due in Working Cash Notes.
24		In the event of a default on a Working Cash Note issued by the
25		Regional Transportation Authority in which State money in the
26		State treasury was invested, the Treasurer may, after giving

SB2435 Enrolled - 840 - LRB102 04062 AMC 14078 b
1		notice to the Authority, certify to the Comptroller the
2		amounts of the defaulted Working Cash Note, in accordance with
3		any applicable rules of the Comptroller, and the Comptroller
4		must deduct and remit to the State treasury the certified
5		amounts or a portion of those amounts from the following
6		proportions of payments of State funds to the Authority:
7		(1) in the first year after default, one-third of the
8		total amount of any payments of State funds to the
9		Authority;
10		(2) in the second year after default, two-thirds of
11		the total amount of any payments of State funds to the
12		Authority; and
13		(3) in the third year after default and for each year
14		thereafter until the total invested amount is repaid, the
15		total amount of any payments of State funds to the
16		Authority.
17		(j) The Authority may establish a line of credit with a
18		bank or other financial institution as may be evidenced by the
19		issuance of notes or other obligations, secured by and payable
20		from all tax receipts of the Authority and any or all other
21		revenues or moneys of the Authority, in an amount not to exceed
22		the limitations set forth in paragraph (1) of subsection (g).
23		Money borrowed under this subsection (j) shall be used to
24		provide money for the Authority or the Service Boards to cover
25		any cash flow deficit that the Authority or a Service Board
26		anticipates incurring and shall be repaid within 24 months.

SB2435 Enrolled - 841 - LRB102 04062 AMC 14078 b
1		Before establishing a line of credit under this subsection
2		(j), the Authority shall authorize the line of credit by
3		ordinance. The ordinance shall set forth facts demonstrating
4		the need for the line of credit, state the amount to be
5		borrowed, establish a maximum interest rate limit not to
6		exceed the maximum rate authorized by the Bond Authorization
7		Act, and provide a date by which the borrowed funds shall be
8		repaid. The ordinance shall authorize and direct the relevant
9		officials to make arrangements to set apart and hold, as
10		applicable, the moneys that will be used to repay the
11		borrowing. In addition, the ordinance may authorize the
12		relevant officials to make partial repayments on the line of
13		credit as the moneys become available and may contain any
14		other terms, restrictions, or limitations desirable or
15		necessary to give effect to this subsection (j).
16		The Authority shall notify the Governor's Office of
17		Management and Budget and the State Comptroller at least 30
18		days before establishing a line of credit and shall file with
19		the Governor's Office of Management and Budget and the State
20		Comptroller a certified copy of any ordinance authorizing the
21		establishment of a line of credit upon or before establishing
22		the line of credit.
23		Moneys borrowed under a line of credit pursuant to this
24		subsection (j) are general obligations of the Authority that
25		are secured by the full faith and credit of the Authority.
26		(Source: P.A. 101-485, eff. 8-23-19; revised 8-24-20.)

SB2435 Enrolled - 842 - LRB102 04062 AMC 14078 b
1		Section 350. The School Code is amended by changing
2		Sections 2-3.80, 2-3.155, 2-3.159, 10-17a, 10-20.5b, 14-8.02,
3		18-8.15, 22-33, 24A-7, 27-24.1, 27-24.2, 27A-5, 34-18, and
4		34-18.11, by setting forth and renumbering multiple versions
5		of Sections 2-3.176, 10-20.69, 22-85, and 27-23.13, and by
6		setting forth, renumbering, and changing multiple versions of
7		Section 34-18.61 as follows:
8		(105 ILCS 5/2-3.80) (from Ch. 122, par. 2-3.80)
9		Sec. 2-3.80. (a) The General Assembly recognizes that
10		agriculture is the most basic and singularly important
11		industry in the State, that agriculture is of central
12		importance to the welfare and economic stability of the State,
13		and that the maintenance of this vital industry requires a
14		continued source of trained and qualified individuals for
15		employment in agriculture and agribusiness. The General
16		Assembly hereby declares that it is in the best interests of
17		the people of the State of Illinois that a comprehensive
18		education program in agriculture be created and maintained by
19		the State's public school system in order to ensure an
20		adequate supply of trained and skilled individuals and to
21		ensure appropriate representation of racial and ethnic groups
22		in all phases of the industry. It is the intent of the General
23		Assembly that a State program for agricultural education shall
24		be a part of the curriculum of the public school system K

SB2435 Enrolled - 843 - LRB102 04062 AMC 14078 b
1		through adult, and made readily available to all school
2		districts which may, at their option, include programs in
3		education in agriculture as a part of the curriculum of that
4		district.
5		(b) The State Board of Education shall adopt such rules
6		and regulations as are necessary to implement the provisions
7		of this Section. The rules and regulations shall not create
8		any new State mandates on school districts as a condition of
9		receiving federal, State, and local funds by those entities.
10		It is in the intent of the General Assembly that, although this
11		Section does not create any new mandates, school districts are
12		strongly advised to follow the guidelines set forth in this
13		Section.
14		(c) The State Superintendent of Education shall assume
15		responsibility for the administration of the State program
16		adopted under this Section throughout the public school system
17		as well as the articulation of the State program to the
18		requirements and mandates of federally assisted education.
19		There is currently within the State Board of Education an
20		agricultural education unit to assist school districts in the
21		establishment and maintenance of educational programs pursuant
22		to the provisions of this Section. The staffing of the unit
23		shall at all times be comprised of an appropriate number of
24		full-time employees who shall serve as program consultants in
25		agricultural education and shall be available to provide
26		assistance to school districts. At least one consultant shall

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1		be responsible for the coordination of the State program, as
2		Head Consultant. At least one consultant shall be responsible
3		for the coordination of the activities of student and
4		agricultural organizations and associations.
5		(d) A committee of 13 agriculturalists representative of
6		the various and diverse areas of the agricultural industry in
7		Illinois shall be established to at least develop a curriculum
8		and overview the implementation of the Build Illinois through
9		Quality Agricultural Education plans of the Illinois
10		Leadership Council for Agricultural Education and to advise
11		the State Board of Education on vocational agricultural
12		education. The Committee shall be composed of the following: 6
13		(6) agriculturalists representing the Illinois Leadership
14		Council for Agricultural Education; 2 (2) Secondary
15		Agriculture Teachers; one (1) "Ag In The Classroom" Teacher;
16		one (1) Community College Agriculture Teacher; one (1) Adult
17		Agriculture Education Teacher; one (1) University Agriculture
18		Teacher Educator; and one (1) FFA Representative. All members
19		of the Committee shall be appointed by the Governor by and with
20		the advice and consent of the Senate. The terms of all members
21		so appointed shall be for 3 years, except that of the members
22		initially appointed, 5 shall be appointed to serve for terms
23		of one 1 year, 4 shall be appointed to serve for terms of 2
24		years, and 4 shall be appointed to serve for terms of 3 years.
25		All members of the Committee shall serve until their
26		successors are appointed and qualified. Vacancies in terms

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1		shall be filled by appointment of the Governor with the advice
2		and consent of the Senate for the extent of the unexpired term.
3		The State Board of Education shall implement a Build Illinois
4		through Quality Agricultural Education plan following receipt
5		of these recommendations which shall be made available on or
6		before March 31, 1987. Recommendations shall include, but not
7		be limited to, the development of a curriculum and a strategy
8		for the purpose of establishing a source of trained and
9		qualified individuals in agriculture, a strategy for
10		articulating the State program in agricultural education
11		throughout the public school system, and a consumer education
12		outreach strategy regarding the importance of agriculture in
13		Illinois. The committee of agriculturalists shall serve
14		without compensation.
15		(e) A school district that offers a secondary agricultural
16		education program that is approved for State and federal
17		funding must ensure that, at a minimum, all of the following
18		are available to its secondary agricultural education
19		students:
20		(1) An instructional sequence of courses approved by
21		the State Board of Education.
22		(2) A State and nationally affiliated FFA (Future
23		Farmers of America) chapter that is integral to
24		instruction and is not treated solely as an
25		extracurricular activity.
26		(3) A mechanism for ensuring the involvement of all

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1		secondary agricultural education students in formal,
2		supervised, agricultural-experience activities and
3		programs.
4		(f) Nothing in this Section may prevent those secondary
5		agricultural education programs that are in operation before
6		January 1, 2007 (the effective date of Public Act 94-855) this
7		amendatory Act of the 94th General Assembly and that do not
8		have an active State and nationally affiliated FFA chapter
9		from continuing to operate or from continuing to receive
10		funding from the State Board of Education.
11		(Source: P.A. 94-855, eff. 1-1-07; revised 8-24-20.)
12		(105 ILCS 5/2-3.155)
13		Sec. 2-3.155. Textbook block grant program.
14		(a) The provisions of this Section are in the public
15		interest, for the public benefit, and serve secular public
16		purposes.
17		(b) As used in this Section, "textbook" means any book or
18		book substitute that a pupil uses as a text or text substitute,
19		including electronic textbooks. "Textbook" includes books,
20		reusable workbooks, manuals, whether bound or in loose-leaf
21		form, instructional computer software, and electronic
22		textbooks and the technological equipment necessary to gain
23		access to and use electronic textbooks intended as a principal
24		source of study material for a given class or group of
25		students. "Textbook" also includes science curriculum

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1		materials in a kit format that includes pre-packaged
2		consumable materials if (i) it is shown that the materials
3		serve as a textbook substitute, (ii) the materials are for use
4		by the pupils as a principal learning source, (iii) each
5		component of the materials is integrally necessary to teach
6		the requirements of the intended course, (iv) the kit includes
7		teacher guidance materials, and (v) the purchase of individual
8		consumable materials is not allowed.
9		(c) Subject to annual appropriation by the General
10		Assembly, the State Board of Education is authorized to
11		provide annual funding to public school districts and
12		State-recognized, non-public schools serving students in
13		grades kindergarten through 12 for the purchase of selected
14		textbooks. The textbooks authorized to be purchased under this
15		Section are limited without exception to textbooks for use in
16		any public school and that are secular, non-religious,
17		non-sectarian, and non-discriminatory as to any of the
18		characteristics under the Illinois Human Rights Act. Textbooks
19		authorized to be purchased under this Section must include the
20		roles and contributions of all people protected under the
21		Illinois Human Rights Act. Each public school district and
22		State-recognized, non-public school shall, subject to
23		appropriations for that purpose, receive a per pupil grant for
24		the purchase of secular and non-discriminatory textbooks. The
25		per pupil grant amount must be calculated by the State Board of
26		Education utilizing the total appropriation made for these

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1		purposes divided by the most current student enrollment data
2		available.
3		(d) The State Board of Education may adopt rules as
4		necessary for the implementation of this Section and to ensure
5		the religious neutrality of the textbook block grant program,
6		as well as provide for the monitoring of all textbooks
7		authorized in this Section to be purchased directly by
8		State-recognized, nonpublic schools serving students in grades
9		kindergarten through 12.
10		(Source: P.A. 101-17, eff. 6-14-19; 101-227, eff. 7-1-20;
11		revised 8-4-20.)
12		(105 ILCS 5/2-3.159)
13		Sec. 2-3.159. State Seal of Biliteracy.
14		(a) In this Section, "foreign language" means any language
15		other than English, including all modern languages, Latin,
16		American Sign Language, Native American languages, and native
17		languages.
18		(b) The State Seal of Biliteracy program is established to
19		recognize public and non-public high school graduates who have
20		attained a high level of proficiency in one or more languages
21		in addition to English. School district and non-public school
22		participation in this program is voluntary.
23		(c) The purposes of the State Seal of Biliteracy are as
24		follows:
25		(1) To encourage pupils to study languages.

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1		(2) To certify attainment of biliteracy.
2		(3) To provide employers with a method of identifying
3		people with language and biliteracy skills.
4		(4) To provide universities with an additional method
5		to recognize applicants seeking admission.
6		(5) To prepare pupils with 21st century skills.
7		(6) To recognize the value of foreign language and
8		native language instruction in public and non-public
9		schools.
10		(7) To strengthen intergroup relationships, affirm the
11		value of diversity, and honor the multiple cultures and
12		languages of a community.
13		(d) The State Seal of Biliteracy certifies attainment of a
14		high level of proficiency, sufficient for meaningful use in
15		college and a career, by a graduating public or non-public
16		high school pupil in one or more languages in addition to
17		English.
18		(e) The State Board of Education shall adopt such rules as
19		may be necessary to establish the criteria that pupils must
20		achieve to earn a State Seal of Biliteracy, which may include
21		without limitation attainment of units of credit in English
22		language arts and languages other than English and passage of
23		such assessments of foreign language proficiency as may be
24		approved by the State Board of Education for this purpose.
25		These rules shall ensure that the criteria that pupils must
26		achieve to earn a State Seal of Biliteracy meet the course

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1		credit criteria established under subsection (i) of this
2		Section.
3		(e-5) To demonstrate sufficient English language
4		proficiency for eligibility to receive a State Seal of
5		Biliteracy under this Section, the State Board of Education
6		shall allow a pupil to provide his or her school district with
7		evidence of completion of any of the following, in accordance
8		with guidelines for proficiency adopted by the State Board:
9		(1) An AP (Advanced Placement) English Language and
10		Composition Exam.
11		(2) An English language arts dual credit course.
12		(3) Transitional coursework in English language arts
13		articulated in partnership with a public community college
14		as an ESSA (Every Student Succeeds Act) College and Career
15		Readiness Indicator.
16		(f) The State Board of Education shall do both of the
17		following:
18		(1) Prepare and deliver to participating school
19		districts and non-public schools an appropriate mechanism
20		for designating the State Seal of Biliteracy on the
21		diploma and transcript of the pupil indicating that the
22		pupil has been awarded a State Seal of Biliteracy by the
23		State Board of Education.
24		(2) Provide other information the State Board of
25		Education deems necessary for school districts and
26		non-public schools to successfully participate in the

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1		program.
2		(g) A school district or non-public school that
3		participates in the program under this Section shall do both
4		of the following:
5		(1) Maintain appropriate records in order to identify
6		pupils who have earned a State Seal of Biliteracy.
7		(2) Make the appropriate designation on the diploma
8		and transcript of each pupil who earns a State Seal of
9		Biliteracy.
10		(h) No fee shall be charged to a pupil to receive the
11		designation pursuant to this Section. Notwithstanding this
12		prohibition, costs may be incurred by the pupil in
13		demonstrating proficiency, including without limitation any
14		assessments required under subsection (e) of this Section.
15		(i) For admissions purposes, each public university in
16		this State shall accept the State Seal of Biliteracy as
17		equivalent to 2 years of foreign language coursework taken
18		during high school if a student's high school transcript
19		indicates that he or she will be receiving or has received the
20		State Seal of Biliteracy.
21		(j) Each public community college and public university in
22		this State shall establish criteria to translate a State Seal
23		of Biliteracy into course credit based on foreign language
24		course equivalencies identified by the community college's or
25		university's faculty and staff and, upon request from an
26		enrolled student, the community college or university shall

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1		award foreign language course credit to a student who has
2		received a State Seal of Biliteracy. Students enrolled in a
3		public community college or public university who have
4		received a State Seal of Biliteracy must request course credit
5		for their seal within 3 academic years after graduating from
6		high school.
7		(Source: P.A. 101-222, eff. 1-1-20; 101-503, eff. 8-23-19;
8		revised 9-9-19.)
9		(105 ILCS 5/2-3.176)
10		Sec. 2-3.176. Transfers to Governor's Grant Fund. In
11		addition to any other transfers that may be provided for by
12		law, the State Comptroller shall direct and the State
13		Treasurer shall transfer from the SBE Federal Agency Services
14		Fund and the SBE Federal Department of Education Fund into the
15		Governor's Grant Fund such amounts as may be directed in
16		writing by the State Board of Education.
17		(Source: P.A. 101-10, eff. 6-5-19.)
18		(105 ILCS 5/2-3.179)
19		Sec. 2-3.179 2-3.176. Work-based learning database.
20		(a) In this Section, "work-based learning" means an
21		educational strategy that provides students with real-life
22		work experiences in which they can apply academic and
23		technical skills and develop their employability.
24		(b) The State Board must develop a work-based learning

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1		database to help facilitate relationships between school
2		districts and businesses and expand work-based learning in
3		this State.
4		(Source: P.A. 101-389, eff. 8-16-19; revised 10-21-19.)
5		(105 ILCS 5/2-3.180)
6		Sec. 2-3.180 2-3.176. School safety and security grants.
7		Subject to appropriation or private donations, the State Board
8		of Education shall award grants to school districts to support
9		school safety and security. Grant funds may be used for school
10		security improvements, including professional development,
11		safety-related upgrades to school buildings, equipment,
12		including metal detectors and x-ray machines, and facilities,
13		including school-based health centers. The State Board must
14		prioritize the distribution of grants under this Section to
15		school districts designated as Tier 1 or Tier 2 under Section
16		18-8.15.
17		(Source: P.A. 101-413, eff. 1-1-20; revised 10-21-19.)
18		(105 ILCS 5/2-3.181)
19		Sec. 2-3.181 2-3.176. Safe Schools and Healthy Learning
20		Environments Grant Program.
21		(a) The State Board of Education, subject to
22		appropriation, is authorized to award competitive grants on an
23		annual basis under a Safe Schools and Healthy Learning
24		Environments Grant Program. The goal of this grant program is

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1		to promote school safety and healthy learning environments by
2		providing schools with additional resources to implement
3		restorative interventions and resolution strategies as
4		alternatives to exclusionary discipline, and to address the
5		full range of students' intellectual, social, emotional,
6		physical, psychological, and moral developmental needs.
7		(b) To receive a grant under this program, a school
8		district must submit with its grant application a plan for
9		implementing evidence-based and promising practices that are
10		aligned with the goal of this program. The application may
11		include proposals to (i) hire additional school support
12		personnel, including, but not limited to, restorative justice
13		practitioners, school psychologists, school social workers,
14		and other mental and behavioral health specialists; (ii) use
15		existing school-based resources, community-based resources, or
16		other experts and practitioners to expand alternatives to
17		exclusionary discipline, mental and behavioral health
18		supports, wraparound services, or drug and alcohol treatment;
19		and (iii) provide training for school staff on trauma-informed
20		approaches to meeting students' developmental needs,
21		addressing the effects of toxic stress, restorative justice
22		approaches, conflict resolution techniques, and the effective
23		utilization of school support personnel and community-based
24		services. For purposes of this subsection, "promising
25		practices" means practices that present, based on preliminary
26		information, potential for becoming evidence-based practices.

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1		Grant funds may not be used to increase the use of
2		school-based law enforcement or security personnel. Nothing in
3		this Section shall prohibit school districts from involving
4		law enforcement personnel when necessary and allowed by law.
5		(c) The State Board of Education, subject to appropriation
6		for the grant program, shall annually disseminate a request
7		for applications to this program, and funds shall be
8		distributed annually. The criteria to be considered by the
9		State Board of Education in awarding the funds shall be (i) the
10		average ratio of school support personnel to students in the
11		target schools over the preceding 3 school years, with
12		priority given to applications with a demonstrated shortage of
13		school support personnel to meet student needs; and (ii) the
14		degree to which the proposal articulates a comprehensive
15		approach for reducing exclusionary discipline while building
16		safe and healthy learning environments. Priority shall be
17		given to school districts that meet the metrics under
18		subsection (b) of Section 2-3.162.
19		(d) The State Board of Education, subject to appropriation
20		for the grant program, shall produce an annual report on the
21		program in cooperation with the school districts participating
22		in the program. The report shall include available
23		quantitative information on the progress being made in
24		reducing exclusionary discipline and the effects of the
25		program on school safety and school climate. This report shall
26		be posted on the State Board of Education's website by October

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1		31 of each year, beginning in 2020.
2		(e) The State Board of Education may adopt any rules
3		necessary for the implementation of this program.
4		(Source: P.A. 101-438, eff. 8-20-19; revised 10-21-19.)
5		(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
6		Sec. 10-17a. State, school district, and school report
7		cards.
8		(1) By October 31, 2013 and October 31 of each subsequent
9		school year, the State Board of Education, through the State
10		Superintendent of Education, shall prepare a State report
11		card, school district report cards, and school report cards,
12		and shall by the most economic means provide to each school
13		district in this State, including special charter districts
14		and districts subject to the provisions of Article 34, the
15		report cards for the school district and each of its schools.
16		(2) In addition to any information required by federal
17		law, the State Superintendent shall determine the indicators
18		and presentation of the school report card, which must
19		include, at a minimum, the most current data collected and
20		maintained by the State Board of Education related to the
21		following:
22		(A) school characteristics and student demographics,
23		including average class size, average teaching experience,
24		student racial/ethnic breakdown, and the percentage of
25		students classified as low-income; the percentage of

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1		students classified as English learners; the percentage of
2		students who have individualized education plans or 504
3		plans that provide for special education services; the
4		number and percentage of all students who have been
5		assessed for placement in a gifted education or advanced
6		academic program and, of those students: (i) the racial
7		and ethnic breakdown, (ii) the percentage who are
8		classified as low-income, and (iii) the number and
9		percentage of students who received direct instruction
10		from a teacher who holds a gifted education endorsement
11		and, of those students, the percentage who are classified
12		as low-income; the percentage of students scoring at the
13		"exceeds expectations" level on the assessments required
14		under Section 2-3.64a-5 of this Code; the percentage of
15		students who annually transferred in or out of the school
16		district; average daily attendance; the per-pupil
17		operating expenditure of the school district; and the
18		per-pupil State average operating expenditure for the
19		district type (elementary, high school, or unit);
20		(B) curriculum information, including, where
21		applicable, Advanced Placement, International
22		Baccalaureate or equivalent courses, dual enrollment
23		courses, foreign language classes, school personnel
24		resources (including Career Technical Education teachers),
25		before and after school programs, extracurricular
26		activities, subjects in which elective classes are

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1		offered, health and wellness initiatives (including the
2		average number of days of Physical Education per week per
3		student), approved programs of study, awards received,
4		community partnerships, and special programs such as
5		programming for the gifted and talented, students with
6		disabilities, and work-study students;
7		(C) student outcomes, including, where applicable, the
8		percentage of students deemed proficient on assessments of
9		State standards, the percentage of students in the eighth
10		grade who pass Algebra, the percentage of students who
11		participated in workplace learning experiences, the
12		percentage of students enrolled in post-secondary
13		institutions (including colleges, universities, community
14		colleges, trade/vocational schools, and training programs
15		leading to career certification within 2 semesters of high
16		school graduation), the percentage of students graduating
17		from high school who are college and career ready, and the
18		percentage of graduates enrolled in community colleges,
19		colleges, and universities who are in one or more courses
20		that the community college, college, or university
21		identifies as a developmental course;
22		(D) student progress, including, where applicable, the
23		percentage of students in the ninth grade who have earned
24		5 credits or more without failing more than one core
25		class, a measure of students entering kindergarten ready
26		to learn, a measure of growth, and the percentage of

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1		students who enter high school on track for college and
2		career readiness;
3		(E) the school environment, including, where
4		applicable, the percentage of students with less than 10
5		absences in a school year, the percentage of teachers with
6		less than 10 absences in a school year for reasons other
7		than professional development, leaves taken pursuant to
8		the federal Family Medical Leave Act of 1993, long-term
9		disability, or parental leaves, the 3-year average of the
10		percentage of teachers returning to the school from the
11		previous year, the number of different principals at the
12		school in the last 6 years, the number of teachers who hold
13		a gifted education endorsement, the process and criteria
14		used by the district to determine whether a student is
15		eligible for participation in a gifted education program
16		or advanced academic program and the manner in which
17		parents and guardians are made aware of the process and
18		criteria, 2 or more indicators from any school climate
19		survey selected or approved by the State and administered
20		pursuant to Section 2-3.153 of this Code, with the same or
21		similar indicators included on school report cards for all
22		surveys selected or approved by the State pursuant to
23		Section 2-3.153 of this Code, and the combined percentage
24		of teachers rated as proficient or excellent in their most
25		recent evaluation;
26		(F) a school district's and its individual schools'

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1		balanced accountability measure, in accordance with
2		Section 2-3.25a of this Code;
3		(G) the total and per pupil normal cost amount the
4		State contributed to the Teachers' Retirement System of
5		the State of Illinois in the prior fiscal year for the
6		school's employees, which shall be reported to the State
7		Board of Education by the Teachers' Retirement System of
8		the State of Illinois;
9		(H) for a school district organized under Article 34
10		of this Code only, State contributions to the Public
11		School Teachers' Pension and Retirement Fund of Chicago
12		and State contributions for health care for employees of
13		that school district;
14		(I) a school district's Final Percent of Adequacy, as
15		defined in paragraph (4) of subsection (f) of Section
16		18-8.15 of this Code;
17		(J) a school district's Local Capacity Target, as
18		defined in paragraph (2) of subsection (c) of Section
19		18-8.15 of this Code, displayed as a percentage amount;
20		(K) a school district's Real Receipts, as defined in
21		paragraph (1) of subsection (d) of Section 18-8.15 of this
22		Code, divided by a school district's Adequacy Target, as
23		defined in paragraph (1) of subsection (b) of Section
24		18-8.15 of this Code, displayed as a percentage amount;
25		(L) a school district's administrative costs; and
26		(M) whether or not the school has participated in the

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1		Illinois Youth Survey. In this paragraph (M), "Illinois
2		Youth Survey" means a self-report survey, administered in
3		school settings every 2 years, designed to gather
4		information about health and social indicators, including
5		substance abuse patterns and the attitudes of students in
6		grades 8, 10, and 12; and
7		(N) whether the school offered its students career and
8		technical education opportunities.
9		The school report card shall also provide information that
10		allows for comparing the current outcome, progress, and
11		environment data to the State average, to the school data from
12		the past 5 years, and to the outcomes, progress, and
13		environment of similar schools based on the type of school and
14		enrollment of low-income students, special education students,
15		and English learners.
16		As used in this subsection (2):
17		"Administrative costs" means costs associated with
18		executive, administrative, or managerial functions within the
19		school district that involve planning, organizing, managing,
20		or directing the school district.
21		"Advanced academic program" means a course of study to
22		which students are assigned based on advanced cognitive
23		ability or advanced academic achievement compared to local age
24		peers and in which the curriculum is substantially
25		differentiated from the general curriculum to provide
26		appropriate challenge and pace.

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1		"Gifted education" means educational services, including
2		differentiated curricula and instructional methods, designed
3		to meet the needs of gifted children as defined in Article 14A
4		of this Code.
5		For the purposes of paragraph (A) of this subsection (2),
6		"average daily attendance" means the average of the actual
7		number of attendance days during the previous school year for
8		any enrolled student who is subject to compulsory attendance
9		by Section 26-1 of this Code at each school and charter school.
10		(3) At the discretion of the State Superintendent, the
11		school district report card shall include a subset of the
12		information identified in paragraphs (A) through (E) of
13		subsection (2) of this Section, as well as information
14		relating to the operating expense per pupil and other finances
15		of the school district, and the State report card shall
16		include a subset of the information identified in paragraphs
17		(A) through (E) and paragraph (N) of subsection (2) of this
18		Section. The school district report card shall include the
19		average daily attendance, as that term is defined in
20		subsection (2) of this Section, of students who have
21		individualized education programs and students who have 504
22		plans that provide for special education services within the
23		school district.
24		(4) Notwithstanding anything to the contrary in this
25		Section, in consultation with key education stakeholders, the
26		State Superintendent shall at any time have the discretion to

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1		amend or update any and all metrics on the school, district, or
2		State report card.
3		(5) Annually, no more than 30 calendar days after receipt
4		of the school district and school report cards from the State
5		Superintendent of Education, each school district, including
6		special charter districts and districts subject to the
7		provisions of Article 34, shall present such report cards at a
8		regular school board meeting subject to applicable notice
9		requirements, post the report cards on the school district's
10		Internet web site, if the district maintains an Internet web
11		site, make the report cards available to a newspaper of
12		general circulation serving the district, and, upon request,
13		send the report cards home to a parent (unless the district
14		does not maintain an Internet web site, in which case the
15		report card shall be sent home to parents without request). If
16		the district posts the report card on its Internet web site,
17		the district shall send a written notice home to parents
18		stating (i) that the report card is available on the web site,
19		(ii) the address of the web site, (iii) that a printed copy of
20		the report card will be sent to parents upon request, and (iv)
21		the telephone number that parents may call to request a
22		printed copy of the report card.
23		(6) Nothing contained in Public Act 98-648 repeals,
24		supersedes, invalidates, or nullifies final decisions in
25		lawsuits pending on July 1, 2014 (the effective date of Public
26		Act 98-648) in Illinois courts involving the interpretation of

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1		Public Act 97-8.
2		(Source: P.A. 100-227, eff. 8-18-17; 100-364, eff. 1-1-18;
3		100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807, eff.
4		8-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19; 101-68,
5		eff. 1-1-20; 101-81, eff. 7-12-19; revised 9-9-19.)
6		(105 ILCS 5/10-20.5b) (from Ch. 122, par. 10-20.5b)
7		Sec. 10-20.5b. Tobacco prohibition. Each school board
8		shall prohibit the use of tobacco on school property by any
9		school personnel, student, or other person when such property
10		is being used for any school purposes. The school board may not
11		authorize or permit any exception to or exemption from the
12		prohibition at any place or at any time, including, without
13		limitation, outside of school buildings or before or after the
14		regular school day or on days when school is not in session.
15		"School purposes" includes, but is include but are not limited
16		to, all events or activities or other use of school property
17		that the school board or school officials authorize or permit
18		on school property, including, without limitation, all
19		interscholastic or extracurricular athletic, academic, or
20		other events sponsored by the school board or in which pupils
21		of the district participate. For purposes of this Section
22		"tobacco" shall mean a cigarette, a cigar, or tobacco in any
23		other form, including smokeless tobacco which is any loose,
24		cut, shredded, ground, powdered, compressed, or leaf tobacco
25		that is intended to be placed in the mouth without being

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1		smoked.
2		(Source: P.A. 89-181, eff. 7-19-95; revised 12-21-20.)
3		(105 ILCS 5/10-20.69)
4		Sec. 10-20.69. Policy on sexual harassment. Each school
5		district must create, maintain, and implement an
6		age-appropriate policy on sexual harassment that must be
7		posted on the school district's website and, if applicable,
8		any other area where policies, rules, and standards of conduct
9		are currently posted in each school and must also be included
10		in the school district's student code of conduct handbook.
11		(Source: P.A. 101-418, eff. 1-1-20.)
12		(105 ILCS 5/10-20.70)
13		Sec. 10-20.70 10-20.69. Class size reporting. No later
14		than November 16, 2020, and annually thereafter, each school
15		district must report to the State Board of Education
16		information on the school district described under subsection
17		(b) of Section 2-3.136a and must make that information
18		available on its website.
19		(Source: P.A. 101-451, eff. 1-1-20; revised 10-21-19.)
20		(105 ILCS 5/10-20.71)
21		Sec. 10-20.71 10-20.69. Sexual abuse investigations at
22		schools. Every 2 years, each school district must review all
23		existing policies and procedures concerning sexual abuse

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1		investigations at schools to ensure consistency with Section
2		22-85.
3		(Source: P.A. 101-531, eff. 8-23-19; revised 10-21-19.)
4		(105 ILCS 5/10-20.72)
5		Sec. 10-20.72 10-20.69. Door security locking means.
6		(a) In this Section, "door security locking means" means a
7		door locking means intended for use by a trained school
8		district employee in a school building for the purpose of
9		preventing ingress through a door of the building.
10		(b) A school district may install a door security locking
11		means on a door of a school building to prevent unwanted entry
12		through the door if all of the following requirements are met:
13		(1) The door security locking means can be engaged
14		without opening the door.
15		(2) The unlocking and unlatching of the door security
16		locking means from the occupied side of the door can be
17		accomplished without the use of a key or tool.
18		(3) The door security locking means complies with all
19		applicable State and federal accessibility requirements.
20		(4) Locks, if remotely engaged, can be unlocked from
21		the occupied side.
22		(5) The door security locking means is capable of
23		being disengaged from the outside by school district
24		employees, and school district employees may use a key or
25		other credentials to unlock the door from the outside.

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1		(6) The door security locking means does not modify
2		the door-closing hardware, panic hardware, or fire exit
3		hardware.
4		(7) Any bolts, stops, brackets, or pins employed by
5		the door security locking means do not affect the fire
6		rating of a fire door assembly.
7		(8) School district employees are trained in the
8		engagement and release of the door security locking means,
9		from within and outside the room, as part of the emergency
10		response plan.
11		(9) For doors installed before July 1, 2019 only, the
12		unlocking and unlatching of a door security locking means
13		requires no more than 2 releasing operations. For doors
14		installed on or after July 1, 2019, the unlocking and
15		unlatching of a door security locking means requires no
16		more than one releasing operation. If doors installed
17		before July 1, 2019 are replaced on or after July 1, 2019,
18		the unlocking and unlatching of a door security locking
19		means on the replacement door requires no more than one
20		releasing operation.
21		(10) The door security locking means is no more than
22		48 inches above the finished floor.
23		(11) The door security locking means otherwise
24		complies with the school building code prepared by the
25		State Board of Education under Section 2-3.12.
26		A school district may install a door security locking

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1		means that does not comply with paragraph (3) or (10) of this
2		subsection if (i) the school district meets all other
3		requirements under this subsection and (ii) prior to its
4		installation, local law enforcement officials, the local fire
5		department, and the school board agree, in writing, to the
6		installation and use of the door security locking means. The
7		school district must keep the agreement on file and must, upon
8		request, provide the agreement to its regional office of
9		education. The agreement must be included in the school
10		district's filed school safety plan under the School Safety
11		Drill Act.
12		(c) A school district must include the location of any
13		door security locking means and must address the use of the
14		locking and unlocking means from within and outside the room
15		in its filed school safety plan under the School Safety Drill
16		Act. Local law enforcement officials and the local fire
17		department must be notified of the location of any door
18		security locking means and how to disengage it. Any specific
19		tool needed to disengage the door security locking means from
20		the outside of the room must, upon request, be made available
21		to local law enforcement officials and the local fire
22		department.
23		(d) A door security locking means may be used only (i) by a
24		school district employee trained under subsection (e), (ii)
25		during an emergency that threatens the health and safety of
26		students and employees or during an active shooter drill, and

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1		(iii) when local law enforcement officials and the local fire
2		department have been notified of its installation prior to its
3		use. The door security locking means must be engaged for a
4		finite period of time in accordance with the school district's
5		school safety plan adopted under the School Safety Drill Act.
6		(e) A school district that has installed a door security
7		locking means shall conduct an in-service training program for
8		school district employees on the proper use of the door
9		security locking means. The school district shall keep a file
10		verifying the employees who have completed the program and
11		must, upon request, provide the file to its regional office of
12		education and the local fire department and local law
13		enforcement agency.
14		(f) A door security locking means that requires 2
15		releasing operations must be discontinued from use when the
16		door is replaced or is a part of new construction. Replacement
17		and new construction door hardware must include mortise locks,
18		compliant with the applicable building code, and must be
19		lockable from the occupied side without opening the door.
20		However, mortise locks are not required if panic hardware or
21		fire exit hardware is required.
22		(Source: P.A. 101-548, eff. 8-23-19; revised 10-21-19.)
23		(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
24		Sec. 14-8.02. Identification, evaluation, and placement of
25		children.

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1		(a) The State Board of Education shall make rules under
2		which local school boards shall determine the eligibility of
3		children to receive special education. Such rules shall ensure
4		that a free appropriate public education be available to all
5		children with disabilities as defined in Section 14-1.02. The
6		State Board of Education shall require local school districts
7		to administer non-discriminatory procedures or tests to
8		English learners coming from homes in which a language other
9		than English is used to determine their eligibility to receive
10		special education. The placement of low English proficiency
11		students in special education programs and facilities shall be
12		made in accordance with the test results reflecting the
13		student's linguistic, cultural and special education needs.
14		For purposes of determining the eligibility of children the
15		State Board of Education shall include in the rules
16		definitions of "case study", "staff conference",
17		"individualized educational program", and "qualified
18		specialist" appropriate to each category of children with
19		disabilities as defined in this Article. For purposes of
20		determining the eligibility of children from homes in which a
21		language other than English is used, the State Board of
22		Education shall include in the rules definitions for
23		"qualified bilingual specialists" and "linguistically and
24		culturally appropriate individualized educational programs".
25		For purposes of this Section, as well as Sections 14-8.02a,
26		14-8.02b, and 14-8.02c of this Code, "parent" means a parent

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1		as defined in the federal Individuals with Disabilities
2		Education Act (20 U.S.C. 1401(23)).
3		(b) No child shall be eligible for special education
4		facilities except with a carefully completed case study fully
5		reviewed by professional personnel in a multidisciplinary
6		staff conference and only upon the recommendation of qualified
7		specialists or a qualified bilingual specialist, if available.
8		At the conclusion of the multidisciplinary staff conference,
9		the parent of the child shall be given a copy of the
10		multidisciplinary conference summary report and
11		recommendations, which includes options considered, and be
12		informed of his or her their right to obtain an independent
13		educational evaluation if he or she disagrees they disagree
14		with the evaluation findings conducted or obtained by the
15		school district. If the school district's evaluation is shown
16		to be inappropriate, the school district shall reimburse the
17		parent for the cost of the independent evaluation. The State
18		Board of Education shall, with advice from the State Advisory
19		Council on Education of Children with Disabilities on the
20		inclusion of specific independent educational evaluators,
21		prepare a list of suggested independent educational
22		evaluators. The State Board of Education shall include on the
23		list clinical psychologists licensed pursuant to the Clinical
24		Psychologist Licensing Act. Such psychologists shall not be
25		paid fees in excess of the amount that would be received by a
26		school psychologist for performing the same services. The

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1		State Board of Education shall supply school districts with
2		such list and make the list available to parents at their
3		request. School districts shall make the list available to
4		parents at the time they are informed of their right to obtain
5		an independent educational evaluation. However, the school
6		district may initiate an impartial due process hearing under
7		this Section within 5 days of any written parent request for an
8		independent educational evaluation to show that its evaluation
9		is appropriate. If the final decision is that the evaluation
10		is appropriate, the parent still has a right to an independent
11		educational evaluation, but not at public expense. An
12		independent educational evaluation at public expense must be
13		completed within 30 days of a parent written request unless
14		the school district initiates an impartial due process hearing
15		or the parent or school district offers reasonable grounds to
16		show that such 30-day 30 day time period should be extended. If
17		the due process hearing decision indicates that the parent is
18		entitled to an independent educational evaluation, it must be
19		completed within 30 days of the decision unless the parent or
20		the school district offers reasonable grounds to show that
21		such 30-day 30 day period should be extended. If a parent
22		disagrees with the summary report or recommendations of the
23		multidisciplinary conference or the findings of any
24		educational evaluation which results therefrom, the school
25		district shall not proceed with a placement based upon such
26		evaluation and the child shall remain in his or her regular

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1		classroom setting. No child shall be eligible for admission to
2		a special class for children with a mental disability who are
3		educable or for children with a mental disability who are
4		trainable except with a psychological evaluation and
5		recommendation by a school psychologist. Consent shall be
6		obtained from the parent of a child before any evaluation is
7		conducted. If consent is not given by the parent or if the
8		parent disagrees with the findings of the evaluation, then the
9		school district may initiate an impartial due process hearing
10		under this Section. The school district may evaluate the child
11		if that is the decision resulting from the impartial due
12		process hearing and the decision is not appealed or if the
13		decision is affirmed on appeal. The determination of
14		eligibility shall be made and the IEP meeting shall be
15		completed within 60 school days from the date of written
16		parental consent. In those instances when written parental
17		consent is obtained with fewer than 60 pupil attendance days
18		left in the school year, the eligibility determination shall
19		be made and the IEP meeting shall be completed prior to the
20		first day of the following school year. Special education and
21		related services must be provided in accordance with the
22		student's IEP no later than 10 school attendance days after
23		notice is provided to the parents pursuant to Section 300.503
24		of Title 34 of the Code of Federal Regulations and
25		implementing rules adopted by the State Board of Education.
26		The appropriate program pursuant to the individualized

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1		educational program of students whose native tongue is a
2		language other than English shall reflect the special
3		education, cultural and linguistic needs. No later than
4		September 1, 1993, the State Board of Education shall
5		establish standards for the development, implementation and
6		monitoring of appropriate bilingual special individualized
7		educational programs. The State Board of Education shall
8		further incorporate appropriate monitoring procedures to
9		verify implementation of these standards. The district shall
10		indicate to the parent and the State Board of Education the
11		nature of the services the child will receive for the regular
12		school term while waiting placement in the appropriate special
13		education class. At the child's initial IEP meeting and at
14		each annual review meeting, the child's IEP team shall provide
15		the child's parent or guardian with a written notification
16		that informs the parent or guardian that the IEP team is
17		required to consider whether the child requires assistive
18		technology in order to receive free, appropriate public
19		education. The notification must also include a toll-free
20		telephone number and internet address for the State's
21		assistive technology program.
22		If the child is deaf, hard of hearing, blind, or visually
23		impaired and he or she might be eligible to receive services
24		from the Illinois School for the Deaf or the Illinois School
25		for the Visually Impaired, the school district shall notify
26		the parents, in writing, of the existence of these schools and

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1		the services they provide and shall make a reasonable effort
2		to inform the parents of the existence of other, local schools
3		that provide similar services and the services that these
4		other schools provide. This notification shall include without
5		limitation information on school services, school admissions
6		criteria, and school contact information.
7		In the development of the individualized education program
8		for a student who has a disability on the autism spectrum
9		(which includes autistic disorder, Asperger's disorder,
10		pervasive developmental disorder not otherwise specified,
11		childhood disintegrative disorder, and Rett Syndrome, as
12		defined in the Diagnostic and Statistical Manual of Mental
13		Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
14		consider all of the following factors:
15		(1) The verbal and nonverbal communication needs of
16		the child.
17		(2) The need to develop social interaction skills and
18		proficiencies.
19		(3) The needs resulting from the child's unusual
20		responses to sensory experiences.
21		(4) The needs resulting from resistance to
22		environmental change or change in daily routines.
23		(5) The needs resulting from engagement in repetitive
24		activities and stereotyped movements.
25		(6) The need for any positive behavioral
26		interventions, strategies, and supports to address any

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1		behavioral difficulties resulting from autism spectrum
2		disorder.
3		(7) Other needs resulting from the child's disability
4		that impact progress in the general curriculum, including
5		social and emotional development.
6		Public Act 95-257 does not create any new entitlement to a
7		service, program, or benefit, but must not affect any
8		entitlement to a service, program, or benefit created by any
9		other law.
10		If the student may be eligible to participate in the
11		Home-Based Support Services Program for Adults with Mental
12		Disabilities authorized under the Developmental Disability and
13		Mental Disability Services Act upon becoming an adult, the
14		student's individualized education program shall include plans
15		for (i) determining the student's eligibility for those
16		home-based services, (ii) enrolling the student in the program
17		of home-based services, and (iii) developing a plan for the
18		student's most effective use of the home-based services after
19		the student becomes an adult and no longer receives special
20		educational services under this Article. The plans developed
21		under this paragraph shall include specific actions to be
22		taken by specified individuals, agencies, or officials.
23		(c) In the development of the individualized education
24		program for a student who is functionally blind, it shall be
25		presumed that proficiency in Braille reading and writing is
26		essential for the student's satisfactory educational progress.

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1		For purposes of this subsection, the State Board of Education
2		shall determine the criteria for a student to be classified as
3		functionally blind. Students who are not currently identified
4		as functionally blind who are also entitled to Braille
5		instruction include: (i) those whose vision loss is so severe
6		that they are unable to read and write at a level comparable to
7		their peers solely through the use of vision, and (ii) those
8		who show evidence of progressive vision loss that may result
9		in functional blindness. Each student who is functionally
10		blind shall be entitled to Braille reading and writing
11		instruction that is sufficient to enable the student to
12		communicate with the same level of proficiency as other
13		students of comparable ability. Instruction should be provided
14		to the extent that the student is physically and cognitively
15		able to use Braille. Braille instruction may be used in
16		combination with other special education services appropriate
17		to the student's educational needs. The assessment of each
18		student who is functionally blind for the purpose of
19		developing the student's individualized education program
20		shall include documentation of the student's strengths and
21		weaknesses in Braille skills. Each person assisting in the
22		development of the individualized education program for a
23		student who is functionally blind shall receive information
24		describing the benefits of Braille instruction. The
25		individualized education program for each student who is
26		functionally blind shall specify the appropriate learning

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1		medium or media based on the assessment report.
2		(d) To the maximum extent appropriate, the placement shall
3		provide the child with the opportunity to be educated with
4		children who do not have a disability; provided that children
5		with disabilities who are recommended to be placed into
6		regular education classrooms are provided with supplementary
7		services to assist the children with disabilities to benefit
8		from the regular classroom instruction and are included on the
9		teacher's regular education class register. Subject to the
10		limitation of the preceding sentence, placement in special
11		classes, separate schools or other removal of the child with a
12		disability from the regular educational environment shall
13		occur only when the nature of the severity of the disability is
14		such that education in the regular classes with the use of
15		supplementary aids and services cannot be achieved
16		satisfactorily. The placement of English learners with
17		disabilities shall be in non-restrictive environments which
18		provide for integration with peers who do not have
19		disabilities in bilingual classrooms. Annually, each January,
20		school districts shall report data on students from
21		non-English speaking backgrounds receiving special education
22		and related services in public and private facilities as
23		prescribed in Section 2-3.30. If there is a disagreement
24		between parties involved regarding the special education
25		placement of any child, either in-state or out-of-state, the
26		placement is subject to impartial due process procedures

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1		described in Article 10 of the Rules and Regulations to Govern
2		the Administration and Operation of Special Education.
3		(e) No child who comes from a home in which a language
4		other than English is the principal language used may be
5		assigned to any class or program under this Article until he
6		has been given, in the principal language used by the child and
7		used in his home, tests reasonably related to his cultural
8		environment. All testing and evaluation materials and
9		procedures utilized for evaluation and placement shall not be
10		linguistically, racially or culturally discriminatory.
11		(f) Nothing in this Article shall be construed to require
12		any child to undergo any physical examination or medical
13		treatment whose parents object thereto on the grounds that
14		such examination or treatment conflicts with his religious
15		beliefs.
16		(g) School boards or their designee shall provide to the
17		parents of a child prior written notice of any decision (a)
18		proposing to initiate or change, or (b) refusing to initiate
19		or change, the identification, evaluation, or educational
20		placement of the child or the provision of a free appropriate
21		public education to their child, and the reasons therefor.
22		Such written notification shall also inform the parent of the
23		opportunity to present complaints with respect to any matter
24		relating to the educational placement of the student, or the
25		provision of a free appropriate public education and to have
26		an impartial due process hearing on the complaint. The notice

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1		shall inform the parents in the parents' native language,
2		unless it is clearly not feasible to do so, of their rights and
3		all procedures available pursuant to this Act and the federal
4		Individuals with Disabilities Education Improvement Act of
5		2004 (Public Law 108-446); it shall be the responsibility of
6		the State Superintendent to develop uniform notices setting
7		forth the procedures available under this Act and the federal
8		Individuals with Disabilities Education Improvement Act of
9		2004 (Public Law 108-446) to be used by all school boards. The
10		notice shall also inform the parents of the availability upon
11		request of a list of free or low-cost legal and other relevant
12		services available locally to assist parents in initiating an
13		impartial due process hearing. The State Superintendent shall
14		revise the uniform notices required by this subsection (g) to
15		reflect current law and procedures at least once every 2
16		years. Any parent who is deaf, or does not normally
17		communicate using spoken English, who participates in a
18		meeting with a representative of a local educational agency
19		for the purposes of developing an individualized educational
20		program shall be entitled to the services of an interpreter.
21		The State Board of Education must adopt rules to establish the
22		criteria, standards, and competencies for a bilingual language
23		interpreter who attends an individualized education program
24		meeting under this subsection to assist a parent who has
25		limited English proficiency.
26		(g-5) For purposes of this subsection (g-5), "qualified

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1		professional" means an individual who holds credentials to
2		evaluate the child in the domain or domains for which an
3		evaluation is sought or an intern working under the direct
4		supervision of a qualified professional, including a master's
5		or doctoral degree candidate.
6		To ensure that a parent can participate fully and
7		effectively with school personnel in the development of
8		appropriate educational and related services for his or her
9		child, the parent, an independent educational evaluator, or a
10		qualified professional retained by or on behalf of a parent or
11		child must be afforded reasonable access to educational
12		facilities, personnel, classrooms, and buildings and to the
13		child as provided in this subsection (g-5). The requirements
14		of this subsection (g-5) apply to any public school facility,
15		building, or program and to any facility, building, or program
16		supported in whole or in part by public funds. Prior to
17		visiting a school, school building, or school facility, the
18		parent, independent educational evaluator, or qualified
19		professional may be required by the school district to inform
20		the building principal or supervisor in writing of the
21		proposed visit, the purpose of the visit, and the approximate
22		duration of the visit. The visitor and the school district
23		shall arrange the visit or visits at times that are mutually
24		agreeable. Visitors shall comply with school safety, security,
25		and visitation policies at all times. School district
26		visitation policies must not conflict with this subsection

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1		(g-5). Visitors shall be required to comply with the
2		requirements of applicable privacy laws, including those laws
3		protecting the confidentiality of education records such as
4		the federal Family Educational Rights and Privacy Act and the
5		Illinois School Student Records Act. The visitor shall not
6		disrupt the educational process.
7		(1) A parent must be afforded reasonable access of
8		sufficient duration and scope for the purpose of observing
9		his or her child in the child's current educational
10		placement, services, or program or for the purpose of
11		visiting an educational placement or program proposed for
12		the child.
13		(2) An independent educational evaluator or a
14		qualified professional retained by or on behalf of a
15		parent or child must be afforded reasonable access of
16		sufficient duration and scope for the purpose of
17		conducting an evaluation of the child, the child's
18		performance, the child's current educational program,
19		placement, services, or environment, or any educational
20		program, placement, services, or environment proposed for
21		the child, including interviews of educational personnel,
22		child observations, assessments, tests or assessments of
23		the child's educational program, services, or placement or
24		of any proposed educational program, services, or
25		placement. If one or more interviews of school personnel
26		are part of the evaluation, the interviews must be

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1		conducted at a mutually agreed upon time, date, and place
2		that do not interfere with the school employee's school
3		duties. The school district may limit interviews to
4		personnel having information relevant to the child's
5		current educational services, program, or placement or to
6		a proposed educational service, program, or placement.
7		(h) (Blank).
8		(i) (Blank).
9		(j) (Blank).
10		(k) (Blank).
11		(l) (Blank).
12		(m) (Blank).
13		(n) (Blank).
14		(o) (Blank).
15		(Source: P.A. 100-122, eff. 8-18-17; 100-863, eff. 8-14-18;
16		100-993, eff. 8-20-18; 101-124, eff. 1-1-20; revised 9-26-19.)
17		(105 ILCS 5/18-8.15)
18		Sec. 18-8.15. Evidence-Based Funding for student success
19		for the 2017-2018 and subsequent school years.
20		(a) General provisions.
21		(1) The purpose of this Section is to ensure that, by
22		June 30, 2027 and beyond, this State has a kindergarten
23		through grade 12 public education system with the capacity
24		to ensure the educational development of all persons to
25		the limits of their capacities in accordance with Section

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1		1 of Article X of the Constitution of the State of
2		Illinois. To accomplish that objective, this Section
3		creates a method of funding public education that is
4		evidence-based; is sufficient to ensure every student
5		receives a meaningful opportunity to learn irrespective of
6		race, ethnicity, sexual orientation, gender, or
7		community-income level; and is sustainable and
8		predictable. When fully funded under this Section, every
9		school shall have the resources, based on what the
10		evidence indicates is needed, to:
11		(A) provide all students with a high quality
12		education that offers the academic, enrichment, social
13		and emotional support, technical, and career-focused
14		programs that will allow them to become competitive
15		workers, responsible parents, productive citizens of
16		this State, and active members of our national
17		democracy;
18		(B) ensure all students receive the education they
19		need to graduate from high school with the skills
20		required to pursue post-secondary education and
21		training for a rewarding career;
22		(C) reduce, with a goal of eliminating, the
23		achievement gap between at-risk and non-at-risk
24		students by raising the performance of at-risk
25		students and not by reducing standards; and
26		(D) ensure this State satisfies its obligation to

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1		assume the primary responsibility to fund public
2		education and simultaneously relieve the
3		disproportionate burden placed on local property taxes
4		to fund schools.
5		(2) The Evidence-Based Funding formula under this
6		Section shall be applied to all Organizational Units in
7		this State. The Evidence-Based Funding formula outlined in
8		this Act is based on the formula outlined in Senate Bill 1
9		of the 100th General Assembly, as passed by both
10		legislative chambers. As further defined and described in
11		this Section, there are 4 major components of the
12		Evidence-Based Funding model:
13		(A) First, the model calculates a unique Adequacy
14		Target for each Organizational Unit in this State that
15		considers the costs to implement research-based
16		activities, the unit's student demographics, and
17		regional wage differences.
18		(B) Second, the model calculates each
19		Organizational Unit's Local Capacity, or the amount
20		each Organizational Unit is assumed to contribute
21		toward its Adequacy Target from local resources.
22		(C) Third, the model calculates how much funding
23		the State currently contributes to the Organizational
24		Unit and adds that to the unit's Local Capacity to
25		determine the unit's overall current adequacy of
26		funding.

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1		(D) Finally, the model's distribution method
2		allocates new State funding to those Organizational
3		Units that are least well-funded, considering both
4		Local Capacity and State funding, in relation to their
5		Adequacy Target.
6		(3) An Organizational Unit receiving any funding under
7		this Section may apply those funds to any fund so received
8		for which that Organizational Unit is authorized to make
9		expenditures by law.
10		(4) As used in this Section, the following terms shall
11		have the meanings ascribed in this paragraph (4):
12		"Adequacy Target" is defined in paragraph (1) of
13		subsection (b) of this Section.
14		"Adjusted EAV" is defined in paragraph (4) of
15		subsection (d) of this Section.
16		"Adjusted Local Capacity Target" is defined in
17		paragraph (3) of subsection (c) of this Section.
18		"Adjusted Operating Tax Rate" means a tax rate for all
19		Organizational Units, for which the State Superintendent
20		shall calculate and subtract for the Operating Tax Rate a
21		transportation rate based on total expenses for
22		transportation services under this Code, as reported on
23		the most recent Annual Financial Report in Pupil
24		Transportation Services, function 2550 in both the
25		Education and Transportation funds and functions 4110 and
26		4120 in the Transportation fund, less any corresponding

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1		fiscal year State of Illinois scheduled payments excluding
2		net adjustments for prior years for regular, vocational,
3		or special education transportation reimbursement pursuant
4		to Section 29-5 or subsection (b) of Section 14-13.01 of
5		this Code divided by the Adjusted EAV. If an
6		Organizational Unit's corresponding fiscal year State of
7		Illinois scheduled payments excluding net adjustments for
8		prior years for regular, vocational, or special education
9		transportation reimbursement pursuant to Section 29-5 or
10		subsection (b) of Section 14-13.01 of this Code exceed the
11		total transportation expenses, as defined in this
12		paragraph, no transportation rate shall be subtracted from
13		the Operating Tax Rate.
14		"Allocation Rate" is defined in paragraph (3) of
15		subsection (g) of this Section.
16		"Alternative School" means a public school that is
17		created and operated by a regional superintendent of
18		schools and approved by the State Board.
19		"Applicable Tax Rate" is defined in paragraph (1) of
20		subsection (d) of this Section.
21		"Assessment" means any of those benchmark, progress
22		monitoring, formative, diagnostic, and other assessments,
23		in addition to the State accountability assessment, that
24		assist teachers' needs in understanding the skills and
25		meeting the needs of the students they serve.
26		"Assistant principal" means a school administrator

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1		duly endorsed to be employed as an assistant principal in
2		this State.
3		"At-risk student" means a student who is at risk of
4		not meeting the Illinois Learning Standards or not
5		graduating from elementary or high school and who
6		demonstrates a need for vocational support or social
7		services beyond that provided by the regular school
8		program. All students included in an Organizational Unit's
9		Low-Income Count, as well as all English learner and
10		disabled students attending the Organizational Unit, shall
11		be considered at-risk students under this Section.
12		"Average Student Enrollment" or "ASE" for fiscal year
13		2018 means, for an Organizational Unit, the greater of the
14		average number of students (grades K through 12) reported
15		to the State Board as enrolled in the Organizational Unit
16		on October 1 in the immediately preceding school year,
17		plus the pre-kindergarten students who receive special
18		education services of 2 or more hours a day as reported to
19		the State Board on December 1 in the immediately preceding
20		school year, or the average number of students (grades K
21		through 12) reported to the State Board as enrolled in the
22		Organizational Unit on October 1, plus the
23		pre-kindergarten students who receive special education
24		services of 2 or more hours a day as reported to the State
25		Board on December 1, for each of the immediately preceding
26		3 school years. For fiscal year 2019 and each subsequent

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1		fiscal year, "Average Student Enrollment" or "ASE" means,
2		for an Organizational Unit, the greater of the average
3		number of students (grades K through 12) reported to the
4		State Board as enrolled in the Organizational Unit on
5		October 1 and March 1 in the immediately preceding school
6		year, plus the pre-kindergarten students who receive
7		special education services as reported to the State Board
8		on October 1 and March 1 in the immediately preceding
9		school year, or the average number of students (grades K
10		through 12) reported to the State Board as enrolled in the
11		Organizational Unit on October 1 and March 1, plus the
12		pre-kindergarten students who receive special education
13		services as reported to the State Board on October 1 and
14		March 1, for each of the immediately preceding 3 school
15		years. For the purposes of this definition, "enrolled in
16		the Organizational Unit" means the number of students
17		reported to the State Board who are enrolled in schools
18		within the Organizational Unit that the student attends or
19		would attend if not placed or transferred to another
20		school or program to receive needed services. For the
21		purposes of calculating "ASE", all students, grades K
22		through 12, excluding those attending kindergarten for a
23		half day and students attending an alternative education
24		program operated by a regional office of education or
25		intermediate service center, shall be counted as 1.0. All
26		students attending kindergarten for a half day shall be

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1		counted as 0.5, unless in 2017 by June 15 or by March 1 in
2		subsequent years, the school district reports to the State
3		Board of Education the intent to implement full-day
4		kindergarten district-wide for all students, then all
5		students attending kindergarten shall be counted as 1.0.
6		Special education pre-kindergarten students shall be
7		counted as 0.5 each. If the State Board does not collect or
8		has not collected both an October 1 and March 1 enrollment
9		count by grade or a December 1 collection of special
10		education pre-kindergarten students as of August 31, 2017
11		(the effective date of Public Act 100-465), it shall
12		establish such collection for all future years. For any
13		year in which a count by grade level was collected only
14		once, that count shall be used as the single count
15		available for computing a 3-year average ASE. Funding for
16		programs operated by a regional office of education or an
17		intermediate service center must be calculated using the
18		Evidence-Based Funding formula under this Section for the
19		2019-2020 school year and each subsequent school year
20		until separate adequacy formulas are developed and adopted
21		for each type of program. ASE for a program operated by a
22		regional office of education or an intermediate service
23		center must be determined by the March 1 enrollment for
24		the program. For the 2019-2020 school year, the ASE used
25		in the calculation must be the first-year ASE and, in that
26		year only, the assignment of students served by a regional

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1		office of education or intermediate service center shall
2		not result in a reduction of the March enrollment for any
3		school district. For the 2020-2021 school year, the ASE
4		must be the greater of the current-year ASE or the 2-year
5		average ASE. Beginning with the 2021-2022 school year, the
6		ASE must be the greater of the current-year ASE or the
7		3-year average ASE. School districts shall submit the data
8		for the ASE calculation to the State Board within 45 days
9		of the dates required in this Section for submission of
10		enrollment data in order for it to be included in the ASE
11		calculation. For fiscal year 2018 only, the ASE
12		calculation shall include only enrollment taken on October
13		1.
14		"Base Funding Guarantee" is defined in paragraph (10)
15		of subsection (g) of this Section.
16		"Base Funding Minimum" is defined in subsection (e) of
17		this Section.
18		"Base Tax Year" means the property tax levy year used
19		to calculate the Budget Year allocation of primary State
20		aid.
21		"Base Tax Year's Extension" means the product of the
22		equalized assessed valuation utilized by the county clerk
23		in the Base Tax Year multiplied by the limiting rate as
24		calculated by the county clerk and defined in PTELL.
25		"Bilingual Education Allocation" means the amount of
26		an Organizational Unit's final Adequacy Target

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1		attributable to bilingual education divided by the
2		Organizational Unit's final Adequacy Target, the product
3		of which shall be multiplied by the amount of new funding
4		received pursuant to this Section. An Organizational
5		Unit's final Adequacy Target attributable to bilingual
6		education shall include all additional investments in
7		English learner students' adequacy elements.
8		"Budget Year" means the school year for which primary
9		State aid is calculated and awarded under this Section.
10		"Central office" means individual administrators and
11		support service personnel charged with managing the
12		instructional programs, business and operations, and
13		security of the Organizational Unit.
14		"Comparable Wage Index" or "CWI" means a regional cost
15		differentiation metric that measures systemic, regional
16		variations in the salaries of college graduates who are
17		not educators. The CWI utilized for this Section shall,
18		for the first 3 years of Evidence-Based Funding
19		implementation, be the CWI initially developed by the
20		National Center for Education Statistics, as most recently
21		updated by Texas A & M University. In the fourth and
22		subsequent years of Evidence-Based Funding implementation,
23		the State Superintendent shall re-determine the CWI using
24		a similar methodology to that identified in the Texas A & M
25		University study, with adjustments made no less frequently
26		than once every 5 years.

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1		"Computer technology and equipment" means computers
2		servers, notebooks, network equipment, copiers, printers,
3		instructional software, security software, curriculum
4		management courseware, and other similar materials and
5		equipment.
6		"Computer technology and equipment investment
7		allocation" means the final Adequacy Target amount of an
8		Organizational Unit assigned to Tier 1 or Tier 2 in the
9		prior school year attributable to the additional $285.50
10		per student computer technology and equipment investment
11		grant divided by the Organizational Unit's final Adequacy
12		Target, the result of which shall be multiplied by the
13		amount of new funding received pursuant to this Section.
14		An Organizational Unit assigned to a Tier 1 or Tier 2 final
15		Adequacy Target attributable to the received computer
16		technology and equipment investment grant shall include
17		all additional investments in computer technology and
18		equipment adequacy elements.
19		"Core subject" means mathematics; science; reading,
20		English, writing, and language arts; history and social
21		studies; world languages; and subjects taught as Advanced
22		Placement in high schools.
23		"Core teacher" means a regular classroom teacher in
24		elementary schools and teachers of a core subject in
25		middle and high schools.
26		"Core Intervention teacher (tutor)" means a licensed

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1		teacher providing one-on-one or small group tutoring to
2		students struggling to meet proficiency in core subjects.
3		"CPPRT" means corporate personal property replacement
4		tax funds paid to an Organizational Unit during the
5		calendar year one year before the calendar year in which a
6		school year begins, pursuant to "An Act in relation to the
7		abolition of ad valorem personal property tax and the
8		replacement of revenues lost thereby, and amending and
9		repealing certain Acts and parts of Acts in connection
10		therewith", certified August 14, 1979, as amended (Public
11		Act 81-1st S.S.-1).
12		"EAV" means equalized assessed valuation as defined in
13		paragraph (2) of subsection (d) of this Section and
14		calculated in accordance with paragraph (3) of subsection
15		(d) of this Section.
16		"ECI" means the Bureau of Labor Statistics' national
17		employment cost index for civilian workers in educational
18		services in elementary and secondary schools on a
19		cumulative basis for the 12-month calendar year preceding
20		the fiscal year of the Evidence-Based Funding calculation.
21		"EIS Data" means the employment information system
22		data maintained by the State Board on educators within
23		Organizational Units.
24		"Employee benefits" means health, dental, and vision
25		insurance offered to employees of an Organizational Unit,
26		the costs associated with the statutorily required payment

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1		of the normal cost of the Organizational Unit's teacher
2		pensions, Social Security employer contributions, and
3		Illinois Municipal Retirement Fund employer contributions.
4		"English learner" or "EL" means a child included in
5		the definition of "English learners" under Section 14C-2
6		of this Code participating in a program of transitional
7		bilingual education or a transitional program of
8		instruction meeting the requirements and program
9		application procedures of Article 14C of this Code. For
10		the purposes of collecting the number of EL students
11		enrolled, the same collection and calculation methodology
12		as defined above for "ASE" shall apply to English
13		learners, with the exception that EL student enrollment
14		shall include students in grades pre-kindergarten through
15		12.
16		"Essential Elements" means those elements, resources,
17		and educational programs that have been identified through
18		academic research as necessary to improve student success,
19		improve academic performance, close achievement gaps, and
20		provide for other per student costs related to the
21		delivery and leadership of the Organizational Unit, as
22		well as the maintenance and operations of the unit, and
23		which are specified in paragraph (2) of subsection (b) of
24		this Section.
25		"Evidence-Based Funding" means State funding provided
26		to an Organizational Unit pursuant to this Section.

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1		"Extended day" means academic and enrichment programs
2		provided to students outside the regular school day before
3		and after school or during non-instructional times during
4		the school day.
5		"Extension Limitation Ratio" means a numerical ratio
6		in which the numerator is the Base Tax Year's Extension
7		and the denominator is the Preceding Tax Year's Extension.
8		"Final Percent of Adequacy" is defined in paragraph
9		(4) of subsection (f) of this Section.
10		"Final Resources" is defined in paragraph (3) of
11		subsection (f) of this Section.
12		"Full-time equivalent" or "FTE" means the full-time
13		equivalency compensation for staffing the relevant
14		position at an Organizational Unit.
15		"Funding Gap" is defined in paragraph (1) of
16		subsection (g).
17		"Guidance counselor" means a licensed guidance
18		counselor who provides guidance and counseling support for
19		students within an Organizational Unit.
20		"Hybrid District" means a partial elementary unit
21		district created pursuant to Article 11E of this Code.
22		"Instructional assistant" means a core or special
23		education, non-licensed employee who assists a teacher in
24		the classroom and provides academic support to students.
25		"Instructional facilitator" means a qualified teacher
26		or licensed teacher leader who facilitates and coaches

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1		continuous improvement in classroom instruction; provides
2		instructional support to teachers in the elements of
3		research-based instruction or demonstrates the alignment
4		of instruction with curriculum standards and assessment
5		tools; develops or coordinates instructional programs or
6		strategies; develops and implements training; chooses
7		standards-based instructional materials; provides
8		teachers with an understanding of current research; serves
9		as a mentor, site coach, curriculum specialist, or lead
10		teacher; or otherwise works with fellow teachers, in
11		collaboration, to use data to improve instructional
12		practice or develop model lessons.
13		"Instructional materials" means relevant
14		instructional materials for student instruction,
15		including, but not limited to, textbooks, consumable
16		workbooks, laboratory equipment, library books, and other
17		similar materials.
18		"Laboratory School" means a public school that is
19		created and operated by a public university and approved
20		by the State Board.
21		"Librarian" means a teacher with an endorsement as a
22		library information specialist or another individual whose
23		primary responsibility is overseeing library resources
24		within an Organizational Unit.
25		"Limiting rate for Hybrid Districts" means the
26		combined elementary school and high school limiting rates.

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1		"Local Capacity" is defined in paragraph (1) of
2		subsection (c) of this Section.
3		"Local Capacity Percentage" is defined in subparagraph
4		(A) of paragraph (2) of subsection (c) of this Section.
5		"Local Capacity Ratio" is defined in subparagraph (B)
6		of paragraph (2) of subsection (c) of this Section.
7		"Local Capacity Target" is defined in paragraph (2) of
8		subsection (c) of this Section.
9		"Low-Income Count" means, for an Organizational Unit
10		in a fiscal year, the higher of the average number of
11		students for the prior school year or the immediately
12		preceding 3 school years who, as of July 1 of the
13		immediately preceding fiscal year (as determined by the
14		Department of Human Services), are eligible for at least
15		one of the following low-income programs: Medicaid, the
16		Children's Health Insurance Program, Temporary Assistance
17		for Needy Families (TANF), or the Supplemental Nutrition
18		Assistance Program, excluding pupils who are eligible for
19		services provided by the Department of Children and Family
20		Services. Until such time that grade level low-income
21		populations become available, grade level low-income
22		populations shall be determined by applying the low-income
23		percentage to total student enrollments by grade level.
24		The low-income percentage is determined by dividing the
25		Low-Income Count by the Average Student Enrollment. The
26		low-income percentage for programs operated by a regional

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1		office of education or an intermediate service center must
2		be set to the weighted average of the low-income
3		percentages of all of the school districts in the service
4		region. The weighted low-income percentage is the result
5		of multiplying the low-income percentage of each school
6		district served by the regional office of education or
7		intermediate service center by each school district's
8		Average Student Enrollment, summarizing those products and
9		dividing the total by the total Average Student Enrollment
10		for the service region.
11		"Maintenance and operations" means custodial services,
12		facility and ground maintenance, facility operations,
13		facility security, routine facility repairs, and other
14		similar services and functions.
15		"Minimum Funding Level" is defined in paragraph (9) of
16		subsection (g) of this Section.
17		"New Property Tax Relief Pool Funds" means, for any
18		given fiscal year, all State funds appropriated under
19		Section 2-3.170 of this the School Code.
20		"New State Funds" means, for a given school year, all
21		State funds appropriated for Evidence-Based Funding in
22		excess of the amount needed to fund the Base Funding
23		Minimum for all Organizational Units in that school year.
24		"Net State Contribution Target" means, for a given
25		school year, the amount of State funds that would be
26		necessary to fully meet the Adequacy Target of an

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1		Operational Unit minus the Preliminary Resources available
2		to each unit.
3		"Nurse" means an individual licensed as a certified
4		school nurse, in accordance with the rules established for
5		nursing services by the State Board, who is an employee of
6		and is available to provide health care-related services
7		for students of an Organizational Unit.
8		"Operating Tax Rate" means the rate utilized in the
9		previous year to extend property taxes for all purposes,
10		except Bond and Interest, Summer School, Rent, Capital
11		Improvement, and Vocational Education Building purposes.
12		For Hybrid Districts, the Operating Tax Rate shall be the
13		combined elementary and high school rates utilized in the
14		previous year to extend property taxes for all purposes,
15		except Bond and Interest, Summer School, Rent, Capital
16		Improvement, and Vocational Education Building purposes.
17		"Organizational Unit" means a Laboratory School or any
18		public school district that is recognized as such by the
19		State Board and that contains elementary schools typically
20		serving kindergarten through 5th grades, middle schools
21		typically serving 6th through 8th grades, high schools
22		typically serving 9th through 12th grades, a program
23		established under Section 2-3.66 or 2-3.41, or a program
24		operated by a regional office of education or an
25		intermediate service center under Article 13A or 13B. The
26		General Assembly acknowledges that the actual grade levels

SB2435 Enrolled - 901 - LRB102 04062 AMC 14078 b
1		served by a particular Organizational Unit may vary
2		slightly from what is typical.
3		"Organizational Unit CWI" is determined by calculating
4		the CWI in the region and original county in which an
5		Organizational Unit's primary administrative office is
6		located as set forth in this paragraph, provided that if
7		the Organizational Unit CWI as calculated in accordance
8		with this paragraph is less than 0.9, the Organizational
9		Unit CWI shall be increased to 0.9. Each county's current
10		CWI value shall be adjusted based on the CWI value of that
11		county's neighboring Illinois counties, to create a
12		"weighted adjusted index value". This shall be calculated
13		by summing the CWI values of all of a county's adjacent
14		Illinois counties and dividing by the number of adjacent
15		Illinois counties, then taking the weighted value of the
16		original county's CWI value and the adjacent Illinois
17		county average. To calculate this weighted value, if the
18		number of adjacent Illinois counties is greater than 2,
19		the original county's CWI value will be weighted at 0.25
20		and the adjacent Illinois county average will be weighted
21		at 0.75. If the number of adjacent Illinois counties is 2,
22		the original county's CWI value will be weighted at 0.33
23		and the adjacent Illinois county average will be weighted
24		at 0.66. The greater of the county's current CWI value and
25		its weighted adjusted index value shall be used as the
26		Organizational Unit CWI.

SB2435 Enrolled - 902 - LRB102 04062 AMC 14078 b
1		"Preceding Tax Year" means the property tax levy year
2		immediately preceding the Base Tax Year.
3		"Preceding Tax Year's Extension" means the product of
4		the equalized assessed valuation utilized by the county
5		clerk in the Preceding Tax Year multiplied by the
6		Operating Tax Rate.
7		"Preliminary Percent of Adequacy" is defined in
8		paragraph (2) of subsection (f) of this Section.
9		"Preliminary Resources" is defined in paragraph (2) of
10		subsection (f) of this Section.
11		"Principal" means a school administrator duly endorsed
12		to be employed as a principal in this State.
13		"Professional development" means training programs for
14		licensed staff in schools, including, but not limited to,
15		programs that assist in implementing new curriculum
16		programs, provide data focused or academic assessment data
17		training to help staff identify a student's weaknesses and
18		strengths, target interventions, improve instruction,
19		encompass instructional strategies for English learner,
20		gifted, or at-risk students, address inclusivity, cultural
21		sensitivity, or implicit bias, or otherwise provide
22		professional support for licensed staff.
23		"Prototypical" means 450 special education
24		pre-kindergarten and kindergarten through grade 5 students
25		for an elementary school, 450 grade 6 through 8 students
26		for a middle school, and 600 grade 9 through 12 students

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1		for a high school.
2		"PTELL" means the Property Tax Extension Limitation
3		Law.
4		"PTELL EAV" is defined in paragraph (4) of subsection
5		(d) of this Section.
6		"Pupil support staff" means a nurse, psychologist,
7		social worker, family liaison personnel, or other staff
8		member who provides support to at-risk or struggling
9		students.
10		"Real Receipts" is defined in paragraph (1) of
11		subsection (d) of this Section.
12		"Regionalization Factor" means, for a particular
13		Organizational Unit, the figure derived by dividing the
14		Organizational Unit CWI by the Statewide Weighted CWI.
15		"School site staff" means the primary school secretary
16		and any additional clerical personnel assigned to a
17		school.
18		"Special education" means special educational
19		facilities and services, as defined in Section 14-1.08 of
20		this Code.
21		"Special Education Allocation" means the amount of an
22		Organizational Unit's final Adequacy Target attributable
23		to special education divided by the Organizational Unit's
24		final Adequacy Target, the product of which shall be
25		multiplied by the amount of new funding received pursuant
26		to this Section. An Organizational Unit's final Adequacy

SB2435 Enrolled - 904 - LRB102 04062 AMC 14078 b
1		Target attributable to special education shall include all
2		special education investment adequacy elements.
3		"Specialist teacher" means a teacher who provides
4		instruction in subject areas not included in core
5		subjects, including, but not limited to, art, music,
6		physical education, health, driver education,
7		career-technical education, and such other subject areas
8		as may be mandated by State law or provided by an
9		Organizational Unit.
10		"Specially Funded Unit" means an Alternative School,
11		safe school, Department of Juvenile Justice school,
12		special education cooperative or entity recognized by the
13		State Board as a special education cooperative,
14		State-approved charter school, or alternative learning
15		opportunities program that received direct funding from
16		the State Board during the 2016-2017 school year through
17		any of the funding sources included within the calculation
18		of the Base Funding Minimum or Glenwood Academy.
19		"Supplemental Grant Funding" means supplemental
20		general State aid funding received by an Organizational
21		Unit during the 2016-2017 school year pursuant to
22		subsection (H) of Section 18-8.05 of this Code (now
23		repealed).
24		"State Adequacy Level" is the sum of the Adequacy
25		Targets of all Organizational Units.
26		"State Board" means the State Board of Education.

SB2435 Enrolled - 905 - LRB102 04062 AMC 14078 b
1		"State Superintendent" means the State Superintendent
2		of Education.
3		"Statewide Weighted CWI" means a figure determined by
4		multiplying each Organizational Unit CWI times the ASE for
5		that Organizational Unit creating a weighted value,
6		summing all Organizational Units' weighted values, and
7		dividing by the total ASE of all Organizational Units,
8		thereby creating an average weighted index.
9		"Student activities" means non-credit producing
10		after-school programs, including, but not limited to,
11		clubs, bands, sports, and other activities authorized by
12		the school board of the Organizational Unit.
13		"Substitute teacher" means an individual teacher or
14		teaching assistant who is employed by an Organizational
15		Unit and is temporarily serving the Organizational Unit on
16		a per diem or per period-assignment basis to replace
17		another staff member.
18		"Summer school" means academic and enrichment programs
19		provided to students during the summer months outside of
20		the regular school year.
21		"Supervisory aide" means a non-licensed staff member
22		who helps in supervising students of an Organizational
23		Unit, but does so outside of the classroom, in situations
24		such as, but not limited to, monitoring hallways and
25		playgrounds, supervising lunchrooms, or supervising
26		students when being transported in buses serving the

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1		Organizational Unit.
2		"Target Ratio" is defined in paragraph (4) of
3		subsection (g).
4		"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
5		in paragraph (3) of subsection (g).
6		"Tier 1 Aggregate Funding", "Tier 2 Aggregate
7		Funding", "Tier 3 Aggregate Funding", and "Tier 4
8		Aggregate Funding" are defined in paragraph (1) of
9		subsection (g).
10		(b) Adequacy Target calculation.
11		(1) Each Organizational Unit's Adequacy Target is the
12		sum of the Organizational Unit's cost of providing
13		Essential Elements, as calculated in accordance with this
14		subsection (b), with the salary amounts in the Essential
15		Elements multiplied by a Regionalization Factor calculated
16		pursuant to paragraph (3) of this subsection (b).
17		(2) The Essential Elements are attributable on a pro
18		rata basis related to defined subgroups of the ASE of each
19		Organizational Unit as specified in this paragraph (2),
20		with investments and FTE positions pro rata funded based
21		on ASE counts in excess of or less than the thresholds set
22		forth in this paragraph (2). The method for calculating
23		attributable pro rata costs and the defined subgroups
24		thereto are as follows:
25		(A) Core class size investments. Each
26		Organizational Unit shall receive the funding required

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1		to support that number of FTE core teacher positions
2		as is needed to keep the respective class sizes of the
3		Organizational Unit to the following maximum numbers:
4		(i) For grades kindergarten through 3, the
5		Organizational Unit shall receive funding required
6		to support one FTE core teacher position for every
7		15 Low-Income Count students in those grades and
8		one FTE core teacher position for every 20
9		non-Low-Income Count students in those grades.
10		(ii) For grades 4 through 12, the
11		Organizational Unit shall receive funding required
12		to support one FTE core teacher position for every
13		20 Low-Income Count students in those grades and
14		one FTE core teacher position for every 25
15		non-Low-Income Count students in those grades.
16		The number of non-Low-Income Count students in a
17		grade shall be determined by subtracting the
18		Low-Income students in that grade from the ASE of the
19		Organizational Unit for that grade.
20		(B) Specialist teacher investments. Each
21		Organizational Unit shall receive the funding needed
22		to cover that number of FTE specialist teacher
23		positions that correspond to the following
24		percentages:
25		(i) if the Organizational Unit operates an
26		elementary or middle school, then 20.00% of the

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1		number of the Organizational Unit's core teachers,
2		as determined under subparagraph (A) of this
3		paragraph (2); and
4		(ii) if such Organizational Unit operates a
5		high school, then 33.33% of the number of the
6		Organizational Unit's core teachers.
7		(C) Instructional facilitator investments. Each
8		Organizational Unit shall receive the funding needed
9		to cover one FTE instructional facilitator position
10		for every 200 combined ASE of pre-kindergarten
11		children with disabilities and all kindergarten
12		through grade 12 students of the Organizational Unit.
13		(D) Core intervention teacher (tutor) investments.
14		Each Organizational Unit shall receive the funding
15		needed to cover one FTE teacher position for each
16		prototypical elementary, middle, and high school.
17		(E) Substitute teacher investments. Each
18		Organizational Unit shall receive the funding needed
19		to cover substitute teacher costs that is equal to
20		5.70% of the minimum pupil attendance days required
21		under Section 10-19 of this Code for all full-time
22		equivalent core, specialist, and intervention
23		teachers, school nurses, special education teachers
24		and instructional assistants, instructional
25		facilitators, and summer school and extended day
26		teacher positions, as determined under this paragraph

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1		(2), at a salary rate of 33.33% of the average salary
2		for grade K through 12 teachers and 33.33% of the
3		average salary of each instructional assistant
4		position.
5		(F) Core guidance counselor investments. Each
6		Organizational Unit shall receive the funding needed
7		to cover one FTE guidance counselor for each 450
8		combined ASE of pre-kindergarten children with
9		disabilities and all kindergarten through grade 5
10		students, plus one FTE guidance counselor for each 250
11		grades 6 through 8 ASE middle school students, plus
12		one FTE guidance counselor for each 250 grades 9
13		through 12 ASE high school students.
14		(G) Nurse investments. Each Organizational Unit
15		shall receive the funding needed to cover one FTE
16		nurse for each 750 combined ASE of pre-kindergarten
17		children with disabilities and all kindergarten
18		through grade 12 students across all grade levels it
19		serves.
20		(H) Supervisory aide investments. Each
21		Organizational Unit shall receive the funding needed
22		to cover one FTE for each 225 combined ASE of
23		pre-kindergarten children with disabilities and all
24		kindergarten through grade 5 students, plus one FTE
25		for each 225 ASE middle school students, plus one FTE
26		for each 200 ASE high school students.

SB2435 Enrolled - 910 - LRB102 04062 AMC 14078 b
1		(I) Librarian investments. Each Organizational
2		Unit shall receive the funding needed to cover one FTE
3		librarian for each prototypical elementary school,
4		middle school, and high school and one FTE aide or
5		media technician for every 300 combined ASE of
6		pre-kindergarten children with disabilities and all
7		kindergarten through grade 12 students.
8		(J) Principal investments. Each Organizational
9		Unit shall receive the funding needed to cover one FTE
10		principal position for each prototypical elementary
11		school, plus one FTE principal position for each
12		prototypical middle school, plus one FTE principal
13		position for each prototypical high school.
14		(K) Assistant principal investments. Each
15		Organizational Unit shall receive the funding needed
16		to cover one FTE assistant principal position for each
17		prototypical elementary school, plus one FTE assistant
18		principal position for each prototypical middle
19		school, plus one FTE assistant principal position for
20		each prototypical high school.
21		(L) School site staff investments. Each
22		Organizational Unit shall receive the funding needed
23		for one FTE position for each 225 ASE of
24		pre-kindergarten children with disabilities and all
25		kindergarten through grade 5 students, plus one FTE
26		position for each 225 ASE middle school students, plus

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1		one FTE position for each 200 ASE high school
2		students.
3		(M) Gifted investments. Each Organizational Unit
4		shall receive $40 per kindergarten through grade 12
5		ASE.
6		(N) Professional development investments. Each
7		Organizational Unit shall receive $125 per student of
8		the combined ASE of pre-kindergarten children with
9		disabilities and all kindergarten through grade 12
10		students for trainers and other professional
11		development-related expenses for supplies and
12		materials.
13		(O) Instructional material investments. Each
14		Organizational Unit shall receive $190 per student of
15		the combined ASE of pre-kindergarten children with
16		disabilities and all kindergarten through grade 12
17		students to cover instructional material costs.
18		(P) Assessment investments. Each Organizational
19		Unit shall receive $25 per student of the combined ASE
20		of pre-kindergarten children with disabilities and all
21		kindergarten through grade 12 students to cover
22		assessment costs.
23		(Q) Computer technology and equipment investments.
24		Each Organizational Unit shall receive $285.50 per
25		student of the combined ASE of pre-kindergarten
26		children with disabilities and all kindergarten

SB2435 Enrolled - 912 - LRB102 04062 AMC 14078 b
1		through grade 12 students to cover computer technology
2		and equipment costs. For the 2018-2019 school year and
3		subsequent school years, Organizational Units assigned
4		to Tier 1 and Tier 2 in the prior school year shall
5		receive an additional $285.50 per student of the
6		combined ASE of pre-kindergarten children with
7		disabilities and all kindergarten through grade 12
8		students to cover computer technology and equipment
9		costs in the Organizational Unit's Adequacy Target.
10		The State Board may establish additional requirements
11		for Organizational Unit expenditures of funds received
12		pursuant to this subparagraph (Q), including a
13		requirement that funds received pursuant to this
14		subparagraph (Q) may be used only for serving the
15		technology needs of the district. It is the intent of
16		Public Act 100-465 that all Tier 1 and Tier 2 districts
17		receive the addition to their Adequacy Target in the
18		following year, subject to compliance with the
19		requirements of the State Board.
20		(R) Student activities investments. Each
21		Organizational Unit shall receive the following
22		funding amounts to cover student activities: $100 per
23		kindergarten through grade 5 ASE student in elementary
24		school, plus $200 per ASE student in middle school,
25		plus $675 per ASE student in high school.
26		(S) Maintenance and operations investments. Each

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1		Organizational Unit shall receive $1,038 per student
2		of the combined ASE of pre-kindergarten children with
3		disabilities and all kindergarten through grade 12
4		students for day-to-day maintenance and operations
5		expenditures, including salary, supplies, and
6		materials, as well as purchased services, but
7		excluding employee benefits. The proportion of salary
8		for the application of a Regionalization Factor and
9		the calculation of benefits is equal to $352.92.
10		(T) Central office investments. Each
11		Organizational Unit shall receive $742 per student of
12		the combined ASE of pre-kindergarten children with
13		disabilities and all kindergarten through grade 12
14		students to cover central office operations, including
15		administrators and classified personnel charged with
16		managing the instructional programs, business and
17		operations of the school district, and security
18		personnel. The proportion of salary for the
19		application of a Regionalization Factor and the
20		calculation of benefits is equal to $368.48.
21		(U) Employee benefit investments. Each
22		Organizational Unit shall receive 30% of the total of
23		all salary-calculated elements of the Adequacy Target,
24		excluding substitute teachers and student activities
25		investments, to cover benefit costs. For central
26		office and maintenance and operations investments, the

SB2435 Enrolled - 914 - LRB102 04062 AMC 14078 b
1		benefit calculation shall be based upon the salary
2		proportion of each investment. If at any time the
3		responsibility for funding the employer normal cost of
4		teacher pensions is assigned to school districts, then
5		that amount certified by the Teachers' Retirement
6		System of the State of Illinois to be paid by the
7		Organizational Unit for the preceding school year
8		shall be added to the benefit investment. For any
9		fiscal year in which a school district organized under
10		Article 34 of this Code is responsible for paying the
11		employer normal cost of teacher pensions, then that
12		amount of its employer normal cost plus the amount for
13		retiree health insurance as certified by the Public
14		School Teachers' Pension and Retirement Fund of
15		Chicago to be paid by the school district for the
16		preceding school year that is statutorily required to
17		cover employer normal costs and the amount for retiree
18		health insurance shall be added to the 30% specified
19		in this subparagraph (U). The Teachers' Retirement
20		System of the State of Illinois and the Public School
21		Teachers' Pension and Retirement Fund of Chicago shall
22		submit such information as the State Superintendent
23		may require for the calculations set forth in this
24		subparagraph (U).
25		(V) Additional investments in low-income students.
26		In addition to and not in lieu of all other funding

SB2435 Enrolled - 915 - LRB102 04062 AMC 14078 b
1		under this paragraph (2), each Organizational Unit
2		shall receive funding based on the average teacher
3		salary for grades K through 12 to cover the costs of:
4		(i) one FTE intervention teacher (tutor)
5		position for every 125 Low-Income Count students;
6		(ii) one FTE pupil support staff position for
7		every 125 Low-Income Count students;
8		(iii) one FTE extended day teacher position
9		for every 120 Low-Income Count students; and
10		(iv) one FTE summer school teacher position
11		for every 120 Low-Income Count students.
12		(W) Additional investments in English learner
13		students. In addition to and not in lieu of all other
14		funding under this paragraph (2), each Organizational
15		Unit shall receive funding based on the average
16		teacher salary for grades K through 12 to cover the
17		costs of:
18		(i) one FTE intervention teacher (tutor)
19		position for every 125 English learner students;
20		(ii) one FTE pupil support staff position for
21		every 125 English learner students;
22		(iii) one FTE extended day teacher position
23		for every 120 English learner students;
24		(iv) one FTE summer school teacher position
25		for every 120 English learner students; and
26		(v) one FTE core teacher position for every

SB2435 Enrolled - 916 - LRB102 04062 AMC 14078 b
1		100 English learner students.
2		(X) Special education investments. Each
3		Organizational Unit shall receive funding based on the
4		average teacher salary for grades K through 12 to
5		cover special education as follows:
6		(i) one FTE teacher position for every 141
7		combined ASE of pre-kindergarten children with
8		disabilities and all kindergarten through grade 12
9		students;
10		(ii) one FTE instructional assistant for every
11		141 combined ASE of pre-kindergarten children with
12		disabilities and all kindergarten through grade 12
13		students; and
14		(iii) one FTE psychologist position for every
15		1,000 combined ASE of pre-kindergarten children
16		with disabilities and all kindergarten through
17		grade 12 students.
18		(3) For calculating the salaries included within the
19		Essential Elements, the State Superintendent shall
20		annually calculate average salaries to the nearest dollar
21		using the employment information system data maintained by
22		the State Board, limited to public schools only and
23		excluding special education and vocational cooperatives,
24		schools operated by the Department of Juvenile Justice,
25		and charter schools, for the following positions:
26		(A) Teacher for grades K through 8.

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1		(B) Teacher for grades 9 through 12.
2		(C) Teacher for grades K through 12.
3		(D) Guidance counselor for grades K through 8.
4		(E) Guidance counselor for grades 9 through 12.
5		(F) Guidance counselor for grades K through 12.
6		(G) Social worker.
7		(H) Psychologist.
8		(I) Librarian.
9		(J) Nurse.
10		(K) Principal.
11		(L) Assistant principal.
12		For the purposes of this paragraph (3), "teacher"
13		includes core teachers, specialist and elective teachers,
14		instructional facilitators, tutors, special education
15		teachers, pupil support staff teachers, English learner
16		teachers, extended day teachers, and summer school
17		teachers. Where specific grade data is not required for
18		the Essential Elements, the average salary for
19		corresponding positions shall apply. For substitute
20		teachers, the average teacher salary for grades K through
21		12 shall apply.
22		For calculating the salaries included within the
23		Essential Elements for positions not included within EIS
24		Data, the following salaries shall be used in the first
25		year of implementation of Evidence-Based Funding:
26		(i) school site staff, $30,000; and

SB2435 Enrolled - 918 - LRB102 04062 AMC 14078 b
1		(ii) non-instructional assistant, instructional
2		assistant, library aide, library media tech, or
3		supervisory aide: $25,000.
4		In the second and subsequent years of implementation
5		of Evidence-Based Funding, the amounts in items (i) and
6		(ii) of this paragraph (3) shall annually increase by the
7		ECI.
8		The salary amounts for the Essential Elements
9		determined pursuant to subparagraphs (A) through (L), (S)
10		and (T), and (V) through (X) of paragraph (2) of
11		subsection (b) of this Section shall be multiplied by a
12		Regionalization Factor.
13		(c) Local Capacity calculation.
14		(1) Each Organizational Unit's Local Capacity
15		represents an amount of funding it is assumed to
16		contribute toward its Adequacy Target for purposes of the
17		Evidence-Based Funding formula calculation. "Local
18		Capacity" means either (i) the Organizational Unit's Local
19		Capacity Target as calculated in accordance with paragraph
20		(2) of this subsection (c) if its Real Receipts are equal
21		to or less than its Local Capacity Target or (ii) the
22		Organizational Unit's Adjusted Local Capacity, as
23		calculated in accordance with paragraph (3) of this
24		subsection (c) if Real Receipts are more than its Local
25		Capacity Target.
26		(2) "Local Capacity Target" means, for an

SB2435 Enrolled - 919 - LRB102 04062 AMC 14078 b
1		Organizational Unit, that dollar amount that is obtained
2		by multiplying its Adequacy Target by its Local Capacity
3		Ratio.
4		(A) An Organizational Unit's Local Capacity
5		Percentage is the conversion of the Organizational
6		Unit's Local Capacity Ratio, as such ratio is
7		determined in accordance with subparagraph (B) of this
8		paragraph (2), into a cumulative distribution
9		resulting in a percentile ranking to determine each
10		Organizational Unit's relative position to all other
11		Organizational Units in this State. The calculation of
12		Local Capacity Percentage is described in subparagraph
13		(C) of this paragraph (2).
14		(B) An Organizational Unit's Local Capacity Ratio
15		in a given year is the percentage obtained by dividing
16		its Adjusted EAV or PTELL EAV, whichever is less, by
17		its Adequacy Target, with the resulting ratio further
18		adjusted as follows:
19		(i) for Organizational Units serving grades
20		kindergarten through 12 and Hybrid Districts, no
21		further adjustments shall be made;
22		(ii) for Organizational Units serving grades
23		kindergarten through 8, the ratio shall be
24		multiplied by 9/13;
25		(iii) for Organizational Units serving grades
26		9 through 12, the Local Capacity Ratio shall be

SB2435 Enrolled - 920 - LRB102 04062 AMC 14078 b
1		multiplied by 4/13; and
2		(iv) for an Organizational Unit with a
3		different grade configuration than those specified
4		in items (i) through (iii) of this subparagraph
5		(B), the State Superintendent shall determine a
6		comparable adjustment based on the grades served.
7		(C) The Local Capacity Percentage is equal to the
8		percentile ranking of the district. Local Capacity
9		Percentage converts each Organizational Unit's Local
10		Capacity Ratio to a cumulative distribution resulting
11		in a percentile ranking to determine each
12		Organizational Unit's relative position to all other
13		Organizational Units in this State. The Local Capacity
14		Percentage cumulative distribution resulting in a
15		percentile ranking for each Organizational Unit shall
16		be calculated using the standard normal distribution
17		of the score in relation to the weighted mean and
18		weighted standard deviation and Local Capacity Ratios
19		of all Organizational Units. If the value assigned to
20		any Organizational Unit is in excess of 90%, the value
21		shall be adjusted to 90%. For Laboratory Schools, the
22		Local Capacity Percentage shall be set at 10% in
23		recognition of the absence of EAV and resources from
24		the public university that are allocated to the
25		Laboratory School. For programs operated by a regional
26		office of education or an intermediate service center,

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1		the Local Capacity Percentage must be set at 10% in
2		recognition of the absence of EAV and resources from
3		school districts that are allocated to the regional
4		office of education or intermediate service center.
5		The weighted mean for the Local Capacity Percentage
6		shall be determined by multiplying each Organizational
7		Unit's Local Capacity Ratio times the ASE for the unit
8		creating a weighted value, summing the weighted values
9		of all Organizational Units, and dividing by the total
10		ASE of all Organizational Units. The weighted standard
11		deviation shall be determined by taking the square
12		root of the weighted variance of all Organizational
13		Units' Local Capacity Ratio, where the variance is
14		calculated by squaring the difference between each
15		unit's Local Capacity Ratio and the weighted mean,
16		then multiplying the variance for each unit times the
17		ASE for the unit to create a weighted variance for each
18		unit, then summing all units' weighted variance and
19		dividing by the total ASE of all units.
20		(D) For any Organizational Unit, the
21		Organizational Unit's Adjusted Local Capacity Target
22		shall be reduced by either (i) the school board's
23		remaining contribution pursuant to paragraph (ii) of
24		subsection (b-4) of Section 16-158 of the Illinois
25		Pension Code in a given year or (ii) the board of
26		education's remaining contribution pursuant to

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1		paragraph (iv) of subsection (b) of Section 17-129 of
2		the Illinois Pension Code absent the employer normal
3		cost portion of the required contribution and amount
4		allowed pursuant to subdivision (3) of Section
5		17-142.1 of the Illinois Pension Code in a given year.
6		In the preceding sentence, item (i) shall be certified
7		to the State Board of Education by the Teachers'
8		Retirement System of the State of Illinois and item
9		(ii) shall be certified to the State Board of
10		Education by the Public School Teachers' Pension and
11		Retirement Fund of the City of Chicago.
12		(3) If an Organizational Unit's Real Receipts are more
13		than its Local Capacity Target, then its Local Capacity
14		shall equal an Adjusted Local Capacity Target as
15		calculated in accordance with this paragraph (3). The
16		Adjusted Local Capacity Target is calculated as the sum of
17		the Organizational Unit's Local Capacity Target and its
18		Real Receipts Adjustment. The Real Receipts Adjustment
19		equals the Organizational Unit's Real Receipts less its
20		Local Capacity Target, with the resulting figure
21		multiplied by the Local Capacity Percentage.
22		As used in this paragraph (3), "Real Percent of
23		Adequacy" means the sum of an Organizational Unit's Real
24		Receipts, CPPRT, and Base Funding Minimum, with the
25		resulting figure divided by the Organizational Unit's
26		Adequacy Target.

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1		(d) Calculation of Real Receipts, EAV, and Adjusted EAV
2		for purposes of the Local Capacity calculation.
3		(1) An Organizational Unit's Real Receipts are the
4		product of its Applicable Tax Rate and its Adjusted EAV.
5		An Organizational Unit's Applicable Tax Rate is its
6		Adjusted Operating Tax Rate for property within the
7		Organizational Unit.
8		(2) The State Superintendent shall calculate the
9		equalized assessed valuation, or EAV, of all taxable
10		property of each Organizational Unit as of September 30 of
11		the previous year in accordance with paragraph (3) of this
12		subsection (d). The State Superintendent shall then
13		determine the Adjusted EAV of each Organizational Unit in
14		accordance with paragraph (4) of this subsection (d),
15		which Adjusted EAV figure shall be used for the purposes
16		of calculating Local Capacity.
17		(3) To calculate Real Receipts and EAV, the Department
18		of Revenue shall supply to the State Superintendent the
19		value as equalized or assessed by the Department of
20		Revenue of all taxable property of every Organizational
21		Unit, together with (i) the applicable tax rate used in
22		extending taxes for the funds of the Organizational Unit
23		as of September 30 of the previous year and (ii) the
24		limiting rate for all Organizational Units subject to
25		property tax extension limitations as imposed under PTELL.
26		(A) The Department of Revenue shall add to the

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1		equalized assessed value of all taxable property of
2		each Organizational Unit situated entirely or
3		partially within a county that is or was subject to the
4		provisions of Section 15-176 or 15-177 of the Property
5		Tax Code (i) an amount equal to the total amount by
6		which the homestead exemption allowed under Section
7		15-176 or 15-177 of the Property Tax Code for real
8		property situated in that Organizational Unit exceeds
9		the total amount that would have been allowed in that
10		Organizational Unit if the maximum reduction under
11		Section 15-176 was (I) $4,500 in Cook County or $3,500
12		in all other counties in tax year 2003 or (II) $5,000
13		in all counties in tax year 2004 and thereafter and
14		(ii) an amount equal to the aggregate amount for the
15		taxable year of all additional exemptions under
16		Section 15-175 of the Property Tax Code for owners
17		with a household income of $30,000 or less. The county
18		clerk of any county that is or was subject to the
19		provisions of Section 15-176 or 15-177 of the Property
20		Tax Code shall annually calculate and certify to the
21		Department of Revenue for each Organizational Unit all
22		homestead exemption amounts under Section 15-176 or
23		15-177 of the Property Tax Code and all amounts of
24		additional exemptions under Section 15-175 of the
25		Property Tax Code for owners with a household income
26		of $30,000 or less. It is the intent of this

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1		subparagraph (A) that if the general homestead
2		exemption for a parcel of property is determined under
3		Section 15-176 or 15-177 of the Property Tax Code
4		rather than Section 15-175, then the calculation of
5		EAV shall not be affected by the difference, if any,
6		between the amount of the general homestead exemption
7		allowed for that parcel of property under Section
8		15-176 or 15-177 of the Property Tax Code and the
9		amount that would have been allowed had the general
10		homestead exemption for that parcel of property been
11		determined under Section 15-175 of the Property Tax
12		Code. It is further the intent of this subparagraph
13		(A) that if additional exemptions are allowed under
14		Section 15-175 of the Property Tax Code for owners
15		with a household income of less than $30,000, then the
16		calculation of EAV shall not be affected by the
17		difference, if any, because of those additional
18		exemptions.
19		(B) With respect to any part of an Organizational
20		Unit within a redevelopment project area in respect to
21		which a municipality has adopted tax increment
22		allocation financing pursuant to the Tax Increment
23		Allocation Redevelopment Act, Division 74.4 of Article
24		11 of the Illinois Municipal Code, or the Industrial
25		Jobs Recovery Law, Division 74.6 of Article 11 of the
26		Illinois Municipal Code, no part of the current EAV of

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1		real property located in any such project area that is
2		attributable to an increase above the total initial
3		EAV of such property shall be used as part of the EAV
4		of the Organizational Unit, until such time as all
5		redevelopment project costs have been paid, as
6		provided in Section 11-74.4-8 of the Tax Increment
7		Allocation Redevelopment Act or in Section 11-74.6-35
8		of the Industrial Jobs Recovery Law. For the purpose
9		of the EAV of the Organizational Unit, the total
10		initial EAV or the current EAV, whichever is lower,
11		shall be used until such time as all redevelopment
12		project costs have been paid.
13		(B-5) The real property equalized assessed
14		valuation for a school district shall be adjusted by
15		subtracting from the real property value, as equalized
16		or assessed by the Department of Revenue, for the
17		district an amount computed by dividing the amount of
18		any abatement of taxes under Section 18-170 of the
19		Property Tax Code by 3.00% for a district maintaining
20		grades kindergarten through 12, by 2.30% for a
21		district maintaining grades kindergarten through 8, or
22		by 1.05% for a district maintaining grades 9 through
23		12 and adjusted by an amount computed by dividing the
24		amount of any abatement of taxes under subsection (a)
25		of Section 18-165 of the Property Tax Code by the same
26		percentage rates for district type as specified in

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1		this subparagraph (B-5).
2		(C) For Organizational Units that are Hybrid
3		Districts, the State Superintendent shall use the
4		lesser of the adjusted equalized assessed valuation
5		for property within the partial elementary unit
6		district for elementary purposes, as defined in
7		Article 11E of this Code, or the adjusted equalized
8		assessed valuation for property within the partial
9		elementary unit district for high school purposes, as
10		defined in Article 11E of this Code.
11		(4) An Organizational Unit's Adjusted EAV shall be the
12		average of its EAV over the immediately preceding 3 years
13		or its EAV in the immediately preceding year if the EAV in
14		the immediately preceding year has declined by 10% or more
15		compared to the 3-year average. In the event of
16		Organizational Unit reorganization, consolidation, or
17		annexation, the Organizational Unit's Adjusted EAV for the
18		first 3 years after such change shall be as follows: the
19		most current EAV shall be used in the first year, the
20		average of a 2-year EAV or its EAV in the immediately
21		preceding year if the EAV declines by 10% or more compared
22		to the 2-year average for the second year, and a 3-year
23		average EAV or its EAV in the immediately preceding year
24		if the Adjusted EAV declines by 10% or more compared to the
25		3-year average for the third year. For any school district
26		whose EAV in the immediately preceding year is used in

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1		calculations, in the following year, the Adjusted EAV
2		shall be the average of its EAV over the immediately
3		preceding 2 years or the immediately preceding year if
4		that year represents a decline of 10% or more compared to
5		the 2-year average.
6		"PTELL EAV" means a figure calculated by the State
7		Board for Organizational Units subject to PTELL as
8		described in this paragraph (4) for the purposes of
9		calculating an Organizational Unit's Local Capacity Ratio.
10		Except as otherwise provided in this paragraph (4), the
11		PTELL EAV of an Organizational Unit shall be equal to the
12		product of the equalized assessed valuation last used in
13		the calculation of general State aid under Section 18-8.05
14		of this Code (now repealed) or Evidence-Based Funding
15		under this Section and the Organizational Unit's Extension
16		Limitation Ratio. If an Organizational Unit has approved
17		or does approve an increase in its limiting rate, pursuant
18		to Section 18-190 of the Property Tax Code, affecting the
19		Base Tax Year, the PTELL EAV shall be equal to the product
20		of the equalized assessed valuation last used in the
21		calculation of general State aid under Section 18-8.05 of
22		this Code (now repealed) or Evidence-Based Funding under
23		this Section multiplied by an amount equal to one plus the
24		percentage increase, if any, in the Consumer Price Index
25		for All Urban Consumers for all items published by the
26		United States Department of Labor for the 12-month

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1		calendar year preceding the Base Tax Year, plus the
2		equalized assessed valuation of new property, annexed
3		property, and recovered tax increment value and minus the
4		equalized assessed valuation of disconnected property.
5		As used in this paragraph (4), "new property" and
6		"recovered tax increment value" shall have the meanings
7		set forth in the Property Tax Extension Limitation Law.
8		(e) Base Funding Minimum calculation.
9		(1) For the 2017-2018 school year, the Base Funding
10		Minimum of an Organizational Unit or a Specially Funded
11		Unit shall be the amount of State funds distributed to the
12		Organizational Unit or Specially Funded Unit during the
13		2016-2017 school year prior to any adjustments and
14		specified appropriation amounts described in this
15		paragraph (1) from the following Sections, as calculated
16		by the State Superintendent: Section 18-8.05 of this Code
17		(now repealed); Section 5 of Article 224 of Public Act
18		99-524 (equity grants); Section 14-7.02b of this Code
19		(funding for children requiring special education
20		services); Section 14-13.01 of this Code (special
21		education facilities and staffing), except for
22		reimbursement of the cost of transportation pursuant to
23		Section 14-13.01; Section 14C-12 of this Code (English
24		learners); and Section 18-4.3 of this Code (summer
25		school), based on an appropriation level of $13,121,600.
26		For a school district organized under Article 34 of this

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1		Code, the Base Funding Minimum also includes (i) the funds
2		allocated to the school district pursuant to Section 1D-1
3		of this Code attributable to funding programs authorized
4		by the Sections of this Code listed in the preceding
5		sentence and (ii) the difference between (I) the funds
6		allocated to the school district pursuant to Section 1D-1
7		of this Code attributable to the funding programs
8		authorized by Section 14-7.02 (non-public special
9		education reimbursement), subsection (b) of Section
10		14-13.01 (special education transportation), Section 29-5
11		(transportation), Section 2-3.80 (agricultural
12		education), Section 2-3.66 (truants' alternative
13		education), Section 2-3.62 (educational service centers),
14		and Section 14-7.03 (special education - orphanage) of
15		this Code and Section 15 of the Childhood Hunger Relief
16		Act (free breakfast program) and (II) the school
17		district's actual expenditures for its non-public special
18		education, special education transportation,
19		transportation programs, agricultural education, truants'
20		alternative education, services that would otherwise be
21		performed by a regional office of education, special
22		education orphanage expenditures, and free breakfast, as
23		most recently calculated and reported pursuant to
24		subsection (f) of Section 1D-1 of this Code. The Base
25		Funding Minimum for Glenwood Academy shall be $625,500.
26		For programs operated by a regional office of education or

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1		an intermediate service center, the Base Funding Minimum
2		must be the total amount of State funds allocated to those
3		programs in the 2018-2019 school year and amounts provided
4		pursuant to Article 34 of Public Act 100-586 and Section
5		3-16 of this Code. All programs established after June 5,
6		2019 (the effective date of Public Act 101-10) and
7		administered by a regional office of education or an
8		intermediate service center must have an initial Base
9		Funding Minimum set to an amount equal to the first-year
10		ASE multiplied by the amount of per pupil funding received
11		in the previous school year by the lowest funded similar
12		existing program type. If the enrollment for a program
13		operated by a regional office of education or an
14		intermediate service center is zero, then it may not
15		receive Base Funding Minimum funds for that program in the
16		next fiscal year, and those funds must be distributed to
17		Organizational Units under subsection (g).
18		(2) For the 2018-2019 and subsequent school years, the
19		Base Funding Minimum of Organizational Units and Specially
20		Funded Units shall be the sum of (i) the amount of
21		Evidence-Based Funding for the prior school year, (ii) the
22		Base Funding Minimum for the prior school year, and (iii)
23		any amount received by a school district pursuant to
24		Section 7 of Article 97 of Public Act 100-21.
25		(3) Subject to approval by the General Assembly as
26		provided in this paragraph (3), an Organizational Unit

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1		that meets all of the following criteria, as determined by
2		the State Board, shall have District Intervention Money
3		added to its Base Funding Minimum at the time the Base
4		Funding Minimum is calculated by the State Board:
5		(A) The Organizational Unit is operating under an
6		Independent Authority under Section 2-3.25f-5 of this
7		Code for a minimum of 4 school years or is subject to
8		the control of the State Board pursuant to a court
9		order for a minimum of 4 school years.
10		(B) The Organizational Unit was designated as a
11		Tier 1 or Tier 2 Organizational Unit in the previous
12		school year under paragraph (3) of subsection (g) of
13		this Section.
14		(C) The Organizational Unit demonstrates
15		sustainability through a 5-year financial and
16		strategic plan.
17		(D) The Organizational Unit has made sufficient
18		progress and achieved sufficient stability in the
19		areas of governance, academic growth, and finances.
20		As part of its determination under this paragraph (3),
21		the State Board may consider the Organizational Unit's
22		summative designation, any accreditations of the
23		Organizational Unit, or the Organizational Unit's
24		financial profile, as calculated by the State Board.
25		If the State Board determines that an Organizational
26		Unit has met the criteria set forth in this paragraph (3),

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1		it must submit a report to the General Assembly, no later
2		than January 2 of the fiscal year in which the State Board
3		makes it determination, on the amount of District
4		Intervention Money to add to the Organizational Unit's
5		Base Funding Minimum. The General Assembly must review the
6		State Board's report and may approve or disapprove, by
7		joint resolution, the addition of District Intervention
8		Money. If the General Assembly fails to act on the report
9		within 40 calendar days from the receipt of the report,
10		the addition of District Intervention Money is deemed
11		approved. If the General Assembly approves the amount of
12		District Intervention Money to be added to the
13		Organizational Unit's Base Funding Minimum, the District
14		Intervention Money must be added to the Base Funding
15		Minimum annually thereafter.
16		For the first 4 years following the initial year that
17		the State Board determines that an Organizational Unit has
18		met the criteria set forth in this paragraph (3) and has
19		received funding under this Section, the Organizational
20		Unit must annually submit to the State Board, on or before
21		November 30, a progress report regarding its financial and
22		strategic plan under subparagraph (C) of this paragraph
23		(3). The plan shall include the financial data from the
24		past 4 annual financial reports or financial audits that
25		must be presented to the State Board by November 15 of each
26		year and the approved budget financial data for the

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1		current year. The plan shall be developed according to the
2		guidelines presented to the Organizational Unit by the
3		State Board. The plan shall further include financial
4		projections for the next 3 fiscal years and include a
5		discussion and financial summary of the Organizational
6		Unit's facility needs. If the Organizational Unit does not
7		demonstrate sufficient progress toward its 5-year plan or
8		if it has failed to file an annual financial report, an
9		annual budget, a financial plan, a deficit reduction plan,
10		or other financial information as required by law, the
11		State Board may establish a Financial Oversight Panel
12		under Article 1H of this Code. However, if the
13		Organizational Unit already has a Financial Oversight
14		Panel, the State Board may extend the duration of the
15		Panel.
16		(f) Percent of Adequacy and Final Resources calculation.
17		(1) The Evidence-Based Funding formula establishes a
18		Percent of Adequacy for each Organizational Unit in order
19		to place such units into tiers for the purposes of the
20		funding distribution system described in subsection (g) of
21		this Section. Initially, an Organizational Unit's
22		Preliminary Resources and Preliminary Percent of Adequacy
23		are calculated pursuant to paragraph (2) of this
24		subsection (f). Then, an Organizational Unit's Final
25		Resources and Final Percent of Adequacy are calculated to
26		account for the Organizational Unit's poverty

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1		concentration levels pursuant to paragraphs (3) and (4) of
2		this subsection (f).
3		(2) An Organizational Unit's Preliminary Resources are
4		equal to the sum of its Local Capacity Target, CPPRT, and
5		Base Funding Minimum. An Organizational Unit's Preliminary
6		Percent of Adequacy is the lesser of (i) its Preliminary
7		Resources divided by its Adequacy Target or (ii) 100%.
8		(3) Except for Specially Funded Units, an
9		Organizational Unit's Final Resources are equal to the sum
10		of its Local Capacity, CPPRT, and Adjusted Base Funding
11		Minimum. The Base Funding Minimum of each Specially Funded
12		Unit shall serve as its Final Resources, except that the
13		Base Funding Minimum for State-approved charter schools
14		shall not include any portion of general State aid
15		allocated in the prior year based on the per capita
16		tuition charge times the charter school enrollment.
17		(4) An Organizational Unit's Final Percent of Adequacy
18		is its Final Resources divided by its Adequacy Target. An
19		Organizational Unit's Adjusted Base Funding Minimum is
20		equal to its Base Funding Minimum less its Supplemental
21		Grant Funding, with the resulting figure added to the
22		product of its Supplemental Grant Funding and Preliminary
23		Percent of Adequacy.
24		(g) Evidence-Based Funding formula distribution system.
25		(1) In each school year under the Evidence-Based
26		Funding formula, each Organizational Unit receives funding

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1		equal to the sum of its Base Funding Minimum and the unit's
2		allocation of New State Funds determined pursuant to this
3		subsection (g). To allocate New State Funds, the
4		Evidence-Based Funding formula distribution system first
5		places all Organizational Units into one of 4 tiers in
6		accordance with paragraph (3) of this subsection (g),
7		based on the Organizational Unit's Final Percent of
8		Adequacy. New State Funds are allocated to each of the 4
9		tiers as follows: Tier 1 Aggregate Funding equals 50% of
10		all New State Funds, Tier 2 Aggregate Funding equals 49%
11		of all New State Funds, Tier 3 Aggregate Funding equals
12		0.9% of all New State Funds, and Tier 4 Aggregate Funding
13		equals 0.1% of all New State Funds. Each Organizational
14		Unit within Tier 1 or Tier 2 receives an allocation of New
15		State Funds equal to its tier Funding Gap, as defined in
16		the following sentence, multiplied by the tier's
17		Allocation Rate determined pursuant to paragraph (4) of
18		this subsection (g). For Tier 1, an Organizational Unit's
19		Funding Gap equals the tier's Target Ratio, as specified
20		in paragraph (5) of this subsection (g), multiplied by the
21		Organizational Unit's Adequacy Target, with the resulting
22		amount reduced by the Organizational Unit's Final
23		Resources. For Tier 2, an Organizational Unit's Funding
24		Gap equals the tier's Target Ratio, as described in
25		paragraph (5) of this subsection (g), multiplied by the
26		Organizational Unit's Adequacy Target, with the resulting

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1		amount reduced by the Organizational Unit's Final
2		Resources and its Tier 1 funding allocation. To determine
3		the Organizational Unit's Funding Gap, the resulting
4		amount is then multiplied by a factor equal to one minus
5		the Organizational Unit's Local Capacity Target
6		percentage. Each Organizational Unit within Tier 3 or Tier
7		4 receives an allocation of New State Funds equal to the
8		product of its Adequacy Target and the tier's Allocation
9		Rate, as specified in paragraph (4) of this subsection
10		(g).
11		(2) To ensure equitable distribution of dollars for
12		all Tier 2 Organizational Units, no Tier 2 Organizational
13		Unit shall receive fewer dollars per ASE than any Tier 3
14		Organizational Unit. Each Tier 2 and Tier 3 Organizational
15		Unit shall have its funding allocation divided by its ASE.
16		Any Tier 2 Organizational Unit with a funding allocation
17		per ASE below the greatest Tier 3 allocation per ASE shall
18		get a funding allocation equal to the greatest Tier 3
19		funding allocation per ASE multiplied by the
20		Organizational Unit's ASE. Each Tier 2 Organizational
21		Unit's Tier 2 funding allocation shall be multiplied by
22		the percentage calculated by dividing the original Tier 2
23		Aggregate Funding by the sum of all Tier 2 Organizational
24		Units' Tier 2 funding allocation after adjusting
25		districts' funding below Tier 3 levels.
26		(3) Organizational Units are placed into one of 4

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1		tiers as follows:
2		(A) Tier 1 consists of all Organizational Units,
3		except for Specially Funded Units, with a Percent of
4		Adequacy less than the Tier 1 Target Ratio. The Tier 1
5		Target Ratio is the ratio level that allows for Tier 1
6		Aggregate Funding to be distributed, with the Tier 1
7		Allocation Rate determined pursuant to paragraph (4)
8		of this subsection (g).
9		(B) Tier 2 consists of all Tier 1 Units and all
10		other Organizational Units, except for Specially
11		Funded Units, with a Percent of Adequacy of less than
12		0.90.
13		(C) Tier 3 consists of all Organizational Units,
14		except for Specially Funded Units, with a Percent of
15		Adequacy of at least 0.90 and less than 1.0.
16		(D) Tier 4 consists of all Organizational Units
17		with a Percent of Adequacy of at least 1.0.
18		(4) The Allocation Rates for Tiers 1 through 4 are
19		determined as follows:
20		(A) The Tier 1 Allocation Rate is 30%.
21		(B) The Tier 2 Allocation Rate is the result of the
22		following equation: Tier 2 Aggregate Funding, divided
23		by the sum of the Funding Gaps for all Tier 2
24		Organizational Units, unless the result of such
25		equation is higher than 1.0. If the result of such
26		equation is higher than 1.0, then the Tier 2

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1		Allocation Rate is 1.0.
2		(C) The Tier 3 Allocation Rate is the result of the
3		following equation: Tier 3 Aggregate Funding, divided
4		by the sum of the Adequacy Targets of all Tier 3
5		Organizational Units.
6		(D) The Tier 4 Allocation Rate is the result of the
7		following equation: Tier 4 Aggregate Funding, divided
8		by the sum of the Adequacy Targets of all Tier 4
9		Organizational Units.
10		(5) A tier's Target Ratio is determined as follows:
11		(A) The Tier 1 Target Ratio is the ratio level that
12		allows for Tier 1 Aggregate Funding to be distributed
13		with the Tier 1 Allocation Rate.
14		(B) The Tier 2 Target Ratio is 0.90.
15		(C) The Tier 3 Target Ratio is 1.0.
16		(6) If, at any point, the Tier 1 Target Ratio is
17		greater than 90%, then than all Tier 1 funding shall be
18		allocated to Tier 2 and no Tier 1 Organizational Unit's
19		funding may be identified.
20		(7) In the event that all Tier 2 Organizational Units
21		receive funding at the Tier 2 Target Ratio level, any
22		remaining New State Funds shall be allocated to Tier 3 and
23		Tier 4 Organizational Units.
24		(8) If any Specially Funded Units, excluding Glenwood
25		Academy, recognized by the State Board do not qualify for
26		direct funding following the implementation of Public Act

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1		100-465 from any of the funding sources included within
2		the definition of Base Funding Minimum, the unqualified
3		portion of the Base Funding Minimum shall be transferred
4		to one or more appropriate Organizational Units as
5		determined by the State Superintendent based on the prior
6		year ASE of the Organizational Units.
7		(8.5) If a school district withdraws from a special
8		education cooperative, the portion of the Base Funding
9		Minimum that is attributable to the school district may be
10		redistributed to the school district upon withdrawal. The
11		school district and the cooperative must include the
12		amount of the Base Funding Minimum that is to be
13		reapportioned in their withdrawal agreement and notify the
14		State Board of the change with a copy of the agreement upon
15		withdrawal.
16		(9) The Minimum Funding Level is intended to establish
17		a target for State funding that will keep pace with
18		inflation and continue to advance equity through the
19		Evidence-Based Funding formula. The target for State
20		funding of New Property Tax Relief Pool Funds is
21		$50,000,000 for State fiscal year 2019 and subsequent
22		State fiscal years. The Minimum Funding Level is equal to
23		$350,000,000. In addition to any New State Funds, no more
24		than $50,000,000 New Property Tax Relief Pool Funds may be
25		counted toward the Minimum Funding Level. If the sum of
26		New State Funds and applicable New Property Tax Relief

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1		Pool Funds are less than the Minimum Funding Level, than
2		funding for tiers shall be reduced in the following
3		manner:
4		(A) First, Tier 4 funding shall be reduced by an
5		amount equal to the difference between the Minimum
6		Funding Level and New State Funds until such time as
7		Tier 4 funding is exhausted.
8		(B) Next, Tier 3 funding shall be reduced by an
9		amount equal to the difference between the Minimum
10		Funding Level and New State Funds and the reduction in
11		Tier 4 funding until such time as Tier 3 funding is
12		exhausted.
13		(C) Next, Tier 2 funding shall be reduced by an
14		amount equal to the difference between the Minimum
15		Funding Level and New State Funds and the reduction in
16		Tier 4 and Tier 3.
17		(D) Finally, Tier 1 funding shall be reduced by an
18		amount equal to the difference between the Minimum
19		Funding level and New State Funds and the reduction in
20		Tier 2, 3, and 4 funding. In addition, the Allocation
21		Rate for Tier 1 shall be reduced to a percentage equal
22		to the Tier 1 Allocation Rate set by paragraph (4) of
23		this subsection (g), multiplied by the result of New
24		State Funds divided by the Minimum Funding Level.
25		(9.5) For State fiscal year 2019 and subsequent State
26		fiscal years, if New State Funds exceed $300,000,000, then

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1		any amount in excess of $300,000,000 shall be dedicated
2		for purposes of Section 2-3.170 of this Code up to a
3		maximum of $50,000,000.
4		(10) In the event of a decrease in the amount of the
5		appropriation for this Section in any fiscal year after
6		implementation of this Section, the Organizational Units
7		receiving Tier 1 and Tier 2 funding, as determined under
8		paragraph (3) of this subsection (g), shall be held
9		harmless by establishing a Base Funding Guarantee equal to
10		the per pupil kindergarten through grade 12 funding
11		received in accordance with this Section in the prior
12		fiscal year. Reductions shall be made to the Base Funding
13		Minimum of Organizational Units in Tier 3 and Tier 4 on a
14		per pupil basis equivalent to the total number of the ASE
15		in Tier 3-funded and Tier 4-funded Organizational Units
16		divided by the total reduction in State funding. The Base
17		Funding Minimum as reduced shall continue to be applied to
18		Tier 3 and Tier 4 Organizational Units and adjusted by the
19		relative formula when increases in appropriations for this
20		Section resume. In no event may State funding reductions
21		to Organizational Units in Tier 3 or Tier 4 exceed an
22		amount that would be less than the Base Funding Minimum
23		established in the first year of implementation of this
24		Section. If additional reductions are required, all school
25		districts shall receive a reduction by a per pupil amount
26		equal to the aggregate additional appropriation reduction

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1		divided by the total ASE of all Organizational Units.
2		(11) The State Superintendent shall make minor
3		adjustments to the distribution formula set forth in this
4		subsection (g) to account for the rounding of percentages
5		to the nearest tenth of a percentage and dollar amounts to
6		the nearest whole dollar.
7		(h) State Superintendent administration of funding and
8		district submission requirements.
9		(1) The State Superintendent shall, in accordance with
10		appropriations made by the General Assembly, meet the
11		funding obligations created under this Section.
12		(2) The State Superintendent shall calculate the
13		Adequacy Target for each Organizational Unit and Net State
14		Contribution Target for each Organizational Unit under
15		this Section. No Evidence-Based Funding shall be
16		distributed within an Organizational Unit without the
17		approval of the unit's school board.
18		(3) Annually, the State Superintendent shall calculate
19		and report to each Organizational Unit the unit's
20		aggregate financial adequacy amount, which shall be the
21		sum of the Adequacy Target for each Organizational Unit.
22		The State Superintendent shall calculate and report
23		separately for each Organizational Unit the unit's total
24		State funds allocated for its students with disabilities.
25		The State Superintendent shall calculate and report
26		separately for each Organizational Unit the amount of

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1		funding and applicable FTE calculated for each Essential
2		Element of the unit's Adequacy Target.
3		(4) Annually, the State Superintendent shall calculate
4		and report to each Organizational Unit the amount the unit
5		must expend on special education and bilingual education
6		and computer technology and equipment for Organizational
7		Units assigned to Tier 1 or Tier 2 that received an
8		additional $285.50 per student computer technology and
9		equipment investment grant to their Adequacy Target
10		pursuant to the unit's Base Funding Minimum, Special
11		Education Allocation, Bilingual Education Allocation, and
12		computer technology and equipment investment allocation.
13		(5) Moneys distributed under this Section shall be
14		calculated on a school year basis, but paid on a fiscal
15		year basis, with payments beginning in August and
16		extending through June. Unless otherwise provided, the
17		moneys appropriated for each fiscal year shall be
18		distributed in 22 equal payments at least 2 times monthly
19		to each Organizational Unit. If moneys appropriated for
20		any fiscal year are distributed other than monthly, the
21		distribution shall be on the same basis for each
22		Organizational Unit.
23		(6) Any school district that fails, for any given
24		school year, to maintain school as required by law or to
25		maintain a recognized school is not eligible to receive
26		Evidence-Based Funding. In case of non-recognition of one

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1		or more attendance centers in a school district otherwise
2		operating recognized schools, the claim of the district
3		shall be reduced in the proportion that the enrollment in
4		the attendance center or centers bears to the enrollment
5		of the school district. "Recognized school" means any
6		public school that meets the standards for recognition by
7		the State Board. A school district or attendance center
8		not having recognition status at the end of a school term
9		is entitled to receive State aid payments due upon a legal
10		claim that was filed while it was recognized.
11		(7) School district claims filed under this Section
12		are subject to Sections 18-9 and 18-12 of this Code,
13		except as otherwise provided in this Section.
14		(8) Each fiscal year, the State Superintendent shall
15		calculate for each Organizational Unit an amount of its
16		Base Funding Minimum and Evidence-Based Funding that shall
17		be deemed attributable to the provision of special
18		educational facilities and services, as defined in Section
19		14-1.08 of this Code, in a manner that ensures compliance
20		with maintenance of State financial support requirements
21		under the federal Individuals with Disabilities Education
22		Act. An Organizational Unit must use such funds only for
23		the provision of special educational facilities and
24		services, as defined in Section 14-1.08 of this Code, and
25		must comply with any expenditure verification procedures
26		adopted by the State Board.

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1		(9) All Organizational Units in this State must submit
2		annual spending plans by the end of September of each year
3		to the State Board as part of the annual budget process,
4		which shall describe how each Organizational Unit will
5		utilize the Base Funding Minimum and Evidence-Based
6		Funding it receives from this State under this Section
7		with specific identification of the intended utilization
8		of Low-Income, English learner, and special education
9		resources. Additionally, the annual spending plans of each
10		Organizational Unit shall describe how the Organizational
11		Unit expects to achieve student growth and how the
12		Organizational Unit will achieve State education goals, as
13		defined by the State Board. The State Superintendent may,
14		from time to time, identify additional requisites for
15		Organizational Units to satisfy when compiling the annual
16		spending plans required under this subsection (h). The
17		format and scope of annual spending plans shall be
18		developed by the State Superintendent and the State Board
19		of Education. School districts that serve students under
20		Article 14C of this Code shall continue to submit
21		information as required under Section 14C-12 of this Code.
22		(10) No later than January 1, 2018, the State
23		Superintendent shall develop a 5-year strategic plan for
24		all Organizational Units to help in planning for adequacy
25		funding under this Section. The State Superintendent shall
26		submit the plan to the Governor and the General Assembly,

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1		as provided in Section 3.1 of the General Assembly
2		Organization Act. The plan shall include recommendations
3		for:
4		(A) a framework for collaborative, professional,
5		innovative, and 21st century learning environments
6		using the Evidence-Based Funding model;
7		(B) ways to prepare and support this State's
8		educators for successful instructional careers;
9		(C) application and enhancement of the current
10		financial accountability measures, the approved State
11		plan to comply with the federal Every Student Succeeds
12		Act, and the Illinois Balanced Accountability Measures
13		in relation to student growth and elements of the
14		Evidence-Based Funding model; and
15		(D) implementation of an effective school adequacy
16		funding system based on projected and recommended
17		funding levels from the General Assembly.
18		(11) On an annual basis, the State Superintendent must
19		recalibrate all of the following per pupil elements of the
20		Adequacy Target and applied to the formulas, based on the
21		study of average expenses and as reported in the most
22		recent annual financial report:
23		(A) Gifted under subparagraph (M) of paragraph (2)
24		of subsection (b).
25		(B) Instructional materials under subparagraph (O)
26		of paragraph (2) of subsection (b).

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1		(C) Assessment under subparagraph (P) of paragraph
2		(2) of subsection (b).
3		(D) Student activities under subparagraph (R) of
4		paragraph (2) of subsection (b).
5		(E) Maintenance and operations under subparagraph
6		(S) of paragraph (2) of subsection (b).
7		(F) Central office under subparagraph (T) of
8		paragraph (2) of subsection (b).
9		(i) Professional Review Panel.
10		(1) A Professional Review Panel is created to study
11		and review topics related to the implementation and effect
12		of Evidence-Based Funding, as assigned by a joint
13		resolution or Public Act of the General Assembly or a
14		motion passed by the State Board of Education. The Panel
15		must provide recommendations to and serve the Governor,
16		the General Assembly, and the State Board. The State
17		Superintendent or his or her designee must serve as a
18		voting member and chairperson of the Panel. The State
19		Superintendent must appoint a vice chairperson from the
20		membership of the Panel. The Panel must advance
21		recommendations based on a three-fifths majority vote of
22		Panel members present and voting. A minority opinion may
23		also accompany any recommendation of the Panel. The Panel
24		shall be appointed by the State Superintendent, except as
25		otherwise provided in paragraph (2) of this subsection (i)
26		and include the following members:

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1		(A) Two appointees that represent district
2		superintendents, recommended by a statewide
3		organization that represents district superintendents.
4		(B) Two appointees that represent school boards,
5		recommended by a statewide organization that
6		represents school boards.
7		(C) Two appointees from districts that represent
8		school business officials, recommended by a statewide
9		organization that represents school business
10		officials.
11		(D) Two appointees that represent school
12		principals, recommended by a statewide organization
13		that represents school principals.
14		(E) Two appointees that represent teachers,
15		recommended by a statewide organization that
16		represents teachers.
17		(F) Two appointees that represent teachers,
18		recommended by another statewide organization that
19		represents teachers.
20		(G) Two appointees that represent regional
21		superintendents of schools, recommended by
22		organizations that represent regional superintendents.
23		(H) Two independent experts selected solely by the
24		State Superintendent.
25		(I) Two independent experts recommended by public
26		universities in this State.

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1		(J) One member recommended by a statewide
2		organization that represents parents.
3		(K) Two representatives recommended by collective
4		impact organizations that represent major metropolitan
5		areas or geographic areas in Illinois.
6		(L) One member from a statewide organization
7		focused on research-based education policy to support
8		a school system that prepares all students for
9		college, a career, and democratic citizenship.
10		(M) One representative from a school district
11		organized under Article 34 of this Code.
12		The State Superintendent shall ensure that the
13		membership of the Panel includes representatives from
14		school districts and communities reflecting the
15		geographic, socio-economic, racial, and ethnic diversity
16		of this State. The State Superintendent shall additionally
17		ensure that the membership of the Panel includes
18		representatives with expertise in bilingual education and
19		special education. Staff from the State Board shall staff
20		the Panel.
21		(2) In addition to those Panel members appointed by
22		the State Superintendent, 4 members of the General
23		Assembly shall be appointed as follows: one member of the
24		House of Representatives appointed by the Speaker of the
25		House of Representatives, one member of the Senate
26		appointed by the President of the Senate, one member of

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1		the House of Representatives appointed by the Minority
2		Leader of the House of Representatives, and one member of
3		the Senate appointed by the Minority Leader of the Senate.
4		There shall be one additional member appointed by the
5		Governor. All members appointed by legislative leaders or
6		the Governor shall be non-voting, ex officio members.
7		(3) The Panel must study topics at the direction of
8		the General Assembly or State Board of Education, as
9		provided under paragraph (1). The Panel may also study the
10		following topics at the direction of the chairperson:
11		(A) The format and scope of annual spending plans
12		referenced in paragraph (9) of subsection (h) of this
13		Section.
14		(B) The Comparable Wage Index under this Section.
15		(C) Maintenance and operations, including capital
16		maintenance and construction costs.
17		(D) "At-risk student" definition.
18		(E) Benefits.
19		(F) Technology.
20		(G) Local Capacity Target.
21		(H) Funding for Alternative Schools, Laboratory
22		Schools, safe schools, and alternative learning
23		opportunities programs.
24		(I) Funding for college and career acceleration
25		strategies.
26		(J) Special education investments.

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1		(K) Early childhood investments, in collaboration
2		with the Illinois Early Learning Council.
3		(4) (Blank).
4		(5) Within 5 years after the implementation of this
5		Section, and every 5 years thereafter, the Panel shall
6		complete an evaluative study of the entire Evidence-Based
7		Funding model, including an assessment of whether or not
8		the formula is achieving State goals. The Panel shall
9		report to the State Board, the General Assembly, and the
10		Governor on the findings of the study.
11		(6) (Blank).
12		(j) References. Beginning July 1, 2017, references in
13		other laws to general State aid funds or calculations under
14		Section 18-8.05 of this Code (now repealed) shall be deemed to
15		be references to evidence-based model formula funds or
16		calculations under this Section.
17		(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
18		100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff.
19		6-14-19; 101-643, eff. 6-18-20; revised 8-21-20.)
20		(105 ILCS 5/22-33)
21		Sec. 22-33. Medical cannabis.
22		(a) This Section may be referred to as Ashley's Law.
23		(a-5) In this Section:
24		"Designated caregiver", "medical cannabis infused
25		product", "qualifying patient", and "registered" have the

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1		meanings given to those terms under Section 10 of the
2		Compassionate Use of Medical Cannabis Program Act.
3		"Self-administration" means a student's discretionary use
4		of his or her medical cannabis infused product.
5		(b) Subject to the restrictions under subsections (c)
6		through (g) of this Section, a school district, public school,
7		charter school, or nonpublic school shall authorize a parent
8		or guardian or any other individual registered with the
9		Department of Public Health as a designated caregiver of a
10		student who is a registered qualifying patient to administer a
11		medical cannabis infused product to the student on the
12		premises of the child's school or on the child's school bus if
13		both the student (as a registered qualifying patient) and the
14		parent or guardian or other individual (as a registered
15		designated caregiver) have been issued registry identification
16		cards under the Compassionate Use of Medical Cannabis Program
17		Act. After administering the product, the parent or guardian
18		or other individual shall remove the product from the school
19		premises or the school bus.
20		(b-5) Notwithstanding subsection (b) and subject to the
21		restrictions under subsections (c) through (g), a school
22		district, public school, charter school, or nonpublic school
23		must allow a school nurse or school administrator to
24		administer a medical cannabis infused product to a student who
25		is a registered qualifying patient (i) while on school
26		premises, (ii) while at a school-sponsored activity, or (iii)

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1		before or after normal school activities, including while the
2		student is in before-school or after-school care on
3		school-operated property or while the student is being
4		transported on a school bus. A school district, public school,
5		charter school, or nonpublic school may authorize the
6		self-administration of a medical cannabis infused product by a
7		student who is a registered qualifying patient if the
8		self-administration takes place under the direct supervision
9		of a school nurse or school administrator.
10		Before allowing the administration of a medical cannabis
11		infused product by a school nurse or school administrator or a
12		student's self-administration of a medical cannabis infused
13		product under the supervision of a school nurse or school
14		administrator under this subsection, the parent or guardian of
15		a student who is the registered qualifying patient must
16		provide written authorization for its use, along with a copy
17		of the registry identification card of the student (as a
18		registered qualifying patient) and the parent or guardian (as
19		a registered designated caregiver). The written authorization
20		must specify the times at which where or the special
21		circumstances under which the medical cannabis infused product
22		must be administered. The written authorization and a copy of
23		the registry identification cards must be kept on file in the
24		office of the school nurse. The authorization for a student to
25		self-administer medical cannabis infused products is effective
26		for the school year in which it is granted and must be renewed

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1		each subsequent school year upon fulfillment of the
2		requirements of this Section.
3		(b-10) Medical cannabis infused products that are to be
4		administered under subsection (b-5) must be stored with the
5		school nurse at all times in a manner consistent with storage
6		of other student medication at the school and may be
7		accessible only by the school nurse or a school administrator.
8		(c) A parent or guardian or other individual may not
9		administer a medical cannabis infused product under this
10		Section in a manner that, in the opinion of the school district
11		or school, would create a disruption to the school's
12		educational environment or would cause exposure of the product
13		to other students.
14		(d) A school district or school may not discipline a
15		student who is administered a medical cannabis infused product
16		by a parent or guardian or other individual under this Section
17		or who self-administers a medical cannabis infused product
18		under the supervision of a school nurse or school
19		administrator under this Section and may not deny the
20		student's eligibility to attend school solely because the
21		student requires the administration of the product.
22		(e) Nothing in this Section requires a member of a
23		school's staff to administer a medical cannabis infused
24		product to a student.
25		(f) A school district, public school, charter school, or
26		nonpublic school may not authorize the use of a medical

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1		cannabis infused product under this Section if the school
2		district or school would lose federal funding as a result of
3		the authorization.
4		(f-5) The State Board of Education, in consultation with
5		the Department of Public Health, must develop a training
6		curriculum for school nurses and school administrators on the
7		administration of medical cannabis infused products. Prior to
8		the administration of a medical cannabis infused product under
9		subsection (b-5), a school nurse or school administrator must
10		annually complete the training curriculum developed under this
11		subsection and must submit to the school's administration
12		proof of its completion. A school district, public school,
13		charter school, or nonpublic school must maintain records
14		related to the training curriculum and of the school nurses or
15		school administrators who have completed the training.
16		(g) A school district, public school, charter school, or
17		nonpublic school shall adopt a policy to implement this
18		Section.
19		(Source: P.A. 100-660, eff. 8-1-18; 101-363, eff. 8-9-19;
20		101-370, eff. 1-1-20; revised 10-7-19.)
21		(105 ILCS 5/22-85)
22		Sec. 22-85. Sexual abuse at schools.
23		(a) The General Assembly finds that:
24		(1) investigation of a child regarding an incident of
25		sexual abuse can induce significant trauma for the child;

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1		(2) it is desirable to prevent multiple interviews of
2		a child at a school; and
3		(3) it is important to recognize the role of
4		Children's Advocacy Centers in conducting developmentally
5		appropriate investigations.
6		(b) In this Section:
7		"Alleged incident of sexual abuse" is limited to an
8		incident of sexual abuse of a child that is alleged to have
9		been perpetrated by school personnel, including a school
10		vendor or volunteer, that occurred (i) on school grounds or
11		during a school activity or (ii) outside of school grounds or
12		not during a school activity.
13		"Appropriate law enforcement agency" means a law
14		enforcement agency whose employees have been involved, in some
15		capacity, with an investigation of a particular alleged
16		incident of sexual abuse.
17		(c) If a mandated reporter within a school has knowledge
18		of an alleged incident of sexual abuse, the reporter must call
19		the Department of Children and Family Services' hotline
20		established under Section 7.6 of the Abused and Neglected
21		Child Reporting Act immediately after obtaining the minimal
22		information necessary to make a report, including the names of
23		the affected parties and the allegations. The State Board of
24		Education must make available materials detailing the
25		information that is necessary to enable notification to the
26		Department of Children and Family Services of an alleged

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1		incident of sexual abuse. Each school must ensure that
2		mandated reporters review the State Board of Education's
3		materials and materials developed by the Department of
4		Children and Family Services and distributed in the school
5		building under Section 7 of the Abused and Neglected Child
6		Reporting Act at least once annually.
7		(d) For schools in a county with an accredited Children's
8		Advocacy Center, every alleged incident of sexual abuse that
9		is reported to the Department of Children and Family Services'
10		hotline or a law enforcement agency and is subsequently
11		accepted for investigation must be referred by the entity that
12		received the report to the local Children's Advocacy Center
13		pursuant to that county's multidisciplinary team's protocol
14		under the Children's Advocacy Center Act for investigating
15		child sexual abuse allegations.
16		(e) A county's local Children's Advocacy Center must, at a
17		minimum, do both of the following regarding a referred case of
18		an alleged incident of sexual abuse:
19		(1) Coordinate the investigation of the alleged
20		incident, as governed by the local Children's Advocacy
21		Center's existing multidisciplinary team protocol and
22		according to National Children's Alliance accreditation
23		standards.
24		(2) Facilitate communication between the
25		multidisciplinary team investigating the alleged incident
26		of sexual abuse and, if applicable, the referring school's

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1		(i) Title IX officer, or his or her designee, (ii) school
2		resource officer, or (iii) personnel leading the school's
3		investigation into the alleged incident of sexual abuse.
4		If a school uses a designated entity to investigate a
5		sexual abuse allegation, the multidisciplinary team may
6		correspond only with that entity and any reference in this
7		Section to "school" refers to that designated entity. This
8		facilitation of communication must, at a minimum, ensure
9		that all applicable parties have each other's contact
10		information and must share the county's local Children's
11		Advocacy Center's protocol regarding the process of
12		approving the viewing of a forensic interview, as defined
13		under Section 2.5 of the Children's Advocacy Center Act,
14		by school personnel and a contact person for questions
15		relating to the protocol.
16		(f) After an alleged incident of sexual abuse is accepted
17		for investigation by the Department of Children and Family
18		Services or a law enforcement agency and while the criminal
19		and child abuse investigations related to that alleged
20		incident are being conducted by the local multidisciplinary
21		team, the school relevant to the alleged incident of sexual
22		abuse must comply with both of the following:
23		(1) It may not interview the alleged victim regarding
24		details of the alleged incident of sexual abuse until
25		after the completion of the forensic interview of that
26		victim is conducted at a Children's Advocacy Center. This

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1		paragraph does not prohibit a school from requesting
2		information from the alleged victim or his or her parent
3		or guardian to ensure the safety and well-being of the
4		alleged victim at school during an investigation.
5		(2) If asked by a law enforcement agency or an
6		investigator of the Department of Children and Family
7		Services who is conducting the investigation, it must
8		inform those individuals of any evidence the school has
9		gathered pertaining to an alleged incident of sexual
10		abuse, as permissible by federal or State law.
11		(g) After completion of a forensic interview, the
12		multidisciplinary team must notify the school relevant to the
13		alleged incident of sexual abuse of its completion. If, for
14		any reason, a multidisciplinary team determines it will not
15		conduct a forensic interview in a specific investigation, the
16		multidisciplinary team must notify the school as soon as the
17		determination is made. If a forensic interview has not been
18		conducted within 15 calendar days after opening an
19		investigation, the school may notify the multidisciplinary
20		team that it intends to interview the alleged victim. No later
21		than 10 calendar days after this notification, the
22		multidisciplinary team may conduct the forensic interview and,
23		if the multidisciplinary team does not conduct the interview,
24		the school may proceed with its interview.
25		(h) To the greatest extent possible considering student
26		safety and Title IX compliance, school personnel may view the

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1		electronic recordings of a forensic interview of an alleged
2		victim of an incident of sexual abuse. As a means to avoid
3		additional interviews of an alleged victim, school personnel
4		must be granted viewing access to the electronic recording of
5		a forensic interview conducted at an accredited Children's
6		Advocacy Center for an alleged incident of sexual abuse only
7		if the school receives (i) approval from the multidisciplinary
8		team investigating the case and (ii) informed consent by a
9		child over the age of 13 or the child's parent or guardian.
10		Each county's local Children's Advocacy Center and
11		multidisciplinary team must establish an internal protocol
12		regarding the process of approving the viewing of the forensic
13		interview, and this process and the contact person must be
14		shared with the school contact at the time of the initial
15		facilitation. Whenever possible, the school's viewing of the
16		electronic recording of a forensic interview should be
17		conducted in lieu of the need for additional interviews.
18		(i) For an alleged incident of sexual abuse that has been
19		accepted for investigation by a multidisciplinary team, if,
20		during the course of its internal investigation and at any
21		point during or after the multidisciplinary team's
22		investigation, the school determines that it needs to
23		interview the alleged victim to successfully complete its
24		investigation and the victim is under 18 years of age, a child
25		advocate must be made available to the student and may be
26		present during the school's interview. A child advocate may be

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1		a school social worker, a school or equally qualified
2		psychologist, or a person in a position the State Board of
3		Education has identified as an appropriate advocate for the
4		student during a school's investigation into an alleged
5		incident of sexual abuse.
6		(j) The Department of Children and Family Services must
7		notify the relevant school when an agency investigation of an
8		alleged incident of sexual abuse is complete. The notification
9		must include information on the outcome of that investigation.
10		(k) The appropriate law enforcement agency must notify the
11		relevant school when an agency investigation of an alleged
12		incident of sexual abuse is complete or has been suspended.
13		The notification must include information on the outcome of
14		that investigation.
15		(l) This Section applies to all schools operating under
16		this Code, including, but not limited to, public schools
17		located in cities having a population of more than 500,000, a
18		school operated pursuant to an agreement with a public school
19		district, alternative schools operated by third parties, an
20		alternative learning opportunities program, a public school
21		administered by a local public agency or the Department of
22		Human Services, charter schools operating under the authority
23		of Article 27A, and non-public schools recognized by the State
24		Board of Education.
25		(Source: P.A. 101-531, eff. 8-23-19.)

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1		(105 ILCS 5/22-87)
2		Sec. 22-87 22-85. Graduation requirements; Free
3		Application for Federal Student Aid.
4		(a) Beginning with the 2020-2021 school year, in addition
5		to any other requirements under this Code, as a prerequisite
6		to receiving a high school diploma from a public high school,
7		the parent or guardian of each student or, if a student is at
8		least 18 years of age or legally emancipated, the student must
9		comply with either of the following:
10		(1) File a Free Application for Federal Student Aid
11		with the United States Department of Education or, if
12		applicable, an application for State financial aid.
13		(2) On a form created by the State Board of Education,
14		file a waiver with the student's school district
15		indicating that the parent or guardian or, if applicable,
16		the student understands what the Free Application for
17		Federal Student Aid and application for State financial
18		aid are and has chosen not to file an application under
19		paragraph (1).
20		(b) Each school district with a high school must require
21		each high school student to comply with this Section and must
22		provide to each high school student and, if applicable, his or
23		her parent or guardian any support or assistance necessary to
24		comply with this Section. A school district must award a high
25		school diploma to a student who is unable to meet the
26		requirements of subsection (a) due to extenuating

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1		circumstances, as determined by the school district, if (i)
2		the student has met all other graduation requirements under
3		this Code and (ii) the principal attests that the school
4		district has made a good faith effort to assist the student or,
5		if applicable, his or her parent or guardian in filing an
6		application or a waiver under subsection (a).
7		(c) The State Board of Education may adopt rules to
8		implement this Section.
9		(Source: P.A. 101-180, eff. 6-1-20; revised 8-4-20.)
10		(105 ILCS 5/22-88)
11		Sec. 22-88 22-85. Parental notification of law enforcement
12		detainment and questioning on school grounds.
13		(a) In this Section, "school grounds" means the real
14		property comprising an active and operational elementary or
15		secondary school during the regular hours in which school is
16		in session and when students are present.
17		(b) Before detaining and questioning a student on school
18		grounds who is under 18 years of age and who is suspected of
19		committing a criminal act, a law enforcement officer, a school
20		resource officer, or other school security personnel must do
21		all of the following:
22		(1) Ensure that notification or attempted notification
23		of the student's parent or guardian is made.
24		(2) Document the time and manner in which the
25		notification or attempted notification under paragraph (1)

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1		occurred.
2		(3) Make reasonable efforts to ensure that the
3		student's parent or guardian is present during the
4		questioning or, if the parent or guardian is not present,
5		ensure that school personnel, including, but not limited
6		to, a school social worker, a school psychologist, a
7		school nurse, a school guidance counselor, or any other
8		mental health professional, are present during the
9		questioning.
10		(4) If practicable, make reasonable efforts to ensure
11		that a law enforcement officer trained in promoting safe
12		interactions and communications with youth is present
13		during the questioning. An officer who received training
14		in youth investigations approved or certified by his or
15		her law enforcement agency or under Section 10.22 of the
16		Police Training Act or a juvenile police officer, as
17		defined under Section 1-3 of the Juvenile Court Act of
18		1987, satisfies the requirement under this paragraph.
19		(c) This Section does not limit the authority of a law
20		enforcement officer to make an arrest on school grounds. This
21		Section does not apply to circumstances that would cause a
22		reasonable person to believe that urgent and immediate action
23		is necessary to do any of the following:
24		(1) Prevent bodily harm or injury to the student or
25		any other person.
26		(2) Apprehend an armed or fleeing suspect.

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1		(3) Prevent the destruction of evidence.
2		(4) Address an emergency or other dangerous situation.
3		(Source: P.A. 101-478, eff. 8-23-19; revised 8-24-20.)
4		(105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7)
5		Sec. 24A-7. Rules. The State Board of Education is
6		authorized to adopt such rules as are deemed necessary to
7		implement and accomplish the purposes and provisions of this
8		Article, including, but not limited to, rules:
9		(1) (i) relating to the methods for measuring student
10		growth (including, but not limited to, limitations on the
11		age of usable useable data; the amount of data needed to
12		reliably and validly measure growth for the purpose of
13		teacher and principal evaluations; and whether and at what
14		time annual State assessments may be used as one of
15		multiple measures of student growth);
16		(2) , (ii) defining the term "significant factor" for
17		purposes of including consideration of student growth in
18		performance ratings;
19		(3) , (iii) controlling for such factors as student
20		characteristics (including, but not limited to, students
21		receiving special education and English Language Learner
22		services), student attendance, and student mobility so as
23		to best measure the impact that a teacher, principal,
24		school and school district has on students' academic
25		achievement;

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1		(4) , (iv) establishing minimum requirements for
2		district teacher and principal evaluation instruments and
3		procedures; , and
4		(5) (v) establishing a model evaluation plan for use
5		by school districts in which student growth shall comprise
6		50% of the performance rating.
7		Notwithstanding any other provision in this Section, such
8		rules shall not preclude a school district having 500,000 or
9		more inhabitants from using an annual State assessment as the
10		sole measure of student growth for purposes of teacher or
11		principal evaluations.
12		The State Superintendent of Education shall convene a
13		Performance Evaluation Advisory Council, which shall be
14		staffed by the State Board of Education. Members of the
15		Council shall be selected by the State Superintendent and
16		include, without limitation, representatives of teacher unions
17		and school district management, persons with expertise in
18		performance evaluation processes and systems, as well as other
19		stakeholders. The Council shall meet at least quarterly, and
20		may also meet at the call of the chairperson of the Council,
21		following August 18, 2017 (the effective date of Public Act
22		100-211) this amendatory Act of the 100th General Assembly
23		until June 30, 2021. The Council shall advise the State Board
24		of Education on the ongoing implementation of performance
25		evaluations in this State, which may include gathering public
26		feedback, sharing best practices, consulting with the State

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1		Board on any proposed rule changes regarding evaluations, and
2		other subjects as determined by the chairperson of the
3		Council.
4		Prior to the applicable implementation date, these rules
5		shall not apply to teachers assigned to schools identified in
6		an agreement entered into between the board of a school
7		district operating under Article 34 of this Code and the
8		exclusive representative of the district's teachers in
9		accordance with Section 34-85c of this Code.
10		(Source: P.A. 100-211, eff. 8-18-17; revised 7-15-19.)
11		(105 ILCS 5/27-23.13)
12		Sec. 27-23.13. Hunting safety. A school district may offer
13		its students a course on hunting safety as part of its
14		curriculum during the school day or as part of an after-school
15		program. The State Board of Education may prepare and make
16		available to school boards resources on hunting safety that
17		may be used as guidelines for the development of a course under
18		this Section.
19		(Source: P.A. 101-152, eff. 7-26-19.)
20		(105 ILCS 5/27-23.14)
21		Sec. 27-23.14 27-23.13. Workplace preparation course. A
22		school district that maintains any of grades 9 through 12 may
23		include in its high school curriculum a unit of instruction on
24		workplace preparation that covers legal protections in the

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1		workplace, including protection against sexual harassment and
2		racial and other forms of discrimination and other protections
3		for employees. A school board may determine the minimum amount
4		of instruction time that qualifies as a unit of instruction
5		under this Section.
6		(Source: P.A. 101-347, eff. 1-1-20; revised 9-25-19.)
7		(105 ILCS 5/27-24.1) (from Ch. 122, par. 27-24.1)
8		Sec. 27-24.1. Definitions. As used in the Driver Education
9		Act unless the context otherwise requires:
10		"State Board" means the State Board of Education. ;
11		"Driver education course" and "course" means a course of
12		instruction in the use and operation of cars, including
13		instruction in the safe operation of cars and rules of the road
14		and the laws of this State relating to motor vehicles, which
15		meets the minimum requirements of this Act and the rules and
16		regulations issued thereunder by the State Board and has been
17		approved by the State Board as meeting such requirements. ;
18		"Car" means a motor vehicle of the first division as
19		defined in the Illinois Vehicle Code. ;
20		"Motorcycle" or "motor driven cycle" means such a vehicle
21		as defined in the Illinois Vehicle Code. ;
22		"Driver's license" means any license or permit issued by
23		the Secretary of State under Chapter 6 of the Illinois Vehicle
24		Code.
25		"Distance learning program" means a program of study in

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1		which all participating teachers and students do not
2		physically meet in the classroom and instead use the Internet,
3		email, or any other method other than the classroom to provide
4		instruction.
5		With reference to persons, the singular number includes
6		the plural and vice versa, and the masculine gender includes
7		the feminine.
8		(Source: P.A. 101-183, eff. 8-2-19; revised 9-26-19.)
9		(105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2)
10		Sec. 27-24.2. Safety education; driver education course.
11		Instruction shall be given in safety education in each of
12		grades one through 8, equivalent to one class period each
13		week, and any school district which maintains grades 9 through
14		12 shall offer a driver education course in any such school
15		which it operates. Its curriculum shall include content
16		dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois
17		Vehicle Code, the rules adopted pursuant to those Chapters
18		insofar as they pertain to the operation of motor vehicles,
19		and the portions of the Litter Control Act relating to the
20		operation of motor vehicles. The course of instruction given
21		in grades 10 through 12 shall include an emphasis on the
22		development of knowledge, attitudes, habits, and skills
23		necessary for the safe operation of motor vehicles, including
24		motorcycles insofar as they can be taught in the classroom,
25		and instruction on distracted driving as a major traffic

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1		safety issue. In addition, the course shall include
2		instruction on special hazards existing at and required safety
3		and driving precautions that must be observed at emergency
4		situations, highway construction and maintenance zones, and
5		railroad crossings and the approaches thereto. Beginning with
6		the 2017-2018 school year, the course shall also include
7		instruction concerning law enforcement procedures for traffic
8		stops, including a demonstration of the proper actions to be
9		taken during a traffic stop and appropriate interactions with
10		law enforcement. The course of instruction required of each
11		eligible student at the high school level shall consist of a
12		minimum of 30 clock hours of classroom instruction and a
13		minimum of 6 clock hours of individual behind-the-wheel
14		instruction in a dual control car on public roadways taught by
15		a driver education instructor endorsed by the State Board of
16		Education. A school district's decision to allow a student to
17		take a portion of the driver education course through a
18		distance learning program must be determined on a case-by-case
19		basis and must be approved by the school's administration,
20		including the student's driver education teacher, and the
21		student's parent or guardian. Under no circumstances may the
22		student take the entire driver education course through a
23		distance learning program. Both the classroom instruction part
24		and the practice driving part of a driver education course
25		shall be open to a resident or non-resident student attending
26		a non-public school in the district wherein the course is

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1		offered. Each student attending any public or non-public high
2		school in the district must receive a passing grade in at least
3		8 courses during the previous 2 semesters prior to enrolling
4		in a driver education course, or the student shall not be
5		permitted to enroll in the course; provided that the local
6		superintendent of schools (with respect to a student attending
7		a public high school in the district) or chief school
8		administrator (with respect to a student attending a
9		non-public high school in the district) may waive the
10		requirement if the superintendent or chief school
11		administrator, as the case may be, deems it to be in the best
12		interest of the student. A student may be allowed to commence
13		the classroom instruction part of such driver education course
14		prior to reaching age 15 if such student then will be eligible
15		to complete the entire course within 12 months after being
16		allowed to commence such classroom instruction.
17		A school district may offer a driver education course in a
18		school by contracting with a commercial driver training school
19		to provide both the classroom instruction part and the
20		practice driving part or either one without having to request
21		a modification or waiver of administrative rules of the State
22		Board of Education if the school district approves the action
23		during a public hearing on whether to enter into a contract
24		with a commercial driver training school. The public hearing
25		shall be held at a regular or special school board meeting
26		prior to entering into such a contract. If a school district

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1		chooses to approve a contract with a commercial driver
2		training school, then the district must provide evidence to
3		the State Board of Education that the commercial driver
4		training school with which it will contract holds a license
5		issued by the Secretary of State under Article IV of Chapter 6
6		of the Illinois Vehicle Code and that each instructor employed
7		by the commercial driver training school to provide
8		instruction to students served by the school district holds a
9		valid teaching license issued under the requirements of this
10		Code and rules of the State Board of Education. Such evidence
11		must include, but need not be limited to, a list of each
12		instructor assigned to teach students served by the school
13		district, which list shall include the instructor's name,
14		personal identification number as required by the State Board
15		of Education, birth date, and driver's license number. Once
16		the contract is entered into, the school district shall notify
17		the State Board of Education of any changes in the personnel
18		providing instruction either (i) within 15 calendar days after
19		an instructor leaves the program or (ii) before a new
20		instructor is hired. Such notification shall include the
21		instructor's name, personal identification number as required
22		by the State Board of Education, birth date, and driver's
23		license number. If the school district maintains an Internet
24		website, then the district shall post a copy of the final
25		contract between the district and the commercial driver
26		training school on the district's Internet website. If no

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1		Internet website exists, then the school district shall make
2		available the contract upon request. A record of all materials
3		in relation to the contract must be maintained by the school
4		district and made available to parents and guardians upon
5		request. The instructor's date of birth and driver's license
6		number and any other personally identifying information as
7		deemed by the federal Driver's Privacy Protection Act of 1994
8		must be redacted from any public materials.
9		Such a course may be commenced immediately after the
10		completion of a prior course. Teachers of such courses shall
11		meet the licensure requirements of this Code and regulations
12		of the State Board as to qualifications. Except for a contract
13		with a Certified Driver Rehabilitation Specialist, a school
14		district that contracts with a third party to teach a driver
15		education course under this Section must ensure the teacher
16		meets the educator licensure and endorsement requirements
17		under Article 21B and must follow the same evaluation and
18		observation requirements that apply to non-tenured teachers
19		under Article 24A. The teacher evaluation must be conducted by
20		a school administrator employed by the school district and
21		must be submitted annually to the district superintendent and
22		all school board members for oversight purposes.
23		Subject to rules of the State Board of Education, the
24		school district may charge a reasonable fee, not to exceed
25		$50, to students who participate in the course, unless a
26		student is unable to pay for such a course, in which event the

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1		fee for such a student must be waived. However, the district
2		may increase this fee to an amount not to exceed $250 by school
3		board resolution following a public hearing on the increase,
4		which increased fee must be waived for students who
5		participate in the course and are unable to pay for the course.
6		The total amount from driver education fees and reimbursement
7		from the State for driver education must not exceed the total
8		cost of the driver education program in any year and must be
9		deposited into the school district's driver education fund as
10		a separate line item budget entry. All moneys deposited into
11		the school district's driver education fund must be used
12		solely for the funding of a high school driver education
13		program approved by the State Board of Education that uses
14		driver education instructors endorsed by the State Board of
15		Education.
16		(Source: P.A. 100-465, eff. 8-31-17; 101-183, eff. 8-2-19;
17		101-450, eff. 8-23-19; revised 9-19-19.)
18		(105 ILCS 5/27A-5)
19		Sec. 27A-5. Charter school; legal entity; requirements.
20		(a) A charter school shall be a public, nonsectarian,
21		nonreligious, non-home based, and non-profit school. A charter
22		school shall be organized and operated as a nonprofit
23		corporation or other discrete, legal, nonprofit entity
24		authorized under the laws of the State of Illinois.
25		(b) A charter school may be established under this Article

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1		by creating a new school or by converting an existing public
2		school or attendance center to charter school status.
3		Beginning on April 16, 2003 (the effective date of Public Act
4		93-3), in all new applications to establish a charter school
5		in a city having a population exceeding 500,000, operation of
6		the charter school shall be limited to one campus. The changes
7		made to this Section by Public Act 93-3 do not apply to charter
8		schools existing or approved on or before April 16, 2003 (the
9		effective date of Public Act 93-3).
10		(b-5) In this subsection (b-5), "virtual-schooling" means
11		a cyber school where students engage in online curriculum and
12		instruction via the Internet and electronic communication with
13		their teachers at remote locations and with students
14		participating at different times.
15		From April 1, 2013 through December 31, 2016, there is a
16		moratorium on the establishment of charter schools with
17		virtual-schooling components in school districts other than a
18		school district organized under Article 34 of this Code. This
19		moratorium does not apply to a charter school with
20		virtual-schooling components existing or approved prior to
21		April 1, 2013 or to the renewal of the charter of a charter
22		school with virtual-schooling components already approved
23		prior to April 1, 2013.
24		(c) A charter school shall be administered and governed by
25		its board of directors or other governing body in the manner
26		provided in its charter. The governing body of a charter

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1		school shall be subject to the Freedom of Information Act and
2		the Open Meetings Act. No later than January 1, 2021 (one year
3		after the effective date of Public Act 101-291) this
4		amendatory Act of the 101st General Assembly, a charter
5		school's board of directors or other governing body must
6		include at least one parent or guardian of a pupil currently
7		enrolled in the charter school who may be selected through the
8		charter school or a charter network election, appointment by
9		the charter school's board of directors or other governing
10		body, or by the charter school's Parent Teacher Organization
11		or its equivalent.
12		(c-5) No later than January 1, 2021 (one year after the
13		effective date of Public Act 101-291) this amendatory Act of
14		the 101st General Assembly or within the first year of his or
15		her first term, every voting member of a charter school's
16		board of directors or other governing body shall complete a
17		minimum of 4 hours of professional development leadership
18		training to ensure that each member has sufficient familiarity
19		with the board's or governing body's role and
20		responsibilities, including financial oversight and
21		accountability of the school, evaluating the principal's and
22		school's performance, adherence to the Freedom of Information
23		Act and the Open Meetings Act Acts, and compliance with
24		education and labor law. In each subsequent year of his or her
25		term, a voting member of a charter school's board of directors
26		or other governing body shall complete a minimum of 2 hours of

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1		professional development training in these same areas. The
2		training under this subsection may be provided or certified by
3		a statewide charter school membership association or may be
4		provided or certified by other qualified providers approved by
5		the State Board of Education.
6		(d) For purposes of this subsection (d), "non-curricular
7		health and safety requirement" means any health and safety
8		requirement created by statute or rule to provide, maintain,
9		preserve, or safeguard safe or healthful conditions for
10		students and school personnel or to eliminate, reduce, or
11		prevent threats to the health and safety of students and
12		school personnel. "Non-curricular health and safety
13		requirement" does not include any course of study or
14		specialized instructional requirement for which the State
15		Board has established goals and learning standards or which is
16		designed primarily to impart knowledge and skills for students
17		to master and apply as an outcome of their education.
18		A charter school shall comply with all non-curricular
19		health and safety requirements applicable to public schools
20		under the laws of the State of Illinois. On or before September
21		1, 2015, the State Board shall promulgate and post on its
22		Internet website a list of non-curricular health and safety
23		requirements that a charter school must meet. The list shall
24		be updated annually no later than September 1. Any charter
25		contract between a charter school and its authorizer must
26		contain a provision that requires the charter school to follow

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1		the list of all non-curricular health and safety requirements
2		promulgated by the State Board and any non-curricular health
3		and safety requirements added by the State Board to such list
4		during the term of the charter. Nothing in this subsection (d)
5		precludes an authorizer from including non-curricular health
6		and safety requirements in a charter school contract that are
7		not contained in the list promulgated by the State Board,
8		including non-curricular health and safety requirements of the
9		authorizing local school board.
10		(e) Except as otherwise provided in the School Code, a
11		charter school shall not charge tuition; provided that a
12		charter school may charge reasonable fees for textbooks,
13		instructional materials, and student activities.
14		(f) A charter school shall be responsible for the
15		management and operation of its fiscal affairs including, but
16		not limited to, the preparation of its budget. An audit of each
17		charter school's finances shall be conducted annually by an
18		outside, independent contractor retained by the charter
19		school. To ensure financial accountability for the use of
20		public funds, on or before December 1 of every year of
21		operation, each charter school shall submit to its authorizer
22		and the State Board a copy of its audit and a copy of the Form
23		990 the charter school filed that year with the federal
24		Internal Revenue Service. In addition, if deemed necessary for
25		proper financial oversight of the charter school, an
26		authorizer may require quarterly financial statements from

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1		each charter school.
2		(g) A charter school shall comply with all provisions of
3		this Article, the Illinois Educational Labor Relations Act,
4		all federal and State laws and rules applicable to public
5		schools that pertain to special education and the instruction
6		of English learners, and its charter. A charter school is
7		exempt from all other State laws and regulations in this Code
8		governing public schools and local school board policies;
9		however, a charter school is not exempt from the following:
10		(1) Sections 10-21.9 and 34-18.5 of this Code
11		regarding criminal history records checks and checks of
12		the Statewide Sex Offender Database and Statewide Murderer
13		and Violent Offender Against Youth Database of applicants
14		for employment;
15		(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
16		34-84a of this Code regarding discipline of students;
17		(3) the Local Governmental and Governmental Employees
18		Tort Immunity Act;
19		(4) Section 108.75 of the General Not For Profit
20		Corporation Act of 1986 regarding indemnification of
21		officers, directors, employees, and agents;
22		(5) the Abused and Neglected Child Reporting Act;
23		(5.5) subsection (b) of Section 10-23.12 and
24		subsection (b) of Section 34-18.6 of this Code;
25		(6) the Illinois School Student Records Act;
26		(7) Section 10-17a of this Code regarding school

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1		report cards;
2		(8) the P-20 Longitudinal Education Data System Act;
3		(9) Section 27-23.7 of this Code regarding bullying
4		prevention;
5		(10) Section 2-3.162 of this Code regarding student
6		discipline reporting;
7		(11) Sections 22-80 and 27-8.1 of this Code;
8		(12) Sections 10-20.60 and 34-18.53 of this Code;
9		(13) Sections 10-20.63 and 34-18.56 of this Code;
10		(14) Section 26-18 of this Code;
11		(15) Section 22-30 of this Code; and
12		(16) Sections 24-12 and 34-85 of this Code; and .
13		(17) the (16) The Seizure Smart School Act.
14		The change made by Public Act 96-104 to this subsection
15		(g) is declaratory of existing law.
16		(h) A charter school may negotiate and contract with a
17		school district, the governing body of a State college or
18		university or public community college, or any other public or
19		for-profit or nonprofit private entity for: (i) the use of a
20		school building and grounds or any other real property or
21		facilities that the charter school desires to use or convert
22		for use as a charter school site, (ii) the operation and
23		maintenance thereof, and (iii) the provision of any service,
24		activity, or undertaking that the charter school is required
25		to perform in order to carry out the terms of its charter.
26		However, a charter school that is established on or after

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1		April 16, 2003 (the effective date of Public Act 93-3) and that
2		operates in a city having a population exceeding 500,000 may
3		not contract with a for-profit entity to manage or operate the
4		school during the period that commences on April 16, 2003 (the
5		effective date of Public Act 93-3) and concludes at the end of
6		the 2004-2005 school year. Except as provided in subsection
7		(i) of this Section, a school district may charge a charter
8		school reasonable rent for the use of the district's
9		buildings, grounds, and facilities. Any services for which a
10		charter school contracts with a school district shall be
11		provided by the district at cost. Any services for which a
12		charter school contracts with a local school board or with the
13		governing body of a State college or university or public
14		community college shall be provided by the public entity at
15		cost.
16		(i) In no event shall a charter school that is established
17		by converting an existing school or attendance center to
18		charter school status be required to pay rent for space that is
19		deemed available, as negotiated and provided in the charter
20		agreement, in school district facilities. However, all other
21		costs for the operation and maintenance of school district
22		facilities that are used by the charter school shall be
23		subject to negotiation between the charter school and the
24		local school board and shall be set forth in the charter.
25		(j) A charter school may limit student enrollment by age
26		or grade level.

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1		(k) If the charter school is approved by the State Board or
2		Commission, then the charter school is its own local education
3		agency.
4		(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
5		100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
6		6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
7		eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
8		101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
9		(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
10		Sec. 34-18. Powers of the board. The board shall exercise
11		general supervision and jurisdiction over the public education
12		and the public school system of the city, and, except as
13		otherwise provided by this Article, shall have power:
14		1. To make suitable provision for the establishment
15		and maintenance throughout the year or for such portion
16		thereof as it may direct, not less than 9 months and in
17		compliance with Section 10-19.05, of schools of all grades
18		and kinds, including normal schools, high schools, night
19		schools, schools for defectives and delinquents, parental
20		and truant schools, schools for the blind, the deaf, and
21		persons with physical disabilities, schools or classes in
22		manual training, constructural and vocational teaching,
23		domestic arts, and physical culture, vocation and
24		extension schools and lecture courses, and all other
25		educational courses and facilities, including

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1		establishing, equipping, maintaining and operating
2		playgrounds and recreational programs, when such programs
3		are conducted in, adjacent to, or connected with any
4		public school under the general supervision and
5		jurisdiction of the board; provided that the calendar for
6		the school term and any changes must be submitted to and
7		approved by the State Board of Education before the
8		calendar or changes may take effect, and provided that in
9		allocating funds from year to year for the operation of
10		all attendance centers within the district, the board
11		shall ensure that supplemental general State aid or
12		supplemental grant funds are allocated and applied in
13		accordance with Section 18-8, 18-8.05, or 18-8.15. To
14		admit to such schools without charge foreign exchange
15		students who are participants in an organized exchange
16		student program which is authorized by the board. The
17		board shall permit all students to enroll in
18		apprenticeship programs in trade schools operated by the
19		board, whether those programs are union-sponsored or not.
20		No student shall be refused admission into or be excluded
21		from any course of instruction offered in the common
22		schools by reason of that student's sex. No student shall
23		be denied equal access to physical education and
24		interscholastic athletic programs supported from school
25		district funds or denied participation in comparable
26		physical education and athletic programs solely by reason

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1		of the student's sex. Equal access to programs supported
2		from school district funds and comparable programs will be
3		defined in rules promulgated by the State Board of
4		Education in consultation with the Illinois High School
5		Association. Notwithstanding any other provision of this
6		Article, neither the board of education nor any local
7		school council or other school official shall recommend
8		that children with disabilities be placed into regular
9		education classrooms unless those children with
10		disabilities are provided with supplementary services to
11		assist them so that they benefit from the regular
12		classroom instruction and are included on the teacher's
13		regular education class register;
14		2. To furnish lunches to pupils, to make a reasonable
15		charge therefor, and to use school funds for the payment
16		of such expenses as the board may determine are necessary
17		in conducting the school lunch program;
18		3. To co-operate with the circuit court;
19		4. To make arrangements with the public or
20		quasi-public libraries and museums for the use of their
21		facilities by teachers and pupils of the public schools;
22		5. To employ dentists and prescribe their duties for
23		the purpose of treating the pupils in the schools, but
24		accepting such treatment shall be optional with parents or
25		guardians;
26		6. To grant the use of assembly halls and classrooms

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1		when not otherwise needed, including light, heat, and
2		attendants, for free public lectures, concerts, and other
3		educational and social interests, free of charge, under
4		such provisions and control as the principal of the
5		affected attendance center may prescribe;
6		7. To apportion the pupils to the several schools;
7		provided that no pupil shall be excluded from or
8		segregated in any such school on account of his color,
9		race, sex, or nationality. The board shall take into
10		consideration the prevention of segregation and the
11		elimination of separation of children in public schools
12		because of color, race, sex, or nationality. Except that
13		children may be committed to or attend parental and social
14		adjustment schools established and maintained either for
15		boys or girls only. All records pertaining to the
16		creation, alteration or revision of attendance areas shall
17		be open to the public. Nothing herein shall limit the
18		board's authority to establish multi-area attendance
19		centers or other student assignment systems for
20		desegregation purposes or otherwise, and to apportion the
21		pupils to the several schools. Furthermore, beginning in
22		school year 1994-95, pursuant to a board plan adopted by
23		October 1, 1993, the board shall offer, commencing on a
24		phased-in basis, the opportunity for families within the
25		school district to apply for enrollment of their children
26		in any attendance center within the school district which

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1		does not have selective admission requirements approved by
2		the board. The appropriate geographical area in which such
3		open enrollment may be exercised shall be determined by
4		the board of education. Such children may be admitted to
5		any such attendance center on a space available basis
6		after all children residing within such attendance
7		center's area have been accommodated. If the number of
8		applicants from outside the attendance area exceed the
9		space available, then successful applicants shall be
10		selected by lottery. The board of education's open
11		enrollment plan must include provisions that allow
12		low-income low income students to have access to
13		transportation needed to exercise school choice. Open
14		enrollment shall be in compliance with the provisions of
15		the Consent Decree and Desegregation Plan cited in Section
16		34-1.01;
17		8. To approve programs and policies for providing
18		transportation services to students. Nothing herein shall
19		be construed to permit or empower the State Board of
20		Education to order, mandate, or require busing or other
21		transportation of pupils for the purpose of achieving
22		racial balance in any school;
23		9. Subject to the limitations in this Article, to
24		establish and approve system-wide curriculum objectives
25		and standards, including graduation standards, which
26		reflect the multi-cultural diversity in the city and are

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1		consistent with State law, provided that for all purposes
2		of this Article courses or proficiency in American Sign
3		Language shall be deemed to constitute courses or
4		proficiency in a foreign language; and to employ
5		principals and teachers, appointed as provided in this
6		Article, and fix their compensation. The board shall
7		prepare such reports related to minimal competency testing
8		as may be requested by the State Board of Education, and,
9		in addition, shall monitor and approve special education
10		and bilingual education programs and policies within the
11		district to ensure assure that appropriate services are
12		provided in accordance with applicable State and federal
13		laws to children requiring services and education in those
14		areas;
15		10. To employ non-teaching personnel or utilize
16		volunteer personnel for: (i) non-teaching duties not
17		requiring instructional judgment or evaluation of pupils,
18		including library duties; and (ii) supervising study
19		halls, long distance teaching reception areas used
20		incident to instructional programs transmitted by
21		electronic media such as computers, video, and audio,
22		detention and discipline areas, and school-sponsored
23		extracurricular activities. The board may further utilize
24		volunteer non-certificated personnel or employ
25		non-certificated personnel to assist in the instruction of
26		pupils under the immediate supervision of a teacher

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1		holding a valid certificate, directly engaged in teaching
2		subject matter or conducting activities; provided that the
3		teacher shall be continuously aware of the
4		non-certificated persons' activities and shall be able to
5		control or modify them. The general superintendent shall
6		determine qualifications of such personnel and shall
7		prescribe rules for determining the duties and activities
8		to be assigned to such personnel;
9		10.5. To utilize volunteer personnel from a regional
10		School Crisis Assistance Team (S.C.A.T.), created as part
11		of the Safe to Learn Program established pursuant to
12		Section 25 of the Illinois Violence Prevention Act of
13		1995, to provide assistance to schools in times of
14		violence or other traumatic incidents within a school
15		community by providing crisis intervention services to
16		lessen the effects of emotional trauma on individuals and
17		the community; the School Crisis Assistance Team Steering
18		Committee shall determine the qualifications for
19		volunteers;
20		11. To provide television studio facilities in not to
21		exceed one school building and to provide programs for
22		educational purposes, provided, however, that the board
23		shall not construct, acquire, operate, or maintain a
24		television transmitter; to grant the use of its studio
25		facilities to a licensed television station located in the
26		school district; and to maintain and operate not to exceed

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1		one school radio transmitting station and provide programs
2		for educational purposes;
3		12. To offer, if deemed appropriate, outdoor education
4		courses, including field trips within the State of
5		Illinois, or adjacent states, and to use school
6		educational funds for the expense of the said outdoor
7		educational programs, whether within the school district
8		or not;
9		13. During that period of the calendar year not
10		embraced within the regular school term, to provide and
11		conduct courses in subject matters normally embraced in
12		the program of the schools during the regular school term
13		and to give regular school credit for satisfactory
14		completion by the student of such courses as may be
15		approved for credit by the State Board of Education;
16		14. To insure against any loss or liability of the
17		board, the former School Board Nominating Commission,
18		Local School Councils, the Chicago Schools Academic
19		Accountability Council, or the former Subdistrict Councils
20		or of any member, officer, agent, or employee thereof,
21		resulting from alleged violations of civil rights arising
22		from incidents occurring on or after September 5, 1967 or
23		from the wrongful or negligent act or omission of any such
24		person whether occurring within or without the school
25		premises, provided the officer, agent, or employee was, at
26		the time of the alleged violation of civil rights or

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1		wrongful act or omission, acting within the scope of his
2		or her employment or under direction of the board, the
3		former School Board Nominating Commission, the Chicago
4		Schools Academic Accountability Council, Local School
5		Councils, or the former Subdistrict Councils; and to
6		provide for or participate in insurance plans for its
7		officers and employees, including, but not limited to,
8		retirement annuities, medical, surgical and
9		hospitalization benefits in such types and amounts as may
10		be determined by the board; provided, however, that the
11		board shall contract for such insurance only with an
12		insurance company authorized to do business in this State.
13		Such insurance may include provision for employees who
14		rely on treatment by prayer or spiritual means alone for
15		healing, in accordance with the tenets and practice of a
16		recognized religious denomination;
17		15. To contract with the corporate authorities of any
18		municipality or the county board of any county, as the
19		case may be, to provide for the regulation of traffic in
20		parking areas of property used for school purposes, in
21		such manner as is provided by Section 11-209 of the The
22		Illinois Vehicle Code, approved September 29, 1969, as
23		amended;
24		16. (a) To provide, on an equal basis, access to a high
25		school campus and student directory information to the
26		official recruiting representatives of the armed forces of

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1		Illinois and the United States for the purposes of
2		informing students of the educational and career
3		opportunities available in the military if the board has
4		provided such access to persons or groups whose purpose is
5		to acquaint students with educational or occupational
6		opportunities available to them. The board is not required
7		to give greater notice regarding the right of access to
8		recruiting representatives than is given to other persons
9		and groups. In this paragraph 16, "directory information"
10		means a high school student's name, address, and telephone
11		number.
12		(b) If a student or his or her parent or guardian
13		submits a signed, written request to the high school
14		before the end of the student's sophomore year (or if the
15		student is a transfer student, by another time set by the
16		high school) that indicates that the student or his or her
17		parent or guardian does not want the student's directory
18		information to be provided to official recruiting
19		representatives under subsection (a) of this Section, the
20		high school may not provide access to the student's
21		directory information to these recruiting representatives.
22		The high school shall notify its students and their
23		parents or guardians of the provisions of this subsection
24		(b).
25		(c) A high school may require official recruiting
26		representatives of the armed forces of Illinois and the

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1		United States to pay a fee for copying and mailing a
2		student's directory information in an amount that is not
3		more than the actual costs incurred by the high school.
4		(d) Information received by an official recruiting
5		representative under this Section may be used only to
6		provide information to students concerning educational and
7		career opportunities available in the military and may not
8		be released to a person who is not involved in recruiting
9		students for the armed forces of Illinois or the United
10		States;
11		17. (a) To sell or market any computer program
12		developed by an employee of the school district, provided
13		that such employee developed the computer program as a
14		direct result of his or her duties with the school
15		district or through the utilization of the school district
16		resources or facilities. The employee who developed the
17		computer program shall be entitled to share in the
18		proceeds of such sale or marketing of the computer
19		program. The distribution of such proceeds between the
20		employee and the school district shall be as agreed upon
21		by the employee and the school district, except that
22		neither the employee nor the school district may receive
23		more than 90% of such proceeds. The negotiation for an
24		employee who is represented by an exclusive bargaining
25		representative may be conducted by such bargaining
26		representative at the employee's request.

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1		(b) For the purpose of this paragraph 17:
2		(1) "Computer" means an internally programmed,
3		general purpose digital device capable of
4		automatically accepting data, processing data and
5		supplying the results of the operation.
6		(2) "Computer program" means a series of coded
7		instructions or statements in a form acceptable to a
8		computer, which causes the computer to process data in
9		order to achieve a certain result.
10		(3) "Proceeds" means profits derived from the
11		marketing or sale of a product after deducting the
12		expenses of developing and marketing such product;
13		18. To delegate to the general superintendent of
14		schools, by resolution, the authority to approve contracts
15		and expenditures in amounts of $10,000 or less;
16		19. Upon the written request of an employee, to
17		withhold from the compensation of that employee any dues,
18		payments, or contributions payable by such employee to any
19		labor organization as defined in the Illinois Educational
20		Labor Relations Act. Under such arrangement, an amount
21		shall be withheld from each regular payroll period which
22		is equal to the pro rata share of the annual dues plus any
23		payments or contributions, and the board shall transmit
24		such withholdings to the specified labor organization
25		within 10 working days from the time of the withholding;
26		19a. Upon receipt of notice from the comptroller of a

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1		municipality with a population of 500,000 or more, a
2		county with a population of 3,000,000 or more, the Cook
3		County Forest Preserve District, the Chicago Park
4		District, the Metropolitan Water Reclamation District, the
5		Chicago Transit Authority, or a housing authority of a
6		municipality with a population of 500,000 or more that a
7		debt is due and owing the municipality, the county, the
8		Cook County Forest Preserve District, the Chicago Park
9		District, the Metropolitan Water Reclamation District, the
10		Chicago Transit Authority, or the housing authority by an
11		employee of the Chicago Board of Education, to withhold,
12		from the compensation of that employee, the amount of the
13		debt that is due and owing and pay the amount withheld to
14		the municipality, the county, the Cook County Forest
15		Preserve District, the Chicago Park District, the
16		Metropolitan Water Reclamation District, the Chicago
17		Transit Authority, or the housing authority; provided,
18		however, that the amount deducted from any one salary or
19		wage payment shall not exceed 25% of the net amount of the
20		payment. Before the Board deducts any amount from any
21		salary or wage of an employee under this paragraph, the
22		municipality, the county, the Cook County Forest Preserve
23		District, the Chicago Park District, the Metropolitan
24		Water Reclamation District, the Chicago Transit Authority,
25		or the housing authority shall certify that (i) the
26		employee has been afforded an opportunity for a hearing to

SB2435 Enrolled - 996 - LRB102 04062 AMC 14078 b
1		dispute the debt that is due and owing the municipality,
2		the county, the Cook County Forest Preserve District, the
3		Chicago Park District, the Metropolitan Water Reclamation
4		District, the Chicago Transit Authority, or the housing
5		authority and (ii) the employee has received notice of a
6		wage deduction order and has been afforded an opportunity
7		for a hearing to object to the order. For purposes of this
8		paragraph, "net amount" means that part of the salary or
9		wage payment remaining after the deduction of any amounts
10		required by law to be deducted and "debt due and owing"
11		means (i) a specified sum of money owed to the
12		municipality, the county, the Cook County Forest Preserve
13		District, the Chicago Park District, the Metropolitan
14		Water Reclamation District, the Chicago Transit Authority,
15		or the housing authority for services, work, or goods,
16		after the period granted for payment has expired, or (ii)
17		a specified sum of money owed to the municipality, the
18		county, the Cook County Forest Preserve District, the
19		Chicago Park District, the Metropolitan Water Reclamation
20		District, the Chicago Transit Authority, or the housing
21		authority pursuant to a court order or order of an
22		administrative hearing officer after the exhaustion of, or
23		the failure to exhaust, judicial review;
24		20. The board is encouraged to employ a sufficient
25		number of certified school counselors to maintain a
26		student/counselor ratio of 250 to 1 by July 1, 1990. Each

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1		counselor shall spend at least 75% of his work time in
2		direct contact with students and shall maintain a record
3		of such time;
4		21. To make available to students vocational and
5		career counseling and to establish 5 special career
6		counseling days for students and parents. On these days
7		representatives of local businesses and industries shall
8		be invited to the school campus and shall inform students
9		of career opportunities available to them in the various
10		businesses and industries. Special consideration shall be
11		given to counseling minority students as to career
12		opportunities available to them in various fields. For the
13		purposes of this paragraph, minority student means a
14		person who is any of the following:
15		(a) American Indian or Alaska Native (a person having
16		origins in any of the original peoples of North and South
17		America, including Central America, and who maintains
18		tribal affiliation or community attachment).
19		(b) Asian (a person having origins in any of the
20		original peoples of the Far East, Southeast Asia, or the
21		Indian subcontinent, including, but not limited to,
22		Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
23		the Philippine Islands, Thailand, and Vietnam).
24		(c) Black or African American (a person having origins
25		in any of the black racial groups of Africa). Terms such as
26		"Haitian" or "Negro" can be used in addition to "Black or

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1		African American".
2		(d) Hispanic or Latino (a person of Cuban, Mexican,
3		Puerto Rican, South or Central American, or other Spanish
4		culture or origin, regardless of race).
5		(e) Native Hawaiian or Other Pacific Islander (a
6		person having origins in any of the original peoples of
7		Hawaii, Guam, Samoa, or other Pacific Islands).
8		Counseling days shall not be in lieu of regular school
9		days;
10		22. To report to the State Board of Education the
11		annual student dropout rate and number of students who
12		graduate from, transfer from, or otherwise leave bilingual
13		programs;
14		23. Except as otherwise provided in the Abused and
15		Neglected Child Reporting Act or other applicable State or
16		federal law, to permit school officials to withhold, from
17		any person, information on the whereabouts of any child
18		removed from school premises when the child has been taken
19		into protective custody as a victim of suspected child
20		abuse. School officials shall direct such person to the
21		Department of Children and Family Services, or to the
22		local law enforcement agency, if appropriate;
23		24. To develop a policy, based on the current state of
24		existing school facilities, projected enrollment, and
25		efficient utilization of available resources, for capital
26		improvement of schools and school buildings within the

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1		district, addressing in that policy both the relative
2		priority for major repairs, renovations, and additions to
3		school facilities, and the advisability or necessity of
4		building new school facilities or closing existing schools
5		to meet current or projected demographic patterns within
6		the district;
7		25. To make available to the students in every high
8		school attendance center the ability to take all courses
9		necessary to comply with the Board of Higher Education's
10		college entrance criteria effective in 1993;
11		26. To encourage mid-career changes into the teaching
12		profession, whereby qualified professionals become
13		certified teachers, by allowing credit for professional
14		employment in related fields when determining point of
15		entry on the teacher pay scale;
16		27. To provide or contract out training programs for
17		administrative personnel and principals with revised or
18		expanded duties pursuant to this Code Act in order to
19		ensure assure they have the knowledge and skills to
20		perform their duties;
21		28. To establish a fund for the prioritized special
22		needs programs, and to allocate such funds and other lump
23		sum amounts to each attendance center in a manner
24		consistent with the provisions of part 4 of Section
25		34-2.3. Nothing in this paragraph shall be construed to
26		require any additional appropriations of State funds for

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1		this purpose;
2		29. (Blank);
3		30. Notwithstanding any other provision of this Act or
4		any other law to the contrary, to contract with third
5		parties for services otherwise performed by employees,
6		including those in a bargaining unit, and to layoff those
7		employees upon 14 days written notice to the affected
8		employees. Those contracts may be for a period not to
9		exceed 5 years and may be awarded on a system-wide basis.
10		The board may not operate more than 30 contract schools,
11		provided that the board may operate an additional 5
12		contract turnaround schools pursuant to item (5.5) of
13		subsection (d) of Section 34-8.3 of this Code, and the
14		governing bodies of contract schools are subject to the
15		Freedom of Information Act and Open Meetings Act;
16		31. To promulgate rules establishing procedures
17		governing the layoff or reduction in force of employees
18		and the recall of such employees, including, but not
19		limited to, criteria for such layoffs, reductions in force
20		or recall rights of such employees and the weight to be
21		given to any particular criterion. Such criteria shall
22		take into account factors, including, but not be limited
23		to, qualifications, certifications, experience,
24		performance ratings or evaluations, and any other factors
25		relating to an employee's job performance;
26		32. To develop a policy to prevent nepotism in the

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1		hiring of personnel or the selection of contractors;
2		33. (Blank); and
3		34. To establish a Labor Management Council to the
4		board comprised of representatives of the board, the chief
5		executive officer, and those labor organizations that are
6		the exclusive representatives of employees of the board
7		and to promulgate policies and procedures for the
8		operation of the Council.
9		The specifications of the powers herein granted are not to
10		be construed as exclusive, but the board shall also exercise
11		all other powers that they may be requisite or proper for the
12		maintenance and the development of a public school system, not
13		inconsistent with the other provisions of this Article or
14		provisions of this Code which apply to all school districts.
15		In addition to the powers herein granted and authorized to
16		be exercised by the board, it shall be the duty of the board to
17		review or to direct independent reviews of special education
18		expenditures and services. The board shall file a report of
19		such review with the General Assembly on or before May 1, 1990.
20		(Source: P.A. 100-465, eff. 8-31-17; 100-1046, eff. 8-23-18;
21		101-12, eff. 7-1-19; 101-88, eff. 1-1-20; revised 8-19-19.)
22		(105 ILCS 5/34-18.11) (from Ch. 122, par. 34-18.11)
23		Sec. 34-18.11. Tobacco prohibition. The Board of Education
24		shall prohibit the use of tobacco on school property when such
25		property is being used for any school purposes. Neither the

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1		board nor the local school council may authorize or permit any
2		exception to or exemption from the prohibition at any place or
3		at any time, including without limitation outside of school
4		buildings or before or after the regular school day or on days
5		when school is not in session. "School purposes" include but
6		are not limited to all events or activities or other use of
7		school property that the school board or school officials
8		authorize or permit on school property, including without
9		limitation all interscholastic or extracurricular athletic,
10		academic or other events sponsored by the school board or in
11		which pupils of the district participate. For purposes of this
12		Section "tobacco" shall mean a cigarette, a cigar, or tobacco
13		in any other form, including smokeless tobacco which is any
14		loose, cut, shredded, ground, powdered, compressed or leaf
15		tobacco that is intended to be placed in the mouth without
16		being smoked.
17		(Source: P.A. 89-181, eff. 7-19-95; revised 8-21-20.)
18		(105 ILCS 5/34-18.61)
19		Sec. 34-18.61. Self-administration of Self-administrating
20		medication.
21		(a) In this Section, "asthma action plan" has the meaning
22		given to that term under Section 22-30.
23		(b) Notwithstanding any other provision of law, the school
24		district must allow any student with an asthma action plan, an
25		Individual Health Care Action Plan, an Illinois Food Allergy

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1		Emergency Action Plan and Treatment Authorization Form, a plan
2		pursuant to Section 504 of the federal Rehabilitation Act of
3		1973, or a plan pursuant to the federal Individuals with
4		Disabilities Education Act to self-administer any medication
5		required under those plans if the student's parent or guardian
6		provides the school district with (i) written permission for
7		the student's self-administration of medication and (ii)
8		written authorization from the student's physician, physician
9		assistant, or advanced practice registered nurse for the
10		student to self-administer the medication. A parent or
11		guardian must also provide to the school district the
12		prescription label for the medication, which must contain the
13		name of the medication, the prescribed dosage, and the time or
14		times at which or the circumstances under which the medication
15		is to be administered. Information received by the school
16		district under this subsection shall be kept on file in the
17		office of the school nurse or, in the absence of a school
18		nurse, the school's administrator.
19		(c) The school district must adopt an emergency action
20		plan for a student who self-administers medication under
21		subsection (b). The plan must include both of the following:
22		(1) A plan of action in the event a student is unable
23		to self-administer medication.
24		(2) The situations in which a school must call 9-1-1.
25		(d) The school district and its employees and agents shall
26		incur no liability, except for willful and wanton conduct, as

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1		a result of any injury arising from the self-administration of
2		medication by a student under subsection (b). The student's
3		parent or guardian must sign a statement to this effect, which
4		must acknowledge that the parent or guardian must indemnify
5		and hold harmless the school district and its employees and
6		agents against any claims, except a claim based on willful and
7		wanton conduct, arising out of the self-administration of
8		medication by a student.
9		(Source: P.A. 101-205, eff. 1-1-20; revised 10-21-19.)
10		(105 ILCS 5/34-18.62)
11		Sec. 34-18.62 34-18.61. Policy on sexual harassment. The
12		school district must create, maintain, and implement an
13		age-appropriate policy on sexual harassment that must be
14		posted on the school district's website and, if applicable,
15		any other area where policies, rules, and standards of conduct
16		are currently posted in each school and must also be included
17		in the school district's student code of conduct handbook.
18		(Source: P.A. 101-418, eff. 1-1-20; revised 10-21-19.)
19		(105 ILCS 5/34-18.63)
20		Sec. 34-18.63 34-18.61. Class size reporting. No later
21		than November 16, 2020, and annually thereafter, the school
22		district must report to the State Board of Education
23		information on the school district described under subsection
24		(b) of Section 2-3.136a and must make that information

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1		available on its website.
2		(Source: P.A. 101-451, eff. 1-1-20; revised 10-21-19.)
3		(105 ILCS 5/34-18.64)
4		Sec. 34-18.64 34-18.61. Sexual abuse investigations at
5		schools. Every 2 years, the school district must review all
6		existing policies and procedures concerning sexual abuse
7		investigations at schools to ensure consistency with Section
8		22-85.
9		(Source: P.A. 101-531, eff. 8-23-19; revised 10-21-19.)
10		(105 ILCS 5/34-18.65)
11		Sec. 34-18.65 34-18.61. Door security locking means.
12		(a) In this Section, "door security locking means" means a
13		door locking means intended for use by a trained school
14		district employee in a school building for the purpose of
15		preventing ingress through a door of the building.
16		(b) The school district may install a door security
17		locking means on a door of a school building to prevent
18		unwanted entry through the door if all of the following
19		requirements are met:
20		(1) The door security locking means can be engaged
21		without opening the door.
22		(2) The unlocking and unlatching of the door security
23		locking means from the occupied side of the door can be
24		accomplished without the use of a key or tool.

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1		(3) The door security locking means complies with all
2		applicable State and federal accessibility requirements.
3		(4) Locks, if remotely engaged, can be unlocked from
4		the occupied side.
5		(5) The door security locking means is capable of
6		being disengaged from the outside by school district
7		employees, and school district employees may use a key or
8		other credentials to unlock the door from the outside.
9		(6) The door security locking means does not modify
10		the door-closing hardware, panic hardware, or fire exit
11		hardware.
12		(7) Any bolts, stops, brackets, or pins employed by
13		the door security locking means do not affect the fire
14		rating of a fire door assembly.
15		(8) School district employees are trained in the
16		engagement and release of the door security locking means,
17		from within and outside the room, as part of the emergency
18		response plan.
19		(9) For doors installed before July 1, 2019 only, the
20		unlocking and unlatching of a door security locking means
21		requires no more than 2 releasing operations. For doors
22		installed on or after July 1, 2019, the unlocking and
23		unlatching of a door security locking means requires no
24		more than one releasing operation. If doors installed
25		before July 1, 2019 are replaced on or after July 1, 2019,
26		the unlocking and unlatching of a door security locking

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1		means on the replacement door requires no more than one
2		releasing operation.
3		(10) The door security locking means is no more than
4		48 inches above the finished floor.
5		(11) The door security locking means otherwise
6		complies with the school building code prepared by the
7		State Board of Education under Section 2-3.12.
8		The school district may install a door security locking
9		means that does not comply with paragraph (3) or (10) of this
10		subsection if (i) the school district meets all other
11		requirements under this subsection and (ii) prior to its
12		installation, local law enforcement officials, the local fire
13		department, and the board agree, in writing, to the
14		installation and use of the door security locking means. The
15		school district must keep the agreement on file and must, upon
16		request, provide the agreement to the State Board of
17		Education. The agreement must be included in the school
18		district's filed school safety plan under the School Safety
19		Drill Act.
20		(c) The school district must include the location of any
21		door security locking means and must address the use of the
22		locking and unlocking means from within and outside the room
23		in its filed school safety plan under the School Safety Drill
24		Act. Local law enforcement officials and the local fire
25		department must be notified of the location of any door
26		security locking means and how to disengage it. Any specific

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1		tool needed to disengage the door security locking means from
2		the outside of the room must, upon request, be made available
3		to local law enforcement officials and the local fire
4		department.
5		(d) A door security locking means may be used only (i) by a
6		school district employee trained under subsection (e), (ii)
7		during an emergency that threatens the health and safety of
8		students and employees or during an active shooter drill, and
9		(iii) when local law enforcement officials and the local fire
10		department have been notified of its installation prior to its
11		use. The door security locking means must be engaged for a
12		finite period of time in accordance with the school district's
13		school safety plan adopted under the School Safety Drill Act.
14		(e) If the school district installs a door security
15		locking means, it must conduct an in-service training program
16		for school district employees on the proper use of the door
17		security locking means. The school district shall keep a file
18		verifying the employees who have completed the program and
19		must, upon request, provide the file to the local fire
20		department and local law enforcement agency.
21		(f) A door security locking means that requires 2
22		releasing operations must be discontinued from use when the
23		door is replaced or is a part of new construction. Replacement
24		and new construction door hardware must include mortise locks,
25		compliant with the applicable building code, and must be
26		lockable from the occupied side without opening the door.

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1		However, mortise locks are not required if panic hardware or
2		fire exit hardware is required.
3		(Source: P.A. 101-548, eff. 8-23-19; revised 10-21-19.)
4		Section 355. The Illinois School Student Records Act is
5		amended by changing Section 2 as follows:
6		(105 ILCS 10/2) (from Ch. 122, par. 50-2)
7		Sec. 2. As used in this Act: ,
8		(a) "Student" means any person enrolled or previously
9		enrolled in a school.
10		(b) "School" means any public preschool, day care center,
11		kindergarten, nursery, elementary or secondary educational
12		institution, vocational school, special educational facility
13		or any other elementary or secondary educational agency or
14		institution and any person, agency or institution which
15		maintains school student records from more than one school,
16		but does not include a private or non-public school.
17		(c) "State Board" means the State Board of Education.
18		(d) "School Student Record" means any writing or other
19		recorded information concerning a student and by which a
20		student may be individually identified, maintained by a school
21		or at its direction or by an employee of a school, regardless
22		of how or where the information is stored. The following shall
23		not be deemed school student records under this Act: writings
24		or other recorded information maintained by an employee of a

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1		school or other person at the direction of a school for his or
2		her exclusive use; provided that all such writings and other
3		recorded information are destroyed not later than the
4		student's graduation or permanent withdrawal from the school;
5		and provided further that no such records or recorded
6		information may be released or disclosed to any person except
7		a person designated by the school as a substitute unless they
8		are first incorporated in a school student record and made
9		subject to all of the provisions of this Act. School student
10		records shall not include information maintained by law
11		enforcement professionals working in the school.
12		(e) "Student Permanent Record" means the minimum personal
13		information necessary to a school in the education of the
14		student and contained in a school student record. Such
15		information may include the student's name, birth date,
16		address, grades and grade level, parents' names and addresses,
17		attendance records, and such other entries as the State Board
18		may require or authorize.
19		(f) "Student Temporary Record" means all information
20		contained in a school student record but not contained in the
21		student permanent record. Such information may include family
22		background information, intelligence test scores, aptitude
23		test scores, psychological and personality test results,
24		teacher evaluations, and other information of clear relevance
25		to the education of the student, all subject to regulations of
26		the State Board. The information shall include information

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1		provided under Section 8.6 of the Abused and Neglected Child
2		Reporting Act and information contained in service logs
3		maintained by a local education agency under subsection (d) of
4		Section 14-8.02f of the School Code. In addition, the student
5		temporary record shall include information regarding serious
6		disciplinary infractions that resulted in expulsion,
7		suspension, or the imposition of punishment or sanction. For
8		purposes of this provision, serious disciplinary infractions
9		means: infractions involving drugs, weapons, or bodily harm to
10		another.
11		(g) "Parent" means a person who is the natural parent of
12		the student or other person who has the primary responsibility
13		for the care and upbringing of the student. All rights and
14		privileges accorded to a parent under this Act shall become
15		exclusively those of the student upon his 18th birthday,
16		graduation from secondary school, marriage or entry into
17		military service, whichever occurs first. Such rights and
18		privileges may also be exercised by the student at any time
19		with respect to the student's permanent school record.
20		(Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
21		Section 360. The Education for Homeless Children Act is
22		amended by changing Section 1-10 as follows:
23		(105 ILCS 45/1-10)
24		Sec. 1-10. Choice of schools. (a) When a child loses

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1		permanent housing and becomes a homeless person within the
2		meaning of Section 1-5, or when a homeless child changes his or
3		her temporary living arrangements, the parents or guardians of
4		the homeless child shall have the option of either:
5		(1) continuing the child's education in the school of
6		origin for as long as the child remains homeless or, if the
7		child becomes permanently housed, until the end of the
8		academic year during which the housing is acquired; or
9		(2) enrolling the child in any school that nonhomeless
10		students who live in the attendance area in which the
11		child or youth is actually living are eligible to attend.
12		(Source: P.A. 100-201, eff. 8-18-17; revised 7-16-19.)
13		Section 365. The Student Online Personal Protection Act is
14		amended by changing Section 27 as follows:
15		(105 ILCS 85/27)
16		(This Section may contain text from a Public Act with a
17		delayed effective date)
18		Sec. 27. School duties.
19		(a) Each school shall post and maintain on its website or,
20		if the school does not maintain a website, make available for
21		inspection by the general public at its administrative office
22		all of the following information:
23		(1) An explanation, that is clear and understandable
24		by a layperson, of the data elements of covered

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1		information that the school collects, maintains, or
2		discloses to any person, entity, third party, or
3		governmental agency. The information must explain how the
4		school uses, to whom or what entities it discloses, and
5		for what purpose it discloses the covered information.
6		(2) A list of operators that the school has written
7		agreements with, a copy of each written agreement, and a
8		business address for each operator. A copy of a written
9		agreement posted or made available by a school under this
10		paragraph may contain redactions, as provided under
11		subparagraph (F) of paragraph (4) of Section 15.
12		(3) For each operator, a list of any subcontractors to
13		whom covered information may be disclosed or a link to a
14		page on the operator's website that clearly lists that
15		information, as provided by the operator to the school
16		under paragraph (6) of Section 15.
17		(4) A written description of the procedures that a
18		parent may use to carry out the rights enumerated under
19		Section 33.
20		(5) A list of any breaches of covered information
21		maintained by the school or breaches under Section 15 that
22		includes, but is not limited to, all of the following
23		information:
24		(A) The number of students whose covered
25		information is involved in the breach, unless
26		disclosing that number would violate the provisions of

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1		the Personal Information Protection Act.
2		(B) The date, estimated date, or estimated date
3		range of the breach.
4		(C) For a breach under Section 15, the name of the
5		operator.
6		The school may omit from the list required under this
7		paragraph (5): (i) any breach in which, to the best of the
8		school's knowledge at the time of updating the list, the
9		number of students whose covered information is involved
10		in the breach is less than 10% of the school's enrollment,
11		(ii) any breach in which, at the time of posting the list,
12		the school is not required to notify the parent of a
13		student under subsection (d), (iii) any breach in which
14		the date, estimated date, or estimated date range in which
15		it occurred is earlier than July 1, 2021, or (iv) any
16		breach previously posted on a list under this paragraph
17		(5) no more than 5 years prior to the school updating the
18		current list.
19		The school must, at a minimum, update the items under
20		paragraphs (1), (3), (4), and (5) no later than 30 calendar
21		days following the start of a fiscal year and no later than 30
22		days following the beginning of a calendar year.
23		(b) Each school must adopt a policy for designating which
24		school employees are authorized to enter into written
25		agreements with operators. This subsection may not be
26		construed to limit individual school employees outside of the

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1		scope of their employment from entering into agreements with
2		operators on their own behalf and for non-K through 12 school
3		purposes, provided that no covered information is provided to
4		the operators. Any agreement or contract entered into in
5		violation of this Act is void and unenforceable as against
6		public policy.
7		(c) A school must post on its website or, if the school
8		does not maintain a website, make available at its
9		administrative office for inspection by the general public
10		each written agreement entered into under this Act, along with
11		any information required under subsection (a), no later than
12		10 business days after entering into the agreement.
13		(d) After receipt of notice of a breach under Section 15 or
14		determination of a breach of covered information maintained by
15		the school, a school shall notify, no later than 30 calendar
16		days after receipt of the notice or determination that a
17		breach has occurred, the parent of any student whose covered
18		information is involved in the breach. The notification must
19		include, but is not limited to, all of the following:
20		(1) The date, estimated date, or estimated date range
21		of the breach.
22		(2) A description of the covered information that was
23		compromised or reasonably believed to have been
24		compromised in the breach.
25		(3) Information that the parent may use to contact the
26		operator and school to inquire about the breach.

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1		(4) The toll-free numbers, addresses, and websites for
2		consumer reporting agencies.
3		(5) The toll-free number, address, and website for the
4		Federal Trade Commission.
5		(6) A statement that the parent may obtain information
6		from the Federal Trade Commission and consumer reporting
7		agencies about fraud alerts and security freezes.
8		A notice of breach required under this subsection may be
9		delayed if an appropriate law enforcement agency determines
10		that the notification will interfere with a criminal
11		investigation and provides the school with a written request
12		for a delay of notice. A school must comply with the
13		notification requirements as soon as the notification will no
14		longer interfere with the investigation.
15		(e) Each school must implement and maintain reasonable
16		security procedures and practices that otherwise meet or
17		exceed industry standards designed to protect covered
18		information from unauthorized access, destruction, use,
19		modification, or disclosure. Any written agreement under which
20		the disclosure of covered information between the school and a
21		third party takes place must include a provision requiring the
22		entity to whom the covered information is disclosed to
23		implement and maintain reasonable security procedures and
24		practices that otherwise meet or exceed industry standards
25		designed to protect covered information from unauthorized
26		access, destruction, use, modification, or disclosure. The

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1		State Board must make available on its website a guidance
2		document for schools pertaining to reasonable security
3		procedures and practices under this subsection.
4		(f) Each school may designate an appropriate staff person
5		as a privacy officer, who may also be an official records
6		custodian as designated under the Illinois School Student
7		Records Act, to carry out the duties and responsibilities
8		assigned to schools and to ensure compliance with the
9		requirements of this Section and Section 26.
10		(g) A school shall make a request, pursuant to paragraph
11		(2) of Section 15, to an operator to delete covered
12		information on behalf of a student's parent if the parent
13		requests from the school that the student's covered
14		information held by the operator be deleted, so long as the
15		deletion of the covered information is not in violation of
16		State or federal records laws.
17		(h) This Section does not apply to nonpublic schools.
18		(Source: P.A. 101-516, eff. 7-1-21; revised 12-3-19.)
19		Section 370. The Critical Health Problems and
20		Comprehensive Health Education Act is amended by changing
21		Section 3 as follows:
22		(105 ILCS 110/3)
23		Sec. 3. Comprehensive Health Education Program. The
24		program established under this Act shall include, but not be

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1		limited to, the following major educational areas as a basis
2		for curricula in all elementary and secondary schools in this
3		State: human ecology and health, human growth and development,
4		the emotional, psychological, physiological, hygienic, and
5		social responsibilities of family life, including sexual
6		abstinence until marriage, the prevention and control of
7		disease, including instruction in grades 6 through 12 on the
8		prevention, transmission, and spread of AIDS, age-appropriate
9		sexual abuse and assault awareness and prevention education in
10		grades pre-kindergarten through 12, public and environmental
11		health, consumer health, safety education and disaster
12		survival, mental health and illness, personal health habits,
13		alcohol and , drug use, and abuse, including the medical and
14		legal ramifications of alcohol, drug, and tobacco use, abuse
15		during pregnancy, evidence-based and medically accurate
16		information regarding sexual abstinence, tobacco, nutrition,
17		and dental health. The instruction on mental health and
18		illness must evaluate the multiple dimensions of health by
19		reviewing the relationship between physical and mental health
20		so as to enhance student understanding, attitudes, and
21		behaviors that promote health, well-being, and human dignity.
22		The program shall also provide course material and instruction
23		to advise pupils of the Abandoned Newborn Infant Protection
24		Act. The program shall include information about cancer,
25		including, without limitation, types of cancer, signs and
26		symptoms, risk factors, the importance of early prevention and

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1		detection, and information on where to go for help.
2		Notwithstanding the above educational areas, the following
3		areas may also be included as a basis for curricula in all
4		elementary and secondary schools in this State: basic first
5		aid (including, but not limited to, cardiopulmonary
6		resuscitation and the Heimlich maneuver), heart disease,
7		diabetes, stroke, the prevention of child abuse, neglect, and
8		suicide, and teen dating violence in grades 7 through 12.
9		Beginning with the 2014-2015 school year, training on how to
10		properly administer cardiopulmonary resuscitation (which
11		training must be in accordance with standards of the American
12		Red Cross, the American Heart Association, or another
13		nationally recognized certifying organization) and how to use
14		an automated external defibrillator shall be included as a
15		basis for curricula in all secondary schools in this State.
16		The school board of each public elementary and secondary
17		school in the State shall encourage all teachers and other
18		school personnel to acquire, develop, and maintain the
19		knowledge and skills necessary to properly administer
20		life-saving techniques, including, without limitation, the
21		Heimlich maneuver and rescue breathing. The training shall be
22		in accordance with standards of the American Red Cross, the
23		American Heart Association, or another nationally recognized
24		certifying organization. A school board may use the services
25		of non-governmental entities whose personnel have expertise in
26		life-saving techniques to instruct teachers and other school

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1		personnel in these techniques. Each school board is encouraged
2		to have in its employ, or on its volunteer staff, at least one
3		person who is certified, by the American Red Cross or by
4		another qualified certifying agency, as qualified to
5		administer first aid and cardiopulmonary resuscitation. In
6		addition, each school board is authorized to allocate
7		appropriate portions of its institute or inservice days to
8		conduct training programs for teachers and other school
9		personnel who have expressed an interest in becoming qualified
10		to administer emergency first aid or cardiopulmonary
11		resuscitation. School boards are urged to encourage their
12		teachers and other school personnel who coach school athletic
13		programs and other extracurricular school activities to
14		acquire, develop, and maintain the knowledge and skills
15		necessary to properly administer first aid and cardiopulmonary
16		resuscitation in accordance with standards and requirements
17		established by the American Red Cross or another qualified
18		certifying agency. Subject to appropriation, the State Board
19		of Education shall establish and administer a matching grant
20		program to pay for half of the cost that a school district
21		incurs in training those teachers and other school personnel
22		who express an interest in becoming qualified to administer
23		cardiopulmonary resuscitation (which training must be in
24		accordance with standards of the American Red Cross, the
25		American Heart Association, or another nationally recognized
26		certifying organization) or in learning how to use an

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1		automated external defibrillator. A school district that
2		applies for a grant must demonstrate that it has funds to pay
3		half of the cost of the training for which matching grant money
4		is sought. The State Board of Education shall award the grants
5		on a first-come, first-serve basis.
6		No pupil shall be required to take or participate in any
7		class or course on AIDS or family life instruction or to
8		receive training on how to properly administer cardiopulmonary
9		resuscitation or how to use an automated external
10		defibrillator if his or her parent or guardian submits written
11		objection thereto, and refusal to take or participate in the
12		course or program or the training shall not be reason for
13		suspension or expulsion of the pupil.
14		Curricula developed under programs established in
15		accordance with this Act in the major educational area of
16		alcohol and drug use and abuse shall include classroom
17		instruction in grades 5 through 12. The instruction, which
18		shall include matters relating to both the physical and legal
19		effects and ramifications of drug and substance abuse, shall
20		be integrated into existing curricula; and the State Board of
21		Education shall develop and make available to all elementary
22		and secondary schools in this State instructional materials
23		and guidelines which will assist the schools in incorporating
24		the instruction into their existing curricula. In addition,
25		school districts may offer, as part of existing curricula
26		during the school day or as part of an after school program,

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1		support services and instruction for pupils or pupils whose
2		parent, parents, or guardians are chemically dependent.
3		(Source: P.A. 101-305, eff. 1-1-20; revised 8-21-20.)
4		Section 375. The Dual Credit Quality Act is amended by
5		changing Section 20 as follows:
6		(110 ILCS 27/20)
7		Sec. 20. Standards. All institutions offering dual credit
8		courses shall meet the following standards:
9		(1) High school instructors teaching credit-bearing
10		college-level courses for dual credit must meet any of the
11		academic credential requirements set forth in this
12		paragraph or paragraph (1), (2), or (3) of this Section
13		and need not meet higher certification requirements or
14		those set out in Article 21B of the School Code:
15		(A) Approved instructors of dual credit courses
16		shall meet any of the faculty credential standards
17		allowed by the Higher Learning Commission to determine
18		minimally qualified faculty. At the request of an
19		instructor, an instructor who meets these credential
20		standards shall be provided by the State Board of
21		Education with a Dual Credit Endorsement, to be placed
22		on the professional educator license, as established
23		by the State Board of Education and as authorized
24		under Article 21B of the School Code and promulgated

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1		through administrative rule in cooperation with the
2		Illinois Community College Board and the Board of
3		Higher Education.
4		(B) An instructor who does not meet the faculty
5		credential standards allowed by the Higher Learning
6		Commission to determine minimally qualified faculty
7		may teach dual credit courses if the instructor has a
8		professional development plan, approved by the
9		institution and shared with the State Board of
10		Education, within 4 years of January 1, 2019 (the
11		effective date of Public Act 100-1049) this amendatory
12		Act of the 100th General Assembly, to raise his or her
13		credentials to be in line with the credentials under
14		subparagraph (A) of this paragraph (1). The
15		institution shall have 30 days to review the plan and
16		approve an instructor professional development plan
17		that is in line with the credentials set forth in
18		paragraph (2) of this Section. The institution shall
19		not unreasonably withhold approval of a professional
20		development plan. These approvals shall be good for as
21		long as satisfactory progress toward the completion of
22		the credential is demonstrated, but in no event shall
23		a professional development plan be in effect for more
24		than 3 years from the date of its approval. A high
25		school instructor whose professional development plan
26		is not approved by the institution may appeal to the

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1		Illinois Community College Board or the Board of
2		Higher Education, as appropriate.
3		(C) The Illinois Community College Board shall
4		report yearly on its Internet website the number of
5		teachers who have approved professional development
6		plans under this Section.
7		(2) A high school instructor shall qualify for a
8		professional development plan if the instructor:
9		(A) has a master's degree in any discipline and
10		has earned 9 graduate hours in a discipline in which he
11		or she is currently teaching or expects to teach; or
12		(B) has a bachelor's degree with a minimum of 18
13		graduate hours in a discipline that he or she is
14		currently teaching or expects to teach and is enrolled
15		in a discipline-specific master's degree program; and
16		(C) agrees to demonstrate his or her progress
17		toward completion to the supervising institution, as
18		outlined in the professional development plan.
19		(3) An instructor in career and technical education
20		courses must possess the credentials and demonstrated
21		teaching competencies appropriate to the field of
22		instruction.
23		(4) Course content must be equivalent to
24		credit-bearing college-level courses offered at the
25		community college.
26		(5) Learning outcomes must be the same as

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1		credit-bearing college-level courses and be appropriately
2		measured.
3		(6) A high school instructor is expected to
4		participate in any orientation developed by the
5		institution for dual credit instructors in course
6		curriculum, assessment methods, and administrative
7		requirements.
8		(7) Dual credit instructors must be given the
9		opportunity to participate in all activities available to
10		other adjunct faculty, including professional development,
11		seminars, site visits, and internal communication,
12		provided that such opportunities do not interfere with an
13		instructor's regular teaching duties.
14		(8) Every dual credit course must be reviewed annually
15		by faculty through the appropriate department to ensure
16		consistency with campus courses.
17		(9) Dual credit students must be assessed using
18		methods consistent with students in traditional
19		credit-bearing college courses.
20		(Source: P.A. 100-1049, eff. 1-1-19; revised 7-16-19.)
21		Section 380. The Higher Education Veterans Service Act is
22		amended by changing Section 15 as follows:
23		(110 ILCS 49/15)
24		Sec. 15. Survey; coordinator; best practices report; best

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1		efforts.
2		(a) All public colleges and universities shall, within 60
3		days after the effective date of this Act, conduct a survey of
4		the services and programs that are provided for veterans,
5		active duty military personnel, and their families, at each of
6		their respective campuses. This survey shall enumerate and
7		fully describe the service or program that is available, the
8		number of veterans or active duty personnel using the service
9		or program, an estimated range for potential use within a
10		5-year and 10-year period, information on the location of the
11		service or program, and how its administrators may be
12		contacted. The survey shall indicate the manner or manners in
13		which a student veteran may avail himself or herself of the
14		program's services. This survey must be made available to all
15		veterans matriculating at the college or university in the
16		form of an orientation-related guidebook.
17		Each public college and university shall make the survey
18		available on the homepage of all campus Internet links as soon
19		as practical after the completion of the survey. As soon as
20		possible after the completion of the survey, each public
21		college and university shall provide a copy of its survey to
22		the following:
23		(1) the Board of Higher Education;
24		(2) the Department of Veterans' Affairs;
25		(3) the President and Minority Leader of the Senate
26		and the Speaker and Minority Leader of the House of

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1		Representatives; and
2		(4) the Governor.
3		(b) Each public college and university shall, at its
4		discretion, (i) appoint, within 6 months after the effective
5		date of this Act, an existing employee or (ii) hire a new
6		employee to serve as a Coordinator of Veterans and Military
7		Personnel Student Services on each campus of the college or
8		university that has an onsite, daily, full-time student
9		headcount above 1,000 students.
10		The Coordinator of Veterans and Military Personnel Student
11		Services shall be an ombudsperson serving the specific needs
12		of student veterans and military personnel and their families
13		and shall serve as an advocate before the administration of
14		the college or university for the needs of student veterans.
15		The college or university shall enable the Coordinator of
16		Veterans and Military Personnel Student Services to
17		communicate directly with the senior executive administration
18		of the college or university periodically. The college or
19		university shall retain unfettered discretion to determine the
20		organizational management structure of its institution.
21		In addition to any responsibilities the college or
22		university may assign, the Coordinator of Veterans and
23		Military Personnel Student Services shall make its best
24		efforts to create a centralized source for student veterans
25		and military personnel to learn how to receive all benefit
26		programs and services for which they are eligible.

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1		Each college and university campus that is required to
2		have a Coordinator of Veterans and Military Personnel Student
3		Services shall regularly and conspicuously advertise the
4		office location and , phone number of , and Internet access to
5		the Coordinator of Veterans and Military Personnel Student
6		Services, along with a brief summary of the manner in which he
7		or she can assist student veterans. The advertisement shall
8		include, but is not necessarily limited to, the following:
9		(1) advertisements on each campus' Internet home page;
10		and
11		(2) any promotional mailings for student application.
12		The Coordinator of Veterans and Military Personnel Student
13		Services shall facilitate other campus offices with the
14		promotion of programs and services that are available.
15		(c) Upon receipt of all of the surveys under subsection
16		(a) of this Section, the Board of Higher Education and the
17		Department of Veterans' Affairs shall conduct a joint review
18		of the surveys and post, on any Internet home page they may
19		operate, a link to each survey as posted on the Internet
20		website for the college or university. Upon receipt of all of
21		the surveys, the Office of the Governor, through its military
22		affairs advisors, shall similarly conduct a review of the
23		surveys and post the surveys on its Internet website.
24		Following its review of the surveys, the Office of the
25		Governor shall submit an evaluation report to each college and
26		university offering suggestions and insight on the conduct of

SB2435 Enrolled - 1029 - LRB102 04062 AMC 14078 b
1		student veteran-related policies and programs.
2		(d) The Board of Higher Education and the Department of
3		Veterans' Affairs may issue a best practices report to
4		highlight those programs and services that are most beneficial
5		to veterans and active duty military personnel. The report
6		shall contain a fiscal needs assessment in conjunction with
7		any program recommendations.
8		(e) Each college and university campus that is required to
9		have a Coordinator of Veterans and Military Personnel Student
10		Services under subsection (b) of this Section shall make its
11		best efforts to create academic and social programs and
12		services for veterans and active duty military personnel that
13		will provide reasonable opportunities for academic performance
14		and success.
15		Each public college and university shall make its best
16		efforts to determine how its online educational curricula can
17		be expanded or altered to serve the needs of student veterans
18		and currently-deployed military, including a determination of
19		whether and to what extent the public colleges and
20		universities can share existing technologies to improve the
21		online curricula of peer institutions, provided such efforts
22		are both practically and economically feasible.
23		(Source: P.A. 96-133, eff. 8-7-09; revised 7-16-19.)
24		Section 385. The Public University Energy Conservation Act
25		is amended by changing Section 5 as follows:

SB2435 Enrolled - 1030 - LRB102 04062 AMC 14078 b
1		(110 ILCS 62/5)
2		Sec. 5. Definitions. In this Act, words and phrases have
3		the meanings set forth in the following Sections preceding
4		Section 10.
5		(Source: P.A. 90-486, eff. 8-17-97; revised 7-16-19.)
6		Section 390. The University of Illinois Act is amended by
7		setting forth, renumbering, and changing multiple versions of
8		Section 105 as follows:
9		(110 ILCS 305/105)
10		Sec. 105. Mental health resources. For the 2020-2021
11		academic year and for each academic year thereafter, the
12		University must make available to its students information on
13		all mental health and suicide prevention resources available
14		at the University.
15		(Source: P.A. 101-217, eff. 1-1-20.)
16		(110 ILCS 305/110)
17		Sec. 110 105. Competency-based learning program; notice.
18		If the University offers a competency-based learning program,
19		it must notify a student if he or she becomes eligible for the
20		program.
21		(Source: P.A. 101-271, eff. 1-1-20; revised 10-21-19.)

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1		(110 ILCS 305/115)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 115 105. Water rates report.
4		(a) Subject to appropriation, no later than December 1,
5		2020, the Government Finance Research Center at the University
6		of Illinois at Chicago, in coordination with an
7		intergovernmental advisory committee, must issue a report
8		evaluating the setting of water rates throughout the Lake
9		Michigan service area of northeastern Illinois and, no later
10		than December 1, 2021, for the remainder of Illinois. The
11		report must provide recommendations for policy and regulatory
12		needs at the State and local level based on its findings. The
13		report shall, at a minimum, address all of the following
14		areas:
15		(1) The components of a water bill.
16		(2) Reasons for increases in water rates.
17		(3) The definition of affordability throughout the
18		State and any variances to that definition.
19		(4) Evidence of rate-setting that utilizes
20		inappropriate practices.
21		(5) The extent to which State or local policies drive
22		cost increases or variations in rate-settings.
23		(6) Challenges within economically disadvantaged
24		communities in setting water rates.
25		(7) Opportunities for increased intergovernmental
26		coordination for setting equitable water rates.

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1		(b) In developing the report under this Section, the
2		Government Finance Research Center shall form an advisory
3		committee, which shall be composed of all of the following
4		members:
5		(1) The Director of the Environmental Protection
6		Agency, or his or her designee.
7		(2) The Director of Natural Resources, or his or her
8		designee.
9		(3) The Director of Commerce and Economic Opportunity,
10		or his or her designee.
11		(4) The Attorney General, or his or her designee.
12		(5) At least 2 members who are representatives of
13		private water utilities operating in Illinois, appointed
14		by the Director of the Government Finance Research Center.
15		(6) At least 4 members who are representatives of
16		municipal water utilities, appointed by the Director of
17		the Government Finance Research Center.
18		(7) One member who is a representative of an
19		environmental justice advocacy organization, appointed by
20		the Director of the Government Finance Research Center.
21		(8) One member who is a representative of a consumer
22		advocacy organization, appointed by the Director of the
23		Government Finance Research Center.
24		(9) One member who is a representative of an
25		environmental planning organization that serves
26		northeastern Illinois, appointed by the Director of the

SB2435 Enrolled - 1033 - LRB102 04062 AMC 14078 b
1		Government Finance Research Center.
2		(10) The Director of the Illinois State Water Survey,
3		or his or her designee.
4		(11) The Chairperson of the Illinois Commerce
5		Commission, or his or her designee.
6		(c) After all members are appointed, the committee shall
7		hold its first meeting at the call of the Director of the
8		Government Finance Research Center, at which meeting the
9		members shall select a chairperson from among themselves.
10		After its first meeting, the committee shall meet at the call
11		of the chairperson. Members of the committee shall serve
12		without compensation but may be reimbursed for their
13		reasonable and necessary expenses incurred in performing their
14		duties. The Government Finance Research Center shall provide
15		administrative and other support to the committee.
16		(d) No later than 60 days after August 23, 2019 (the
17		effective date of Public Act 101-562) this amendatory Act of
18		the 101st General Assembly, the Government Finance Research
19		Center must provide an opportunity for public comment on the
20		questions to be addressed in the report, the metrics to be
21		used, and the recommendations that need to be issued.
22		(e) This Section is repealed on January 1, 2022.
23		(Source: P.A. 101-562, eff. 8-23-19; revised 10-21-19.)
24		Section 395. The University of Illinois Hospital Act is
25		amended by setting forth, renumbering, and changing multiple

SB2435 Enrolled - 1034 - LRB102 04062 AMC 14078 b
1		versions of Section 8b as follows:
2		(110 ILCS 330/8b)
3		Sec. 8b. Instruments for taking a pregnant woman's blood
4		pressure. The University of Illinois Hospital shall ensure
5		that it has the proper instruments available for taking a
6		pregnant woman's blood pressure. The Department of Public
7		Health shall adopt rules for the implementation of this
8		Section.
9		(Source: P.A. 101-91, eff. 1-1-20.)
10		(110 ILCS 330/8c)
11		Sec. 8c 8b. Closed captioning required. The University of
12		Illinois Hospital must make reasonable efforts to have
13		activated at all times the closed captioning feature on a
14		television in a common area provided for use by the general
15		public or in a patient's room or to enable the closed
16		captioning feature when requested to do so by a member of the
17		general public or a patient if the television includes a
18		closed captioning feature.
19		It is not a violation of this Section if the closed
20		captioning feature is deactivated by a member of the
21		University of Illinois Hospital's staff after such feature is
22		enabled in a common area or in a patient's room unless the
23		deactivation of the closed captioning feature is knowing or
24		intentional. It is not a violation of this Section if the

SB2435 Enrolled - 1035 - LRB102 04062 AMC 14078 b
1		closed captioning feature is deactivated by a member of the
2		general public, a patient, or a member of the University of
3		Illinois Hospital's staff at the request of a patient of the
4		University of Illinois Hospital.
5		If the University of Illinois Hospital does not have a
6		television that includes a closed captioning feature, then the
7		University of Illinois Hospital must ensure that all
8		televisions obtained for common areas and patient rooms after
9		January 1, 2020 (the effective date of Public Act 101-116)
10		this amendatory Act of the 101st General Assembly include a
11		closed captioning feature. This Section does not affect any
12		other provision of law relating to disability discrimination
13		or providing reasonable accommodations or diminish the rights
14		of a person with a disability under any other law.
15		As used in this Section, "closed captioning" means a text
16		display of spoken words presented on a television that allows
17		a deaf or hard of hearing viewer to follow the dialogue and the
18		action of a program simultaneously.
19		(Source: P.A. 101-116, eff. 1-1-20; revised 9-17-19.)
20		Section 400. The Southern Illinois University Management
21		Act is amended by setting forth and renumbering multiple
22		versions of Section 90 as follows:
23		(110 ILCS 520/90)
24		Sec. 90. Mental health resources. For the 2020-2021

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1		academic year and for each academic year thereafter, the
2		University must make available to its students information on
3		all mental health and suicide prevention resources available
4		at the University.
5		(Source: P.A. 101-217, eff. 1-1-20.)
6		(110 ILCS 520/95)
7		Sec. 95 90. Competency-based learning program; notice. If
8		the University offers a competency-based learning program, it
9		must notify a student if he or she becomes eligible for the
10		program.
11		(Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
12		Section 405. The Chicago State University Law is amended
13		by setting forth and renumbering multiple versions of Section
14		5-200 as follows:
15		(110 ILCS 660/5-200)
16		Sec. 5-200. Mental health resources. For the 2020-2021
17		academic year for and each academic year thereafter, the
18		University must make available to its students information on
19		all mental health and suicide prevention resources available
20		at the University.
21		(Source: P.A. 101-217, eff. 1-1-20.)
22		(110 ILCS 660/5-205)

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1		Sec. 5-205 5-200. Competency-based learning program;
2		notice. If the University offers a competency-based learning
3		program, it must notify a student if he or she becomes eligible
4		for the program.
5		(Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
6		Section 410. The Eastern Illinois University Law is
7		amended by setting forth and renumbering multiple versions of
8		Section 10-200 as follows:
9		(110 ILCS 665/10-200)
10		Sec. 10-200. Mental health resources. For the 2020-2021
11		academic year and for each academic year thereafter, the
12		University must make available to its students information on
13		all mental health and suicide prevention resources available
14		at the University.
15		(Source: P.A. 101-217, eff. 1-1-20.)
16		(110 ILCS 665/10-205)
17		Sec. 10-205 10-200. Competency-based learning program;
18		notice. If the University offers a competency-based learning
19		program, it must notify a student if he or she becomes eligible
20		for the program.
21		(Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
22		Section 415. The Governors State University Law is amended

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1		by setting forth and renumbering multiple versions of Section
2		15-200 as follows:
3		(110 ILCS 670/15-200)
4		Sec. 15-200. Mental health resources. For the 2020-2021
5		academic year and for each academic year thereafter, the
6		University must make available to its students information on
7		all mental health and suicide prevention resources available
8		at the University.
9		(Source: P.A. 101-217, eff. 1-1-20.)
10		(110 ILCS 670/15-205)
11		Sec. 15-205 15-200. Competency-based learning program;
12		notice. If the University offers a competency-based learning
13		program, it must notify a student if he or she becomes eligible
14		for the program.
15		(Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
16		Section 420. The Illinois State University Law is amended
17		by setting forth and renumbering multiple versions of Section
18		20-205 as follows:
19		(110 ILCS 675/20-205)
20		Sec. 20-205. Mental health resources. For the 2020-2021
21		academic year and for each academic year thereafter, the
22		University must make available to its students information on

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1		all mental health and suicide prevention resources available
2		at the University.
3		(Source: P.A. 101-217, eff. 1-1-20.)
4		(110 ILCS 675/20-210)
5		Sec. 20-210 20-205. Competency-based learning program;
6		notice. If the University offers a competency-based learning
7		program, it must notify a student if he or she becomes eligible
8		for the program.
9		(Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
10		Section 425. The Northeastern Illinois University Law is
11		amended by setting forth and renumbering multiple versions of
12		Section 25-200 as follows:
13		(110 ILCS 680/25-200)
14		Sec. 25-200. Mental health resources. For the 2020-2021
15		academic year and for each academic year thereafter, the
16		University must make available to its students information on
17		all mental health and suicide prevention resources available
18		at the University.
19		(Source: P.A. 101-217, eff. 1-1-20.)
20		(110 ILCS 680/25-205)
21		Sec. 25-205 25-200. Competency-based learning program;
22		notice. If the University offers a competency-based learning

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1		program, it must notify a student if he or she becomes eligible
2		for the program.
3		(Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
4		Section 430. The Northern Illinois University Law is
5		amended by setting forth and renumbering multiple versions of
6		Section 30-210 as follows:
7		(110 ILCS 685/30-210)
8		Sec. 30-210. Mental health resources. For the 2020-2021
9		academic year and for each academic year thereafter, the
10		University must make available to its students information on
11		all mental health and suicide prevention resources available
12		at the University.
13		(Source: P.A. 101-217, eff. 1-1-20.)
14		(110 ILCS 685/30-215)
15		Sec. 30-215 30-210. Competency-based learning program;
16		notice. If the University offers a competency-based learning
17		program, it must notify a student if he or she becomes eligible
18		for the program.
19		(Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
20		Section 435. The Western Illinois University Law is
21		amended by setting forth and renumbering multiple versions of
22		Section 35-205 as follows:

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1		(110 ILCS 690/35-205)
2		Sec. 35-205. Mental health resources. For the 2020-2021
3		academic year and for each academic year thereafter, the
4		University must make available to its students information on
5		all mental health and suicide prevention resources available
6		at the University.
7		(Source: P.A. 101-217, eff. 1-1-20.)
8		(110 ILCS 690/35-210)
9		Sec. 35-210 35-205. Competency-based learning program;
10		notice. If the University offers a competency-based learning
11		program, it must notify a student if he or she becomes eligible
12		for the program.
13		(Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
14		Section 440. The Public Community College Act is amended
15		by changing Sections 2-26 and 3-42.1 as follows:
16		(110 ILCS 805/2-26)
17		Sec. 2-26. 21st Century Employment grant program.
18		(a) Subject to appropriation, the State Board shall
19		establish and administer a 21st Century Employment grant
20		program. To qualify for a grant, a community college district
21		and a public high school located in that district must jointly
22		establish a collaborative regional partnership with workforce

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1		development organizations, including community-based
2		organizations with a vested interest in the workforce,
3		regional economic development organizations, and economic
4		development officials in the district, along with
5		manufacturers, healthcare service providers, and innovative
6		technology businesses that have a presence in the district, to
7		provide a manufacturing training program. A grant recipient
8		must provide the State Board with a plan that meets all of the
9		following requirements:
10		(1) The plan shall define specific goals that a
11		student must meet upon graduation.
12		(2) The plan shall include the type of professional
13		skills that will be taught in order for the students to
14		gain and retain employment. The professional skills
15		curriculum in the program shall include, but not be
16		limited to, training on all of the following:
17		(A) Effective communication skills.
18		(B) Teamwork.
19		(C) Dependability.
20		(D) Adaptability.
21		(E) Conflict resolution.
22		(F) Flexibility.
23		(G) Leadership.
24		(H) Problem-solving.
25		(I) Research.
26		(J) Creativity.

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1		(K) Work ethic.
2		(L) Integrity.
3		In awarding grants under this Section, the State Board
4		must give priority to plans that demonstrate a formal
5		articulation agreement between a public high school and a
6		community college district.
7		(3) The plan shall include a budget that includes any
8		outside donations, including any in-kind donations, made
9		to help the program, including from non-profit entities
10		and individuals.
11		(4) The plan shall include the proposed number of
12		individuals who would be enrolled in the program, along
13		with the places that those individuals could be employed
14		at after graduation and what industries would be targeted.
15		The plan must support a seamless transition into higher
16		education and career opportunities and must outline the
17		college credit and on-the-job training hours that will
18		transfer from the high school to a community college.
19		(5) The plan shall require a private-public
20		partnership clause that requires private businesses to
21		contribute an amount determined by the State Board and the
22		collaborative regional partnership that does not exceed
23		40% of the amount of the total project. The applicant must
24		provide the State Board with a receipt of contributions
25		from businesses to evidence compliance with this
26		paragraph. However, businesses may contribute equipment or

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1		offer their facilities, in which case a business shall
2		establish a cost of use of its facility, to meet the
3		requirements of this paragraph.
4		(6) The plan shall indicate the certificates that the
5		community college or high school will offer to students
6		upon graduation, as agreed to by the collaborative
7		regional partnership. The community college or high school
8		shall offer no less than 6 types of industry-recognized
9		certificates.
10		(b) The State Board shall establish an advisory board for
11		the grant program established under subsection (a) that
12		consists of all of the following members:
13		(1) The Director of Commerce and Economic Opportunity.
14		(2) The Executive Director of the State Board.
15		(3) The State Superintendent of Education.
16		(4) The Director of Labor.
17		(5) A senator appointed by the President of the
18		Senate.
19		(6) A senator appointed by the Minority Leader of the
20		Senate.
21		(7) A representative appointed by the Speaker of the
22		House of Representatives.
23		(8) A representative appointed by the Minority Leader
24		of the House of Representatives.
25		(9) A member from a statewide organization that
26		represents manufacturing companies throughout this State,

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1		appointed by the Governor.
2		(10) A member who represents at-risk students,
3		including, but not limited to, opportunity youth,
4		appointed by the Governor.
5		(11) A member from a statewide organization that
6		represents multiple employee unions in this State,
7		appointed by the Governor.
8		(12) A member from a trade union, appointed by the
9		Governor.
10		(13) A member from a statewide organization that
11		represents the business community, appointed by the
12		Governor.
13		(14) A member from a statewide organization that
14		represents service employees in this State, appointed by
15		the Governor.
16		(15) Educators representing various regions of this
17		State from professional teachers' organizations, appointed
18		by the Governor.
19		(16) A member from a statewide organization that
20		represents hospitals in this State, appointed by the
21		Governor.
22		(17) A president of a community college, appointed by
23		the Governor.
24		(18) A district superintendent of a high school
25		district, appointed by the Governor.
26		The members of the advisory board shall serve without

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1		compensation but shall be reimbursed for their reasonable and
2		necessary expenses from funds appropriated to the State Board
3		for that purpose, including travel, subject to the rules of
4		the appropriate travel control board.
5		The advisory board shall meet at the call of the State
6		Board and shall report to the State Board. The State Board
7		shall provide administrative and other support to the advisory
8		board.
9		(c) The advisory board established under subsection (b)
10		shall have all of the following duties:
11		(1) To review the progress made by each grant
12		recipient, including, but not limited to, the
13		gainful-employment success rate, how many students remain
14		employed for how long, and how many students went on to
15		receive higher manufacturing certificates.
16		(2) To review how many students went on to complete a
17		paid internship or apprenticeship upon graduation.
18		(3) To compile a list of programs offered by each
19		community college or high school.
20		(4) To analyze whether the certificates are closing
21		the gap in education for the current needs of the labor
22		force, and to offer suggestions on how to close the gap if
23		one still exists.
24		(5) To suggest certificates that could help future
25		employers looking to locate in this State.
26		(6) To offer guidelines for the types of certificates

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1		that a community college or high school should pursue.
2		(7) To offer possible rules to the State Board that
3		the grant process should follow.
4		(d) The State Board may adopt any rules necessary for the
5		purposes of this Section.
6		(Source: P.A. 101-437, eff. 1-1-20; revised 8-21-20.)
7		(110 ILCS 805/3-42.1) (from Ch. 122, par. 103-42.1)
8		Sec. 3-42.1. (a) To appoint law enforcement officer and
9		non-law enforcement officer members of the community college
10		district police department or department of public safety.
11		(b) Members of the community college district police
12		department or department of public safety who are law
13		enforcement officers, as defined in the Illinois Police
14		Training Act, shall be peace officers under the laws of this
15		State. As such, law enforcement officer members of these
16		departments shall have all of the powers of police officers in
17		cities and sheriffs in counties, including the power to make
18		arrests on view or on warrants for violations of State
19		statutes and to enforce county or city ordinances in all
20		counties that lie within the community college district, when
21		such is required for the protection of community college
22		personnel, students, property, or interests. Such officers
23		shall have no power to serve and execute civil process.
24		As peace officers in this State, all laws pertaining to
25		hiring, training, retention, service authority, and discipline

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1		of police officers, under State law, shall apply. Law
2		enforcement officer members must complete the minimum basic
3		training requirements of a police training school under the
4		Illinois Police Training Act. Law enforcement officer members
5		who have successfully completed an Illinois Law Enforcement
6		Training and Standards Board certified firearms course shall
7		be equipped with appropriate firearms and auxiliary weapons.
8		(c) Non-law enforcement officer members of the community
9		college police, public safety, or security departments whose
10		job requirements include performing patrol and security type
11		functions shall, within 6 months after their initial hiring
12		date, be required to successfully complete the 20-hour basic
13		security training course required by (i) the Department of
14		Financial and Professional Regulation, Division of
15		Professional Regulation for Security Officers, (ii) by the
16		International Association of College Law Enforcement
17		Administrators, or (iii) campus protection officer training
18		program or a similar course certified and approved by the
19		Illinois Law Enforcement Training and Standards Board. They
20		shall also be permitted to become members of an Illinois State
21		Training Board Mobile Training Unit and shall complete 8 hours
22		in continuing training, related to their specific position of
23		employment, each year. The board may establish reasonable
24		eligibility requirements for appointment and retention of
25		non-law enforcement officer members.
26		All non-law enforcement officer members authorized to

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1		carry weapons, other than firearms, shall receive training on
2		the proper deployment and use of force regarding such weapons.
3		(Source: P.A. 100-884, eff. 1-1-19; revised 11-16-20.)
4		Section 445. The Illinois Educational Labor Relations Act
5		is amended by changing Section 14 as follows:
6		(115 ILCS 5/14) (from Ch. 48, par. 1714)
7		Sec. 14. Unfair labor practices.
8		(a) Educational employers, their agents or representatives
9		are prohibited from:
10		(1) Interfering, restraining or coercing employees in
11		the exercise of the rights guaranteed under this Act.
12		(2) Dominating or interfering with the formation,
13		existence or administration of any employee organization.
14		(3) Discriminating in regard to hire or tenure of
15		employment or any term or condition of employment to
16		encourage or discourage membership in any employee
17		organization.
18		(4) Discharging or otherwise discriminating against an
19		employee because he or she has signed or filed an
20		affidavit, authorization card, petition or complaint or
21		given any information or testimony under this Act.
22		(5) Refusing to bargain collectively in good faith
23		with an employee representative which is the exclusive
24		representative of employees in an appropriate unit,

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1		including, but not limited to, the discussing of
2		grievances with the exclusive representative; provided,
3		however, that if an alleged unfair labor practice involves
4		interpretation or application of the terms of a collective
5		bargaining agreement and said agreement contains a
6		grievance and arbitration procedure, the Board may defer
7		the resolution of such dispute to the grievance and
8		arbitration procedure contained in said agreement.
9		(6) Refusing to reduce a collective bargaining
10		agreement to writing and signing such agreement.
11		(7) Violating any of the rules and regulations
12		promulgated by the Board regulating the conduct of
13		representation elections.
14		(8) Refusing to comply with the provisions of a
15		binding arbitration award.
16		(9) Expending or causing the expenditure of public
17		funds to any external agent, individual, firm, agency,
18		partnership or association in any attempt to influence the
19		outcome of representational elections held pursuant to
20		paragraph (c) of Section 7 of this Act; provided, that
21		nothing in this subsection shall be construed to limit an
22		employer's right to be represented on any matter
23		pertaining to unit determinations, unfair labor practice
24		charges or pre-election conferences in any formal or
25		informal proceeding before the Board, or to seek or obtain
26		advice from legal counsel. Nothing in this paragraph shall

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1		be construed to prohibit an employer from expending or
2		causing the expenditure of public funds on, or seeking or
3		obtaining services or advice from, any organization, group
4		or association established by, and including educational
5		or public employers, whether or not covered by this Act,
6		the Illinois Public Labor Relations Act or the public
7		employment labor relations law of any other state or the
8		federal government, provided that such services or advice
9		are generally available to the membership of the
10		organization, group, or association, and are not offered
11		solely in an attempt to influence the outcome of a
12		particular representational election.
13		(10) Interfering with, restraining, coercing,
14		deterring or discouraging educational employees or
15		applicants to be educational employees from: (1) becoming
16		members of an employee organization; (2) authorizing
17		representation by an employee organization; or (3)
18		authorizing dues or fee deductions to an employee
19		organization, nor shall the employer intentionally permit
20		outside third parties to use its email or other
21		communications systems to engage in that conduct. An
22		employer's good faith implementation of a policy to block
23		the use of its email or other communication systems for
24		such purposes shall be a defense to an unfair labor
25		practice.
26		(11) Disclosing to any person or entity information

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1		set forth in subsection (d) of Section 3 of this Act that
2		the employer knows or should know will be used to
3		interfere with, restrain, coerce, deter, or discourage any
4		public employee from: (i) becoming or remaining members of
5		a labor organization, (ii) authorizing representation by a
6		labor organization, or (iii) authorizing dues or fee
7		deductions to a labor organization.
8		(b) Employee organizations, their agents or
9		representatives or educational employees are prohibited from:
10		(1) Restraining or coercing employees in the exercise
11		of the rights guaranteed under this Act, provided that a
12		labor organization or its agents shall commit an unfair
13		labor practice under this paragraph in duty of fair
14		representation cases only by intentional misconduct in
15		representing employees under this Act.
16		(2) Restraining or coercing an educational employer in
17		the selection of his representative for the purposes of
18		collective bargaining or the adjustment of grievances.
19		(3) Refusing to bargain collectively in good faith
20		with an educational employer, if they have been designated
21		in accordance with the provisions of this Act as the
22		exclusive representative of employees in an appropriate
23		unit.
24		(4) Violating any of the rules and regulations
25		promulgated by the Board regulating the conduct of
26		representation elections.

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1		(5) Refusing to reduce a collective bargaining
2		agreement to writing and signing such agreement.
3		(6) Refusing to comply with the provisions of a
4		binding arbitration award.
5		(c) The expressing of any views, argument, opinion or the
6		dissemination thereof, whether in written, printed, graphic or
7		visual form, shall not constitute or be evidence of an unfair
8		labor practice under any of the provisions of this Act, if such
9		expression contains no threat of reprisal or force or promise
10		of benefit.
11		(c-5) The employer shall not discourage public employees
12		or applicants to be public employees from becoming or
13		remaining union members or authorizing dues deductions, and
14		shall not otherwise interfere with the relationship between
15		employees and their exclusive bargaining representative. The
16		employer shall refer all inquiries about union membership to
17		the exclusive bargaining representative, except that the
18		employer may communicate with employees regarding payroll
19		processes and procedures. The employer will establish email
20		policies in an effort to prohibit the use of its email system
21		by outside sources.
22		(d) The actions of a Financial Oversight Panel created
23		pursuant to Section 1A-8 of the School Code due to a district
24		violating a financial plan shall not constitute or be evidence
25		of an unfair labor practice under any of the provisions of this
26		Act. Such actions include, but are not limited to, reviewing,

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1		approving, or rejecting a school district budget or a
2		collective bargaining agreement.
3		(Source: P.A. 101-620, eff. 12-20-19; revised 8-21-20.)
4		Section 450. The Illinois Banking Act is amended by
5		changing Section 48 as follows:
6		(205 ILCS 5/48)
7		Sec. 48. Secretary's powers; duties. The Secretary shall
8		have the powers and authority, and is charged with the duties
9		and responsibilities designated in this Act, and a State bank
10		shall not be subject to any other visitorial power other than
11		as authorized by this Act, except those vested in the courts,
12		or upon prior consultation with the Secretary, a foreign bank
13		regulator with an appropriate supervisory interest in the
14		parent or affiliate of a state bank. In the performance of the
15		Secretary's duties:
16		(1) The Commissioner shall call for statements from
17		all State banks as provided in Section 47 at least one time
18		during each calendar quarter.
19		(2) (a) The Commissioner, as often as the Commissioner
20		shall deem necessary or proper, and no less frequently
21		than 18 months following the preceding examination, shall
22		appoint a suitable person or persons to make an
23		examination of the affairs of every State bank, except
24		that for every eligible State bank, as defined by

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1		regulation, the Commissioner in lieu of the examination
2		may accept on an alternating basis the examination made by
3		the eligible State bank's appropriate federal banking
4		agency pursuant to Section 111 of the Federal Deposit
5		Insurance Corporation Improvement Act of 1991, provided
6		the appropriate federal banking agency has made such an
7		examination. A person so appointed shall not be a
8		stockholder or officer or employee of any bank which that
9		person may be directed to examine, and shall have powers
10		to make a thorough examination into all the affairs of the
11		bank and in so doing to examine any of the officers or
12		agents or employees thereof on oath and shall make a full
13		and detailed report of the condition of the bank to the
14		Commissioner. In making the examination the examiners
15		shall include an examination of the affairs of all the
16		affiliates of the bank, as defined in subsection (b) of
17		Section 35.2 of this Act, or subsidiaries of the bank as
18		shall be necessary to disclose fully the conditions of the
19		subsidiaries or affiliates, the relations between the bank
20		and the subsidiaries or affiliates and the effect of those
21		relations upon the affairs of the bank, and in connection
22		therewith shall have power to examine any of the officers,
23		directors, agents, or employees of the subsidiaries or
24		affiliates on oath. After May 31, 1997, the Commissioner
25		may enter into cooperative agreements with state
26		regulatory authorities of other states to provide for

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1		examination of State bank branches in those states, and
2		the Commissioner may accept reports of examinations of
3		State bank branches from those state regulatory
4		authorities. These cooperative agreements may set forth
5		the manner in which the other state regulatory authorities
6		may be compensated for examinations prepared for and
7		submitted to the Commissioner.
8		(b) After May 31, 1997, the Commissioner is authorized
9		to examine, as often as the Commissioner shall deem
10		necessary or proper, branches of out-of-state banks. The
11		Commissioner may establish and may assess fees to be paid
12		to the Commissioner for examinations under this subsection
13		(b). The fees shall be borne by the out-of-state bank,
14		unless the fees are borne by the state regulatory
15		authority that chartered the out-of-state bank, as
16		determined by a cooperative agreement between the
17		Commissioner and the state regulatory authority that
18		chartered the out-of-state bank.
19		(2.1) Pursuant to paragraph (a) of subsection (6) of
20		this Section, the Secretary shall adopt rules that ensure
21		consistency and due process in the examination process.
22		The Secretary may also establish guidelines that (i)
23		define the scope of the examination process and (ii)
24		clarify examination items to be resolved. The rules,
25		formal guidance, interpretive letters, or opinions
26		furnished to State banks by the Secretary may be relied

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1		upon by the State banks.
2		(2.5) Whenever any State bank, any subsidiary or
3		affiliate of a State bank, or after May 31, 1997, any
4		branch of an out-of-state bank causes to be performed, by
5		contract or otherwise, any bank services for itself,
6		whether on or off its premises:
7		(a) that performance shall be subject to
8		examination by the Commissioner to the same extent as
9		if services were being performed by the bank or, after
10		May 31, 1997, branch of the out-of-state bank itself
11		on its own premises; and
12		(b) the bank or, after May 31, 1997, branch of the
13		out-of-state bank shall notify the Commissioner of the
14		existence of a service relationship. The notification
15		shall be submitted with the first statement of
16		condition (as required by Section 47 of this Act) due
17		after the making of the service contract or the
18		performance of the service, whichever occurs first.
19		The Commissioner shall be notified of each subsequent
20		contract in the same manner.
21		For purposes of this subsection (2.5), the term "bank
22		services" means services such as sorting and posting of
23		checks and deposits, computation and posting of interest
24		and other credits and charges, preparation and mailing of
25		checks, statements, notices, and similar items, or any
26		other clerical, bookkeeping, accounting, statistical, or

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1		similar functions performed for a State bank, including,
2		but not limited to, electronic data processing related to
3		those bank services.
4		(3) The expense of administering this Act, including
5		the expense of the examinations of State banks as provided
6		in this Act, shall to the extent of the amounts resulting
7		from the fees provided for in paragraphs (a), (a-2), and
8		(b) of this subsection (3) be assessed against and borne
9		by the State banks:
10		(a) Each bank shall pay to the Secretary a Call
11		Report Fee which shall be paid in quarterly
12		installments equal to one-fourth of the sum of the
13		annual fixed fee of $800, plus a variable fee based on
14		the assets shown on the quarterly statement of
15		condition delivered to the Secretary in accordance
16		with Section 47 for the preceding quarter according to
17		the following schedule: 16¢ per $1,000 of the first
18		$5,000,000 of total assets, 15¢ per $1,000 of the next
19		$20,000,000 of total assets, 13¢ per $1,000 of the
20		next $75,000,000 of total assets, 9¢ per $1,000 of the
21		next $400,000,000 of total assets, 7¢ per $1,000 of
22		the next $500,000,000 of total assets, and 5¢ per
23		$1,000 of all assets in excess of $1,000,000,000, of
24		the State bank. The Call Report Fee shall be
25		calculated by the Secretary and billed to the banks
26		for remittance at the time of the quarterly statements

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1		of condition provided for in Section 47. The Secretary
2		may require payment of the fees provided in this
3		Section by an electronic transfer of funds or an
4		automatic debit of an account of each of the State
5		banks. In case more than one examination of any bank is
6		deemed by the Secretary to be necessary in any
7		examination frequency cycle specified in subsection
8		2(a) of this Section, and is performed at his
9		direction, the Secretary may assess a reasonable
10		additional fee to recover the cost of the additional
11		examination. In lieu of the method and amounts set
12		forth in this paragraph (a) for the calculation of the
13		Call Report Fee, the Secretary may specify by rule
14		that the Call Report Fees provided by this Section may
15		be assessed semiannually or some other period and may
16		provide in the rule the formula to be used for
17		calculating and assessing the periodic Call Report
18		Fees to be paid by State banks.
19		(a-1) If in the opinion of the Commissioner an
20		emergency exists or appears likely, the Commissioner
21		may assign an examiner or examiners to monitor the
22		affairs of a State bank with whatever frequency he
23		deems appropriate, including, but not limited to, a
24		daily basis. The reasonable and necessary expenses of
25		the Commissioner during the period of the monitoring
26		shall be borne by the subject bank. The Commissioner

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1		shall furnish the State bank a statement of time and
2		expenses if requested to do so within 30 days of the
3		conclusion of the monitoring period.
4		(a-2) On and after January 1, 1990, the reasonable
5		and necessary expenses of the Commissioner during
6		examination of the performance of electronic data
7		processing services under subsection (2.5) shall be
8		borne by the banks for which the services are
9		provided. An amount, based upon a fee structure
10		prescribed by the Commissioner, shall be paid by the
11		banks or, after May 31, 1997, branches of out-of-state
12		banks receiving the electronic data processing
13		services along with the Call Report Fee assessed under
14		paragraph (a) of this subsection (3).
15		(a-3) After May 31, 1997, the reasonable and
16		necessary expenses of the Commissioner during
17		examination of the performance of electronic data
18		processing services under subsection (2.5) at or on
19		behalf of branches of out-of-state banks shall be
20		borne by the out-of-state banks, unless those expenses
21		are borne by the state regulatory authorities that
22		chartered the out-of-state banks, as determined by
23		cooperative agreements between the Commissioner and
24		the state regulatory authorities that chartered the
25		out-of-state banks.
26		(b) "Fiscal year" for purposes of this Section 48

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1		is defined as a period beginning July 1 of any year and
2		ending June 30 of the next year. The Commissioner
3		shall receive for each fiscal year, commencing with
4		the fiscal year ending June 30, 1987, a contingent fee
5		equal to the lesser of the aggregate of the fees paid
6		by all State banks under paragraph (a) of subsection
7		(3) for that year, or the amount, if any, whereby the
8		aggregate of the administration expenses, as defined
9		in paragraph (c), for that fiscal year exceeds the sum
10		of the aggregate of the fees payable by all State banks
11		for that year under paragraph (a) of subsection (3),
12		plus any amounts transferred into the Bank and Trust
13		Company Fund from the State Pensions Fund for that
14		year, plus all other amounts collected by the
15		Commissioner for that year under any other provision
16		of this Act, plus the aggregate of all fees collected
17		for that year by the Commissioner under the Corporate
18		Fiduciary Act, excluding the receivership fees
19		provided for in Section 5-10 of the Corporate
20		Fiduciary Act, and the Foreign Banking Office Act. The
21		aggregate amount of the contingent fee thus arrived at
22		for any fiscal year shall be apportioned amongst,
23		assessed upon, and paid by the State banks and foreign
24		banking corporations, respectively, in the same
25		proportion that the fee of each under paragraph (a) of
26		subsection (3), respectively, for that year bears to

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1		the aggregate for that year of the fees collected
2		under paragraph (a) of subsection (3). The aggregate
3		amount of the contingent fee, and the portion thereof
4		to be assessed upon each State bank and foreign
5		banking corporation, respectively, shall be determined
6		by the Commissioner and shall be paid by each,
7		respectively, within 120 days of the close of the
8		period for which the contingent fee is computed and is
9		payable, and the Commissioner shall give 20 days'
10		advance notice of the amount of the contingent fee
11		payable by the State bank and of the date fixed by the
12		Commissioner for payment of the fee.
13		(c) The "administration expenses" for any fiscal
14		year shall mean the ordinary and contingent expenses
15		for that year incident to making the examinations
16		provided for by, and for otherwise administering, this
17		Act, the Corporate Fiduciary Act, excluding the
18		expenses paid from the Corporate Fiduciary
19		Receivership account in the Bank and Trust Company
20		Fund, the Foreign Banking Office Act, the Electronic
21		Fund Transfer Act, and the Illinois Bank Examiners'
22		Education Foundation Act, including all salaries and
23		other compensation paid for personal services rendered
24		for the State by officers or employees of the State,
25		including the Commissioner and the Deputy
26		Commissioners, communication equipment and services,

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1		office furnishings, surety bond premiums, and travel
2		expenses of those officers and employees, employees,
3		expenditures or charges for the acquisition,
4		enlargement or improvement of, or for the use of, any
5		office space, building, or structure, or expenditures
6		for the maintenance thereof or for furnishing heat,
7		light, or power with respect thereto, all to the
8		extent that those expenditures are directly incidental
9		to such examinations or administration. The
10		Commissioner shall not be required by paragraphs (c)
11		or (d-1) of this subsection (3) to maintain in any
12		fiscal year's budget appropriated reserves for accrued
13		vacation and accrued sick leave that is required to be
14		paid to employees of the Commissioner upon termination
15		of their service with the Commissioner in an amount
16		that is more than is reasonably anticipated to be
17		necessary for any anticipated turnover in employees,
18		whether due to normal attrition or due to layoffs,
19		terminations, or resignations.
20		(d) The aggregate of all fees collected by the
21		Secretary under this Act, the Corporate Fiduciary Act,
22		or the Foreign Banking Office Act on and after July 1,
23		1979, shall be paid promptly after receipt of the
24		same, accompanied by a detailed statement thereof,
25		into the State treasury and shall be set apart in a
26		special fund to be known as the "Bank and Trust Company

SB2435 Enrolled - 1064 - LRB102 04062 AMC 14078 b
1		Fund", except as provided in paragraph (c) of
2		subsection (11) of this Section. All earnings received
3		from investments of funds in the Bank and Trust
4		Company Fund shall be deposited in the Bank and Trust
5		Company Fund and may be used for the same purposes as
6		fees deposited in that Fund. The amount from time to
7		time deposited into the Bank and Trust Company Fund
8		shall be used: (i) to offset the ordinary
9		administrative expenses of the Secretary as defined in
10		this Section or (ii) as a credit against fees under
11		paragraph (d-1) of this subsection (3). Nothing in
12		Public Act 81-131 shall prevent continuing the
13		practice of paying expenses involving salaries,
14		retirement, social security, and State-paid insurance
15		premiums of State officers by appropriations from the
16		General Revenue Fund. However, the General Revenue
17		Fund shall be reimbursed for those payments made on
18		and after July 1, 1979, by an annual transfer of funds
19		from the Bank and Trust Company Fund. Moneys in the
20		Bank and Trust Company Fund may be transferred to the
21		Professions Indirect Cost Fund, as authorized under
22		Section 2105-300 of the Department of Professional
23		Regulation Law of the Civil Administrative Code of
24		Illinois.
25		Notwithstanding provisions in the State Finance
26		Act, as now or hereafter amended, or any other law to

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1		the contrary, the Governor may, during any fiscal year
2		through January 10, 2011, from time to time direct the
3		State Treasurer and Comptroller to transfer a
4		specified sum not exceeding 10% of the revenues to be
5		deposited into the Bank and Trust Company Fund during
6		that fiscal year from that Fund to the General Revenue
7		Fund in order to help defray the State's operating
8		costs for the fiscal year. Notwithstanding provisions
9		in the State Finance Act, as now or hereafter amended,
10		or any other law to the contrary, the total sum
11		transferred during any fiscal year through January 10,
12		2011, from the Bank and Trust Company Fund to the
13		General Revenue Fund pursuant to this provision shall
14		not exceed during any fiscal year 10% of the revenues
15		to be deposited into the Bank and Trust Company Fund
16		during that fiscal year. The State Treasurer and
17		Comptroller shall transfer the amounts designated
18		under this Section as soon as may be practicable after
19		receiving the direction to transfer from the Governor.
20		(d-1) Adequate funds shall be available in the
21		Bank and Trust Company Fund to permit the timely
22		payment of administration expenses. In each fiscal
23		year the total administration expenses shall be
24		deducted from the total fees collected by the
25		Commissioner and the remainder transferred into the
26		Cash Flow Reserve Account, unless the balance of the

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1		Cash Flow Reserve Account prior to the transfer equals
2		or exceeds one-fourth of the total initial
3		appropriations from the Bank and Trust Company Fund
4		for the subsequent year, in which case the remainder
5		shall be credited to State banks and foreign banking
6		corporations and applied against their fees for the
7		subsequent year. The amount credited to each State
8		bank and foreign banking corporation shall be in the
9		same proportion as the Call Report Fees paid by each
10		for the year bear to the total Call Report Fees
11		collected for the year. If, after a transfer to the
12		Cash Flow Reserve Account is made or if no remainder is
13		available for transfer, the balance of the Cash Flow
14		Reserve Account is less than one-fourth of the total
15		initial appropriations for the subsequent year and the
16		amount transferred is less than 5% of the total Call
17		Report Fees for the year, additional amounts needed to
18		make the transfer equal to 5% of the total Call Report
19		Fees for the year shall be apportioned amongst,
20		assessed upon, and paid by the State banks and foreign
21		banking corporations in the same proportion that the
22		Call Report Fees of each, respectively, for the year
23		bear to the total Call Report Fees collected for the
24		year. The additional amounts assessed shall be
25		transferred into the Cash Flow Reserve Account. For
26		purposes of this paragraph (d-1), the calculation of

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1		the fees collected by the Commissioner shall exclude
2		the receivership fees provided for in Section 5-10 of
3		the Corporate Fiduciary Act.
4		(e) The Commissioner may upon request certify to
5		any public record in his keeping and shall have
6		authority to levy a reasonable charge for issuing
7		certifications of any public record in his keeping.
8		(f) In addition to fees authorized elsewhere in
9		this Act, the Commissioner may, in connection with a
10		review, approval, or provision of a service, levy a
11		reasonable charge to recover the cost of the review,
12		approval, or service.
13		(4) Nothing contained in this Act shall be construed
14		to limit the obligation relative to examinations and
15		reports of any State bank, deposits in which are to any
16		extent insured by the United States or any agency thereof,
17		nor to limit in any way the powers of the Commissioner with
18		reference to examinations and reports of that bank.
19		(5) The nature and condition of the assets in or
20		investment of any bonus, pension, or profit sharing plan
21		for officers or employees of every State bank or, after
22		May 31, 1997, branch of an out-of-state bank shall be
23		deemed to be included in the affairs of that State bank or
24		branch of an out-of-state bank subject to examination by
25		the Commissioner under the provisions of subsection (2) of
26		this Section, and if the Commissioner shall find from an

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1		examination that the condition of or operation of the
2		investments or assets of the plan is unlawful, fraudulent,
3		or unsafe, or that any trustee has abused his trust, the
4		Commissioner shall, if the situation so found by the
5		Commissioner shall not be corrected to his satisfaction
6		within 60 days after the Commissioner has given notice to
7		the board of directors of the State bank or out-of-state
8		bank of his findings, report the facts to the Attorney
9		General who shall thereupon institute proceedings against
10		the State bank or out-of-state bank, the board of
11		directors thereof, or the trustees under such plan as the
12		nature of the case may require.
13		(6) The Commissioner shall have the power:
14		(a) To promulgate reasonable rules for the purpose
15		of administering the provisions of this Act.
16		(a-5) To impose conditions on any approval issued
17		by the Commissioner if he determines that the
18		conditions are necessary or appropriate. These
19		conditions shall be imposed in writing and shall
20		continue in effect for the period prescribed by the
21		Commissioner.
22		(b) To issue orders against any person, if the
23		Commissioner has reasonable cause to believe that an
24		unsafe or unsound banking practice has occurred, is
25		occurring, or is about to occur, if any person has
26		violated, is violating, or is about to violate any

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1		law, rule, or written agreement with the Commissioner,
2		or for the purpose of administering the provisions of
3		this Act and any rule promulgated in accordance with
4		this Act.
5		(b-1) To enter into agreements with a bank
6		establishing a program to correct the condition of the
7		bank or its practices.
8		(c) To appoint hearing officers to execute any of
9		the powers granted to the Commissioner under this
10		Section for the purpose of administering this Act and
11		any rule promulgated in accordance with this Act and
12		otherwise to authorize, in writing, an officer or
13		employee of the Office of Banks and Real Estate to
14		exercise his powers under this Act.
15		(d) To subpoena witnesses, to compel their
16		attendance, to administer an oath, to examine any
17		person under oath, and to require the production of
18		any relevant books, papers, accounts, and documents in
19		the course of and pursuant to any investigation being
20		conducted, or any action being taken, by the
21		Commissioner in respect of any matter relating to the
22		duties imposed upon, or the powers vested in, the
23		Commissioner under the provisions of this Act or any
24		rule promulgated in accordance with this Act.
25		(e) To conduct hearings.
26		(7) Whenever, in the opinion of the Secretary, any

SB2435 Enrolled - 1070 - LRB102 04062 AMC 14078 b
1		director, officer, employee, or agent of a State bank or
2		any subsidiary or bank holding company of the bank or,
3		after May 31, 1997, of any branch of an out-of-state bank
4		or any subsidiary or bank holding company of the bank
5		shall have violated any law, rule, or order relating to
6		that bank or any subsidiary or bank holding company of the
7		bank, shall have obstructed or impeded any examination or
8		investigation by the Secretary, shall have engaged in an
9		unsafe or unsound practice in conducting the business of
10		that bank or any subsidiary or bank holding company of the
11		bank, or shall have violated any law or engaged or
12		participated in any unsafe or unsound practice in
13		connection with any financial institution or other
14		business entity such that the character and fitness of the
15		director, officer, employee, or agent does not assure
16		reasonable promise of safe and sound operation of the
17		State bank, the Secretary may issue an order of removal.
18		If, in the opinion of the Secretary, any former director,
19		officer, employee, or agent of a State bank or any
20		subsidiary or bank holding company of the bank, prior to
21		the termination of his or her service with that bank or any
22		subsidiary or bank holding company of the bank, violated
23		any law, rule, or order relating to that State bank or any
24		subsidiary or bank holding company of the bank, obstructed
25		or impeded any examination or investigation by the
26		Secretary, engaged in an unsafe or unsound practice in

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1		conducting the business of that bank or any subsidiary or
2		bank holding company of the bank, or violated any law or
3		engaged or participated in any unsafe or unsound practice
4		in connection with any financial institution or other
5		business entity such that the character and fitness of the
6		director, officer, employee, or agent would not have
7		assured reasonable promise of safe and sound operation of
8		the State bank, the Secretary may issue an order
9		prohibiting that person from further service with a bank
10		or any subsidiary or bank holding company of the bank as a
11		director, officer, employee, or agent. An order issued
12		pursuant to this subsection shall be served upon the
13		director, officer, employee, or agent. A copy of the order
14		shall be sent to each director of the bank affected by
15		registered mail. A copy of the order shall also be served
16		upon the bank of which he is a director, officer,
17		employee, or agent, whereupon he shall cease to be a
18		director, officer, employee, or agent of that bank. The
19		Secretary may institute a civil action against the
20		director, officer, or agent of the State bank or, after
21		May 31, 1997, of the branch of the out-of-state bank
22		against whom any order provided for by this subsection (7)
23		of this Section 48 has been issued, and against the State
24		bank or, after May 31, 1997, out-of-state bank, to enforce
25		compliance with or to enjoin any violation of the terms of
26		the order. Any person who has been the subject of an order

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1		of removal or an order of prohibition issued by the
2		Secretary under this subsection or Section 5-6 of the
3		Corporate Fiduciary Act may not thereafter serve as
4		director, officer, employee, or agent of any State bank or
5		of any branch of any out-of-state bank, or of any
6		corporate fiduciary, as defined in Section 1-5.05 of the
7		Corporate Fiduciary Act, or of any other entity that is
8		subject to licensure or regulation by the Division of
9		Banking unless the Secretary has granted prior approval in
10		writing.
11		For purposes of this paragraph (7), "bank holding
12		company" has the meaning prescribed in Section 2 of the
13		Illinois Bank Holding Company Act of 1957.
14		(7.5) Notwithstanding the provisions of this Section,
15		the Secretary shall not:
16		(1) issue an order against a State bank or any
17		subsidiary organized under this Act for unsafe or
18		unsound banking practices solely because the entity
19		provides or has provided financial services to a
20		cannabis-related legitimate business;
21		(2) prohibit, penalize, or otherwise discourage a
22		State bank or any subsidiary from providing financial
23		services to a cannabis-related legitimate business
24		solely because the entity provides or has provided
25		financial services to a cannabis-related legitimate
26		business;

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1		(3) recommend, incentivize, or encourage a State
2		bank or any subsidiary not to offer financial services
3		to an account holder or to downgrade or cancel the
4		financial services offered to an account holder solely
5		because:
6		(A) the account holder is a manufacturer or
7		producer, or is the owner, operator, or employee
8		of a cannabis-related legitimate business;
9		(B) the account holder later becomes an owner
10		or operator of a cannabis-related legitimate
11		business; or
12		(C) the State bank or any subsidiary was not
13		aware that the account holder is the owner or
14		operator of a cannabis-related legitimate
15		business; and
16		(4) take any adverse or corrective supervisory
17		action on a loan made to an owner or operator of:
18		(A) a cannabis-related legitimate business
19		solely because the owner or operator owns or
20		operates a cannabis-related legitimate business;
21		or
22		(B) real estate or equipment that is leased to
23		a cannabis-related legitimate business solely
24		because the owner or operator of the real estate
25		or equipment leased the equipment or real estate
26		to a cannabis-related legitimate business.

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1		(8) The Commissioner may impose civil penalties of up
2		to $100,000 against any person for each violation of any
3		provision of this Act, any rule promulgated in accordance
4		with this Act, any order of the Commissioner, or any other
5		action which in the Commissioner's discretion is an unsafe
6		or unsound banking practice.
7		(9) The Commissioner may impose civil penalties of up
8		to $100 against any person for the first failure to comply
9		with reporting requirements set forth in the report of
10		examination of the bank and up to $200 for the second and
11		subsequent failures to comply with those reporting
12		requirements.
13		(10) All final administrative decisions of the
14		Commissioner hereunder shall be subject to judicial review
15		pursuant to the provisions of the Administrative Review
16		Law. For matters involving administrative review, venue
17		shall be in either Sangamon County or Cook County.
18		(11) The endowment fund for the Illinois Bank
19		Examiners' Education Foundation shall be administered as
20		follows:
21		(a) (Blank).
22		(b) The Foundation is empowered to receive
23		voluntary contributions, gifts, grants, bequests, and
24		donations on behalf of the Illinois Bank Examiners'
25		Education Foundation from national banks and other
26		persons for the purpose of funding the endowment of

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1		the Illinois Bank Examiners' Education Foundation.
2		(c) The aggregate of all special educational fees
3		collected by the Secretary and property received by
4		the Secretary on behalf of the Illinois Bank
5		Examiners' Education Foundation under this subsection
6		(11) on or after June 30, 1986, shall be either (i)
7		promptly paid after receipt of the same, accompanied
8		by a detailed statement thereof, into the State
9		Treasury and shall be set apart in a special fund to be
10		known as "The Illinois Bank Examiners' Education Fund"
11		to be invested by either the Treasurer of the State of
12		Illinois in the Public Treasurers' Investment Pool or
13		in any other investment he is authorized to make or by
14		the Illinois State Board of Investment as the State
15		Banking Board of Illinois may direct or (ii) deposited
16		into an account maintained in a commercial bank or
17		corporate fiduciary in the name of the Illinois Bank
18		Examiners' Education Foundation pursuant to the order
19		and direction of the Board of Trustees of the Illinois
20		Bank Examiners' Education Foundation.
21		(12) (Blank).
22		(13) The Secretary may borrow funds from the General
23		Revenue Fund on behalf of the Bank and Trust Company Fund
24		if the Director of Banking certifies to the Governor that
25		there is an economic emergency affecting banking that
26		requires a borrowing to provide additional funds to the

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1		Bank and Trust Company Fund. The borrowed funds shall be
2		paid back within 3 years and shall not exceed the total
3		funding appropriated to the Agency in the previous year.
4		(14) In addition to the fees authorized in this Act,
5		the Secretary may assess reasonable receivership fees
6		against any State bank that does not maintain insurance
7		with the Federal Deposit Insurance Corporation. All fees
8		collected under this subsection (14) shall be paid into
9		the Non-insured Institutions Receivership account in the
10		Bank and Trust Company Fund, as established by the
11		Secretary. The fees assessed under this subsection (14)
12		shall provide for the expenses that arise from the
13		administration of the receivership of any such institution
14		required to pay into the Non-insured Institutions
15		Receivership account, whether pursuant to this Act, the
16		Corporate Fiduciary Act, the Foreign Banking Office Act,
17		or any other Act that requires payments into the
18		Non-insured Institutions Receivership account. The
19		Secretary may establish by rule a reasonable manner of
20		assessing fees under this subsection (14).
21		(Source: P.A. 100-22, eff. 1-1-18; 101-27, eff. 6-25-19;
22		101-275, eff. 8-9-19; revised 9-19-19.)
23		Section 455. The Savings Bank Act is amended by changing
24		Section 1008 as follows:

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1		(205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
2		Sec. 1008. General corporate powers.
3		(a) A savings bank operating under this Act shall be a body
4		corporate and politic and shall have all of the powers
5		conferred by this Act including, but not limited to, the
6		following powers:
7		(1) To sue and be sued, complain, and defend in its
8		corporate name and to have a common seal, which it may
9		alter or renew at pleasure.
10		(2) To obtain and maintain insurance by a deposit
11		insurance corporation as defined in this Act.
12		(3) To act as a fiscal agent for the United States, the
13		State of Illinois or any department, branch, arm, or
14		agency of the State or any unit of local government or
15		school district in the State, when duly designated for
16		that purpose, and as agent to perform reasonable functions
17		as may be required of it.
18		(4) To become a member of or deal with any corporation
19		or agency of the United States or the State of Illinois, to
20		the extent that the agency assists in furthering or
21		facilitating its purposes or powers and to that end to
22		purchase stock or securities thereof or deposit money
23		therewith, and to comply with any other conditions of
24		membership or credit.
25		(5) To make donations in reasonable amounts for the
26		public welfare or for charitable, scientific, religious,

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1		or educational purposes.
2		(6) To adopt and operate reasonable insurance, bonus,
3		profit sharing, and retirement plans for officers and
4		employees and for directors including, but not limited to,
5		advisory, honorary, and emeritus directors, who are not
6		officers or employees.
7		(7) To reject any application for membership; to
8		retire deposit accounts by enforced retirement as provided
9		in this Act and the bylaws; and to limit the issuance of,
10		or payments on, deposit accounts, subject, however, to
11		contractual obligations.
12		(8) To purchase stock or membership interests in
13		service corporations and to invest in any form of
14		indebtedness of any service corporation as defined in this
15		Act, subject to regulations of the Secretary.
16		(9) To purchase stock of a corporation whose principal
17		purpose is to operate a safe deposit company or escrow
18		service company.
19		(10) To exercise all the powers necessary to qualify
20		as a trustee or custodian under federal or State law,
21		provided that the authority to accept and execute trusts
22		is subject to the provisions of the Corporate Fiduciary
23		Act and to the supervision of those activities by the
24		Secretary.
25		(11) (Blank).
26		(12) To establish, maintain, and operate terminals as

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1		authorized by the Electronic Fund Transfer Act.
2		(13) To pledge its assets:
3		(A) to enable it to act as agent for the sale of
4		obligations of the United States;
5		(B) to secure deposits;
6		(C) to secure deposits of money whenever required
7		by the National Bankruptcy Act;
8		(D) (blank); and
9		(E) to secure trust funds commingled with the
10		savings bank's funds, whether deposited by the savings
11		bank or an affiliate of the savings bank, as required
12		under Section 2-8 of the Corporate Fiduciary Act.
13		(14) To accept for payment at a future date not to
14		exceed one year from the date of acceptance, drafts drawn
15		upon it by its customers; and to issue, advise, or confirm
16		letters of credit authorizing holders thereof to draw
17		drafts upon it or its correspondents.
18		(15) Subject to the regulations of the Secretary, to
19		own and lease personal property acquired by the savings
20		bank at the request of a prospective lessee and, upon the
21		agreement of that person, to lease the personal property.
22		(16) To establish temporary service booths at any
23		International Fair in this State that is approved by the
24		United States Department of Commerce for the duration of
25		the international fair for the purpose of providing a
26		convenient place for foreign trade customers to exchange

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1		their home countries' currency into United States currency
2		or the converse. To provide temporary periodic service to
3		persons residing in a bona fide nursing home, senior
4		citizens' retirement home, or long-term care facility.
5		These powers shall not be construed as establishing a new
6		place or change of location for the savings bank providing
7		the service booth.
8		(17) To indemnify its officers, directors, employees,
9		and agents, as authorized for corporations under Section
10		8.75 of the Business Corporation Corporations Act of 1983.
11		(18) To provide data processing services to others on
12		a for-profit basis.
13		(19) To utilize any electronic technology to provide
14		customers with home banking services.
15		(20) Subject to the regulations of the Secretary, to
16		enter into an agreement to act as a surety.
17		(21) Subject to the regulations of the Secretary, to
18		issue credit cards, extend credit therewith, and otherwise
19		engage in or participate in credit card operations.
20		(22) To purchase for its own account shares of stock
21		of a bankers' bank, described in Section 13(b)(1) of the
22		Illinois Banking Act, on the same terms and conditions as
23		a bank may purchase such shares. In no event shall the
24		total amount of such stock held by a savings bank in such
25		bankers' bank exceed 10% of its capital and surplus
26		(including undivided profits) and in no event shall a

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1		savings bank acquire more than 5% of any class of voting
2		securities of such bankers' bank.
3		(23) With respect to affiliate facilities:
4		(A) to conduct at affiliate facilities any of the
5		following transactions for and on behalf of any
6		affiliated depository institution, if so authorized by
7		the affiliate or affiliates: receiving deposits;
8		renewing deposits; cashing and issuing checks, drafts,
9		money orders, travelers checks, or similar
10		instruments; changing money; receiving payments on
11		existing indebtedness; and conducting ministerial
12		functions with respect to loan applications, servicing
13		loans, and providing loan account information; and
14		(B) to authorize an affiliated depository
15		institution to conduct for and on behalf of it, any of
16		the transactions listed in this subsection at one or
17		more affiliate facilities.
18		A savings bank intending to conduct or to authorize an
19		affiliated depository institution to conduct at an
20		affiliate facility any of the transactions specified in
21		this subsection shall give written notice to the Secretary
22		at least 30 days before any such transaction is conducted
23		at an affiliate facility. All conduct under this
24		subsection shall be on terms consistent with safe and
25		sound banking practices and applicable law.
26		(24) Subject to Article XLIV of the Illinois Insurance

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1		Code, to act as the agent for any fire, life, or other
2		insurance company authorized by the State of Illinois, by
3		soliciting and selling insurance and collecting premiums
4		on policies issued by such company; and may receive for
5		services so rendered such fees or commissions as may be
6		agreed upon between the said savings bank and the
7		insurance company for which it may act as agent; provided,
8		however, that no such savings bank shall in any case
9		assume or guarantee the payment of any premium on
10		insurance policies issued through its agency by its
11		principal; and provided further, that the savings bank
12		shall not guarantee the truth of any statement made by an
13		assured in filing his application for insurance.
14		(25) To become a member of the Federal Home Loan Bank
15		and to have the powers granted to a savings association
16		organized under the Illinois Savings and Loan Act of 1985
17		or the laws of the United States, subject to regulations
18		of the Secretary.
19		(26) To offer any product or service that is at the
20		time authorized or permitted to a bank by applicable law,
21		but subject always to the same limitations and
22		restrictions that are applicable to the bank for the
23		product or service by such applicable law and subject to
24		the applicable provisions of the Financial Institutions
25		Insurance Sales Law and rules of the Secretary.
26		(b) If this Act or the regulations adopted under this Act

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1		fail to provide specific guidance in matters of corporate
2		governance, the provisions of the Business Corporation Act of
3		1983 may be used, or if the savings bank is a limited liability
4		company, the provisions of the Limited Liability Company Act
5		shall be used.
6		(c) A savings bank may be organized as a limited liability
7		company, may convert to a limited liability company, or may
8		merge with and into a limited liability company, under the
9		applicable laws of this State and of the United States,
10		including any rules promulgated thereunder. A savings bank
11		organized as a limited liability company shall be subject to
12		the provisions of the Limited Liability Company Act in
13		addition to this Act, provided that if a provision of the
14		Limited Liability Company Act conflicts with a provision of
15		this Act or with any rule of the Secretary, the provision of
16		this Act or the rule of the Secretary shall apply.
17		Any filing required to be made under the Limited Liability
18		Company Act shall be made exclusively with the Secretary, and
19		the Secretary shall possess the exclusive authority to
20		regulate the savings bank as provided in this Act.
21		Any organization as, conversion to, and merger with or
22		into a limited liability company shall be subject to the prior
23		approval of the Secretary.
24		A savings bank that is a limited liability company shall
25		be subject to all of the provisions of this Act in the same
26		manner as a savings bank that is organized in stock form.

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1		The Secretary may promulgate rules to ensure that a
2		savings bank that is a limited liability company (i) is
3		operating in a safe and sound manner and (ii) is subject to the
4		Secretary's authority in the same manner as a savings bank
5		that is organized in stock form.
6		(Source: P.A. 97-492, eff. 1-1-12; revised 8-23-19.)
7		Section 460. The Illinois Credit Union Act is amended by
8		changing Sections 9 and 46 as follows:
9		(205 ILCS 305/9) (from Ch. 17, par. 4410)
10		Sec. 9. Reports and examinations.
11		(1) Credit unions shall report to the Department on forms
12		supplied by the Department, in accordance with a schedule
13		published by the Department. A recapitulation of the annual
14		reports shall be compiled and published annually by the
15		Department, for the use of the General Assembly, credit
16		unions, various educational institutions and other interested
17		parties. A credit union which fails to file any report when due
18		shall pay to the Department a late filing fee for each day the
19		report is overdue as prescribed by rule. The Secretary may
20		extend the time for filing a report.
21		(2) The Secretary may require special examinations of and
22		special financial reports from a credit union or a credit
23		union organization in which a credit union loans, invests, or
24		delegates substantially all managerial duties and

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1		responsibilities when he determines that such examinations and
2		reports are necessary to enable the Department to determine
3		the safety of a credit union's operation or its solvency. The
4		cost to the Department of the aforesaid special examinations
5		shall be borne by the credit union being examined as
6		prescribed by rule.
7		(3) All credit unions incorporated under this Act shall be
8		examined at least biennially by the Department or, at the
9		discretion of the Secretary, by a public accountant registered
10		by the Department of Financial and Professional Regulation.
11		The costs of an examination shall be paid by the credit union.
12		The scope of all examinations by a public accountant shall be
13		at least equal to the examinations made by the Department. The
14		examiners shall have full access to, and may compel the
15		production of, all the books, papers, securities and accounts
16		of any credit union. A special examination shall be made by the
17		Department or by a public accountant approved by the
18		Department upon written request of 5 or more members, who
19		guarantee the expense of the same. Any credit union refusing
20		to submit to an examination when ordered by the Department
21		shall be reported to the Attorney General, who shall institute
22		proceedings to have its charter revoked. If the Secretary
23		determines that the examination of a credit union is to be
24		conducted by a public accountant registered by the Department
25		of Financial and Professional Regulation and the examination
26		is done in conjunction with the credit union's external

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1		independent audit of financial statements, the requirements of
2		this Section and subsection (3) of Section 34 shall be deemed
3		met.
4		(3.5) Pursuant to Section 8, the Secretary shall adopt
5		rules that ensure consistency and due process in the
6		examination process. The Secretary may also establish
7		guidelines that (i) define the scope of the examination
8		process and (ii) clarify examination items to be resolved. The
9		rules, formal guidance, interpretive interpretative letters,
10		or opinions furnished to credit unions by the Secretary may be
11		relied upon by the credit unions.
12		(4) A copy of the completed report of examination and a
13		review comment letter, if any, citing exceptions revealed
14		during the examination, shall be submitted to the credit union
15		by the Department. A detailed report stating the corrective
16		actions taken by the board of directors on each exception set
17		forth in the review comment letter shall be filed with the
18		Department within 40 days after the date of the review comment
19		letter, or as otherwise directed by the Department. Any credit
20		union through its officers, directors, committee members or
21		employees, which willfully provides fraudulent or misleading
22		information regarding the corrective actions taken on
23		exceptions appearing in a review comment letter may have its
24		operations restricted to the collection of principal and
25		interest on loans outstanding and the payment of normal
26		expenses and salaries until all exceptions are corrected and

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1		accepted by the Department.
2		(Source: P.A. 97-133, eff. 1-1-12; 98-784, eff. 7-24-14;
3		revised 8-23-19.)
4		(205 ILCS 305/46) (from Ch. 17, par. 4447)
5		Sec. 46. Loans and interest rate.
6		(1) A credit union may make loans to its members for such
7		purpose and upon such security and terms, including rates of
8		interest, as the credit committee, credit manager, or loan
9		officer approves. Notwithstanding the provisions of any other
10		law in connection with extensions of credit, a credit union
11		may elect to contract for and receive interest and fees and
12		other charges for extensions of credit subject only to the
13		provisions of this Act and rules promulgated under this Act,
14		except that extensions of credit secured by residential real
15		estate shall be subject to the laws applicable thereto. The
16		rates of interest to be charged on loans to members shall be
17		set by the board of directors of each individual credit union
18		in accordance with Section 30 of this Act and such rates may be
19		less than, but may not exceed, the maximum rate set forth in
20		this Section. A borrower may repay his loan prior to maturity,
21		in whole or in part, without penalty. A prepayment penalty
22		does not include a waived, bona fide third-party charge that
23		the credit union imposes if the borrower prepays all of the
24		transaction's principal sooner than 36 months after
25		consummation of a closed-end credit transaction, a waived,

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1		bona fide third-party charge that the credit union imposes if
2		the borrower terminates an open-end credit plan sooner than 36
3		months after account opening, or a yield maintenance fee
4		imposed on a business loan transaction. The credit contract
5		may provide for the payment by the member and receipt by the
6		credit union of all costs and disbursements, including
7		reasonable attorney's fees and collection agency charges,
8		incurred by the credit union to collect or enforce the debt in
9		the event of a delinquency by the member, or in the event of a
10		breach of any obligation of the member under the credit
11		contract. A contingency or hourly arrangement established
12		under an agreement entered into by a credit union with an
13		attorney or collection agency to collect a loan of a member in
14		default shall be presumed prima facie reasonable.
15		(2) Credit unions may make loans based upon the security
16		of any interest or equity in real estate, subject to rules and
17		regulations promulgated by the Secretary. In any contract or
18		loan which is secured by a mortgage, deed of trust, or
19		conveyance in the nature of a mortgage, on residential real
20		estate, the interest which is computed, calculated, charged,
21		or collected pursuant to such contract or loan, or pursuant to
22		any regulation or rule promulgated pursuant to this Act, may
23		not be computed, calculated, charged or collected for any
24		period of time occurring after the date on which the total
25		indebtedness, with the exception of late payment penalties, is
26		paid in full.

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1		For purposes of this subsection (2) of this Section 46, a
2		prepayment shall mean the payment of the total indebtedness,
3		with the exception of late payment penalties if incurred or
4		charged, on any date before the date specified in the contract
5		or loan agreement on which the total indebtedness shall be
6		paid in full, or before the date on which all payments, if
7		timely made, shall have been made. In the event of a prepayment
8		of the indebtedness which is made on a date after the date on
9		which interest on the indebtedness was last computed,
10		calculated, charged, or collected but before the next date on
11		which interest on the indebtedness was to be calculated,
12		computed, charged, or collected, the lender may calculate,
13		charge and collect interest on the indebtedness for the period
14		which elapsed between the date on which the prepayment is made
15		and the date on which interest on the indebtedness was last
16		computed, calculated, charged or collected at a rate equal to
17		1/360 of the annual rate for each day which so elapsed, which
18		rate shall be applied to the indebtedness outstanding as of
19		the date of prepayment. The lender shall refund to the
20		borrower any interest charged or collected which exceeds that
21		which the lender may charge or collect pursuant to the
22		preceding sentence.
23		(3) (Blank).
24		(4) Notwithstanding any other provisions of this Act, a
25		credit union authorized under this Act to make loans secured
26		by an interest or equity in real property may engage in making

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1		revolving credit loans secured by mortgages or deeds of trust
2		on such real property or by security assignments of beneficial
3		interests in land trusts.
4		For purposes of this Section, "revolving credit" has the
5		meaning defined in Section 4.1 of the Interest Act.
6		Any mortgage or deed of trust given to secure a revolving
7		credit loan may, and when so expressed therein shall, secure
8		not only the existing indebtedness but also such future
9		advances, whether such advances are obligatory or to be made
10		at the option of the lender, or otherwise, as are made within
11		20 twenty years from the date thereof, to the same extent as if
12		such future advances were made on the date of the execution of
13		such mortgage or deed of trust, although there may be no
14		advance made at the time of execution of such mortgage or other
15		instrument, and although there may be no indebtedness
16		outstanding at the time any advance is made. The lien of such
17		mortgage or deed of trust, as to third persons without actual
18		notice thereof, shall be valid as to all such indebtedness and
19		future advances from form the time said mortgage or deed of
20		trust is filed for record in the office of the recorder of
21		deeds or the registrar of titles of the county where the real
22		property described therein is located. The total amount of
23		indebtedness that may be so secured may increase or decrease
24		from time to time, but the total unpaid balance so secured at
25		any one time shall not exceed a maximum principal amount which
26		must be specified in such mortgage or deed of trust, plus

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1		interest thereon, and any disbursements made for the payment
2		of taxes, special assessments, or insurance on said real
3		property, with interest on such disbursements.
4		Any such mortgage or deed of trust shall be valid and have
5		priority over all subsequent liens and encumbrances, including
6		statutory liens, except taxes and assessments levied on said
7		real property.
8		(4-5) For purposes of this Section, "real estate" and
9		"real property" include a manufactured home as defined in
10		subdivision (53) of Section 9-102 of the Uniform Commercial
11		Code which is real property as defined in Section 5-35 of the
12		Conveyance and Encumbrance of Manufactured Homes as Real
13		Property and Severance Act.
14		(5) Compliance with federal or Illinois preemptive laws or
15		regulations governing loans made by a credit union chartered
16		under this Act shall constitute compliance with this Act.
17		(6) Credit unions may make residential real estate
18		mortgage loans on terms and conditions established by the
19		United States Department of Agriculture through its Rural
20		Development Housing and Community Facilities Program. The
21		portion of any loan in excess of the appraised value of the
22		real estate shall be allocable only to the guarantee fee
23		required under the program.
24		(7) For a renewal, refinancing, or restructuring of an
25		existing loan at the credit union that is secured by an
26		interest or equity in real estate, a new appraisal of the

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1		collateral shall not be required when (i) no new moneys are
2		advanced other than funds necessary to cover reasonable
3		closing costs, or (ii) there has been no obvious or material
4		change in market conditions or physical aspects of the real
5		estate that threatens the adequacy of the credit union's real
6		estate collateral protection after the transaction, even with
7		the advancement of new moneys. The Department reserves the
8		right to require an appraisal under this subsection (7)
9		whenever the Department believes it is necessary to address
10		safety and soundness concerns.
11		(Source: P.A. 99-78, eff. 7-20-15; 99-149, eff. 1-1-16;
12		99-331, eff. 1-1-16; 99-614, eff. 7-22-16; 99-642, eff.
13		7-28-16; 100-201, eff. 8-18-17; revised 8-23-19.)
14		Section 465. The Community Living Facilities Licensing Act
15		is amended by changing Section 5.5 as follows:
16		(210 ILCS 35/5.5)
17		Sec. 5.5. Closed captioning required. A Community Living
18		Facility licensed under this Act must make reasonable efforts
19		to have activated at all times the closed captioning feature
20		on a television in a common area provided for use by the
21		general public or in a resident's room, or enable the closed
22		captioning feature when requested to do so by a member of the
23		general public or a resident, if the television includes a
24		closed captioning feature.

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1		It is not a violation of this Section if the closed
2		captioning feature is deactivated by a member of the Community
3		Living Facility's staff after such feature is enabled in a
4		common area or in a resident's room unless the deactivation of
5		the closed captioning feature is knowing or intentional. It is
6		not a violation of this Section if the closed captioning
7		feature is deactivated by a member of the general public, a
8		resident, or a member of the a Community Living Facility's
9		staff at the request of a resident of the Community Living
10		Facility licensed under this Act.
11		If a Community Living Facility licensed under this Act
12		does not have a television in a common area that includes a
13		closed captioning feature, then the Community Living Facility
14		licensed under this Act must ensure that all televisions
15		obtained for common areas after January 1, 2020 (the effective
16		date of Public Act 101-116) this amendatory Act of the 101st
17		General Assembly include a closed captioning feature. This
18		Section does not affect any other provision of law relating to
19		disability discrimination or providing reasonable
20		accommodations or diminish the rights of a person with a
21		disability under any other law. Nothing in this Section shall
22		apply to televisions that are privately owned by a resident or
23		third party and not owned by the Community Living Facility.
24		As used in this Section, "closed captioning" means a text
25		display of spoken words presented on a television that allows
26		a deaf or hard of hearing viewer to follow the dialogue and the

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1		action of a program simultaneously.
2		(Source: P.A. 101-116, eff. 1-1-20; revised 9-26-19.)
3		Section 470. The Specialized Mental Health Rehabilitation
4		Act of 2013 is amended by changing Section 2-101 as follows:
5		(210 ILCS 49/2-101)
6		Sec. 2-101. Standards for facilities.
7		(a) The Department shall, by rule, prescribe minimum
8		standards for each level of care for facilities to be in place
9		during the provisional licensure period and thereafter. These
10		standards shall include, but are not limited to, the
11		following:
12		(1) life safety standards that will ensure the health,
13		safety and welfare of residents and their protection from
14		hazards;
15		(2) number and qualifications of all personnel,
16		including management and clinical personnel, having
17		responsibility for any part of the care given to
18		consumers; specifically, the Department shall establish
19		staffing ratios for facilities which shall specify the
20		number of staff hours per consumer of care that are needed
21		for each level of care offered within the facility;
22		(3) all sanitary conditions within the facility and
23		its surroundings, including water supply, sewage disposal,
24		food handling, and general hygiene which shall ensure the

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1		health and comfort of consumers;
2		(4) a program for adequate maintenance of physical
3		plant and equipment;
4		(5) adequate accommodations, staff, and services for
5		the number and types of services being offered to
6		consumers for whom the facility is licensed to care;
7		(6) development of evacuation and other appropriate
8		safety plans for use during weather, health, fire,
9		physical plant, environmental, and national defense
10		emergencies;
11		(7) maintenance of minimum financial or other
12		resources necessary to meet the standards established
13		under this Section, and to operate and conduct the
14		facility in accordance with this Act; and
15		(8) standards for coercive free environment,
16		restraint, and therapeutic separation; and .
17		(9) each multiple bedroom shall have at least 55
18		square feet of net floor area per consumer, not including
19		space for closets, bathrooms, and clearly defined entryway
20		areas. A minimum of 3 feet of clearance at the foot and one
21		side of each bed shall be provided.
22		(b) Any requirement contained in administrative rule
23		concerning a percentage of single occupancy rooms shall be
24		calculated based on the total number of licensed or
25		provisionally licensed beds under this Act on January 1, 2019
26		and shall not be calculated on a per-facility basis.

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1		(Source: P.A. 100-1181, eff. 3-8-19; 101-10, eff. 6-5-19;
2		revised 7-17-19.)
3		Section 475. The Emergency Medical Services (EMS) Systems
4		Act is amended by changing Sections 3.50 and 3.233 as follows:
5		(210 ILCS 50/3.50)
6		Sec. 3.50. Emergency Medical Services personnel licensure
7		levels.
8		(a) "Emergency Medical Technician" or "EMT" means a person
9		who has successfully completed a course in basic life support
10		as approved by the Department, is currently licensed by the
11		Department in accordance with standards prescribed by this Act
12		and rules adopted by the Department pursuant to this Act, and
13		practices within an EMS System. A valid Emergency Medical
14		Technician-Basic (EMT-B) license issued under this Act shall
15		continue to be valid and shall be recognized as an Emergency
16		Medical Technician (EMT) license until the Emergency Medical
17		Technician-Basic (EMT-B) license expires.
18		(b) "Emergency Medical Technician-Intermediate" or "EMT-I"
19		means a person who has successfully completed a course in
20		intermediate life support as approved by the Department, is
21		currently licensed by the Department in accordance with
22		standards prescribed by this Act and rules adopted by the
23		Department pursuant to this Act, and practices within an
24		Intermediate or Advanced Life Support EMS System.

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1		(b-5) "Advanced Emergency Medical Technician" or "A-EMT"
2		means a person who has successfully completed a course in
3		basic and limited advanced emergency medical care as approved
4		by the Department, is currently licensed by the Department in
5		accordance with standards prescribed by this Act and rules
6		adopted by the Department pursuant to this Act, and practices
7		within an Intermediate or Advanced Life Support EMS System.
8		(c) "Paramedic (EMT-P)" means a person who has
9		successfully completed a course in advanced life support care
10		as approved by the Department, is licensed by the Department
11		in accordance with standards prescribed by this Act and rules
12		adopted by the Department pursuant to this Act, and practices
13		within an Advanced Life Support EMS System. A valid Emergency
14		Medical Technician-Paramedic (EMT-P) license issued under this
15		Act shall continue to be valid and shall be recognized as a
16		Paramedic license until the Emergency Medical
17		Technician-Paramedic (EMT-P) license expires.
18		(c-5) "Emergency Medical Responder" or "EMR (First
19		Responder)" means a person who has successfully completed a
20		course in emergency medical response as approved by the
21		Department and provides emergency medical response services
22		prior to the arrival of an ambulance or specialized emergency
23		medical services vehicle, in accordance with the level of care
24		established by the National EMS Educational Standards
25		Emergency Medical Responder course as modified by the
26		Department. An Emergency Medical Responder who provides

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1		services as part of an EMS System response plan shall comply
2		with the applicable sections of the Program Plan, as approved
3		by the Department, of that EMS System. The Department shall
4		have the authority to adopt rules governing the curriculum,
5		practice, and necessary equipment applicable to Emergency
6		Medical Responders.
7		On August 15, 2014 (the effective date of Public Act
8		98-973), a person who is licensed by the Department as a First
9		Responder and has completed a Department-approved course in
10		first responder defibrillator training based on, or equivalent
11		to, the National EMS Educational Standards or other standards
12		previously recognized by the Department shall be eligible for
13		licensure as an Emergency Medical Responder upon meeting the
14		licensure requirements and submitting an application to the
15		Department. A valid First Responder license issued under this
16		Act shall continue to be valid and shall be recognized as an
17		Emergency Medical Responder license until the First Responder
18		license expires.
19		(c-10) All EMS Systems and licensees shall be fully
20		compliant with the National EMS Education Standards, as
21		modified by the Department in administrative rules, within 24
22		months after the adoption of the administrative rules.
23		(d) The Department shall have the authority and
24		responsibility to:
25		(1) Prescribe education and training requirements,
26		which includes training in the use of epinephrine, for all

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1		levels of EMS personnel except for EMRs, based on the
2		National EMS Educational Standards and any modifications
3		to those curricula specified by the Department through
4		rules adopted pursuant to this Act.
5		(2) Prescribe licensure testing requirements for all
6		levels of EMS personnel, which shall include a requirement
7		that all phases of instruction, training, and field
8		experience be completed before taking the appropriate
9		licensure examination. Candidates may elect to take the
10		appropriate National Registry examination in lieu of the
11		Department's examination, but are responsible for making
12		their own arrangements for taking the National Registry
13		examination. In prescribing licensure testing requirements
14		for honorably discharged members of the armed forces of
15		the United States under this paragraph (2), the Department
16		shall ensure that a candidate's military emergency medical
17		training, emergency medical curriculum completed, and
18		clinical experience, as described in paragraph (2.5), are
19		recognized.
20		(2.5) Review applications for EMS personnel licensure
21		from honorably discharged members of the armed forces of
22		the United States with military emergency medical
23		training. Applications shall be filed with the Department
24		within one year after military discharge and shall
25		contain: (i) proof of successful completion of military
26		emergency medical training; (ii) a detailed description of

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1		the emergency medical curriculum completed; and (iii) a
2		detailed description of the applicant's clinical
3		experience. The Department may request additional and
4		clarifying information. The Department shall evaluate the
5		application, including the applicant's training and
6		experience, consistent with the standards set forth under
7		subsections (a), (b), (c), and (d) of Section 3.10. If the
8		application clearly demonstrates that the training and
9		experience meet such standards, the Department shall offer
10		the applicant the opportunity to successfully complete a
11		Department-approved EMS personnel examination for the
12		level of license for which the applicant is qualified.
13		Upon passage of an examination, the Department shall issue
14		a license, which shall be subject to all provisions of
15		this Act that are otherwise applicable to the level of EMS
16		personnel license issued.
17		(3) License individuals as an EMR, EMT, EMT-I, A-EMT,
18		or Paramedic who have met the Department's education,
19		training and examination requirements.
20		(4) Prescribe annual continuing education and
21		relicensure requirements for all EMS personnel licensure
22		levels.
23		(5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
24		A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years,
25		based on their compliance with continuing education and
26		relicensure requirements as required by the Department

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1		pursuant to this Act. Every 4 years, a Paramedic shall
2		have 100 hours of approved continuing education, an EMT-I
3		and an advanced EMT shall have 80 hours of approved
4		continuing education, and an EMT shall have 60 hours of
5		approved continuing education. An Illinois licensed EMR,
6		EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or
7		PHRN whose license has been expired for less than 36
8		months may apply for reinstatement by the Department.
9		Reinstatement shall require that the applicant (i) submit
10		satisfactory proof of completion of continuing medical
11		education and clinical requirements to be prescribed by
12		the Department in an administrative rule; (ii) submit a
13		positive recommendation from an Illinois EMS Medical
14		Director attesting to the applicant's qualifications for
15		retesting; and (iii) pass a Department approved test for
16		the level of EMS personnel license sought to be
17		reinstated.
18		(6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
19		A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
20		qualifies, based on standards and procedures established
21		by the Department in rules adopted pursuant to this Act.
22		(7) Charge a fee for EMS personnel examination,
23		licensure, and license renewal.
24		(8) Suspend, revoke, or refuse to issue or renew the
25		license of any licensee, after an opportunity for an
26		impartial hearing before a neutral administrative law

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1		judge appointed by the Director, where the preponderance
2		of the evidence shows one or more of the following:
3		(A) The licensee has not met continuing education
4		or relicensure requirements as prescribed by the
5		Department;
6		(B) The licensee has failed to maintain
7		proficiency in the level of skills for which he or she
8		is licensed;
9		(C) The licensee, during the provision of medical
10		services, engaged in dishonorable, unethical, or
11		unprofessional conduct of a character likely to
12		deceive, defraud, or harm the public;
13		(D) The licensee has failed to maintain or has
14		violated standards of performance and conduct as
15		prescribed by the Department in rules adopted pursuant
16		to this Act or his or her EMS System's Program Plan;
17		(E) The licensee is physically impaired to the
18		extent that he or she cannot physically perform the
19		skills and functions for which he or she is licensed,
20		as verified by a physician, unless the person is on
21		inactive status pursuant to Department regulations;
22		(F) The licensee is mentally impaired to the
23		extent that he or she cannot exercise the appropriate
24		judgment, skill and safety for performing the
25		functions for which he or she is licensed, as verified
26		by a physician, unless the person is on inactive

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1		status pursuant to Department regulations;
2		(G) The licensee has violated this Act or any rule
3		adopted by the Department pursuant to this Act; or
4		(H) The licensee has been convicted (or entered a
5		plea of guilty or nolo contendere nolo-contendere) by
6		a court of competent jurisdiction of a Class X, Class
7		1, or Class 2 felony in this State or an out-of-state
8		equivalent offense.
9		(9) Prescribe education and training requirements in
10		the administration and use of opioid antagonists for all
11		levels of EMS personnel based on the National EMS
12		Educational Standards and any modifications to those
13		curricula specified by the Department through rules
14		adopted pursuant to this Act.
15		(d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN,
16		PHAPRN, PHPA, or PHRN who is a member of the Illinois National
17		Guard or an Illinois State Trooper or who exclusively serves
18		as a volunteer for units of local government with a population
19		base of less than 5,000 or as a volunteer for a not-for-profit
20		organization that serves a service area with a population base
21		of less than 5,000 may submit an application to the Department
22		for a waiver of the fees described under paragraph (7) of
23		subsection (d) of this Section on a form prescribed by the
24		Department.
25		The education requirements prescribed by the Department
26		under this Section must allow for the suspension of those

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1		requirements in the case of a member of the armed services or
2		reserve forces of the United States or a member of the Illinois
3		National Guard who is on active duty pursuant to an executive
4		order of the President of the United States, an act of the
5		Congress of the United States, or an order of the Governor at
6		the time that the member would otherwise be required to
7		fulfill a particular education requirement. Such a person must
8		fulfill the education requirement within 6 months after his or
9		her release from active duty.
10		(e) In the event that any rule of the Department or an EMS
11		Medical Director that requires testing for drug use as a
12		condition of the applicable EMS personnel license conflicts
13		with or duplicates a provision of a collective bargaining
14		agreement that requires testing for drug use, that rule shall
15		not apply to any person covered by the collective bargaining
16		agreement.
17		(f) At the time of applying for or renewing his or her
18		license, an applicant for a license or license renewal may
19		submit an email address to the Department. The Department
20		shall keep the email address on file as a form of contact for
21		the individual. The Department shall send license renewal
22		notices electronically and by mail to a licensee all licensees
23		who provides provide the Department with his or her email
24		address. The notices shall be sent at least 60 days prior to
25		the expiration date of the license.
26		(Source: P.A. 100-1082, eff. 8-24-19; 101-81, eff. 7-12-19;

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1		101-153, eff. 1-1-20; revised 12-3-19.)
2		(210 ILCS 50/3.233)
3		Sec. 3.233. Opioid overdose reporting.
4		(a) In this Section:
5		"Covered vehicle service provider" means a licensed
6		vehicle service provider that is a municipality with a
7		population of 1,000,000 or greater.
8		"Covered vehicle service provider personnel" means
9		individuals licensed by the Department as an EMT, EMT-I,
10		A-EMT, or EMT-P who are employed by a covered vehicle service
11		provider.
12		"Opioid" means any narcotic containing opium or one or
13		more of its natural or synthetic derivatives.
14		"Overdose" means a physiological event that results in a
15		life-threatening emergency to an individual who ingested,
16		inhaled, injected, or otherwise bodily absorbed an opioid.
17		(b) Covered vehicle service provider personnel who treat
18		and either release or transport to a health care facility an
19		individual experiencing a suspected or an actual overdose
20		shall document in the patient's care report the information
21		specified in subsection (c) within 24 hours of the initial
22		reporting of the incident.
23		(c) A patient care report of an overdose made under this
24		Section shall include:
25		(1) the date and time of the overdose;

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1		(2) the location in latitude and longitude, to no more
2		than 4 decimal places, where the overdose victim was
3		initially encountered by the covered vehicle service
4		provider personnel;
5		(3) whether one or more doses of an opioid overdose
6		reversal drug were was administered; and
7		(4) whether the overdose was fatal or nonfatal when
8		the overdose victim was initially encountered by the
9		covered vehicle service provider personnel and during the
10		transportation of the victim to a health care facility.
11		(d) Upon receipt of a patient care report that documents
12		an overdose, a covered vehicle service provider shall report
13		the information listed under subsection (c) to:
14		(i) the Washington/Baltimore High Intensity Drug
15		Trafficking Area Overdose Detection Mapping Application;
16		or
17		(ii) any similar information technology platform with
18		secure access operated by the federal government or a unit
19		of state or local government, as determined by the covered
20		vehicle service provider.
21		(e) Overdose information reported by a covered vehicle
22		service provider under this Section shall not be used in an
23		opioid use-related criminal investigation or prosecution of
24		the individual who was treated by the covered vehicle service
25		provider personnel for experiencing the suspected or actual
26		overdose.

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1		(f) Covered vehicle service providers or covered vehicle
2		service provider personnel that in good faith make a report
3		under this Section shall be immune from civil or criminal
4		liability for making the report.
5		(Source: P.A. 101-320, eff. 8-9-19; revised 12-3-19.)
6		Section 480. The Mobile Home Park Act is amended by
7		changing Section 9.8 as follows:
8		(210 ILCS 115/9.8) (from Ch. 111 1/2, par. 719.8)
9		Sec. 9.8. Adequate insect and rodent control measures
10		shall be employed. All buildings shall be fly proof and rodent
11		proof, and rodent harborages shall not be permitted to exist
12		in the park or pathways. All mobile homes shall be skirted to
13		exclude rodents and provide protection to the homes' homes
14		utilities from the weather.
15		(Source: P.A. 101-454, eff. 8-23-19; revised 1-25-21.)
16		Section 485. The Safe Pharmaceutical Disposal Act is
17		amended by changing Section 5 as follows:
18		(210 ILCS 150/5)
19		Sec. 5. Definitions. In this Act:
20		"Health care institution" means any public or private
21		institution or agency licensed or certified by State law to
22		provide health care. The term includes hospitals, nursing

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1		homes, residential health care facilities, home health care
2		agencies, hospice programs operating in this State,
3		institutions, facilities, or agencies that provide services to
4		persons with mental health illnesses, and institutions,
5		facilities, or agencies that provide services for persons with
6		developmental disabilities.
7		"Law enforcement agency" means any federal, State, or
8		local law enforcement agency, including a State's Attorney and
9		the Attorney General.
10		"Nurse" means an advanced practice registered nurse,
11		registered nurse, or licensed practical nurse licensed under
12		the Nurse Practice Act.
13		"Public wastewater collection system" means any wastewater
14		collection system regulated by the Environmental Protection
15		Agency.
16		"Unused medication" means any unopened, expired, or excess
17		(including medication unused as a result of the death of the
18		patient) medication that has been dispensed for patient or
19		resident care and that is in a liquid or solid form. The term
20		includes, but is not limited to, suspensions, pills, tablets,
21		capsules, and caplets. For long-term care facilities licensed
22		under the Nursing Home Care Act, "unused medication" does not
23		include any Schedule II controlled substance under federal law
24		in any form, until such time as the federal Drug Enforcement
25		Administration adopts regulations that permit these facilities
26		to dispose of controlled substances in a manner consistent

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1		with this Act.
2		(Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17;
3		100-612, eff. 1-1-19; revised 7-23-19.)
4		Section 490. The Illinois Insurance Code is amended by
5		changing Sections 28.2a, 291.1, 368g, 370c, and 534.3 and by
6		setting forth, renumbering, and changing multiple versions of
7		Section 356z.33 as follows:
8		(215 ILCS 5/28.2a) (from Ch. 73, par. 640.2a)
9		(Section scheduled to be repealed on January 1, 2027)
10		Sec. 28.2a. Proxies.
11		(1) A shareholder may appoint a proxy to vote or otherwise
12		act for him or her by signing an appointment form and
13		delivering it to the person so appointed.
14		(2) No proxy shall be valid after the expiration of 11
15		months from the date thereof unless otherwise provided in the
16		proxy. Every proxy continues in full force and effect until
17		revoked by the person executing it prior to the vote pursuant
18		thereto, except as otherwise provided in this Section. Such
19		revocation may be effected by a writing delivered to the
20		corporation stating that the proxy is revoked or by a
21		subsequent proxy executed by, or by attendance at the meeting
22		and voting in person by, the person executing the proxy. The
23		dates contained on the forms of proxy presumptively determine
24		the order of execution, regardless of the postmark dates on

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1		the envelopes in which they are mailed.
2		(3) An appointment of a proxy is revocable by the
3		shareholder unless the appointment form conspicuously states
4		that it is irrevocable and the appointment is coupled with an
5		interest in the shares or in the corporation generally. By way
6		of example and without limiting the generality of the
7		foregoing, a proxy is coupled with an interest when the proxy
8		appointed is one of the following:
9		(a) a pledgee;
10		(b) a person who has purchased or had agreed to
11		purchase the shares;
12		(c) a creditor of the corporation who has extended it
13		credit under terms requiring the appointment, if the
14		appointment states the purpose for which it was given, the
15		name of the creditor, and the amount of credit extended;
16		or
17		(d) an employee of the corporation whose employment
18		contract requires the appointment, if the appointment
19		states the purpose for which it was given, the name of the
20		employee, and the period of employment.
21		(4) The death or incapacity of the shareholder appointing
22		a proxy does not revoke the proxy's authority unless notice of
23		the death or incapacity is received by the officer or agent who
24		maintains the corporation's share transfer book before the
25		proxy exercises his or her authority under the appointment.
26		(5) An appointment made irrevocable under subsection (3)

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1		becomes revocable when the interest in the proxy terminates
2		such as when the pledge is redeemed, the shares are registered
3		in the purchaser's name, the creditor's debt is paid, the
4		employment contract ends, or the voting agreement expires.
5		(6) A transferee for value of shares subject to an
6		irrevocable appointment may revoke the appointment if the
7		transferee was ignorant of its existence when the shares were
8		acquired and both the existence of the appointment and its
9		revocability were not noted conspicuously on the certificate
10		(or information statement for shares without certificates)
11		representing the shares.
12		(7) Unless the appointment of a proxy contains an express
13		limitation on the proxy's authority, a corporation may accept
14		one proxy's vote or other action as that of the shareholder
15		making the appointment. If the proxy appointed fails to vote
16		or otherwise act in accordance with the appointment, the
17		shareholder is entitled to such legal or equitable relief as
18		is appropriate in the circumstances.
19		(Source: P.A. 84-502; revised 8-23-19.)
20		(215 ILCS 5/291.1) (from Ch. 73, par. 903.1)
21		(Section scheduled to be repealed on January 1, 2027)
22		Sec. 291.1. Organization. A domestic society organized on
23		or after January 1, 1986 (the effective date of Public Act
24		84-303) this amendatory Act shall be formed as follows:
25		(a) Seven or more citizens of the United States, a

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1		majority of whom are citizens of this State, who desire to
2		form a fraternal benefit society may make, sign and
3		acknowledge, before some officer competent to take
4		acknowledgement of deeds, articles of incorporation, in
5		which shall be stated:
6		(1) The proposed corporate name of the society,
7		which shall not so closely resemble the name of any
8		society or insurance company already authorized to
9		transact business in this State as to be misleading or
10		confusing;
11		(2) The place where its principal office shall be
12		located within this State;
13		(3) The purposes for which it is being formed and
14		the mode in which its corporate powers are to be
15		exercised. Such purposes shall not include more
16		liberal powers than are granted by this amendatory
17		Act; and
18		(4) The names and residences of the incorporators
19		and the names, residences and official titles of all
20		the officers, trustees, directors or other persons who
21		are to have and exercise the general control of the
22		management of the affairs and funds of the society for
23		the first year or until the ensuing election, at which
24		all such officers shall be elected by the supreme
25		governing body, which election shall be held not later
26		than one year from the date of issuance of the

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1		permanent certificate of authority;
2		(b) Duplicate originals of the articles of
3		incorporation, certified copies of the society's bylaws
4		and rules, copies of all proposed forms of certificates,
5		applicants and rates therefor, and circulars to be issued
6		by the society and a bond conditioned upon the return to
7		applicants of the advanced payments if the organization is
8		not completed within one year shall be filed with the
9		Director, who may require such further information as the
10		Director deems necessary. The bond with sureties approved
11		by the Director shall be in such amount, not less than
12		$300,000 nor more than $1,500,000, as required by the
13		Director. All documents filed are to be in the English
14		language. If the Director finds that the purposes of the
15		society conform to the requirements of this amendatory Act
16		and all provisions of the law have been complied with, the
17		Director shall approve the articles of incorporation and
18		issue the incorporators a preliminary certificate of
19		authority authorizing the society to solicit members as
20		hereinafter provided;
21		(c) No preliminary certificate of authority issued
22		under the provisions of this Section shall be valid after
23		one year from its date of issue or after such further
24		period, not exceeding one year, as may be authorized by
25		the Director, upon cause shown, unless the 500 applicants
26		hereinafter required have been secured and the

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1		organization has been completed as herein provided. The
2		articles of incorporation and all other proceedings
3		thereunder shall become null and void in one year from the
4		date of the preliminary certificate of authority or at the
5		expiration of the extended period, unless the society
6		shall have completed its organization and received a
7		certificate of authority to do business as hereinafter
8		provided;
9		(d) Upon receipt of a preliminary certificate of
10		authority from the Director, the society may solicit
11		members for the purpose of completing its organization,
12		shall collect from each applicant the amount of not less
13		than one regular monthly premium in accordance with its
14		table of rates and shall issue to each such applicant a
15		receipt for the amount so collected. No society shall
16		incur any liability other than for the return of such
17		advance premium nor issue any certificate nor pay, allow
18		or offer or promise to pay or allow any benefit to any
19		person until:
20		(1) Actual bona fide applications for benefits
21		have been secured on not less than 500 applicants and
22		any necessary evidence of insurability has been
23		furnished to and approved by the society;
24		(2) At least 10 subordinate lodges have been
25		established into which the 500 applicants have been
26		admitted;

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1		(3) There has been submitted to the Director,
2		under oath of the president or secretary, or
3		corresponding officer of the society, a list of such
4		applicants, giving their names, addresses, date each
5		was admitted, name and number of the subordinate lodge
6		of which each applicant is a member, amount of
7		benefits to be granted and premiums therefor;
8		(4) It shall have been shown to the Director, by
9		sworn statement of the treasurer or corresponding
10		officer of such society, that at a least 500
11		applicants have each paid in cash at least one regular
12		monthly premium as herein provided, which premiums in
13		the aggregate shall amount to at least $150,000. Said
14		advance premiums shall be held in trust during the
15		period of organization, and, if the society has not
16		qualified for a certificate of authority within one
17		year unless extended by the Director, as herein
18		provided, such premiums shall be returned to said
19		applicants; and
20		(5) In the case of a domestic society that is
21		organized after January 1, 2015 (the effective date of
22		Public Act 98-814) this amendatory Act of the 98th
23		General Assembly, the society meets the following
24		requirements:
25		(i) maintains a minimum surplus of $2,000,000,
26		or such higher amount as the Director may deem

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1		necessary; and
2		(ii) meets any other requirements as
3		determined by the Director.
4		(e) The Director may make such examination and require
5		such further information as the Director deems necessary.
6		Upon presentation of satisfactory evidence that the
7		society has complied with all the provisions of law, the
8		Director shall issue to the society a certificate of
9		authority to that effect and that the society is
10		authorized to transact business pursuant to the provisions
11		of this amendatory Act; and
12		(f) Any incorporated society authorized to transact
13		business in this State at the time Public Act 84-303 this
14		amendatory Act becomes effective (January 1, 1986) shall
15		not be required to reincorporate.
16		(Source: P.A. 98-814, eff. 1-1-15; revised 8-23-19.)
17		(215 ILCS 5/356z.33)
18		Sec. 356z.33. Coverage for epinephrine injectors. A group
19		or individual policy of accident and health insurance or a
20		managed care plan that is amended, delivered, issued, or
21		renewed on or after January 1, 2020 (the effective date of
22		Public Act 101-281) this amendatory Act of the 101st General
23		Assembly shall provide coverage for medically necessary
24		epinephrine injectors for persons 18 years of age or under. As
25		used in this Section, "epinephrine injector" has the meaning

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1		given to that term in Section 5 of the Epinephrine Injector
2		Act.
3		(Source: P.A. 101-281, eff. 1-1-20; revised 10-16-19.)
4		(215 ILCS 5/356z.34)
5		Sec. 356z.34 356z.33. Coverage for cardiopulmonary
6		monitors. A group or individual policy of accident and health
7		insurance amended, delivered, issued, or renewed after January
8		1, 2020 (the effective date of Public Act 101-218) this
9		amendatory Act of the 101st General Assembly shall provide
10		coverage for cardiopulmonary monitors determined to be
11		medically necessary for a person 18 years old or younger who
12		has had a cardiopulmonary event.
13		(Source: P.A. 101-218, eff. 1-1-20; revised 10-16-19.)
14		(215 ILCS 5/356z.35)
15		Sec. 356z.35 356z.33. Long-term antibiotic therapy for
16		tick-borne diseases.
17		(a) As used in this Section:
18		"Long-term antibiotic therapy" means the administration of
19		oral, intramuscular, or intravenous antibiotics singly or in
20		combination for periods of time in excess of 4 weeks.
21		"Tick-borne disease" means a disease caused when an
22		infected tick bites a person and the tick's saliva transmits
23		an infectious agent (bacteria, viruses, or parasites) that can
24		cause illness, including, but not limited to, the following:

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1		(1) a severe infection with borrelia burgdorferi;
2		(2) a late stage, persistent, or chronic infection or
3		complications related to such an infection;
4		(3) an infection with other strains of borrelia or a
5		tick-borne disease that is recognized by the United States
6		Centers for Disease Control and Prevention; and
7		(4) the presence of signs or symptoms compatible with
8		acute infection of borrelia or other tick-borne diseases.
9		(b) An individual or group policy of accident and health
10		insurance or managed care plan that is amended, delivered,
11		issued, or renewed on or after January 1, 2020 (the effective
12		date of Public Act 101-371) this amendatory Act of the 101st
13		General Assembly shall provide coverage for long-term
14		antibiotic therapy, including necessary office visits and
15		ongoing testing, for a person with a tick-borne disease when
16		determined to be medically necessary and ordered by a
17		physician licensed to practice medicine in all its branches
18		after making a thorough evaluation of the person's symptoms,
19		diagnostic test results, or response to treatment. An
20		experimental drug shall be covered as a long-term antibiotic
21		therapy if it is approved for an indication by the United
22		States Food and Drug Administration. A drug, including an
23		experimental drug, shall be covered for an off-label use in
24		the treatment of a tick-borne disease if the drug has been
25		approved by the United States Food and Drug Administration.
26		(Source: P.A. 101-371, eff. 1-1-20; revised 10-16-19.)

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1		(215 ILCS 5/356z.36)
2		Sec. 356z.36 356z.33. Coverage of treatment models for
3		early treatment of serious mental illnesses.
4		(a) For purposes of early treatment of a serious mental
5		illness in a child or young adult under age 26, a group or
6		individual policy of accident and health insurance, or managed
7		care plan, that is amended, delivered, issued, or renewed
8		after December 31, 2020 shall provide coverage of the
9		following bundled, evidence-based treatment:
10		(1) Coordinated specialty care for first episode
11		psychosis treatment, covering the elements of the
12		treatment model included in the most recent national
13		research trials conducted by the National Institute of
14		Mental Health in the Recovery After an Initial
15		Schizophrenia Episode (RAISE) trials for psychosis
16		resulting from a serious mental illness, but excluding the
17		components of the treatment model related to education and
18		employment support.
19		(2) Assertive community treatment (ACT) and community
20		support team (CST) treatment. The elements of ACT and CST
21		to be covered shall include those covered under Article V
22		of the Illinois Public Aid Code, through 89 Ill. Adm. Code
23		140.453(d)(4).
24		(b) Adherence to the clinical models. For purposes of
25		ensuring adherence to the coordinated specialty care for first

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1		episode psychosis treatment model, only providers contracted
2		with the Department of Human Services' Division of Mental
3		Health to be FIRST.IL providers to deliver coordinated
4		specialty care for first episode psychosis treatment shall be
5		permitted to provide such treatment in accordance with this
6		Section and such providers must adhere to the fidelity of the
7		treatment model. For purposes of ensuring fidelity to ACT and
8		CST, only providers certified to provide ACT and CST by the
9		Department of Human Services' Division of Mental Health and
10		approved to provide ACT and CST by the Department of
11		Healthcare and Family Services, or its designee, in accordance
12		with 89 Ill. Adm. Code 140, shall be permitted to provide such
13		services under this Section and such providers shall be
14		required to adhere to the fidelity of the models.
15		(c) Development of medical necessity criteria for
16		coverage. Within 6 months after January 1, 2020 (the effective
17		date of Public Act 101-461) this amendatory Act of the 101st
18		General Assembly, the Department of Insurance shall lead and
19		convene a workgroup that includes the Department of Human
20		Services' Division of Mental Health, the Department of
21		Healthcare and Family Services, providers of the treatment
22		models listed in this Section, and insurers operating in
23		Illinois to develop medical necessity criteria for such
24		treatment models for purposes of coverage under this Section.
25		The workgroup shall use the medical necessity criteria the
26		State and other states use as guidance for establishing

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1		medical necessity for insurance coverage. The Department of
2		Insurance shall adopt a rule that defines medical necessity
3		for each of the 3 treatment models listed in this Section by no
4		later than June 30, 2020 based on the workgroup's
5		recommendations.
6		(d) For purposes of credentialing the mental health
7		professionals and other medical professionals that are part of
8		a coordinated specialty care for first episode psychosis
9		treatment team, an ACT team, or a CST team, the credentialing
10		of the psychiatrist or the licensed clinical leader of the
11		treatment team shall qualify all members of the treatment team
12		to be credentialed with the insurer.
13		(e) Payment for the services performed under the treatment
14		models listed in this Section shall be based on a bundled
15		treatment model or payment, rather than payment for each
16		separate service delivered by a treatment team member. By no
17		later than 6 months after January 1, 2020 (the effective date
18		of Public Act 101-461) this amendatory Act of the 101st
19		General Assembly, the Department of Insurance shall convene a
20		workgroup of Illinois insurance companies and Illinois mental
21		health treatment providers that deliver the bundled treatment
22		approaches listed in this Section to determine a coding
23		solution that allows for these bundled treatment models to be
24		coded and paid for as a bundle of services, similar to
25		intensive outpatient treatment where multiple services are
26		covered under one billing code or a bundled set of billing

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1		codes. The coding solution shall ensure that services
2		delivered using coordinated specialty care for first episode
3		psychosis treatment, ACT, or CST are provided and billed as a
4		bundled service, rather than for each individual service
5		provided by a treatment team member, which would deconstruct
6		the evidence-based practice. The coding solution shall be
7		reached prior to coverage, which shall begin for plans
8		amended, delivered, issued, or renewed after December 31,
9		2020, to ensure coverage of the treatment team approaches as
10		intended by this Section.
11		(f) If, at any time, the Secretary of the United States
12		Department of Health and Human Services, or its successor
13		agency, adopts rules or regulations to be published in the
14		Federal Register or publishes a comment in the Federal
15		Register or issues an opinion, guidance, or other action that
16		would require the State, under any provision of the Patient
17		Protection and Affordable Care Act (P.L. 111-148), including,
18		but not limited to, 42 U.S.C. 18031(d)(3)(b), or any successor
19		provision, to defray the cost of any coverage for serious
20		mental illnesses or serious emotional disturbances outlined in
21		this Section, then the requirement that a group or individual
22		policy of accident and health insurance or managed care plan
23		cover the bundled treatment approaches listed in this Section
24		is inoperative other than any such coverage authorized under
25		Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
26		the State shall not assume any obligation for the cost of the

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1		coverage.
2		(g) After 5 years following full implementation of this
3		Section, if requested by an insurer, the Department of
4		Insurance shall contract with an independent third party with
5		expertise in analyzing health insurance premiums and costs to
6		perform an independent analysis of the impact coverage of the
7		team-based treatment models listed in this Section has had on
8		insurance premiums in Illinois. If premiums increased by more
9		than 1% annually solely due to coverage of these treatment
10		models, coverage of these models shall no longer be required.
11		(h) The Department of Insurance shall adopt any rules
12		necessary to implement the provisions of this Section by no
13		later than June 30, 2020.
14		(Source: P.A. 101-461, eff. 1-1-20; revised 10-16-19.)
15		(215 ILCS 5/356z.37)
16		Sec. 356z.37 356z.33. Whole body skin examination. An
17		individual or group policy of accident and health insurance
18		shall cover, without imposing a deductible, coinsurance,
19		copayment, or any other cost-sharing requirement upon the
20		insured patient, one annual office visit, using appropriate
21		routine evaluation and management Current Procedural
22		Terminology codes or any successor codes, for a whole body
23		skin examination for lesions suspicious for skin cancer. The
24		whole body skin examination shall be indicated using an
25		appropriate International Statistical Classification of

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1		Diseases and Related Health Problems code or any successor
2		codes. The provisions of this Section do not apply to the
3		extent such coverage would disqualify a high-deductible health
4		plan from eligibility for a health savings account pursuant to
5		26 U.S.C. 223.
6		(Source: P.A. 101-500, eff. 1-1-20; revised 10-16-19.)
7		(215 ILCS 5/356z.38)
8		Sec. 356z.38 356z.33. Human breast milk coverage.
9		(a) Notwithstanding any other provision of this Act,
10		pasteurized donated human breast milk, which may include human
11		milk fortifiers if indicated by a prescribing licensed medical
12		practitioner, shall be covered under an individual or group
13		health insurance for persons who are otherwise eligible for
14		coverage under this Act if the covered person is an infant
15		under the age of 6 months, a licensed medical practitioner
16		prescribes the milk for the covered person, and all of the
17		following conditions are met:
18		(1) the milk is obtained from a human milk bank that
19		meets quality guidelines established by the Human Milk
20		Banking Association of North America or is licensed by the
21		Department of Public Health;
22		(2) the infant's mother is medically or physically
23		unable to produce maternal breast milk or produce maternal
24		breast milk in sufficient quantities to meet the infant's
25		needs or the maternal breast milk is contraindicated;

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1		(3) the milk has been determined to be medically
2		necessary for the infant; and
3		(4) one or more of the following applies:
4		(A) the infant's birth weight is below 1,500
5		grams;
6		(B) the infant has a congenital or acquired
7		condition that places the infant at a high risk for
8		development of necrotizing enterocolitis;
9		(C) the infant has infant hypoglycemia;
10		(D) the infant has congenital heart disease;
11		(E) the infant has had or will have an organ
12		transplant;
13		(F) the infant has sepsis; or
14		(G) the infant has any other serious congenital or
15		acquired condition for which the use of donated human
16		breast milk is medically necessary and supports the
17		treatment and recovery of the infant.
18		(b) Notwithstanding any other provision of this Act,
19		pasteurized donated human breast milk, which may include human
20		milk fortifiers if indicated by a prescribing licensed medical
21		practitioner, shall be covered under an individual or group
22		health insurance for persons who are otherwise eligible for
23		coverage under this Act if the covered person is a child 6
24		months through 12 months of age, a licensed medical
25		practitioner prescribes the milk for the covered person, and
26		all of the following conditions are met:

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1		(1) the milk is obtained from a human milk bank that
2		meets quality guidelines established by the Human Milk
3		Banking Association of North America or is licensed by the
4		Department of Public Health;
5		(2) the child's mother is medically or physically
6		unable to produce maternal breast milk or produce maternal
7		breast milk in sufficient quantities to meet the child's
8		needs or the maternal breast milk is contraindicated;
9		(3) the milk has been determined to be medically
10		necessary for the child; and
11		(4) one or more of the following applies:
12		(A) the child has spinal muscular atrophy;
13		(B) the child's birth weight was below 1,500 grams
14		and he or she has long-term feeding or
15		gastrointestinal complications related to prematurity;
16		(C) the child has had or will have an organ
17		transplant; or
18		(D) the child has a congenital or acquired
19		condition for which the use of donated human breast
20		milk is medically necessary and supports the treatment
21		and recovery of the child.
22		(Source: P.A. 101-511, eff. 1-1-20; revised 10-16-19.)
23		(215 ILCS 5/356z.39)
24		Sec. 356z.39 356z.33. Coverage of the psychiatric
25		Collaborative Care Model.

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1		(a) As used in this Section, "psychiatric Collaborative
2		Care Model" means the evidence-based, integrated behavioral
3		health service delivery method, which includes a formal
4		collaborative arrangement among a primary care team consisting
5		of a primary care provider, a care manager, and a psychiatric
6		consultant, and includes, but is not limited to, the following
7		elements:
8		(1) care directed by the primary care team;
9		(2) structured care management;
10		(3) regular assessments of clinical status using
11		validated tools; and
12		(4) modification of treatment as appropriate.
13		(b) An individual or group policy of accident and health
14		insurance amended, delivered, issued, or renewed on or after
15		January 1, 2020 (the effective date of Public Act 101-574)
16		this amendatory Act of the 101st General Assembly or managed
17		care organization that provides mental health benefits shall
18		provide reimbursement for benefits that are delivered through
19		the psychiatric Collaborative Care Model. The following
20		American Medical Association 2018 current procedural
21		terminology codes and Healthcare Common Procedure Coding
22		System code shall be used to bill for benefits delivered
23		through the psychiatric Collaborative Care Model:
24		(1) 99492;
25		(2) 99493;
26		(3) 99494; and

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1		(4) G0512.
2		(c) The Director of Insurance shall update the billing
3		codes in subsection (b) if there are any alterations or
4		additions to the billing codes for the psychiatric
5		Collaborative Care Model.
6		(d) An individual or group policy or managed care
7		organization that provides benefits under this Section may
8		deny reimbursement of any billing code listed in this Section
9		on the grounds of medical necessity if such medical necessity
10		determinations are in compliance with the Paul Wellstone and
11		Pete Domenici Mental Health Parity and Addiction Equity Act of
12		2008 and its implementing and related regulations and that
13		such determinations are made in accordance with the
14		utilization review requirements under Section 85 of the
15		Managed Care Reform and Patient Rights Act.
16		(Source: P.A. 101-574, eff. 1-1-20; revised 10-16-19.)
17		(215 ILCS 5/368g)
18		Sec. 368g. Time-based billing.
19		(a) As used in this Section, "CPT code" means the medical
20		billing code set contained in the most recent version of the
21		Current Procedural Terminology code book published by the
22		American Medical Association.
23		(b) A health care plan requiring a health care provider to
24		use a time-based CPT code to bill for health care services
25		shall not apply a time measurement standard that results in

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1		fewer units billed than allowed by the CPT code book, except as
2		required by federal law for federally funded federally-funded
3		patients.
4		(Source: P.A. 101-119, eff. 7-22-19; revised 9-26-19.)
5		(215 ILCS 5/370c) (from Ch. 73, par. 982c)
6		Sec. 370c. Mental and emotional disorders.
7		(a)(1) On and after August 16, 2019 January 1, 2019 (the
8		effective date of Public Act 101-386 this amendatory Act of
9		the 101st General Assembly Public Act 100-1024), every insurer
10		that amends, delivers, issues, or renews group accident and
11		health policies providing coverage for hospital or medical
12		treatment or services for illness on an expense-incurred basis
13		shall provide coverage for reasonable and necessary treatment
14		and services for mental, emotional, nervous, or substance use
15		disorders or conditions consistent with the parity
16		requirements of Section 370c.1 of this Code.
17		(2) Each insured that is covered for mental, emotional,
18		nervous, or substance use disorders or conditions shall be
19		free to select the physician licensed to practice medicine in
20		all its branches, licensed clinical psychologist, licensed
21		clinical social worker, licensed clinical professional
22		counselor, licensed marriage and family therapist, licensed
23		speech-language pathologist, or other licensed or certified
24		professional at a program licensed pursuant to the Substance
25		Use Disorder Act of his choice to treat such disorders, and the

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1		insurer shall pay the covered charges of such physician
2		licensed to practice medicine in all its branches, licensed
3		clinical psychologist, licensed clinical social worker,
4		licensed clinical professional counselor, licensed marriage
5		and family therapist, licensed speech-language pathologist, or
6		other licensed or certified professional at a program licensed
7		pursuant to the Substance Use Disorder Act up to the limits of
8		coverage, provided (i) the disorder or condition treated is
9		covered by the policy, and (ii) the physician, licensed
10		psychologist, licensed clinical social worker, licensed
11		clinical professional counselor, licensed marriage and family
12		therapist, licensed speech-language pathologist, or other
13		licensed or certified professional at a program licensed
14		pursuant to the Substance Use Disorder Act is authorized to
15		provide said services under the statutes of this State and in
16		accordance with accepted principles of his profession.
17		(3) Insofar as this Section applies solely to licensed
18		clinical social workers, licensed clinical professional
19		counselors, licensed marriage and family therapists, licensed
20		speech-language pathologists, and other licensed or certified
21		professionals at programs licensed pursuant to the Substance
22		Use Disorder Act, those persons who may provide services to
23		individuals shall do so after the licensed clinical social
24		worker, licensed clinical professional counselor, licensed
25		marriage and family therapist, licensed speech-language
26		pathologist, or other licensed or certified professional at a

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1		program licensed pursuant to the Substance Use Disorder Act
2		has informed the patient of the desirability of the patient
3		conferring with the patient's primary care physician.
4		(4) "Mental, emotional, nervous, or substance use disorder
5		or condition" means a condition or disorder that involves a
6		mental health condition or substance use disorder that falls
7		under any of the diagnostic categories listed in the mental
8		and behavioral disorders chapter of the current edition of the
9		International Classification of Disease or that is listed in
10		the most recent version of the Diagnostic and Statistical
11		Manual of Mental Disorders. "Mental, emotional, nervous, or
12		substance use disorder or condition" includes any mental
13		health condition that occurs during pregnancy or during the
14		postpartum period and includes, but is not limited to,
15		postpartum depression.
16		(b)(1) (Blank).
17		(2) (Blank).
18		(2.5) (Blank).
19		(3) Unless otherwise prohibited by federal law and
20		consistent with the parity requirements of Section 370c.1 of
21		this Code, the reimbursing insurer that amends, delivers,
22		issues, or renews a group or individual policy of accident and
23		health insurance, a qualified health plan offered through the
24		health insurance marketplace, or a provider of treatment of
25		mental, emotional, nervous, or substance use disorders or
26		conditions shall furnish medical records or other necessary

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1		data that substantiate that initial or continued treatment is
2		at all times medically necessary. An insurer shall provide a
3		mechanism for the timely review by a provider holding the same
4		license and practicing in the same specialty as the patient's
5		provider, who is unaffiliated with the insurer, jointly
6		selected by the patient (or the patient's next of kin or legal
7		representative if the patient is unable to act for himself or
8		herself), the patient's provider, and the insurer in the event
9		of a dispute between the insurer and patient's provider
10		regarding the medical necessity of a treatment proposed by a
11		patient's provider. If the reviewing provider determines the
12		treatment to be medically necessary, the insurer shall provide
13		reimbursement for the treatment. Future contractual or
14		employment actions by the insurer regarding the patient's
15		provider may not be based on the provider's participation in
16		this procedure. Nothing prevents the insured from agreeing in
17		writing to continue treatment at his or her expense. When
18		making a determination of the medical necessity for a
19		treatment modality for mental, emotional, nervous, or
20		substance use disorders or conditions, an insurer must make
21		the determination in a manner that is consistent with the
22		manner used to make that determination with respect to other
23		diseases or illnesses covered under the policy, including an
24		appeals process. Medical necessity determinations for
25		substance use disorders shall be made in accordance with
26		appropriate patient placement criteria established by the

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1		American Society of Addiction Medicine. No additional criteria
2		may be used to make medical necessity determinations for
3		substance use disorders.
4		(4) A group health benefit plan amended, delivered,
5		issued, or renewed on or after January 1, 2019 (the effective
6		date of Public Act 100-1024) or an individual policy of
7		accident and health insurance or a qualified health plan
8		offered through the health insurance marketplace amended,
9		delivered, issued, or renewed on or after January 1, 2019 (the
10		effective date of Public Act 100-1024):
11		(A) shall provide coverage based upon medical
12		necessity for the treatment of a mental, emotional,
13		nervous, or substance use disorder or condition consistent
14		with the parity requirements of Section 370c.1 of this
15		Code; provided, however, that in each calendar year
16		coverage shall not be less than the following:
17		(i) 45 days of inpatient treatment; and
18		(ii) beginning on June 26, 2006 (the effective
19		date of Public Act 94-921), 60 visits for outpatient
20		treatment including group and individual outpatient
21		treatment; and
22		(iii) for plans or policies delivered, issued for
23		delivery, renewed, or modified after January 1, 2007
24		(the effective date of Public Act 94-906), 20
25		additional outpatient visits for speech therapy for
26		treatment of pervasive developmental disorders that

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1		will be in addition to speech therapy provided
2		pursuant to item (ii) of this subparagraph (A); and
3		(B) may not include a lifetime limit on the number of
4		days of inpatient treatment or the number of outpatient
5		visits covered under the plan.
6		(C) (Blank).
7		(5) An issuer of a group health benefit plan or an
8		individual policy of accident and health insurance or a
9		qualified health plan offered through the health insurance
10		marketplace may not count toward the number of outpatient
11		visits required to be covered under this Section an outpatient
12		visit for the purpose of medication management and shall cover
13		the outpatient visits under the same terms and conditions as
14		it covers outpatient visits for the treatment of physical
15		illness.
16		(5.5) An individual or group health benefit plan amended,
17		delivered, issued, or renewed on or after September 9, 2015
18		(the effective date of Public Act 99-480) shall offer coverage
19		for medically necessary acute treatment services and medically
20		necessary clinical stabilization services. The treating
21		provider shall base all treatment recommendations and the
22		health benefit plan shall base all medical necessity
23		determinations for substance use disorders in accordance with
24		the most current edition of the Treatment Criteria for
25		Addictive, Substance-Related, and Co-Occurring Conditions
26		established by the American Society of Addiction Medicine. The

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1		treating provider shall base all treatment recommendations and
2		the health benefit plan shall base all medical necessity
3		determinations for medication-assisted treatment in accordance
4		with the most current Treatment Criteria for Addictive,
5		Substance-Related, and Co-Occurring Conditions established by
6		the American Society of Addiction Medicine.
7		As used in this subsection:
8		"Acute treatment services" means 24-hour medically
9		supervised addiction treatment that provides evaluation and
10		withdrawal management and may include biopsychosocial
11		assessment, individual and group counseling, psychoeducational
12		groups, and discharge planning.
13		"Clinical stabilization services" means 24-hour treatment,
14		usually following acute treatment services for substance
15		abuse, which may include intensive education and counseling
16		regarding the nature of addiction and its consequences,
17		relapse prevention, outreach to families and significant
18		others, and aftercare planning for individuals beginning to
19		engage in recovery from addiction.
20		(6) An issuer of a group health benefit plan may provide or
21		offer coverage required under this Section through a managed
22		care plan.
23		(6.5) An individual or group health benefit plan amended,
24		delivered, issued, or renewed on or after January 1, 2019 (the
25		effective date of Public Act 100-1024):
26		(A) shall not impose prior authorization requirements,

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1		other than those established under the Treatment Criteria
2		for Addictive, Substance-Related, and Co-Occurring
3		Conditions established by the American Society of
4		Addiction Medicine, on a prescription medication approved
5		by the United States Food and Drug Administration that is
6		prescribed or administered for the treatment of substance
7		use disorders;
8		(B) shall not impose any step therapy requirements,
9		other than those established under the Treatment Criteria
10		for Addictive, Substance-Related, and Co-Occurring
11		Conditions established by the American Society of
12		Addiction Medicine, before authorizing coverage for a
13		prescription medication approved by the United States Food
14		and Drug Administration that is prescribed or administered
15		for the treatment of substance use disorders;
16		(C) shall place all prescription medications approved
17		by the United States Food and Drug Administration
18		prescribed or administered for the treatment of substance
19		use disorders on, for brand medications, the lowest tier
20		of the drug formulary developed and maintained by the
21		individual or group health benefit plan that covers brand
22		medications and, for generic medications, the lowest tier
23		of the drug formulary developed and maintained by the
24		individual or group health benefit plan that covers
25		generic medications; and
26		(D) shall not exclude coverage for a prescription

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1		medication approved by the United States Food and Drug
2		Administration for the treatment of substance use
3		disorders and any associated counseling or wraparound
4		services on the grounds that such medications and services
5		were court ordered.
6		(7) (Blank).
7		(8) (Blank).
8		(9) With respect to all mental, emotional, nervous, or
9		substance use disorders or conditions, coverage for inpatient
10		treatment shall include coverage for treatment in a
11		residential treatment center certified or licensed by the
12		Department of Public Health or the Department of Human
13		Services.
14		(c) This Section shall not be interpreted to require
15		coverage for speech therapy or other habilitative services for
16		those individuals covered under Section 356z.15 of this Code.
17		(d) With respect to a group or individual policy of
18		accident and health insurance or a qualified health plan
19		offered through the health insurance marketplace, the
20		Department and, with respect to medical assistance, the
21		Department of Healthcare and Family Services shall each
22		enforce the requirements of this Section and Sections 356z.23
23		and 370c.1 of this Code, the Paul Wellstone and Pete Domenici
24		Mental Health Parity and Addiction Equity Act of 2008, 42
25		U.S.C. 18031(j), and any amendments to, and federal guidance
26		or regulations issued under, those Acts, including, but not

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1		limited to, final regulations issued under the Paul Wellstone
2		and Pete Domenici Mental Health Parity and Addiction Equity
3		Act of 2008 and final regulations applying the Paul Wellstone
4		and Pete Domenici Mental Health Parity and Addiction Equity
5		Act of 2008 to Medicaid managed care organizations, the
6		Children's Health Insurance Program, and alternative benefit
7		plans. Specifically, the Department and the Department of
8		Healthcare and Family Services shall take action:
9		(1) proactively ensuring compliance by individual and
10		group policies, including by requiring that insurers
11		submit comparative analyses, as set forth in paragraph (6)
12		of subsection (k) of Section 370c.1, demonstrating how
13		they design and apply nonquantitative treatment
14		limitations, both as written and in operation, for mental,
15		emotional, nervous, or substance use disorder or condition
16		benefits as compared to how they design and apply
17		nonquantitative treatment limitations, as written and in
18		operation, for medical and surgical benefits;
19		(2) evaluating all consumer or provider complaints
20		regarding mental, emotional, nervous, or substance use
21		disorder or condition coverage for possible parity
22		violations;
23		(3) performing parity compliance market conduct
24		examinations or, in the case of the Department of
25		Healthcare and Family Services, parity compliance audits
26		of individual and group plans and policies, including, but

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1		not limited to, reviews of:
2		(A) nonquantitative treatment limitations,
3		including, but not limited to, prior authorization
4		requirements, concurrent review, retrospective review,
5		step therapy, network admission standards,
6		reimbursement rates, and geographic restrictions;
7		(B) denials of authorization, payment, and
8		coverage; and
9		(C) other specific criteria as may be determined
10		by the Department.
11		The findings and the conclusions of the parity compliance
12		market conduct examinations and audits shall be made public.
13		The Director may adopt rules to effectuate any provisions
14		of the Paul Wellstone and Pete Domenici Mental Health Parity
15		and Addiction Equity Act of 2008 that relate to the business of
16		insurance.
17		(e) Availability of plan information.
18		(1) The criteria for medical necessity determinations
19		made under a group health plan, an individual policy of
20		accident and health insurance, or a qualified health plan
21		offered through the health insurance marketplace with
22		respect to mental health or substance use disorder
23		benefits (or health insurance coverage offered in
24		connection with the plan with respect to such benefits)
25		must be made available by the plan administrator (or the
26		health insurance issuer offering such coverage) to any

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1		current or potential participant, beneficiary, or
2		contracting provider upon request.
3		(2) The reason for any denial under a group health
4		benefit plan, an individual policy of accident and health
5		insurance, or a qualified health plan offered through the
6		health insurance marketplace (or health insurance coverage
7		offered in connection with such plan or policy) of
8		reimbursement or payment for services with respect to
9		mental, emotional, nervous, or substance use disorders or
10		conditions benefits in the case of any participant or
11		beneficiary must be made available within a reasonable
12		time and in a reasonable manner and in readily
13		understandable language by the plan administrator (or the
14		health insurance issuer offering such coverage) to the
15		participant or beneficiary upon request.
16		(f) As used in this Section, "group policy of accident and
17		health insurance" and "group health benefit plan" includes (1)
18		State-regulated employer-sponsored group health insurance
19		plans written in Illinois or which purport to provide coverage
20		for a resident of this State; and (2) State employee health
21		plans.
22		(g) (1) As used in this subsection:
23		"Benefits", with respect to insurers, means the benefits
24		provided for treatment services for inpatient and outpatient
25		treatment of substance use disorders or conditions at American
26		Society of Addiction Medicine levels of treatment 2.1

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1		(Intensive Outpatient), 2.5 (Partial Hospitalization), 3.1
2		(Clinically Managed Low-Intensity Residential), 3.3
3		(Clinically Managed Population-Specific High-Intensity
4		Residential), 3.5 (Clinically Managed High-Intensity
5		Residential), and 3.7 (Medically Monitored Intensive
6		Inpatient) and OMT (Opioid Maintenance Therapy) services.
7		"Benefits", with respect to managed care organizations,
8		means the benefits provided for treatment services for
9		inpatient and outpatient treatment of substance use disorders
10		or conditions at American Society of Addiction Medicine levels
11		of treatment 2.1 (Intensive Outpatient), 2.5 (Partial
12		Hospitalization), 3.5 (Clinically Managed High-Intensity
13		Residential), and 3.7 (Medically Monitored Intensive
14		Inpatient) and OMT (Opioid Maintenance Therapy) services.
15		"Substance use disorder treatment provider or facility"
16		means a licensed physician, licensed psychologist, licensed
17		psychiatrist, licensed advanced practice registered nurse, or
18		licensed, certified, or otherwise State-approved facility or
19		provider of substance use disorder treatment.
20		(2) A group health insurance policy, an individual health
21		benefit plan, or qualified health plan that is offered through
22		the health insurance marketplace, small employer group health
23		plan, and large employer group health plan that is amended,
24		delivered, issued, executed, or renewed in this State, or
25		approved for issuance or renewal in this State, on or after
26		January 1, 2019 (the effective date of Public Act 100-1023)

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1		shall comply with the requirements of this Section and Section
2		370c.1. The services for the treatment and the ongoing
3		assessment of the patient's progress in treatment shall follow
4		the requirements of 77 Ill. Adm. Code 2060.
5		(3) Prior authorization shall not be utilized for the
6		benefits under this subsection. The substance use disorder
7		treatment provider or facility shall notify the insurer of the
8		initiation of treatment. For an insurer that is not a managed
9		care organization, the substance use disorder treatment
10		provider or facility notification shall occur for the
11		initiation of treatment of the covered person within 2
12		business days. For managed care organizations, the substance
13		use disorder treatment provider or facility notification shall
14		occur in accordance with the protocol set forth in the
15		provider agreement for initiation of treatment within 24
16		hours. If the managed care organization is not capable of
17		accepting the notification in accordance with the contractual
18		protocol during the 24-hour period following admission, the
19		substance use disorder treatment provider or facility shall
20		have one additional business day to provide the notification
21		to the appropriate managed care organization. Treatment plans
22		shall be developed in accordance with the requirements and
23		timeframes established in 77 Ill. Adm. Code 2060. If the
24		substance use disorder treatment provider or facility fails to
25		notify the insurer of the initiation of treatment in
26		accordance with these provisions, the insurer may follow its

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1		normal prior authorization processes.
2		(4) For an insurer that is not a managed care
3		organization, if an insurer determines that benefits are no
4		longer medically necessary, the insurer shall notify the
5		covered person, the covered person's authorized
6		representative, if any, and the covered person's health care
7		provider in writing of the covered person's right to request
8		an external review pursuant to the Health Carrier External
9		Review Act. The notification shall occur within 24 hours
10		following the adverse determination.
11		Pursuant to the requirements of the Health Carrier
12		External Review Act, the covered person or the covered
13		person's authorized representative may request an expedited
14		external review. An expedited external review may not occur if
15		the substance use disorder treatment provider or facility
16		determines that continued treatment is no longer medically
17		necessary. Under this subsection, a request for expedited
18		external review must be initiated within 24 hours following
19		the adverse determination notification by the insurer. Failure
20		to request an expedited external review within 24 hours shall
21		preclude a covered person or a covered person's authorized
22		representative from requesting an expedited external review.
23		If an expedited external review request meets the criteria
24		of the Health Carrier External Review Act, an independent
25		review organization shall make a final determination of
26		medical necessity within 72 hours. If an independent review

SB2435 Enrolled - 1144 - LRB102 04062 AMC 14078 b
1		organization upholds an adverse determination, an insurer
2		shall remain responsible to provide coverage of benefits
3		through the day following the determination of the independent
4		review organization. A decision to reverse an adverse
5		determination shall comply with the Health Carrier External
6		Review Act.
7		(5) The substance use disorder treatment provider or
8		facility shall provide the insurer with 7 business days'
9		advance notice of the planned discharge of the patient from
10		the substance use disorder treatment provider or facility and
11		notice on the day that the patient is discharged from the
12		substance use disorder treatment provider or facility.
13		(6) The benefits required by this subsection shall be
14		provided to all covered persons with a diagnosis of substance
15		use disorder or conditions. The presence of additional related
16		or unrelated diagnoses shall not be a basis to reduce or deny
17		the benefits required by this subsection.
18		(7) Nothing in this subsection shall be construed to
19		require an insurer to provide coverage for any of the benefits
20		in this subsection.
21		(Source: P.A. 100-305, eff. 8-24-17; 100-1023, eff. 1-1-19;
22		100-1024, eff. 1-1-19; 101-81, eff. 7-12-19; 101-386, eff.
23		8-16-19; revised 9-20-19.)
24		(215 ILCS 5/534.3) (from Ch. 73, par. 1065.84-3)
25		Sec. 534.3. Covered claim; unearned premium defined.

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1		(a) "Covered claim" means an unpaid claim for a loss
2		arising out of and within the coverage of an insurance policy
3		to which this Article applies and which is in force at the time
4		of the occurrence giving rise to the unpaid claim, including
5		claims presented during any extended discovery period which
6		was purchased from the company before the entry of a
7		liquidation order or which is purchased or obtained from the
8		liquidator after the entry of a liquidation order, made by a
9		person insured under such policy or by a person suffering
10		injury or damage for which a person insured under such policy
11		is legally liable, and for unearned premium, if:
12		(i) The company issuing, assuming, or being allocated
13		the policy becomes an insolvent company as defined in
14		Section 534.4 after the effective date of this Article;
15		and
16		(ii) The claimant or insured is a resident of this
17		State at the time of the insured occurrence, or the
18		property from which a first party claim for damage to
19		property arises is permanently located in this State or,
20		in the case of an unearned premium claim, the policyholder
21		is a resident of this State at the time the policy was
22		issued; provided, that for entities other than an
23		individual, the residence of a claimant, insured, or
24		policyholder is the state in which its principal place of
25		business is located at the time of the insured event.
26		(b) "Covered claim" does not include:

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1		(i) any amount in excess of the applicable limits of
2		liability provided by an insurance policy to which this
3		Article applies; nor
4		(ii) any claim for punitive or exemplary damages or
5		fines and penalties paid to government authorities; nor
6		(iii) any first party claim by an insured who is an
7		affiliate of the insolvent company; nor
8		(iv) any first party or third party claim by or
9		against an insured whose net worth on December 31 of the
10		year next preceding the date the insurer becomes an
11		insolvent insurer exceeds $25,000,000; provided that an
12		insured's net worth on such date shall be deemed to
13		include the aggregate net worth of the insured and all of
14		its affiliates as calculated on a consolidated basis.
15		However, this exclusion shall not apply to third party
16		claims against the insured where the insured has applied
17		for or consented to the appointment of a receiver,
18		trustee, or liquidator for all or a substantial part of
19		its assets, filed a voluntary petition in bankruptcy,
20		filed a petition or an answer seeking a reorganization or
21		arrangement with creditors or to take advantage of any
22		insolvency law, or if an order, judgment, or decree is
23		entered by a court of competent jurisdiction, on the
24		application of a creditor, adjudicating the insured
25		bankrupt or insolvent or approving a petition seeking
26		reorganization of the insured or of all or substantial

SB2435 Enrolled - 1147 - LRB102 04062 AMC 14078 b
1		part of its assets; nor
2		(v) any claim for any amount due any reinsurer,
3		insurer, insurance pool, or underwriting association as
4		subrogated recoveries, reinsurance recoverables,
5		contribution, indemnification or otherwise. No such claim
6		held by a reinsurer, insurer, insurance pool, or
7		underwriting association may be asserted in any legal
8		action against a person insured under a policy issued by
9		an insolvent company other than to the extent such claim
10		exceeds the Fund obligation limitations set forth in
11		Section 537.2 of this Code.
12		(c) "Unearned Premium" means the premium for the unexpired
13		period of a policy which has been terminated prior to the
14		expiration of the period for which premium has been paid and
15		does not mean premium which is returnable to the insured for
16		any other reason.
17		(Source: P.A. 100-1190, eff. 4-5-19; 101-60, eff. 7-12-19;
18		revised 9-20-19.)
19		Section 495. The Dental Service Plan Act is amended by
20		changing Section 47 as follows:
21		(215 ILCS 110/47) (from Ch. 32, par. 690.47)
22		Sec. 47. Continuance privilege; group privilege - Group
23		type contracts contacts.
24		(1) Every service plan contract of a dental service plan

SB2435 Enrolled - 1148 - LRB102 04062 AMC 14078 b
1		corporation which provides that the continued coverage of a
2		beneficiary is contingent upon the continued employment of the
3		subscriber with a particular employer shall further provide
4		for the continuance of such contract in accordance with the
5		requirements set forth in Section 367.2 of the "Illinois
6		Insurance Code", approved June 29, 1937, as amended.
7		(2) The requirements of this Section shall apply to all
8		such contracts delivered, issued for delivery, renewed, or
9		amended on or after December 1, 1985 (the effective date of
10		Public Act 84-556) this amendatory Act of 1985.
11		(Source: P.A. 84-556; revised 8-23-19.)
12		Section 500. The Health Maintenance Organization Act is
13		amended by changing Section 5-5 as follows:
14		(215 ILCS 125/5-5) (from Ch. 111 1/2, par. 1413)
15		Sec. 5-5. Suspension, revocation, or denial of
16		certification of authority. The Director may suspend or revoke
17		any certificate of authority issued to a health maintenance
18		organization under this Act or deny an application for a
19		certificate of authority if he finds any of the following:
20		(a) The health maintenance organization is operating
21		significantly in contravention of its basic organizational
22		document, its health care plan, or in a manner contrary to
23		that described in any information submitted under Section
24		2-1 or 4-12.

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1		(b) The health maintenance organization issues
2		contracts or evidences of coverage or uses a schedule of
3		charges for health care services that do not comply with
4		the requirement of Section 2-1 or 4-12.
5		(c) The health care plan does not provide or arrange
6		for basic health care services, except as provided in
7		Section 4-13 concerning mental health services for clients
8		of the Department of Children and Family Services.
9		(d) The Director of Public Health certifies to the
10		Director that (1) the health maintenance organization does
11		not meet the requirements of Section 2-2 or (2) the health
12		maintenance organization is unable to fulfill its
13		obligations to furnish health care services as required
14		under its health care plan. The Department of Public
15		Health shall promulgate by rule, pursuant to the Illinois
16		Administrative Procedure Act, the precise standards used
17		for determining what constitutes a material
18		misrepresentation, what constitutes a material violation
19		of a contract or evidence of coverage, or what constitutes
20		good faith with regard to certification under this
21		paragraph.
22		(e) The health maintenance organization is no longer
23		financially responsible and may reasonably be expected to
24		be unable to meet its obligations to enrollees or
25		prospective enrollees.
26		(f) The health maintenance organization, or any person

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1		on its behalf, has advertised or merchandised its services
2		in an untrue, misrepresentative, misleading, deceptive, or
3		unfair manner.
4		(g) The continued operation of the health maintenance
5		organization would be hazardous to its enrollees.
6		(h) The health maintenance organization has neglected
7		to correct, within the time prescribed by subsection (c)
8		of Section 2-4, any deficiency occurring due to the
9		organization's prescribed minimum net worth or special
10		contingent reserve being impaired.
11		(i) The health maintenance organization has otherwise
12		failed to substantially comply with this Act.
13		(j) The health maintenance organization has failed to
14		meet the requirements for issuance of a certificate of
15		authority set forth in Section 2-2.
16		When the certificate of authority of a health
17		maintenance organization is revoked, the organization
18		shall proceed, immediately following the effective date of
19		the order of revocation, to wind up its affairs and shall
20		conduct no further business except as may be essential to
21		the orderly conclusion of the affairs of the organization.
22		The Director may permit further operation of the
23		organization that he finds to be in the best interest of
24		enrollees to the end that the enrollees will be afforded
25		the greatest practical opportunity to obtain health care
26		services.

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1		(k) The health maintenance organization has failed to
2		pay any assessment due under Article V-H of the Illinois
3		Public Aid Code for 60 days following the due date of the
4		payment (as extended by any grace period granted).
5		(Source: P.A. 101-9, eff. 6-5-19; revised 8-23-19.)
6		Section 505. The Use of Credit Information in Personal
7		Insurance Act is amended by changing Section 10 as follows:
8		(215 ILCS 157/10)
9		Sec. 10. Scope. This Act applies to personal insurance and
10		not to commercial insurance. For purposes of this Act,
11		"personal insurance" means private passenger automobile,
12		homeowners, motorcycle, mobile-homeowners and non-commercial
13		dwelling fire insurance policies, and boat, personal
14		watercraft, snowmobile, and recreational vehicle policies
15		polices. Such policies must be individually underwritten for
16		personal, family, or household use. No other type of insurance
17		shall be included as personal insurance for the purpose of
18		this Act.
19		(Source: P.A. 93-114, eff. 10-1-03; revised 8-23-19.)
20		Section 510. The Voluntary Health Services Plans Act is
21		amended by changing Section 15.6-1 as follows:
22		(215 ILCS 165/15.6-1) (from Ch. 32, par. 609.6-1)

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1		Sec. 15.6-1. Continuance privilege; group privilege -
2		Group type contracts contacts.
3		(1) Every service plan contract of a health service plan
4		corporation which provides that the continued coverage of a
5		beneficiary is contingent upon the continued employment of the
6		subscriber with a particular employer shall further provide
7		for the continuance of such contract in accordance with the
8		requirements set forth in Section 367.2 of the "Illinois
9		Insurance Code", approved June 29, 1937, as amended.
10		(2) The requirements of this Section shall apply to all
11		such contracts delivered, issued for delivery, renewed or
12		amended on or after December 1, 1985 (the effective date of
13		Public Act 84-556) this amendatory Act of 1985.
14		(Source: P.A. 84-556; revised 8-23-19.)
15		Section 515. The Organ Transplant Medication Notification
16		Act is amended by changing Section 10 as follows:
17		(215 ILCS 175/10)
18		Sec. 10. Definitions. For the purpose of this Act:
19		"Health insurance policy or health care service plan"
20		means any policy of health or accident insurance subject to
21		the provisions of the Illinois Insurance Code, Health
22		Maintenance Organization Act, Voluntary Health Services Plans
23		Plan Act, Counties Code, Illinois Municipal Code, School Code,
24		and State Employees Group Insurance Act of 1971.

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1		"Immunosuppressant drugs" mean drugs that are used in
2		immunosuppressive therapy to inhibit or prevent the activity
3		of the immune system. "Immunosuppressant drugs" are used
4		clinically to prevent the rejection of transplanted organs and
5		tissues. "Immunosuppressant drugs" do not include drugs for
6		the treatment of autoimmune diseases or diseases that are most
7		likely of autoimmune origin.
8		(Source: P.A. 96-766, eff. 1-1-10; revised 8-23-19.)
9		Section 520. The Public Utilities Act is amended by
10		changing Sections 5-117, 13-507.1, and 16-130 as follows:
11		(220 ILCS 5/5-117)
12		Sec. 5-117. Supplier diversity goals.
13		(a) The public policy of this State is to collaboratively
14		work with companies that serve Illinois residents to improve
15		their supplier diversity in a non-antagonistic manner.
16		(b) The Commission shall require all gas, electric, and
17		water companies with at least 100,000 customers under its
18		authority, as well as suppliers of wind energy, solar energy,
19		hydroelectricity, nuclear energy, and any other supplier of
20		energy within this State, to submit an annual report by April
21		15, 2015 and every April 15 thereafter, in a searchable Adobe
22		PDF format, on all procurement goals and actual spending for
23		female-owned, minority-owned, veteran-owned, and small
24		business enterprises in the previous calendar year. These

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1		goals shall be expressed as a percentage of the total work
2		performed by the entity submitting the report, and the actual
3		spending for all female-owned, minority-owned, veteran-owned,
4		and small business enterprises shall also be expressed as a
5		percentage of the total work performed by the entity
6		submitting the report.
7		(c) Each participating company in its annual report shall
8		include the following information:
9		(1) an explanation of the plan for the next year to
10		increase participation;
11		(2) an explanation of the plan to increase the goals;
12		(3) the areas of procurement each company shall be
13		actively seeking more participation in in the next year;
14		(4) an outline of the plan to alert and encourage
15		potential vendors in that area to seek business from the
16		company;
17		(5) an explanation of the challenges faced in finding
18		quality vendors and offer any suggestions for what the
19		Commission could do to be helpful to identify those
20		vendors;
21		(6) a list of the certifications the company
22		recognizes;
23		(7) the point of contact for any potential vendor who
24		wishes to do business with the company and explain the
25		process for a vendor to enroll with the company as a
26		minority-owned, women-owned, or veteran-owned company; and

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1		(8) any particular success stories to encourage other
2		companies to emulate best practices.
3		(d) Each annual report shall include as much
4		State-specific data as possible. If the submitting entity does
5		not submit State-specific data, then the company shall include
6		any national data it does have and explain why it could not
7		submit State-specific data and how it intends to do so in
8		future reports, if possible.
9		(e) Each annual report shall include the rules,
10		regulations, and definitions used for the procurement goals in
11		the company's annual report.
12		(f) The Commission and all participating entities shall
13		hold an annual workshop open to the public in 2015 and every
14		year thereafter on the state of supplier diversity to
15		collaboratively seek solutions to structural impediments to
16		achieving stated goals, including testimony from each
17		participating entity as well as subject matter experts and
18		advocates. The Commission shall publish a database on its
19		website of the point of contact for each participating entity
20		for supplier diversity, along with a list of certifications
21		each company recognizes from the information submitted in each
22		annual report. The Commission shall publish each annual report
23		on its website and shall maintain each annual report for at
24		least 5 years.
25		(Source: P.A. 98-1056, eff. 8-26-14; 99-906, eff. 6-1-17;
26		revised 7-22-19.)

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1		(220 ILCS 5/13-507.1)
2		(Section scheduled to be repealed on December 31, 2021)
3		Sec. 13-507.1. In any proceeding permitting, approving,
4		investigating, or establishing rates, charges,
5		classifications, or tariffs for telecommunications services
6		classified as noncompetitive offered or provided by an
7		incumbent local exchange carrier as that term is defined in
8		Section 13-202.5 13-202.1 of this Act, the Commission shall
9		not allow any subsidy of Internet services, cable services, or
10		video services by the rates or charges for local exchange
11		telecommunications services, including local services
12		classified as noncompetitive.
13		(Source: P.A. 100-20, eff. 7-1-17; revised 7-6-20.)
14		(220 ILCS 5/16-130)
15		Sec. 16-130. Annual reports Reports.
16		(a) The General Assembly finds that it is necessary to
17		have reliable and accurate information regarding the
18		transition to a competitive electric industry. In addition to
19		the annual report requirements pursuant to Section 5-109 of
20		this Act, each electric utility shall file with the Commission
21		a report on the following topics in accordance with the
22		schedule set forth in subsection (b) of this Section:
23		(1) Data on each customer class of the electric
24		utility in which delivery services have been elected,

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1		including:
2		(A) number of retail customers in each class that
3		have elected delivery service;
4		(B) kilowatt hours consumed by the customers
5		described in subparagraph (A);
6		(C) revenue loss experienced by the utility as a
7		result of customers electing delivery services or
8		market-based prices as compared to continued service
9		under otherwise applicable tariffed rates;
10		(D) total amount of funds collected from each
11		customer class pursuant to the transition charges
12		authorized in Section 16-108;
13		(E) such Such other information as the Commission
14		may by rule require.
15		(2) A description of any steps taken by the electric
16		utility to mitigate and reduce its costs, including both a
17		detailed description of steps taken during the preceding
18		calendar year and a summary of steps taken since December
19		16, 1997 (the effective date of Public Act 90-561) this
20		amendatory Act of 1997, and including, to the extent
21		practicable, quantification of the costs mitigated or
22		reduced by specific actions taken by the electric utility.
23		(3) A description of actions taken under Sections
24		5-104, 7-204, 9-220, and 16-111 of this Act. This
25		information shall include, but not be limited to:
26		(A) a description of the actions taken;

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1		(B) the effective date of the action;
2		(C) the annual savings or additional charges
3		realized by customers from actions taken, by customer
4		class and total for each year;
5		(D) the accumulated impact on customers by
6		customer class and total; and
7		(E) a summary of the method used to quantify the
8		impact on customers.
9		(4) A summary of the electric utility's use of
10		transitional funding instruments, including a description
11		of the electric utility's use of the proceeds of any
12		transitional funding instruments it has issued in
13		accordance with Article XVIII of this Act.
14		(5) Kilowatt-hours consumed in the twelve months
15		ending December 31, 1996 (which kilowatt-hours are hereby
16		referred to as "base year sales") by customer class
17		multiplied by the revenue per kilowatt hour, adjusted to
18		remove charges added to customers' bills pursuant to
19		Sections 9-221 and 9-222 of this Act, during the twelve
20		months ending December 31, 1996, adjusted for the
21		reductions required by subsection (b) of Section 16-111
22		and the mitigation factors contained in Section 16-102.
23		This amount shall be stated for: (i) each calendar year
24		preceding the year in which a report is required to be
25		submitted pursuant to subsection (b); and (ii) as a
26		cumulative total of all calendar years beginning with 1998

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1		and ending with the calendar year preceding the year in
2		which a report is required to be submitted pursuant to
3		subsection (b).
4		(6) Calculations identical to those required by
5		subparagraph (5) except that base year sales shall be
6		adjusted for growth in the electric utility's service
7		territory, in addition to the other adjustments specified
8		by the first sentence of subparagraph (5).
9		(7) The electric utility's total revenue and net
10		income for each calendar year beginning with 1997 through
11		the calendar year preceding the year in which a report is
12		required to be submitted pursuant to subsection (b) as
13		reported in the electric utility's Form 1 report to the
14		Federal Energy Regulatory Commission.
15		(8) Any consideration in excess of the net book cost
16		as of December 16, 1997 (the effective date of Public Act
17		90-561) this amendatory Act of 1997 received by the
18		electric utility during the year from a sale made
19		subsequent to December 16, 1997 (the effective date of
20		Public Act 90-561) this amendatory Act of 1997 to a
21		non-affiliated third party of any generating plant that
22		was owned by the electric utility on December 16, 1997
23		(the effective date of Public Act 90-561) this amendatory
24		Act of 1997.
25		(9) Any consideration received by the electric utility
26		from sales or transfers during the year to an affiliated

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1		interest of generating plant, or other plant that
2		represents an investment of $25,000,000 or more in terms
3		of total depreciated original cost, which generating or
4		other plant were owned by the electric utility prior to
5		December 16, 1997 (the effective date of Public Act
6		90-561) this amendatory Act of 1997.
7		(10) Any consideration received by an affiliated
8		interest of an electric utility from sales or transfers
9		during the year to a non-affiliated third party of
10		generating plant, but only if: (i) the electric utility
11		had previously sold or transferred such plant to the
12		affiliated interest subsequent to December 16, 1997 (the
13		effective date of Public Act 90-561) this amendatory Act
14		of 1997; (ii) the affiliated interest sells or transfers
15		such plant to a non-affiliated third party prior to
16		December 31, 2006; and (iii) the affiliated interest
17		receives consideration for the sale or transfer of such
18		plant to the non-affiliated third party in an amount
19		greater than the cost or price at which such plant was sold
20		or transferred to the affiliated interest by the electric
21		utility.
22		(11) A summary account of those expenditures made for
23		projects, programs, and improvements relating to
24		transmission and distribution including, without
25		limitation, infrastructure expansion, repair and
26		replacement, capital investments, operations and

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1		maintenance, and vegetation management, pursuant to a
2		written commitment made under subsection (k) of Section
3		16-111.
4		(b) The information required by subsection (a) shall be
5		filed by each electric utility on or before March 1 of each
6		year 1999 through 2007 or through such additional years as the
7		electric utility is collecting transition charges pursuant to
8		subsection (f) of Section 16-108, for the previous calendar
9		year. The information required by subparagraph (6) of
10		subsection (a) for calendar year 1997 shall be submitted by
11		the electric utility on or before March 1, 1999.
12		(c) On or before May 15 of each year 1999 through 2006 or
13		through such additional years as the electric utility is
14		collecting transition charges pursuant to subsection (f) of
15		Section 16-108, the Commission shall submit a report to the
16		General Assembly which summarizes the information provided by
17		each electric utility under this Section; provided, however,
18		that proprietary or confidential information shall not be
19		publicly disclosed.
20		(Source: P.A. 90-561, eff. 12-16-97; 91-50, eff. 6-30-99;
21		revised 7-22-19.)
22		Section 525. The Illinois Dental Practice Act is amended
23		by changing Sections 4 and 17 as follows:
24		(225 ILCS 25/4) (from Ch. 111, par. 2304)

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1		(Section scheduled to be repealed on January 1, 2026)
2		Sec. 4. Definitions. As used in this Act:
3		"Address of record" means the designated address recorded
4		by the Department in the applicant's or licensee's application
5		file or license file as maintained by the Department's
6		licensure maintenance unit. It is the duty of the applicant or
7		licensee to inform the Department of any change of address and
8		those changes must be made either through the Department's
9		website or by contacting the Department.
10		"Department" means the Department of Financial and
11		Professional Regulation.
12		"Secretary" means the Secretary of Financial and
13		Professional Regulation.
14		"Board" means the Board of Dentistry.
15		"Dentist" means a person who has received a general
16		license pursuant to paragraph (a) of Section 11 of this Act and
17		who may perform any intraoral and extraoral procedure required
18		in the practice of dentistry and to whom is reserved the
19		responsibilities specified in Section 17.
20		"Dental hygienist" means a person who holds a license
21		under this Act to perform dental services as authorized by
22		Section 18.
23		"Dental assistant" means an appropriately trained person
24		who, under the supervision of a dentist, provides dental
25		services as authorized by Section 17.
26		"Expanded function dental assistant" means a dental

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1		assistant who has completed the training required by Section
2		17.1 of this Act.
3		"Dental laboratory" means a person, firm or corporation
4		which:
5		(i) engages in making, providing, repairing or
6		altering dental prosthetic appliances and other artificial
7		materials and devices which are returned to a dentist for
8		insertion into the human oral cavity or which come in
9		contact with its adjacent structures and tissues; and
10		(ii) utilizes or employs a dental technician to
11		provide such services; and
12		(iii) performs such functions only for a dentist or
13		dentists.
14		"Supervision" means supervision of a dental hygienist or a
15		dental assistant requiring that a dentist authorize the
16		procedure, remain in the dental facility while the procedure
17		is performed, and approve the work performed by the dental
18		hygienist or dental assistant before dismissal of the patient,
19		but does not mean that the dentist must be present at all times
20		in the treatment room.
21		"General supervision" means supervision of a dental
22		hygienist requiring that the patient be a patient of record,
23		that the dentist examine the patient in accordance with
24		Section 18 prior to treatment by the dental hygienist, and
25		that the dentist authorize the procedures which are being
26		carried out by a notation in the patient's record, but not

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1		requiring that a dentist be present when the authorized
2		procedures are being performed. The issuance of a prescription
3		to a dental laboratory by a dentist does not constitute
4		general supervision.
5		"Public member" means a person who is not a health
6		professional. For purposes of board membership, any person
7		with a significant financial interest in a health service or
8		profession is not a public member.
9		"Dentistry" means the healing art which is concerned with
10		the examination, diagnosis, treatment planning and care of
11		conditions within the human oral cavity and its adjacent
12		tissues and structures, as further specified in Section 17.
13		"Branches of dentistry" means the various specialties of
14		dentistry which, for purposes of this Act, shall be limited to
15		the following: endodontics, oral and maxillofacial surgery,
16		orthodontics and dentofacial orthopedics, pediatric dentistry,
17		periodontics, prosthodontics, and oral and maxillofacial
18		radiology.
19		"Specialist" means a dentist who has received a specialty
20		license pursuant to Section 11(b).
21		"Dental technician" means a person who owns, operates or
22		is employed by a dental laboratory and engages in making,
23		providing, repairing or altering dental prosthetic appliances
24		and other artificial materials and devices which are returned
25		to a dentist for insertion into the human oral cavity or which
26		come in contact with its adjacent structures and tissues.

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1		"Impaired dentist" or "impaired dental hygienist" means a
2		dentist or dental hygienist who is unable to practice with
3		reasonable skill and safety because of a physical or mental
4		disability as evidenced by a written determination or written
5		consent based on clinical evidence, including deterioration
6		through the aging process, loss of motor skills, abuse of
7		drugs or alcohol, or a psychiatric disorder, of sufficient
8		degree to diminish the person's ability to deliver competent
9		patient care.
10		"Nurse" means a registered professional nurse, a certified
11		registered nurse anesthetist licensed as an advanced practice
12		registered nurse, or a licensed practical nurse licensed under
13		the Nurse Practice Act.
14		"Patient of record" means a patient for whom the patient's
15		most recent dentist has obtained a relevant medical and dental
16		history and on whom the dentist has performed an examination
17		and evaluated the condition to be treated.
18		"Dental responder" means a dentist or dental hygienist who
19		is appropriately certified in disaster preparedness,
20		immunizations, and dental humanitarian medical response
21		consistent with the Society of Disaster Medicine and Public
22		Health and training certified by the National Incident
23		Management System or the National Disaster Life Support
24		Foundation.
25		"Mobile dental van or portable dental unit" means any
26		self-contained or portable dental unit in which dentistry is

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1		practiced that can be moved, towed, or transported from one
2		location to another in order to establish a location where
3		dental services can be provided.
4		"Public health dental hygienist" means a hygienist who
5		holds a valid license to practice in the State, has 2 years of
6		full-time clinical experience or an equivalent of 4,000 hours
7		of clinical experience and has completed at least 42 clock
8		hours of additional structured courses in dental education in
9		advanced areas specific to public health dentistry.
10		"Public health setting" means a federally qualified health
11		center; a federal, State, or local public health facility;
12		Head Start; a special supplemental nutrition program for
13		Women, Infants, and Children (WIC) facility; or a certified
14		school-based health center or school-based oral health
15		program.
16		"Public health supervision" means the supervision of a
17		public health dental hygienist by a licensed dentist who has a
18		written public health supervision agreement with that public
19		health dental hygienist while working in an approved facility
20		or program that allows the public health dental hygienist to
21		treat patients, without a dentist first examining the patient
22		and being present in the facility during treatment, (1) who
23		are eligible for Medicaid or (2) who are uninsured and whose
24		household income is not greater than 200% of the federal
25		poverty level.
26		"Teledentistry" means the use of telehealth systems and

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1		methodologies in dentistry and includes patient care and
2		education delivery using synchronous and asynchronous
3		communications under a dentist's authority as provided under
4		this Act.
5		(Source: P.A. 100-215, eff. 1-1-18; 100-513, eff. 1-1-18;
6		100-863, eff. 8-14-18; 101-64, eff. 7-12-19; 101-162, eff.
7		7-26-19; revised 9-27-19.)
8		(225 ILCS 25/17) (from Ch. 111, par. 2317)
9		(Section scheduled to be repealed on January 1, 2026)
10		Sec. 17. Acts constituting the practice of dentistry. A
11		person practices dentistry, within the meaning of this Act:
12		(1) Who represents himself or herself as being able to
13		diagnose or diagnoses, treats, prescribes, or operates for
14		any disease, pain, deformity, deficiency, injury, or
15		physical condition of the human tooth, teeth, alveolar
16		process, gums or jaw; or
17		(2) Who is a manager, proprietor, operator or
18		conductor of a business where dental operations are
19		performed; or
20		(3) Who performs dental operations of any kind; or
21		(4) Who uses an X-Ray machine or X-Ray films for
22		dental diagnostic purposes; or
23		(5) Who extracts a human tooth or teeth, or corrects
24		or attempts to correct malpositions of the human teeth or
25		jaws; or

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1		(6) Who offers or undertakes, by any means or method,
2		to diagnose, treat or remove stains, calculus, and bonding
3		materials from human teeth or jaws; or
4		(7) Who uses or administers local or general
5		anesthetics in the treatment of dental or oral diseases or
6		in any preparation incident to a dental operation of any
7		kind or character; or
8		(8) Who takes material or digital scans for final
9		impressions of the human tooth, teeth, or jaws or performs
10		any phase of any operation incident to the replacement of
11		a part of a tooth, a tooth, teeth or associated tissues by
12		means of a filling, crown, a bridge, a denture or other
13		appliance; or
14		(9) Who offers to furnish, supply, construct,
15		reproduce or repair, or who furnishes, supplies,
16		constructs, reproduces or repairs, prosthetic dentures,
17		bridges or other substitutes for natural teeth, to the
18		user or prospective user thereof; or
19		(10) Who instructs students on clinical matters or
20		performs any clinical operation included in the curricula
21		of recognized dental schools and colleges; or
22		(11) Who takes material or digital scans for final
23		impressions of human teeth or places his or her hands in
24		the mouth of any person for the purpose of applying teeth
25		whitening materials, or who takes impressions of human
26		teeth or places his or her hands in the mouth of any person

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1		for the purpose of assisting in the application of teeth
2		whitening materials. A person does not practice dentistry
3		when he or she discloses to the consumer that he or she is
4		not licensed as a dentist under this Act and (i) discusses
5		the use of teeth whitening materials with a consumer
6		purchasing these materials; (ii) provides instruction on
7		the use of teeth whitening materials with a consumer
8		purchasing these materials; or (iii) provides appropriate
9		equipment on-site to the consumer for the consumer to
10		self-apply teeth whitening materials.
11		The fact that any person engages in or performs, or offers
12		to engage in or perform, any of the practices, acts, or
13		operations set forth in this Section, shall be prima facie
14		evidence that such person is engaged in the practice of
15		dentistry.
16		The following practices, acts, and operations, however,
17		are exempt from the operation of this Act:
18		(a) The rendering of dental relief in emergency cases
19		in the practice of his or her profession by a physician or
20		surgeon, licensed as such under the laws of this State,
21		unless he or she undertakes to reproduce or reproduces
22		lost parts of the human teeth in the mouth or to restore or
23		replace lost or missing teeth in the mouth; or
24		(b) The practice of dentistry in the discharge of
25		their official duties by dentists in any branch of the
26		Armed Services of the United States, the United States

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1		Public Health Service, or the United States Veterans
2		Administration; or
3		(c) The practice of dentistry by students in their
4		course of study in dental schools or colleges approved by
5		the Department, when acting under the direction and
6		supervision of dentists acting as instructors; or
7		(d) The practice of dentistry by clinical instructors
8		in the course of their teaching duties in dental schools
9		or colleges approved by the Department:
10		(i) when acting under the direction and
11		supervision of dentists, provided that such clinical
12		instructors have instructed continuously in this State
13		since January 1, 1986; or
14		(ii) when holding the rank of full professor at
15		such approved dental school or college and possessing
16		a current valid license or authorization to practice
17		dentistry in another country; or
18		(e) The practice of dentistry by licensed dentists of
19		other states or countries at meetings of the Illinois
20		State Dental Society or component parts thereof, alumni
21		meetings of dental colleges, or any other like dental
22		organizations, while appearing as clinicians; or
23		(f) The use of X-Ray machines for exposing X-Ray films
24		of dental or oral tissues by dental hygienists or dental
25		assistants; or
26		(g) The performance of any dental service by a dental

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1		assistant, if such service is performed under the
2		supervision and full responsibility of a dentist. In
3		addition, after being authorized by a dentist, a dental
4		assistant may, for the purpose of eliminating pain or
5		discomfort, remove loose, broken, or irritating
6		orthodontic appliances on a patient of record.
7		For purposes of this paragraph (g), "dental service"
8		is defined to mean any intraoral procedure or act which
9		shall be prescribed by rule or regulation of the
10		Department. Dental service, however, shall not include:
11		(1) Any and all diagnosis of or prescription for
12		treatment of disease, pain, deformity, deficiency,
13		injury or physical condition of the human teeth or
14		jaws, or adjacent structures.
15		(2) Removal of, or restoration of, or addition to
16		the hard or soft tissues of the oral cavity, except for
17		the placing, carving, and finishing of amalgam
18		restorations and placing, packing, and finishing
19		composite restorations by dental assistants who have
20		had additional formal education and certification.
21		A dental assistant may place, carve, and finish
22		amalgam restorations, place, pack, and finish
23		composite restorations, and place interim restorations
24		if he or she (A) has successfully completed a
25		structured training program as described in item (2)
26		of subsection (g) provided by an educational

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1		institution accredited by the Commission on Dental
2		Accreditation, such as a dental school or dental
3		hygiene or dental assistant program, or (B) has at
4		least 4,000 hours of direct clinical patient care
5		experience and has successfully completed a structured
6		training program as described in item (2) of
7		subsection (g) provided by a statewide dental
8		association, approved by the Department to provide
9		continuing education, that has developed and conducted
10		training programs for expanded functions for dental
11		assistants or hygienists. The training program must:
12		(i) include a minimum of 16 hours of didactic study and
13		14 hours of clinical manikin instruction; all training
14		programs shall include areas of study in nomenclature,
15		caries classifications, oral anatomy, periodontium,
16		basic occlusion, instrumentations, pulp protection
17		liners and bases, dental materials, matrix and wedge
18		techniques, amalgam placement and carving, rubber dam
19		clamp placement, and rubber dam placement and removal;
20		(ii) include an outcome assessment examination that
21		demonstrates competency; (iii) require the supervising
22		dentist to observe and approve the completion of 8
23		amalgam or composite restorations; and (iv) issue a
24		certificate of completion of the training program,
25		which must be kept on file at the dental office and be
26		made available to the Department upon request. A

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1		dental assistant must have successfully completed an
2		approved coronal polishing and dental sealant course
3		prior to taking the amalgam and composite restoration
4		course.
5		A dentist utilizing dental assistants shall not
6		supervise more than 4 dental assistants at any one
7		time for placing, carving, and finishing of amalgam
8		restorations or for placing, packing, and finishing
9		composite restorations.
10		(3) Any and all correction of malformation of
11		teeth or of the jaws.
12		(4) Administration of anesthetics, except for
13		monitoring of nitrous oxide, conscious sedation, deep
14		sedation, and general anesthetic as provided in
15		Section 8.1 of this Act, that may be performed only
16		after successful completion of a training program
17		approved by the Department. A dentist utilizing dental
18		assistants shall not supervise more than 4 dental
19		assistants at any one time for the monitoring of
20		nitrous oxide.
21		(5) Removal of calculus from human teeth.
22		(6) Taking of material or digital scans for final
23		impressions for the fabrication of prosthetic
24		appliances, crowns, bridges, inlays, onlays, or other
25		restorative or replacement dentistry.
26		(7) The operative procedure of dental hygiene

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1		consisting of oral prophylactic procedures, except for
2		coronal polishing and pit and fissure sealants, which
3		may be performed by a dental assistant who has
4		successfully completed a training program approved by
5		the Department. Dental assistants may perform coronal
6		polishing under the following circumstances: (i) the
7		coronal polishing shall be limited to polishing the
8		clinical crown of the tooth and existing restorations,
9		supragingivally; (ii) the dental assistant performing
10		the coronal polishing shall be limited to the use of
11		rotary instruments using a rubber cup or brush
12		polishing method (air polishing is not permitted); and
13		(iii) the supervising dentist shall not supervise more
14		than 4 dental assistants at any one time for the task
15		of coronal polishing or pit and fissure sealants.
16		In addition to coronal polishing and pit and
17		fissure sealants as described in this item (7), a
18		dental assistant who has at least 2,000 hours of
19		direct clinical patient care experience and who has
20		successfully completed a structured training program
21		provided by (1) an educational institution such as a
22		dental school or dental hygiene or dental assistant
23		program, or (2) by a statewide dental or dental
24		hygienist association, approved by the Department on
25		or before January 1, 2017 (the effective date of
26		Public Act 99-680) this amendatory Act of the 99th

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1		General Assembly, that has developed and conducted a
2		training program for expanded functions for dental
3		assistants or hygienists may perform: (A) coronal
4		scaling above the gum line, supragingivally, on the
5		clinical crown of the tooth only on patients 12 years
6		of age or younger who have an absence of periodontal
7		disease and who are not medically compromised or
8		individuals with special needs and (B) intracoronal
9		temporization of a tooth. The training program must:
10		(I) include a minimum of 16 hours of instruction in
11		both didactic and clinical manikin or human subject
12		instruction; all training programs shall include areas
13		of study in dental anatomy, public health dentistry,
14		medical history, dental emergencies, and managing the
15		pediatric patient; (II) include an outcome assessment
16		examination that demonstrates competency; (III)
17		require the supervising dentist to observe and approve
18		the completion of 6 full mouth supragingival scaling
19		procedures; and (IV) issue a certificate of completion
20		of the training program, which must be kept on file at
21		the dental office and be made available to the
22		Department upon request. A dental assistant must have
23		successfully completed an approved coronal polishing
24		course prior to taking the coronal scaling course. A
25		dental assistant performing these functions shall be
26		limited to the use of hand instruments only. In

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1		addition, coronal scaling as described in this
2		paragraph shall only be utilized on patients who are
3		eligible for Medicaid or who are uninsured and whose
4		household income is not greater than 200% of the
5		federal poverty level. A dentist may not supervise
6		more than 2 dental assistants at any one time for the
7		task of coronal scaling. This paragraph is inoperative
8		on and after January 1, 2026.
9		The limitations on the number of dental assistants a
10		dentist may supervise contained in items (2), (4), and (7)
11		of this paragraph (g) mean a limit of 4 total dental
12		assistants or dental hygienists doing expanded functions
13		covered by these Sections being supervised by one dentist;
14		or .
15		(h) The practice of dentistry by an individual who:
16		(i) has applied in writing to the Department, in
17		form and substance satisfactory to the Department, for
18		a general dental license and has complied with all
19		provisions of Section 9 of this Act, except for the
20		passage of the examination specified in subsection (e)
21		of Section 9 of this Act; or
22		(ii) has applied in writing to the Department, in
23		form and substance satisfactory to the Department, for
24		a temporary dental license and has complied with all
25		provisions of subsection (c) of Section 11 of this
26		Act; and

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1		(iii) has been accepted or appointed for specialty
2		or residency training by a hospital situated in this
3		State; or
4		(iv) has been accepted or appointed for specialty
5		training in an approved dental program situated in
6		this State; or
7		(v) has been accepted or appointed for specialty
8		training in a dental public health agency situated in
9		this State.
10		The applicant shall be permitted to practice dentistry
11		for a period of 3 months from the starting date of the
12		program, unless authorized in writing by the Department to
13		continue such practice for a period specified in writing
14		by the Department.
15		The applicant shall only be entitled to perform such
16		acts as may be prescribed by and incidental to his or her
17		program of residency or specialty training and shall not
18		otherwise engage in the practice of dentistry in this
19		State.
20		The authority to practice shall terminate immediately
21		upon:
22		(1) the decision of the Department that the
23		applicant has failed the examination; or
24		(2) denial of licensure by the Department; or
25		(3) withdrawal of the application.
26		(Source: P.A. 100-215, eff. 1-1-18; 100-976, eff. 1-1-19;

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1		101-162, eff. 7-26-19; revised 9-19-19.)
2		Section 530. The Medical Practice Act of 1987 is amended
3		by changing Sections 22 and 36 as follows:
4		(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
5		(Section scheduled to be repealed on January 1, 2022)
6		Sec. 22. Disciplinary action.
7		(A) The Department may revoke, suspend, place on
8		probation, reprimand, refuse to issue or renew, or take any
9		other disciplinary or non-disciplinary action as the
10		Department may deem proper with regard to the license or
11		permit of any person issued under this Act, including imposing
12		fines not to exceed $10,000 for each violation, upon any of the
13		following grounds:
14		(1) (Blank).
15		(2) (Blank).
16		(3) A plea of guilty or nolo contendere, finding of
17		guilt, jury verdict, or entry of judgment or sentencing,
18		including, but not limited to, convictions, preceding
19		sentences of supervision, conditional discharge, or first
20		offender probation, under the laws of any jurisdiction of
21		the United States of any crime that is a felony.
22		(4) Gross negligence in practice under this Act.
23		(5) Engaging in dishonorable, unethical, or
24		unprofessional conduct of a character likely to deceive,

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1		defraud or harm the public.
2		(6) Obtaining any fee by fraud, deceit, or
3		misrepresentation.
4		(7) Habitual or excessive use or abuse of drugs
5		defined in law as controlled substances, of alcohol, or of
6		any other substances which results in the inability to
7		practice with reasonable judgment, skill, or safety.
8		(8) Practicing under a false or, except as provided by
9		law, an assumed name.
10		(9) Fraud or misrepresentation in applying for, or
11		procuring, a license under this Act or in connection with
12		applying for renewal of a license under this Act.
13		(10) Making a false or misleading statement regarding
14		their skill or the efficacy or value of the medicine,
15		treatment, or remedy prescribed by them at their direction
16		in the treatment of any disease or other condition of the
17		body or mind.
18		(11) Allowing another person or organization to use
19		their license, procured under this Act, to practice.
20		(12) Adverse action taken by another state or
21		jurisdiction against a license or other authorization to
22		practice as a medical doctor, doctor of osteopathy, doctor
23		of osteopathic medicine or doctor of chiropractic, a
24		certified copy of the record of the action taken by the
25		other state or jurisdiction being prima facie evidence
26		thereof. This includes any adverse action taken by a State

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1		or federal agency that prohibits a medical doctor, doctor
2		of osteopathy, doctor of osteopathic medicine, or doctor
3		of chiropractic from providing services to the agency's
4		participants.
5		(13) Violation of any provision of this Act or of the
6		Medical Practice Act prior to the repeal of that Act, or
7		violation of the rules, or a final administrative action
8		of the Secretary, after consideration of the
9		recommendation of the Disciplinary Board.
10		(14) Violation of the prohibition against fee
11		splitting in Section 22.2 of this Act.
12		(15) A finding by the Disciplinary Board that the
13		registrant after having his or her license placed on
14		probationary status or subjected to conditions or
15		restrictions violated the terms of the probation or failed
16		to comply with such terms or conditions.
17		(16) Abandonment of a patient.
18		(17) Prescribing, selling, administering,
19		distributing, giving, or self-administering any drug
20		classified as a controlled substance (designated product)
21		or narcotic for other than medically accepted therapeutic
22		purposes.
23		(18) Promotion of the sale of drugs, devices,
24		appliances, or goods provided for a patient in such manner
25		as to exploit the patient for financial gain of the
26		physician.

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1		(19) Offering, undertaking, or agreeing to cure or
2		treat disease by a secret method, procedure, treatment, or
3		medicine, or the treating, operating, or prescribing for
4		any human condition by a method, means, or procedure which
5		the licensee refuses to divulge upon demand of the
6		Department.
7		(20) Immoral conduct in the commission of any act
8		including, but not limited to, commission of an act of
9		sexual misconduct related to the licensee's practice.
10		(21) Willfully making or filing false records or
11		reports in his or her practice as a physician, including,
12		but not limited to, false records to support claims
13		against the medical assistance program of the Department
14		of Healthcare and Family Services (formerly Department of
15		Public Aid) under the Illinois Public Aid Code.
16		(22) Willful omission to file or record, or willfully
17		impeding the filing or recording, or inducing another
18		person to omit to file or record, medical reports as
19		required by law, or willfully failing to report an
20		instance of suspected abuse or neglect as required by law.
21		(23) Being named as a perpetrator in an indicated
22		report by the Department of Children and Family Services
23		under the Abused and Neglected Child Reporting Act, and
24		upon proof by clear and convincing evidence that the
25		licensee has caused a child to be an abused child or
26		neglected child as defined in the Abused and Neglected

SB2435 Enrolled - 1182 - LRB102 04062 AMC 14078 b
1		Child Reporting Act.
2		(24) Solicitation of professional patronage by any
3		corporation, agents or persons, or profiting from those
4		representing themselves to be agents of the licensee.
5		(25) Gross and willful and continued overcharging for
6		professional services, including filing false statements
7		for collection of fees for which services are not
8		rendered, including, but not limited to, filing such false
9		statements for collection of monies for services not
10		rendered from the medical assistance program of the
11		Department of Healthcare and Family Services (formerly
12		Department of Public Aid) under the Illinois Public Aid
13		Code.
14		(26) A pattern of practice or other behavior which
15		demonstrates incapacity or incompetence to practice under
16		this Act.
17		(27) Mental illness or disability which results in the
18		inability to practice under this Act with reasonable
19		judgment, skill, or safety.
20		(28) Physical illness, including, but not limited to,
21		deterioration through the aging process, or loss of motor
22		skill which results in a physician's inability to practice
23		under this Act with reasonable judgment, skill, or safety.
24		(29) Cheating on or attempt to subvert the licensing
25		examinations administered under this Act.
26		(30) Willfully or negligently violating the

SB2435 Enrolled - 1183 - LRB102 04062 AMC 14078 b
1		confidentiality between physician and patient except as
2		required by law.
3		(31) The use of any false, fraudulent, or deceptive
4		statement in any document connected with practice under
5		this Act.
6		(32) Aiding and abetting an individual not licensed
7		under this Act in the practice of a profession licensed
8		under this Act.
9		(33) Violating state or federal laws or regulations
10		relating to controlled substances, legend drugs, or
11		ephedra as defined in the Ephedra Prohibition Act.
12		(34) Failure to report to the Department any adverse
13		final action taken against them by another licensing
14		jurisdiction (any other state or any territory of the
15		United States or any foreign state or country), by any
16		peer review body, by any health care institution, by any
17		professional society or association related to practice
18		under this Act, by any governmental agency, by any law
19		enforcement agency, or by any court for acts or conduct
20		similar to acts or conduct which would constitute grounds
21		for action as defined in this Section.
22		(35) Failure to report to the Department surrender of
23		a license or authorization to practice as a medical
24		doctor, a doctor of osteopathy, a doctor of osteopathic
25		medicine, or doctor of chiropractic in another state or
26		jurisdiction, or surrender of membership on any medical

SB2435 Enrolled - 1184 - LRB102 04062 AMC 14078 b
1		staff or in any medical or professional association or
2		society, while under disciplinary investigation by any of
3		those authorities or bodies, for acts or conduct similar
4		to acts or conduct which would constitute grounds for
5		action as defined in this Section.
6		(36) Failure to report to the Department any adverse
7		judgment, settlement, or award arising from a liability
8		claim related to acts or conduct similar to acts or
9		conduct which would constitute grounds for action as
10		defined in this Section.
11		(37) Failure to provide copies of medical records as
12		required by law.
13		(38) Failure to furnish the Department, its
14		investigators or representatives, relevant information,
15		legally requested by the Department after consultation
16		with the Chief Medical Coordinator or the Deputy Medical
17		Coordinator.
18		(39) Violating the Health Care Worker Self-Referral
19		Act.
20		(40) Willful failure to provide notice when notice is
21		required under the Parental Notice of Abortion Act of
22		1995.
23		(41) Failure to establish and maintain records of
24		patient care and treatment as required by this law.
25		(42) Entering into an excessive number of written
26		collaborative agreements with licensed advanced practice

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1		registered nurses resulting in an inability to adequately
2		collaborate.
3		(43) Repeated failure to adequately collaborate with a
4		licensed advanced practice registered nurse.
5		(44) Violating the Compassionate Use of Medical
6		Cannabis Program Act.
7		(45) Entering into an excessive number of written
8		collaborative agreements with licensed prescribing
9		psychologists resulting in an inability to adequately
10		collaborate.
11		(46) Repeated failure to adequately collaborate with a
12		licensed prescribing psychologist.
13		(47) Willfully failing to report an instance of
14		suspected abuse, neglect, financial exploitation, or
15		self-neglect of an eligible adult as defined in and
16		required by the Adult Protective Services Act.
17		(48) Being named as an abuser in a verified report by
18		the Department on Aging under the Adult Protective
19		Services Act, and upon proof by clear and convincing
20		evidence that the licensee abused, neglected, or
21		financially exploited an eligible adult as defined in the
22		Adult Protective Services Act.
23		(49) Entering into an excessive number of written
24		collaborative agreements with licensed physician
25		assistants resulting in an inability to adequately
26		collaborate.

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1		(50) Repeated failure to adequately collaborate with a
2		physician assistant.
3		Except for actions involving the ground numbered (26), all
4		proceedings to suspend, revoke, place on probationary status,
5		or take any other disciplinary action as the Department may
6		deem proper, with regard to a license on any of the foregoing
7		grounds, must be commenced within 5 years next after receipt
8		by the Department of a complaint alleging the commission of or
9		notice of the conviction order for any of the acts described
10		herein. Except for the grounds numbered (8), (9), (26), and
11		(29), no action shall be commenced more than 10 years after the
12		date of the incident or act alleged to have violated this
13		Section. For actions involving the ground numbered (26), a
14		pattern of practice or other behavior includes all incidents
15		alleged to be part of the pattern of practice or other behavior
16		that occurred, or a report pursuant to Section 23 of this Act
17		received, within the 10-year period preceding the filing of
18		the complaint. In the event of the settlement of any claim or
19		cause of action in favor of the claimant or the reduction to
20		final judgment of any civil action in favor of the plaintiff,
21		such claim, cause of action, or civil action being grounded on
22		the allegation that a person licensed under this Act was
23		negligent in providing care, the Department shall have an
24		additional period of 2 years from the date of notification to
25		the Department under Section 23 of this Act of such settlement
26		or final judgment in which to investigate and commence formal

SB2435 Enrolled - 1187 - LRB102 04062 AMC 14078 b
1		disciplinary proceedings under Section 36 of this Act, except
2		as otherwise provided by law. The time during which the holder
3		of the license was outside the State of Illinois shall not be
4		included within any period of time limiting the commencement
5		of disciplinary action by the Department.
6		The entry of an order or judgment by any circuit court
7		establishing that any person holding a license under this Act
8		is a person in need of mental treatment operates as a
9		suspension of that license. That person may resume his or her
10		their practice only upon the entry of a Departmental order
11		based upon a finding by the Disciplinary Board that the person
12		has they have been determined to be recovered from mental
13		illness by the court and upon the Disciplinary Board's
14		recommendation that the person they be permitted to resume his
15		or her their practice.
16		The Department may refuse to issue or take disciplinary
17		action concerning the license of any person who fails to file a
18		return, or to pay the tax, penalty, or interest shown in a
19		filed return, or to pay any final assessment of tax, penalty,
20		or interest, as required by any tax Act administered by the
21		Illinois Department of Revenue, until such time as the
22		requirements of any such tax Act are satisfied as determined
23		by the Illinois Department of Revenue.
24		The Department, upon the recommendation of the
25		Disciplinary Board, shall adopt rules which set forth
26		standards to be used in determining:

SB2435 Enrolled - 1188 - LRB102 04062 AMC 14078 b
1		(a) when a person will be deemed sufficiently
2		rehabilitated to warrant the public trust;
3		(b) what constitutes dishonorable, unethical, or
4		unprofessional conduct of a character likely to deceive,
5		defraud, or harm the public;
6		(c) what constitutes immoral conduct in the commission
7		of any act, including, but not limited to, commission of
8		an act of sexual misconduct related to the licensee's
9		practice; and
10		(d) what constitutes gross negligence in the practice
11		of medicine.
12		However, no such rule shall be admissible into evidence in
13		any civil action except for review of a licensing or other
14		disciplinary action under this Act.
15		In enforcing this Section, the Disciplinary Board or the
16		Licensing Board, upon a showing of a possible violation, may
17		compel, in the case of the Disciplinary Board, any individual
18		who is licensed to practice under this Act or holds a permit to
19		practice under this Act, or, in the case of the Licensing
20		Board, any individual who has applied for licensure or a
21		permit pursuant to this Act, to submit to a mental or physical
22		examination and evaluation, or both, which may include a
23		substance abuse or sexual offender evaluation, as required by
24		the Licensing Board or Disciplinary Board and at the expense
25		of the Department. The Disciplinary Board or Licensing Board
26		shall specifically designate the examining physician licensed

SB2435 Enrolled - 1189 - LRB102 04062 AMC 14078 b
1		to practice medicine in all of its branches or, if applicable,
2		the multidisciplinary team involved in providing the mental or
3		physical examination and evaluation, or both. The
4		multidisciplinary team shall be led by a physician licensed to
5		practice medicine in all of its branches and may consist of one
6		or more or a combination of physicians licensed to practice
7		medicine in all of its branches, licensed chiropractic
8		physicians, licensed clinical psychologists, licensed clinical
9		social workers, licensed clinical professional counselors, and
10		other professional and administrative staff. Any examining
11		physician or member of the multidisciplinary team may require
12		any person ordered to submit to an examination and evaluation
13		pursuant to this Section to submit to any additional
14		supplemental testing deemed necessary to complete any
15		examination or evaluation process, including, but not limited
16		to, blood testing, urinalysis, psychological testing, or
17		neuropsychological testing. The Disciplinary Board, the
18		Licensing Board, or the Department may order the examining
19		physician or any member of the multidisciplinary team to
20		provide to the Department, the Disciplinary Board, or the
21		Licensing Board any and all records, including business
22		records, that relate to the examination and evaluation,
23		including any supplemental testing performed. The Disciplinary
24		Board, the Licensing Board, or the Department may order the
25		examining physician or any member of the multidisciplinary
26		team to present testimony concerning this examination and

SB2435 Enrolled - 1190 - LRB102 04062 AMC 14078 b
1		evaluation of the licensee, permit holder, or applicant,
2		including testimony concerning any supplemental testing or
3		documents relating to the examination and evaluation. No
4		information, report, record, or other documents in any way
5		related to the examination and evaluation shall be excluded by
6		reason of any common law or statutory privilege relating to
7		communication between the licensee, permit holder, or
8		applicant and the examining physician or any member of the
9		multidisciplinary team. No authorization is necessary from the
10		licensee, permit holder, or applicant ordered to undergo an
11		evaluation and examination for the examining physician or any
12		member of the multidisciplinary team to provide information,
13		reports, records, or other documents or to provide any
14		testimony regarding the examination and evaluation. The
15		individual to be examined may have, at his or her own expense,
16		another physician of his or her choice present during all
17		aspects of the examination. Failure of any individual to
18		submit to mental or physical examination and evaluation, or
19		both, when directed, shall result in an automatic suspension,
20		without hearing, until such time as the individual submits to
21		the examination. If the Disciplinary Board or Licensing Board
22		finds a physician unable to practice following an examination
23		and evaluation because of the reasons set forth in this
24		Section, the Disciplinary Board or Licensing Board shall
25		require such physician to submit to care, counseling, or
26		treatment by physicians, or other health care professionals,

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1		approved or designated by the Disciplinary Board, as a
2		condition for issued, continued, reinstated, or renewed
3		licensure to practice. Any physician, whose license was
4		granted pursuant to Sections 9, 17, or 19 of this Act, or,
5		continued, reinstated, renewed, disciplined or supervised,
6		subject to such terms, conditions, or restrictions who shall
7		fail to comply with such terms, conditions, or restrictions,
8		or to complete a required program of care, counseling, or
9		treatment, as determined by the Chief Medical Coordinator or
10		Deputy Medical Coordinators, shall be referred to the
11		Secretary for a determination as to whether the licensee shall
12		have his or her their license suspended immediately, pending a
13		hearing by the Disciplinary Board. In instances in which the
14		Secretary immediately suspends a license under this Section, a
15		hearing upon such person's license must be convened by the
16		Disciplinary Board within 15 days after such suspension and
17		completed without appreciable delay. The Disciplinary Board
18		shall have the authority to review the subject physician's
19		record of treatment and counseling regarding the impairment,
20		to the extent permitted by applicable federal statutes and
21		regulations safeguarding the confidentiality of medical
22		records.
23		An individual licensed under this Act, affected under this
24		Section, shall be afforded an opportunity to demonstrate to
25		the Disciplinary Board that he or she they can resume practice
26		in compliance with acceptable and prevailing standards under

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1		the provisions of his or her their license.
2		The Department may promulgate rules for the imposition of
3		fines in disciplinary cases, not to exceed $10,000 for each
4		violation of this Act. Fines may be imposed in conjunction
5		with other forms of disciplinary action, but shall not be the
6		exclusive disposition of any disciplinary action arising out
7		of conduct resulting in death or injury to a patient. Any funds
8		collected from such fines shall be deposited in the Illinois
9		State Medical Disciplinary Fund.
10		All fines imposed under this Section shall be paid within
11		60 days after the effective date of the order imposing the fine
12		or in accordance with the terms set forth in the order imposing
13		the fine.
14		(B) The Department shall revoke the license or permit
15		issued under this Act to practice medicine or a chiropractic
16		physician who has been convicted a second time of committing
17		any felony under the Illinois Controlled Substances Act or the
18		Methamphetamine Control and Community Protection Act, or who
19		has been convicted a second time of committing a Class 1 felony
20		under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
21		person whose license or permit is revoked under this
22		subsection B shall be prohibited from practicing medicine or
23		treating human ailments without the use of drugs and without
24		operative surgery.
25		(C) The Department shall not revoke, suspend, place on
26		probation, reprimand, refuse to issue or renew, or take any

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1		other disciplinary or non-disciplinary action against the
2		license or permit issued under this Act to practice medicine
3		to a physician:
4		(1) based solely upon the recommendation of the
5		physician to an eligible patient regarding, or
6		prescription for, or treatment with, an investigational
7		drug, biological product, or device; or
8		(2) for experimental treatment for Lyme disease or
9		other tick-borne diseases, including, but not limited to,
10		the prescription of or treatment with long-term
11		antibiotics.
12		(D) The Disciplinary Board shall recommend to the
13		Department civil penalties and any other appropriate
14		discipline in disciplinary cases when the Board finds that a
15		physician willfully performed an abortion with actual
16		knowledge that the person upon whom the abortion has been
17		performed is a minor or an incompetent person without notice
18		as required under the Parental Notice of Abortion Act of 1995.
19		Upon the Board's recommendation, the Department shall impose,
20		for the first violation, a civil penalty of $1,000 and for a
21		second or subsequent violation, a civil penalty of $5,000.
22		(Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;
23		100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.
24		1-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,
25		eff. 8-9-19; revised 9-20-19.)

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1		(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 36. Investigation; notice.
4		(a) Upon the motion of either the Department or the
5		Disciplinary Board or upon the verified complaint in writing
6		of any person setting forth facts which, if proven, would
7		constitute grounds for suspension or revocation under Section
8		22 of this Act, the Department shall investigate the actions
9		of any person, so accused, who holds or represents that he or
10		she holds a license. Such person is hereinafter called the
11		accused.
12		(b) The Department shall, before suspending, revoking,
13		placing on probationary status, or taking any other
14		disciplinary action as the Department may deem proper with
15		regard to any license at least 30 days prior to the date set
16		for the hearing, notify the accused in writing of any charges
17		made and the time and place for a hearing of the charges before
18		the Disciplinary Board, direct him or her to file his or her
19		written answer thereto to the Disciplinary Board under oath
20		within 20 days after the service on him or her of such notice
21		and inform him or her that if he or she fails to file such
22		answer default will be taken against him or her and his or her
23		license may be suspended, revoked, placed on probationary
24		status, or have other disciplinary action, including limiting
25		the scope, nature or extent of his or her practice, as the
26		Department may deem proper taken with regard thereto. The

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1		Department shall, at least 14 days prior to the date set for
2		the hearing, notify in writing any person who filed a
3		complaint against the accused of the time and place for the
4		hearing of the charges against the accused before the
5		Disciplinary Board and inform such person whether he or she
6		may provide testimony at the hearing.
7		(c) (Blank).
8		(d) Such written notice and any notice in such proceedings
9		thereafter may be served by personal delivery, email to the
10		respondent's email address of record, or mail to the
11		respondent's address of record.
12		(e) All information gathered by the Department during its
13		investigation including information subpoenaed under Section
14		23 or 38 of this Act and the investigative file shall be kept
15		for the confidential use of the Secretary, Disciplinary Board,
16		the Medical Coordinators, persons employed by contract to
17		advise the Medical Coordinator or the Department, the
18		Disciplinary Board's attorneys, the medical investigative
19		staff, and authorized clerical staff, as provided in this Act
20		and shall be afforded the same status as is provided
21		information concerning medical studies in Part 21 of Article
22		VIII of the Code of Civil Procedure, except that the
23		Department may disclose information and documents to a
24		federal, State, or local law enforcement agency pursuant to a
25		subpoena in an ongoing criminal investigation to a health care
26		licensing body of this State or another state or jurisdiction

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1		pursuant to an official request made by that licensing body.
2		Furthermore, information and documents disclosed to a federal,
3		State, or local law enforcement agency may be used by that
4		agency only for the investigation and prosecution of a
5		criminal offense or, in the case of disclosure to a health care
6		licensing body, only for investigations and disciplinary
7		action proceedings with regard to a license issued by that
8		licensing body.
9		(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
10		revised 9-20-19.)
11		Section 535. The Nurse Practice Act is amended by changing
12		Sections 65-5 and 70-5 as follows:
13		(225 ILCS 65/65-5) (was 225 ILCS 65/15-10)
14		(Section scheduled to be repealed on January 1, 2028)
15		Sec. 65-5. Qualifications for APRN licensure.
16		(a) Each applicant who successfully meets the requirements
17		of this Section is eligible for licensure as an advanced
18		practice registered nurse.
19		(b) An applicant for licensure to practice as an advanced
20		practice registered nurse is eligible for licensure when the
21		following requirements are met:
22		(1) the applicant has submitted a completed
23		application and any fees as established by the Department;
24		(2) the applicant holds a current license to practice

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1		as a registered professional nurse under this Act;
2		(3) the applicant has successfully completed
3		requirements to practice as, and holds and maintains
4		current, national certification as, a nurse midwife,
5		clinical nurse specialist, nurse practitioner, or
6		certified registered nurse anesthetist from the
7		appropriate national certifying body as determined by rule
8		of the Department;
9		(4) the applicant has obtained a graduate degree
10		appropriate for national certification in a clinical
11		advanced practice registered nursing specialty or a
12		graduate degree or post-master's certificate from a
13		graduate level program in a clinical advanced practice
14		registered nursing specialty;
15		(5) (blank);
16		(6) the applicant has submitted to the criminal
17		history records check required under Section 50-35 of this
18		Act; and
19		(7) if applicable, the applicant has submitted
20		verification of licensure status in another jurisdiction,
21		as provided by rule.
22		(b-5) A registered professional nurse seeking licensure as
23		an advanced practice registered nurse in the category of
24		certified registered nurse anesthetist who does not have a
25		graduate degree as described in subsection (b) of this Section
26		shall be qualified for licensure if that person:

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1		(1) submits evidence of having successfully completed
2		a nurse anesthesia program described in item (4) of
3		subsection (b) of this Section prior to January 1, 1999;
4		(2) submits evidence of certification as a registered
5		nurse anesthetist by an appropriate national certifying
6		body; and
7		(3) has continually maintained active, up-to-date
8		recertification status as a certified registered nurse
9		anesthetist by an appropriate national recertifying body.
10		(b-10) The Department may issue a certified registered
11		nurse anesthetist license to an APRN who (i) does not have a
12		graduate degree, (ii) applies for licensure before July 1,
13		2023, and (iii) submits all of the following to the
14		Department:
15		(1) His or her current State registered nurse license
16		number.
17		(2) Proof of current national certification, which
18		includes the completion of an examination from either of
19		the following:
20		(A) the Council on Certification of the American
21		Association of Nurse Anesthetists; or
22		(B) the Council on Recertification of the American
23		Association of Nurse Anesthetists.
24		(3) Proof of the successful completion of a post-basic
25		advanced practice formal education program in the area of
26		nurse anesthesia prior to January 1, 1999.

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1		(4) His or her complete work history for the 5-year
2		period immediately preceding the date of his or her
3		application.
4		(5) Verification of licensure as an advanced practice
5		registered nurse from the state in which he or she was
6		originally licensed, current state of licensure, and any
7		other state in which he or she has been actively
8		practicing as an advanced practice registered nurse within
9		the 5-year period immediately preceding the date of his or
10		her application. If applicable, this verification must
11		state:
12		(A) the time during which he or she was licensed in
13		each state, including the date of the original
14		issuance of each license; and
15		(B) any disciplinary action taken or pending
16		concerning any nursing license held, currently or in
17		the past, by the applicant.
18		(6) The required fee.
19		(c) Those applicants seeking licensure in more than one
20		advanced practice registered nursing specialty need not
21		possess multiple graduate degrees. Applicants may be eligible
22		for licenses for multiple advanced practice registered nurse
23		licensure specialties, provided that the applicant (i) has met
24		the requirements for at least one advanced practice registered
25		nursing specialty under paragraph paragraphs (3) and (5) of
26		subsection (b) (a) of this Section, (ii) possesses an

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1		additional graduate education that results in a certificate
2		for another clinical advanced practice registered nurse
3		specialty and that meets the requirements for the national
4		certification from the appropriate nursing specialty, and
5		(iii) holds a current national certification from the
6		appropriate national certifying body for that additional
7		advanced practice registered nursing specialty.
8		(Source: P.A. 100-231, eff. 1-1-18; 100-513, eff. 1-1-18;
9		revised 8-21-20.)
10		(225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
11		(Section scheduled to be repealed on January 1, 2028)
12		Sec. 70-5. Grounds for disciplinary action.
13		(a) The Department may refuse to issue or to renew, or may
14		revoke, suspend, place on probation, reprimand, or take other
15		disciplinary or non-disciplinary action as the Department may
16		deem appropriate, including fines not to exceed $10,000 per
17		violation, with regard to a license for any one or combination
18		of the causes set forth in subsection (b) below. All fines
19		collected under this Section shall be deposited in the Nursing
20		Dedicated and Professional Fund.
21		(b) Grounds for disciplinary action include the following:
22		(1) Material deception in furnishing information to
23		the Department.
24		(2) Material violations of any provision of this Act
25		or violation of the rules of or final administrative

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1		action of the Secretary, after consideration of the
2		recommendation of the Board.
3		(3) Conviction by plea of guilty or nolo contendere,
4		finding of guilt, jury verdict, or entry of judgment or by
5		sentencing of any crime, including, but not limited to,
6		convictions, preceding sentences of supervision,
7		conditional discharge, or first offender probation, under
8		the laws of any jurisdiction of the United States: (i)
9		that is a felony; or (ii) that is a misdemeanor, an
10		essential element of which is dishonesty, or that is
11		directly related to the practice of the profession.
12		(4) A pattern of practice or other behavior which
13		demonstrates incapacity or incompetency to practice under
14		this Act.
15		(5) Knowingly aiding or assisting another person in
16		violating any provision of this Act or rules.
17		(6) Failing, within 90 days, to provide a response to
18		a request for information in response to a written request
19		made by the Department by certified or registered mail or
20		by email to the email address of record.
21		(7) Engaging in dishonorable, unethical or
22		unprofessional conduct of a character likely to deceive,
23		defraud or harm the public, as defined by rule.
24		(8) Unlawful taking, theft, selling, distributing, or
25		manufacturing of any drug, narcotic, or prescription
26		device.

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1		(9) Habitual or excessive use or addiction to alcohol,
2		narcotics, stimulants, or any other chemical agent or drug
3		that could result in a licensee's inability to practice
4		with reasonable judgment, skill or safety.
5		(10) Discipline by another U.S. jurisdiction or
6		foreign nation, if at least one of the grounds for the
7		discipline is the same or substantially equivalent to
8		those set forth in this Section.
9		(11) A finding that the licensee, after having her or
10		his license placed on probationary status or subject to
11		conditions or restrictions, has violated the terms of
12		probation or failed to comply with such terms or
13		conditions.
14		(12) Being named as a perpetrator in an indicated
15		report by the Department of Children and Family Services
16		and under the Abused and Neglected Child Reporting Act,
17		and upon proof by clear and convincing evidence that the
18		licensee has caused a child to be an abused child or
19		neglected child as defined in the Abused and Neglected
20		Child Reporting Act.
21		(13) Willful omission to file or record, or willfully
22		impeding the filing or recording or inducing another
23		person to omit to file or record medical reports as
24		required by law.
25		(13.5) Willfully failing to report an instance of
26		suspected child abuse or neglect as required by the Abused

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1		and Neglected Child Reporting Act.
2		(14) Gross negligence in the practice of practical,
3		professional, or advanced practice registered nursing.
4		(15) Holding oneself out to be practicing nursing
5		under any name other than one's own.
6		(16) Failure of a licensee to report to the Department
7		any adverse final action taken against him or her by
8		another licensing jurisdiction of the United States or any
9		foreign state or country, any peer review body, any health
10		care institution, any professional or nursing society or
11		association, any governmental agency, any law enforcement
12		agency, or any court or a nursing liability claim related
13		to acts or conduct similar to acts or conduct that would
14		constitute grounds for action as defined in this Section.
15		(17) Failure of a licensee to report to the Department
16		surrender by the licensee of a license or authorization to
17		practice nursing or advanced practice registered nursing
18		in another state or jurisdiction or current surrender by
19		the licensee of membership on any nursing staff or in any
20		nursing or advanced practice registered nursing or
21		professional association or society while under
22		disciplinary investigation by any of those authorities or
23		bodies for acts or conduct similar to acts or conduct that
24		would constitute grounds for action as defined by this
25		Section.
26		(18) Failing, within 60 days, to provide information

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1		in response to a written request made by the Department.
2		(19) Failure to establish and maintain records of
3		patient care and treatment as required by law.
4		(20) Fraud, deceit or misrepresentation in applying
5		for or procuring a license under this Act or in connection
6		with applying for renewal of a license under this Act.
7		(21) Allowing another person or organization to use
8		the licensee's licensees' license to deceive the public.
9		(22) Willfully making or filing false records or
10		reports in the licensee's practice, including but not
11		limited to false records to support claims against the
12		medical assistance program of the Department of Healthcare
13		and Family Services (formerly Department of Public Aid)
14		under the Illinois Public Aid Code.
15		(23) Attempting to subvert or cheat on a licensing
16		examination administered under this Act.
17		(24) Immoral conduct in the commission of an act,
18		including, but not limited to, sexual abuse, sexual
19		misconduct, or sexual exploitation, related to the
20		licensee's practice.
21		(25) Willfully or negligently violating the
22		confidentiality between nurse and patient except as
23		required by law.
24		(26) Practicing under a false or assumed name, except
25		as provided by law.
26		(27) The use of any false, fraudulent, or deceptive

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1		statement in any document connected with the licensee's
2		practice.
3		(28) Directly or indirectly giving to or receiving
4		from a person, firm, corporation, partnership, or
5		association a fee, commission, rebate, or other form of
6		compensation for professional services not actually or
7		personally rendered. Nothing in this paragraph (28)
8		affects any bona fide independent contractor or employment
9		arrangements among health care professionals, health
10		facilities, health care providers, or other entities,
11		except as otherwise prohibited by law. Any employment
12		arrangements may include provisions for compensation,
13		health insurance, pension, or other employment benefits
14		for the provision of services within the scope of the
15		licensee's practice under this Act. Nothing in this
16		paragraph (28) shall be construed to require an employment
17		arrangement to receive professional fees for services
18		rendered.
19		(29) A violation of the Health Care Worker
20		Self-Referral Act.
21		(30) Physical illness, mental illness, or disability
22		that results in the inability to practice the profession
23		with reasonable judgment, skill, or safety.
24		(31) Exceeding the terms of a collaborative agreement
25		or the prescriptive authority delegated to a licensee by
26		his or her collaborating physician or podiatric physician

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1		in guidelines established under a written collaborative
2		agreement.
3		(32) Making a false or misleading statement regarding
4		a licensee's skill or the efficacy or value of the
5		medicine, treatment, or remedy prescribed by him or her in
6		the course of treatment.
7		(33) Prescribing, selling, administering,
8		distributing, giving, or self-administering a drug
9		classified as a controlled substance (designated product)
10		or narcotic for other than medically accepted therapeutic
11		purposes.
12		(34) Promotion of the sale of drugs, devices,
13		appliances, or goods provided for a patient in a manner to
14		exploit the patient for financial gain.
15		(35) Violating State or federal laws, rules, or
16		regulations relating to controlled substances.
17		(36) Willfully or negligently violating the
18		confidentiality between an advanced practice registered
19		nurse, collaborating physician, dentist, or podiatric
20		physician and a patient, except as required by law.
21		(37) Willfully failing to report an instance of
22		suspected abuse, neglect, financial exploitation, or
23		self-neglect of an eligible adult as defined in and
24		required by the Adult Protective Services Act.
25		(38) Being named as an abuser in a verified report by
26		the Department on Aging and under the Adult Protective

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1		Services Act, and upon proof by clear and convincing
2		evidence that the licensee abused, neglected, or
3		financially exploited an eligible adult as defined in the
4		Adult Protective Services Act.
5		(39) A violation of any provision of this Act or any
6		rules adopted under this Act.
7		(40) Violating the Compassionate Use of Medical
8		Cannabis Program Act.
9		(c) The determination by a circuit court that a licensee
10		is subject to involuntary admission or judicial admission as
11		provided in the Mental Health and Developmental Disabilities
12		Code, as amended, operates as an automatic suspension. The
13		suspension will end only upon a finding by a court that the
14		patient is no longer subject to involuntary admission or
15		judicial admission and issues an order so finding and
16		discharging the patient; and upon the recommendation of the
17		Board to the Secretary that the licensee be allowed to resume
18		his or her practice.
19		(d) The Department may refuse to issue or may suspend or
20		otherwise discipline the license of any person who fails to
21		file a return, or to pay the tax, penalty or interest shown in
22		a filed return, or to pay any final assessment of the tax,
23		penalty, or interest as required by any tax Act administered
24		by the Department of Revenue, until such time as the
25		requirements of any such tax Act are satisfied.
26		(e) In enforcing this Act, the Department, upon a showing

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1		of a possible violation, may compel an individual licensed to
2		practice under this Act or who has applied for licensure under
3		this Act, to submit to a mental or physical examination, or
4		both, as required by and at the expense of the Department. The
5		Department may order the examining physician to present
6		testimony concerning the mental or physical examination of the
7		licensee or applicant. No information shall be excluded by
8		reason of any common law or statutory privilege relating to
9		communications between the licensee or applicant and the
10		examining physician. The examining physicians shall be
11		specifically designated by the Department. The individual to
12		be examined may have, at his or her own expense, another
13		physician of his or her choice present during all aspects of
14		this examination. Failure of an individual to submit to a
15		mental or physical examination, when directed, shall result in
16		an automatic suspension without hearing.
17		All substance-related violations shall mandate an
18		automatic substance abuse assessment. Failure to submit to an
19		assessment by a licensed physician who is certified as an
20		addictionist or an advanced practice registered nurse with
21		specialty certification in addictions may be grounds for an
22		automatic suspension, as defined by rule.
23		If the Department finds an individual unable to practice
24		or unfit for duty because of the reasons set forth in this
25		subsection (e), the Department may require that individual to
26		submit to a substance abuse evaluation or treatment by

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1		individuals or programs approved or designated by the
2		Department, as a condition, term, or restriction for
3		continued, restored, or renewed licensure to practice; or, in
4		lieu of evaluation or treatment, the Department may file, or
5		the Board may recommend to the Department to file, a complaint
6		to immediately suspend, revoke, or otherwise discipline the
7		license of the individual. An individual whose license was
8		granted, continued, restored, renewed, disciplined or
9		supervised subject to such terms, conditions, or restrictions,
10		and who fails to comply with such terms, conditions, or
11		restrictions, shall be referred to the Secretary for a
12		determination as to whether the individual shall have his or
13		her license suspended immediately, pending a hearing by the
14		Department.
15		In instances in which the Secretary immediately suspends a
16		person's license under this subsection (e), a hearing on that
17		person's license must be convened by the Department within 15
18		days after the suspension and completed without appreciable
19		delay. The Department and Board shall have the authority to
20		review the subject individual's record of treatment and
21		counseling regarding the impairment to the extent permitted by
22		applicable federal statutes and regulations safeguarding the
23		confidentiality of medical records.
24		An individual licensed under this Act and affected under
25		this subsection (e) shall be afforded an opportunity to
26		demonstrate to the Department that he or she can resume

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1		practice in compliance with nursing standards under the
2		provisions of his or her license.
3		(Source: P.A. 100-513, eff. 1-1-18; 101-363, eff. 8-9-19;
4		revised 12-5-19.)
5		Section 540. The Pharmacy Practice Act is amended by
6		changing Section 3 as follows:
7		(225 ILCS 85/3)
8		(Section scheduled to be repealed on January 1, 2023)
9		Sec. 3. Definitions. For the purpose of this Act, except
10		where otherwise limited therein:
11		(a) "Pharmacy" or "drugstore" means and includes every
12		store, shop, pharmacy department, or other place where
13		pharmacist care is provided by a pharmacist (1) where drugs,
14		medicines, or poisons are dispensed, sold or offered for sale
15		at retail, or displayed for sale at retail; or (2) where
16		prescriptions of physicians, dentists, advanced practice
17		registered nurses, physician assistants, veterinarians,
18		podiatric physicians, or optometrists, within the limits of
19		their licenses, are compounded, filled, or dispensed; or (3)
20		which has upon it or displayed within it, or affixed to or used
21		in connection with it, a sign bearing the word or words
22		"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
23		"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
24		"Drugs", "Dispensary", "Medicines", or any word or words of

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1		similar or like import, either in the English language or any
2		other language; or (4) where the characteristic prescription
3		sign (Rx) or similar design is exhibited; or (5) any store, or
4		shop, or other place with respect to which any of the above
5		words, objects, signs or designs are used in any
6		advertisement.
7		(b) "Drugs" means and includes (1) articles recognized in
8		the official United States Pharmacopoeia/National Formulary
9		(USP/NF), or any supplement thereto and being intended for and
10		having for their main use the diagnosis, cure, mitigation,
11		treatment or prevention of disease in man or other animals, as
12		approved by the United States Food and Drug Administration,
13		but does not include devices or their components, parts, or
14		accessories; and (2) all other articles intended for and
15		having for their main use the diagnosis, cure, mitigation,
16		treatment or prevention of disease in man or other animals, as
17		approved by the United States Food and Drug Administration,
18		but does not include devices or their components, parts, or
19		accessories; and (3) articles (other than food) having for
20		their main use and intended to affect the structure or any
21		function of the body of man or other animals; and (4) articles
22		having for their main use and intended for use as a component
23		or any articles specified in clause (1), (2) or (3); but does
24		not include devices or their components, parts or accessories.
25		(c) "Medicines" means and includes all drugs intended for
26		human or veterinary use approved by the United States Food and

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1		Drug Administration.
2		(d) "Practice of pharmacy" means:
3		(1) the interpretation and the provision of assistance
4		in the monitoring, evaluation, and implementation of
5		prescription drug orders;
6		(2) the dispensing of prescription drug orders;
7		(3) participation in drug and device selection;
8		(4) drug administration limited to the administration
9		of oral, topical, injectable, and inhalation as follows:
10		(A) in the context of patient education on the
11		proper use or delivery of medications;
12		(B) vaccination of patients 14 years of age and
13		older pursuant to a valid prescription or standing
14		order, by a physician licensed to practice medicine in
15		all its branches, upon completion of appropriate
16		training, including how to address contraindications
17		and adverse reactions set forth by rule, with
18		notification to the patient's physician and
19		appropriate record retention, or pursuant to hospital
20		pharmacy and therapeutics committee policies and
21		procedures;
22		(B-5) following the initial administration of
23		long-acting or extended-release extended release form
24		opioid antagonists by a physician licensed to practice
25		medicine in all its branches, administration of
26		injections of long-acting or extended-release form

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1		opioid antagonists for the treatment of substance use
2		disorder, pursuant to a valid prescription by a
3		physician licensed to practice medicine in all its
4		branches, upon completion of appropriate training,
5		including how to address contraindications and adverse
6		reactions, including, but not limited to, respiratory
7		depression and the performance of cardiopulmonary
8		resuscitation, set forth by rule, with notification to
9		the patient's physician and appropriate record
10		retention, or pursuant to hospital pharmacy and
11		therapeutics committee policies and procedures;
12		(C) administration of injections of
13		alpha-hydroxyprogesterone caproate, pursuant to a
14		valid prescription, by a physician licensed to
15		practice medicine in all its branches, upon completion
16		of appropriate training, including how to address
17		contraindications and adverse reactions set forth by
18		rule, with notification to the patient's physician and
19		appropriate record retention, or pursuant to hospital
20		pharmacy and therapeutics committee policies and
21		procedures; and
22		(D) administration of injections of long-term
23		antipsychotic medications pursuant to a valid
24		prescription by a physician licensed to practice
25		medicine in all its branches, upon completion of
26		appropriate training conducted by an Accreditation

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1		Council of Pharmaceutical Education accredited
2		provider, including how to address contraindications
3		and adverse reactions set forth by rule, with
4		notification to the patient's physician and
5		appropriate record retention, or pursuant to hospital
6		pharmacy and therapeutics committee policies and
7		procedures.
8		(5) vaccination of patients ages 10 through 13 limited
9		to the Influenza (inactivated influenza vaccine and live
10		attenuated influenza intranasal vaccine) and Tdap (defined
11		as tetanus, diphtheria, acellular pertussis) vaccines,
12		pursuant to a valid prescription or standing order, by a
13		physician licensed to practice medicine in all its
14		branches, upon completion of appropriate training,
15		including how to address contraindications and adverse
16		reactions set forth by rule, with notification to the
17		patient's physician and appropriate record retention, or
18		pursuant to hospital pharmacy and therapeutics committee
19		policies and procedures;
20		(6) drug regimen review;
21		(7) drug or drug-related research;
22		(8) the provision of patient counseling;
23		(9) the practice of telepharmacy;
24		(10) the provision of those acts or services necessary
25		to provide pharmacist care;
26		(11) medication therapy management; and

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1		(12) the responsibility for compounding and labeling
2		of drugs and devices (except labeling by a manufacturer,
3		repackager, or distributor of non-prescription drugs and
4		commercially packaged legend drugs and devices), proper
5		and safe storage of drugs and devices, and maintenance of
6		required records.
7		A pharmacist who performs any of the acts defined as the
8		practice of pharmacy in this State must be actively licensed
9		as a pharmacist under this Act.
10		(e) "Prescription" means and includes any written, oral,
11		facsimile, or electronically transmitted order for drugs or
12		medical devices, issued by a physician licensed to practice
13		medicine in all its branches, dentist, veterinarian, podiatric
14		physician, or optometrist, within the limits of his or her
15		license, by a physician assistant in accordance with
16		subsection (f) of Section 4, or by an advanced practice
17		registered nurse in accordance with subsection (g) of Section
18		4, containing the following: (1) name of the patient; (2) date
19		when prescription was issued; (3) name and strength of drug or
20		description of the medical device prescribed; and (4)
21		quantity; (5) directions for use; (6) prescriber's name,
22		address, and signature; and (7) DEA registration number where
23		required, for controlled substances. The prescription may, but
24		is not required to, list the illness, disease, or condition
25		for which the drug or device is being prescribed. DEA
26		registration numbers shall not be required on inpatient drug

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1		orders. A prescription for medication other than controlled
2		substances shall be valid for up to 15 months from the date
3		issued for the purpose of refills, unless the prescription
4		states otherwise.
5		(f) "Person" means and includes a natural person,
6		partnership, association, corporation, government entity, or
7		any other legal entity.
8		(g) "Department" means the Department of Financial and
9		Professional Regulation.
10		(h) "Board of Pharmacy" or "Board" means the State Board
11		of Pharmacy of the Department of Financial and Professional
12		Regulation.
13		(i) "Secretary" means the Secretary of Financial and
14		Professional Regulation.
15		(j) "Drug product selection" means the interchange for a
16		prescribed pharmaceutical product in accordance with Section
17		25 of this Act and Section 3.14 of the Illinois Food, Drug and
18		Cosmetic Act.
19		(k) "Inpatient drug order" means an order issued by an
20		authorized prescriber for a resident or patient of a facility
21		licensed under the Nursing Home Care Act, the ID/DD Community
22		Care Act, the MC/DD Act, the Specialized Mental Health
23		Rehabilitation Act of 2013, the Hospital Licensing Act, or the
24		University of Illinois Hospital Act, or a facility which is
25		operated by the Department of Human Services (as successor to
26		the Department of Mental Health and Developmental

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1		Disabilities) or the Department of Corrections.
2		(k-5) "Pharmacist" means an individual health care
3		professional and provider currently licensed by this State to
4		engage in the practice of pharmacy.
5		(l) "Pharmacist in charge" means the licensed pharmacist
6		whose name appears on a pharmacy license and who is
7		responsible for all aspects of the operation related to the
8		practice of pharmacy.
9		(m) "Dispense" or "dispensing" means the interpretation,
10		evaluation, and implementation of a prescription drug order,
11		including the preparation and delivery of a drug or device to a
12		patient or patient's agent in a suitable container
13		appropriately labeled for subsequent administration to or use
14		by a patient in accordance with applicable State and federal
15		laws and regulations. "Dispense" or "dispensing" does not mean
16		the physical delivery to a patient or a patient's
17		representative in a home or institution by a designee of a
18		pharmacist or by common carrier. "Dispense" or "dispensing"
19		also does not mean the physical delivery of a drug or medical
20		device to a patient or patient's representative by a
21		pharmacist's designee within a pharmacy or drugstore while the
22		pharmacist is on duty and the pharmacy is open.
23		(n) "Nonresident pharmacy" means a pharmacy that is
24		located in a state, commonwealth, or territory of the United
25		States, other than Illinois, that delivers, dispenses, or
26		distributes, through the United States Postal Service,

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1		commercially acceptable parcel delivery service, or other
2		common carrier, to Illinois residents, any substance which
3		requires a prescription.
4		(o) "Compounding" means the preparation and mixing of
5		components, excluding flavorings, (1) as the result of a
6		prescriber's prescription drug order or initiative based on
7		the prescriber-patient-pharmacist relationship in the course
8		of professional practice or (2) for the purpose of, or
9		incident to, research, teaching, or chemical analysis and not
10		for sale or dispensing. "Compounding" includes the preparation
11		of drugs or devices in anticipation of receiving prescription
12		drug orders based on routine, regularly observed dispensing
13		patterns. Commercially available products may be compounded
14		for dispensing to individual patients only if all of the
15		following conditions are met: (i) the commercial product is
16		not reasonably available from normal distribution channels in
17		a timely manner to meet the patient's needs and (ii) the
18		prescribing practitioner has requested that the drug be
19		compounded.
20		(p) (Blank).
21		(q) (Blank).
22		(r) "Patient counseling" means the communication between a
23		pharmacist or a student pharmacist under the supervision of a
24		pharmacist and a patient or the patient's representative about
25		the patient's medication or device for the purpose of
26		optimizing proper use of prescription medications or devices.

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1		"Patient counseling" may include without limitation (1)
2		obtaining a medication history; (2) acquiring a patient's
3		allergies and health conditions; (3) facilitation of the
4		patient's understanding of the intended use of the medication;
5		(4) proper directions for use; (5) significant potential
6		adverse events; (6) potential food-drug interactions; and (7)
7		the need to be compliant with the medication therapy. A
8		pharmacy technician may only participate in the following
9		aspects of patient counseling under the supervision of a
10		pharmacist: (1) obtaining medication history; (2) providing
11		the offer for counseling by a pharmacist or student
12		pharmacist; and (3) acquiring a patient's allergies and health
13		conditions.
14		(s) "Patient profiles" or "patient drug therapy record"
15		means the obtaining, recording, and maintenance of patient
16		prescription information, including prescriptions for
17		controlled substances, and personal information.
18		(t) (Blank).
19		(u) "Medical device" or "device" means an instrument,
20		apparatus, implement, machine, contrivance, implant, in vitro
21		reagent, or other similar or related article, including any
22		component part or accessory, required under federal law to
23		bear the label "Caution: Federal law requires dispensing by or
24		on the order of a physician". A seller of goods and services
25		who, only for the purpose of retail sales, compounds, sells,
26		rents, or leases medical devices shall not, by reasons

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1		thereof, be required to be a licensed pharmacy.
2		(v) "Unique identifier" means an electronic signature,
3		handwritten signature or initials, thumb print, or other
4		acceptable biometric or electronic identification process as
5		approved by the Department.
6		(w) "Current usual and customary retail price" means the
7		price that a pharmacy charges to a non-third-party payor.
8		(x) "Automated pharmacy system" means a mechanical system
9		located within the confines of the pharmacy or remote location
10		that performs operations or activities, other than compounding
11		or administration, relative to storage, packaging, dispensing,
12		or distribution of medication, and which collects, controls,
13		and maintains all transaction information.
14		(y) "Drug regimen review" means and includes the
15		evaluation of prescription drug orders and patient records for
16		(1) known allergies; (2) drug or potential therapy
17		contraindications; (3) reasonable dose, duration of use, and
18		route of administration, taking into consideration factors
19		such as age, gender, and contraindications; (4) reasonable
20		directions for use; (5) potential or actual adverse drug
21		reactions; (6) drug-drug interactions; (7) drug-food
22		interactions; (8) drug-disease contraindications; (9)
23		therapeutic duplication; (10) patient laboratory values when
24		authorized and available; (11) proper utilization (including
25		over or under utilization) and optimum therapeutic outcomes;
26		and (12) abuse and misuse.

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1		(z) "Electronically transmitted prescription" means a
2		prescription that is created, recorded, or stored by
3		electronic means; issued and validated with an electronic
4		signature; and transmitted by electronic means directly from
5		the prescriber to a pharmacy. An electronic prescription is
6		not an image of a physical prescription that is transferred by
7		electronic means from computer to computer, facsimile to
8		facsimile, or facsimile to computer.
9		(aa) "Medication therapy management services" means a
10		distinct service or group of services offered by licensed
11		pharmacists, physicians licensed to practice medicine in all
12		its branches, advanced practice registered nurses authorized
13		in a written agreement with a physician licensed to practice
14		medicine in all its branches, or physician assistants
15		authorized in guidelines by a supervising physician that
16		optimize therapeutic outcomes for individual patients through
17		improved medication use. In a retail or other non-hospital
18		pharmacy, medication therapy management services shall consist
19		of the evaluation of prescription drug orders and patient
20		medication records to resolve conflicts with the following:
21		(1) known allergies;
22		(2) drug or potential therapy contraindications;
23		(3) reasonable dose, duration of use, and route of
24		administration, taking into consideration factors such as
25		age, gender, and contraindications;
26		(4) reasonable directions for use;

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1		(5) potential or actual adverse drug reactions;
2		(6) drug-drug interactions;
3		(7) drug-food interactions;
4		(8) drug-disease contraindications;
5		(9) identification of therapeutic duplication;
6		(10) patient laboratory values when authorized and
7		available;
8		(11) proper utilization (including over or under
9		utilization) and optimum therapeutic outcomes; and
10		(12) drug abuse and misuse.
11		"Medication therapy management services" includes the
12		following:
13		(1) documenting the services delivered and
14		communicating the information provided to patients'
15		prescribers within an appropriate time frame, not to
16		exceed 48 hours;
17		(2) providing patient counseling designed to enhance a
18		patient's understanding and the appropriate use of his or
19		her medications; and
20		(3) providing information, support services, and
21		resources designed to enhance a patient's adherence with
22		his or her prescribed therapeutic regimens.
23		"Medication therapy management services" may also include
24		patient care functions authorized by a physician licensed to
25		practice medicine in all its branches for his or her
26		identified patient or groups of patients under specified

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1		conditions or limitations in a standing order from the
2		physician.
3		"Medication therapy management services" in a licensed
4		hospital may also include the following:
5		(1) reviewing assessments of the patient's health
6		status; and
7		(2) following protocols of a hospital pharmacy and
8		therapeutics committee with respect to the fulfillment of
9		medication orders.
10		(bb) "Pharmacist care" means the provision by a pharmacist
11		of medication therapy management services, with or without the
12		dispensing of drugs or devices, intended to achieve outcomes
13		that improve patient health, quality of life, and comfort and
14		enhance patient safety.
15		(cc) "Protected health information" means individually
16		identifiable health information that, except as otherwise
17		provided, is:
18		(1) transmitted by electronic media;
19		(2) maintained in any medium set forth in the
20		definition of "electronic media" in the federal Health
21		Insurance Portability and Accountability Act; or
22		(3) transmitted or maintained in any other form or
23		medium.
24		"Protected health information" does not include
25		individually identifiable health information found in:
26		(1) education records covered by the federal Family

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1		Educational Right and Privacy Act; or
2		(2) employment records held by a licensee in its role
3		as an employer.
4		(dd) "Standing order" means a specific order for a patient
5		or group of patients issued by a physician licensed to
6		practice medicine in all its branches in Illinois.
7		(ee) "Address of record" means the designated address
8		recorded by the Department in the applicant's application file
9		or licensee's license file maintained by the Department's
10		licensure maintenance unit.
11		(ff) "Home pharmacy" means the location of a pharmacy's
12		primary operations.
13		(gg) "Email address of record" means the designated email
14		address recorded by the Department in the applicant's
15		application file or the licensee's license file, as maintained
16		by the Department's licensure maintenance unit.
17		(Source: P.A. 100-208, eff. 1-1-18; 100-497, eff. 9-8-17;
18		100-513, eff. 1-1-18; 100-804, eff. 1-1-19; 100-863, eff.
19		8-14-18; 101-349, eff. 1-1-20; revised 8-21-20.)
20		Section 545. The Physician Assistant Practice Act of 1987
21		is amended by changing Sections 7.5 and 21 as follows:
22		(225 ILCS 95/7.5)
23		(Section scheduled to be repealed on January 1, 2028)
24		Sec. 7.5. Written collaborative agreements; prescriptive

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1		authority.
2		(a) A written collaborative agreement is required for all
3		physician assistants to practice in the State, except as
4		provided in Section 7.7 of this Act.
5		(1) A written collaborative agreement shall describe
6		the working relationship of the physician assistant with
7		the collaborating physician and shall describe the
8		categories of care, treatment, or procedures to be
9		provided by the physician assistant. The written
10		collaborative agreement shall promote the exercise of
11		professional judgment by the physician assistant
12		commensurate with his or her education and experience. The
13		services to be provided by the physician assistant shall
14		be services that the collaborating physician is authorized
15		to and generally provides to his or her patients in the
16		normal course of his or her clinical medical practice. The
17		written collaborative agreement need not describe the
18		exact steps that a physician assistant must take with
19		respect to each specific condition, disease, or symptom
20		but must specify which authorized procedures require the
21		presence of the collaborating physician as the procedures
22		are being performed. The relationship under a written
23		collaborative agreement shall not be construed to require
24		the personal presence of a physician at the place where
25		services are rendered. Methods of communication shall be
26		available for consultation with the collaborating

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1		physician in person or by telecommunications or electronic
2		communications as set forth in the written collaborative
3		agreement. For the purposes of this Act, "generally
4		provides to his or her patients in the normal course of his
5		or her clinical medical practice" means services, not
6		specific tasks or duties, the collaborating physician
7		routinely provides individually or through delegation to
8		other persons so that the physician has the experience and
9		ability to collaborate and provide consultation.
10		(2) The written collaborative agreement shall be
11		adequate if a physician does each of the following:
12		(A) Participates in the joint formulation and
13		joint approval of orders or guidelines with the
14		physician assistant and he or she periodically reviews
15		such orders and the services provided patients under
16		such orders in accordance with accepted standards of
17		medical practice and physician assistant practice.
18		(B) Provides consultation at least once a month.
19		(3) A copy of the signed, written collaborative
20		agreement must be available to the Department upon request
21		from both the physician assistant and the collaborating
22		physician.
23		(4) A physician assistant shall inform each
24		collaborating physician of all written collaborative
25		agreements he or she has signed and provide a copy of these
26		to any collaborating physician upon request.

SB2435 Enrolled - 1227 - LRB102 04062 AMC 14078 b
1		(b) A collaborating physician may, but is not required to,
2		delegate prescriptive authority to a physician assistant as
3		part of a written collaborative agreement. This authority may,
4		but is not required to, include prescription of, selection of,
5		orders for, administration of, storage of, acceptance of
6		samples of, and dispensing medical devices, over the counter
7		medications, legend drugs, medical gases, and controlled
8		substances categorized as Schedule II through V controlled
9		substances, as defined in Article II of the Illinois
10		Controlled Substances Act, and other preparations, including,
11		but not limited to, botanical and herbal remedies. The
12		collaborating physician must have a valid, current Illinois
13		controlled substance license and federal registration with the
14		Drug Enforcement Administration Agency to delegate the
15		authority to prescribe controlled substances.
16		(1) To prescribe Schedule II, III, IV, or V controlled
17		substances under this Section, a physician assistant must
18		obtain a mid-level practitioner controlled substances
19		license. Medication orders issued by a physician assistant
20		shall be reviewed periodically by the collaborating
21		physician.
22		(2) The collaborating physician shall file with the
23		Department notice of delegation of prescriptive authority
24		to a physician assistant and termination of delegation,
25		specifying the authority delegated or terminated. Upon
26		receipt of this notice delegating authority to prescribe

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1		controlled substances, the physician assistant shall be
2		eligible to register for a mid-level practitioner
3		controlled substances license under Section 303.05 of the
4		Illinois Controlled Substances Act. Nothing in this Act
5		shall be construed to limit the delegation of tasks or
6		duties by the collaborating physician to a nurse or other
7		appropriately trained persons in accordance with Section
8		54.2 of the Medical Practice Act of 1987.
9		(3) In addition to the requirements of this subsection
10		(b), a collaborating physician may, but is not required
11		to, delegate authority to a physician assistant to
12		prescribe Schedule II controlled substances, if all of the
13		following conditions apply:
14		(A) Specific Schedule II controlled substances by
15		oral dosage or topical or transdermal application may
16		be delegated, provided that the delegated Schedule II
17		controlled substances are routinely prescribed by the
18		collaborating physician. This delegation must identify
19		the specific Schedule II controlled substances by
20		either brand name or generic name. Schedule II
21		controlled substances to be delivered by injection or
22		other route of administration may not be delegated.
23		(B) (Blank).
24		(C) Any prescription must be limited to no more
25		than a 30-day supply, with any continuation authorized
26		only after prior approval of the collaborating

SB2435 Enrolled - 1229 - LRB102 04062 AMC 14078 b
1		physician.
2		(D) The physician assistant must discuss the
3		condition of any patients for whom a controlled
4		substance is prescribed monthly with the collaborating
5		physician.
6		(E) The physician assistant meets the education
7		requirements of Section 303.05 of the Illinois
8		Controlled Substances Act.
9		(c) Nothing in this Act shall be construed to limit the
10		delegation of tasks or duties by a physician to a licensed
11		practical nurse, a registered professional nurse, or other
12		persons. Nothing in this Act shall be construed to limit the
13		method of delegation that may be authorized by any means,
14		including, but not limited to, oral, written, electronic,
15		standing orders, protocols, guidelines, or verbal orders.
16		Nothing in this Act shall be construed to authorize a
17		physician assistant to provide health care services required
18		by law or rule to be performed by a physician. Nothing in this
19		Act shall be construed to authorize the delegation or
20		performance of operative surgery. Nothing in this Section
21		shall be construed to preclude a physician assistant from
22		assisting in surgery.
23		(c-5) Nothing in this Section shall be construed to apply
24		to any medication authority, including Schedule II controlled
25		substances of a licensed physician assistant for care provided
26		in a hospital, hospital affiliate, or ambulatory surgical

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1		treatment center pursuant to Section 7.7 of this Act.
2		(d) (Blank).
3		(e) Nothing in this Section shall be construed to prohibit
4		generic substitution.
5		(Source: P.A. 100-453, eff. 8-25-17; 101-13, eff. 6-12-19;
6		revised 8-24-20.)
7		(225 ILCS 95/21) (from Ch. 111, par. 4621)
8		(Section scheduled to be repealed on January 1, 2028)
9		Sec. 21. Grounds for disciplinary action.
10		(a) The Department may refuse to issue or to renew, or may
11		revoke, suspend, place on probation, reprimand, or take other
12		disciplinary or non-disciplinary action with regard to any
13		license issued under this Act as the Department may deem
14		proper, including the issuance of fines not to exceed $10,000
15		for each violation, for any one or combination of the
16		following causes:
17		(1) Material misstatement in furnishing information to
18		the Department.
19		(2) Violations of this Act, or the rules adopted under
20		this Act.
21		(3) Conviction by plea of guilty or nolo contendere,
22		finding of guilt, jury verdict, or entry of judgment or
23		sentencing, including, but not limited to, convictions,
24		preceding sentences of supervision, conditional discharge,
25		or first offender probation, under the laws of any

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1		jurisdiction of the United States that is: (i) a felony;
2		or (ii) a misdemeanor, an essential element of which is
3		dishonesty, or that is directly related to the practice of
4		the profession.
5		(4) Making any misrepresentation for the purpose of
6		obtaining licenses.
7		(5) Professional incompetence.
8		(6) Aiding or assisting another person in violating
9		any provision of this Act or its rules.
10		(7) Failing, within 60 days, to provide information in
11		response to a written request made by the Department.
12		(8) Engaging in dishonorable, unethical, or
13		unprofessional conduct, as defined by rule, of a character
14		likely to deceive, defraud, or harm the public.
15		(9) Habitual or excessive use or addiction to alcohol,
16		narcotics, stimulants, or any other chemical agent or drug
17		that results in a physician assistant's inability to
18		practice with reasonable judgment, skill, or safety.
19		(10) Discipline by another U.S. jurisdiction or
20		foreign nation, if at least one of the grounds for
21		discipline is the same or substantially equivalent to
22		those set forth in this Section.
23		(11) Directly or indirectly giving to or receiving
24		from any person, firm, corporation, partnership, or
25		association any fee, commission, rebate or other form of
26		compensation for any professional services not actually or

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1		personally rendered. Nothing in this paragraph (11)
2		affects any bona fide independent contractor or employment
3		arrangements, which may include provisions for
4		compensation, health insurance, pension, or other
5		employment benefits, with persons or entities authorized
6		under this Act for the provision of services within the
7		scope of the licensee's practice under this Act.
8		(12) A finding by the Disciplinary Board that the
9		licensee, after having his or her license placed on
10		probationary status has violated the terms of probation.
11		(13) Abandonment of a patient.
12		(14) Willfully making or filing false records or
13		reports in his or her practice, including but not limited
14		to false records filed with state agencies or departments.
15		(15) Willfully failing to report an instance of
16		suspected child abuse or neglect as required by the Abused
17		and Neglected Child Reporting Act.
18		(16) Physical illness, or mental illness or impairment
19		that results in the inability to practice the profession
20		with reasonable judgment, skill, or safety, including, but
21		not limited to, deterioration through the aging process or
22		loss of motor skill.
23		(17) Being named as a perpetrator in an indicated
24		report by the Department of Children and Family Services
25		under the Abused and Neglected Child Reporting Act, and
26		upon proof by clear and convincing evidence that the

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1		licensee has caused a child to be an abused child or
2		neglected child as defined in the Abused and Neglected
3		Child Reporting Act.
4		(18) (Blank).
5		(19) Gross negligence resulting in permanent injury or
6		death of a patient.
7		(20) Employment of fraud, deception or any unlawful
8		means in applying for or securing a license as a physician
9		assistant.
10		(21) Exceeding the authority delegated to him or her
11		by his or her collaborating physician in a written
12		collaborative agreement.
13		(22) Immoral conduct in the commission of any act,
14		such as sexual abuse, sexual misconduct, or sexual
15		exploitation related to the licensee's practice.
16		(23) Violation of the Health Care Worker Self-Referral
17		Act.
18		(24) Practicing under a false or assumed name, except
19		as provided by law.
20		(25) Making a false or misleading statement regarding
21		his or her skill or the efficacy or value of the medicine,
22		treatment, or remedy prescribed by him or her in the
23		course of treatment.
24		(26) Allowing another person to use his or her license
25		to practice.
26		(27) Prescribing, selling, administering,

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1		distributing, giving, or self-administering a drug
2		classified as a controlled substance for other than
3		medically accepted medically-accepted therapeutic
4		purposes.
5		(28) Promotion of the sale of drugs, devices,
6		appliances, or goods provided for a patient in a manner to
7		exploit the patient for financial gain.
8		(29) A pattern of practice or other behavior that
9		demonstrates incapacity or incompetence to practice under
10		this Act.
11		(30) Violating State or federal laws or regulations
12		relating to controlled substances or other legend drugs or
13		ephedra as defined in the Ephedra Prohibition Act.
14		(31) Exceeding the prescriptive authority delegated by
15		the collaborating physician or violating the written
16		collaborative agreement delegating that authority.
17		(32) Practicing without providing to the Department a
18		notice of collaboration or delegation of prescriptive
19		authority.
20		(33) Failure to establish and maintain records of
21		patient care and treatment as required by law.
22		(34) Attempting to subvert or cheat on the examination
23		of the National Commission on Certification of Physician
24		Assistants or its successor agency.
25		(35) Willfully or negligently violating the
26		confidentiality between physician assistant and patient,

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1		except as required by law.
2		(36) Willfully failing to report an instance of
3		suspected abuse, neglect, financial exploitation, or
4		self-neglect of an eligible adult as defined in and
5		required by the Adult Protective Services Act.
6		(37) Being named as an abuser in a verified report by
7		the Department on Aging under the Adult Protective
8		Services Act and upon proof by clear and convincing
9		evidence that the licensee abused, neglected, or
10		financially exploited an eligible adult as defined in the
11		Adult Protective Services Act.
12		(38) Failure to report to the Department an adverse
13		final action taken against him or her by another licensing
14		jurisdiction of the United States or a foreign state or
15		country, a peer review body, a health care institution, a
16		professional society or association, a governmental
17		agency, a law enforcement agency, or a court acts or
18		conduct similar to acts or conduct that would constitute
19		grounds for action under this Section.
20		(39) Failure to provide copies of records of patient
21		care or treatment, except as required by law.
22		(40) Entering into an excessive number of written
23		collaborative agreements with licensed physicians
24		resulting in an inability to adequately collaborate.
25		(41) Repeated failure to adequately collaborate with a
26		collaborating physician.

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1		(42) Violating the Compassionate Use of Medical
2		Cannabis Program Act.
3		(b) The Department may, without a hearing, refuse to issue
4		or renew or may suspend the license of any person who fails to
5		file a return, or to pay the tax, penalty or interest shown in
6		a filed return, or to pay any final assessment of the tax,
7		penalty, or interest as required by any tax Act administered
8		by the Illinois Department of Revenue, until such time as the
9		requirements of any such tax Act are satisfied.
10		(c) The determination by a circuit court that a licensee
11		is subject to involuntary admission or judicial admission as
12		provided in the Mental Health and Developmental Disabilities
13		Code operates as an automatic suspension. The suspension will
14		end only upon a finding by a court that the patient is no
15		longer subject to involuntary admission or judicial admission
16		and issues an order so finding and discharging the patient,
17		and upon the recommendation of the Disciplinary Board to the
18		Secretary that the licensee be allowed to resume his or her
19		practice.
20		(d) In enforcing this Section, the Department upon a
21		showing of a possible violation may compel an individual
22		licensed to practice under this Act, or who has applied for
23		licensure under this Act, to submit to a mental or physical
24		examination, or both, which may include a substance abuse or
25		sexual offender evaluation, as required by and at the expense
26		of the Department.

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1		The Department shall specifically designate the examining
2		physician licensed to practice medicine in all of its branches
3		or, if applicable, the multidisciplinary team involved in
4		providing the mental or physical examination or both. The
5		multidisciplinary team shall be led by a physician licensed to
6		practice medicine in all of its branches and may consist of one
7		or more or a combination of physicians licensed to practice
8		medicine in all of its branches, licensed clinical
9		psychologists, licensed clinical social workers, licensed
10		clinical professional counselors, and other professional and
11		administrative staff. Any examining physician or member of the
12		multidisciplinary team may require any person ordered to
13		submit to an examination pursuant to this Section to submit to
14		any additional supplemental testing deemed necessary to
15		complete any examination or evaluation process, including, but
16		not limited to, blood testing, urinalysis, psychological
17		testing, or neuropsychological testing.
18		The Department may order the examining physician or any
19		member of the multidisciplinary team to provide to the
20		Department any and all records, including business records,
21		that relate to the examination and evaluation, including any
22		supplemental testing performed.
23		The Department may order the examining physician or any
24		member of the multidisciplinary team to present testimony
25		concerning the mental or physical examination of the licensee
26		or applicant. No information, report, record, or other

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1		documents in any way related to the examination shall be
2		excluded by reason of any common law or statutory privilege
3		relating to communications between the licensee or applicant
4		and the examining physician or any member of the
5		multidisciplinary team. No authorization is necessary from the
6		licensee or applicant ordered to undergo an examination for
7		the examining physician or any member of the multidisciplinary
8		team to provide information, reports, records, or other
9		documents or to provide any testimony regarding the
10		examination and evaluation.
11		The individual to be examined may have, at his or her own
12		expense, another physician of his or her choice present during
13		all aspects of this examination. However, that physician shall
14		be present only to observe and may not interfere in any way
15		with the examination.
16		Failure of an individual to submit to a mental or physical
17		examination, when ordered, shall result in an automatic
18		suspension of his or her license until the individual submits
19		to the examination.
20		If the Department finds an individual unable to practice
21		because of the reasons set forth in this Section, the
22		Department may require that individual to submit to care,
23		counseling, or treatment by physicians approved or designated
24		by the Department, as a condition, term, or restriction for
25		continued, reinstated, or renewed licensure to practice; or,
26		in lieu of care, counseling, or treatment, the Department may

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1		file a complaint to immediately suspend, revoke, or otherwise
2		discipline the license of the individual. An individual whose
3		license was granted, continued, reinstated, renewed,
4		disciplined, or supervised subject to such terms, conditions,
5		or restrictions, and who fails to comply with such terms,
6		conditions, or restrictions, shall be referred to the
7		Secretary for a determination as to whether the individual
8		shall have his or her license suspended immediately, pending a
9		hearing by the Department.
10		In instances in which the Secretary immediately suspends a
11		person's license under this Section, a hearing on that
12		person's license must be convened by the Department within 30
13		days after the suspension and completed without appreciable
14		delay. The Department shall have the authority to review the
15		subject individual's record of treatment and counseling
16		regarding the impairment to the extent permitted by applicable
17		federal statutes and regulations safeguarding the
18		confidentiality of medical records.
19		An individual licensed under this Act and affected under
20		this Section shall be afforded an opportunity to demonstrate
21		to the Department that he or she can resume practice in
22		compliance with acceptable and prevailing standards under the
23		provisions of his or her license.
24		(e) An individual or organization acting in good faith,
25		and not in a willful and wanton manner, in complying with this
26		Section by providing a report or other information to the

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1		Board, by assisting in the investigation or preparation of a
2		report or information, by participating in proceedings of the
3		Board, or by serving as a member of the Board, shall not be
4		subject to criminal prosecution or civil damages as a result
5		of such actions.
6		(f) Members of the Board and the Disciplinary Board shall
7		be indemnified by the State for any actions occurring within
8		the scope of services on the Disciplinary Board or Board, done
9		in good faith and not willful and wanton in nature. The
10		Attorney General shall defend all such actions unless he or
11		she determines either that there would be a conflict of
12		interest in such representation or that the actions complained
13		of were not in good faith or were willful and wanton.
14		If the Attorney General declines representation, the
15		member has the right to employ counsel of his or her choice,
16		whose fees shall be provided by the State, after approval by
17		the Attorney General, unless there is a determination by a
18		court that the member's actions were not in good faith or were
19		willful and wanton.
20		The member must notify the Attorney General within 7 days
21		after receipt of notice of the initiation of any action
22		involving services of the Disciplinary Board. Failure to so
23		notify the Attorney General constitutes an absolute waiver of
24		the right to a defense and indemnification.
25		The Attorney General shall determine, within 7 days after
26		receiving such notice, whether he or she will undertake to

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1		represent the member.
2		(Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19;
3		101-363, eff. 8-9-19; revised 12-5-19.)
4		Section 550. The Perfusionist Practice Act is amended by
5		changing Sections 105 and 210 as follows:
6		(225 ILCS 125/105)
7		(Section scheduled to be repealed on January 1, 2030)
8		Sec. 105. Grounds for disciplinary action.
9		(a) The Department may refuse to issue, renew, or restore
10		a license, or may revoke, suspend, place on probation,
11		reprimand, or take any other disciplinary or non-disciplinary
12		action as the Department may deem proper, including fines not
13		to exceed $10,000 per violation with regard to any license
14		issued under this Act, for any one or a combination of the
15		following reasons:
16		(1) Making a material misstatement in furnishing
17		information to the Department.
18		(2) Negligence, incompetence, or misconduct in the
19		practice of perfusion.
20		(3) Failure to comply with any provisions of this Act
21		or any of its rules.
22		(4) Fraud or any misrepresentation in applying for or
23		procuring a license under this Act or in connection with
24		applying for renewal or restoration of a license under

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1		this Act.
2		(5) Purposefully making false statements or signing
3		false statements, certificates, or affidavits to induce
4		payment.
5		(6) Conviction of or entry of a plea of guilty or nolo
6		contendere, finding of guilt, jury verdict, or entry of
7		judgment or sentencing, including, but not limited to,
8		convictions, preceding sentences of supervision,
9		conditional discharge, or first offender probation under
10		the laws of any jurisdiction of the United States that is
11		(i) a felony or (ii) a misdemeanor, an essential element
12		of which is dishonesty, that is directly related to the
13		practice of the profession of perfusion.
14		(7) Aiding or assisting another in violating any
15		provision of this Act or its rules.
16		(8) Failing to provide information in response to a
17		written request made by the Department within 60 days
18		after receipt of such written request.
19		(9) Engaging in dishonorable, unethical, or
20		unprofessional conduct of a character likely to deceive,
21		defraud, or harm the public as defined by rule.
22		(10) Habitual or excessive use or abuse of drugs
23		defined in law as controlled substances, of alcohol,
24		narcotics, stimulants, or any other substances that
25		results in the inability to practice with reasonable
26		judgment, skill, or safety.

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1		(11) A finding by the Department that an applicant or
2		licensee has failed to pay a fine imposed by the
3		Department.
4		(12) A finding by the Department that the licensee,
5		after having his or her license placed on probationary
6		status, has violated the terms of probation, or failed to
7		comply with such terms.
8		(13) Inability to practice the profession with
9		reasonable judgment, skill, or safety as a result of
10		physical illness, including, but not limited to,
11		deterioration through the aging process, loss of motor
12		skill, mental illness, or disability.
13		(14) Discipline by another state, territory, foreign
14		country, the District of Columbia, the United States
15		government, or any other government agency if at least one
16		of the grounds for discipline is the same or substantially
17		equivalent to those set forth in this Act.
18		(15) The making of any willfully false oath or
19		affirmation in any matter or proceeding where an oath or
20		affirmation is required by this Act.
21		(16) Using or attempting to use an expired, inactive,
22		suspended, or revoked license, or the certificate or seal
23		of another, or impersonating another licensee.
24		(17) Directly or indirectly giving to or receiving
25		from any person or entity any fee, commission, rebate, or
26		other form of compensation for any professional service

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1		not actually or personally rendered.
2		(18) Willfully making or filing false records or
3		reports related to the licensee's practice, including, but
4		not limited to, false records filed with federal or State
5		agencies or departments.
6		(19) Willfully failing to report an instance of
7		suspected child abuse or neglect as required under the
8		Abused and Neglected Child Reporting Act.
9		(20) Being named as a perpetrator in an indicated
10		report by the Department of Children and Family Services
11		under the Abused and Neglected Child Reporting Act and
12		upon proof, by clear and convincing evidence, that the
13		licensee has caused a child to be an abused child or
14		neglected child as defined in the Abused and Neglected
15		Child Reporting Act.
16		(21) Immoral conduct in the commission of an act
17		related to the licensee's practice, including but not
18		limited to sexual abuse, sexual misconduct, or sexual
19		exploitation.
20		(22) Violation of the Health Care Worker Self-Referral
21		Act.
22		(23) Solicitation of business or professional
23		services, other than permitted advertising.
24		(24) Conviction of or cash compromise of a charge or
25		violation of the Illinois Controlled Substances Act.
26		(25) Gross, willful, or continued overcharging for

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1		professional services, including filing false statements
2		for collection of fees for which services are not
3		rendered.
4		(26) Practicing under a false name or, except as
5		allowed by law, an assumed name.
6		(b) In enforcing this Section, the Department or Board,
7		upon a showing of a possible violation, may order a licensee or
8		applicant to submit to a mental or physical examination, or
9		both, at the expense of the Department. The Department or
10		Board may order the examining physician to present testimony
11		concerning his or her examination of the licensee or
12		applicant. No information shall be excluded by reason of any
13		common law or statutory privilege relating to communications
14		between the licensee or applicant and the examining physician.
15		The examining physicians shall be specifically designated by
16		the Board or Department. The licensee or applicant may have,
17		at his or her own expense, another physician of his or her
18		choice present during all aspects of the examination. Failure
19		of a licensee or applicant to submit to any such examination
20		when directed, without reasonable cause as defined by rule,
21		shall be grounds for either the immediate suspension of his or
22		her license or immediate denial of his or her application.
23		(1) If the Secretary immediately suspends the license
24		of a licensee for his or her failure to submit to a mental
25		or physical examination when directed, a hearing must be
26		convened by the Department within 15 days after the

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1		suspension and completed without appreciable delay.
2		(2) If the Secretary otherwise suspends a license
3		pursuant to the results of the licensee's mental or
4		physical examination, a hearing must be convened by the
5		Department within 15 days after the suspension and
6		completed without appreciable delay. The Department and
7		Board shall have the authority to review the licensee's
8		record of treatment and counseling regarding the relevant
9		impairment or impairments to the extent permitted by
10		applicable federal statutes and regulations safeguarding
11		the confidentiality of medical records.
12		(3) Any licensee suspended or otherwise affected under
13		this subsection (b) shall be afforded an opportunity to
14		demonstrate to the Department or Board that he or she can
15		resume practice in compliance with the acceptable and
16		prevailing standards under the provisions of his or her
17		license.
18		(c) The determination by a circuit court that a licensee
19		is subject to involuntary admission or judicial admission as
20		provided in the Mental Health and Developmental Disabilities
21		Code operates as an automatic suspension. The suspension will
22		end only upon a finding by a court that the licensee is no
23		longer subject to the involuntary admission or judicial
24		admission and issues an order so finding and discharging the
25		licensee; and upon the recommendation of the Board to the
26		Secretary that the licensee be allowed to resume his or her

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1		practice.
2		(d) In cases where the Department of Healthcare and Family
3		Services (formerly the Department of Public Aid) has
4		previously determined that a licensee or a potential licensee
5		is more than 30 days delinquent in the payment of child support
6		and has subsequently certified the delinquency to the
7		Department, the Department shall refuse to issue or renew or
8		shall revoke or suspend that person's license or shall take
9		other disciplinary action against that person based solely
10		upon the certification of delinquency made by the Department
11		of Healthcare and Family Services in accordance with
12		subdivision (a)(5) of Section 2105-15 of the Department of
13		Professional Regulation Law of the Civil Administrative Code
14		of Illinois.
15		(e) The Department shall deny a license or renewal
16		authorized by this Act to a person who has failed to file a
17		return, to pay the tax, penalty, or interest shown in a filed
18		return, or to pay any final assessment of tax, penalty, or
19		interest as required by any tax Act administered by the
20		Department of Revenue, until the requirements of the tax Act
21		are satisfied in accordance with subsection (g) of Section
22		2105-15 of the Department of Professional Regulation Law of
23		the Civil Administrative Code of Illinois.
24		(Source: P.A. 101-311, eff. 8-9-19; revised 12-5-19.)
25		(225 ILCS 125/210)

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1		(Section scheduled to be repealed on January 1, 2030)
2		Sec. 210. Administrative review.
3		(a) All final administrative decisions of the Department
4		are subject to judicial review under the Administrative Review
5		Law and its rules. The term "administrative decision" is
6		defined as in Section 3-101 of the Code of Civil Procedure.
7		(b) Proceedings for judicial review shall be commenced in
8		the circuit court of the county in which the party seeking
9		review resides. If the party seeking review is not a resident
10		of this State, venue shall be in Sangamon County.
11		(c) The Department shall not be required to certify any
12		record to the court or file any answer in court, or to
13		otherwise appear in any court in a judicial review proceeding,
14		unless and until the Department has received from the
15		plaintiff payment of the costs of furnishing and certifying
16		the record, which costs shall be determined by the Department.
17		(d) Failure on the part of the plaintiff to file a receipt
18		in court shall be grounds for dismissal of the action.
19		(e) During the pendency and hearing of any and all
20		judicial proceedings incident to a disciplinary action, the
21		sanctions imposed upon the applicant or licensee by the
22		Department shall remain in full force and effect.
23		(Source: P.A. 101-311, eff. 8-9-19; revised 12-5-19.)
24		Section 555. The Uniform Emergency Volunteer Health
25		Practitioners Act is amended by changing Section 5 as follows:

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1		(225 ILCS 140/5)
2		Sec. 5. Volunteer Health Practitioner Registration
3		Systems.
4		(a) To qualify as a volunteer health practitioner
5		registration system, a system must:
6		(1) accept applications for the registration of
7		volunteer health practitioners before or during an
8		emergency;
9		(2) include information about the licensure and good
10		standing of health practitioners which is accessible by
11		authorized persons;
12		(3) be capable of confirming the accuracy of
13		information concerning whether a health practitioner is
14		licensed and in good standing before health services or
15		veterinary services are provided under this Act; and
16		(4) meet one of the following conditions:
17		(A) be an emergency system for advance
18		registration of volunteer health-care practitioners
19		established by a state and funded through the
20		Department of Health and Human Services under Section
21		319I of the Public Health Service Services Act, 42
22		U.S.C. Section 247d-7b (as amended);
23		(B) be a local unit consisting of trained and
24		equipped emergency response, public health, and
25		medical personnel formed pursuant to Section 2801 of

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1		the Public Health Service Services Act, 42 U.S.C.
2		Section 300hh (as amended);
3		(C) be operated by a:
4		(i) disaster relief organization;
5		(ii) licensing board;
6		(iii) national or regional association of
7		licensing boards or health practitioners;
8		(iv) health facility that provides
9		comprehensive inpatient and outpatient health-care
10		services, including a tertiary care, teaching
11		hospital, or ambulatory surgical treatment center;
12		or
13		(v) governmental entity; or
14		(D) be designated by the Illinois Department of
15		Public Health as a registration system for purposes of
16		this Act.
17		(b) While an emergency declaration is in effect, the
18		Illinois Department of Public Health, a person authorized to
19		act on behalf of the Illinois Department of Public Health, or a
20		host entity or disaster relief organization, may confirm
21		whether volunteer health practitioners utilized in this State
22		are registered with a registration system that complies with
23		subsection (a). Confirmation is limited to obtaining
24		identities of the practitioners from the system and
25		determining whether the system indicates that the
26		practitioners are licensed and in good standing.

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1		(c) Upon request of a person in this State authorized
2		under subsection (b), or a similarly authorized person in
3		another state, a registration system located in this State
4		shall notify the person of the identities of volunteer health
5		practitioners and whether the practitioners are licensed and
6		in good standing.
7		(d) A host entity or disaster relief organization is not
8		required to use the services of a volunteer health
9		practitioner even if the practitioner is registered with a
10		registration system that indicates that the practitioner is
11		licensed and in good standing.
12		(Source: P.A. 96-983, eff. 1-1-11; revised 8-24-20.)
13		Section 560. The Solid Waste Site Operator Certification
14		Law is amended by changing Section 1001 as follows:
15		(225 ILCS 230/1001) (from Ch. 111, par. 7851)
16		Sec. 1001. Short title. This Article Act may be cited as
17		the Solid Waste Site Operator Certification Law. References in
18		this Article to this Act shall mean this Article.
19		(Source: P.A. 86-1363; revised 8-23-19.)
20		Section 565. The Interpreter for the Deaf Licensure Act of
21		2007 is amended by changing Section 165 as follows:
22		(225 ILCS 443/165)

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1		(Section scheduled to be repealed on January 1, 2028)
2		Sec. 165. Secretary Director; rehearing. Whenever the
3		Secretary believes justice has not been done in the revocation
4		of, suspension of, or refusal to issue or renew a license or
5		the discipline of a licensee, he or she may order a rehearing.
6		(Source: P.A. 95-617, eff. 9-12-07; revised 8-23-19.)
7		Section 570. The Animal Welfare Act is amended by changing
8		Sections 3.3, 7, 18, 18.2, and 21 as follows:
9		(225 ILCS 605/3.3)
10		Sec. 3.3. Adoption of dogs and cats.
11		(a) An animal shelter or animal control facility shall not
12		adopt out any dog or adopt out or return to field any cat
13		unless it has been sterilized and microchipped. However, an
14		animal shelter or , animal control facility may adopt out a dog
15		or cat that has not been sterilized and microchipped if: (1)
16		Blank; or (2) the adopting owner has executed a written
17		agreement to have sterilizing and microchipping procedures
18		performed within 14 days after a licensed veterinarian
19		certifies the dog or cat is healthy enough for sterilizing and
20		microchipping procedures, and a licensed veterinarian has
21		certified that the dog or cat is too sick or injured to be
22		sterilized or it would be detrimental to the health of the dog
23		or cat to be sterilized or microchipped at the time of the
24		adoption.

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1		(b) An animal shelter or animal control facility may adopt
2		out any dog or cat that is not free of disease, injury, or
3		abnormality if the disease, injury, or abnormality is
4		disclosed in writing to the adopter, and the animal shelter or
5		animal control facility allows the adopter to return the
6		animal to the animal shelter or animal control facility.
7		(c) The requirements of subsections (a) and (b) of this
8		Section do not apply to adoptions subject to Section 11 of the
9		Animal Control Act.
10		(Source: P.A. 101-295, eff. 8-9-19; revised 8-24-20.)
11		(225 ILCS 605/7) (from Ch. 8, par. 307)
12		Sec. 7. Applications for renewal licenses shall be made to
13		the Department in a manner prescribed by the Department, shall
14		contain such information as will enable the Department to
15		determine if the applicant is qualified to continue to hold a
16		license, shall report beginning inventory and intake and
17		outcome statistics from the previous calendar year, and shall
18		be accompanied by the required fee, which shall not be
19		returnable. The report of intake and outcome statistics shall
20		include the following:
21		(1) The total number of dogs, cats, and other animals,
22		divided into species, taken in by the animal shelter or
23		animal control facility, in the following categories:
24		(A) surrendered by owner;
25		(B) stray;

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1		(C) impounded other than stray;
2		(D) confiscated under the Humane Care for Animals
3		Act;
4		(E) transfer from other licensees within the
5		State;
6		(F) transferred into or imported from out of the
7		State;
8		(G) transferred into or imported from outside the
9		country; and
10		(H) born in shelter or animal control facility.
11		(2) The disposition of all dogs, cats, and other
12		animals taken in by the animal shelter or animal control
13		facility, divided into species. This data must include
14		dispositions by:
15		(A) reclamation by owner;
16		(B) adopted or sold;
17		(C) euthanized;
18		(D) euthanized per request of the owner;
19		(E) died in custody;
20		(F) transferred to another licensee;
21		(G) transferred to an out-of-state out-of-State
22		nonprofit agency;
23		(H) animals missing, stolen, or escaped;
24		(I) cats returned to in field; and
25		(J) ending inventory; shelter count at end of the
26		last day of the year.

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1		The Department shall not be required to audit or validate
2		the intake and outcome statistics required to be submitted
3		under this Section.
4		(Source: P.A. 100-870, eff. 1-1-19; 101-295, eff. 8-9-19;
5		revised 8-24-20.)
6		(225 ILCS 605/18) (from Ch. 8, par. 318)
7		Sec. 18. The licensee shall:
8		(a) a. Maintain sanitary conditions.
9		(b) Ensure b. Insure proper ventilation.
10		(c) c. Provide adequate nutrition.
11		(d) d. Provide humane care and treatment of all
12		animals under his jurisdiction.
13		(e) e. Take reasonable care to release for sale,
14		trade, or adoption only those animals which are free of
15		disease, injuries, or abnormalities. A health certificate,
16		meeting the requirements of the Department and issued by a
17		licensed veterinarian for any such animal within 5 days
18		before such sale, trade, or adoption, is prima facie
19		evidence that the licensee has taken reasonable care, as
20		required by this paragraph.
21		f. Inspection of the premises of a licensee to determine
22		compliance with this Act may be made only by the Department.
23		(Source: P.A. 78-900; revised 8-24-20.)
24		(225 ILCS 605/18.2)

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1		Sec. 18.2. Fire alarm system.
2		(a) In this Section:
3		"Fire alarm system" means a system that automatically
4		triggers notification to local emergency responders when
5		activated.
6		"Staffing plan" means a plan to staff a kennel operator
7		anytime dogs or cats are on the premises. At a minimum, a
8		staffing plan must include the kennel operator's hours of
9		operation, number of staff, names of staff, and the staff's
10		contact information. The Department may adopt rules adding
11		requirements to a staffing plan.
12		"Qualified fire inspector" means a local fire official or
13		a building inspector working for a unit of local government or
14		fire protection district who is qualified to inspect buildings
15		for fire safety or building code compliance.
16		(b) A kennel operator that maintains dogs or cats for
17		boarding and that is not staffed at all times dogs or cats are
18		on the premises shall be equipped with at least one fire alarm
19		system or fire sprinkler system in operating condition in
20		every building of the kennel operator that is used for the
21		housing of animals. The kennel operator shall certify in its
22		license application and annually certify in its license
23		renewal that either: (1) its facility has a fire alarm system
24		or a fire sprinkler system, and shall include with the
25		application or license renewal an attached description and
26		picture of the make and model of the system used; or (2) the

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1		kennel is staffed at all times dogs or cats are on the
2		premises, and shall include with the application or license
3		renewal an attached staffing plan. The Department shall
4		include this certification on each application for license or
5		license renewal.
6		(c) A qualified fire inspector may inspect a kennel
7		operator that maintains dogs and cats for boarding during the
8		course of performing routine inspections. If, during a routine
9		inspection, a qualified fire inspector determines that the
10		kennel operator does not have a fire alarm system or fire
11		sprinkler system, the inspector may inform the Department.
12		(d) For the purposes of this Section, veterinary
13		hospitals, practices, or offices are not kennel operators.
14		(Source: P.A. 101-210, eff. 1-1-20; revised 9-19-19.)
15		(225 ILCS 605/21) (from Ch. 8, par. 321)
16		Sec. 21. The following fees shall accompany each
17		application for a license, which fees shall not be returnable:
18		a. for an original license to an individual .... $350
19		b. for an original license to a partnership,
20		animal shelter, or animal control
21		facility or corporation ................ $350
22		c. for an annual renewal license ............... $100
23		d. for each branch office license .............. $100
24		e. for the renewal of any license not renewed by
25		July 1 of the year ..................... $400

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1		f. (blank)
2		g. (blank)
3		(Source: P.A. 101-295, eff. 8-9-19; revised 12-9-19.)
4		Section 575. The Fluorspar Mines Act is amended by
5		changing Section 3 as follows:
6		(225 ILCS 710/3) (from Ch. 96 1/2, par. 4204)
7		Sec. 3. Office of Inspector of Mines. The Office of
8		Inspector of Mines as created by this Act shall be under the
9		jurisdiction of the Department of Natural Resources to the
10		same purport and effect as all other mining operations
11		provided for by law, unless otherwise provided. The Inspector
12		of Mines appointed hereunder shall keep an office within and
13		as a part of the office of the Director of the Office of Mines
14		and Minerals, and whose necessary employees shall be employed
15		and paid in the same manner as is provided for the employment
16		and pay of the necessary employees of the State departments
17		under the Civil Administrative Code of Illinois, and as is
18		provided in Section 5-645 of the Departments of State
19		Government Law of the Civil Administrative Code of Illinois
20		(20 ILCS 5/5-645.
21		(Source: P.A. 91-239, eff. 1-1-00; revised 8-23-19.)
22		Section 580. The Illinois Horse Racing Act of 1975 is
23		amended by changing Sections 26, 27, and 31 as follows:

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1		(230 ILCS 5/26) (from Ch. 8, par. 37-26)
2		Sec. 26. Wagering.
3		(a) Any licensee may conduct and supervise the pari-mutuel
4		system of wagering, as defined in Section 3.12 of this Act, on
5		horse races conducted by an Illinois organization licensee or
6		conducted at a racetrack located in another state or country
7		in accordance with subsection (g) of Section 26 of this Act.
8		Subject to the prior consent of the Board, licensees may
9		supplement any pari-mutuel pool in order to guarantee a
10		minimum distribution. Such pari-mutuel method of wagering
11		shall not, under any circumstances if conducted under the
12		provisions of this Act, be held or construed to be unlawful,
13		other statutes of this State to the contrary notwithstanding.
14		Subject to rules for advance wagering promulgated by the
15		Board, any licensee may accept wagers in advance of the day of
16		the race wagered upon occurs.
17		(b) Except for those gaming activities for which a license
18		is obtained and authorized under the Illinois Lottery Law, the
19		Charitable Games Act, the Raffles and Poker Runs Act, or the
20		Illinois Gambling Act, no other method of betting, pool
21		making, wagering or gambling shall be used or permitted by the
22		licensee. Each licensee may retain, subject to the payment of
23		all applicable taxes and purses, an amount not to exceed 17% of
24		all money wagered under subsection (a) of this Section, except
25		as may otherwise be permitted under this Act.

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1		(b-5) An individual may place a wager under the
2		pari-mutuel system from any licensed location authorized under
3		this Act provided that wager is electronically recorded in the
4		manner described in Section 3.12 of this Act. Any wager made
5		electronically by an individual while physically on the
6		premises of a licensee shall be deemed to have been made at the
7		premises of that licensee.
8		(c) (Blank).
9		(c-5) The sum held by any licensee for payment of
10		outstanding pari-mutuel tickets, if unclaimed prior to
11		December 31 of the next year, shall be retained by the licensee
12		for payment of such tickets until that date. Within 10 days
13		thereafter, the balance of such sum remaining unclaimed, less
14		any uncashed supplements contributed by such licensee for the
15		purpose of guaranteeing minimum distributions of any
16		pari-mutuel pool, shall be evenly distributed to the purse
17		account of the organization licensee and the organization
18		licensee, except that the balance of the sum of all
19		outstanding pari-mutuel tickets generated from simulcast
20		wagering and inter-track wagering by an organization licensee
21		located in a county with a population in excess of 230,000 and
22		borders the Mississippi River or any licensee that derives its
23		license from that organization licensee shall be evenly
24		distributed to the purse account of the organization licensee
25		and the organization licensee.
26		(d) A pari-mutuel ticket shall be honored until December

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1		31 of the next calendar year, and the licensee shall pay the
2		same and may charge the amount thereof against unpaid money
3		similarly accumulated on account of pari-mutuel tickets not
4		presented for payment.
5		(e) No licensee shall knowingly permit any minor, other
6		than an employee of such licensee or an owner, trainer,
7		jockey, driver, or employee thereof, to be admitted during a
8		racing program unless accompanied by a parent or guardian, or
9		any minor to be a patron of the pari-mutuel system of wagering
10		conducted or supervised by it. The admission of any
11		unaccompanied minor, other than an employee of the licensee or
12		an owner, trainer, jockey, driver, or employee thereof at a
13		race track is a Class C misdemeanor.
14		(f) Notwithstanding the other provisions of this Act, an
15		organization licensee may contract with an entity in another
16		state or country to permit any legal wagering entity in
17		another state or country to accept wagers solely within such
18		other state or country on races conducted by the organization
19		licensee in this State. Beginning January 1, 2000, these
20		wagers shall not be subject to State taxation. Until January
21		1, 2000, when the out-of-State entity conducts a pari-mutuel
22		pool separate from the organization licensee, a privilege tax
23		equal to 7 1/2% of all monies received by the organization
24		licensee from entities in other states or countries pursuant
25		to such contracts is imposed on the organization licensee, and
26		such privilege tax shall be remitted to the Department of

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1		Revenue within 48 hours of receipt of the moneys from the
2		simulcast. When the out-of-State entity conducts a combined
3		pari-mutuel pool with the organization licensee, the tax shall
4		be 10% of all monies received by the organization licensee
5		with 25% of the receipts from this 10% tax to be distributed to
6		the county in which the race was conducted.
7		An organization licensee may permit one or more of its
8		races to be utilized for pari-mutuel wagering at one or more
9		locations in other states and may transmit audio and visual
10		signals of races the organization licensee conducts to one or
11		more locations outside the State or country and may also
12		permit pari-mutuel pools in other states or countries to be
13		combined with its gross or net wagering pools or with wagering
14		pools established by other states.
15		(g) A host track may accept interstate simulcast wagers on
16		horse races conducted in other states or countries and shall
17		control the number of signals and types of breeds of racing in
18		its simulcast program, subject to the disapproval of the
19		Board. The Board may prohibit a simulcast program only if it
20		finds that the simulcast program is clearly adverse to the
21		integrity of racing. The host track simulcast program shall
22		include the signal of live racing of all organization
23		licensees. All non-host licensees and advance deposit wagering
24		licensees shall carry the signal of and accept wagers on live
25		racing of all organization licensees. Advance deposit wagering
26		licensees shall not be permitted to accept out-of-state wagers

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1		on any Illinois signal provided pursuant to this Section
2		without the approval and consent of the organization licensee
3		providing the signal. For one year after August 15, 2014 (the
4		effective date of Public Act 98-968), non-host licensees may
5		carry the host track simulcast program and shall accept wagers
6		on all races included as part of the simulcast program of horse
7		races conducted at race tracks located within North America
8		upon which wagering is permitted. For a period of one year
9		after August 15, 2014 (the effective date of Public Act
10		98-968), on horse races conducted at race tracks located
11		outside of North America, non-host licensees may accept wagers
12		on all races included as part of the simulcast program upon
13		which wagering is permitted. Beginning August 15, 2015 (one
14		year after the effective date of Public Act 98-968), non-host
15		licensees may carry the host track simulcast program and shall
16		accept wagers on all races included as part of the simulcast
17		program upon which wagering is permitted. All organization
18		licensees shall provide their live signal to all advance
19		deposit wagering licensees for a simulcast commission fee not
20		to exceed 6% of the advance deposit wagering licensee's
21		Illinois handle on the organization licensee's signal without
22		prior approval by the Board. The Board may adopt rules under
23		which it may permit simulcast commission fees in excess of 6%.
24		The Board shall adopt rules limiting the interstate commission
25		fees charged to an advance deposit wagering licensee. The
26		Board shall adopt rules regarding advance deposit wagering on

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1		interstate simulcast races that shall reflect, among other
2		things, the General Assembly's desire to maximize revenues to
3		the State, horsemen purses, and organization licensees.
4		However, organization licensees providing live signals
5		pursuant to the requirements of this subsection (g) may
6		petition the Board to withhold their live signals from an
7		advance deposit wagering licensee if the organization licensee
8		discovers and the Board finds reputable or credible
9		information that the advance deposit wagering licensee is
10		under investigation by another state or federal governmental
11		agency, the advance deposit wagering licensee's license has
12		been suspended in another state, or the advance deposit
13		wagering licensee's license is in revocation proceedings in
14		another state. The organization licensee's provision of their
15		live signal to an advance deposit wagering licensee under this
16		subsection (g) pertains to wagers placed from within Illinois.
17		Advance deposit wagering licensees may place advance deposit
18		wagering terminals at wagering facilities as a convenience to
19		customers. The advance deposit wagering licensee shall not
20		charge or collect any fee from purses for the placement of the
21		advance deposit wagering terminals. The costs and expenses of
22		the host track and non-host licensees associated with
23		interstate simulcast wagering, other than the interstate
24		commission fee, shall be borne by the host track and all
25		non-host licensees incurring these costs. The interstate
26		commission fee shall not exceed 5% of Illinois handle on the

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1		interstate simulcast race or races without prior approval of
2		the Board. The Board shall promulgate rules under which it may
3		permit interstate commission fees in excess of 5%. The
4		interstate commission fee and other fees charged by the
5		sending racetrack, including, but not limited to, satellite
6		decoder fees, shall be uniformly applied to the host track and
7		all non-host licensees.
8		Notwithstanding any other provision of this Act, an
9		organization licensee, with the consent of the horsemen
10		association representing the largest number of owners,
11		trainers, jockeys, or standardbred drivers who race horses at
12		that organization licensee's racing meeting, may maintain a
13		system whereby advance deposit wagering may take place or an
14		organization licensee, with the consent of the horsemen
15		association representing the largest number of owners,
16		trainers, jockeys, or standardbred drivers who race horses at
17		that organization licensee's racing meeting, may contract with
18		another person to carry out a system of advance deposit
19		wagering. Such consent may not be unreasonably withheld. Only
20		with respect to an appeal to the Board that consent for an
21		organization licensee that maintains its own advance deposit
22		wagering system is being unreasonably withheld, the Board
23		shall issue a final order within 30 days after initiation of
24		the appeal, and the organization licensee's advance deposit
25		wagering system may remain operational during that 30-day
26		period. The actions of any organization licensee who conducts

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1		advance deposit wagering or any person who has a contract with
2		an organization licensee to conduct advance deposit wagering
3		who conducts advance deposit wagering on or after January 1,
4		2013 and prior to June 7, 2013 (the effective date of Public
5		Act 98-18) taken in reliance on the changes made to this
6		subsection (g) by Public Act 98-18 are hereby validated,
7		provided payment of all applicable pari-mutuel taxes are
8		remitted to the Board. All advance deposit wagers placed from
9		within Illinois must be placed through a Board-approved
10		advance deposit wagering licensee; no other entity may accept
11		an advance deposit wager from a person within Illinois. All
12		advance deposit wagering is subject to any rules adopted by
13		the Board. The Board may adopt rules necessary to regulate
14		advance deposit wagering through the use of emergency
15		rulemaking in accordance with Section 5-45 of the Illinois
16		Administrative Procedure Act. The General Assembly finds that
17		the adoption of rules to regulate advance deposit wagering is
18		deemed an emergency and necessary for the public interest,
19		safety, and welfare. An advance deposit wagering licensee may
20		retain all moneys as agreed to by contract with an
21		organization licensee. Any moneys retained by the organization
22		licensee from advance deposit wagering, not including moneys
23		retained by the advance deposit wagering licensee, shall be
24		paid 50% to the organization licensee's purse account and 50%
25		to the organization licensee. With the exception of any
26		organization licensee that is owned by a publicly traded

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1		company that is incorporated in a state other than Illinois
2		and advance deposit wagering licensees under contract with
3		such organization licensees, organization licensees that
4		maintain advance deposit wagering systems and advance deposit
5		wagering licensees that contract with organization licensees
6		shall provide sufficiently detailed monthly accountings to the
7		horsemen association representing the largest number of
8		owners, trainers, jockeys, or standardbred drivers who race
9		horses at that organization licensee's racing meeting so that
10		the horsemen association, as an interested party, can confirm
11		the accuracy of the amounts paid to the purse account at the
12		horsemen association's affiliated organization licensee from
13		advance deposit wagering. If more than one breed races at the
14		same race track facility, then the 50% of the moneys to be paid
15		to an organization licensee's purse account shall be allocated
16		among all organization licensees' purse accounts operating at
17		that race track facility proportionately based on the actual
18		number of host days that the Board grants to that breed at that
19		race track facility in the current calendar year. To the
20		extent any fees from advance deposit wagering conducted in
21		Illinois for wagers in Illinois or other states have been
22		placed in escrow or otherwise withheld from wagers pending a
23		determination of the legality of advance deposit wagering, no
24		action shall be brought to declare such wagers or the
25		disbursement of any fees previously escrowed illegal.
26		(1) Between the hours of 6:30 a.m. and 6:30 p.m. an

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1		inter-track wagering licensee other than the host track
2		may supplement the host track simulcast program with
3		additional simulcast races or race programs, provided that
4		between January 1 and the third Friday in February of any
5		year, inclusive, if no live thoroughbred racing is
6		occurring in Illinois during this period, only
7		thoroughbred races may be used for supplemental interstate
8		simulcast purposes. The Board shall withhold approval for
9		a supplemental interstate simulcast only if it finds that
10		the simulcast is clearly adverse to the integrity of
11		racing. A supplemental interstate simulcast may be
12		transmitted from an inter-track wagering licensee to its
13		affiliated non-host licensees. The interstate commission
14		fee for a supplemental interstate simulcast shall be paid
15		by the non-host licensee and its affiliated non-host
16		licensees receiving the simulcast.
17		(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
18		inter-track wagering licensee other than the host track
19		may receive supplemental interstate simulcasts only with
20		the consent of the host track, except when the Board finds
21		that the simulcast is clearly adverse to the integrity of
22		racing. Consent granted under this paragraph (2) to any
23		inter-track wagering licensee shall be deemed consent to
24		all non-host licensees. The interstate commission fee for
25		the supplemental interstate simulcast shall be paid by all
26		participating non-host licensees.

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1		(3) Each licensee conducting interstate simulcast
2		wagering may retain, subject to the payment of all
3		applicable taxes and the purses, an amount not to exceed
4		17% of all money wagered. If any licensee conducts the
5		pari-mutuel system wagering on races conducted at
6		racetracks in another state or country, each such race or
7		race program shall be considered a separate racing day for
8		the purpose of determining the daily handle and computing
9		the privilege tax of that daily handle as provided in
10		subsection (a) of Section 27. Until January 1, 2000, from
11		the sums permitted to be retained pursuant to this
12		subsection, each inter-track wagering location licensee
13		shall pay 1% of the pari-mutuel handle wagered on
14		simulcast wagering to the Horse Racing Tax Allocation
15		Fund, subject to the provisions of subparagraph (B) of
16		paragraph (11) of subsection (h) of Section 26 of this
17		Act.
18		(4) A licensee who receives an interstate simulcast
19		may combine its gross or net pools with pools at the
20		sending racetracks pursuant to rules established by the
21		Board. All licensees combining their gross pools at a
22		sending racetrack shall adopt the takeout percentages of
23		the sending racetrack. A licensee may also establish a
24		separate pool and takeout structure for wagering purposes
25		on races conducted at race tracks outside of the State of
26		Illinois. The licensee may permit pari-mutuel wagers

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1		placed in other states or countries to be combined with
2		its gross or net wagering pools or other wagering pools.
3		(5) After the payment of the interstate commission fee
4		(except for the interstate commission fee on a
5		supplemental interstate simulcast, which shall be paid by
6		the host track and by each non-host licensee through the
7		host track) and all applicable State and local taxes,
8		except as provided in subsection (g) of Section 27 of this
9		Act, the remainder of moneys retained from simulcast
10		wagering pursuant to this subsection (g), and Section 26.2
11		shall be divided as follows:
12		(A) For interstate simulcast wagers made at a host
13		track, 50% to the host track and 50% to purses at the
14		host track.
15		(B) For wagers placed on interstate simulcast
16		races, supplemental simulcasts as defined in
17		subparagraphs (1) and (2), and separately pooled races
18		conducted outside of the State of Illinois made at a
19		non-host licensee, 25% to the host track, 25% to the
20		non-host licensee, and 50% to the purses at the host
21		track.
22		(6) Notwithstanding any provision in this Act to the
23		contrary, non-host licensees who derive their licenses
24		from a track located in a county with a population in
25		excess of 230,000 and that borders the Mississippi River
26		may receive supplemental interstate simulcast races at all

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1		times subject to Board approval, which shall be withheld
2		only upon a finding that a supplemental interstate
3		simulcast is clearly adverse to the integrity of racing.
4		(7) Effective January 1, 2017, notwithstanding any
5		provision of this Act to the contrary, after payment of
6		all applicable State and local taxes and interstate
7		commission fees, non-host licensees who derive their
8		licenses from a track located in a county with a
9		population in excess of 230,000 and that borders the
10		Mississippi River shall retain 50% of the retention from
11		interstate simulcast wagers and shall pay 50% to purses at
12		the track from which the non-host licensee derives its
13		license.
14		(7.1) Notwithstanding any other provision of this Act
15		to the contrary, if no standardbred racing is conducted at
16		a racetrack located in Madison County during any calendar
17		year beginning on or after January 1, 2002, all moneys
18		derived by that racetrack from simulcast wagering and
19		inter-track wagering that (1) are to be used for purses
20		and (2) are generated between the hours of 6:30 p.m. and
21		6:30 a.m. during that calendar year shall be paid as
22		follows:
23		(A) If the licensee that conducts horse racing at
24		that racetrack requests from the Board at least as
25		many racing dates as were conducted in calendar year
26		2000, 80% shall be paid to its thoroughbred purse

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1		account; and
2		(B) Twenty percent shall be deposited into the
3		Illinois Colt Stakes Purse Distribution Fund and shall
4		be paid to purses for standardbred races for Illinois
5		conceived and foaled horses conducted at any county
6		fairgrounds. The moneys deposited into the Fund
7		pursuant to this subparagraph (B) shall be deposited
8		within 2 weeks after the day they were generated,
9		shall be in addition to and not in lieu of any other
10		moneys paid to standardbred purses under this Act, and
11		shall not be commingled with other moneys paid into
12		that Fund. The moneys deposited pursuant to this
13		subparagraph (B) shall be allocated as provided by the
14		Department of Agriculture, with the advice and
15		assistance of the Illinois Standardbred Breeders Fund
16		Advisory Board.
17		(7.2) Notwithstanding any other provision of this Act
18		to the contrary, if no thoroughbred racing is conducted at
19		a racetrack located in Madison County during any calendar
20		year beginning on or after January 1, 2002, all moneys
21		derived by that racetrack from simulcast wagering and
22		inter-track wagering that (1) are to be used for purses
23		and (2) are generated between the hours of 6:30 a.m. and
24		6:30 p.m. during that calendar year shall be deposited as
25		follows:
26		(A) If the licensee that conducts horse racing at

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1		that racetrack requests from the Board at least as
2		many racing dates as were conducted in calendar year
3		2000, 80% shall be deposited into its standardbred
4		purse account; and
5		(B) Twenty percent shall be deposited into the
6		Illinois Colt Stakes Purse Distribution Fund. Moneys
7		deposited into the Illinois Colt Stakes Purse
8		Distribution Fund pursuant to this subparagraph (B)
9		shall be paid to Illinois conceived and foaled
10		thoroughbred breeders' programs and to thoroughbred
11		purses for races conducted at any county fairgrounds
12		for Illinois conceived and foaled horses at the
13		discretion of the Department of Agriculture, with the
14		advice and assistance of the Illinois Thoroughbred
15		Breeders Fund Advisory Board. The moneys deposited
16		into the Illinois Colt Stakes Purse Distribution Fund
17		pursuant to this subparagraph (B) shall be deposited
18		within 2 weeks after the day they were generated,
19		shall be in addition to and not in lieu of any other
20		moneys paid to thoroughbred purses under this Act, and
21		shall not be commingled with other moneys deposited
22		into that Fund.
23		(7.3) (Blank).
24		(7.4) (Blank).
25		(8) Notwithstanding any provision in this Act to the
26		contrary, an organization licensee from a track located in

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1		a county with a population in excess of 230,000 and that
2		borders the Mississippi River and its affiliated non-host
3		licensees shall not be entitled to share in any retention
4		generated on racing, inter-track wagering, or simulcast
5		wagering at any other Illinois wagering facility.
6		(8.1) Notwithstanding any provisions in this Act to
7		the contrary, if 2 organization licensees are conducting
8		standardbred race meetings concurrently between the hours
9		of 6:30 p.m. and 6:30 a.m., after payment of all
10		applicable State and local taxes and interstate commission
11		fees, the remainder of the amount retained from simulcast
12		wagering otherwise attributable to the host track and to
13		host track purses shall be split daily between the 2
14		organization licensees and the purses at the tracks of the
15		2 organization licensees, respectively, based on each
16		organization licensee's share of the total live handle for
17		that day, provided that this provision shall not apply to
18		any non-host licensee that derives its license from a
19		track located in a county with a population in excess of
20		230,000 and that borders the Mississippi River.
21		(9) (Blank).
22		(10) (Blank).
23		(11) (Blank).
24		(12) The Board shall have authority to compel all host
25		tracks to receive the simulcast of any or all races
26		conducted at the Springfield or DuQuoin State fairgrounds

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1		and include all such races as part of their simulcast
2		programs.
3		(13) Notwithstanding any other provision of this Act,
4		in the event that the total Illinois pari-mutuel handle on
5		Illinois horse races at all wagering facilities in any
6		calendar year is less than 75% of the total Illinois
7		pari-mutuel handle on Illinois horse races at all such
8		wagering facilities for calendar year 1994, then each
9		wagering facility that has an annual total Illinois
10		pari-mutuel handle on Illinois horse races that is less
11		than 75% of the total Illinois pari-mutuel handle on
12		Illinois horse races at such wagering facility for
13		calendar year 1994, shall be permitted to receive, from
14		any amount otherwise payable to the purse account at the
15		race track with which the wagering facility is affiliated
16		in the succeeding calendar year, an amount equal to 2% of
17		the differential in total Illinois pari-mutuel handle on
18		Illinois horse races at the wagering facility between that
19		calendar year in question and 1994 provided, however, that
20		a wagering facility shall not be entitled to any such
21		payment until the Board certifies in writing to the
22		wagering facility the amount to which the wagering
23		facility is entitled and a schedule for payment of the
24		amount to the wagering facility, based on: (i) the racing
25		dates awarded to the race track affiliated with the
26		wagering facility during the succeeding year; (ii) the

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1		sums available or anticipated to be available in the purse
2		account of the race track affiliated with the wagering
3		facility for purses during the succeeding year; and (iii)
4		the need to ensure reasonable purse levels during the
5		payment period. The Board's certification shall be
6		provided no later than January 31 of the succeeding year.
7		In the event a wagering facility entitled to a payment
8		under this paragraph (13) is affiliated with a race track
9		that maintains purse accounts for both standardbred and
10		thoroughbred racing, the amount to be paid to the wagering
11		facility shall be divided between each purse account pro
12		rata, based on the amount of Illinois handle on Illinois
13		standardbred and thoroughbred racing respectively at the
14		wagering facility during the previous calendar year.
15		Annually, the General Assembly shall appropriate
16		sufficient funds from the General Revenue Fund to the
17		Department of Agriculture for payment into the
18		thoroughbred and standardbred horse racing purse accounts
19		at Illinois pari-mutuel tracks. The amount paid to each
20		purse account shall be the amount certified by the
21		Illinois Racing Board in January to be transferred from
22		each account to each eligible racing facility in
23		accordance with the provisions of this Section. Beginning
24		in the calendar year in which an organization licensee
25		that is eligible to receive payment under this paragraph
26		(13) begins to receive funds from gaming pursuant to an

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1		organization gaming license issued under the Illinois
2		Gambling Act, the amount of the payment due to all
3		wagering facilities licensed under that organization
4		licensee under this paragraph (13) shall be the amount
5		certified by the Board in January of that year. An
6		organization licensee and its related wagering facilities
7		shall no longer be able to receive payments under this
8		paragraph (13) beginning in the year subsequent to the
9		first year in which the organization licensee begins to
10		receive funds from gaming pursuant to an organization
11		gaming license issued under the Illinois Gambling Act.
12		(h) The Board may approve and license the conduct of
13		inter-track wagering and simulcast wagering by inter-track
14		wagering licensees and inter-track wagering location licensees
15		subject to the following terms and conditions:
16		(1) Any person licensed to conduct a race meeting (i)
17		at a track where 60 or more days of racing were conducted
18		during the immediately preceding calendar year or where
19		over the 5 immediately preceding calendar years an average
20		of 30 or more days of racing were conducted annually may be
21		issued an inter-track wagering license; (ii) at a track
22		located in a county that is bounded by the Mississippi
23		River, which has a population of less than 150,000
24		according to the 1990 decennial census, and an average of
25		at least 60 days of racing per year between 1985 and 1993
26		may be issued an inter-track wagering license; (iii) at a

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1		track awarded standardbred racing dates; or (iv) at a
2		track located in Madison County that conducted at least
3		100 days of live racing during the immediately preceding
4		calendar year may be issued an inter-track wagering
5		license, unless a lesser schedule of live racing is the
6		result of (A) weather, unsafe track conditions, or other
7		acts of God; (B) an agreement between the organization
8		licensee and the associations representing the largest
9		number of owners, trainers, jockeys, or standardbred
10		drivers who race horses at that organization licensee's
11		racing meeting; or (C) a finding by the Board of
12		extraordinary circumstances and that it was in the best
13		interest of the public and the sport to conduct fewer than
14		100 days of live racing. Any such person having operating
15		control of the racing facility may receive inter-track
16		wagering location licenses. An eligible race track located
17		in a county that has a population of more than 230,000 and
18		that is bounded by the Mississippi River may establish up
19		to 9 inter-track wagering locations, an eligible race
20		track located in Stickney Township in Cook County may
21		establish up to 16 inter-track wagering locations, and an
22		eligible race track located in Palatine Township in Cook
23		County may establish up to 18 inter-track wagering
24		locations. An eligible racetrack conducting standardbred
25		racing may have up to 16 inter-track wagering locations.
26		An application for said license shall be filed with the

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1		Board prior to such dates as may be fixed by the Board.
2		With an application for an inter-track wagering location
3		license there shall be delivered to the Board a certified
4		check or bank draft payable to the order of the Board for
5		an amount equal to $500. The application shall be on forms
6		prescribed and furnished by the Board. The application
7		shall comply with all other rules, regulations and
8		conditions imposed by the Board in connection therewith.
9		(2) The Board shall examine the applications with
10		respect to their conformity with this Act and the rules
11		and regulations imposed by the Board. If found to be in
12		compliance with the Act and rules and regulations of the
13		Board, the Board may then issue a license to conduct
14		inter-track wagering and simulcast wagering to such
15		applicant. All such applications shall be acted upon by
16		the Board at a meeting to be held on such date as may be
17		fixed by the Board.
18		(3) In granting licenses to conduct inter-track
19		wagering and simulcast wagering, the Board shall give due
20		consideration to the best interests of the public, of
21		horse racing, and of maximizing revenue to the State.
22		(4) Prior to the issuance of a license to conduct
23		inter-track wagering and simulcast wagering, the applicant
24		shall file with the Board a bond payable to the State of
25		Illinois in the sum of $50,000, executed by the applicant
26		and a surety company or companies authorized to do

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1		business in this State, and conditioned upon (i) the
2		payment by the licensee of all taxes due under Section 27
3		or 27.1 and any other monies due and payable under this
4		Act, and (ii) distribution by the licensee, upon
5		presentation of the winning ticket or tickets, of all sums
6		payable to the patrons of pari-mutuel pools.
7		(5) Each license to conduct inter-track wagering and
8		simulcast wagering shall specify the person to whom it is
9		issued, the dates on which such wagering is permitted, and
10		the track or location where the wagering is to be
11		conducted.
12		(6) All wagering under such license is subject to this
13		Act and to the rules and regulations from time to time
14		prescribed by the Board, and every such license issued by
15		the Board shall contain a recital to that effect.
16		(7) An inter-track wagering licensee or inter-track
17		wagering location licensee may accept wagers at the track
18		or location where it is licensed, or as otherwise provided
19		under this Act.
20		(8) Inter-track wagering or simulcast wagering shall
21		not be conducted at any track less than 4 miles from a
22		track at which a racing meeting is in progress.
23		(8.1) Inter-track wagering location licensees who
24		derive their licenses from a particular organization
25		licensee shall conduct inter-track wagering and simulcast
26		wagering only at locations that are within 160 miles of

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1		that race track where the particular organization licensee
2		is licensed to conduct racing. However, inter-track
3		wagering and simulcast wagering shall not be conducted by
4		those licensees at any location within 5 miles of any race
5		track at which a horse race meeting has been licensed in
6		the current year, unless the person having operating
7		control of such race track has given its written consent
8		to such inter-track wagering location licensees, which
9		consent must be filed with the Board at or prior to the
10		time application is made. In the case of any inter-track
11		wagering location licensee initially licensed after
12		December 31, 2013, inter-track wagering and simulcast
13		wagering shall not be conducted by those inter-track
14		wagering location licensees that are located outside the
15		City of Chicago at any location within 8 miles of any race
16		track at which a horse race meeting has been licensed in
17		the current year, unless the person having operating
18		control of such race track has given its written consent
19		to such inter-track wagering location licensees, which
20		consent must be filed with the Board at or prior to the
21		time application is made.
22		(8.2) Inter-track wagering or simulcast wagering shall
23		not be conducted by an inter-track wagering location
24		licensee at any location within 100 feet of an existing
25		church, an existing elementary or secondary public school,
26		or an existing elementary or secondary private school

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1		registered with or recognized by the State Board of
2		Education. The distance of 100 feet shall be measured to
3		the nearest part of any building used for worship
4		services, education programs, or conducting inter-track
5		wagering by an inter-track wagering location licensee, and
6		not to property boundaries. However, inter-track wagering
7		or simulcast wagering may be conducted at a site within
8		100 feet of a church or school if such church or school has
9		been erected or established after the Board issues the
10		original inter-track wagering location license at the site
11		in question. Inter-track wagering location licensees may
12		conduct inter-track wagering and simulcast wagering only
13		in areas that are zoned for commercial or manufacturing
14		purposes or in areas for which a special use has been
15		approved by the local zoning authority. However, no
16		license to conduct inter-track wagering and simulcast
17		wagering shall be granted by the Board with respect to any
18		inter-track wagering location within the jurisdiction of
19		any local zoning authority which has, by ordinance or by
20		resolution, prohibited the establishment of an inter-track
21		wagering location within its jurisdiction. However,
22		inter-track wagering and simulcast wagering may be
23		conducted at a site if such ordinance or resolution is
24		enacted after the Board licenses the original inter-track
25		wagering location licensee for the site in question.
26		(9) (Blank).

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1		(10) An inter-track wagering licensee or an
2		inter-track wagering location licensee may retain, subject
3		to the payment of the privilege taxes and the purses, an
4		amount not to exceed 17% of all money wagered. Each
5		program of racing conducted by each inter-track wagering
6		licensee or inter-track wagering location licensee shall
7		be considered a separate racing day for the purpose of
8		determining the daily handle and computing the privilege
9		tax or pari-mutuel tax on such daily handle as provided in
10		Section 27.
11		(10.1) Except as provided in subsection (g) of Section
12		27 of this Act, inter-track wagering location licensees
13		shall pay 1% of the pari-mutuel handle at each location to
14		the municipality in which such location is situated and 1%
15		of the pari-mutuel handle at each location to the county
16		in which such location is situated. In the event that an
17		inter-track wagering location licensee is situated in an
18		unincorporated area of a county, such licensee shall pay
19		2% of the pari-mutuel handle from such location to such
20		county. Inter-track wagering location licensees must pay
21		the handle percentage required under this paragraph to the
22		municipality and county no later than the 20th of the
23		month following the month such handle was generated.
24		(10.2) Notwithstanding any other provision of this
25		Act, with respect to inter-track wagering at a race track
26		located in a county that has a population of more than

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1		230,000 and that is bounded by the Mississippi River ("the
2		first race track"), or at a facility operated by an
3		inter-track wagering licensee or inter-track wagering
4		location licensee that derives its license from the
5		organization licensee that operates the first race track,
6		on races conducted at the first race track or on races
7		conducted at another Illinois race track and
8		simultaneously televised to the first race track or to a
9		facility operated by an inter-track wagering licensee or
10		inter-track wagering location licensee that derives its
11		license from the organization licensee that operates the
12		first race track, those moneys shall be allocated as
13		follows:
14		(A) That portion of all moneys wagered on
15		standardbred racing that is required under this Act to
16		be paid to purses shall be paid to purses for
17		standardbred races.
18		(B) That portion of all moneys wagered on
19		thoroughbred racing that is required under this Act to
20		be paid to purses shall be paid to purses for
21		thoroughbred races.
22		(11) (A) After payment of the privilege or pari-mutuel
23		tax, any other applicable taxes, and the costs and
24		expenses in connection with the gathering, transmission,
25		and dissemination of all data necessary to the conduct of
26		inter-track wagering, the remainder of the monies retained

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1		under either Section 26 or Section 26.2 of this Act by the
2		inter-track wagering licensee on inter-track wagering
3		shall be allocated with 50% to be split between the 2
4		participating licensees and 50% to purses, except that an
5		inter-track wagering licensee that derives its license
6		from a track located in a county with a population in
7		excess of 230,000 and that borders the Mississippi River
8		shall not divide any remaining retention with the Illinois
9		organization licensee that provides the race or races, and
10		an inter-track wagering licensee that accepts wagers on
11		races conducted by an organization licensee that conducts
12		a race meet in a county with a population in excess of
13		230,000 and that borders the Mississippi River shall not
14		divide any remaining retention with that organization
15		licensee.
16		(B) From the sums permitted to be retained pursuant to
17		this Act each inter-track wagering location licensee shall
18		pay (i) the privilege or pari-mutuel tax to the State;
19		(ii) 4.75% of the pari-mutuel handle on inter-track
20		wagering at such location on races as purses, except that
21		an inter-track wagering location licensee that derives its
22		license from a track located in a county with a population
23		in excess of 230,000 and that borders the Mississippi
24		River shall retain all purse moneys for its own purse
25		account consistent with distribution set forth in this
26		subsection (h), and inter-track wagering location

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1		licensees that accept wagers on races conducted by an
2		organization licensee located in a county with a
3		population in excess of 230,000 and that borders the
4		Mississippi River shall distribute all purse moneys to
5		purses at the operating host track; (iii) until January 1,
6		2000, except as provided in subsection (g) of Section 27
7		of this Act, 1% of the pari-mutuel handle wagered on
8		inter-track wagering and simulcast wagering at each
9		inter-track wagering location licensee facility to the
10		Horse Racing Tax Allocation Fund, provided that, to the
11		extent the total amount collected and distributed to the
12		Horse Racing Tax Allocation Fund under this subsection (h)
13		during any calendar year exceeds the amount collected and
14		distributed to the Horse Racing Tax Allocation Fund during
15		calendar year 1994, that excess amount shall be
16		redistributed (I) to all inter-track wagering location
17		licensees, based on each licensee's pro rata share of the
18		total handle from inter-track wagering and simulcast
19		wagering for all inter-track wagering location licensees
20		during the calendar year in which this provision is
21		applicable; then (II) the amounts redistributed to each
22		inter-track wagering location licensee as described in
23		subpart (I) shall be further redistributed as provided in
24		subparagraph (B) of paragraph (5) of subsection (g) of
25		this Section 26 provided first, that the shares of those
26		amounts, which are to be redistributed to the host track

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1		or to purses at the host track under subparagraph (B) of
2		paragraph (5) of subsection (g) of this Section 26 shall
3		be redistributed based on each host track's pro rata share
4		of the total inter-track wagering and simulcast wagering
5		handle at all host tracks during the calendar year in
6		question, and second, that any amounts redistributed as
7		described in part (I) to an inter-track wagering location
8		licensee that accepts wagers on races conducted by an
9		organization licensee that conducts a race meet in a
10		county with a population in excess of 230,000 and that
11		borders the Mississippi River shall be further
12		redistributed, effective January 1, 2017, as provided in
13		paragraph (7) of subsection (g) of this Section 26, with
14		the portion of that further redistribution allocated to
15		purses at that organization licensee to be divided between
16		standardbred purses and thoroughbred purses based on the
17		amounts otherwise allocated to purses at that organization
18		licensee during the calendar year in question; and (iv) 8%
19		of the pari-mutuel handle on inter-track wagering wagered
20		at such location to satisfy all costs and expenses of
21		conducting its wagering. The remainder of the monies
22		retained by the inter-track wagering location licensee
23		shall be allocated 40% to the location licensee and 60% to
24		the organization licensee which provides the Illinois
25		races to the location, except that an inter-track wagering
26		location licensee that derives its license from a track

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1		located in a county with a population in excess of 230,000
2		and that borders the Mississippi River shall not divide
3		any remaining retention with the organization licensee
4		that provides the race or races and an inter-track
5		wagering location licensee that accepts wagers on races
6		conducted by an organization licensee that conducts a race
7		meet in a county with a population in excess of 230,000 and
8		that borders the Mississippi River shall not divide any
9		remaining retention with the organization licensee.
10		Notwithstanding the provisions of clauses (ii) and (iv) of
11		this paragraph, in the case of the additional inter-track
12		wagering location licenses authorized under paragraph (1)
13		of this subsection (h) by Public Act 87-110, those
14		licensees shall pay the following amounts as purses:
15		during the first 12 months the licensee is in operation,
16		5.25% of the pari-mutuel handle wagered at the location on
17		races; during the second 12 months, 5.25%; during the
18		third 12 months, 5.75%; during the fourth 12 months,
19		6.25%; and during the fifth 12 months and thereafter,
20		6.75%. The following amounts shall be retained by the
21		licensee to satisfy all costs and expenses of conducting
22		its wagering: during the first 12 months the licensee is
23		in operation, 8.25% of the pari-mutuel handle wagered at
24		the location; during the second 12 months, 8.25%; during
25		the third 12 months, 7.75%; during the fourth 12 months,
26		7.25%; and during the fifth 12 months and thereafter,

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1		6.75%. For additional inter-track wagering location
2		licensees authorized under Public Act 89-16, purses for
3		the first 12 months the licensee is in operation shall be
4		5.75% of the pari-mutuel wagered at the location, purses
5		for the second 12 months the licensee is in operation
6		shall be 6.25%, and purses thereafter shall be 6.75%. For
7		additional inter-track location licensees authorized under
8		Public Act 89-16, the licensee shall be allowed to retain
9		to satisfy all costs and expenses: 7.75% of the
10		pari-mutuel handle wagered at the location during its
11		first 12 months of operation, 7.25% during its second 12
12		months of operation, and 6.75% thereafter.
13		(C) There is hereby created the Horse Racing Tax
14		Allocation Fund which shall remain in existence until
15		December 31, 1999. Moneys remaining in the Fund after
16		December 31, 1999 shall be paid into the General Revenue
17		Fund. Until January 1, 2000, all monies paid into the
18		Horse Racing Tax Allocation Fund pursuant to this
19		paragraph (11) by inter-track wagering location licensees
20		located in park districts of 500,000 population or less,
21		or in a municipality that is not included within any park
22		district but is included within a conservation district
23		and is the county seat of a county that (i) is contiguous
24		to the state of Indiana and (ii) has a 1990 population of
25		88,257 according to the United States Bureau of the
26		Census, and operating on May 1, 1994 shall be allocated by

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1		appropriation as follows:
2		Two-sevenths to the Department of Agriculture.
3		Fifty percent of this two-sevenths shall be used to
4		promote the Illinois horse racing and breeding
5		industry, and shall be distributed by the Department
6		of Agriculture upon the advice of a 9-member committee
7		appointed by the Governor consisting of the following
8		members: the Director of Agriculture, who shall serve
9		as chairman; 2 representatives of organization
10		licensees conducting thoroughbred race meetings in
11		this State, recommended by those licensees; 2
12		representatives of organization licensees conducting
13		standardbred race meetings in this State, recommended
14		by those licensees; a representative of the Illinois
15		Thoroughbred Breeders and Owners Foundation,
16		recommended by that Foundation; a representative of
17		the Illinois Standardbred Owners and Breeders
18		Association, recommended by that Association; a
19		representative of the Horsemen's Benevolent and
20		Protective Association or any successor organization
21		thereto established in Illinois comprised of the
22		largest number of owners and trainers, recommended by
23		that Association or that successor organization; and a
24		representative of the Illinois Harness Horsemen's
25		Association, recommended by that Association.
26		Committee members shall serve for terms of 2 years,

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1		commencing January 1 of each even-numbered year. If a
2		representative of any of the above-named entities has
3		not been recommended by January 1 of any even-numbered
4		year, the Governor shall appoint a committee member to
5		fill that position. Committee members shall receive no
6		compensation for their services as members but shall
7		be reimbursed for all actual and necessary expenses
8		and disbursements incurred in the performance of their
9		official duties. The remaining 50% of this
10		two-sevenths shall be distributed to county fairs for
11		premiums and rehabilitation as set forth in the
12		Agricultural Fair Act;
13		Four-sevenths to park districts or municipalities
14		that do not have a park district of 500,000 population
15		or less for museum purposes (if an inter-track
16		wagering location licensee is located in such a park
17		district) or to conservation districts for museum
18		purposes (if an inter-track wagering location licensee
19		is located in a municipality that is not included
20		within any park district but is included within a
21		conservation district and is the county seat of a
22		county that (i) is contiguous to the state of Indiana
23		and (ii) has a 1990 population of 88,257 according to
24		the United States Bureau of the Census, except that if
25		the conservation district does not maintain a museum,
26		the monies shall be allocated equally between the

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1		county and the municipality in which the inter-track
2		wagering location licensee is located for general
3		purposes) or to a municipal recreation board for park
4		purposes (if an inter-track wagering location licensee
5		is located in a municipality that is not included
6		within any park district and park maintenance is the
7		function of the municipal recreation board and the
8		municipality has a 1990 population of 9,302 according
9		to the United States Bureau of the Census); provided
10		that the monies are distributed to each park district
11		or conservation district or municipality that does not
12		have a park district in an amount equal to
13		four-sevenths of the amount collected by each
14		inter-track wagering location licensee within the park
15		district or conservation district or municipality for
16		the Fund. Monies that were paid into the Horse Racing
17		Tax Allocation Fund before August 9, 1991 (the
18		effective date of Public Act 87-110) by an inter-track
19		wagering location licensee located in a municipality
20		that is not included within any park district but is
21		included within a conservation district as provided in
22		this paragraph shall, as soon as practicable after
23		August 9, 1991 (the effective date of Public Act
24		87-110), be allocated and paid to that conservation
25		district as provided in this paragraph. Any park
26		district or municipality not maintaining a museum may

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1		deposit the monies in the corporate fund of the park
2		district or municipality where the inter-track
3		wagering location is located, to be used for general
4		purposes; and
5		One-seventh to the Agricultural Premium Fund to be
6		used for distribution to agricultural home economics
7		extension councils in accordance with "An Act in
8		relation to additional support and finances for the
9		Agricultural and Home Economic Extension Councils in
10		the several counties of this State and making an
11		appropriation therefor", approved July 24, 1967.
12		Until January 1, 2000, all other monies paid into the
13		Horse Racing Tax Allocation Fund pursuant to this
14		paragraph (11) shall be allocated by appropriation as
15		follows:
16		Two-sevenths to the Department of Agriculture.
17		Fifty percent of this two-sevenths shall be used to
18		promote the Illinois horse racing and breeding
19		industry, and shall be distributed by the Department
20		of Agriculture upon the advice of a 9-member committee
21		appointed by the Governor consisting of the following
22		members: the Director of Agriculture, who shall serve
23		as chairman; 2 representatives of organization
24		licensees conducting thoroughbred race meetings in
25		this State, recommended by those licensees; 2
26		representatives of organization licensees conducting

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1		standardbred race meetings in this State, recommended
2		by those licensees; a representative of the Illinois
3		Thoroughbred Breeders and Owners Foundation,
4		recommended by that Foundation; a representative of
5		the Illinois Standardbred Owners and Breeders
6		Association, recommended by that Association; a
7		representative of the Horsemen's Benevolent and
8		Protective Association or any successor organization
9		thereto established in Illinois comprised of the
10		largest number of owners and trainers, recommended by
11		that Association or that successor organization; and a
12		representative of the Illinois Harness Horsemen's
13		Association, recommended by that Association.
14		Committee members shall serve for terms of 2 years,
15		commencing January 1 of each even-numbered year. If a
16		representative of any of the above-named entities has
17		not been recommended by January 1 of any even-numbered
18		year, the Governor shall appoint a committee member to
19		fill that position. Committee members shall receive no
20		compensation for their services as members but shall
21		be reimbursed for all actual and necessary expenses
22		and disbursements incurred in the performance of their
23		official duties. The remaining 50% of this
24		two-sevenths shall be distributed to county fairs for
25		premiums and rehabilitation as set forth in the
26		Agricultural Fair Act;

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1		Four-sevenths to museums and aquariums located in
2		park districts of over 500,000 population; provided
3		that the monies are distributed in accordance with the
4		previous year's distribution of the maintenance tax
5		for such museums and aquariums as provided in Section
6		2 of the Park District Aquarium and Museum Act; and
7		One-seventh to the Agricultural Premium Fund to be
8		used for distribution to agricultural home economics
9		extension councils in accordance with "An Act in
10		relation to additional support and finances for the
11		Agricultural and Home Economic Extension Councils in
12		the several counties of this State and making an
13		appropriation therefor", approved July 24, 1967. This
14		subparagraph (C) shall be inoperative and of no force
15		and effect on and after January 1, 2000.
16		(D) Except as provided in paragraph (11) of this
17		subsection (h), with respect to purse allocation from
18		inter-track wagering, the monies so retained shall be
19		divided as follows:
20		(i) If the inter-track wagering licensee,
21		except an inter-track wagering licensee that
22		derives its license from an organization licensee
23		located in a county with a population in excess of
24		230,000 and bounded by the Mississippi River, is
25		not conducting its own race meeting during the
26		same dates, then the entire purse allocation shall

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1		be to purses at the track where the races wagered
2		on are being conducted.
3		(ii) If the inter-track wagering licensee,
4		except an inter-track wagering licensee that
5		derives its license from an organization licensee
6		located in a county with a population in excess of
7		230,000 and bounded by the Mississippi River, is
8		also conducting its own race meeting during the
9		same dates, then the purse allocation shall be as
10		follows: 50% to purses at the track where the
11		races wagered on are being conducted; 50% to
12		purses at the track where the inter-track wagering
13		licensee is accepting such wagers.
14		(iii) If the inter-track wagering is being
15		conducted by an inter-track wagering location
16		licensee, except an inter-track wagering location
17		licensee that derives its license from an
18		organization licensee located in a county with a
19		population in excess of 230,000 and bounded by the
20		Mississippi River, the entire purse allocation for
21		Illinois races shall be to purses at the track
22		where the race meeting being wagered on is being
23		held.
24		(12) The Board shall have all powers necessary and
25		proper to fully supervise and control the conduct of
26		inter-track wagering and simulcast wagering by inter-track

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1		wagering licensees and inter-track wagering location
2		licensees, including, but not limited to, the following:
3		(A) The Board is vested with power to promulgate
4		reasonable rules and regulations for the purpose of
5		administering the conduct of this wagering and to
6		prescribe reasonable rules, regulations and conditions
7		under which such wagering shall be held and conducted.
8		Such rules and regulations are to provide for the
9		prevention of practices detrimental to the public
10		interest and for the best interests of said wagering
11		and to impose penalties for violations thereof.
12		(B) The Board, and any person or persons to whom it
13		delegates this power, is vested with the power to
14		enter the facilities of any licensee to determine
15		whether there has been compliance with the provisions
16		of this Act and the rules and regulations relating to
17		the conduct of such wagering.
18		(C) The Board, and any person or persons to whom it
19		delegates this power, may eject or exclude from any
20		licensee's facilities, any person whose conduct or
21		reputation is such that his presence on such premises
22		may, in the opinion of the Board, call into the
23		question the honesty and integrity of, or interfere
24		with the orderly conduct of such wagering; provided,
25		however, that no person shall be excluded or ejected
26		from such premises solely on the grounds of race,

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1		color, creed, national origin, ancestry, or sex.
2		(D) (Blank).
3		(E) The Board is vested with the power to appoint
4		delegates to execute any of the powers granted to it
5		under this Section for the purpose of administering
6		this wagering and any rules and regulations
7		promulgated in accordance with this Act.
8		(F) The Board shall name and appoint a State
9		director of this wagering who shall be a
10		representative of the Board and whose duty it shall be
11		to supervise the conduct of inter-track wagering as
12		may be provided for by the rules and regulations of the
13		Board; such rules and regulation shall specify the
14		method of appointment and the Director's powers,
15		authority and duties.
16		(G) The Board is vested with the power to impose
17		civil penalties of up to $5,000 against individuals
18		and up to $10,000 against licensees for each violation
19		of any provision of this Act relating to the conduct of
20		this wagering, any rules adopted by the Board, any
21		order of the Board or any other action which in the
22		Board's discretion, is a detriment or impediment to
23		such wagering.
24		(13) The Department of Agriculture may enter into
25		agreements with licensees authorizing such licensees to
26		conduct inter-track wagering on races to be held at the

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1		licensed race meetings conducted by the Department of
2		Agriculture. Such agreement shall specify the races of the
3		Department of Agriculture's licensed race meeting upon
4		which the licensees will conduct wagering. In the event
5		that a licensee conducts inter-track pari-mutuel wagering
6		on races from the Illinois State Fair or DuQuoin State
7		Fair which are in addition to the licensee's previously
8		approved racing program, those races shall be considered a
9		separate racing day for the purpose of determining the
10		daily handle and computing the privilege or pari-mutuel
11		tax on that daily handle as provided in Sections 27 and
12		27.1. Such agreements shall be approved by the Board
13		before such wagering may be conducted. In determining
14		whether to grant approval, the Board shall give due
15		consideration to the best interests of the public and of
16		horse racing. The provisions of paragraphs (1), (8),
17		(8.1), and (8.2) of subsection (h) of this Section which
18		are not specified in this paragraph (13) shall not apply
19		to licensed race meetings conducted by the Department of
20		Agriculture at the Illinois State Fair in Sangamon County
21		or the DuQuoin State Fair in Perry County, or to any
22		wagering conducted on those race meetings.
23		(14) An inter-track wagering location license
24		authorized by the Board in 2016 that is owned and operated
25		by a race track in Rock Island County shall be transferred
26		to a commonly owned race track in Cook County on August 12,

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1		2016 (the effective date of Public Act 99-757). The
2		licensee shall retain its status in relation to purse
3		distribution under paragraph (11) of this subsection (h)
4		following the transfer to the new entity. The pari-mutuel
5		tax credit under Section 32.1 shall not be applied toward
6		any pari-mutuel tax obligation of the inter-track wagering
7		location licensee of the license that is transferred under
8		this paragraph (14).
9		(i) Notwithstanding the other provisions of this Act, the
10		conduct of wagering at wagering facilities is authorized on
11		all days, except as limited by subsection (b) of Section 19 of
12		this Act.
13		(Source: P.A. 100-201, eff. 8-18-17; 100-627, eff. 7-20-18;
14		100-1152, eff. 12-14-18; 101-31, eff. 6-28-19; 101-52, eff.
15		7-12-19; 101-81, eff. 7-12-19; 101-109, eff. 7-19-19; revised
16		9-27-19.)
17		(230 ILCS 5/27) (from Ch. 8, par. 37-27)
18		Sec. 27. (a) In addition to the organization license fee
19		provided by this Act, until January 1, 2000, a graduated
20		privilege tax is hereby imposed for conducting the pari-mutuel
21		system of wagering permitted under this Act. Until January 1,
22		2000, except as provided in subsection (g) of Section 27 of
23		this Act, all of the breakage of each racing day held by any
24		licensee in the State shall be paid to the State. Until January
25		1, 2000, such daily graduated privilege tax shall be paid by

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1		the licensee from the amount permitted to be retained under
2		this Act. Until January 1, 2000, each day's graduated
3		privilege tax, breakage, and Horse Racing Tax Allocation funds
4		shall be remitted to the Department of Revenue within 48 hours
5		after the close of the racing day upon which it is assessed or
6		within such other time as the Board prescribes. The privilege
7		tax hereby imposed, until January 1, 2000, shall be a flat tax
8		at the rate of 2% of the daily pari-mutuel handle except as
9		provided in Section 27.1.
10		In addition, every organization licensee, except as
11		provided in Section 27.1 of this Act, which conducts multiple
12		wagering shall pay, until January 1, 2000, as a privilege tax
13		on multiple wagers an amount equal to 1.25% of all moneys
14		wagered each day on such multiple wagers, plus an additional
15		amount equal to 3.5% of the amount wagered each day on any
16		other multiple wager which involves a single betting interest
17		on 3 or more horses. The licensee shall remit the amount of
18		such taxes to the Department of Revenue within 48 hours after
19		the close of the racing day on which it is assessed or within
20		such other time as the Board prescribes.
21		This subsection (a) shall be inoperative and of no force
22		and effect on and after January 1, 2000.
23		(a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
24		at the rate of 1.5% of the daily pari-mutuel handle is imposed
25		at all pari-mutuel wagering facilities and on advance deposit
26		wagering from a location other than a wagering facility,

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1		except as otherwise provided for in this subsection (a-5). In
2		addition to the pari-mutuel tax imposed on advance deposit
3		wagering pursuant to this subsection (a-5), beginning on
4		August 24, 2012 (the effective date of Public Act 97-1060), an
5		additional pari-mutuel tax at the rate of 0.25% shall be
6		imposed on advance deposit wagering. Until August 25, 2012,
7		the additional 0.25% pari-mutuel tax imposed on advance
8		deposit wagering by Public Act 96-972 shall be deposited into
9		the Quarter Horse Purse Fund, which shall be created as a
10		non-appropriated trust fund administered by the Board for
11		grants to thoroughbred organization licensees for payment of
12		purses for quarter horse races conducted by the organization
13		licensee. Beginning on August 26, 2012, the additional 0.25%
14		pari-mutuel tax imposed on advance deposit wagering shall be
15		deposited into the Standardbred Purse Fund, which shall be
16		created as a non-appropriated trust fund administered by the
17		Board, for grants to the standardbred organization licensees
18		for payment of purses for standardbred horse races conducted
19		by the organization licensee. Thoroughbred organization
20		licensees may petition the Board to conduct quarter horse
21		racing and receive purse grants from the Quarter Horse Purse
22		Fund. The Board shall have complete discretion in distributing
23		the Quarter Horse Purse Fund to the petitioning organization
24		licensees. Beginning on July 26, 2010 (the effective date of
25		Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of
26		the daily pari-mutuel handle is imposed at a pari-mutuel

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1		facility whose license is derived from a track located in a
2		county that borders the Mississippi River and conducted live
3		racing in the previous year. The pari-mutuel tax imposed by
4		this subsection (a-5) shall be remitted to the Department of
5		Revenue within 48 hours after the close of the racing day upon
6		which it is assessed or within such other time as the Board
7		prescribes.
8		(a-10) Beginning on the date when an organization licensee
9		begins conducting gaming pursuant to an organization gaming
10		license, the following pari-mutuel tax is imposed upon an
11		organization licensee on Illinois races at the licensee's
12		racetrack:
13		1.5% of the pari-mutuel handle at or below the average
14		daily pari-mutuel handle for 2011.
15		2% of the pari-mutuel handle above the average daily
16		pari-mutuel handle for 2011 up to 125% of the average
17		daily pari-mutuel handle for 2011.
18		2.5% of the pari-mutuel handle 125% or more above the
19		average daily pari-mutuel handle for 2011 up to 150% of
20		the average daily pari-mutuel handle for 2011.
21		3% of the pari-mutuel handle 150% or more above the
22		average daily pari-mutuel handle for 2011 up to 175% of
23		the average daily pari-mutuel handle for 2011.
24		3.5% of the pari-mutuel handle 175% or more above the
25		average daily pari-mutuel handle for 2011.
26		The pari-mutuel tax imposed by this subsection (a-10)

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1		shall be remitted to the Board within 48 hours after the close
2		of the racing day upon which it is assessed or within such
3		other time as the Board prescribes.
4		(b) On or before December 31, 1999, in the event that any
5		organization licensee conducts 2 separate programs of races on
6		any day, each such program shall be considered a separate
7		racing day for purposes of determining the daily handle and
8		computing the privilege tax on such daily handle as provided
9		in subsection (a) of this Section.
10		(c) Licensees shall at all times keep accurate books and
11		records of all monies wagered on each day of a race meeting and
12		of the taxes paid to the Department of Revenue under the
13		provisions of this Section. The Board or its duly authorized
14		representative or representatives shall at all reasonable
15		times have access to such records for the purpose of examining
16		and checking the same and ascertaining whether the proper
17		amount of taxes is being paid as provided. The Board shall
18		require verified reports and a statement of the total of all
19		monies wagered daily at each wagering facility upon which the
20		taxes are assessed and may prescribe forms upon which such
21		reports and statement shall be made.
22		(d) Before a license is issued or re-issued, the licensee
23		shall post a bond in the sum of $500,000 to the State of
24		Illinois. The bond shall be used to guarantee that the
25		licensee faithfully makes the payments, keeps the books and
26		records, and makes reports, and conducts games of chance in

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1		conformity with this Act and the rules adopted by the Board.
2		The bond shall not be canceled by a surety on less than 30
3		days' notice in writing to the Board. If a bond is canceled and
4		the licensee fails to file a new bond with the Board in the
5		required amount on or before the effective date of
6		cancellation, the licensee's license shall be revoked. The
7		total and aggregate liability of the surety on the bond is
8		limited to the amount specified in the bond.
9		(e) No other license fee, privilege tax, excise tax, or
10		racing fee, except as provided in this Act, shall be assessed
11		or collected from any such licensee by the State.
12		(f) No other license fee, privilege tax, excise tax or
13		racing fee shall be assessed or collected from any such
14		licensee by units of local government except as provided in
15		paragraph 10.1 of subsection (h) and subsection (f) of Section
16		26 of this Act. However, any municipality that has a Board
17		licensed horse race meeting at a race track wholly within its
18		corporate boundaries or a township that has a Board licensed
19		horse race meeting at a race track wholly within the
20		unincorporated area of the township may charge a local
21		amusement tax not to exceed 10¢ per admission to such horse
22		race meeting by the enactment of an ordinance. However, any
23		municipality or county that has a Board licensed inter-track
24		wagering location facility wholly within its corporate
25		boundaries may each impose an admission fee not to exceed
26		$1.00 per admission to such inter-track wagering location

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1		facility, so that a total of not more than $2.00 per admission
2		may be imposed. Except as provided in subparagraph (g) of
3		Section 27 of this Act, the inter-track wagering location
4		licensee shall collect any and all such fees. Inter-track
5		wagering location licensees must pay the admission fees
6		required under this subsection (f) to the municipality and
7		county no later than the 20th of the month following the month
8		such admission fees were imposed. as the Board prescribes
9		(g) Notwithstanding any provision in this Act to the
10		contrary, if in any calendar year the total taxes and fees from
11		wagering on live racing and from inter-track wagering required
12		to be collected from licensees and distributed under this Act
13		to all State and local governmental authorities exceeds the
14		amount of such taxes and fees distributed to each State and
15		local governmental authority to which each State and local
16		governmental authority was entitled under this Act for
17		calendar year 1994, then the first $11 million of that excess
18		amount shall be allocated at the earliest possible date for
19		distribution as purse money for the succeeding calendar year.
20		Upon reaching the 1994 level, and until the excess amount of
21		taxes and fees exceeds $11 million, the Board shall direct all
22		licensees to cease paying the subject taxes and fees and the
23		Board shall direct all licensees to allocate any such excess
24		amount for purses as follows:
25		(i) the excess amount shall be initially divided
26		between thoroughbred and standardbred purses based on the

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1		thoroughbred's and standardbred's respective percentages
2		of total Illinois live wagering in calendar year 1994;
3		(ii) each thoroughbred and standardbred organization
4		licensee issued an organization licensee in that
5		succeeding allocation year shall be allocated an amount
6		equal to the product of its percentage of total Illinois
7		live thoroughbred or standardbred wagering in calendar
8		year 1994 (the total to be determined based on the sum of
9		1994 on-track wagering for all organization licensees
10		issued organization licenses in both the allocation year
11		and the preceding year) multiplied by the total amount
12		allocated for standardbred or thoroughbred purses,
13		provided that the first $1,500,000 of the amount allocated
14		to standardbred purses under item (i) shall be allocated
15		to the Department of Agriculture to be expended with the
16		assistance and advice of the Illinois Standardbred
17		Breeders Funds Advisory Board for the purposes listed in
18		subsection (g) of Section 31 of this Act, before the
19		amount allocated to standardbred purses under item (i) is
20		allocated to standardbred organization licensees in the
21		succeeding allocation year.
22		To the extent the excess amount of taxes and fees to be
23		collected and distributed to State and local governmental
24		authorities exceeds $11 million, that excess amount shall be
25		collected and distributed to State and local authorities as
26		provided for under this Act.

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1		(Source: P.A. 100-627, eff. 7-20-18; 101-31, eff. 6-28-19;
2		101-52, eff. 7-12-19; revised 8-28-19.)
3		(230 ILCS 5/31) (from Ch. 8, par. 37-31)
4		Sec. 31. (a) The General Assembly declares that it is the
5		policy of this State to encourage the breeding of standardbred
6		horses in this State and the ownership of such horses by
7		residents of this State in order to provide for: sufficient
8		numbers of high quality standardbred horses to participate in
9		harness racing meetings in this State, and to establish and
10		preserve the agricultural and commercial benefits of such
11		breeding and racing industries to the State of Illinois. It is
12		the intent of the General Assembly to further this policy by
13		the provisions of this Section of this Act.
14		(b) Each organization licensee conducting a harness racing
15		meeting pursuant to this Act shall provide for at least two
16		races each race program limited to Illinois conceived and
17		foaled horses. A minimum of 6 races shall be conducted each
18		week limited to Illinois conceived and foaled horses. No
19		horses shall be permitted to start in such races unless duly
20		registered under the rules of the Department of Agriculture.
21		(b-5) Organization licensees, not including the Illinois
22		State Fair or the DuQuoin State Fair, shall provide stake
23		races and early closer races for Illinois conceived and foaled
24		horses so that purses distributed for such races shall be no
25		less than 17% of total purses distributed for harness racing

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1		in that calendar year in addition to any stakes payments and
2		starting fees contributed by horse owners.
3		(b-10) Each organization licensee conducting a harness
4		racing meeting pursuant to this Act shall provide an owner
5		award to be paid from the purse account equal to 12% of the
6		amount earned by Illinois conceived and foaled horses
7		finishing in the first 3 positions in races that are not
8		restricted to Illinois conceived and foaled horses. The owner
9		awards shall not be paid on races below the $10,000 claiming
10		class.
11		(c) Conditions of races under subsection (b) shall be
12		commensurate with past performance, quality and class of
13		Illinois conceived and foaled horses available. If, however,
14		sufficient competition cannot be had among horses of that
15		class on any day, the races may, with consent of the Board, be
16		eliminated for that day and substitute races provided.
17		(d) There is hereby created a special fund of the State
18		Treasury to be known as the Illinois Standardbred Breeders
19		Fund. Beginning on June 28, 2019 (the effective date of Public
20		Act 101-31) this amendatory Act of the 101st General Assembly,
21		the Illinois Standardbred Breeders Fund shall become a
22		non-appropriated trust fund held separate and apart from State
23		moneys. Expenditures from this Fund shall no longer be subject
24		to appropriation.
25		During the calendar year 1981, and each year thereafter,
26		except as provided in subsection (g) of Section 27 of this Act,

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1		eight and one-half per cent of all the monies received by the
2		State as privilege taxes on harness racing meetings shall be
3		paid into the Illinois Standardbred Breeders Fund.
4		(e) Notwithstanding any provision of law to the contrary,
5		amounts deposited into the Illinois Standardbred Breeders Fund
6		from revenues generated by gaming pursuant to an organization
7		gaming license issued under the Illinois Gambling Act after
8		June 28, 2019 (the effective date of Public Act 101-31) this
9		amendatory Act of the 101st General Assembly shall be in
10		addition to tax and fee amounts paid under this Section for
11		calendar year 2019 and thereafter. The Illinois Standardbred
12		Breeders Fund shall be administered by the Department of
13		Agriculture with the assistance and advice of the Advisory
14		Board created in subsection (f) of this Section.
15		(f) The Illinois Standardbred Breeders Fund Advisory Board
16		is hereby created. The Advisory Board shall consist of the
17		Director of the Department of Agriculture, who shall serve as
18		Chairman; the Superintendent of the Illinois State Fair; a
19		member of the Illinois Racing Board, designated by it; a
20		representative of the largest association of Illinois
21		standardbred owners and breeders, recommended by it; a
22		representative of a statewide association representing
23		agricultural fairs in Illinois, recommended by it, such
24		representative to be from a fair at which Illinois conceived
25		and foaled racing is conducted; a representative of the
26		organization licensees conducting harness racing meetings,

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1		recommended by them; a representative of the Breeder's
2		Committee of the association representing the largest number
3		of standardbred owners, breeders, trainers, caretakers, and
4		drivers, recommended by it; and a representative of the
5		association representing the largest number of standardbred
6		owners, breeders, trainers, caretakers, and drivers,
7		recommended by it. Advisory Board members shall serve for 2
8		years commencing January 1 of each odd numbered year. If
9		representatives of the largest association of Illinois
10		standardbred owners and breeders, a statewide association of
11		agricultural fairs in Illinois, the association representing
12		the largest number of standardbred owners, breeders, trainers,
13		caretakers, and drivers, a member of the Breeder's Committee
14		of the association representing the largest number of
15		standardbred owners, breeders, trainers, caretakers, and
16		drivers, and the organization licensees conducting harness
17		racing meetings have not been recommended by January 1 of each
18		odd numbered year, the Director of the Department of
19		Agriculture shall make an appointment for the organization
20		failing to so recommend a member of the Advisory Board.
21		Advisory Board members shall receive no compensation for their
22		services as members but shall be reimbursed for all actual and
23		necessary expenses and disbursements incurred in the execution
24		of their official duties.
25		(g) Monies expended from the Illinois Standardbred
26		Breeders Fund shall be expended by the Department of

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1		Agriculture, with the assistance and advice of the Illinois
2		Standardbred Breeders Fund Advisory Board for the following
3		purposes only:
4		1. To provide purses for races limited to Illinois
5		conceived and foaled horses at the State Fair and the
6		DuQuoin State Fair.
7		2. To provide purses for races limited to Illinois
8		conceived and foaled horses at county fairs.
9		3. To provide purse supplements for races limited to
10		Illinois conceived and foaled horses conducted by
11		associations conducting harness racing meetings.
12		4. No less than 75% of all monies in the Illinois
13		Standardbred Breeders Fund shall be expended for purses in
14		1, 2, and 3 as shown above.
15		5. In the discretion of the Department of Agriculture
16		to provide awards to harness breeders of Illinois
17		conceived and foaled horses which win races conducted by
18		organization licensees conducting harness racing meetings.
19		A breeder is the owner of a mare at the time of conception.
20		No more than 10% of all monies appropriated from the
21		Illinois Standardbred Breeders Fund shall be expended for
22		such harness breeders awards. No more than 25% of the
23		amount expended for harness breeders awards shall be
24		expended for expenses incurred in the administration of
25		such harness breeders awards.
26		6. To pay for the improvement of racing facilities

SB2435 Enrolled - 1313 - LRB102 04062 AMC 14078 b
1		located at the State Fair and County fairs.
2		7. To pay the expenses incurred in the administration
3		of the Illinois Standardbred Breeders Fund.
4		8. To promote the sport of harness racing, including
5		grants up to a maximum of $7,500 per fair per year for
6		conducting pari-mutuel wagering during the advertised
7		dates of a county fair.
8		9. To pay up to $50,000 annually for the Department of
9		Agriculture to conduct drug testing at county fairs racing
10		standardbred horses.
11		(h) The Illinois Standardbred Breeders Fund is not subject
12		to administrative charges or chargebacks, including, but not
13		limited to, those authorized under Section 8h of the State
14		Finance Act.
15		(i) A sum equal to 13% of the first prize money of the
16		gross purse won by an Illinois conceived and foaled horse
17		shall be paid 50% by the organization licensee conducting the
18		horse race meeting to the breeder of such winning horse from
19		the organization licensee's account and 50% from the purse
20		account of the licensee. Such payment shall not reduce any
21		award to the owner of the horse or reduce the taxes payable
22		under this Act. Such payment shall be delivered by the
23		organization licensee at the end of each quarter.
24		(j) The Department of Agriculture shall, by rule, with the
25		assistance and advice of the Illinois Standardbred Breeders
26		Fund Advisory Board:

SB2435 Enrolled - 1314 - LRB102 04062 AMC 14078 b
1		1. Qualify stallions for Illinois Standardbred
2		Breeders Fund breeding; such stallion shall be owned by a
3		resident of the State of Illinois or by an Illinois
4		corporation all of whose shareholders, directors, officers
5		and incorporators are residents of the State of Illinois.
6		Such stallion shall stand for service at and within the
7		State of Illinois at the time of a foal's conception, and
8		such stallion must not stand for service at any place, nor
9		may semen from such stallion be transported, outside the
10		State of Illinois during that calendar year in which the
11		foal is conceived and that the owner of the stallion was
12		for the 12 months prior, a resident of Illinois. However,
13		from January 1, 2018 until January 1, 2022, semen from an
14		Illinois stallion may be transported outside the State of
15		Illinois. The articles of agreement of any partnership,
16		joint venture, limited partnership, syndicate, association
17		or corporation and any bylaws and stock certificates must
18		contain a restriction that provides that the ownership or
19		transfer of interest by any one of the persons a party to
20		the agreement can only be made to a person who qualifies as
21		an Illinois resident.
22		2. Provide for the registration of Illinois conceived
23		and foaled horses and no such horse shall compete in the
24		races limited to Illinois conceived and foaled horses
25		unless registered with the Department of Agriculture. The
26		Department of Agriculture may prescribe such forms as may

SB2435 Enrolled - 1315 - LRB102 04062 AMC 14078 b
1		be necessary to determine the eligibility of such horses.
2		No person shall knowingly prepare or cause preparation of
3		an application for registration of such foals containing
4		false information. A mare (dam) must be in the State at
5		least 30 days prior to foaling or remain in the State at
6		least 30 days at the time of foaling. However, the
7		requirement that a mare (dam) must be in the State at least
8		30 days before foaling or remain in the State at least 30
9		days at the time of foaling shall not be in effect from
10		January 1, 2018 until January 1, 2022. Beginning with the
11		1996 breeding season and for foals of 1997 and thereafter,
12		a foal conceived by transported semen may be eligible for
13		Illinois conceived and foaled registration provided all
14		breeding and foaling requirements are met. The stallion
15		must be qualified for Illinois Standardbred Breeders Fund
16		breeding at the time of conception and the mare must be
17		inseminated within the State of Illinois. The foal must be
18		dropped in Illinois and properly registered with the
19		Department of Agriculture in accordance with this Act.
20		However, from January 1, 2018 until January 1, 2022, the
21		requirement for a mare to be inseminated within the State
22		of Illinois and the requirement for a foal to be dropped in
23		Illinois are inapplicable.
24		3. Provide that at least a 5-day racing program shall
25		be conducted at the State Fair each year, unless an
26		alternate racing program is requested by the Illinois

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1		Standardbred Breeders Fund Advisory Board, which program
2		shall include at least the following races limited to
3		Illinois conceived and foaled horses: (a) a 2-year-old two
4		year old Trot and Pace, and Filly Division of each; (b) a
5		3-year-old three year old Trot and Pace, and Filly
6		Division of each; (c) an aged Trot and Pace, and Mare
7		Division of each.
8		4. Provide for the payment of nominating, sustaining
9		and starting fees for races promoting the sport of harness
10		racing and for the races to be conducted at the State Fair
11		as provided in subsection (j) 3 of this Section provided
12		that the nominating, sustaining and starting payment
13		required from an entrant shall not exceed 2% of the purse
14		of such race. All nominating, sustaining and starting
15		payments shall be held for the benefit of entrants and
16		shall be paid out as part of the respective purses for such
17		races. Nominating, sustaining and starting fees shall be
18		held in trust accounts for the purposes as set forth in
19		this Act and in accordance with Section 205-15 of the
20		Department of Agriculture Law.
21		5. Provide for the registration with the Department of
22		Agriculture of Colt Associations or county fairs desiring
23		to sponsor races at county fairs.
24		6. Provide for the promotion of producing standardbred
25		racehorses by providing a bonus award program for owners
26		of 2-year-old horses that win multiple major stakes races

SB2435 Enrolled - 1317 - LRB102 04062 AMC 14078 b
1		that are limited to Illinois conceived and foaled horses.
2		(k) The Department of Agriculture, with the advice and
3		assistance of the Illinois Standardbred Breeders Fund Advisory
4		Board, may allocate monies for purse supplements for such
5		races. In determining whether to allocate money and the
6		amount, the Department of Agriculture shall consider factors,
7		including, but not limited to, the amount of money
8		appropriated for the Illinois Standardbred Breeders Fund
9		program, the number of races that may occur, and an
10		organization licensee's purse structure. The organization
11		licensee shall notify the Department of Agriculture of the
12		conditions and minimum purses for races limited to Illinois
13		conceived and foaled horses to be conducted by each
14		organization licensee conducting a harness racing meeting for
15		which purse supplements have been negotiated.
16		(l) All races held at county fairs and the State Fair which
17		receive funds from the Illinois Standardbred Breeders Fund
18		shall be conducted in accordance with the rules of the United
19		States Trotting Association unless otherwise modified by the
20		Department of Agriculture.
21		(m) At all standardbred race meetings held or conducted
22		under authority of a license granted by the Board, and at all
23		standardbred races held at county fairs which are approved by
24		the Department of Agriculture or at the Illinois or DuQuoin
25		State Fairs, no one shall jog, train, warm up or drive a
26		standardbred horse unless he or she is wearing a protective

SB2435 Enrolled - 1318 - LRB102 04062 AMC 14078 b
1		safety helmet, with the chin strap fastened and in place,
2		which meets the standards and requirements as set forth in the
3		1984 Standard for Protective Headgear for Use in Harness
4		Racing and Other Equestrian Sports published by the Snell
5		Memorial Foundation, or any standards and requirements for
6		headgear the Illinois Racing Board may approve. Any other
7		standards and requirements so approved by the Board shall
8		equal or exceed those published by the Snell Memorial
9		Foundation. Any equestrian helmet bearing the Snell label
10		shall be deemed to have met those standards and requirements.
11		(Source: P.A. 100-777, eff. 8-10-18; 101-31, eff. 6-28-19;
12		101-157, eff. 7-26-19; revised 9-27-19.)
13		Section 585. The Illinois Gambling Act is amended by
14		changing Section 7 as follows:
15		(230 ILCS 10/7) (from Ch. 120, par. 2407)
16		Sec. 7. Owners licenses.
17		(a) The Board shall issue owners licenses to persons or
18		entities that apply for such licenses upon payment to the
19		Board of the non-refundable license fee as provided in
20		subsection (e) or (e-5) and upon a determination by the Board
21		that the applicant is eligible for an owners license pursuant
22		to this Act and the rules of the Board. From December 15, 2008
23		(the effective date of Public Act 95-1008) this amendatory Act
24		of the 95th General Assembly until (i) 3 years after December

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1		15, 2008 (the effective date of Public Act 95-1008) this
2		amendatory Act of the 95th General Assembly, (ii) the date any
3		organization licensee begins to operate a slot machine or
4		video game of chance under the Illinois Horse Racing Act of
5		1975 or this Act, (iii) the date that payments begin under
6		subsection (c-5) of Section 13 of this Act, (iv) the wagering
7		tax imposed under Section 13 of this Act is increased by law to
8		reflect a tax rate that is at least as stringent or more
9		stringent than the tax rate contained in subsection (a-3) of
10		Section 13, or (v) when an owners licensee holding a license
11		issued pursuant to Section 7.1 of this Act begins conducting
12		gaming, whichever occurs first, as a condition of licensure
13		and as an alternative source of payment for those funds
14		payable under subsection (c-5) of Section 13 of this Act, any
15		owners licensee that holds or receives its owners license on
16		or after May 26, 2006 (the effective date of Public Act 94-804)
17		this amendatory Act of the 94th General Assembly, other than
18		an owners licensee operating a riverboat with adjusted gross
19		receipts in calendar year 2004 of less than $200,000,000, must
20		pay into the Horse Racing Equity Trust Fund, in addition to any
21		other payments required under this Act, an amount equal to 3%
22		of the adjusted gross receipts received by the owners
23		licensee. The payments required under this Section shall be
24		made by the owners licensee to the State Treasurer no later
25		than 3:00 o'clock p.m. of the day after the day when the
26		adjusted gross receipts were received by the owners licensee.

SB2435 Enrolled - 1320 - LRB102 04062 AMC 14078 b
1		A person or entity is ineligible to receive an owners license
2		if:
3		(1) the person has been convicted of a felony under
4		the laws of this State, any other state, or the United
5		States;
6		(2) the person has been convicted of any violation of
7		Article 28 of the Criminal Code of 1961 or the Criminal
8		Code of 2012, or substantially similar laws of any other
9		jurisdiction;
10		(3) the person has submitted an application for a
11		license under this Act which contains false information;
12		(4) the person is a member of the Board;
13		(5) a person defined in (1), (2), (3), or (4) is an
14		officer, director, or managerial employee of the entity;
15		(6) the entity employs a person defined in (1), (2),
16		(3), or (4) who participates in the management or
17		operation of gambling operations authorized under this
18		Act;
19		(7) (blank); or
20		(8) a license of the person or entity issued under
21		this Act, or a license to own or operate gambling
22		facilities in any other jurisdiction, has been revoked.
23		The Board is expressly prohibited from making changes to
24		the requirement that licensees make payment into the Horse
25		Racing Equity Trust Fund without the express authority of the
26		Illinois General Assembly and making any other rule to

SB2435 Enrolled - 1321 - LRB102 04062 AMC 14078 b
1		implement or interpret Public Act 95-1008 this amendatory Act
2		of the 95th General Assembly. For the purposes of this
3		paragraph, "rules" is given the meaning given to that term in
4		Section 1-70 of the Illinois Administrative Procedure Act.
5		(b) In determining whether to grant an owners license to
6		an applicant, the Board shall consider:
7		(1) the character, reputation, experience, and
8		financial integrity of the applicants and of any other or
9		separate person that either:
10		(A) controls, directly or indirectly, such
11		applicant; , or
12		(B) is controlled, directly or indirectly, by such
13		applicant or by a person which controls, directly or
14		indirectly, such applicant;
15		(2) the facilities or proposed facilities for the
16		conduct of gambling;
17		(3) the highest prospective total revenue to be
18		derived by the State from the conduct of gambling;
19		(4) the extent to which the ownership of the applicant
20		reflects the diversity of the State by including minority
21		persons, women, and persons with a disability and the good
22		faith affirmative action plan of each applicant to
23		recruit, train and upgrade minority persons, women, and
24		persons with a disability in all employment
25		classifications; the Board shall further consider granting
26		an owners license and giving preference to an applicant

SB2435 Enrolled - 1322 - LRB102 04062 AMC 14078 b
1		under this Section to applicants in which minority persons
2		and women hold ownership interest of at least 16% and 4%,
3		respectively; .
4		(4.5) the extent to which the ownership of the
5		applicant includes veterans of service in the armed forces
6		of the United States, and the good faith affirmative
7		action plan of each applicant to recruit, train, and
8		upgrade veterans of service in the armed forces of the
9		United States in all employment classifications;
10		(5) the financial ability of the applicant to purchase
11		and maintain adequate liability and casualty insurance;
12		(6) whether the applicant has adequate capitalization
13		to provide and maintain, for the duration of a license, a
14		riverboat or casino;
15		(7) the extent to which the applicant exceeds or meets
16		other standards for the issuance of an owners license
17		which the Board may adopt by rule;
18		(8) the amount of the applicant's license bid;
19		(9) the extent to which the applicant or the proposed
20		host municipality plans to enter into revenue sharing
21		agreements with communities other than the host
22		municipality; and
23		(10) the extent to which the ownership of an applicant
24		includes the most qualified number of minority persons,
25		women, and persons with a disability.
26		(c) Each owners license shall specify the place where the

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1		casino shall operate or the riverboat shall operate and dock.
2		(d) Each applicant shall submit with his or her
3		application, on forms provided by the Board, 2 sets of his or
4		her fingerprints.
5		(e) In addition to any licenses authorized under
6		subsection (e-5) of this Section, the Board may issue up to 10
7		licenses authorizing the holders of such licenses to own
8		riverboats. In the application for an owners license, the
9		applicant shall state the dock at which the riverboat is based
10		and the water on which the riverboat will be located. The Board
11		shall issue 5 licenses to become effective not earlier than
12		January 1, 1991. Three of such licenses shall authorize
13		riverboat gambling on the Mississippi River, or, with approval
14		by the municipality in which the riverboat was docked on
15		August 7, 2003 and with Board approval, be authorized to
16		relocate to a new location, in a municipality that (1) borders
17		on the Mississippi River or is within 5 miles of the city
18		limits of a municipality that borders on the Mississippi River
19		and (2) on August 7, 2003, had a riverboat conducting
20		riverboat gambling operations pursuant to a license issued
21		under this Act; one of which shall authorize riverboat
22		gambling from a home dock in the city of East St. Louis; and
23		one of which shall authorize riverboat gambling from a home
24		dock in the City of Alton. One other license shall authorize
25		riverboat gambling on the Illinois River in the City of East
26		Peoria or, with Board approval, shall authorize land-based

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1		gambling operations anywhere within the corporate limits of
2		the City of Peoria. The Board shall issue one additional
3		license to become effective not earlier than March 1, 1992,
4		which shall authorize riverboat gambling on the Des Plaines
5		River in Will County. The Board may issue 4 additional
6		licenses to become effective not earlier than March 1, 1992.
7		In determining the water upon which riverboats will operate,
8		the Board shall consider the economic benefit which riverboat
9		gambling confers on the State, and shall seek to assure that
10		all regions of the State share in the economic benefits of
11		riverboat gambling.
12		In granting all licenses, the Board may give favorable
13		consideration to economically depressed areas of the State, to
14		applicants presenting plans which provide for significant
15		economic development over a large geographic area, and to
16		applicants who currently operate non-gambling riverboats in
17		Illinois. The Board shall review all applications for owners
18		licenses, and shall inform each applicant of the Board's
19		decision. The Board may grant an owners license to an
20		applicant that has not submitted the highest license bid, but
21		if it does not select the highest bidder, the Board shall issue
22		a written decision explaining why another applicant was
23		selected and identifying the factors set forth in this Section
24		that favored the winning bidder. The fee for issuance or
25		renewal of a license pursuant to this subsection (e) shall be
26		$250,000.

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1		(e-5) In addition to licenses authorized under subsection
2		(e) of this Section:
3		(1) the Board may issue one owners license authorizing
4		the conduct of casino gambling in the City of Chicago;
5		(2) the Board may issue one owners license authorizing
6		the conduct of riverboat gambling in the City of Danville;
7		(3) the Board may issue one owners license authorizing
8		the conduct of riverboat gambling in the City of Waukegan;
9		(4) the Board may issue one owners license authorizing
10		the conduct of riverboat gambling in the City of Rockford;
11		(5) the Board may issue one owners license authorizing
12		the conduct of riverboat gambling in a municipality that
13		is wholly or partially located in one of the following
14		townships of Cook County: Bloom, Bremen, Calumet, Rich,
15		Thornton, or Worth Township; and
16		(6) the Board may issue one owners license authorizing
17		the conduct of riverboat gambling in the unincorporated
18		area of Williamson County adjacent to the Big Muddy River.
19		Except for the license authorized under paragraph (1),
20		each application for a license pursuant to this subsection
21		(e-5) shall be submitted to the Board no later than 120 days
22		after June 28, 2019 (the effective date of Public Act 101-31).
23		All applications for a license under this subsection (e-5)
24		shall include the nonrefundable application fee and the
25		nonrefundable background investigation fee as provided in
26		subsection (d) of Section 6 of this Act. In the event that an

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1		applicant submits an application for a license pursuant to
2		this subsection (e-5) prior to June 28, 2019 (the effective
3		date of Public Act 101-31), such applicant shall submit the
4		nonrefundable application fee and background investigation fee
5		as provided in subsection (d) of Section 6 of this Act no later
6		than 6 months after June 28, 2019 (the effective date of Public
7		Act 101-31).
8		The Board shall consider issuing a license pursuant to
9		paragraphs (1) through (6) of this subsection only after the
10		corporate authority of the municipality or the county board of
11		the county in which the riverboat or casino shall be located
12		has certified to the Board the following:
13		(i) that the applicant has negotiated with the
14		corporate authority or county board in good faith;
15		(ii) that the applicant and the corporate authority or
16		county board have mutually agreed on the permanent
17		location of the riverboat or casino;
18		(iii) that the applicant and the corporate authority
19		or county board have mutually agreed on the temporary
20		location of the riverboat or casino;
21		(iv) that the applicant and the corporate authority or
22		the county board have mutually agreed on the percentage of
23		revenues that will be shared with the municipality or
24		county, if any;
25		(v) that the applicant and the corporate authority or
26		county board have mutually agreed on any zoning,

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1		licensing, public health, or other issues that are within
2		the jurisdiction of the municipality or county;
3		(vi) that the corporate authority or county board has
4		passed a resolution or ordinance in support of the
5		riverboat or casino in the municipality or county;
6		(vii) the applicant for a license under paragraph (1)
7		has made a public presentation concerning its casino
8		proposal; and
9		(viii) the applicant for a license under paragraph (1)
10		has prepared a summary of its casino proposal and such
11		summary has been posted on a public website of the
12		municipality or the county.
13		At least 7 days before the corporate authority of a
14		municipality or county board of the county submits a
15		certification to the Board concerning items (i) through (viii)
16		of this subsection, it shall hold a public hearing to discuss
17		items (i) through (viii), as well as any other details
18		concerning the proposed riverboat or casino in the
19		municipality or county. The corporate authority or county
20		board must subsequently memorialize the details concerning the
21		proposed riverboat or casino in a resolution that must be
22		adopted by a majority of the corporate authority or county
23		board before any certification is sent to the Board. The Board
24		shall not alter, amend, change, or otherwise interfere with
25		any agreement between the applicant and the corporate
26		authority of the municipality or county board of the county

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1		regarding the location of any temporary or permanent facility.
2		In addition, within 10 days after June 28, 2019 (the
3		effective date of Public Act 101-31), the Board, with consent
4		and at the expense of the City of Chicago, shall select and
5		retain the services of a nationally recognized casino gaming
6		feasibility consultant. Within 45 days after June 28, 2019
7		(the effective date of Public Act 101-31), the consultant
8		shall prepare and deliver to the Board a study concerning the
9		feasibility of, and the ability to finance, a casino in the
10		City of Chicago. The feasibility study shall be delivered to
11		the Mayor of the City of Chicago, the Governor, the President
12		of the Senate, and the Speaker of the House of
13		Representatives. Ninety days after receipt of the feasibility
14		study, the Board shall make a determination, based on the
15		results of the feasibility study, whether to recommend to the
16		General Assembly that the terms of the license under paragraph
17		(1) of this subsection (e-5) should be modified. The Board may
18		begin accepting applications for the owners license under
19		paragraph (1) of this subsection (e-5) upon the determination
20		to issue such an owners license.
21		In addition, prior to the Board issuing the owners license
22		authorized under paragraph (4) of subsection (e-5), an impact
23		study shall be completed to determine what location in the
24		city will provide the greater impact to the region, including
25		the creation of jobs and the generation of tax revenue.
26		(e-10) The licenses authorized under subsection (e-5) of

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1		this Section shall be issued within 12 months after the date
2		the license application is submitted. If the Board does not
3		issue the licenses within that time period, then the Board
4		shall give a written explanation to the applicant as to why it
5		has not reached a determination and when it reasonably expects
6		to make a determination. The fee for the issuance or renewal of
7		a license issued pursuant to this subsection (e-10) shall be
8		$250,000. Additionally, a licensee located outside of Cook
9		County shall pay a minimum initial fee of $17,500 per gaming
10		position, and a licensee located in Cook County shall pay a
11		minimum initial fee of $30,000 per gaming position. The
12		initial fees payable under this subsection (e-10) shall be
13		deposited into the Rebuild Illinois Projects Fund. If at any
14		point after June 1, 2020 there are no pending applications for
15		a license under subsection (e-5) and not all licenses
16		authorized under subsection (e-5) have been issued, then the
17		Board shall reopen the license application process for those
18		licenses authorized under subsection (e-5) that have not been
19		issued. The Board shall follow the licensing process provided
20		in subsection (e-5) with all time frames tied to the last date
21		of a final order issued by the Board under subsection (e-5)
22		rather than the effective date of the amendatory Act.
23		(e-15) Each licensee of a license authorized under
24		subsection (e-5) of this Section shall make a reconciliation
25		payment 3 years after the date the licensee begins operating
26		in an amount equal to 75% of the adjusted gross receipts for

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1		the most lucrative 12-month period of operations, minus an
2		amount equal to the initial payment per gaming position paid
3		by the specific licensee. Each licensee shall pay a
4		$15,000,000 reconciliation fee upon issuance of an owners
5		license. If this calculation results in a negative amount,
6		then the licensee is not entitled to any reimbursement of fees
7		previously paid. This reconciliation payment may be made in
8		installments over a period of no more than 6 years.
9		All payments by licensees under this subsection (e-15)
10		shall be deposited into the Rebuild Illinois Projects Fund.
11		(e-20) In addition to any other revocation powers granted
12		to the Board under this Act, the Board may revoke the owners
13		license of a licensee which fails to begin conducting gambling
14		within 15 months of receipt of the Board's approval of the
15		application if the Board determines that license revocation is
16		in the best interests of the State.
17		(f) The first 10 owners licenses issued under this Act
18		shall permit the holder to own up to 2 riverboats and equipment
19		thereon for a period of 3 years after the effective date of the
20		license. Holders of the first 10 owners licenses must pay the
21		annual license fee for each of the 3 years during which they
22		are authorized to own riverboats.
23		(g) Upon the termination, expiration, or revocation of
24		each of the first 10 licenses, which shall be issued for a
25		3-year period, all licenses are renewable annually upon
26		payment of the fee and a determination by the Board that the

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1		licensee continues to meet all of the requirements of this Act
2		and the Board's rules. However, for licenses renewed on or
3		after May 1, 1998, renewal shall be for a period of 4 years,
4		unless the Board sets a shorter period.
5		(h) An owners license, except for an owners license issued
6		under subsection (e-5) of this Section, shall entitle the
7		licensee to own up to 2 riverboats.
8		An owners licensee of a casino or riverboat that is
9		located in the City of Chicago pursuant to paragraph (1) of
10		subsection (e-5) of this Section shall limit the number of
11		gaming positions to 4,000 for such owner. An owners licensee
12		authorized under subsection (e) or paragraph (2), (3), (4), or
13		(5) of subsection (e-5) of this Section shall limit the number
14		of gaming positions to 2,000 for any such owners license. An
15		owners licensee authorized under paragraph (6) of subsection
16		(e-5) of this Section shall limit the number of gaming
17		positions to 1,200 for such owner. The initial fee for each
18		gaming position obtained on or after June 28, 2019 (the
19		effective date of Public Act 101-31) shall be a minimum of
20		$17,500 for licensees not located in Cook County and a minimum
21		of $30,000 for licensees located in Cook County, in addition
22		to the reconciliation payment, as set forth in subsection
23		(e-15) of this Section. The fees under this subsection (h)
24		shall be deposited into the Rebuild Illinois Projects Fund.
25		The fees under this subsection (h) that are paid by an owners
26		licensee authorized under subsection (e) shall be paid by July

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1		1, 2021.
2		Each owners licensee under subsection (e) of this Section
3		shall reserve its gaming positions within 30 days after June
4		28, 2019 (the effective date of Public Act 101-31). The Board
5		may grant an extension to this 30-day period, provided that
6		the owners licensee submits a written request and explanation
7		as to why it is unable to reserve its positions within the
8		30-day period.
9		Each owners licensee under subsection (e-5) of this
10		Section shall reserve its gaming positions within 30 days
11		after issuance of its owners license. The Board may grant an
12		extension to this 30-day period, provided that the owners
13		licensee submits a written request and explanation as to why
14		it is unable to reserve its positions within the 30-day
15		period.
16		A licensee may operate both of its riverboats
17		concurrently, provided that the total number of gaming
18		positions on both riverboats does not exceed the limit
19		established pursuant to this subsection. Riverboats licensed
20		to operate on the Mississippi River and the Illinois River
21		south of Marshall County shall have an authorized capacity of
22		at least 500 persons. Any other riverboat licensed under this
23		Act shall have an authorized capacity of at least 400 persons.
24		(h-5) An owners licensee who conducted gambling operations
25		prior to January 1, 2012 and obtains positions pursuant to
26		Public Act 101-31 shall make a reconciliation payment 3 years

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1		after any additional gaming positions begin operating in an
2		amount equal to 75% of the owners licensee's average gross
3		receipts for the most lucrative 12-month period of operations
4		minus an amount equal to the initial fee that the owners
5		licensee paid per additional gaming position. For purposes of
6		this subsection (h-5), "average gross receipts" means (i) the
7		increase in adjusted gross receipts for the most lucrative
8		12-month period of operations over the adjusted gross receipts
9		for 2019, multiplied by (ii) the percentage derived by
10		dividing the number of additional gaming positions that an
11		owners licensee had obtained by the total number of gaming
12		positions operated by the owners licensee. If this calculation
13		results in a negative amount, then the owners licensee is not
14		entitled to any reimbursement of fees previously paid. This
15		reconciliation payment may be made in installments over a
16		period of no more than 6 years. These reconciliation payments
17		shall be deposited into the Rebuild Illinois Projects Fund.
18		(i) A licensed owner is authorized to apply to the Board
19		for and, if approved therefor, to receive all licenses from
20		the Board necessary for the operation of a riverboat or
21		casino, including a liquor license, a license to prepare and
22		serve food for human consumption, and other necessary
23		licenses. All use, occupation, and excise taxes which apply to
24		the sale of food and beverages in this State and all taxes
25		imposed on the sale or use of tangible personal property apply
26		to such sales aboard the riverboat or in the casino.

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1		(j) The Board may issue or re-issue a license authorizing
2		a riverboat to dock in a municipality or approve a relocation
3		under Section 11.2 only if, prior to the issuance or
4		re-issuance of the license or approval, the governing body of
5		the municipality in which the riverboat will dock has by a
6		majority vote approved the docking of riverboats in the
7		municipality. The Board may issue or re-issue a license
8		authorizing a riverboat to dock in areas of a county outside
9		any municipality or approve a relocation under Section 11.2
10		only if, prior to the issuance or re-issuance of the license or
11		approval, the governing body of the county has by a majority
12		vote approved of the docking of riverboats within such areas.
13		(k) An owners licensee may conduct land-based gambling
14		operations upon approval by the Board and payment of a fee of
15		$250,000, which shall be deposited into the State Gaming Fund.
16		(l) An owners licensee may conduct gaming at a temporary
17		facility pending the construction of a permanent facility or
18		the remodeling or relocation of an existing facility to
19		accommodate gaming participants for up to 24 months after the
20		temporary facility begins to conduct gaming. Upon request by
21		an owners licensee and upon a showing of good cause by the
22		owners licensee, the Board shall extend the period during
23		which the licensee may conduct gaming at a temporary facility
24		by up to 12 months. The Board shall make rules concerning the
25		conduct of gaming from temporary facilities.
26		(Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18;

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1		101-31, eff. 6-28-19; 101-648, eff. 6-30-20; revised 8-19-20.)
2		Section 590. The Raffles and Poker Runs Act is amended by
3		changing Sections 1, 2, 3, and 8.1 as follows:
4		(230 ILCS 15/1) (from Ch. 85, par. 2301)
5		Sec. 1. Definitions. For the purposes of this Act the
6		terms defined in this Section have the meanings given them.
7		"Key location" means:
8		(1) For a poker run, the location where the poker run
9		concludes and the prizes are awarded.
10		(2) For a raffle, the location where the winning
11		chances in the raffle are determined.
12		"Law enforcement agency" means an agency of this State or
13		a unit of local government in this State that is vested by law
14		or ordinance with the duty to maintain public order and to
15		enforce criminal laws or ordinances.
16		"Net proceeds" means the gross receipts from the conduct
17		of raffles, less reasonable sums expended for prizes, local
18		license fees and other operating expenses incurred as a result
19		of operating a raffle or poker run.
20		"Poker run" means a prize-awarding event organized by an
21		organization licensed under this Act in which participants
22		travel to multiple predetermined locations, including a key
23		location, to play a randomized game based on an element of
24		chance. "Poker run" includes dice runs, marble runs, or other

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1		events where the objective is to build the best hand or highest
2		score by obtaining an item or playing a randomized game at each
3		location.
4		"Raffle" means a form of lottery, as defined in subsection
5		(b) of Section 28-2 of the Criminal Code of 2012, conducted by
6		an organization licensed under this Act, in which:
7		(1) the player pays or agrees to pay something of
8		value for a chance, represented and differentiated by a
9		number or by a combination of numbers or by some other
10		medium, one or more of which chances is to be designated
11		the winning chance; and
12		(2) the winning chance is to be determined through a
13		drawing or by some other method based on an element of
14		chance by an act or set of acts on the part of persons
15		conducting or connected with the lottery, except that the
16		winning chance shall not be determined by the outcome of a
17		publicly exhibited sporting contest.
18		"Raffle" does not include any game designed to simulate:
19		(1) gambling games as defined in the Illinois Riverboat
20		Gambling Act, (2) any casino game approved for play by the
21		Illinois Gaming Board, (3) any games provided by a video
22		gaming terminal, as defined in the Video Gaming Act, or (4) a
23		savings promotion raffle authorized under Section 5g of the
24		Illinois Banking Act, Section 7008 of the Savings Bank Act,
25		Section 42.7 of the Illinois Credit Union Act, Section 5136B
26		of the National Bank Act, or Section 4 of the Home Owners' Loan

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1		Act.
2		(Source: P.A. 101-109, eff. 7-19-19; revised 12-9-19.)
3		(230 ILCS 15/2) (from Ch. 85, par. 2302)
4		Sec. 2. Licensing.
5		(a) The governing body of any county or municipality
6		within this State may establish a system for the licensing of
7		organizations to operate raffles. The governing bodies of a
8		county and one or more municipalities may, pursuant to a
9		written contract, jointly establish a system for the licensing
10		of organizations to operate raffles within any area of
11		contiguous territory not contained within the corporate limits
12		of a municipality which is not a party to such contract. The
13		governing bodies of two or more adjacent counties or two or
14		more adjacent municipalities located within a county may,
15		pursuant to a written contract, jointly establish a system for
16		the licensing of organizations to operate raffles within the
17		corporate limits of such counties or municipalities. The
18		licensing authority may establish special categories of
19		licenses and promulgate rules relating to the various
20		categories. The licensing system shall provide for limitations
21		upon (1) the aggregate retail value of all prizes or
22		merchandise awarded by a licensee in a single raffle, if any,
23		(2) the maximum retail value of each prize awarded by a
24		licensee in a single raffle, if any, (3) the maximum price
25		which may be charged for each raffle chance issued or sold, if

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1		any, and (4) the maximum number of days during which chances
2		may be issued or sold, if any. The licensing system may include
3		a fee for each license in an amount to be determined by the
4		local governing body. Licenses issued pursuant to this Act
5		shall be valid for one raffle or for a specified number of
6		raffles to be conducted during a specified period not to
7		exceed one year and may be suspended or revoked for any
8		violation of this Act. A local governing body shall act on a
9		license application within 30 days from the date of
10		application. A county or municipality may adopt rules or
11		ordinances for the operation of raffles that are consistent
12		with this Act. Raffles shall be licensed by the governing body
13		of the municipality with jurisdiction over the key location
14		or, if no municipality has jurisdiction over the key location,
15		then by the governing body of the county with jurisdiction
16		over the key location. A license shall authorize the holder of
17		such license to sell raffle chances throughout the State,
18		including beyond the borders of the licensing municipality or
19		county.
20		(a-5) The governing body of Cook County may and any other
21		county within this State shall establish a system for the
22		licensing of organizations to operate poker runs. The
23		governing bodies of 2 or more adjacent counties may, pursuant
24		to a written contract, jointly establish a system for the
25		licensing of organizations to operate poker runs within the
26		corporate limits of such counties. The licensing authority may

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1		establish special categories of licenses and adopt rules
2		relating to the various categories. The licensing system may
3		include a fee not to exceed $25 for each license. Licenses
4		issued pursuant to this Act shall be valid for one poker run or
5		for a specified number of poker runs to be conducted during a
6		specified period not to exceed one year and may be suspended or
7		revoked for any violation of this Act. A local governing body
8		shall act on a license application within 30 days after the
9		date of application.
10		(b) Raffle licenses shall be issued only to bona fide
11		religious, charitable, labor, business, fraternal,
12		educational, veterans', or other bona fide not-for-profit
13		organizations that operate without profit to their members and
14		which have been in existence continuously for a period of 5
15		years immediately before making application for a raffle
16		license and which have during that entire 5-year period been
17		engaged in carrying out their objects, or to a non-profit
18		fundraising organization that the licensing authority
19		determines is organized for the sole purpose of providing
20		financial assistance to an identified individual or group of
21		individuals suffering extreme financial hardship as the result
22		of an illness, disability, accident, or disaster, or to any
23		law enforcement agencies and associations that represent law
24		enforcement officials. Poker run licenses shall be issued only
25		to bona fide religious, charitable, labor, business,
26		fraternal, educational, veterans', or other bona fide

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1		not-for-profit organizations that operate without profit to
2		their members and which have been in existence continuously
3		for a period of 5 years immediately before making application
4		for a poker run license and which have during that entire
5		5-year period been engaged in carrying out their objects.
6		Licenses for poker runs shall be issued for the following
7		purposes: (i) providing financial assistance to an identified
8		individual or group of individuals suffering extreme financial
9		hardship as the result of an illness, disability, accident, or
10		disaster or (ii) to maintain the financial stability of the
11		organization. A licensing authority may waive the 5-year
12		requirement under this subsection (b) for a bona fide
13		religious, charitable, labor, business, fraternal,
14		educational, or veterans' organization that applies for a
15		license to conduct a raffle or a poker run if the organization
16		is a local organization that is affiliated with and chartered
17		by a national or State organization that meets the 5-year
18		requirement.
19		For purposes of this Act, the following definitions apply.
20		Non-profit: An organization or institution organized and
21		conducted on a not-for-profit basis with no personal profit
22		inuring to any one as a result of the operation. Charitable: An
23		organization or institution organized and operated to benefit
24		an indefinite number of the public. The service rendered to
25		those eligible for benefits must also confer some benefit on
26		the public. Educational: An organization or institution

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1		organized and operated to provide systematic instruction in
2		useful branches of learning by methods common to schools and
3		institutions of learning which compare favorably in their
4		scope and intensity with the course of study presented in
5		tax-supported schools. Religious: Any church, congregation,
6		society, or organization founded for the purpose of religious
7		worship. Fraternal: An organization of persons having a common
8		interest, the primary interest of which is to both promote the
9		welfare of its members and to provide assistance to the
10		general public in such a way as to lessen the burdens of
11		government by caring for those that otherwise would be cared
12		for by the government. Veterans: An organization or
13		association comprised of members of which substantially all
14		are individuals who are veterans or spouses, widows, or
15		widowers of veterans, the primary purpose of which is to
16		promote the welfare of its members and to provide assistance
17		to the general public in such a way as to confer a public
18		benefit. Labor: An organization composed of workers organized
19		with the objective of betterment of the conditions of those
20		engaged in such pursuit and the development of a higher degree
21		of efficiency in their respective occupations. Business: A
22		voluntary organization composed of individuals and businesses
23		who have joined together to advance the commercial, financial,
24		industrial and civic interests of a community.
25		(Source: P.A. 100-201, eff. 8-18-17; 101-109, eff. 7-19-19;
26		101-360, eff. 1-1-20; revised 9-9-19.)

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1		(230 ILCS 15/3) (from Ch. 85, par. 2303)
2		Sec. 3. License; application; issuance; restrictions;
3		persons ineligible. Licenses issued by the governing body of
4		any county or municipality are subject to the following
5		restrictions:
6		(1) No person, firm, or corporation shall conduct
7		raffles or chances or poker runs without having first
8		obtained a license therefor pursuant to this Act.
9		(2) The license and application for license must
10		specify the location or locations at which winning chances
11		in the raffle will be determined, the time period during
12		which raffle chances will be sold or issued or a poker run
13		will be conducted, the time or times of determination of
14		winning chances, and the location or locations at which
15		winning chances will be determined.
16		(3) The license application must contain a sworn
17		statement attesting to the not-for-profit character of the
18		prospective licensee organization, signed by the presiding
19		officer and the secretary of that organization.
20		(4) The application for license shall be prepared in
21		accordance with the ordinance of the local governmental
22		unit.
23		(5) A license authorizes the licensee to conduct
24		raffles or poker runs as defined in this Act.
25		The following are ineligible for any license under this

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1		Act:
2		(a) any person whose felony conviction will impair the
3		person's ability to engage in the licensed position;
4		(b) any person who is or has been a professional
5		gambler or professional gambling promoter;
6		(c) any person who is not of good moral character;
7		(d) any organization in which a person defined in item
8		(a), (b), or (c) has a proprietary, equitable, or credit
9		interest, or in which such a person is active or employed;
10		(e) any organization in which a person defined in item
11		(a), (b), or (c) is an officer, director, or employee,
12		whether compensated or not; and
13		(f) any organization in which a person defined in item
14		(a), (b), or (c) is to participate in the management or
15		operation of a raffle as defined in this Act.
16		(Source: P.A. 100-286, eff. 1-1-18; 101-109, eff. 7-19-19;
17		revised 9-20-19.)
18		(230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
19		Sec. 8.1. Political committees.
20		(a) For the purposes of this Section, the terms defined in
21		this subsection have the meanings given them.
22		"Net proceeds" means the gross receipts from the conduct
23		of raffles, less reasonable sums expended for prizes, license
24		fees, and other reasonable operating expenses incurred as a
25		result of operating a raffle.

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1		"Raffle" means a form of lottery, as defined in Section
2		28-2(b) of the Criminal Code of 2012, conducted by a political
3		committee licensed under this Section, in which:
4		(1) the player pays or agrees to pay something of
5		value for a chance, represented and differentiated by a
6		number or by a combination of numbers or by some other
7		medium, one or more of which chances are is to be
8		designated the winning chance; and
9		(2) the winning chance is to be determined through a
10		drawing or by some other method based on an element of
11		chance by an act or set of acts on the part of persons
12		conducting or connected with the lottery, except that the
13		winning chance shall not be determined by the outcome of a
14		publicly exhibited sporting contest.
15		"Unresolved claim" means a claim for a civil penalty under
16		Sections 9-3, 9-10, and 9-23 of the Election Code which has
17		been begun by the State Board of Elections, has been disputed
18		by the political committee under the applicable rules of the
19		State Board of Elections, and has not been finally decided
20		either by the State Board of Elections, or, where application
21		for review has been made to the courts of Illinois, remains
22		finally undecided by the courts.
23		"Owes" means that a political committee has been finally
24		determined under applicable rules of the State Board of
25		Elections to be liable for a civil penalty under Sections 9-3,
26		9-10, and 9-23 of the Election Code.

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1		(b) Licenses issued pursuant to this Section shall be
2		valid for one raffle or for a specified number of raffles to be
3		conducted during a specified period not to exceed one year and
4		may be suspended or revoked for any violation of this Section.
5		The State Board of Elections shall act on a license
6		application within 30 days from the date of application.
7		(c) Licenses issued by the State Board of Elections are
8		subject to the following restrictions:
9		(1) No political committee shall conduct raffles or
10		chances without having first obtained a license therefor
11		pursuant to this Section.
12		(2) The application for license shall be prepared in
13		accordance with regulations of the State Board of
14		Elections and must specify the area or areas within the
15		State in which raffle chances will be sold or issued, the
16		time period during which raffle chances will be sold or
17		issued, the time of determination of winning chances, and
18		the location or locations at which winning chances will be
19		determined.
20		(3) A license authorizes the licensee to conduct
21		raffles as defined in this Section.
22		The following are ineligible for any license under this
23		Section:
24		(i) any political committee which has an officer
25		who has been convicted of a felony;
26		(ii) any political committee which has an officer

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1		who is or has been a professional gambler or gambling
2		promoter;
3		(iii) any political committee which has an officer
4		who is not of good moral character;
5		(iv) any political committee which has an officer
6		who is also an officer of a firm or corporation in
7		which a person defined in item (i), (ii), or (iii) has
8		a proprietary, equitable, or credit interest, or in
9		which such a person is active or employed;
10		(v) any political committee in which a person
11		defined in item (i), (ii), or (iii) is an officer,
12		director, or employee, whether compensated or not;
13		(vi) any political committee in which a person
14		defined in item (i), (ii), or (iii) is to participate
15		in the management or operation of a raffle as defined
16		in this Section;
17		(vii) any committee which, at the time of its
18		application for a license to conduct a raffle, owes
19		the State Board of Elections any unpaid civil penalty
20		authorized by Sections 9-3, 9-10, and 9-23 of the
21		Election Code, or is the subject of an unresolved
22		claim for a civil penalty under Sections 9-3, 9-10,
23		and 9-23 of the Election Code;
24		(viii) any political committee which, at the time
25		of its application to conduct a raffle, has not
26		submitted any report or document required to be filed

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1		by Article 9 of the Election Code and such report or
2		document is more than 10 days overdue.
3		(d)(1) The conducting of raffles is subject to the
4		following restrictions:
5		(i) The entire net proceeds of any raffle must be
6		exclusively devoted to the lawful purposes of the
7		political committee permitted to conduct that game.
8		(ii) No person except a bona fide member of the
9		political committee may participate in the management or
10		operation of the raffle.
11		(iii) No person may receive any remuneration or profit
12		for participating in the management or operation of the
13		raffle.
14		(iv) Raffle chances may be sold or issued only within
15		the area specified on the license and winning chances may
16		be determined only at those locations specified on the
17		license.
18		(v) A person under the age of 18 years may participate
19		in the conducting of raffles or chances only with the
20		permission of a parent or guardian. A person under the age
21		of 18 years may be within the area where winning chances
22		are being determined only when accompanied by his or her
23		parent or guardian.
24		(2) If a lessor rents a premises where a winning chance or
25		chances on a raffle are determined, the lessor shall not be
26		criminally liable if the person who uses the premises for the

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1		determining of winning chances does not hold a license issued
2		under the provisions of this Section.
3		(e)(1) Each political committee licensed to conduct
4		raffles and chances shall keep records of its gross receipts,
5		expenses, and net proceeds for each single gathering or
6		occasion at which winning chances are determined. All
7		deductions from gross receipts for each single gathering or
8		occasion shall be documented with receipts or other records
9		indicating the amount, a description of the purchased item or
10		service or other reason for the deduction, and the recipient.
11		The distribution of net proceeds shall be itemized as to
12		payee, purpose, amount, and date of payment.
13		(2) Each political committee licensed to conduct raffles
14		shall report on the next report due to be filed under Article 9
15		of the Election Code its gross receipts, expenses, and net
16		proceeds from raffles, and the distribution of net proceeds
17		itemized as required in this subsection.
18		Such reports shall be included in the regular reports
19		required of political committees by Article 9 of the Election
20		Code.
21		(3) Records required by this subsection shall be preserved
22		for 3 years, and political committees shall make available
23		their records relating to the operation of raffles for public
24		inspection at reasonable times and places.
25		(f) Violation of any provision of this Section is a Class C
26		misdemeanor.

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1		(g) Nothing in this Section shall be construed to
2		authorize the conducting or operating of any gambling scheme,
3		enterprise, activity, or device other than raffles as provided
4		for herein.
5		(Source: P.A. 101-109, eff. 7-19-19; revised 9-20-19.)
6		Section 595. The Video Gaming Act is amended by changing
7		Section 58 as follows:
8		(230 ILCS 40/58)
9		Sec. 58. Location of terminals. Video gaming terminals in
10		a licensed establishment, licensed fraternal establishment, or
11		licensed veterans establishment must be located in an area
12		that is restricted to persons over 21 years of age and the
13		entrance to the area must be within the view of at least one
14		employee of the establishment who is over 21 years of age.
15		The placement of video gaming terminals in licensed
16		establishments, licensed truck stop establishments, licensed
17		large truck stop establishments, licensed fraternal
18		establishments, and licensed veterans establishments shall be
19		subject to the rules promulgated by the Board pursuant to the
20		Illinois Administrative Procedure Act.
21		(Source: P.A. 101-31, eff. 6-28-19; 101-318, eff. 8-9-19;
22		revised 9-20-19.)
23		Section 600. The Liquor Control Act of 1934 is amended by

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1		changing Sections 3-12, 5-3, 6-6, and 6-6.5 as follows:
2		(235 ILCS 5/3-12)
3		Sec. 3-12. Powers and duties of State Commission.
4		(a) The State Commission shall have the following powers,
5		functions, and duties:
6		(1) To receive applications and to issue licenses to
7		manufacturers, foreign importers, importing distributors,
8		distributors, non-resident dealers, on premise consumption
9		retailers, off premise sale retailers, special event
10		retailer licensees, special use permit licenses, auction
11		liquor licenses, brew pubs, caterer retailers,
12		non-beverage users, railroads, including owners and
13		lessees of sleeping, dining and cafe cars, airplanes,
14		boats, brokers, and wine maker's premises licensees in
15		accordance with the provisions of this Act, and to suspend
16		or revoke such licenses upon the State Commission's
17		determination, upon notice after hearing, that a licensee
18		has violated any provision of this Act or any rule or
19		regulation issued pursuant thereto and in effect for 30
20		days prior to such violation. Except in the case of an
21		action taken pursuant to a violation of Section 6-3, 6-5,
22		or 6-9, any action by the State Commission to suspend or
23		revoke a licensee's license may be limited to the license
24		for the specific premises where the violation occurred. An
25		action for a violation of this Act shall be commenced by

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1		the State Commission within 2 years after the date the
2		State Commission becomes aware of the violation.
3		In lieu of suspending or revoking a license, the
4		commission may impose a fine, upon the State Commission's
5		determination and notice after hearing, that a licensee
6		has violated any provision of this Act or any rule or
7		regulation issued pursuant thereto and in effect for 30
8		days prior to such violation.
9		For the purpose of this paragraph (1), when
10		determining multiple violations for the sale of alcohol to
11		a person under the age of 21, a second or subsequent
12		violation for the sale of alcohol to a person under the age
13		of 21 shall only be considered if it was committed within 5
14		years after the date when a prior violation for the sale of
15		alcohol to a person under the age of 21 was committed.
16		The fine imposed under this paragraph may not exceed
17		$500 for each violation. Each day that the activity, which
18		gave rise to the original fine, continues is a separate
19		violation. The maximum fine that may be levied against any
20		licensee, for the period of the license, shall not exceed
21		$20,000. The maximum penalty that may be imposed on a
22		licensee for selling a bottle of alcoholic liquor with a
23		foreign object in it or serving from a bottle of alcoholic
24		liquor with a foreign object in it shall be the
25		destruction of that bottle of alcoholic liquor for the
26		first 10 bottles so sold or served from by the licensee.

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1		For the eleventh bottle of alcoholic liquor and for each
2		third bottle thereafter sold or served from by the
3		licensee with a foreign object in it, the maximum penalty
4		that may be imposed on the licensee is the destruction of
5		the bottle of alcoholic liquor and a fine of up to $50.
6		Any notice issued by the State Commission to a
7		licensee for a violation of this Act or any notice with
8		respect to settlement or offer in compromise shall include
9		the field report, photographs, and any other supporting
10		documentation necessary to reasonably inform the licensee
11		of the nature and extent of the violation or the conduct
12		alleged to have occurred. The failure to include such
13		required documentation shall result in the dismissal of
14		the action.
15		(2) To adopt such rules and regulations consistent
16		with the provisions of this Act which shall be necessary
17		to carry on its functions and duties to the end that the
18		health, safety and welfare of the People of the State of
19		Illinois shall be protected and temperance in the
20		consumption of alcoholic liquors shall be fostered and
21		promoted and to distribute copies of such rules and
22		regulations to all licensees affected thereby.
23		(3) To call upon other administrative departments of
24		the State, county and municipal governments, county and
25		city police departments and upon prosecuting officers for
26		such information and assistance as it deems necessary in

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1		the performance of its duties.
2		(4) To recommend to local commissioners rules and
3		regulations, not inconsistent with the law, for the
4		distribution and sale of alcoholic liquors throughout the
5		State.
6		(5) To inspect, or cause to be inspected, any premises
7		in this State where alcoholic liquors are manufactured,
8		distributed, warehoused, or sold. Nothing in this Act
9		authorizes an agent of the State Commission to inspect
10		private areas within the premises without reasonable
11		suspicion or a warrant during an inspection. "Private
12		areas" include, but are not limited to, safes, personal
13		property, and closed desks.
14		(5.1) Upon receipt of a complaint or upon having
15		knowledge that any person is engaged in business as a
16		manufacturer, importing distributor, distributor, or
17		retailer without a license or valid license, to conduct an
18		investigation. If, after conducting an investigation, the
19		State Commission is satisfied that the alleged conduct
20		occurred or is occurring, it may issue a cease and desist
21		notice as provided in this Act, impose civil penalties as
22		provided in this Act, notify the local liquor authority,
23		or file a complaint with the State's Attorney's Office of
24		the county where the incident occurred or the Attorney
25		General.
26		(5.2) Upon receipt of a complaint or upon having

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1		knowledge that any person is shipping alcoholic liquor
2		into this State from a point outside of this State if the
3		shipment is in violation of this Act, to conduct an
4		investigation. If, after conducting an investigation, the
5		State Commission is satisfied that the alleged conduct
6		occurred or is occurring, it may issue a cease and desist
7		notice as provided in this Act, impose civil penalties as
8		provided in this Act, notify the foreign jurisdiction, or
9		file a complaint with the State's Attorney's Office of the
10		county where the incident occurred or the Attorney
11		General.
12		(5.3) To receive complaints from licensees, local
13		officials, law enforcement agencies, organizations, and
14		persons stating that any licensee has been or is violating
15		any provision of this Act or the rules and regulations
16		issued pursuant to this Act. Such complaints shall be in
17		writing, signed and sworn to by the person making the
18		complaint, and shall state with specificity the facts in
19		relation to the alleged violation. If the State Commission
20		has reasonable grounds to believe that the complaint
21		substantially alleges a violation of this Act or rules and
22		regulations adopted pursuant to this Act, it shall conduct
23		an investigation. If, after conducting an investigation,
24		the State Commission is satisfied that the alleged
25		violation did occur, it shall proceed with disciplinary
26		action against the licensee as provided in this Act.

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1		(5.4) To make arrests and issue notices of civil
2		violations where necessary for the enforcement of this
3		Act.
4		(5.5) To investigate any and all unlicensed activity.
5		(5.6) To impose civil penalties or fines to any person
6		who, without holding a valid license, engages in conduct
7		that requires a license pursuant to this Act, in an amount
8		not to exceed $20,000 for each offense as determined by
9		the State Commission. A civil penalty shall be assessed by
10		the State Commission after a hearing is held in accordance
11		with the provisions set forth in this Act regarding the
12		provision of a hearing for the revocation or suspension of
13		a license.
14		(6) To hear and determine appeals from orders of a
15		local commission in accordance with the provisions of this
16		Act, as hereinafter set forth. Hearings under this
17		subsection shall be held in Springfield or Chicago, at
18		whichever location is the more convenient for the majority
19		of persons who are parties to the hearing.
20		(7) The State Commission shall establish uniform
21		systems of accounts to be kept by all retail licensees
22		having more than 4 employees, and for this purpose the
23		State Commission may classify all retail licensees having
24		more than 4 employees and establish a uniform system of
25		accounts for each class and prescribe the manner in which
26		such accounts shall be kept. The State Commission may also

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1		prescribe the forms of accounts to be kept by all retail
2		licensees having more than 4 employees, including, but not
3		limited to, accounts of earnings and expenses and any
4		distribution, payment, or other distribution of earnings
5		or assets, and any other forms, records, and memoranda
6		which in the judgment of the commission may be necessary
7		or appropriate to carry out any of the provisions of this
8		Act, including, but not limited to, such forms, records,
9		and memoranda as will readily and accurately disclose at
10		all times the beneficial ownership of such retail licensed
11		business. The accounts, forms, records, and memoranda
12		shall be available at all reasonable times for inspection
13		by authorized representatives of the State Commission or
14		by any local liquor control commissioner or his or her
15		authorized representative. The commission, may, from time
16		to time, alter, amend, or repeal, in whole or in part, any
17		uniform system of accounts, or the form and manner of
18		keeping accounts.
19		(8) In the conduct of any hearing authorized to be
20		held by the State Commission, to appoint, at the
21		commission's discretion, hearing officers to conduct
22		hearings involving complex issues or issues that will
23		require a protracted period of time to resolve, to
24		examine, or cause to be examined, under oath, any
25		licensee, and to examine or cause to be examined the books
26		and records of such licensee; to hear testimony and take

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1		proof material for its information in the discharge of its
2		duties hereunder; to administer or cause to be
3		administered oaths; for any such purpose to issue subpoena
4		or subpoenas to require the attendance of witnesses and
5		the production of books, which shall be effective in any
6		part of this State, and to adopt rules to implement its
7		powers under this paragraph (8).
8		Any circuit court may, by order duly entered, require
9		the attendance of witnesses and the production of relevant
10		books subpoenaed by the State Commission and the court may
11		compel obedience to its order by proceedings for contempt.
12		(9) To investigate the administration of laws in
13		relation to alcoholic liquors in this and other states and
14		any foreign countries, and to recommend from time to time
15		to the Governor and through him or her to the legislature
16		of this State, such amendments to this Act, if any, as it
17		may think desirable and as will serve to further the
18		general broad purposes contained in Section 1-2 hereof.
19		(10) To adopt such rules and regulations consistent
20		with the provisions of this Act which shall be necessary
21		for the control, sale, or disposition of alcoholic liquor
22		damaged as a result of an accident, wreck, flood, fire, or
23		other similar occurrence.
24		(11) To develop industry educational programs related
25		to responsible serving and selling, particularly in the
26		areas of overserving consumers and illegal underage

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1		purchasing and consumption of alcoholic beverages.
2		(11.1) To license persons providing education and
3		training to alcohol beverage sellers and servers for
4		mandatory and non-mandatory training under the Beverage
5		Alcohol Sellers and Servers Education and Training
6		(BASSET) programs and to develop and administer a public
7		awareness program in Illinois to reduce or eliminate the
8		illegal purchase and consumption of alcoholic beverage
9		products by persons under the age of 21. Application for a
10		license shall be made on forms provided by the State
11		Commission.
12		(12) To develop and maintain a repository of license
13		and regulatory information.
14		(13) (Blank).
15		(14) On or before April 30, 2008 and every 2 years
16		thereafter, the State Commission shall present a written
17		report to the Governor and the General Assembly that shall
18		be based on a study of the impact of Public Act 95-634 on
19		the business of soliciting, selling, and shipping wine
20		from inside and outside of this State directly to
21		residents of this State. As part of its report, the State
22		Commission shall provide all of the following information:
23		(A) The amount of State excise and sales tax
24		revenues generated.
25		(B) The amount of licensing fees received.
26		(C) The number of cases of wine shipped from

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1		inside and outside of this State directly to residents
2		of this State.
3		(D) The number of alcohol compliance operations
4		conducted.
5		(E) The number of winery shipper's licenses
6		issued.
7		(F) The number of each of the following: reported
8		violations; cease and desist notices issued by the
9		Commission; notices of violations issued by the
10		Commission and to the Department of Revenue; and
11		notices and complaints of violations to law
12		enforcement officials, including, without limitation,
13		the Illinois Attorney General and the U.S. Department
14		of Treasury's Alcohol and Tobacco Tax and Trade
15		Bureau.
16		(15) As a means to reduce the underage consumption of
17		alcoholic liquors, the State Commission shall conduct
18		alcohol compliance operations to investigate whether
19		businesses that are soliciting, selling, and shipping wine
20		from inside or outside of this State directly to residents
21		of this State are licensed by this State or are selling or
22		attempting to sell wine to persons under 21 years of age in
23		violation of this Act.
24		(16) The State Commission shall, in addition to
25		notifying any appropriate law enforcement agency, submit
26		notices of complaints or violations of Sections 6-29 and

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1		6-29.1 by persons who do not hold a winery shipper's
2		license under this Act to the Illinois Attorney General
3		and to the U.S. Department of Treasury's Alcohol and
4		Tobacco Tax and Trade Bureau.
5		(17)(A) A person licensed to make wine under the laws
6		of another state who has a winery shipper's license under
7		this Act and annually produces less than 25,000 gallons of
8		wine or a person who has a first-class or second-class
9		wine manufacturer's license, a first-class or second-class
10		wine-maker's license, or a limited wine manufacturer's
11		license under this Act and annually produces less than
12		25,000 gallons of wine may make application to the
13		Commission for a self-distribution exemption to allow the
14		sale of not more than 5,000 gallons of the exemption
15		holder's wine to retail licensees per year.
16		(B) In the application, which shall be sworn under
17		penalty of perjury, such person shall state (1) the date
18		it was established; (2) its volume of production and sales
19		for each year since its establishment; (3) its efforts to
20		establish distributor relationships; (4) that a
21		self-distribution exemption is necessary to facilitate the
22		marketing of its wine; and (5) that it will comply with the
23		liquor and revenue laws of the United States, this State,
24		and any other state where it is licensed.
25		(C) The State Commission shall approve the application
26		for a self-distribution exemption if such person: (1) is

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1		in compliance with State revenue and liquor laws; (2) is
2		not a member of any affiliated group that produces more
3		than 25,000 gallons of wine per annum or produces any
4		other alcoholic liquor; (3) will not annually produce for
5		sale more than 25,000 gallons of wine; and (4) will not
6		annually sell more than 5,000 gallons of its wine to
7		retail licensees.
8		(D) A self-distribution exemption holder shall
9		annually certify to the State Commission its production of
10		wine in the previous 12 months and its anticipated
11		production and sales for the next 12 months. The State
12		Commission may fine, suspend, or revoke a
13		self-distribution exemption after a hearing if it finds
14		that the exemption holder has made a material
15		misrepresentation in its application, violated a revenue
16		or liquor law of Illinois, exceeded production of 25,000
17		gallons of wine in any calendar year, or become part of an
18		affiliated group producing more than 25,000 gallons of
19		wine or any other alcoholic liquor.
20		(E) Except in hearings for violations of this Act or
21		Public Act 95-634 or a bona fide investigation by duly
22		sworn law enforcement officials, the State Commission, or
23		its agents, the State Commission shall maintain the
24		production and sales information of a self-distribution
25		exemption holder as confidential and shall not release
26		such information to any person.

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1		(F) The State Commission shall issue regulations
2		governing self-distribution exemptions consistent with
3		this Section and this Act.
4		(G) Nothing in this paragraph (17) shall prohibit a
5		self-distribution exemption holder from entering into or
6		simultaneously having a distribution agreement with a
7		licensed Illinois distributor.
8		(H) It is the intent of this paragraph (17) to promote
9		and continue orderly markets. The General Assembly finds
10		that, in order to preserve Illinois' regulatory
11		distribution system, it is necessary to create an
12		exception for smaller makers of wine as their wines are
13		frequently adjusted in varietals, mixes, vintages, and
14		taste to find and create market niches sometimes too small
15		for distributor or importing distributor business
16		strategies. Limited self-distribution rights will afford
17		and allow smaller makers of wine access to the marketplace
18		in order to develop a customer base without impairing the
19		integrity of the 3-tier system.
20		(18)(A) A class 1 brewer licensee, who must also be
21		either a licensed brewer or licensed non-resident dealer
22		and annually manufacture less than 930,000 gallons of
23		beer, may make application to the State Commission for a
24		self-distribution exemption to allow the sale of not more
25		than 232,500 gallons of the exemption holder's beer per
26		year to retail licensees and to brewers, class 1 brewers,

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1		and class 2 brewers that, pursuant to subsection (e) of
2		Section 6-4 of this Act, sell beer, cider, or both beer and
3		cider to non-licensees at their breweries.
4		(B) In the application, which shall be sworn under
5		penalty of perjury, the class 1 brewer licensee shall
6		state (1) the date it was established; (2) its volume of
7		beer manufactured and sold for each year since its
8		establishment; (3) its efforts to establish distributor
9		relationships; (4) that a self-distribution exemption is
10		necessary to facilitate the marketing of its beer; and (5)
11		that it will comply with the alcoholic beverage and
12		revenue laws of the United States, this State, and any
13		other state where it is licensed.
14		(C) Any application submitted shall be posted on the
15		State Commission's website at least 45 days prior to
16		action by the State Commission. The State Commission shall
17		approve the application for a self-distribution exemption
18		if the class 1 brewer licensee: (1) is in compliance with
19		the State, revenue, and alcoholic beverage laws; (2) is
20		not a member of any affiliated group that manufactures
21		more than 930,000 gallons of beer per annum or produces
22		any other alcoholic beverages; (3) shall not annually
23		manufacture for sale more than 930,000 gallons of beer;
24		(4) shall not annually sell more than 232,500 gallons of
25		its beer to retail licensees or to brewers, class 1
26		brewers, and class 2 brewers that, pursuant to subsection

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1		(e) of Section 6-4 of this Act, sell beer, cider, or both
2		beer and cider to non-licensees at their breweries; and
3		(5) has relinquished any brew pub license held by the
4		licensee, including any ownership interest it held in the
5		licensed brew pub.
6		(D) A self-distribution exemption holder shall
7		annually certify to the State Commission its manufacture
8		of beer during the previous 12 months and its anticipated
9		manufacture and sales of beer for the next 12 months. The
10		State Commission may fine, suspend, or revoke a
11		self-distribution exemption after a hearing if it finds
12		that the exemption holder has made a material
13		misrepresentation in its application, violated a revenue
14		or alcoholic beverage law of Illinois, exceeded the
15		manufacture of 930,000 gallons of beer in any calendar
16		year or became part of an affiliated group manufacturing
17		more than 930,000 gallons of beer or any other alcoholic
18		beverage.
19		(E) The State Commission shall issue rules and
20		regulations governing self-distribution exemptions
21		consistent with this Act.
22		(F) Nothing in this paragraph (18) shall prohibit a
23		self-distribution exemption holder from entering into or
24		simultaneously having a distribution agreement with a
25		licensed Illinois importing distributor or a distributor.
26		If a self-distribution exemption holder enters into a

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1		distribution agreement and has assigned distribution
2		rights to an importing distributor or distributor, then
3		the self-distribution exemption holder's distribution
4		rights in the assigned territories shall cease in a
5		reasonable time not to exceed 60 days.
6		(G) It is the intent of this paragraph (18) to promote
7		and continue orderly markets. The General Assembly finds
8		that in order to preserve Illinois' regulatory
9		distribution system, it is necessary to create an
10		exception for smaller manufacturers in order to afford and
11		allow such smaller manufacturers of beer access to the
12		marketplace in order to develop a customer base without
13		impairing the integrity of the 3-tier system.
14		(19)(A) A class 1 craft distiller licensee or a
15		non-resident dealer who manufactures less than 50,000
16		gallons of distilled spirits per year may make application
17		to the State Commission for a self-distribution exemption
18		to allow the sale of not more than 5,000 gallons of the
19		exemption holder's spirits to retail licensees per year.
20		(B) In the application, which shall be sworn under
21		penalty of perjury, the class 1 craft distiller licensee
22		or non-resident dealer shall state (1) the date it was
23		established; (2) its volume of spirits manufactured and
24		sold for each year since its establishment; (3) its
25		efforts to establish distributor relationships; (4) that a
26		self-distribution exemption is necessary to facilitate the

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1		marketing of its spirits; and (5) that it will comply with
2		the alcoholic beverage and revenue laws of the United
3		States, this State, and any other state where it is
4		licensed.
5		(C) Any application submitted shall be posted on the
6		State Commission's website at least 45 days prior to
7		action by the State Commission. The State Commission shall
8		approve the application for a self-distribution exemption
9		if the applicant: (1) is in compliance with State revenue
10		and alcoholic beverage laws; (2) is not a member of any
11		affiliated group that produces more than 50,000 gallons of
12		spirits per annum or produces any other alcoholic liquor;
13		(3) does not annually manufacture for sale more than
14		50,000 gallons of spirits; and (4) does not annually sell
15		more than 5,000 gallons of its spirits to retail
16		licensees.
17		(D) A self-distribution exemption holder shall
18		annually certify to the State Commission its manufacture
19		of spirits during the previous 12 months and its
20		anticipated manufacture and sales of spirits for the next
21		12 months. The State Commission may fine, suspend, or
22		revoke a self-distribution exemption after a hearing if it
23		finds that the exemption holder has made a material
24		misrepresentation in its application, violated a revenue
25		or alcoholic beverage law of Illinois, exceeded the
26		manufacture of 50,000 gallons of spirits in any calendar

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1		year, or has become part of an affiliated group
2		manufacturing more than 50,000 gallons of spirits or any
3		other alcoholic beverage.
4		(E) The State Commission shall adopt rules governing
5		self-distribution exemptions consistent with this Act.
6		(F) Nothing in this paragraph (19) shall prohibit a
7		self-distribution exemption holder from entering into or
8		simultaneously having a distribution agreement with a
9		licensed Illinois importing distributor or a distributor.
10		(G) It is the intent of this paragraph (19) to promote
11		and continue orderly markets. The General Assembly finds
12		that in order to preserve Illinois' regulatory
13		distribution system, it is necessary to create an
14		exception for smaller manufacturers in order to afford and
15		allow such smaller manufacturers of spirits access to the
16		marketplace in order to develop a customer base without
17		impairing the integrity of the 3-tier system.
18		(b) On or before April 30, 1999, the Commission shall
19		present a written report to the Governor and the General
20		Assembly that shall be based on a study of the impact of Public
21		Act 90-739 on the business of soliciting, selling, and
22		shipping alcoholic liquor from outside of this State directly
23		to residents of this State.
24		As part of its report, the Commission shall provide the
25		following information:
26		(i) the amount of State excise and sales tax revenues

SB2435 Enrolled - 1368 - LRB102 04062 AMC 14078 b
1		generated as a result of Public Act 90-739;
2		(ii) the amount of licensing fees received as a result
3		of Public Act 90-739;
4		(iii) the number of reported violations, the number of
5		cease and desist notices issued by the Commission, the
6		number of notices of violations issued to the Department
7		of Revenue, and the number of notices and complaints of
8		violations to law enforcement officials.
9		(Source: P.A. 100-134, eff. 8-18-17; 100-201, eff. 8-18-17;
10		100-816, eff. 8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff.
11		8-23-18; 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; 101-482,
12		eff. 8-23-19; revised 9-20-19.)
13		(235 ILCS 5/5-3) (from Ch. 43, par. 118)
14		Sec. 5-3. License fees. Except as otherwise provided
15		herein, at the time application is made to the State
16		Commission for a license of any class, the applicant shall pay
17		to the State Commission the fee hereinafter provided for the
18		kind of license applied for.
19		The fee for licenses issued by the State Commission shall
20		be as follows:
21 Online Initial 22 renewal license 23 or 24 non-online 25 renewal

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1 For a manufacturer's license: 2 Class 1. Distiller ................. $4,000 $5,000 3 Class 2. Rectifier ................. 4,000 5,000 4 Class 3. Brewer .................... 1,200 1,500 5 Class 4. First-class Wine 6 Manufacturer ................... 750 900 7 Class 5. Second-class 8 Wine Manufacturer .............. 1,500 1,750 9 Class 6. First-class wine-maker .... 750 900 10 Class 7. Second-class wine-maker ... 1,500 1,750 11 Class 8. Limited Wine 12 Manufacturer.................... 250 350 13 Class 9. Craft Distiller............ $2,000 $2,500 14 Class 10. Class 1 Craft Distiller... 50 75 15 Class 11. Class 2 Craft Distiller... 75 100 16 Class 12. Class 1 Brewer............ 50 75 17 Class 13. Class 2 Brewer............ 75 100 18 For a Brew Pub License.............. 1,200 1,500 19 For a Distilling Pub License........ 1,200 1,500 20 For a caterer retailer's license.... 350 500 21 For a foreign importer's license ... 25 25 22 For an importing distributor's 23 license......................... 25 25 24 For a distributor's license 25 (11,250,000 gallons 26 or over)........................ 1,450 2,200

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1 For a distributor's license 2 (over 4,500,000 gallons, but 3 under 11,250,000 gallons)....... 950 1,450 4 For a distributor's license 5 (4,500,000 gallons or under).... 300 450 6 For a non-resident dealer's license 7 (500,000 gallons or over) ...... 1,200 1,500 8 For a non-resident dealer's license 9 (under 500,000 gallons) ........ 250 350 10 For a wine-maker's premises 11 license ........................ 250 500 12 For a winery shipper's license 13 (under 250,000 gallons)......... 200 350 14 For a winery shipper's license 15 (250,000 or over, but 16 under 500,000 gallons).......... 750 1,000 17 For a winery shipper's license 18 (500,000 gallons or over)....... 1,200 1,500 19 For a wine-maker's premises 20 license, second location ....... 500 1,000 21 For a wine-maker's premises 22 license, third location ........ 500 1,000 23 For a retailer's license ........... 600 750 24 For a special event retailer's 25 license, (not-for-profit) ...... 25 25 26 For a special use permit license,

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1 one day only ................... 100 150 2 2 days or more ................. 150 250 3 For a railroad license ............. 100 150 4 For a boat license ................. 500 1,000 5 For an airplane license, times the 6 licensee's maximum number of 7 aircraft in flight, serving 8 liquor over the State at any 9 given time, which either 10 originate, terminate, or make 11 an intermediate stop in 12 the State....................... 100 150 13 For a non-beverage user's license: 14 Class 1 ........................ 24 24 15 Class 2 ........................ 60 60 16 Class 3 ........................ 120 120 17 Class 4 ........................ 240 240 18 Class 5 ........................ 600 600 19 For a broker's license ............. 750 1,000 20 For an auction liquor license ...... 100 150 21 For a homebrewer special 22 event permit.................... 25 25 23 For a craft distiller 24 tasting permit.................. 25 25 25 For a BASSET trainer license........ 300 350 26 For a tasting representative

SB2435 Enrolled - 1372 - LRB102 04062 AMC 14078 b
1 license......................... 200 300 2 For a brewer warehouse permit....... 25 25 3 For a craft distiller 4 warehouse permit............... 25 25
5		Fees collected under this Section shall be paid into the
6		Dram Shop Fund. On and after July 1, 2003 and until June 30,
7		2016, of the funds received for a retailer's license, in
8		addition to the first $175, an additional $75 shall be paid
9		into the Dram Shop Fund, and $250 shall be paid into the
10		General Revenue Fund. On and after June 30, 2016, one-half of
11		the funds received for a retailer's license shall be paid into
12		the Dram Shop Fund and one-half of the funds received for a
13		retailer's license shall be paid into the General Revenue
14		Fund. Beginning June 30, 1990 and on June 30 of each subsequent
15		year through June 29, 2003, any balance over $5,000,000
16		remaining in the Dram Shop Fund shall be credited to State
17		liquor licensees and applied against their fees for State
18		liquor licenses for the following year. The amount credited to
19		each licensee shall be a proportion of the balance in the Dram
20		Fund that is the same as the proportion of the license fee paid
21		by the licensee under this Section for the period in which the
22		balance was accumulated to the aggregate fees paid by all
23		licensees during that period.
24		No fee shall be paid for licenses issued by the State
25		Commission to the following non-beverage users:
26		(a) Hospitals, sanitariums, or clinics when their use

SB2435 Enrolled - 1373 - LRB102 04062 AMC 14078 b
1		of alcoholic liquor is exclusively medicinal, mechanical
2		or scientific.
3		(b) Universities, colleges of learning or schools when
4		their use of alcoholic liquor is exclusively medicinal,
5		mechanical or scientific.
6		(c) Laboratories when their use is exclusively for the
7		purpose of scientific research.
8		(Source: P.A. 100-201, eff. 8-18-17; 100-816, eff. 8-13-18;
9		101-482, eff. 8-23-19; 101-615, eff. 12-20-19; revised
10		8-19-20.)
11		(235 ILCS 5/6-6) (from Ch. 43, par. 123)
12		Sec. 6-6. Except as otherwise provided in this Act no
13		manufacturer or distributor or importing distributor shall,
14		directly or indirectly, sell, supply, furnish, give or pay
15		for, or loan or lease, any furnishing, fixture or equipment on
16		the premises of a place of business of another licensee
17		authorized under this Act to sell alcoholic liquor at retail,
18		either for consumption on or off the premises, nor shall he or
19		she, directly or indirectly, pay for any such license, or
20		advance, furnish, lend or give money for payment of such
21		license, or purchase or become the owner of any note,
22		mortgage, or other evidence of indebtedness of such licensee
23		or any form of security therefor, nor shall such manufacturer,
24		or distributor, or importing distributor, directly or
25		indirectly, be interested in the ownership, conduct or

SB2435 Enrolled - 1374 - LRB102 04062 AMC 14078 b
1		operation of the business of any licensee authorized to sell
2		alcoholic liquor at retail, nor shall any manufacturer, or
3		distributor, or importing distributor be interested directly
4		or indirectly or as owner or part owner of said premises or as
5		lessee or lessor thereof, in any premises upon which alcoholic
6		liquor is sold at retail.
7		No manufacturer or distributor or importing distributor
8		shall, directly or indirectly or through a subsidiary or
9		affiliate, or by any officer, director or firm of such
10		manufacturer, distributor or importing distributor, furnish,
11		give, lend or rent, install, repair or maintain, to or for any
12		retail licensee in this State, any signs or inside advertising
13		materials except as provided in this Section and Section 6-5.
14		With respect to retail licensees, other than any government
15		owned or operated auditorium, exhibition hall, recreation
16		facility or other similar facility holding a retailer's
17		license as described in Section 6-5, a manufacturer,
18		distributor, or importing distributor may furnish, give, lend
19		or rent and erect, install, repair and maintain to or for any
20		retail licensee, for use at any one time in or about or in
21		connection with a retail establishment on which the products
22		of the manufacturer, distributor or importing distributor are
23		sold, the following signs and inside advertising materials as
24		authorized in subparts (i), (ii), (iii), and (iv):
25		(i) Permanent outside signs shall cost not more than
26		$3,000 per brand, exclusive of erection, installation,

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1		repair and maintenance costs, and permit fees and shall
2		bear only the manufacturer's name, brand name, trade name,
3		slogans, markings, trademark, or other symbols commonly
4		associated with and generally used in identifying the
5		product including, but not limited to, "cold beer", "on
6		tap", "carry out", and "packaged liquor".
7		(ii) Temporary outside signs shall include, but not be
8		limited to, banners, flags, pennants, streamers, and other
9		items of a temporary and non-permanent nature, and shall
10		cost not more than $1,000 per manufacturer. Each temporary
11		outside sign must include the manufacturer's name, brand
12		name, trade name, slogans, markings, trademark, or other
13		symbol commonly associated with and generally used in
14		identifying the product. Temporary outside signs may also
15		include, for example, the product, price, packaging, date
16		or dates of a promotion and an announcement of a retail
17		licensee's specific sponsored event, if the temporary
18		outside sign is intended to promote a product, and
19		provided that the announcement of the retail licensee's
20		event and the product promotion are held simultaneously.
21		However, temporary outside signs may not include names,
22		slogans, markings, or logos that relate to the retailer.
23		Nothing in this subpart (ii) shall prohibit a distributor
24		or importing distributor from bearing the cost of creating
25		or printing a temporary outside sign for the retail
26		licensee's specific sponsored event or from bearing the

SB2435 Enrolled - 1376 - LRB102 04062 AMC 14078 b
1		cost of creating or printing a temporary sign for a retail
2		licensee containing, for example, community goodwill
3		expressions, regional sporting event announcements, or
4		seasonal messages, provided that the primary purpose of
5		the temporary outside sign is to highlight, promote, or
6		advertise the product. In addition, temporary outside
7		signs provided by the manufacturer to the distributor or
8		importing distributor may also include, for example,
9		subject to the limitations of this Section, preprinted
10		community goodwill expressions, sporting event
11		announcements, seasonal messages, and manufacturer
12		promotional announcements. However, a distributor or
13		importing distributor shall not bear the cost of such
14		manufacturer preprinted signs.
15		(iii) Permanent inside signs, whether visible from the
16		outside or the inside of the premises, include, but are
17		not limited to: alcohol lists and menus that may include
18		names, slogans, markings, or logos that relate to the
19		retailer; neons; illuminated signs; clocks; table lamps;
20		mirrors; tap handles; decalcomanias; window painting; and
21		window trim. All neons, illuminated signs, clocks, table
22		lamps, mirrors, and tap handles are the property of the
23		manufacturer and shall be returned to the manufacturer or
24		its agent upon request. All permanent inside signs in
25		place and in use at any one time shall cost in the
26		aggregate not more than $6,000 per manufacturer. A

SB2435 Enrolled - 1377 - LRB102 04062 AMC 14078 b
1		permanent inside sign must include the manufacturer's
2		name, brand name, trade name, slogans, markings,
3		trademark, or other symbol commonly associated with and
4		generally used in identifying the product. However,
5		permanent inside signs may not include names, slogans,
6		markings, or logos that relate to the retailer. For the
7		purpose of this subpart (iii), all permanent inside signs
8		may be displayed in an adjacent courtyard or patio
9		commonly referred to as a "beer garden" that is a part of
10		the retailer's licensed premises.
11		(iv) Temporary inside signs shall include, but are not
12		limited to, lighted chalk boards, acrylic table tent
13		beverage or hors d'oeuvre list holders, banners, flags,
14		pennants, streamers, and inside advertising materials such
15		as posters, placards, bowling sheets, table tents, inserts
16		for acrylic table tent beverage or hors d'oeuvre list
17		holders, sports schedules, or similar printed or
18		illustrated materials and product displays, such as
19		display racks, bins, barrels, or similar items, the
20		primary function of which is to temporarily hold and
21		display alcoholic beverages; however, such items, for
22		example, as coasters, trays, napkins, glassware, growlers,
23		crowlers, and cups shall not be deemed to be inside signs
24		or advertising materials and may only be sold to retailers
25		at fair market value, which shall be no less than the cost
26		of the item to the manufacturer, distributor, or importing

SB2435 Enrolled - 1378 - LRB102 04062 AMC 14078 b
1		distributor. All temporary inside signs and inside
2		advertising materials in place and in use at any one time
3		shall cost in the aggregate not more than $1,000 per
4		manufacturer. Nothing in this subpart (iv) prohibits a
5		distributor or importing distributor from paying the cost
6		of printing or creating any temporary inside banner or
7		inserts for acrylic table tent beverage or hors d'oeuvre
8		list holders for a retail licensee, provided that the
9		primary purpose for the banner or insert is to highlight,
10		promote, or advertise the product. For the purpose of this
11		subpart (iv), all temporary inside signs and inside
12		advertising materials may be displayed in an adjacent
13		courtyard or patio commonly referred to as a "beer garden"
14		that is a part of the retailer's licensed premises.
15		The restrictions contained in this Section 6-6 do not
16		apply to signs, or promotional or advertising materials
17		furnished by manufacturers, distributors or importing
18		distributors to a government owned or operated facility
19		holding a retailer's license as described in Section 6-5.
20		No distributor or importing distributor shall directly or
21		indirectly or through a subsidiary or affiliate, or by any
22		officer, director or firm of such manufacturer, distributor or
23		importing distributor, furnish, give, lend or rent, install,
24		repair or maintain, to or for any retail licensee in this
25		State, any signs or inside advertising materials described in
26		subparts (i), (ii), (iii), or (iv) of this Section except as

SB2435 Enrolled - 1379 - LRB102 04062 AMC 14078 b
1		the agent for or on behalf of a manufacturer, provided that the
2		total cost of any signs and inside advertising materials
3		including but not limited to labor, erection, installation and
4		permit fees shall be paid by the manufacturer whose product or
5		products said signs and inside advertising materials advertise
6		and except as follows:
7		A distributor or importing distributor may purchase from
8		or enter into a written agreement with a manufacturer or a
9		manufacturer's designated supplier and such manufacturer or
10		the manufacturer's designated supplier may sell or enter into
11		an agreement to sell to a distributor or importing distributor
12		permitted signs and advertising materials described in
13		subparts (ii), (iii), or (iv) of this Section for the purpose
14		of furnishing, giving, lending, renting, installing,
15		repairing, or maintaining such signs or advertising materials
16		to or for any retail licensee in this State. Any purchase by a
17		distributor or importing distributor from a manufacturer or a
18		manufacturer's designated supplier shall be voluntary and the
19		manufacturer may not require the distributor or the importing
20		distributor to purchase signs or advertising materials from
21		the manufacturer or the manufacturer's designated supplier.
22		A distributor or importing distributor shall be deemed the
23		owner of such signs or advertising materials purchased from a
24		manufacturer or a manufacturer's designated supplier.
25		The provisions of Public Act 90-373 concerning signs or
26		advertising materials delivered by a manufacturer to a

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1		distributor or importing distributor shall apply only to signs
2		or advertising materials delivered on or after August 14,
3		1997.
4		A manufacturer, distributor, or importing distributor may
5		furnish free social media advertising to a retail licensee if
6		the social media advertisement does not contain the retail
7		price of any alcoholic liquor and the social media
8		advertisement complies with any applicable rules or
9		regulations issued by the Alcohol and Tobacco Tax and Trade
10		Bureau of the United States Department of the Treasury. A
11		manufacturer, distributor, or importing distributor may list
12		the names of one or more unaffiliated retailers in the
13		advertisement of alcoholic liquor through social media.
14		Nothing in this Section shall prohibit a retailer from
15		communicating with a manufacturer, distributor, or importing
16		distributor on social media or sharing media on the social
17		media of a manufacturer, distributor, or importing
18		distributor. A retailer may request free social media
19		advertising from a manufacturer, distributor, or importing
20		distributor. Nothing in this Section shall prohibit a
21		manufacturer, distributor, or importing distributor from
22		sharing, reposting, or otherwise forwarding a social media
23		post by a retail licensee, so long as the sharing, reposting,
24		or forwarding of the social media post does not contain the
25		retail price of any alcoholic liquor. No manufacturer,
26		distributor, or importing distributor shall pay or reimburse a

SB2435 Enrolled - 1381 - LRB102 04062 AMC 14078 b
1		retailer, directly or indirectly, for any social media
2		advertising services, except as specifically permitted in this
3		Act. No retailer shall accept any payment or reimbursement,
4		directly or indirectly, for any social media advertising
5		services offered by a manufacturer, distributor, or importing
6		distributor, except as specifically permitted in this Act. For
7		the purposes of this Section, "social media" means a service,
8		platform, or site where users communicate with one another and
9		share media, such as pictures, videos, music, and blogs, with
10		other users free of charge.
11		No person engaged in the business of manufacturing,
12		importing or distributing alcoholic liquors shall, directly or
13		indirectly, pay for, or advance, furnish, or lend money for
14		the payment of any license for another. Any licensee who shall
15		permit or assent, or be a party in any way to any violation or
16		infringement of the provisions of this Section shall be deemed
17		guilty of a violation of this Act, and any money loaned
18		contrary to a provision of this Act shall not be recovered
19		back, or any note, mortgage or other evidence of indebtedness,
20		or security, or any lease or contract obtained or made
21		contrary to this Act shall be unenforceable and void.
22		This Section shall not apply to airplane licensees
23		exercising powers provided in paragraph (i) of Section 5-1 of
24		this Act.
25		(Source: P.A. 100-885, eff. 8-14-18; 101-16, eff. 6-14-19;
26		101-517, eff. 8-23-19; revised 9-18-19.)

SB2435 Enrolled - 1382 - LRB102 04062 AMC 14078 b
1		(235 ILCS 5/6-6.5)
2		Sec. 6-6.5. Sanitation and use of growlers and crowlers.
3		(a) A manufacturer, distributor, or importing distributor
4		may not provide for free, but may sell coil cleaning services
5		and installation services, including labor costs, to a retail
6		licensee at fair market cost.
7		A manufacturer, distributor, or importing distributor may
8		not provide for free, but may sell dispensing accessories to
9		retail licensees at a price not less than the cost to the
10		manufacturer, distributor, or importing distributor who
11		initially purchased them. Dispensing accessories include, but
12		are not limited to, items such as standards, faucets, cold
13		plates, rods, vents, taps, tap standards, hoses, washers,
14		couplings, gas gauges, vent tongues, shanks, glycol draught
15		systems, pumps, and check valves. A manufacturer, distributor,
16		or importing distributor may service, balance, or inspect
17		draft beer, wine, or distilled spirits systems at regular
18		intervals and may provide labor to replace or install
19		dispensing accessories.
20		Coil cleaning supplies consisting of detergents, cleaning
21		chemicals, brushes, or similar type cleaning devices may be
22		sold at a price not less than the cost to the manufacturer,
23		distributor, or importing distributor.
24		(a-5) A manufacturer of beer licensed under subsection (e)
25		of Section 6-4 or a brew pub may transfer any beer manufactured

SB2435 Enrolled - 1383 - LRB102 04062 AMC 14078 b
1		or sold on its licensed premises to a growler or crowler and
2		sell those growlers or crowlers to non-licensees for
3		consumption off the premises. A manufacturer of beer under
4		subsection (e) of Section 6-4 or a brew pub is not subject to
5		subsection (b) of this Section.
6		(b) An on-premises retail licensee may transfer beer to a
7		growler or crowler, which is not an original manufacturer
8		container, but is a reusable rigid container that holds up to
9		128 fluid ounces of beer and is designed to be sealed on
10		premises by the licensee for off-premises consumption, if the
11		following requirements are met:
12		(1) the beer is transferred within the licensed
13		premises by an employee of the licensed premises at the
14		time of sale;
15		(2) the person transferring the alcohol to be sold to
16		the end consumer is 21 years of age or older;
17		(3) the growler or crowler holds no more than 128
18		fluid ounces;
19		(4) the growler or crowler bears a twist-type closure,
20		cork, stopper, or plug and includes a one-time use
21		tamper-proof seal;
22		(5) the growler or crowler is affixed with a label or
23		tag that contains the following information:
24		(A) the brand name of the product dispensed;
25		(B) the name of the brewer or bottler;
26		(C) the type of product, such as beer, ale, lager,

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1		bock, stout, or other brewed or fermented beverage;
2		(D) the net contents;
3		(E) the name and address of the business that
4		cleaned, sanitized, labeled, and filled or refilled
5		the growler or crowler; and
6		(F) the date the growler or crowler was filled or
7		refilled;
8		(5.5) the growler or crowler has been purged with CO2
9		prior to sealing the container;
10		(6) the on-premises retail licensee complies with the
11		sanitation requirements under subsections (a) through (c)
12		of 11 Ill. Adm. Code 100.160 when sanitizing the
13		dispensing equipment used to draw beer to fill the growler
14		or crowler or refill the growler;
15		(7) before filling the growler or crowler or refilling
16		the growler, the on-premises retail licensee or licensee's
17		employee shall clean and sanitize the growler or crowler
18		in one of the following manners:
19		(A) By manual washing in a 3-compartment sink.
20		(i) Before sanitizing the growler or crowler,
21		the sinks and work area shall be cleaned to remove
22		any chemicals, oils, or grease from other cleaning
23		activities.
24		(ii) Any residual liquid from the growler
25		shall be emptied into a drain. A growler shall not
26		be emptied into the cleaning water.

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1		(iii) The growler and cap shall be cleaned in
2		water and detergent. The water temperature shall
3		be, at a minimum, 110 degrees Fahrenheit or the
4		temperature specified on the cleaning agent
5		manufacturer's label instructions. The detergent
6		shall not be fat-based or oil-based.
7		(iv) Any residues on the interior and exterior
8		of the growler shall be removed.
9		(v) The growler and cap shall be rinsed with
10		water in the middle compartment. Rinsing may be
11		from the spigot with a spray arm, from a spigot, or
12		from a tub as long as the water for rinsing is not
13		stagnant but is continually refreshed.
14		(vi) The growler shall be sanitized in the
15		third compartment. Chemical sanitizer shall be
16		used in accordance with the United States
17		Environmental Protection Agency-registered label
18		use instructions and shall meet the minimum water
19		temperature requirements of that chemical.
20		(vii) A test kit or other device that
21		accurately measures the concentration in
22		milligrams per liter of chemical sanitizing
23		solutions shall be provided and be readily
24		accessible for use.
25		(B) By using a mechanical washing and sanitizing
26		machine.

SB2435 Enrolled - 1386 - LRB102 04062 AMC 14078 b
1		(i) Mechanical washing and sanitizing machines
2		shall be provided with an easily accessible and
3		readable data plate affixed to the machine by the
4		manufacturer and shall be used according to the
5		machine's design and operation specifications.
6		(ii) Mechanical washing and sanitizing
7		machines shall be equipped with chemical or hot
8		water sanitization.
9		(iii) The concentration of the sanitizing
10		solution or the water temperature shall be
11		accurately determined by using a test kit or other
12		device.
13		(iv) The machine shall be regularly serviced
14		based upon the manufacturer's or installer's
15		guidelines.
16		(C) By transferring beer to a growler or crowler
17		with a tube.
18		(i) Beer may be transferred to a growler or
19		crowler from the bottom of the growler or crowler
20		to the top with a tube that is attached to the tap
21		and extends to the bottom of the growler or
22		crowler or with a commercial filling machine.
23		(ii) Food grade sanitizer shall be used in
24		accordance with the United States Environmental
25		Protection Agency-registered label use
26		instructions.

SB2435 Enrolled - 1387 - LRB102 04062 AMC 14078 b
1		(iii) A container of liquid food grade
2		sanitizer shall be maintained for no more than 10
3		malt beverage taps that will be used for filling
4		growlers or crowlers and refilling growlers.
5		(iv) Each container shall contain no less than
6		5 tubes that will be used only for filling
7		growlers or crowlers and refilling growlers.
8		(v) The growler or crowler must be inspected
9		visually for contamination.
10		(vi) After each transfer of beer to a growler
11		or crowler, the tube shall be immersed in the
12		container with the liquid food grade sanitizer.
13		(vii) A different tube from the container must
14		be used for each fill of a growler or crowler or
15		refill of a growler.
16		(c) Growlers and crowlers that comply with items (4) and
17		(5) of subsection (b) shall not be deemed an unsealed
18		container for purposes of Section 11-502 of the Illinois
19		Vehicle Code.
20		(d) Growlers and crowlers, as described and authorized
21		under this Section, are not original packages for the purposes
22		of this Act. Upon a consumer taking possession of a growler or
23		crowler from an on-premises retail licensee, the growler or
24		crowler and its contents are deemed to be in the sole custody,
25		control, and care of the consumer.
26		(Source: P.A. 101-16, eff. 6-14-19; 101-517, eff. 8-23-19;

SB2435 Enrolled - 1388 - LRB102 04062 AMC 14078 b
1		revised 9-18-19.)
2		Section 605. The Illinois Public Aid Code is amended by
3		changing Sections 5-2, 5-5, 5-5.07, 5-5.2, 5-5.12, 5H-1, 5H-5,
4		5H-6, and 11-5.4, by setting forth and renumbering multiple
5		versions of Sections 5-30.11 and 12-4.13c, and by setting
6		forth, renumbering, and changing multiple versions of Section
7		5-36 as follows:
8		(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
9		Sec. 5-2. Classes of persons eligible. Medical assistance
10		under this Article shall be available to any of the following
11		classes of persons in respect to whom a plan for coverage has
12		been submitted to the Governor by the Illinois Department and
13		approved by him. If changes made in this Section 5-2 require
14		federal approval, they shall not take effect until such
15		approval has been received:
16		1. Recipients of basic maintenance grants under
17		Articles III and IV.
18		2. Beginning January 1, 2014, persons otherwise
19		eligible for basic maintenance under Article III,
20		excluding any eligibility requirements that are
21		inconsistent with any federal law or federal regulation,
22		as interpreted by the U.S. Department of Health and Human
23		Services, but who fail to qualify thereunder on the basis
24		of need, and who have insufficient income and resources to

SB2435 Enrolled - 1389 - LRB102 04062 AMC 14078 b
1		meet the costs of necessary medical care, including, but
2		not limited to, the following:
3		(a) All persons otherwise eligible for basic
4		maintenance under Article III but who fail to qualify
5		under that Article on the basis of need and who meet
6		either of the following requirements:
7		(i) their income, as determined by the
8		Illinois Department in accordance with any federal
9		requirements, is equal to or less than 100% of the
10		federal poverty level; or
11		(ii) their income, after the deduction of
12		costs incurred for medical care and for other
13		types of remedial care, is equal to or less than
14		100% of the federal poverty level.
15		(b) (Blank).
16		3. (Blank).
17		4. Persons not eligible under any of the preceding
18		paragraphs who fall sick, are injured, or die, not having
19		sufficient money, property or other resources to meet the
20		costs of necessary medical care or funeral and burial
21		expenses.
22		5.(a) Beginning January 1, 2020, women during
23		pregnancy and during the 12-month period beginning on the
24		last day of the pregnancy, together with their infants,
25		whose income is at or below 200% of the federal poverty
26		level. Until September 30, 2019, or sooner if the

SB2435 Enrolled - 1390 - LRB102 04062 AMC 14078 b
1		maintenance of effort requirements under the Patient
2		Protection and Affordable Care Act are eliminated or may
3		be waived before then, women during pregnancy and during
4		the 12-month period beginning on the last day of the
5		pregnancy, whose countable monthly income, after the
6		deduction of costs incurred for medical care and for other
7		types of remedial care as specified in administrative
8		rule, is equal to or less than the Medical Assistance-No
9		Grant(C) (MANG(C)) Income Standard in effect on April 1,
10		2013 as set forth in administrative rule.
11		(b) The plan for coverage shall provide ambulatory
12		prenatal care to pregnant women during a presumptive
13		eligibility period and establish an income eligibility
14		standard that is equal to 200% of the federal poverty
15		level, provided that costs incurred for medical care are
16		not taken into account in determining such income
17		eligibility.
18		(c) The Illinois Department may conduct a
19		demonstration in at least one county that will provide
20		medical assistance to pregnant women, together with their
21		infants and children up to one year of age, where the
22		income eligibility standard is set up to 185% of the
23		nonfarm income official poverty line, as defined by the
24		federal Office of Management and Budget. The Illinois
25		Department shall seek and obtain necessary authorization
26		provided under federal law to implement such a

SB2435 Enrolled - 1391 - LRB102 04062 AMC 14078 b
1		demonstration. Such demonstration may establish resource
2		standards that are not more restrictive than those
3		established under Article IV of this Code.
4		6. (a) Children younger than age 19 when countable
5		income is at or below 133% of the federal poverty level.
6		Until September 30, 2019, or sooner if the maintenance of
7		effort requirements under the Patient Protection and
8		Affordable Care Act are eliminated or may be waived before
9		then, children younger than age 19 whose countable monthly
10		income, after the deduction of costs incurred for medical
11		care and for other types of remedial care as specified in
12		administrative rule, is equal to or less than the Medical
13		Assistance-No Grant(C) (MANG(C)) Income Standard in effect
14		on April 1, 2013 as set forth in administrative rule.
15		(b) Children and youth who are under temporary custody
16		or guardianship of the Department of Children and Family
17		Services or who receive financial assistance in support of
18		an adoption or guardianship placement from the Department
19		of Children and Family Services.
20		7. (Blank).
21		8. As required under federal law, persons who are
22		eligible for Transitional Medical Assistance as a result
23		of an increase in earnings or child or spousal support
24		received. The plan for coverage for this class of persons
25		shall:
26		(a) extend the medical assistance coverage to the

SB2435 Enrolled - 1392 - LRB102 04062 AMC 14078 b
1		extent required by federal law; and
2		(b) offer persons who have initially received 6
3		months of the coverage provided in paragraph (a)
4		above, the option of receiving an additional 6 months
5		of coverage, subject to the following:
6		(i) such coverage shall be pursuant to
7		provisions of the federal Social Security Act;
8		(ii) such coverage shall include all services
9		covered under Illinois' State Medicaid Plan;
10		(iii) no premium shall be charged for such
11		coverage; and
12		(iv) such coverage shall be suspended in the
13		event of a person's failure without good cause to
14		file in a timely fashion reports required for this
15		coverage under the Social Security Act and
16		coverage shall be reinstated upon the filing of
17		such reports if the person remains otherwise
18		eligible.
19		9. Persons with acquired immunodeficiency syndrome
20		(AIDS) or with AIDS-related conditions with respect to
21		whom there has been a determination that but for home or
22		community-based services such individuals would require
23		the level of care provided in an inpatient hospital,
24		skilled nursing facility or intermediate care facility the
25		cost of which is reimbursed under this Article. Assistance
26		shall be provided to such persons to the maximum extent

SB2435 Enrolled - 1393 - LRB102 04062 AMC 14078 b
1		permitted under Title XIX of the Federal Social Security
2		Act.
3		10. Participants in the long-term care insurance
4		partnership program established under the Illinois
5		Long-Term Care Partnership Program Act who meet the
6		qualifications for protection of resources described in
7		Section 15 of that Act.
8		11. Persons with disabilities who are employed and
9		eligible for Medicaid, pursuant to Section
10		1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
11		subject to federal approval, persons with a medically
12		improved disability who are employed and eligible for
13		Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
14		the Social Security Act, as provided by the Illinois
15		Department by rule. In establishing eligibility standards
16		under this paragraph 11, the Department shall, subject to
17		federal approval:
18		(a) set the income eligibility standard at not
19		lower than 350% of the federal poverty level;
20		(b) exempt retirement accounts that the person
21		cannot access without penalty before the age of 59
22		1/2, and medical savings accounts established pursuant
23		to 26 U.S.C. 220;
24		(c) allow non-exempt assets up to $25,000 as to
25		those assets accumulated during periods of eligibility
26		under this paragraph 11; and

SB2435 Enrolled - 1394 - LRB102 04062 AMC 14078 b
1		(d) continue to apply subparagraphs (b) and (c) in
2		determining the eligibility of the person under this
3		Article even if the person loses eligibility under
4		this paragraph 11.
5		12. Subject to federal approval, persons who are
6		eligible for medical assistance coverage under applicable
7		provisions of the federal Social Security Act and the
8		federal Breast and Cervical Cancer Prevention and
9		Treatment Act of 2000. Those eligible persons are defined
10		to include, but not be limited to, the following persons:
11		(1) persons who have been screened for breast or
12		cervical cancer under the U.S. Centers for Disease
13		Control and Prevention Breast and Cervical Cancer
14		Program established under Title XV of the federal
15		Public Health Service Services Act in accordance with
16		the requirements of Section 1504 of that Act as
17		administered by the Illinois Department of Public
18		Health; and
19		(2) persons whose screenings under the above
20		program were funded in whole or in part by funds
21		appropriated to the Illinois Department of Public
22		Health for breast or cervical cancer screening.
23		"Medical assistance" under this paragraph 12 shall be
24		identical to the benefits provided under the State's
25		approved plan under Title XIX of the Social Security Act.
26		The Department must request federal approval of the

SB2435 Enrolled - 1395 - LRB102 04062 AMC 14078 b
1		coverage under this paragraph 12 within 30 days after July
2		3, 2001 (the effective date of Public Act 92-47) this
3		amendatory Act of the 92nd General Assembly.
4		In addition to the persons who are eligible for
5		medical assistance pursuant to subparagraphs (1) and (2)
6		of this paragraph 12, and to be paid from funds
7		appropriated to the Department for its medical programs,
8		any uninsured person as defined by the Department in rules
9		residing in Illinois who is younger than 65 years of age,
10		who has been screened for breast and cervical cancer in
11		accordance with standards and procedures adopted by the
12		Department of Public Health for screening, and who is
13		referred to the Department by the Department of Public
14		Health as being in need of treatment for breast or
15		cervical cancer is eligible for medical assistance
16		benefits that are consistent with the benefits provided to
17		those persons described in subparagraphs (1) and (2).
18		Medical assistance coverage for the persons who are
19		eligible under the preceding sentence is not dependent on
20		federal approval, but federal moneys may be used to pay
21		for services provided under that coverage upon federal
22		approval.
23		13. Subject to appropriation and to federal approval,
24		persons living with HIV/AIDS who are not otherwise
25		eligible under this Article and who qualify for services
26		covered under Section 5-5.04 as provided by the Illinois

SB2435 Enrolled - 1396 - LRB102 04062 AMC 14078 b
1		Department by rule.
2		14. Subject to the availability of funds for this
3		purpose, the Department may provide coverage under this
4		Article to persons who reside in Illinois who are not
5		eligible under any of the preceding paragraphs and who
6		meet the income guidelines of paragraph 2(a) of this
7		Section and (i) have an application for asylum pending
8		before the federal Department of Homeland Security or on
9		appeal before a court of competent jurisdiction and are
10		represented either by counsel or by an advocate accredited
11		by the federal Department of Homeland Security and
12		employed by a not-for-profit organization in regard to
13		that application or appeal, or (ii) are receiving services
14		through a federally funded torture treatment center.
15		Medical coverage under this paragraph 14 may be provided
16		for up to 24 continuous months from the initial
17		eligibility date so long as an individual continues to
18		satisfy the criteria of this paragraph 14. If an
19		individual has an appeal pending regarding an application
20		for asylum before the Department of Homeland Security,
21		eligibility under this paragraph 14 may be extended until
22		a final decision is rendered on the appeal. The Department
23		may adopt rules governing the implementation of this
24		paragraph 14.
25		15. Family Care Eligibility.
26		(a) On and after July 1, 2012, a parent or other

SB2435 Enrolled - 1397 - LRB102 04062 AMC 14078 b
1		caretaker relative who is 19 years of age or older when
2		countable income is at or below 133% of the federal
3		poverty level. A person may not spend down to become
4		eligible under this paragraph 15.
5		(b) Eligibility shall be reviewed annually.
6		(c) (Blank).
7		(d) (Blank).
8		(e) (Blank).
9		(f) (Blank).
10		(g) (Blank).
11		(h) (Blank).
12		(i) Following termination of an individual's
13		coverage under this paragraph 15, the individual must
14		be determined eligible before the person can be
15		re-enrolled.
16		16. Subject to appropriation, uninsured persons who
17		are not otherwise eligible under this Section who have
18		been certified and referred by the Department of Public
19		Health as having been screened and found to need
20		diagnostic evaluation or treatment, or both diagnostic
21		evaluation and treatment, for prostate or testicular
22		cancer. For the purposes of this paragraph 16, uninsured
23		persons are those who do not have creditable coverage, as
24		defined under the Health Insurance Portability and
25		Accountability Act, or have otherwise exhausted any
26		insurance benefits they may have had, for prostate or

SB2435 Enrolled - 1398 - LRB102 04062 AMC 14078 b
1		testicular cancer diagnostic evaluation or treatment, or
2		both diagnostic evaluation and treatment. To be eligible,
3		a person must furnish a Social Security number. A person's
4		assets are exempt from consideration in determining
5		eligibility under this paragraph 16. Such persons shall be
6		eligible for medical assistance under this paragraph 16
7		for so long as they need treatment for the cancer. A person
8		shall be considered to need treatment if, in the opinion
9		of the person's treating physician, the person requires
10		therapy directed toward cure or palliation of prostate or
11		testicular cancer, including recurrent metastatic cancer
12		that is a known or presumed complication of prostate or
13		testicular cancer and complications resulting from the
14		treatment modalities themselves. Persons who require only
15		routine monitoring services are not considered to need
16		treatment. "Medical assistance" under this paragraph 16
17		shall be identical to the benefits provided under the
18		State's approved plan under Title XIX of the Social
19		Security Act. Notwithstanding any other provision of law,
20		the Department (i) does not have a claim against the
21		estate of a deceased recipient of services under this
22		paragraph 16 and (ii) does not have a lien against any
23		homestead property or other legal or equitable real
24		property interest owned by a recipient of services under
25		this paragraph 16.
26		17. Persons who, pursuant to a waiver approved by the

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1		Secretary of the U.S. Department of Health and Human
2		Services, are eligible for medical assistance under Title
3		XIX or XXI of the federal Social Security Act.
4		Notwithstanding any other provision of this Code and
5		consistent with the terms of the approved waiver, the
6		Illinois Department, may by rule:
7		(a) Limit the geographic areas in which the waiver
8		program operates.
9		(b) Determine the scope, quantity, duration, and
10		quality, and the rate and method of reimbursement, of
11		the medical services to be provided, which may differ
12		from those for other classes of persons eligible for
13		assistance under this Article.
14		(c) Restrict the persons' freedom in choice of
15		providers.
16		18. Beginning January 1, 2014, persons aged 19 or
17		older, but younger than 65, who are not otherwise eligible
18		for medical assistance under this Section 5-2, who qualify
19		for medical assistance pursuant to 42 U.S.C.
20		1396a(a)(10)(A)(i)(VIII) and applicable federal
21		regulations, and who have income at or below 133% of the
22		federal poverty level plus 5% for the applicable family
23		size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
24		applicable federal regulations. Persons eligible for
25		medical assistance under this paragraph 18 shall receive
26		coverage for the Health Benefits Service Package as that

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1		term is defined in subsection (m) of Section 5-1.1 of this
2		Code. If Illinois' federal medical assistance percentage
3		(FMAP) is reduced below 90% for persons eligible for
4		medical assistance under this paragraph 18, eligibility
5		under this paragraph 18 shall cease no later than the end
6		of the third month following the month in which the
7		reduction in FMAP takes effect.
8		19. Beginning January 1, 2014, as required under 42
9		U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
10		and younger than age 26 who are not otherwise eligible for
11		medical assistance under paragraphs (1) through (17) of
12		this Section who (i) were in foster care under the
13		responsibility of the State on the date of attaining age
14		18 or on the date of attaining age 21 when a court has
15		continued wardship for good cause as provided in Section
16		2-31 of the Juvenile Court Act of 1987 and (ii) received
17		medical assistance under the Illinois Title XIX State Plan
18		or waiver of such plan while in foster care.
19		20. Beginning January 1, 2018, persons who are
20		foreign-born victims of human trafficking, torture, or
21		other serious crimes as defined in Section 2-19 of this
22		Code and their derivative family members if such persons:
23		(i) reside in Illinois; (ii) are not eligible under any of
24		the preceding paragraphs; (iii) meet the income guidelines
25		of subparagraph (a) of paragraph 2; and (iv) meet the
26		nonfinancial eligibility requirements of Sections 16-2,

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1		16-3, and 16-5 of this Code. The Department may extend
2		medical assistance for persons who are foreign-born
3		victims of human trafficking, torture, or other serious
4		crimes whose medical assistance would be terminated
5		pursuant to subsection (b) of Section 16-5 if the
6		Department determines that the person, during the year of
7		initial eligibility (1) experienced a health crisis, (2)
8		has been unable, after reasonable attempts, to obtain
9		necessary information from a third party, or (3) has other
10		extenuating circumstances that prevented the person from
11		completing his or her application for status. The
12		Department may adopt any rules necessary to implement the
13		provisions of this paragraph.
14		21. Persons who are not otherwise eligible for medical
15		assistance under this Section who may qualify for medical
16		assistance pursuant to 42 U.S.C.
17		1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the
18		duration of any federal or State declared emergency due to
19		COVID-19. Medical assistance to persons eligible for
20		medical assistance solely pursuant to this paragraph 21
21		shall be limited to any in vitro diagnostic product (and
22		the administration of such product) described in 42 U.S.C.
23		1396d(a)(3)(B) on or after March 18, 2020, any visit
24		described in 42 U.S.C. 1396o(a)(2)(G), or any other
25		medical assistance that may be federally authorized for
26		this class of persons. The Department may also cover

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1		treatment of COVID-19 for this class of persons, or any
2		similar category of uninsured individuals, to the extent
3		authorized under a federally approved 1115 Waiver or other
4		federal authority. Notwithstanding the provisions of
5		Section 1-11 of this Code, due to the nature of the
6		COVID-19 public health emergency, the Department may cover
7		and provide the medical assistance described in this
8		paragraph 21 to noncitizens who would otherwise meet the
9		eligibility requirements for the class of persons
10		described in this paragraph 21 for the duration of the
11		State emergency period.
12		In implementing the provisions of Public Act 96-20, the
13		Department is authorized to adopt only those rules necessary,
14		including emergency rules. Nothing in Public Act 96-20 permits
15		the Department to adopt rules or issue a decision that expands
16		eligibility for the FamilyCare Program to a person whose
17		income exceeds 185% of the Federal Poverty Level as determined
18		from time to time by the U.S. Department of Health and Human
19		Services, unless the Department is provided with express
20		statutory authority.
21		The eligibility of any such person for medical assistance
22		under this Article is not affected by the payment of any grant
23		under the Senior Citizens and Persons with Disabilities
24		Property Tax Relief Act or any distributions or items of
25		income described under subparagraph (X) of paragraph (2) of
26		subsection (a) of Section 203 of the Illinois Income Tax Act.

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1		The Department shall by rule establish the amounts of
2		assets to be disregarded in determining eligibility for
3		medical assistance, which shall at a minimum equal the amounts
4		to be disregarded under the Federal Supplemental Security
5		Income Program. The amount of assets of a single person to be
6		disregarded shall not be less than $2,000, and the amount of
7		assets of a married couple to be disregarded shall not be less
8		than $3,000.
9		To the extent permitted under federal law, any person
10		found guilty of a second violation of Article VIIIA shall be
11		ineligible for medical assistance under this Article, as
12		provided in Section 8A-8.
13		The eligibility of any person for medical assistance under
14		this Article shall not be affected by the receipt by the person
15		of donations or benefits from fundraisers held for the person
16		in cases of serious illness, as long as neither the person nor
17		members of the person's family have actual control over the
18		donations or benefits or the disbursement of the donations or
19		benefits.
20		Notwithstanding any other provision of this Code, if the
21		United States Supreme Court holds Title II, Subtitle A,
22		Section 2001(a) of Public Law 111-148 to be unconstitutional,
23		or if a holding of Public Law 111-148 makes Medicaid
24		eligibility allowed under Section 2001(a) inoperable, the
25		State or a unit of local government shall be prohibited from
26		enrolling individuals in the Medical Assistance Program as the

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1		result of federal approval of a State Medicaid waiver on or
2		after June 14, 2012 (the effective date of Public Act 97-687)
3		this amendatory Act of the 97th General Assembly, and any
4		individuals enrolled in the Medical Assistance Program
5		pursuant to eligibility permitted as a result of such a State
6		Medicaid waiver shall become immediately ineligible.
7		Notwithstanding any other provision of this Code, if an
8		Act of Congress that becomes a Public Law eliminates Section
9		2001(a) of Public Law 111-148, the State or a unit of local
10		government shall be prohibited from enrolling individuals in
11		the Medical Assistance Program as the result of federal
12		approval of a State Medicaid waiver on or after June 14, 2012
13		(the effective date of Public Act 97-687) this amendatory Act
14		of the 97th General Assembly, and any individuals enrolled in
15		the Medical Assistance Program pursuant to eligibility
16		permitted as a result of such a State Medicaid waiver shall
17		become immediately ineligible.
18		Effective October 1, 2013, the determination of
19		eligibility of persons who qualify under paragraphs 5, 6, 8,
20		15, 17, and 18 of this Section shall comply with the
21		requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
22		regulations.
23		The Department of Healthcare and Family Services, the
24		Department of Human Services, and the Illinois health
25		insurance marketplace shall work cooperatively to assist
26		persons who would otherwise lose health benefits as a result

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1		of changes made under Public Act 98-104 this amendatory Act of
2		the 98th General Assembly to transition to other health
3		insurance coverage.
4		(Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20;
5		revised 8-24-20.)
6		(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
7		Sec. 5-5. Medical services. The Illinois Department, by
8		rule, shall determine the quantity and quality of and the rate
9		of reimbursement for the medical assistance for which payment
10		will be authorized, and the medical services to be provided,
11		which may include all or part of the following: (1) inpatient
12		hospital services; (2) outpatient hospital services; (3) other
13		laboratory and X-ray services; (4) skilled nursing home
14		services; (5) physicians' services whether furnished in the
15		office, the patient's home, a hospital, a skilled nursing
16		home, or elsewhere; (6) medical care, or any other type of
17		remedial care furnished by licensed practitioners; (7) home
18		health care services; (8) private duty nursing service; (9)
19		clinic services; (10) dental services, including prevention
20		and treatment of periodontal disease and dental caries disease
21		for pregnant women, provided by an individual licensed to
22		practice dentistry or dental surgery; for purposes of this
23		item (10), "dental services" means diagnostic, preventive, or
24		corrective procedures provided by or under the supervision of
25		a dentist in the practice of his or her profession; (11)

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

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1		persons who rely on treatment by spiritual means alone through
2		prayer for healing.
3		Notwithstanding any other provision of this Section, a
4		comprehensive tobacco use cessation program that includes
5		purchasing prescription drugs or prescription medical devices
6		approved by the Food and Drug Administration shall be covered
7		under the medical assistance program under this Article for
8		persons who are otherwise eligible for assistance under this
9		Article.
10		Notwithstanding any other provision of this Code,
11		reproductive health care that is otherwise legal in Illinois
12		shall be covered under the medical assistance program for
13		persons who are otherwise eligible for medical assistance
14		under this Article.
15		Notwithstanding any other provision of this Code, the
16		Illinois Department may not require, as a condition of payment
17		for any laboratory test authorized under this Article, that a
18		physician's handwritten signature appear on the laboratory
19		test order form. The Illinois Department may, however, impose
20		other appropriate requirements regarding laboratory test order
21		documentation.
22		Upon receipt of federal approval of an amendment to the
23		Illinois Title XIX State Plan for this purpose, the Department
24		shall authorize the Chicago Public Schools (CPS) to procure a
25		vendor or vendors to manufacture eyeglasses for individuals
26		enrolled in a school within the CPS system. CPS shall ensure

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1		that its vendor or vendors are enrolled as providers in the
2		medical assistance program and in any capitated Medicaid
3		managed care entity (MCE) serving individuals enrolled in a
4		school within the CPS system. Under any contract procured
5		under this provision, the vendor or vendors must serve only
6		individuals enrolled in a school within the CPS system. Claims
7		for services provided by CPS's vendor or vendors to recipients
8		of benefits in the medical assistance program under this Code,
9		the Children's Health Insurance Program, or the Covering ALL
10		KIDS Health Insurance Program shall be submitted to the
11		Department or the MCE in which the individual is enrolled for
12		payment and shall be reimbursed at the Department's or the
13		MCE's established rates or rate methodologies for eyeglasses.
14		On and after July 1, 2012, the Department of Healthcare
15		and Family Services may provide the following services to
16		persons eligible for assistance under this Article who are
17		participating in education, training or employment programs
18		operated by the Department of Human Services as successor to
19		the Department of Public Aid:
20		(1) dental services provided by or under the
21		supervision of a dentist; and
22		(2) eyeglasses prescribed by a physician skilled in
23		the diseases of the eye, or by an optometrist, whichever
24		the person may select.
25		On and after July 1, 2018, the Department of Healthcare
26		and Family Services shall provide dental services to any adult

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1		who is otherwise eligible for assistance under the medical
2		assistance program. As used in this paragraph, "dental
3		services" means diagnostic, preventative, restorative, or
4		corrective procedures, including procedures and services for
5		the prevention and treatment of periodontal disease and dental
6		caries disease, provided by an individual who is licensed to
7		practice dentistry or dental surgery or who is under the
8		supervision of a dentist in the practice of his or her
9		profession.
10		On and after July 1, 2018, targeted dental services, as
11		set forth in Exhibit D of the Consent Decree entered by the
12		United States District Court for the Northern District of
13		Illinois, Eastern Division, in the matter of Memisovski v.
14		Maram, Case No. 92 C 1982, that are provided to adults under
15		the medical assistance program shall be established at no less
16		than the rates set forth in the "New Rate" column in Exhibit D
17		of the Consent Decree for targeted dental services that are
18		provided to persons under the age of 18 under the medical
19		assistance program.
20		Notwithstanding any other provision of this Code and
21		subject to federal approval, the Department may adopt rules to
22		allow a dentist who is volunteering his or her service at no
23		cost to render dental services through an enrolled
24		not-for-profit health clinic without the dentist personally
25		enrolling as a participating provider in the medical
26		assistance program. A not-for-profit health clinic shall

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1		include a public health clinic or Federally Qualified Health
2		Center or other enrolled provider, as determined by the
3		Department, through which dental services covered under this
4		Section are performed. The Department shall establish a
5		process for payment of claims for reimbursement for covered
6		dental services rendered under this provision.
7		The Illinois Department, by rule, may distinguish and
8		classify the medical services to be provided only in
9		accordance with the classes of persons designated in Section
10		5-2.
11		The Department of Healthcare and Family Services must
12		provide coverage and reimbursement for amino acid-based
13		elemental formulas, regardless of delivery method, for the
14		diagnosis and treatment of (i) eosinophilic disorders and (ii)
15		short bowel syndrome when the prescribing physician has issued
16		a written order stating that the amino acid-based elemental
17		formula is medically necessary.
18		The Illinois Department shall authorize the provision of,
19		and shall authorize payment for, screening by low-dose
20		mammography for the presence of occult breast cancer for women
21		35 years of age or older who are eligible for medical
22		assistance under this Article, as follows:
23		(A) A baseline mammogram for women 35 to 39 years of
24		age.
25		(B) An annual mammogram for women 40 years of age or
26		older.

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1		(C) A mammogram at the age and intervals considered
2		medically necessary by the woman's health care provider
3		for women under 40 years of age and having a family history
4		of breast cancer, prior personal history of breast cancer,
5		positive genetic testing, or other risk factors.
6		(D) A comprehensive ultrasound screening and MRI of an
7		entire breast or breasts if a mammogram demonstrates
8		heterogeneous or dense breast tissue or when medically
9		necessary as determined by a physician licensed to
10		practice medicine in all of its branches.
11		(E) A screening MRI when medically necessary, as
12		determined by a physician licensed to practice medicine in
13		all of its branches.
14		(F) A diagnostic mammogram when medically necessary,
15		as determined by a physician licensed to practice medicine
16		in all its branches, advanced practice registered nurse,
17		or physician assistant.
18		The Department shall not impose a deductible, coinsurance,
19		copayment, or any other cost-sharing requirement on the
20		coverage provided under this paragraph; except that this
21		sentence does not apply to coverage of diagnostic mammograms
22		to the extent such coverage would disqualify a high-deductible
23		health plan from eligibility for a health savings account
24		pursuant to Section 223 of the Internal Revenue Code (26
25		U.S.C. 223).
26		All screenings shall include a physical breast exam,

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1		instruction on self-examination and information regarding the
2		frequency of self-examination and its value as a preventative
3		tool.
4		For purposes of this Section:
5		"Diagnostic mammogram" means a mammogram obtained using
6		diagnostic mammography.
7		"Diagnostic mammography" means a method of screening that
8		is designed to evaluate an abnormality in a breast, including
9		an abnormality seen or suspected on a screening mammogram or a
10		subjective or objective abnormality otherwise detected in the
11		breast.
12		"Low-dose mammography" means the x-ray examination of the
13		breast using equipment dedicated specifically for mammography,
14		including the x-ray tube, filter, compression device, and
15		image receptor, with an average radiation exposure delivery of
16		less than one rad per breast for 2 views of an average size
17		breast. The term also includes digital mammography and
18		includes breast tomosynthesis.
19		"Breast tomosynthesis" means a radiologic procedure that
20		involves the acquisition of projection images over the
21		stationary breast to produce cross-sectional digital
22		three-dimensional images of the breast.
23		If, at any time, the Secretary of the United States
24		Department of Health and Human Services, or its successor
25		agency, promulgates rules or regulations to be published in
26		the Federal Register or publishes a comment in the Federal

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1		Register or issues an opinion, guidance, or other action that
2		would require the State, pursuant to any provision of the
3		Patient Protection and Affordable Care Act (Public Law
4		111-148), including, but not limited to, 42 U.S.C.
5		18031(d)(3)(B) or any successor provision, to defray the cost
6		of any coverage for breast tomosynthesis outlined in this
7		paragraph, then the requirement that an insurer cover breast
8		tomosynthesis is inoperative other than any such coverage
9		authorized under Section 1902 of the Social Security Act, 42
10		U.S.C. 1396a, and the State shall not assume any obligation
11		for the cost of coverage for breast tomosynthesis set forth in
12		this paragraph.
13		On and after January 1, 2016, the Department shall ensure
14		that all networks of care for adult clients of the Department
15		include access to at least one breast imaging Center of
16		Imaging Excellence as certified by the American College of
17		Radiology.
18		On and after January 1, 2012, providers participating in a
19		quality improvement program approved by the Department shall
20		be reimbursed for screening and diagnostic mammography at the
21		same rate as the Medicare program's rates, including the
22		increased reimbursement for digital mammography.
23		The Department shall convene an expert panel including
24		representatives of hospitals, free-standing mammography
25		facilities, and doctors, including radiologists, to establish
26		quality standards for mammography.

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1		On and after January 1, 2017, providers participating in a
2		breast cancer treatment quality improvement program approved
3		by the Department shall be reimbursed for breast cancer
4		treatment at a rate that is no lower than 95% of the Medicare
5		program's rates for the data elements included in the breast
6		cancer treatment quality program.
7		The Department shall convene an expert panel, including
8		representatives of hospitals, free-standing breast cancer
9		treatment centers, breast cancer quality organizations, and
10		doctors, including breast surgeons, reconstructive breast
11		surgeons, oncologists, and primary care providers to establish
12		quality standards for breast cancer treatment.
13		Subject to federal approval, the Department shall
14		establish a rate methodology for mammography at federally
15		qualified health centers and other encounter-rate clinics.
16		These clinics or centers may also collaborate with other
17		hospital-based mammography facilities. By January 1, 2016, the
18		Department shall report to the General Assembly on the status
19		of the provision set forth in this paragraph.
20		The Department shall establish a methodology to remind
21		women who are age-appropriate for screening mammography, but
22		who have not received a mammogram within the previous 18
23		months, of the importance and benefit of screening
24		mammography. The Department shall work with experts in breast
25		cancer outreach and patient navigation to optimize these
26		reminders and shall establish a methodology for evaluating

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1		their effectiveness and modifying the methodology based on the
2		evaluation.
3		The Department shall establish a performance goal for
4		primary care providers with respect to their female patients
5		over age 40 receiving an annual mammogram. This performance
6		goal shall be used to provide additional reimbursement in the
7		form of a quality performance bonus to primary care providers
8		who meet that goal.
9		The Department shall devise a means of case-managing or
10		patient navigation for beneficiaries diagnosed with breast
11		cancer. This program shall initially operate as a pilot
12		program in areas of the State with the highest incidence of
13		mortality related to breast cancer. At least one pilot program
14		site shall be in the metropolitan Chicago area and at least one
15		site shall be outside the metropolitan Chicago area. On or
16		after July 1, 2016, the pilot program shall be expanded to
17		include one site in western Illinois, one site in southern
18		Illinois, one site in central Illinois, and 4 sites within
19		metropolitan Chicago. An evaluation of the pilot program shall
20		be carried out measuring health outcomes and cost of care for
21		those served by the pilot program compared to similarly
22		situated patients who are not served by the pilot program.
23		The Department shall require all networks of care to
24		develop a means either internally or by contract with experts
25		in navigation and community outreach to navigate cancer
26		patients to comprehensive care in a timely fashion. The

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1		Department shall require all networks of care to include
2		access for patients diagnosed with cancer to at least one
3		academic commission on cancer-accredited cancer program as an
4		in-network covered benefit.
5		Any medical or health care provider shall immediately
6		recommend, to any pregnant woman who is being provided
7		prenatal services and is suspected of having a substance use
8		disorder as defined in the Substance Use Disorder Act,
9		referral to a local substance use disorder treatment program
10		licensed by the Department of Human Services or to a licensed
11		hospital which provides substance abuse treatment services.
12		The Department of Healthcare and Family Services shall assure
13		coverage for the cost of treatment of the drug abuse or
14		addiction for pregnant recipients in accordance with the
15		Illinois Medicaid Program in conjunction with the Department
16		of Human Services.
17		All medical providers providing medical assistance to
18		pregnant women under this Code shall receive information from
19		the Department on the availability of services under any
20		program providing case management services for addicted women,
21		including information on appropriate referrals for other
22		social services that may be needed by addicted women in
23		addition to treatment for addiction.
24		The Illinois Department, in cooperation with the
25		Departments of Human Services (as successor to the Department
26		of Alcoholism and Substance Abuse) and Public Health, through

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1		a public awareness campaign, may provide information
2		concerning treatment for alcoholism and drug abuse and
3		addiction, prenatal health care, and other pertinent programs
4		directed at reducing the number of drug-affected infants born
5		to recipients of medical assistance.
6		Neither the Department of Healthcare and Family Services
7		nor the Department of Human Services shall sanction the
8		recipient solely on the basis of her substance abuse.
9		The Illinois Department shall establish such regulations
10		governing the dispensing of health services under this Article
11		as it shall deem appropriate. The Department should seek the
12		advice of formal professional advisory committees appointed by
13		the Director of the Illinois Department for the purpose of
14		providing regular advice on policy and administrative matters,
15		information dissemination and educational activities for
16		medical and health care providers, and consistency in
17		procedures to the Illinois Department.
18		The Illinois Department may develop and contract with
19		Partnerships of medical providers to arrange medical services
20		for persons eligible under Section 5-2 of this Code.
21		Implementation of this Section may be by demonstration
22		projects in certain geographic areas. The Partnership shall be
23		represented by a sponsor organization. The Department, by
24		rule, shall develop qualifications for sponsors of
25		Partnerships. Nothing in this Section shall be construed to
26		require that the sponsor organization be a medical

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1		organization.
2		The sponsor must negotiate formal written contracts with
3		medical providers for physician services, inpatient and
4		outpatient hospital care, home health services, treatment for
5		alcoholism and substance abuse, and other services determined
6		necessary by the Illinois Department by rule for delivery by
7		Partnerships. Physician services must include prenatal and
8		obstetrical care. The Illinois Department shall reimburse
9		medical services delivered by Partnership providers to clients
10		in target areas according to provisions of this Article and
11		the Illinois Health Finance Reform Act, except that:
12		(1) Physicians participating in a Partnership and
13		providing certain services, which shall be determined by
14		the Illinois Department, to persons in areas covered by
15		the Partnership may receive an additional surcharge for
16		such services.
17		(2) The Department may elect to consider and negotiate
18		financial incentives to encourage the development of
19		Partnerships and the efficient delivery of medical care.
20		(3) Persons receiving medical services through
21		Partnerships may receive medical and case management
22		services above the level usually offered through the
23		medical assistance program.
24		Medical providers shall be required to meet certain
25		qualifications to participate in Partnerships to ensure the
26		delivery of high quality medical services. These

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1		qualifications shall be determined by rule of the Illinois
2		Department and may be higher than qualifications for
3		participation in the medical assistance program. Partnership
4		sponsors may prescribe reasonable additional qualifications
5		for participation by medical providers, only with the prior
6		written approval of the Illinois Department.
7		Nothing in this Section shall limit the free choice of
8		practitioners, hospitals, and other providers of medical
9		services by clients. In order to ensure patient freedom of
10		choice, the Illinois Department shall immediately promulgate
11		all rules and take all other necessary actions so that
12		provided services may be accessed from therapeutically
13		certified optometrists to the full extent of the Illinois
14		Optometric Practice Act of 1987 without discriminating between
15		service providers.
16		The Department shall apply for a waiver from the United
17		States Health Care Financing Administration to allow for the
18		implementation of Partnerships under this Section.
19		The Illinois Department shall require health care
20		providers to maintain records that document the medical care
21		and services provided to recipients of Medical Assistance
22		under this Article. Such records must be retained for a period
23		of not less than 6 years from the date of service or as
24		provided by applicable State law, whichever period is longer,
25		except that if an audit is initiated within the required
26		retention period then the records must be retained until the

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1		audit is completed and every exception is resolved. The
2		Illinois Department shall require health care providers to
3		make available, when authorized by the patient, in writing,
4		the medical records in a timely fashion to other health care
5		providers who are treating or serving persons eligible for
6		Medical Assistance under this Article. All dispensers of
7		medical services shall be required to maintain and retain
8		business and professional records sufficient to fully and
9		accurately document the nature, scope, details and receipt of
10		the health care provided to persons eligible for medical
11		assistance under this Code, in accordance with regulations
12		promulgated by the Illinois Department. The rules and
13		regulations shall require that proof of the receipt of
14		prescription drugs, dentures, prosthetic devices and
15		eyeglasses by eligible persons under this Section accompany
16		each claim for reimbursement submitted by the dispenser of
17		such medical services. No such claims for reimbursement shall
18		be approved for payment by the Illinois Department without
19		such proof of receipt, unless the Illinois Department shall
20		have put into effect and shall be operating a system of
21		post-payment audit and review which shall, on a sampling
22		basis, be deemed adequate by the Illinois Department to assure
23		that such drugs, dentures, prosthetic devices and eyeglasses
24		for which payment is being made are actually being received by
25		eligible recipients. Within 90 days after September 16, 1984
26		(the effective date of Public Act 83-1439), the Illinois

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1		Department shall establish a current list of acquisition costs
2		for all prosthetic devices and any other items recognized as
3		medical equipment and supplies reimbursable under this Article
4		and shall update such list on a quarterly basis, except that
5		the acquisition costs of all prescription drugs shall be
6		updated no less frequently than every 30 days as required by
7		Section 5-5.12.
8		Notwithstanding any other law to the contrary, the
9		Illinois Department shall, within 365 days after July 22, 2013
10		(the effective date of Public Act 98-104), establish
11		procedures to permit skilled care facilities licensed under
12		the Nursing Home Care Act to submit monthly billing claims for
13		reimbursement purposes. Following development of these
14		procedures, the Department shall, by July 1, 2016, test the
15		viability of the new system and implement any necessary
16		operational or structural changes to its information
17		technology platforms in order to allow for the direct
18		acceptance and payment of nursing home claims.
19		Notwithstanding any other law to the contrary, the
20		Illinois Department shall, within 365 days after August 15,
21		2014 (the effective date of Public Act 98-963), establish
22		procedures to permit ID/DD facilities licensed under the ID/DD
23		Community Care Act and MC/DD facilities licensed under the
24		MC/DD Act to submit monthly billing claims for reimbursement
25		purposes. Following development of these procedures, the
26		Department shall have an additional 365 days to test the

SB2435 Enrolled - 1422 - LRB102 04062 AMC 14078 b
1		viability of the new system and to ensure that any necessary
2		operational or structural changes to its information
3		technology platforms are implemented.
4		The Illinois Department shall require all dispensers of
5		medical services, other than an individual practitioner or
6		group of practitioners, desiring to participate in the Medical
7		Assistance program established under this Article to disclose
8		all financial, beneficial, ownership, equity, surety or other
9		interests in any and all firms, corporations, partnerships,
10		associations, business enterprises, joint ventures, agencies,
11		institutions or other legal entities providing any form of
12		health care services in this State under this Article.
13		The Illinois Department may require that all dispensers of
14		medical services desiring to participate in the medical
15		assistance program established under this Article disclose,
16		under such terms and conditions as the Illinois Department may
17		by rule establish, all inquiries from clients and attorneys
18		regarding medical bills paid by the Illinois Department, which
19		inquiries could indicate potential existence of claims or
20		liens for the Illinois Department.
21		Enrollment of a vendor shall be subject to a provisional
22		period and shall be conditional for one year. During the
23		period of conditional enrollment, the Department may terminate
24		the vendor's eligibility to participate in, or may disenroll
25		the vendor from, the medical assistance program without cause.
26		Unless otherwise specified, such termination of eligibility or

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

SB2435 Enrolled - 1424 - LRB102 04062 AMC 14078 b
1		of risk of the vendor that is terminated or disenrolled during
2		the conditional enrollment period.
3		To be eligible for payment consideration, a vendor's
4		payment claim or bill, either as an initial claim or as a
5		resubmitted claim following prior rejection, must be received
6		by the Illinois Department, or its fiscal intermediary, no
7		later than 180 days after the latest date on the claim on which
8		medical goods or services were provided, with the following
9		exceptions:
10		(1) In the case of a provider whose enrollment is in
11		process by the Illinois Department, the 180-day period
12		shall not begin until the date on the written notice from
13		the Illinois Department that the provider enrollment is
14		complete.
15		(2) In the case of errors attributable to the Illinois
16		Department or any of its claims processing intermediaries
17		which result in an inability to receive, process, or
18		adjudicate a claim, the 180-day period shall not begin
19		until the provider has been notified of the error.
20		(3) In the case of a provider for whom the Illinois
21		Department initiates the monthly billing process.
22		(4) In the case of a provider operated by a unit of
23		local government with a population exceeding 3,000,000
24		when local government funds finance federal participation
25		for claims payments.
26		For claims for services rendered during a period for which

SB2435 Enrolled - 1425 - LRB102 04062 AMC 14078 b
1		a recipient received retroactive eligibility, claims must be
2		filed within 180 days after the Department determines the
3		applicant is eligible. For claims for which the Illinois
4		Department is not the primary payer, claims must be submitted
5		to the Illinois Department within 180 days after the final
6		adjudication by the primary payer.
7		In the case of long term care facilities, within 45
8		calendar days of receipt by the facility of required
9		prescreening information, new admissions with associated
10		admission documents shall be submitted through the Medical
11		Electronic Data Interchange (MEDI) or the Recipient
12		Eligibility Verification (REV) System or shall be submitted
13		directly to the Department of Human Services using required
14		admission forms. Effective September 1, 2014, admission
15		documents, including all prescreening information, must be
16		submitted through MEDI or REV. Confirmation numbers assigned
17		to an accepted transaction shall be retained by a facility to
18		verify timely submittal. Once an admission transaction has
19		been completed, all resubmitted claims following prior
20		rejection are subject to receipt no later than 180 days after
21		the admission transaction has been completed.
22		Claims that are not submitted and received in compliance
23		with the foregoing requirements shall not be eligible for
24		payment under the medical assistance program, and the State
25		shall have no liability for payment of those claims.
26		To the extent consistent with applicable information and

SB2435 Enrolled - 1426 - LRB102 04062 AMC 14078 b
1		privacy, security, and disclosure laws, State and federal
2		agencies and departments shall provide the Illinois Department
3		access to confidential and other information and data
4		necessary to perform eligibility and payment verifications and
5		other Illinois Department functions. This includes, but is not
6		limited to: information pertaining to licensure;
7		certification; earnings; immigration status; citizenship; wage
8		reporting; unearned and earned income; pension income;
9		employment; supplemental security income; social security
10		numbers; National Provider Identifier (NPI) numbers; the
11		National Practitioner Data Bank (NPDB); program and agency
12		exclusions; taxpayer identification numbers; tax delinquency;
13		corporate information; and death records.
14		The Illinois Department shall enter into agreements with
15		State agencies and departments, and is authorized to enter
16		into agreements with federal agencies and departments, under
17		which such agencies and departments shall share data necessary
18		for medical assistance program integrity functions and
19		oversight. The Illinois Department shall develop, in
20		cooperation with other State departments and agencies, and in
21		compliance with applicable federal laws and regulations,
22		appropriate and effective methods to share such data. At a
23		minimum, and to the extent necessary to provide data sharing,
24		the Illinois Department shall enter into agreements with State
25		agencies and departments, and is authorized to enter into
26		agreements with federal agencies and departments, including,

SB2435 Enrolled - 1427 - LRB102 04062 AMC 14078 b
1		but not limited to: the Secretary of State; the Department of
2		Revenue; the Department of Public Health; the Department of
3		Human Services; and the Department of Financial and
4		Professional Regulation.
5		Beginning in fiscal year 2013, the Illinois Department
6		shall set forth a request for information to identify the
7		benefits of a pre-payment, post-adjudication, and post-edit
8		claims system with the goals of streamlining claims processing
9		and provider reimbursement, reducing the number of pending or
10		rejected claims, and helping to ensure a more transparent
11		adjudication process through the utilization of: (i) provider
12		data verification and provider screening technology; and (ii)
13		clinical code editing; and (iii) pre-pay, pre- or
14		post-adjudicated predictive modeling with an integrated case
15		management system with link analysis. Such a request for
16		information shall not be considered as a request for proposal
17		or as an obligation on the part of the Illinois Department to
18		take any action or acquire any products or services.
19		The Illinois Department shall establish policies,
20		procedures, standards and criteria by rule for the
21		acquisition, repair and replacement of orthotic and prosthetic
22		devices and durable medical equipment. Such rules shall
23		provide, but not be limited to, the following services: (1)
24		immediate repair or replacement of such devices by recipients;
25		and (2) rental, lease, purchase or lease-purchase of durable
26		medical equipment in a cost-effective manner, taking into

SB2435 Enrolled - 1428 - LRB102 04062 AMC 14078 b
1		consideration the recipient's medical prognosis, the extent of
2		the recipient's needs, and the requirements and costs for
3		maintaining such equipment. Subject to prior approval, such
4		rules shall enable a recipient to temporarily acquire and use
5		alternative or substitute devices or equipment pending repairs
6		or replacements of any device or equipment previously
7		authorized for such recipient by the Department.
8		Notwithstanding any provision of Section 5-5f to the contrary,
9		the Department may, by rule, exempt certain replacement
10		wheelchair parts from prior approval and, for wheelchairs,
11		wheelchair parts, wheelchair accessories, and related seating
12		and positioning items, determine the wholesale price by
13		methods other than actual acquisition costs.
14		The Department shall require, by rule, all providers of
15		durable medical equipment to be accredited by an accreditation
16		organization approved by the federal Centers for Medicare and
17		Medicaid Services and recognized by the Department in order to
18		bill the Department for providing durable medical equipment to
19		recipients. No later than 15 months after the effective date
20		of the rule adopted pursuant to this paragraph, all providers
21		must meet the accreditation requirement.
22		In order to promote environmental responsibility, meet the
23		needs of recipients and enrollees, and achieve significant
24		cost savings, the Department, or a managed care organization
25		under contract with the Department, may provide recipients or
26		managed care enrollees who have a prescription or Certificate

SB2435 Enrolled - 1429 - LRB102 04062 AMC 14078 b
1		of Medical Necessity access to refurbished durable medical
2		equipment under this Section (excluding prosthetic and
3		orthotic devices as defined in the Orthotics, Prosthetics, and
4		Pedorthics Practice Act and complex rehabilitation technology
5		products and associated services) through the State's
6		assistive technology program's reutilization program, using
7		staff with the Assistive Technology Professional (ATP)
8		Certification if the refurbished durable medical equipment:
9		(i) is available; (ii) is less expensive, including shipping
10		costs, than new durable medical equipment of the same type;
11		(iii) is able to withstand at least 3 years of use; (iv) is
12		cleaned, disinfected, sterilized, and safe in accordance with
13		federal Food and Drug Administration regulations and guidance
14		governing the reprocessing of medical devices in health care
15		settings; and (v) equally meets the needs of the recipient or
16		enrollee. The reutilization program shall confirm that the
17		recipient or enrollee is not already in receipt of same or
18		similar equipment from another service provider, and that the
19		refurbished durable medical equipment equally meets the needs
20		of the recipient or enrollee. Nothing in this paragraph shall
21		be construed to limit recipient or enrollee choice to obtain
22		new durable medical equipment or place any additional prior
23		authorization conditions on enrollees of managed care
24		organizations.
25		The Department shall execute, relative to the nursing home
26		prescreening project, written inter-agency agreements with the

SB2435 Enrolled - 1430 - LRB102 04062 AMC 14078 b
1		Department of Human Services and the Department on Aging, to
2		effect the following: (i) intake procedures and common
3		eligibility criteria for those persons who are receiving
4		non-institutional services; and (ii) the establishment and
5		development of non-institutional services in areas of the
6		State where they are not currently available or are
7		undeveloped; and (iii) notwithstanding any other provision of
8		law, subject to federal approval, on and after July 1, 2012, an
9		increase in the determination of need (DON) scores from 29 to
10		37 for applicants for institutional and home and
11		community-based long term care; if and only if federal
12		approval is not granted, the Department may, in conjunction
13		with other affected agencies, implement utilization controls
14		or changes in benefit packages to effectuate a similar savings
15		amount for this population; and (iv) no later than July 1,
16		2013, minimum level of care eligibility criteria for
17		institutional and home and community-based long term care; and
18		(v) no later than October 1, 2013, establish procedures to
19		permit long term care providers access to eligibility scores
20		for individuals with an admission date who are seeking or
21		receiving services from the long term care provider. In order
22		to select the minimum level of care eligibility criteria, the
23		Governor shall establish a workgroup that includes affected
24		agency representatives and stakeholders representing the
25		institutional and home and community-based long term care
26		interests. This Section shall not restrict the Department from

SB2435 Enrolled - 1431 - LRB102 04062 AMC 14078 b
1		implementing lower level of care eligibility criteria for
2		community-based services in circumstances where federal
3		approval has been granted.
4		The Illinois Department shall develop and operate, in
5		cooperation with other State Departments and agencies and in
6		compliance with applicable federal laws and regulations,
7		appropriate and effective systems of health care evaluation
8		and programs for monitoring of utilization of health care
9		services and facilities, as it affects persons eligible for
10		medical assistance under this Code.
11		The Illinois Department shall report annually to the
12		General Assembly, no later than the second Friday in April of
13		1979 and each year thereafter, in regard to:
14		(a) actual statistics and trends in utilization of
15		medical services by public aid recipients;
16		(b) actual statistics and trends in the provision of
17		the various medical services by medical vendors;
18		(c) current rate structures and proposed changes in
19		those rate structures for the various medical vendors; and
20		(d) efforts at utilization review and control by the
21		Illinois Department.
22		The period covered by each report shall be the 3 years
23		ending on the June 30 prior to the report. The report shall
24		include suggested legislation for consideration by the General
25		Assembly. The requirement for reporting to the General
26		Assembly shall be satisfied by filing copies of the report as

SB2435 Enrolled - 1432 - LRB102 04062 AMC 14078 b
1		required by Section 3.1 of the General Assembly Organization
2		Act, and filing such additional copies with the State
3		Government Report Distribution Center for the General Assembly
4		as is required under paragraph (t) of Section 7 of the State
5		Library Act.
6		Rulemaking authority to implement Public Act 95-1045, if
7		any, is conditioned on the rules being adopted in accordance
8		with all provisions of the Illinois Administrative Procedure
9		Act and all rules and procedures of the Joint Committee on
10		Administrative Rules; any purported rule not so adopted, for
11		whatever reason, is unauthorized.
12		On and after July 1, 2012, the Department shall reduce any
13		rate of reimbursement for services or other payments or alter
14		any methodologies authorized by this Code to reduce any rate
15		of reimbursement for services or other payments in accordance
16		with Section 5-5e.
17		Because kidney transplantation can be an appropriate,
18		cost-effective alternative to renal dialysis when medically
19		necessary and notwithstanding the provisions of Section 1-11
20		of this Code, beginning October 1, 2014, the Department shall
21		cover kidney transplantation for noncitizens with end-stage
22		renal disease who are not eligible for comprehensive medical
23		benefits, who meet the residency requirements of Section 5-3
24		of this Code, and who would otherwise meet the financial
25		requirements of the appropriate class of eligible persons
26		under Section 5-2 of this Code. To qualify for coverage of

SB2435 Enrolled - 1433 - LRB102 04062 AMC 14078 b
1		kidney transplantation, such person must be receiving
2		emergency renal dialysis services covered by the Department.
3		Providers under this Section shall be prior approved and
4		certified by the Department to perform kidney transplantation
5		and the services under this Section shall be limited to
6		services associated with kidney transplantation.
7		Notwithstanding any other provision of this Code to the
8		contrary, on or after July 1, 2015, all FDA approved forms of
9		medication assisted treatment prescribed for the treatment of
10		alcohol dependence or treatment of opioid dependence shall be
11		covered under both fee for service and managed care medical
12		assistance programs for persons who are otherwise eligible for
13		medical assistance under this Article and shall not be subject
14		to any (1) utilization control, other than those established
15		under the American Society of Addiction Medicine patient
16		placement criteria, (2) prior authorization mandate, or (3)
17		lifetime restriction limit mandate.
18		On or after July 1, 2015, opioid antagonists prescribed
19		for the treatment of an opioid overdose, including the
20		medication product, administration devices, and any pharmacy
21		fees related to the dispensing and administration of the
22		opioid antagonist, shall be covered under the medical
23		assistance program for persons who are otherwise eligible for
24		medical assistance under this Article. As used in this
25		Section, "opioid antagonist" means a drug that binds to opioid
26		receptors and blocks or inhibits the effect of opioids acting

SB2435 Enrolled - 1434 - LRB102 04062 AMC 14078 b
1		on those receptors, including, but not limited to, naloxone
2		hydrochloride or any other similarly acting drug approved by
3		the U.S. Food and Drug Administration.
4		Upon federal approval, the Department shall provide
5		coverage and reimbursement for all drugs that are approved for
6		marketing by the federal Food and Drug Administration and that
7		are recommended by the federal Public Health Service or the
8		United States Centers for Disease Control and Prevention for
9		pre-exposure prophylaxis and related pre-exposure prophylaxis
10		services, including, but not limited to, HIV and sexually
11		transmitted infection screening, treatment for sexually
12		transmitted infections, medical monitoring, assorted labs, and
13		counseling to reduce the likelihood of HIV infection among
14		individuals who are not infected with HIV but who are at high
15		risk of HIV infection.
16		A federally qualified health center, as defined in Section
17		1905(l)(2)(B) of the federal Social Security Act, shall be
18		reimbursed by the Department in accordance with the federally
19		qualified health center's encounter rate for services provided
20		to medical assistance recipients that are performed by a
21		dental hygienist, as defined under the Illinois Dental
22		Practice Act, working under the general supervision of a
23		dentist and employed by a federally qualified health center.
24		(Source: P.A. 100-201, eff. 8-18-17; 100-395, eff. 1-1-18;
25		100-449, eff. 1-1-18; 100-538, eff. 1-1-18; 100-587, eff.
26		6-4-18; 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-974,

SB2435 Enrolled - 1435 - LRB102 04062 AMC 14078 b
1		eff. 8-19-18; 100-1009, eff. 1-1-19; 100-1018, eff. 1-1-19;
2		100-1148, eff. 12-10-18; 101-209, eff. 8-5-19; 101-580, eff.
3		1-1-20; revised 9-18-19.)
4		(305 ILCS 5/5-5.07)
5		Sec. 5-5.07. Inpatient psychiatric stay; DCFS per diem
6		rate. The Department of Children and Family Services shall pay
7		the DCFS per diem rate for inpatient psychiatric stay at a
8		free-standing psychiatric hospital effective the 11th day when
9		a child is in the hospital beyond medical necessity, and the
10		parent or caregiver has denied the child access to the home and
11		has refused or failed to make provisions for another living
12		arrangement for the child or the child's discharge is being
13		delayed due to a pending inquiry or investigation by the
14		Department of Children and Family Services. If any portion of
15		a hospital stay is reimbursed under this Section, the hospital
16		stay shall not be eligible for payment under the provisions of
17		Section 14-13 of this Code. This Section is inoperative on and
18		after July 1, 2020 2019.
19		(Source: P.A. 100-646, eff. 7-27-18; reenacted by P.A. 101-15,
20		eff. 6-14-19; reenacted by P.A. 101-209, eff. 8-5-19; revised
21		9-24-19.)
22		(305 ILCS 5/5-5.2) (from Ch. 23, par. 5-5.2)
23		Sec. 5-5.2. Payment.
24		(a) All nursing facilities that are grouped pursuant to

SB2435 Enrolled - 1436 - LRB102 04062 AMC 14078 b
1		Section 5-5.1 of this Act shall receive the same rate of
2		payment for similar services.
3		(b) It shall be a matter of State policy that the Illinois
4		Department shall utilize a uniform billing cycle throughout
5		the State for the long-term care providers.
6		(c) Notwithstanding any other provisions of this Code, the
7		methodologies for reimbursement of nursing services as
8		provided under this Article shall no longer be applicable for
9		bills payable for nursing services rendered on or after a new
10		reimbursement system based on the Resource Utilization Groups
11		(RUGs) has been fully operationalized, which shall take effect
12		for services provided on or after January 1, 2014.
13		(d) The new nursing services reimbursement methodology
14		utilizing RUG-IV 48 grouper model, which shall be referred to
15		as the RUGs reimbursement system, taking effect January 1,
16		2014, shall be based on the following:
17		(1) The methodology shall be resident-driven,
18		facility-specific, and cost-based.
19		(2) Costs shall be annually rebased and case mix index
20		quarterly updated. The nursing services methodology will
21		be assigned to the Medicaid enrolled residents on record
22		as of 30 days prior to the beginning of the rate period in
23		the Department's Medicaid Management Information System
24		(MMIS) as present on the last day of the second quarter
25		preceding the rate period based upon the Assessment
26		Reference Date of the Minimum Data Set (MDS).

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1		(3) Regional wage adjustors based on the Health
2		Service Areas (HSA) groupings and adjusters in effect on
3		April 30, 2012 shall be included.
4		(4) Case mix index shall be assigned to each resident
5		class based on the Centers for Medicare and Medicaid
6		Services staff time measurement study in effect on July 1,
7		2013, utilizing an index maximization approach.
8		(5) The pool of funds available for distribution by
9		case mix and the base facility rate shall be determined
10		using the formula contained in subsection (d-1).
11		(d-1) Calculation of base year Statewide RUG-IV nursing
12		base per diem rate.
13		(1) Base rate spending pool shall be:
14		(A) The base year resident days which are
15		calculated by multiplying the number of Medicaid
16		residents in each nursing home as indicated in the MDS
17		data defined in paragraph (4) by 365.
18		(B) Each facility's nursing component per diem in
19		effect on July 1, 2012 shall be multiplied by
20		subsection (A).
21		(C) Thirteen million is added to the product of
22		subparagraph (A) and subparagraph (B) to adjust for
23		the exclusion of nursing homes defined in paragraph
24		(5).
25		(2) For each nursing home with Medicaid residents as
26		indicated by the MDS data defined in paragraph (4),

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1		weighted days adjusted for case mix and regional wage
2		adjustment shall be calculated. For each home this
3		calculation is the product of:
4		(A) Base year resident days as calculated in
5		subparagraph (A) of paragraph (1).
6		(B) The nursing home's regional wage adjustor
7		based on the Health Service Areas (HSA) groupings and
8		adjustors in effect on April 30, 2012.
9		(C) Facility weighted case mix which is the number
10		of Medicaid residents as indicated by the MDS data
11		defined in paragraph (4) multiplied by the associated
12		case weight for the RUG-IV 48 grouper model using
13		standard RUG-IV procedures for index maximization.
14		(D) The sum of the products calculated for each
15		nursing home in subparagraphs (A) through (C) above
16		shall be the base year case mix, rate adjusted
17		weighted days.
18		(3) The Statewide RUG-IV nursing base per diem rate:
19		(A) on January 1, 2014 shall be the quotient of the
20		paragraph (1) divided by the sum calculated under
21		subparagraph (D) of paragraph (2); and
22		(B) on and after July 1, 2014, shall be the amount
23		calculated under subparagraph (A) of this paragraph
24		(3) plus $1.76.
25		(4) Minimum Data Set (MDS) comprehensive assessments
26		for Medicaid residents on the last day of the quarter used

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1		to establish the base rate.
2		(5) Nursing facilities designated as of July 1, 2012
3		by the Department as "Institutions for Mental Disease"
4		shall be excluded from all calculations under this
5		subsection. The data from these facilities shall not be
6		used in the computations described in paragraphs (1)
7		through (4) above to establish the base rate.
8		(e) Beginning July 1, 2014, the Department shall allocate
9		funding in the amount up to $10,000,000 for per diem add-ons to
10		the RUGS methodology for dates of service on and after July 1,
11		2014:
12		(1) $0.63 for each resident who scores in I4200
13		Alzheimer's Disease or I4800 non-Alzheimer's Dementia.
14		(2) $2.67 for each resident who scores either a "1" or
15		"2" in any items S1200A through S1200I and also scores in
16		RUG groups PA1, PA2, BA1, or BA2.
17		(e-1) (Blank).
18		(e-2) For dates of services beginning January 1, 2014, the
19		RUG-IV nursing component per diem for a nursing home shall be
20		the product of the statewide RUG-IV nursing base per diem
21		rate, the facility average case mix index, and the regional
22		wage adjustor. Transition rates for services provided between
23		January 1, 2014 and December 31, 2014 shall be as follows:
24		(1) The transition RUG-IV per diem nursing rate for
25		nursing homes whose rate calculated in this subsection
26		(e-2) is greater than the nursing component rate in effect

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1		July 1, 2012 shall be paid the sum of:
2		(A) The nursing component rate in effect July 1,
3		2012; plus
4		(B) The difference of the RUG-IV nursing component
5		per diem calculated for the current quarter minus the
6		nursing component rate in effect July 1, 2012
7		multiplied by 0.88.
8		(2) The transition RUG-IV per diem nursing rate for
9		nursing homes whose rate calculated in this subsection
10		(e-2) is less than the nursing component rate in effect
11		July 1, 2012 shall be paid the sum of:
12		(A) The nursing component rate in effect July 1,
13		2012; plus
14		(B) The difference of the RUG-IV nursing component
15		per diem calculated for the current quarter minus the
16		nursing component rate in effect July 1, 2012
17		multiplied by 0.13.
18		(f) Notwithstanding any other provision of this Code, on
19		and after July 1, 2012, reimbursement rates associated with
20		the nursing or support components of the current nursing
21		facility rate methodology shall not increase beyond the level
22		effective May 1, 2011 until a new reimbursement system based
23		on the RUGs IV 48 grouper model has been fully
24		operationalized.
25		(g) Notwithstanding any other provision of this Code, on
26		and after July 1, 2012, for facilities not designated by the

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1		Department of Healthcare and Family Services as "Institutions
2		for Mental Disease", rates effective May 1, 2011 shall be
3		adjusted as follows:
4		(1) Individual nursing rates for residents classified
5		in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter
6		ending March 31, 2012 shall be reduced by 10%;
7		(2) Individual nursing rates for residents classified
8		in all other RUG IV groups shall be reduced by 1.0%;
9		(3) Facility rates for the capital and support
10		components shall be reduced by 1.7%.
11		(h) Notwithstanding any other provision of this Code, on
12		and after July 1, 2012, nursing facilities designated by the
13		Department of Healthcare and Family Services as "Institutions
14		for Mental Disease" and "Institutions for Mental Disease" that
15		are facilities licensed under the Specialized Mental Health
16		Rehabilitation Act of 2013 shall have the nursing,
17		socio-developmental, capital, and support components of their
18		reimbursement rate effective May 1, 2011 reduced in total by
19		2.7%.
20		(i) On and after July 1, 2014, the reimbursement rates for
21		the support component of the nursing facility rate for
22		facilities licensed under the Nursing Home Care Act as skilled
23		or intermediate care facilities shall be the rate in effect on
24		June 30, 2014 increased by 8.17%.
25		(j) Notwithstanding any other provision of law, subject to
26		federal approval, effective July 1, 2019, sufficient funds

SB2435 Enrolled - 1442 - LRB102 04062 AMC 14078 b
1		shall be allocated for changes to rates for facilities
2		licensed under the Nursing Home Care Act as skilled nursing
3		facilities or intermediate care facilities for dates of
4		services on and after July 1, 2019: (i) to establish a per diem
5		add-on to the direct care per diem rate not to exceed
6		$70,000,000 annually in the aggregate taking into account
7		federal matching funds for the purpose of addressing the
8		facility's unique staffing needs, adjusted quarterly and
9		distributed by a weighted formula based on Medicaid bed days
10		on the last day of the second quarter preceding the quarter for
11		which the rate is being adjusted; and (ii) in an amount not to
12		exceed $170,000,000 annually in the aggregate taking into
13		account federal matching funds to permit the support component
14		of the nursing facility rate to be updated as follows:
15		(1) 80%, or $136,000,000, of the funds shall be used
16		to update each facility's rate in effect on June 30, 2019
17		using the most recent cost reports on file, which have had
18		a limited review conducted by the Department of Healthcare
19		and Family Services and will not hold up enacting the rate
20		increase, with the Department of Healthcare and Family
21		Services and taking into account subsection (i).
22		(2) After completing the calculation in paragraph (1),
23		any facility whose rate is less than the rate in effect on
24		June 30, 2019 shall have its rate restored to the rate in
25		effect on June 30, 2019 from the 20% of the funds set
26		aside.

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1		(3) The remainder of the 20%, or $34,000,000, shall be
2		used to increase each facility's rate by an equal
3		percentage.
4		To implement item (i) in this subsection, facilities shall
5		file quarterly reports documenting compliance with its
6		annually approved staffing plan, which shall permit compliance
7		with Section 3-202.05 of the Nursing Home Care Act. A facility
8		that fails to meet the benchmarks and dates contained in the
9		plan may have its add-on adjusted in the quarter following the
10		quarterly review. Nothing in this Section shall limit the
11		ability of the facility to appeal a ruling of non-compliance
12		and a subsequent reduction to the add-on. Funds adjusted for
13		noncompliance shall be maintained in the Long-Term Care
14		Provider Fund and accounted for separately. At the end of each
15		fiscal year, these funds shall be made available to facilities
16		for special staffing projects.
17		In order to provide for the expeditious and timely
18		implementation of the provisions of Public Act 101-10 this
19		amendatory Act of the 101st General Assembly, emergency rules
20		to implement any provision of Public Act 101-10 this
21		amendatory Act of the 101st General Assembly may be adopted in
22		accordance with this subsection by the agency charged with
23		administering that provision or initiative. The agency shall
24		simultaneously file emergency rules and permanent rules to
25		ensure that there is no interruption in administrative
26		guidance. The 150-day limitation of the effective period of

SB2435 Enrolled - 1444 - LRB102 04062 AMC 14078 b
1		emergency rules does not apply to rules adopted under this
2		subsection, and the effective period may continue through June
3		30, 2021. The 24-month limitation on the adoption of emergency
4		rules does not apply to rules adopted under this subsection.
5		The adoption of emergency rules authorized by this subsection
6		is deemed to be necessary for the public interest, safety, and
7		welfare.
8		(k) (j) During the first quarter of State Fiscal Year
9		2020, the Department of Healthcare of Family Services must
10		convene a technical advisory group consisting of members of
11		all trade associations representing Illinois skilled nursing
12		providers to discuss changes necessary with federal
13		implementation of Medicare's Patient-Driven Payment Model.
14		Implementation of Medicare's Patient-Driven Payment Model
15		shall, by September 1, 2020, end the collection of the MDS data
16		that is necessary to maintain the current RUG-IV Medicaid
17		payment methodology. The technical advisory group must
18		consider a revised reimbursement methodology that takes into
19		account transparency, accountability, actual staffing as
20		reported under the federally required Payroll Based Journal
21		system, changes to the minimum wage, adequacy in coverage of
22		the cost of care, and a quality component that rewards quality
23		improvements.
24		(Source: P.A. 101-10, eff. 6-5-19; 101-348, eff. 8-9-19;
25		revised 9-18-19.)

SB2435 Enrolled - 1445 - LRB102 04062 AMC 14078 b
1		(305 ILCS 5/5-5.12) (from Ch. 23, par. 5-5.12)
2		Sec. 5-5.12. Pharmacy payments.
3		(a) Every request submitted by a pharmacy for
4		reimbursement under this Article for prescription drugs
5		provided to a recipient of aid under this Article shall
6		include the name of the prescriber or an acceptable
7		identification number as established by the Department.
8		(b) Pharmacies providing prescription drugs under this
9		Article shall be reimbursed at a rate which shall include a
10		professional dispensing fee as determined by the Illinois
11		Department, plus the current acquisition cost of the
12		prescription drug dispensed. The Illinois Department shall
13		update its information on the acquisition costs of all
14		prescription drugs no less frequently than every 30 days.
15		However, the Illinois Department may set the rate of
16		reimbursement for the acquisition cost, by rule, at a
17		percentage of the current average wholesale acquisition cost.
18		(c) (Blank).
19		(d) The Department shall review utilization of narcotic
20		medications in the medical assistance program and impose
21		utilization controls that protect against abuse.
22		(e) When making determinations as to which drugs shall be
23		on a prior approval list, the Department shall include as part
24		of the analysis for this determination, the degree to which a
25		drug may affect individuals in different ways based on factors
26		including the gender of the person taking the medication.

SB2435 Enrolled - 1446 - LRB102 04062 AMC 14078 b
1		(f) The Department shall cooperate with the Department of
2		Public Health and the Department of Human Services Division of
3		Mental Health in identifying psychotropic medications that,
4		when given in a particular form, manner, duration, or
5		frequency (including "as needed") in a dosage, or in
6		conjunction with other psychotropic medications to a nursing
7		home resident or to a resident of a facility licensed under the
8		ID/DD Community Care Act or the MC/DD Act, may constitute a
9		chemical restraint or an "unnecessary drug" as defined by the
10		Nursing Home Care Act or Titles XVIII and XIX of the Social
11		Security Act and the implementing rules and regulations. The
12		Department shall require prior approval for any such
13		medication prescribed for a nursing home resident or to a
14		resident of a facility licensed under the ID/DD Community Care
15		Act or the MC/DD Act, that appears to be a chemical restraint
16		or an unnecessary drug. The Department shall consult with the
17		Department of Human Services Division of Mental Health in
18		developing a protocol and criteria for deciding whether to
19		grant such prior approval.
20		(g) The Department may by rule provide for reimbursement
21		of the dispensing of a 90-day supply of a generic or brand
22		name, non-narcotic maintenance medication in circumstances
23		where it is cost effective.
24		(g-5) On and after July 1, 2012, the Department may
25		require the dispensing of drugs to nursing home residents be
26		in a 7-day supply or other amount less than a 31-day supply.

SB2435 Enrolled - 1447 - LRB102 04062 AMC 14078 b
1		The Department shall pay only one dispensing fee per 31-day
2		supply.
3		(h) Effective July 1, 2011, the Department shall
4		discontinue coverage of select over-the-counter drugs,
5		including analgesics and cough and cold and allergy
6		medications.
7		(h-5) On and after July 1, 2012, the Department shall
8		impose utilization controls, including, but not limited to,
9		prior approval on specialty drugs, oncolytic drugs, drugs for
10		the treatment of HIV or AIDS, immunosuppressant drugs, and
11		biological products in order to maximize savings on these
12		drugs. The Department may adjust payment methodologies for
13		non-pharmacy billed drugs in order to incentivize the
14		selection of lower-cost drugs. For drugs for the treatment of
15		AIDS, the Department shall take into consideration the
16		potential for non-adherence by certain populations, and shall
17		develop protocols with organizations or providers primarily
18		serving those with HIV/AIDS, as long as such measures intend
19		to maintain cost neutrality with other utilization management
20		controls such as prior approval. For hemophilia, the
21		Department shall develop a program of utilization review and
22		control which may include, in the discretion of the
23		Department, prior approvals. The Department may impose special
24		standards on providers that dispense blood factors which shall
25		include, in the discretion of the Department, staff training
26		and education; patient outreach and education; case

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1		management; in-home patient assessments; assay management;
2		maintenance of stock; emergency dispensing timeframes; data
3		collection and reporting; dispensing of supplies related to
4		blood factor infusions; cold chain management and packaging
5		practices; care coordination; product recalls; and emergency
6		clinical consultation. The Department may require patients to
7		receive a comprehensive examination annually at an appropriate
8		provider in order to be eligible to continue to receive blood
9		factor.
10		(i) On and after July 1, 2012, the Department shall reduce
11		any rate of reimbursement for services or other payments or
12		alter any methodologies authorized by this Code to reduce any
13		rate of reimbursement for services or other payments in
14		accordance with Section 5-5e.
15		(j) On and after July 1, 2012, the Department shall impose
16		limitations on prescription drugs such that the Department
17		shall not provide reimbursement for more than 4 prescriptions,
18		including 3 brand name prescriptions, for distinct drugs in a
19		30-day period, unless prior approval is received for all
20		prescriptions in excess of the 4-prescription limit. Drugs in
21		the following therapeutic classes shall not be subject to
22		prior approval as a result of the 4-prescription limit:
23		immunosuppressant drugs, oncolytic drugs, anti-retroviral
24		drugs, and, on or after July 1, 2014, antipsychotic drugs. On
25		or after July 1, 2014, the Department may exempt children with
26		complex medical needs enrolled in a care coordination entity

SB2435 Enrolled - 1449 - LRB102 04062 AMC 14078 b
1		contracted with the Department to solely coordinate care for
2		such children, if the Department determines that the entity
3		has a comprehensive drug reconciliation program.
4		(k) No medication therapy management program implemented
5		by the Department shall be contrary to the provisions of the
6		Pharmacy Practice Act.
7		(l) Any provider enrolled with the Department that bills
8		the Department for outpatient drugs and is eligible to enroll
9		in the federal Drug Pricing Program under Section 340B of the
10		federal Public Health Service Services Act shall enroll in
11		that program. No entity participating in the federal Drug
12		Pricing Program under Section 340B of the federal Public
13		Health Service Services Act may exclude Medicaid from their
14		participation in that program, although the Department may
15		exclude entities defined in Section 1905(l)(2)(B) of the
16		Social Security Act from this requirement.
17		(Source: P.A. 98-463, eff. 8-16-13; 98-651, eff. 6-16-14;
18		99-180, eff. 7-29-15; revised 9-2-20.)
19		(305 ILCS 5/5-30.11)
20		Sec. 5-30.11. Treatment of autism spectrum disorder.
21		Treatment of autism spectrum disorder through applied behavior
22		analysis shall be covered under the medical assistance program
23		under this Article for children with a diagnosis of autism
24		spectrum disorder when ordered by a physician licensed to
25		practice medicine in all its branches and rendered by a

SB2435 Enrolled - 1450 - LRB102 04062 AMC 14078 b
1		licensed or certified health care professional with expertise
2		in applied behavior analysis. Such coverage may be limited to
3		age ranges based on evidence-based best practices. Appropriate
4		State plan amendments as well as rules regarding provision of
5		services and providers will be submitted by September 1, 2019.
6		(Source: P.A. 101-10, eff. 6-5-19.)
7		(305 ILCS 5/5-30.13)
8		Sec. 5-30.13 5-30.11. Managed care reports; minority-owned
9		and women-owned businesses. Each Medicaid managed care health
10		plan shall submit a report to the Department by March 1, 2020,
11		and every March 1 thereafter, that includes the following
12		information:
13		(1) The administrative expenses paid to the Medicaid
14		managed care health plan.
15		(2) The amount of money the Medicaid managed care
16		health plan has spent with Business Enterprise Program
17		certified businesses.
18		(3) The amount of money the Medicaid managed care
19		health plan has spent with minority-owned and women-owned
20		businesses that are certified by other agencies or private
21		organizations.
22		(4) The amount of money the Medicaid managed care
23		health plan has spent with not-for-profit community-based
24		organizations serving predominantly minority communities,
25		as defined by the Department.

SB2435 Enrolled - 1451 - LRB102 04062 AMC 14078 b
1		(5) The proportion of minorities, people with
2		disabilities, and women that make up the staff of the
3		Medicaid managed care health plan.
4		(6) Recommendations for increasing expenditures with
5		minority-owned and women-owned businesses.
6		(7) A list of the types of services to which the
7		Medicaid managed care health plan is contemplating adding
8		new vendors.
9		(8) The certifications the Medicaid managed care
10		health plan accepts for minority-owned and women-owned
11		businesses.
12		(9) The point of contact for potential vendors seeking
13		to do business with the Medicaid managed care health plan.
14		The Department shall publish the reports on its website
15		and shall maintain each report on its website for 5 years. In
16		May of 2020 and every May thereafter, the Department shall
17		hold 2 annual public workshops, one in Chicago and one in
18		Springfield. The workshops shall include each Medicaid managed
19		care health plan and shall be open to vendor communities to
20		discuss the submitted plans and to seek to connect vendors
21		with the Medicaid managed care health plans.
22		(Source: P.A. 101-209, eff. 8-5-19; revised 10-22-19.)
23		(305 ILCS 5/5-30.14)
24		Sec. 5-30.14 5-30.11. Medicaid managed care organizations;
25		preferred drug lists.

SB2435 Enrolled - 1452 - LRB102 04062 AMC 14078 b
1		(a) No later than January 1, 2020, the Illinois Department
2		shall develop a standardized format for all Medicaid managed
3		care organization preferred drug lists in collaboration with
4		Medicaid managed care organizations and other stakeholders,
5		including, but not limited to, organizations that serve
6		individuals impacted by HIV/AIDS or epilepsy, and
7		community-based organizations, providers, and entities with
8		expertise in drug formulary development.
9		(b) Following development of the standardized Preferred
10		Drug List format, the Illinois Department shall allow Medicaid
11		managed care organizations 6 months from the date of
12		completion to comply with the new Preferred Drug List format.
13		Each Medicaid managed care organization must post its
14		preferred drug list on its website without restricting access
15		and must update the preferred drug list posted on its website.
16		Medicaid managed care organizations shall publish updates to
17		their preferred drug lists no less than 30 days prior to the
18		date upon which any update or change takes effect, including,
19		but not limited to, any and all changes to requirements for
20		prior approval requirements, step therapy, or other
21		utilization controls.
22		(c)(1) No later than January 1, 2020, the Illinois
23		Department shall establish and maintain the Illinois Drug and
24		Therapeutics Advisory Board. The Board shall have the
25		authority and responsibility to provide recommendations to the
26		Illinois Department regarding which drug products to list on

SB2435 Enrolled - 1453 - LRB102 04062 AMC 14078 b
1		the Illinois Department's preferred drug list. The Illinois
2		Department shall provide administrative support to the Board
3		and the Board shall:
4		(A) convene and meet no less than once per calendar
5		quarter;
6		(B) provide regular opportunities for public comment;
7		and
8		(C) comply with the provisions of the Open Meetings
9		Act.
10		All correspondence related to the Board, including
11		correspondence to and from Board members, shall be subject to
12		the Freedom of Information Act.
13		(2) The Board shall consist of the following voting
14		members, all of whom shall be appointed by the Governor and
15		shall serve terms of 3 years without compensation:
16		(A) one pharmacist licensed to practice pharmacy in
17		Illinois who is recommended by a statewide organization
18		representing pharmacists;
19		(B) 4 physicians, recommended by a statewide
20		organization representing physicians, who are licensed to
21		practice medicine in all its branches in Illinois, have
22		knowledge of and adhere to best practice standards, and
23		have experience treating Illinois Medicaid beneficiaries;
24		(C) at least one clinician who specializes in the
25		prevention and treatment of HIV, recommended by an HIV
26		healthcare advocacy organization;

SB2435 Enrolled - 1454 - LRB102 04062 AMC 14078 b
1		(D) at least one clinician recommended by a healthcare
2		advocacy organization that serves individuals who are
3		affected by chronic diseases that require significant
4		pharmaceutical treatments;
5		(E) one clinician representing the Illinois
6		Department; and
7		(F) one licensed psychiatrist, recommended by a
8		statewide organization representing psychiatrists, who has
9		experience treating Illinois Medicaid beneficiaries.
10		One non-voting clinician recommended by an association of
11		Medicaid managed care health plans shall serve a term of 3
12		years on the Board without compensation.
13		Organizations interested in nominating non-voting
14		clinicians to advise the Board may submit requests to
15		participate to the Illinois Department.
16		A licensed physician recommended by the Rare Disease
17		Commission who is a rare disease specialist and possesses
18		scientific knowledge and medical training with respect to rare
19		diseases and is familiar with drug and biological products and
20		treatment shall be notified in advance to attend an Illinois
21		Drug and Therapeutics Advisory Board meeting when a drug or
22		biological product is scheduled to be reviewed in order to
23		advise and make recommendations on drugs or biological
24		products.
25		(d) The Illinois Department shall adopt rules, to be in
26		place no later than January 1, 2020, for the purpose of

SB2435 Enrolled - 1455 - LRB102 04062 AMC 14078 b
1		establishing and maintaining the Board.
2		(Source: P.A. 101-62, eff. 7-12-19; revised 10-22-19.)
3		(305 ILCS 5/5-36)
4		Sec. 5-36. Pharmacy benefits.
5		(a)(1) The Department may enter into a contract with a
6		third party on a fee-for-service reimbursement model for the
7		purpose of administering pharmacy benefits as provided in this
8		Section for members not enrolled in a Medicaid managed care
9		organization; however, these services shall be approved by the
10		Department. The Department shall ensure coordination of care
11		between the third-party administrator and managed care
12		organizations as a consideration in any contracts established
13		in accordance with this Section. Any managed care techniques,
14		principles, or administration of benefits utilized in
15		accordance with this subsection shall comply with State law.
16		(2) The following shall apply to contracts between
17		entities contracting relating to the Department's third-party
18		administrators and pharmacies:
19		(A) the Department shall approve any contract between
20		a third-party administrator and a pharmacy;
21		(B) the Department's third-party administrator shall
22		not change the terms of a contract between a third-party
23		administrator and a pharmacy without written approval by
24		the Department; and
25		(C) the Department's third-party administrator shall

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1		not create, modify, implement, or indirectly establish any
2		fee on a pharmacy, pharmacist, or a recipient of medical
3		assistance without written approval by the Department.
4		(b) The provisions of this Section shall not apply to
5		outpatient pharmacy services provided by a health care
6		facility registered as a covered entity pursuant to 42 U.S.C.
7		256b or any pharmacy owned by or contracted with the covered
8		entity. A Medicaid managed care organization shall, either
9		directly or through a pharmacy benefit manager, administer and
10		reimburse outpatient pharmacy claims submitted by a health
11		care facility registered as a covered entity pursuant to 42
12		U.S.C. 256b, its owned pharmacies, and contracted pharmacies
13		in accordance with the contractual agreements the Medicaid
14		managed care organization or its pharmacy benefit manager has
15		with such facilities and pharmacies. Any pharmacy benefit
16		manager that contracts with a Medicaid managed care
17		organization to administer and reimburse pharmacy claims as
18		provided in this Section must be registered with the Director
19		of Insurance in accordance with Section 513b2 of the Illinois
20		Insurance Code.
21		(c) On at least an annual basis, the Director of the
22		Department of Healthcare and Family Services shall submit a
23		report beginning no later than one year after January 1, 2020
24		(the effective date of Public Act 101-452) this amendatory Act
25		of the 101st General Assembly that provides an update on any
26		contract, contract issues, formulary, dispensing fees, and

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1		maximum allowable cost concerns regarding a third-party
2		administrator and managed care. The requirement for reporting
3		to the General Assembly shall be satisfied by filing copies of
4		the report with the Speaker, the Minority Leader, and the
5		Clerk of the House of Representatives and with the President,
6		the Minority Leader, and the Secretary of the Senate. The
7		Department shall take care that no proprietary information is
8		included in the report required under this Section.
9		(d) A pharmacy benefit manager shall notify the Department
10		in writing of any activity, policy, or practice of the
11		pharmacy benefit manager that directly or indirectly presents
12		a conflict of interest that interferes with the discharge of
13		the pharmacy benefit manager's duty to a managed care
14		organization to exercise its contractual duties. "Conflict of
15		interest" shall be defined by rule by the Department.
16		(e) A pharmacy benefit manager shall, upon request,
17		disclose to the Department the following information:
18		(1) whether the pharmacy benefit manager has a
19		contract, agreement, or other arrangement with a
20		pharmaceutical manufacturer to exclusively dispense or
21		provide a drug to a managed care organization's enrollees,
22		and the aggregate amounts of consideration of economic
23		benefits collected or received pursuant to that
24		arrangement;
25		(2) the percentage of claims payments made by the
26		pharmacy benefit manager to pharmacies owned, managed, or

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1		controlled by the pharmacy benefit manager or any of the
2		pharmacy benefit manager's management companies, parent
3		companies, subsidiary companies, or jointly held
4		companies;
5		(3) the aggregate amount of the fees or assessments
6		imposed on, or collected from, pharmacy providers; and
7		(4) the average annualized percentage of revenue
8		collected by the pharmacy benefit manager as a result of
9		each contract it has executed with a managed care
10		organization contracted by the Department to provide
11		medical assistance benefits which is not paid by the
12		pharmacy benefit manager to pharmacy providers and
13		pharmaceutical manufacturers or labelers or in order to
14		perform administrative functions pursuant to its contracts
15		with managed care organizations.
16		(f) The information disclosed under subsection (e) shall
17		include all retail, mail order, specialty, and compounded
18		prescription products. All information made available to the
19		Department under subsection (e) is confidential and not
20		subject to disclosure under the Freedom of Information Act.
21		All information made available to the Department under
22		subsection (e) shall not be reported or distributed in any way
23		that compromises its competitive, proprietary, or financial
24		value. The information shall only be used by the Department to
25		assess the contract, agreement, or other arrangements made
26		between a pharmacy benefit manager and a pharmacy provider,

SB2435 Enrolled - 1459 - LRB102 04062 AMC 14078 b
1		pharmaceutical manufacturer or labeler, managed care
2		organization, or other entity, as applicable.
3		(g) A pharmacy benefit manager shall disclose directly in
4		writing to a pharmacy provider or pharmacy services
5		administrative organization contracting with the pharmacy
6		benefit manager of any material change to a contract provision
7		that affects the terms of the reimbursement, the process for
8		verifying benefits and eligibility, dispute resolution,
9		procedures for verifying drugs included on the formulary, and
10		contract termination at least 30 days prior to the date of the
11		change to the provision. The terms of this subsection shall be
12		deemed met if the pharmacy benefit manager posts the
13		information on a website, viewable by the public. A pharmacy
14		service administration organization shall notify all contract
15		pharmacies of any material change, as described in this
16		subsection, within 2 days of notification. As used in this
17		Section, "pharmacy services administrative organization" means
18		an entity operating within the State that contracts with
19		independent pharmacies to conduct business on their behalf
20		with third-party payers. A pharmacy services administrative
21		organization may provide administrative services to pharmacies
22		and negotiate and enter into contracts with third-party payers
23		or pharmacy benefit managers on behalf of pharmacies.
24		(h) A pharmacy benefit manager shall not include the
25		following in a contract with a pharmacy provider:
26		(1) a provision prohibiting the provider from

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1		informing a patient of a less costly alternative to a
2		prescribed medication; or
3		(2) a provision that prohibits the provider from
4		dispensing a particular amount of a prescribed medication,
5		if the pharmacy benefit manager allows that amount to be
6		dispensed through a pharmacy owned or controlled by the
7		pharmacy benefit manager, unless the prescription drug is
8		subject to restricted distribution by the United States
9		Food and Drug Administration or requires special handling,
10		provider coordination, or patient education that cannot be
11		provided by a retail pharmacy.
12		(i) Nothing in this Section shall be construed to prohibit
13		a pharmacy benefit manager from requiring the same
14		reimbursement and terms and conditions for a pharmacy provider
15		as for a pharmacy owned, controlled, or otherwise associated
16		with the pharmacy benefit manager.
17		(j) A pharmacy benefit manager shall establish and
18		implement a process for the resolution of disputes arising out
19		of this Section, which shall be approved by the Department.
20		(k) The Department shall adopt rules establishing
21		reasonable dispensing fees for fee-for-service payments in
22		accordance with guidance or guidelines from the federal
23		Centers for Medicare and Medicaid Services.
24		(Source: P.A. 101-452, eff. 1-1-20; revised 10-22-19.)
25		(305 ILCS 5/5-36.5)

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1		Sec. 5-36.5 5-36. Education on mental health and substance
2		use treatment services for children and young adults. The
3		Department of Healthcare and Family Services shall develop a
4		layman's guide to the mental health and substance use
5		treatment services available in Illinois through the Medical
6		Assistance Program and through the Family Support Program, or
7		other publicly funded programs, similar to what Massachusetts
8		developed, to help families understand what services are
9		available to them when they have a child in need of treatment
10		or support. The guide shall be in easy-to-understand language,
11		be prominently available on the Department of Healthcare and
12		Family Services' website, and be part of a statewide
13		communications campaign to ensure families are aware of Family
14		Support Program services. It shall briefly explain the service
15		and whether it is covered by the Medical Assistance Program,
16		the Family Support Program, or any other public funding
17		source. Within one year after January 1, 2020 (the effective
18		date of Public Act 101-461) this amendatory Act of the 101st
19		General Assembly, the Department of Healthcare and Family
20		Services shall complete this guide, have it available on its
21		website, and launch the communications campaign.
22		(Source: P.A. 101-461, eff. 1-1-20; revised 10-22-19.)
23		(305 ILCS 5/5H-1)
24		Sec. 5H-1. Definitions. As used in this Article:
25		"Base year" means the 12-month period from January 1, 2018

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1		to December 31, 2018.
2		"Department" means the Department of Healthcare and Family
3		Services.
4		"Federal employee health benefit" means the program of
5		health benefits plans, as defined in 5 U.S.C. 8901, available
6		to federal employees under 5 U.S.C. 8901 to 8914.
7		"Fund" means the Healthcare Provider Relief Fund.
8		"Managed care organization" means an entity operating
9		under a certificate of authority issued pursuant to the Health
10		Maintenance Organization Act or as a Managed Care Community
11		Network pursuant to Section 5-11 of this the Public Aid Code.
12		"Medicaid managed care organization" means a managed care
13		organization under contract with the Department to provide
14		services to recipients of benefits in the medical assistance
15		program pursuant to Article V of this the Public Aid Code, the
16		Children's Health Insurance Program Act, or the Covering ALL
17		KIDS Health Insurance Act. It does not include contracts the
18		same entity or an affiliated entity has for other business.
19		"Medicare" means the federal Medicare program established
20		under Title XVIII of the federal Social Security Act.
21		"Member months" means the aggregate total number of months
22		all individuals are enrolled for coverage in a Managed Care
23		Organization during the base year. Member months are
24		determined by the Department for Medicaid Managed Care
25		Organizations based on enrollment data in its Medicaid
26		Management Information System and by the Department of

SB2435 Enrolled - 1463 - LRB102 04062 AMC 14078 b
1		Insurance for other Managed Care Organizations based on
2		required filings with the Department of Insurance. Member
3		months do not include months individuals are enrolled in a
4		Limited Health Services Organization, including stand-alone
5		dental or vision plans, a Medicare Advantage Plan, a Medicare
6		Supplement Plan, a Medicaid Medicare Alignment Initiate Plan
7		pursuant to a Memorandum of Understanding between the
8		Department and the Federal Centers for Medicare and Medicaid
9		Services or a Federal Employee Health Benefits Plan.
10		(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
11		(305 ILCS 5/5H-5)
12		Sec. 5H-5. Liability or resultant entities. In the event
13		of a merger, acquisition, or any similar transaction involving
14		entities subject to the assessment under this Article, the
15		resultant entity shall be responsible for the full amount of
16		the assessment for all entities involved in the transaction
17		with the member months allotted to tiers as they were prior to
18		the transaction and no member months shall change tiers as a
19		result of any transaction. A managed care organization that
20		ceases doing business in the State during any fiscal year
21		shall be liable only for the monthly installments due in
22		months that it they operated in the State. The Department
23		shall by rule establish a methodology to set the assessment
24		base member months for a managed care organization that begins
25		operating in the State at any time after 2018. Nothing in this

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1		Section shall be construed to limit authority granted in
2		subsection (c) of Section 5H-3.
3		(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
4		(305 ILCS 5/5H-6)
5		Sec. 5H-6. Recordkeeping; penalties.
6		(a) A managed care organization that is liable for the
7		assessment under this Article shall keep accurate and complete
8		records and pertinent documents as may be required by the
9		Department. Records required by the Department shall be
10		retained for a period of 4 years after the assessment imposed
11		under this Act to which the records apply is due or as
12		otherwise provided by law. The Department or the Department of
13		Insurance may audit all records necessary to ensure compliance
14		with this Article and make adjustments to assessment amounts
15		previously calculated based on the results of any such audit.
16		(b) If a managed care organization fails to make a payment
17		due under this Article in a timely fashion, it they shall pay
18		an additional penalty of 5% of the amount of the installment
19		not paid on or before the due date, or any grace period
20		granted, plus 5% of the portion thereof remaining unpaid on
21		the last day of each 30-day period thereafter. The Department
22		is authorized to grant grace periods of up to 30 days upon
23		request of a managed care organization for good cause due to
24		financial or other difficulties, as determined by the
25		Department. If a managed care organization fails to make a

SB2435 Enrolled - 1465 - LRB102 04062 AMC 14078 b
1		payment within 60 days after the due date the Department shall
2		additionally impose a contractual sanction allowed against a
3		Medicaid managed care organization and may terminate any such
4		contract. The Department of Insurance shall take action
5		against the certificate of authority of a non-Medicaid managed
6		care organization that fails to pay an installment within 60
7		days after the due date.
8		(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
9		(305 ILCS 5/11-5.4)
10		Sec. 11-5.4. Expedited long-term care eligibility
11		determination and enrollment.
12		(a) Establishment of the expedited long-term care
13		eligibility determination and enrollment system shall be a
14		joint venture of the Departments of Human Services and
15		Healthcare and Family Services and the Department on Aging.
16		(b) Streamlined application enrollment process; expedited
17		eligibility process. The streamlined application and
18		enrollment process must include, but need not be limited to,
19		the following:
20		(1) On or before July 1, 2019, a streamlined
21		application and enrollment process shall be put in place
22		which must include, but need not be limited to, the
23		following:
24		(A) Minimize the burden on applicants by
25		collecting only the data necessary to determine

SB2435 Enrolled - 1466 - LRB102 04062 AMC 14078 b
1		eligibility for medical services, long-term care
2		services, and spousal impoverishment offset.
3		(B) Integrate online data sources to simplify the
4		application process by reducing the amount of
5		information needed to be entered and to expedite
6		eligibility verification.
7		(C) Provide online prompts to alert the applicant
8		that information is missing or not complete.
9		(D) Provide training and step-by-step written
10		instructions for caseworkers, applicants, and
11		providers.
12		(2) The State must expedite the eligibility process
13		for applicants meeting specified guidelines, regardless of
14		the age of the application. The guidelines, subject to
15		federal approval, must include, but need not be limited
16		to, the following individually or collectively:
17		(A) Full Medicaid benefits in the community for a
18		specified period of time.
19		(B) No transfer of assets or resources during the
20		federally prescribed look-back period, as specified in
21		federal law.
22		(C) Receives Supplemental Security Income payments
23		or was receiving such payments at the time of
24		admission to a nursing facility.
25		(D) For applicants or recipients with verified
26		income at or below 100% of the federal poverty level

SB2435 Enrolled - 1467 - LRB102 04062 AMC 14078 b
1		when the declared value of their countable resources
2		is no greater than the allowable amounts pursuant to
3		Section 5-2 of this Code for classes of eligible
4		persons for whom a resource limit applies. Such
5		simplified verification policies shall apply to
6		community cases as well as long-term care cases.
7		(3) Subject to federal approval, the Department of
8		Healthcare and Family Services must implement an ex parte
9		renewal process for Medicaid-eligible individuals residing
10		in long-term care facilities. "Renewal" has the same
11		meaning as "redetermination" in State policies,
12		administrative rule, and federal Medicaid law. The ex
13		parte renewal process must be fully operational on or
14		before January 1, 2019. If an individual has transferred
15		to another long-term care facility, any annual notice
16		concerning redetermination of eligibility must be sent to
17		the long-term care facility where the individual resides
18		as well as to the individual.
19		(4) The Department of Human Services must use the
20		standards and distribution requirements described in this
21		subsection and in Section 11-6 for notification of missing
22		supporting documents and information during all phases of
23		the application process: initial, renewal, and appeal.
24		(c) The Department of Human Services must adopt policies
25		and procedures to improve communication between long-term care
26		benefits central office personnel, applicants and their

SB2435 Enrolled - 1468 - LRB102 04062 AMC 14078 b
1		representatives, and facilities in which the applicants
2		reside. Such policies and procedures must at a minimum permit
3		applicants and their representatives and the facility in which
4		the applicants reside to speak directly to an individual
5		trained to take telephone inquiries and provide appropriate
6		responses.
7		(d) Effective 30 days after the completion of 3 regionally
8		based trainings, nursing facilities shall submit all
9		applications for medical assistance online via the Application
10		for Benefits Eligibility (ABE) website. This requirement shall
11		extend to scanning and uploading with the online application
12		any required additional forms such as the Long Term Care
13		Facility Notification and the Additional Financial Information
14		for Long Term Care Applicants as well as scanned copies of any
15		supporting documentation. Long-term care facility admission
16		documents must be submitted as required in Section 5-5 of this
17		Code. No local Department of Human Services office shall
18		refuse to accept an electronically filed application. No
19		Department of Human Services office shall request submission
20		of any document in hard copy.
21		(e) Notwithstanding any other provision of this Code, the
22		Department of Human Services and the Department of Healthcare
23		and Family Services' Office of the Inspector General shall,
24		upon request, allow an applicant additional time to submit
25		information and documents needed as part of a review of
26		available resources or resources transferred during the

SB2435 Enrolled - 1469 - LRB102 04062 AMC 14078 b
1		look-back period. The initial extension shall not exceed 30
2		days. A second extension of 30 days may be granted upon
3		request. Any request for information issued by the State to an
4		applicant shall include the following: an explanation of the
5		information required and the date by which the information
6		must be submitted; a statement that failure to respond in a
7		timely manner can result in denial of the application; a
8		statement that the applicant or the facility in the name of the
9		applicant may seek an extension; and the name and contact
10		information of a caseworker in case of questions. Any such
11		request for information shall also be sent to the facility. In
12		deciding whether to grant an extension, the Department of
13		Human Services or the Department of Healthcare and Family
14		Services' Office of the Inspector General shall take into
15		account what is in the best interest of the applicant. The time
16		limits for processing an application shall be tolled during
17		the period of any extension granted under this subsection.
18		(f) The Department of Human Services and the Department of
19		Healthcare and Family Services must jointly compile data on
20		pending applications, denials, appeals, and redeterminations
21		into a monthly report, which shall be posted on each
22		Department's website for the purposes of monitoring long-term
23		care eligibility processing. The report must specify the
24		number of applications and redeterminations pending long-term
25		care eligibility determination and admission and the number of
26		appeals of denials in the following categories:

SB2435 Enrolled - 1470 - LRB102 04062 AMC 14078 b
1		(A) Length of time applications, redeterminations, and
2		appeals are pending - 0 to 45 days, 46 days to 90 days, 91
3		days to 180 days, 181 days to 12 months, over 12 months to
4		18 months, over 18 months to 24 months, and over 24 months.
5		(B) Percentage of applications and redeterminations
6		pending in the Department of Human Services' Family
7		Community Resource Centers, in the Department of Human
8		Services' long-term care hubs, with the Department of
9		Healthcare and Family Services' Office of Inspector
10		General, and those applications which are being tolled due
11		to requests for extension of time for additional
12		information.
13		(C) Status of pending applications, denials, appeals,
14		and redeterminations.
15		(g) Beginning on July 1, 2017, the Auditor General shall
16		report every 3 years to the General Assembly on the
17		performance and compliance of the Department of Healthcare and
18		Family Services, the Department of Human Services, and the
19		Department on Aging in meeting the requirements of this
20		Section and the federal requirements concerning eligibility
21		determinations for Medicaid long-term care services and
22		supports, and shall report any issues or deficiencies and make
23		recommendations. The Auditor General shall, at a minimum,
24		review, consider, and evaluate the following:
25		(1) compliance with federal regulations on furnishing
26		services as related to Medicaid long-term care services

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1		and supports as provided under 42 CFR 435.930;
2		(2) compliance with federal regulations on the timely
3		determination of eligibility as provided under 42 CFR
4		435.912;
5		(3) the accuracy and completeness of the report
6		required under paragraph (9) of subsection (e);
7		(4) the efficacy and efficiency of the task-based
8		process used for making eligibility determinations in the
9		centralized offices of the Department of Human Services
10		for long-term care services, including the role of the
11		State's integrated eligibility system, as opposed to the
12		traditional caseworker-specific process from which these
13		central offices have converted; and
14		(5) any issues affecting eligibility determinations
15		related to the Department of Human Services' staff
16		completing Medicaid eligibility determinations instead of
17		the designated single-state Medicaid agency in Illinois,
18		the Department of Healthcare and Family Services.
19		The Auditor General's report shall include any and all
20		other areas or issues which are identified through an annual
21		review. Paragraphs (1) through (5) of this subsection shall
22		not be construed to limit the scope of the annual review and
23		the Auditor General's authority to thoroughly and completely
24		evaluate any and all processes, policies, and procedures
25		concerning compliance with federal and State law requirements
26		on eligibility determinations for Medicaid long-term care

SB2435 Enrolled - 1472 - LRB102 04062 AMC 14078 b
1		services and supports.
2		(h) The Department of Healthcare and Family Services shall
3		adopt any rules necessary to administer and enforce any
4		provision of this Section. Rulemaking shall not delay the full
5		implementation of this Section.
6		(i) Beginning on June 29, 2018, provisional eligibility
7		for medical assistance under Article V of this Code, in the
8		form of a recipient identification number and any other
9		necessary credentials to permit an applicant to receive
10		covered services under Article V, must be issued to any
11		applicant who has not received a determination on his or her
12		application for Medicaid and Medicaid long-term care services
13		filed simultaneously or, if already Medicaid enrolled,
14		application for Medicaid long-term care services under Article
15		V of this Code within the federally prescribed timeliness
16		requirements for determinations on such applications. The
17		Department of Healthcare and Family Services must maintain the
18		applicant's provisional eligibility status until a
19		determination is made on the individual's application for
20		long-term care services. The Department of Healthcare and
21		Family Services or the managed care organization, if
22		applicable, must reimburse providers for services rendered
23		during an applicant's provisional eligibility period.
24		(1) Claims for services rendered to an applicant with
25		provisional eligibility status must be submitted and
26		processed in the same manner as those submitted on behalf

SB2435 Enrolled - 1473 - LRB102 04062 AMC 14078 b
1		of beneficiaries determined to qualify for benefits.
2		(2) An applicant with provisional eligibility status
3		must have his or her long-term care benefits paid for
4		under the State's fee-for-service system during the period
5		of provisional eligibility. If an individual otherwise
6		eligible for medical assistance under Article V of this
7		Code is enrolled with a managed care organization for
8		community benefits at the time the individual's
9		provisional eligibility for long-term care services is
10		issued, the managed care organization is only responsible
11		for paying benefits covered under the capitation payment
12		received by the managed care organization for the
13		individual.
14		(3) The Department of Healthcare and Family Services,
15		within 10 business days of issuing provisional eligibility
16		to an applicant, must submit to the Office of the
17		Comptroller for payment a voucher for all retroactive
18		reimbursement due. The Department of Healthcare and Family
19		Services must clearly identify such vouchers as
20		provisional eligibility vouchers.
21		(Source: P.A. 100-380, eff. 8-25-17; 100-665, eff. 8-2-18;
22		100-1141, eff. 11-28-18; 101-101, eff. 1-1-20; 101-209, eff.
23		8-5-19; 101-265, eff. 8-9-19; 101-559, eff. 8-23-19; revised
24		9-19-19.)
25		(305 ILCS 5/12-4.13c)

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1		Sec. 12-4.13c. SNAP Restaurant Meals Program.
2		(a) Subject to federal approval of the plan for operating
3		the Program, the Department of Human Services shall establish
4		a Restaurant Meals Program as part of the federal Supplemental
5		Nutrition Assistance Program (SNAP). Under the Restaurant
6		Meals Program, households containing elderly or disabled
7		members, and their spouses, as defined in 7 U.S.C. 2012(j), or
8		homeless individuals, as defined in 7 U.S.C. 2012(l), shall
9		have the option in accordance with 7 U.S.C. 2012(k) to redeem
10		their SNAP benefits at private establishments that contract
11		with the Department to offer meals for eligible individuals at
12		concessional prices subject to 7 U.S.C. 2018(h). The
13		Restaurant Meals Program shall be operational no later than
14		July 1, 2021.
15		(b) The Department of Human Services shall adopt any rules
16		necessary to implement the provisions of this Section.
17		(Source: P.A. 101-10, eff. 6-5-19; 101-110, eff. 7-19-19.)
18		(305 ILCS 5/12-4.13d)
19		Sec. 12-4.13d 12-4.13c. SNAP eligibility notification;
20		college students.
21		(a) To complement student financial assistance programs
22		and to enhance their effectiveness for students with financial
23		need, the Illinois Student Assistance Commission (ISAC) shall
24		annually include information about the Supplemental Nutrition
25		Assistance Program (SNAP) in the language that schools are

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1		required to provide to students eligible for the Monetary
2		Award Program grant. The language shall, at a minimum, direct
3		students to information about college student eligibility
4		criteria for SNAP, and it shall direct students to the
5		Department of Human Services and to the Illinois Hunger
6		Coalition's Hunger Hotline for additional information.
7		(b) Illinois institutions of higher education that
8		participate in the Monetary Award Program (MAP) shall provide
9		the notice described in subsection (a) to all students who are
10		enrolled, or who are accepted for enrollment and intending to
11		enroll, and who have been identified by ISAC as MAP-eligible
12		at the institution. If possible, the institution may designate
13		a public benefits liaison or single point person to assist
14		students in taking the necessary steps to obtain public
15		benefits if eligible.
16		(c) ISAC shall adopt any rules necessary to implement the
17		provisions of this Section on or before October 1, 2020.
18		(Source: P.A. 101-560, eff. 8-23-19; revised 10-22-19.)
19		Section 610. The Intergenerational Poverty Act is amended
20		by changing Sections 95-102, 95-301, 95-304, and 95-502 as
21		follows:
22		(305 ILCS 70/95-102)
23		Sec. 95-102. Definitions. As used in this Act:
24		"Antipoverty program" means a program with the primary

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1		goal of lifting individuals out of poverty and improving
2		economic opportunities for individuals that operates, in whole
3		or in part, utilizing federal or State money.
4		"Asset poverty" means the inability of an individual to
5		access wealth resources sufficient to provide for basic needs
6		for a period of 3 months.
7		"Child" means an individual who is under 18 years of age.
8		"Commission" means the Commission on Poverty Elimination
9		and Economic Security established under subsection (a) of
10		Section 95-501 501.
11		"State poverty measure" means a uniform method for
12		measuring poverty in this State that considers indicators and
13		measures, other than traditional income-based measures of
14		poverty, that provide a detailed picture of low-income and
15		poverty populations and meaningfully account for other factors
16		contributing to poverty and may include:
17		(1) access to health care, housing, proper nutrition,
18		and quality education;
19		(2) the number of individuals kept out of poverty by
20		government supports;
21		(3) the number of individuals who are impoverished due
22		to medical expenses, child care child-care expenses, or
23		work expenses;
24		(4) the rates of food insecurity;
25		(5) the number of individuals in asset poverty;
26		(6) the number of disconnected youth;

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1		(7) the teen birth rate;
2		(8) the participation rate in federal and State
3		antipoverty programs for all eligible populations;
4		(9) the number of individuals who do not use a bank or
5		similar financial institution;
6		(10) regional differences in costs of living;
7		(11) income necessary to achieve economic security and
8		a livable standard of living in different regions of this
9		State;
10		(12) the impact of rising income inequality;
11		(13) the impact of the digital divide; and
12		(14) the impact of trauma on intergenerational
13		poverty.
14		"Cycle of poverty" means the set of factors or events by
15		which the long-term poverty of an individual is likely to
16		continue and be experienced by each child of the individual
17		when the child becomes an adult unless there is outside
18		intervention.
19		"Deep poverty" means an economic condition where an
20		individual or family has a total annual income that is less
21		than 50% of the federal poverty level for the individual or
22		family as provided in the annual report of the United States
23		Census Bureau on Income, Poverty and Health Insurance Coverage
24		in the United States.
25		"Department" means the Department of Human Services.
26		"Deprivation" means a lack of adequate nutrition, health

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1		care, housing, or other resources to provide for basic needs.
2		"Digital divide" means the gap between individuals,
3		households, businesses, and geographic areas at different
4		socioeconomic levels related to access to information and
5		communication technologies, including the imbalance in
6		physical access to technology and the resources, education,
7		and skills needed to effectively use computer technology and
8		the Internet for a wide variety of activities.
9		"Disconnected youth" means individuals who are 16 years of
10		age to 25 years of age who are unemployed and not enrolled in
11		school.
12		"Disparate impact" means the historic and ongoing impacts
13		of the pattern and practice of discrimination in employment,
14		education, housing, banking, and other aspects of life in the
15		economy, society, or culture that have an adverse impact on
16		minorities, women, or other protected groups, regardless of
17		whether those practices are motivated by discriminatory
18		intent.
19		"Economic insecurity" means the inability to cope with
20		routine adverse or costly life events and recover from the
21		costly consequences of those events and the lack of economic
22		means to maintain an adequate standard of living.
23		"Economic security" means having access to the economic
24		means and support necessary to effectively cope with adverse
25		or costly life events and recover from the consequences of
26		such events while maintaining an adequate standard of living.

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1		"Intergenerational poverty" means poverty in which 2 or
2		more successive generations of a family continue in the cycle
3		of poverty and government dependence. The term does not
4		include situational poverty.
5		"Outcome" means a change in the economic status, economic
6		instability, or economic security of an individual, household,
7		or other population that is attributable to a planned
8		intervention, benefit, service, or series of interventions,
9		benefits, and services, regardless of whether the
10		intervention, benefit, or service was intended to change the
11		economic status, economic stability, or economic security.
12		"Poverty" means an economic condition in which an
13		individual or family has a total annual income that is less
14		than the federal poverty level for the individual or family,
15		as provided in the report of the United States Census Bureau on
16		Income, Poverty and Health Insurance Coverage in the United
17		States.
18		"Regional cost of living" means a measure of the costs of
19		maintaining an adequate standard of living in differing
20		regional, geographic, urban, or rural regions of this State.
21		"Situational poverty" means temporary poverty that meets
22		all of the following:
23		(1) Is generally traceable to a specific incident or
24		time period within the lifetime of an individual.
25		(2) Is not continued to the next generation.
26		"Strategic plan" means the plan provided for under Section

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1		95-502 502.
2		"System" means the Intergenerational Poverty Tracking
3		System established under subsection (a) of Section 95-301 301.
4		"Two-generation approach" means an approach to breaking
5		the cycle of intergenerational poverty by improving family
6		economic security through programs that create opportunities
7		for and address the needs of parents and children together.
8		"Workgroup" means the Interagency Workgroup on Poverty and
9		Economic Insecurity established under Section 95-302 302.
10		(Source: P.A. 101-636, eff. 6-10-20; revised 8-26-20.)
11		(305 ILCS 70/95-301)
12		Sec. 95-301. Intergenerational poverty tracking system.
13		(a) Establishment. Subject to appropriations, the
14		Department shall establish and maintain a data system to track
15		intergenerational poverty.
16		(b) System requirements. The system shall have the ability
17		to do all of the following:
18		(1) Identify groups that have a high risk of
19		experiencing intergenerational poverty.
20		(2) Identify incidents, patterns, and trends that
21		explain or contribute to intergenerational poverty.
22		(3) Gather and track available local, State, and
23		national data on all of the following:
24		(i) Official poverty rates.
25		(ii) Child poverty rates.

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1		(iii) Years spent by an individual in childhood
2		poverty.
3		(iv) Years spent by an individual in adult
4		poverty.
5		(v) Related poverty information.
6		(c) Duties of the Department. The Department shall do all
7		of the following:
8		(1) Use available data in the system, including public
9		assistance data, census data, and other data made
10		available to the Department, to track intergenerational
11		poverty.
12		(2) Develop and implement methods to integrate,
13		compare, analyze, and validate the data for the purposes
14		described under subsection (b).
15		(3) Protect the privacy of an individual living in
16		poverty by using and distributing data within the system
17		in compliance with federal and State laws.
18		(4) Include, in the report required under Section
19		95-304 304, a summary of the data, findings, and potential
20		additional uses of the system.
21		(Source: P.A. 101-636, eff. 6-10-20; revised 8-26-20.)
22		(305 ILCS 70/95-304)
23		Sec. 95-304. Report.
24		(a) Report. No later than September 1 of each year, the
25		workgroup shall issue a report that includes the following:

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1		(1) A summary of actions taken and outcomes obtained
2		by the workgroup in fulfilling its duties under Section
3		95-303 303.
4		(2) Progress made on reducing poverty and economic
5		insecurity in this State, including policies or procedures
6		implemented to reduce or eliminate the cycle of poverty
7		and intergenerational poverty as a result of the data
8		collected by the workgroup.
9		(3) Relevant data assessing the scope and depth of
10		intergenerational poverty in this State.
11		(4) A 20-year history of poverty rates in this State
12		with focus on any reduction or increase in the rates
13		during the previous 10 years and since the inception of
14		the workgroup.
15		(5) Any recommendations for legislative or regulatory
16		action to adopt or repeal laws, policies, or procedures to
17		further the goal of eliminating poverty and economic
18		insecurity in this State.
19		(b) Distribution. The workgroup shall distribute the
20		report created under subsection (a) as follows:
21		(1) To the Governor.
22		(2) To each member of the General Assembly.
23		(3) By prominently posting the report on each State
24		Department's and agency's publicly accessible Internet
25		website.
26		(Source: P.A. 101-636, eff. 6-10-20; revised 8-26-20.)

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1		(305 ILCS 70/95-502)
2		Sec. 95-502. Strategic plan to address poverty and
3		economic insecurity.
4		(a) Plan required. No later than November 30, 2021, the
5		Commission shall develop and adopt a strategic plan to address
6		poverty and economic insecurity in this State.
7		(b) Goals. The goals of the strategic plan shall be to:
8		(1) Ensure that State programs and services targeting
9		poverty and economic insecurity reflect the goal of
10		helping individuals and families rise above poverty and
11		achieve long-term economic stability rather than simply
12		providing relief from deprivation.
13		(2) Eliminate disparate rates of poverty, deep
14		poverty, child poverty, and intergenerational poverty
15		based on race, ethnicity, gender, age, sexual orientation
16		or identity, English language proficiency, ability, and
17		geographic location in a rural, urban, or suburban area.
18		(3) Reduce deep poverty in this State by 50% by 2026.
19		(4) Eliminate child poverty in this State by 2031.
20		(5) Eliminate all poverty in this State by 2036.
21		(c) Plan development. In developing the strategic plan,
22		the Commission shall:
23		(1) Collaborate with the workgroup, including sharing
24		data and information identified under paragraphs (1) and
25		(3) of subsection (a) of Section 95-303 303 and analyses

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1		of that data and information.
2		(2) Review each program and service provided by the
3		State that targets poverty and economic insecurity for
4		purposes of:
5		(i) determining which programs and services are
6		the most effective and of the highest importance in
7		reducing poverty and economic insecurity in this
8		State; and
9		(ii) providing an analysis of unmet needs, if any,
10		among individuals, children, and families in deep
11		poverty and intergenerational poverty for each program
12		and service identified under subparagraph (i).
13		(3) Study the feasibility of using public or private
14		partnerships and social impact bonds, to improve
15		innovation and cost-effectiveness in the development of
16		programs and delivery of services that advance the goals
17		of the strategic plan.
18		(4) Hold at least 6 public hearings in different
19		geographic regions of this State, including areas that
20		have disparate rates of poverty and that have historically
21		experienced economic insecurity, to collect information,
22		take testimony, and solicit input and feedback from
23		interested parties, including members of the public who
24		have personal experiences with State programs and services
25		targeting economic insecurity, poverty, deep poverty,
26		child poverty, and intergenerational poverty and make the

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1		information publicly available.
2		(5) To request and receive from a State agency or
3		local governmental agency information relating to poverty
4		in this State, including all of the following:
5		(i) Reports.
6		(ii) Audits.
7		(iii) Data.
8		(iv) Projections.
9		(v) Statistics.
10		(d) Subject areas. The strategic plan shall address all of
11		the following:
12		(1) Access to safe and affordable housing.
13		(2) Access to adequate food and nutrition.
14		(3) Access to affordable and quality health care.
15		(4) Equal access to quality education and training.
16		(5) Equal access to affordable, quality post-secondary
17		education options.
18		(6) Dependable and affordable transportation.
19		(7) Access to quality and affordable child care.
20		(8) Opportunities to engage in meaningful and
21		sustainable work that pays a living wage and barriers to
22		those opportunities experienced by low-income individuals
23		in poverty.
24		(9) Equal access to justice through a fair system of
25		criminal justice that does not, in effect, criminalize
26		poverty.

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1		(10) The availability of adequate income supports.
2		(11) Retirement security.
3		(e) Plan content. The strategic plan shall, at a minimum,
4		contain policy and fiscal recommendations relating to all of
5		the following:
6		(1) Developing fact-based measures to evaluate the
7		long-term effectiveness of existing and proposed programs
8		and services targeting poverty and economic insecurity.
9		(2) Increasing enrollment in programs and services
10		targeting poverty and economic insecurity by reducing the
11		complexity and difficulty of enrollment in order to
12		maximize program effectiveness and increase positive
13		outcomes.
14		(3) Increasing the reach of programs and services
15		targeting poverty and economic insecurity by ensuring that
16		State agencies have adequate resources to maximize the
17		public awareness of the programs and services, especially
18		in historically disenfranchised communities.
19		(4) Reducing the negative impacts of asset limits for
20		eligibility on the effectiveness of State programs
21		targeting poverty and economic insecurity by ensuring that
22		eligibility limits do not:
23		(i) create gaps in necessary service and benefit
24		delivery or restrict access to benefits as individuals
25		and families attempt to transition off assistance
26		programs; or

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1		(ii) prevent beneficiaries from improving
2		long-term outcomes and achieving long-term economic
3		independence from the program.
4		(5) Improving the ability of community-based
5		organizations to participate in the development and
6		implementation of State programs designed to address
7		economic insecurity and poverty.
8		(6) Improving the ability of individuals living in
9		poverty, low-income individuals, and unemployed
10		individuals to access critical job training and skills
11		upgrade programs and find quality jobs that help children
12		and families become economically secure and rise above
13		poverty.
14		(7) Improving communication and collaboration between
15		State agencies and local governments on programs targeting
16		poverty and economic insecurity.
17		(8) Creating efficiencies in the administration and
18		coordination of programs and services targeting poverty
19		and economic insecurity.
20		(9) Connecting low-income children, disconnected
21		youth, and families of those children and youth to
22		education, job training, and jobs in the communities in
23		which those children and youth live.
24		(10) Ensuring that the State's services and benefits
25		programs, emergency programs, discretionary economic
26		programs, and other policies are sufficiently funded to

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1		enable the State to mount effective responses to economic
2		downturns and increases in economic insecurity and poverty
3		rates.
4		(11) Creating one or more State poverty measures.
5		(12) Developing and implementing programs and policies
6		that use the two-generation approach.
7		(13) Using public or private partnerships and social
8		impact bonds to improve innovation and cost-effectiveness
9		in the development of programs and delivery of services
10		that advance the goals of the strategic plan.
11		(14) Identifying best practices for collecting data
12		relevant to all of the following:
13		(i) Reducing economic insecurity and poverty.
14		(ii) Reducing the racial, ethnic, age, gender,
15		sexual orientation, and sexual identity-based
16		disparities in the rates of economic insecurity and
17		poverty.
18		(iii) Adequately measuring the effectiveness,
19		efficiency, and impact of programs on the outcomes for
20		individuals, families, and communities who receive
21		benefits and services.
22		(iv) Streamlining enrollment and eligibility for
23		programs.
24		(v) Improving long-term outcomes for individuals
25		who are enrolled in service and benefit programs.
26		(vi) Reducing reliance on public programs.

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1		(vii) Improving connections to work.
2		(viii) Improving economic security.
3		(ix) Improving retirement security.
4		(x) Improving the State's understanding of the
5		impact of extreme weather and natural disasters on
6		economically vulnerable communities and improving
7		those communities' resilience to and recovery from
8		extreme weather and natural disasters.
9		(xi) Improving access to living-wage employment.
10		(xii) Improving access to employment-based
11		benefits.
12		(f) Other information. In addition to the plan content
13		required under subsection (e), the strategic plan shall
14		contain all of the following:
15		(1) A suggested timeline for the stages of
16		implementation of the recommendations in the plan.
17		(2) Short-term, intermediate-term, and long-term
18		benchmarks to measure the State's progress toward meeting
19		the goals of the strategic plan.
20		(3) A summary of the review and analysis conducted by
21		the Commission under paragraph (1) of subsection (c).
22		(g) Impact of recommendations. For each recommendation in
23		the plan, the Commission shall identify in measurable terms
24		the actual or potential impact the recommendation will have on
25		poverty and economic insecurity in this State.
26		(Source: P.A. 101-636, eff. 6-10-20; revised 9-2-20.)

SB2435 Enrolled - 1490 - LRB102 04062 AMC 14078 b
1		Section 615. The Abused and Neglected Child Reporting Act
2		is amended by changing Section 7 as follows:
3		(325 ILCS 5/7) (from Ch. 23, par. 2057)
4		Sec. 7. Time and manner of making reports. All reports of
5		suspected child abuse or neglect made under this Act shall be
6		made immediately by telephone to the central register
7		established under Section 7.7 on the single, State-wide,
8		toll-free telephone number established in Section 7.6, or in
9		person or by telephone through the nearest Department office.
10		The Department shall, in cooperation with school officials,
11		distribute appropriate materials in school buildings listing
12		the toll-free telephone number established in Section 7.6,
13		including methods of making a report under this Act. The
14		Department may, in cooperation with appropriate members of the
15		clergy, distribute appropriate materials in churches,
16		synagogues, temples, mosques, or other religious buildings
17		listing the toll-free telephone number established in Section
18		7.6, including methods of making a report under this Act.
19		Wherever the Statewide number is posted, there shall also
20		be posted the following notice:
21		"Any person who knowingly transmits a false report to the
22		Department commits the offense of disorderly conduct under
23		subsection (a)(7) of Section 26-1 of the Criminal Code of
24		2012. A violation of this subsection is a Class 4 felony."

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1		The report required by this Act shall include, if known,
2		the name and address of the child and his parents or other
3		persons having his custody; the child's age; the nature of the
4		child's condition, including any evidence of previous injuries
5		or disabilities; and any other information that the person
6		filing the report believes might be helpful in establishing
7		the cause of such abuse or neglect and the identity of the
8		person believed to have caused such abuse or neglect. Reports
9		made to the central register through the State-wide, toll-free
10		telephone number shall be immediately transmitted by the
11		Department to the appropriate Child Protective Service Unit.
12		All such reports alleging the death of a child, serious injury
13		to a child, including, but not limited to, brain damage, skull
14		fractures, subdural hematomas, and internal injuries, torture
15		of a child, malnutrition of a child, and sexual abuse to a
16		child, including, but not limited to, sexual intercourse,
17		sexual exploitation, sexual molestation, and sexually
18		transmitted disease in a child age 12 and under, shall also be
19		immediately transmitted by the Department to the appropriate
20		local law enforcement agency. The Department shall within 24
21		hours orally notify local law enforcement personnel and the
22		office of the State's Attorney of the involved county of the
23		receipt of any report alleging the death of a child, serious
24		injury to a child, including, but not limited to, brain
25		damage, skull fractures, subdural hematomas, and, internal
26		injuries, torture of a child, malnutrition of a child, and

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1		sexual abuse to a child, including, but not limited to, sexual
2		intercourse, sexual exploitation, sexual molestation, and
3		sexually transmitted disease in a child age 12 twelve and
4		under. All oral reports made by the Department to local law
5		enforcement personnel and the office of the State's Attorney
6		of the involved county shall be confirmed in writing within 24
7		hours of the oral report. All reports by persons mandated to
8		report under this Act shall be confirmed in writing to the
9		appropriate Child Protective Service Unit, which may be on
10		forms supplied by the Department, within 48 hours of any
11		initial report.
12		Any report received by the Department alleging the abuse
13		or neglect of a child by a person who is not the child's
14		parent, a member of the child's immediate family, a person
15		responsible for the child's welfare, an individual residing in
16		the same home as the child, or a paramour of the child's parent
17		shall immediately be referred to the appropriate local law
18		enforcement agency for consideration of criminal investigation
19		or other action.
20		Written confirmation reports from persons not required to
21		report by this Act may be made to the appropriate Child
22		Protective Service Unit. Written reports from persons required
23		by this Act to report shall be admissible in evidence in any
24		judicial proceeding or administrative hearing relating to
25		child abuse or neglect. Reports involving known or suspected
26		child abuse or neglect in public or private residential

SB2435 Enrolled - 1493 - LRB102 04062 AMC 14078 b
1		agencies or institutions shall be made and received in the
2		same manner as all other reports made under this Act.
3		For purposes of this Section, "child" includes an adult
4		resident as defined in this Act.
5		(Source: P.A. 101-583, eff. 1-1-20; revised 11-21-19.)
6		Section 620. The Mental Health and Developmental
7		Disabilities Code is amended by changing Sections 2-110.1 and
8		2-110.5 and by renumbering Section 3-5A-105 as follows:
9		(405 ILCS 5/2-110.1)
10		Sec. 2-110.1. Reports.
11		(a) A mental hospital or facility at which
12		electroconvulsive electro-convulsive therapy is administered
13		shall submit to the Department quarterly reports relating to
14		the administration of the therapy for the purposes of reducing
15		morbidity or mortality and improving patient care.
16		(b) A report shall state the following for each quarter:
17		(1) The number of persons who received the therapy,
18		including:
19		(A) the number of persons who gave informed
20		consent to the therapy;
21		(B) the number of persons confined as subject to
22		involuntary admission who gave informed consent to the
23		therapy;
24		(C) the number of persons who received the therapy

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1		without informed consent pursuant to Section 2-107.1;
2		and
3		(D) the number of persons who received the therapy
4		on an emergency basis pursuant to subsection (d) of
5		Section 2-107.1.
6		(2) The age, sex, and race of the recipients of the
7		therapy.
8		(3) The source of the treatment payment.
9		(4) The average number of electroconvulsive
10		electro-convulsive treatments administered for each
11		complete series of treatments, but not including
12		maintenance treatments.
13		(5) The average number of maintenance
14		electroconvulsive electro-convulsive treatments
15		administered per month.
16		(6) Any significant adverse reactions to the treatment
17		as defined by rule.
18		(7) Autopsy findings if death followed within 14 days
19		after the date of the administration of the therapy.
20		(8) Any other information required by the Department
21		by rule.
22		(c) The Department shall prepare and publish an annual
23		written report summarizing the information received under this
24		Section. The report shall not contain any information that
25		identifies or tends to identify any facility, physician,
26		health care provider, or patient.

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1		(Source: P.A. 90-538, eff. 12-1-97; revised 7-18-19.)
2		(405 ILCS 5/2-110.5)
3		Sec. 2-110.5. Electroconvulsive Electro-convulsive
4		therapy for minors. If a recipient is a minor, that
5		recipient's parent or guardian is authorized, only with the
6		approval of the court under the procedures set out in Section
7		2-107.1, to provide consent for participation of the minor in
8		electroconvulsive electro-convulsive therapy if the parent or
9		guardian deems it to be in the best interest of the minor. In
10		addition to the requirements in Section 2-107.1, prior to the
11		court entering an order approving treatment by
12		electroconvulsive electro-convulsive therapy, 2 licensed
13		psychiatrists, one of which may be the minor's treating
14		psychiatrist, who have examined the patient must concur in the
15		determination that the minor should participate in treatment
16		by electroconvulsive electro-convulsive therapy.
17		(Source: P.A. 91-74, eff. 7-9-99; revised 7-18-19.)
18		(405 ILCS 5/3-550)
19		Sec. 3-550 3-5A-105. Minors 12 years of age or older
20		request to receive counseling services or psychotherapy on an
21		outpatient basis.
22		(a) Any minor 12 years of age or older may request and
23		receive counseling services or psychotherapy on an outpatient
24		basis. The consent of the minor's parent, guardian, or person

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1		in loco parentis shall not be necessary to authorize
2		outpatient counseling services or psychotherapy. However,
3		until the consent of the minor's parent, guardian, or person
4		in loco parentis has been obtained, outpatient counseling
5		services or psychotherapy provided to a minor under the age of
6		17 shall be initially limited to not more than 8 90-minute
7		sessions. The service provider shall consider the factors
8		contained in subsection (a-1) of this Section throughout the
9		therapeutic process to determine, through consultation with
10		the minor, whether attempting to obtain the consent of a
11		parent, guardian, or person in loco parentis would be
12		detrimental to the minor's well-being. No later than the
13		eighth session, the service provider shall determine and share
14		with the minor the service provider's decision as described
15		below:
16		(1) If the service provider finds that attempting to
17		obtain consent would not be detrimental to the minor's
18		well-being, the provider shall notify the minor that the
19		consent of a parent, guardian, or person in loco parentis
20		is required to continue counseling services or
21		psychotherapy.
22		(2) If the minor does not permit the service provider
23		to notify the parent, guardian, or person in loco parentis
24		for the purpose of consent after the eighth session the
25		service provider shall discontinue counseling services or
26		psychotherapy and shall not notify the parent, guardian,

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1		or person in loco parentis about the counseling services
2		or psychotherapy.
3		(3) If the minor permits the service provider to
4		notify the parent, guardian, or person in loco parentis
5		for the purpose of consent, without discontinuing
6		counseling services or psychotherapy, the service provider
7		shall make reasonable attempts to obtain consent. The
8		service provider shall document each attempt to obtain
9		consent in the minor's clinical record. The service
10		provider may continue to provide counseling services or
11		psychotherapy without the consent of the minor's parent,
12		guardian, or person in loco parentis if:
13		(A) the service provider has made at least 2
14		unsuccessful attempts to contact the minor's parent,
15		guardian, or person in loco parentis to obtain
16		consent; and
17		(B) the service provider has obtained the minor's
18		written consent.
19		(4) If, after the eighth session, the service provider
20		of counseling services or psychotherapy determines that
21		obtaining consent would be detrimental to the minor's
22		well-being, the service provider shall consult with his or
23		her supervisor when possible to review and authorize the
24		determination under subsection (a) of this Section. The
25		service provider shall document the basis for the
26		determination in the minor's clinical record and may then

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1		accept the minor's written consent to continue to provide
2		counseling services or psychotherapy without also
3		obtaining the consent of a parent, guardian, or person in
4		loco parentis.
5		(5) If the minor continues to receive counseling
6		services or psychotherapy without the consent of a parent,
7		guardian, or person in loco parentis beyond 8 sessions,
8		the service provider shall evaluate, in consultation with
9		his or her supervisor when possible, his or her
10		determination under this subsection (a), and review the
11		determination every 60 days until counseling services or
12		psychotherapy ends or the minor reaches age 17. If it is
13		determined appropriate to notify the parent, guardian, or
14		person in loco parentis and the minor consents, the
15		service provider shall proceed under paragraph (3) of
16		subsection (a) of this Section.
17		(6) When counseling services or psychotherapy are
18		related to allegations of neglect, sexual abuse, or mental
19		or physical abuse by the minor's parent, guardian, or
20		person in loco parentis, obtaining consent of that parent,
21		guardian, or person in loco parentis shall be presumed to
22		be detrimental to the minor's well-being.
23		(a-1) Each of the following factors must be present in
24		order for the service provider to find that obtaining the
25		consent of a parent, guardian, or person in loco parentis
26		would be detrimental to the minor's well-being:

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1		(1) requiring the consent or notification of a parent,
2		guardian, or person in loco parentis would cause the minor
3		to reject the counseling services or psychotherapy;
4		(2) the failure to provide the counseling services or
5		psychotherapy would be detrimental to the minor's
6		well-being;
7		(3) the minor has knowingly and voluntarily sought the
8		counseling services or psychotherapy; and
9		(4) in the opinion of the service provider, the minor
10		is mature enough to participate in counseling services or
11		psychotherapy productively.
12		(a-2) The minor's parent, guardian, or person in loco
13		parentis shall not be informed of the counseling services or
14		psychotherapy without the written consent of the minor unless
15		the service provider believes the disclosure is necessary
16		under subsection (a) of this Section. If the facility director
17		or service provider intends to disclose the fact of counseling
18		services or psychotherapy, the minor shall be so informed and
19		if the minor chooses to discontinue counseling services or
20		psychotherapy after being informed of the decision of the
21		facility director or service provider to disclose the fact of
22		counseling services or psychotherapy to the parent, guardian,
23		or person in loco parentis, then the parent, guardian, or
24		person in loco parentis shall not be notified. Under the
25		Mental Health and Developmental Disabilities Confidentiality
26		Act, the facility director, his or her designee, or the

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1		service provider shall not allow the minor's parent, guardian,
2		or person in loco parentis, upon request, to inspect or copy
3		the minor's record or any part of the record if the service
4		provider finds that there are compelling reasons for denying
5		the access. Nothing in this Section shall be interpreted to
6		limit a minor's privacy and confidentiality protections under
7		State law.
8		(b) The minor's parent, guardian, or person in loco
9		parentis shall not be liable for the costs of outpatient
10		counseling services or psychotherapy which is received by the
11		minor without the consent of the minor's parent, guardian, or
12		person in loco parentis.
13		(c) Counseling services or psychotherapy provided under
14		this Section shall be provided in compliance with the
15		Professional Counselor and Clinical Professional Counselor
16		Licensing and Practice Act, the Clinical Social Work and
17		Social Work Practice Act, or the Clinical Psychologist
18		Licensing Act.
19		(Source: P.A. 100-614, eff. 7-20-18; revised 7-11-19.)
20		Section 625. The Maternal Mental Health Conditions
21		Education, Early Diagnosis, and Treatment Act is amended by
22		changing Section 1 as follows:
23		(405 ILCS 120/1)
24		Sec. 1. Short title. This Act may be cited as the the

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1		Maternal Mental Health Conditions Education, Early Diagnosis,
2		and Treatment Act.
3		(Source: P.A. 101-512, eff. 1-1-20; revised 12-21-20.)
4		Section 630. The Compassionate Use of Medical Cannabis
5		Program Act is amended by changing Sections 25, 35, 36, 75, and
6		160 as follows:
7		(410 ILCS 130/25)
8		Sec. 25. Immunities and presumptions related to the
9		medical use of cannabis.
10		(a) A registered qualifying patient is not subject to
11		arrest, prosecution, or denial of any right or privilege,
12		including, but not limited to, civil penalty or disciplinary
13		action by an occupational or professional licensing board, for
14		the medical use of cannabis in accordance with this Act, if the
15		registered qualifying patient possesses an amount of cannabis
16		that does not exceed an adequate supply as defined in
17		subsection (a) of Section 10 of this Act of usable cannabis
18		and, where the registered qualifying patient is a licensed
19		professional, the use of cannabis does not impair that
20		licensed professional when he or she is engaged in the
21		practice of the profession for which he or she is licensed.
22		(b) A registered designated caregiver is not subject to
23		arrest, prosecution, or denial of any right or privilege,
24		including, but not limited to, civil penalty or disciplinary

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1		action by an occupational or professional licensing board, for
2		acting in accordance with this Act to assist a registered
3		qualifying patient to whom he or she is connected through the
4		Department's registration process with the medical use of
5		cannabis if the designated caregiver possesses an amount of
6		cannabis that does not exceed an adequate supply as defined in
7		subsection (a) of Section 10 of this Act of usable cannabis. A
8		school nurse or school administrator is not subject to arrest,
9		prosecution, or denial of any right or privilege, including,
10		but not limited to, a civil penalty, for acting in accordance
11		with Section 22-33 of the School Code relating to
12		administering or assisting a student in self-administering a
13		medical cannabis infused product. The total amount possessed
14		between the qualifying patient and caregiver shall not exceed
15		the patient's adequate supply as defined in subsection (a) of
16		Section 10 of this Act.
17		(c) A registered qualifying patient or registered
18		designated caregiver is not subject to arrest, prosecution, or
19		denial of any right or privilege, including, but not limited
20		to, civil penalty or disciplinary action by an occupational or
21		professional licensing board for possession of cannabis that
22		is incidental to medical use, but is not usable cannabis as
23		defined in this Act.
24		(d)(1) There is a rebuttable presumption that a registered
25		qualifying patient is engaged in, or a designated caregiver is
26		assisting with, the medical use of cannabis in accordance with

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1		this Act if the qualifying patient or designated caregiver:
2		(A) is in possession of a valid registry
3		identification card; and
4		(B) is in possession of an amount of cannabis that
5		does not exceed the amount allowed under subsection (a) of
6		Section 10.
7		(2) The presumption may be rebutted by evidence that
8		conduct related to cannabis was not for the purpose of
9		treating or alleviating the qualifying patient's debilitating
10		medical condition or symptoms associated with the debilitating
11		medical condition in compliance with this Act.
12		(e) A certifying health care professional is not subject
13		to arrest, prosecution, or penalty in any manner, or denial of
14		denied any right or privilege, including, but not limited to,
15		civil penalty or disciplinary action by the Medical
16		Disciplinary Board or by any other occupational or
17		professional licensing board, solely for providing written
18		certifications or for otherwise stating that, in the
19		certifying health care professional's professional opinion, a
20		patient is likely to receive therapeutic or palliative benefit
21		from the medical use of cannabis to treat or alleviate the
22		patient's debilitating medical condition or symptoms
23		associated with the debilitating medical condition, provided
24		that nothing shall prevent a professional licensing or
25		disciplinary board from sanctioning a certifying health care
26		professional for: (1) issuing a written certification to a

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1		patient who is not under the certifying health care
2		professional's care for a debilitating medical condition; or
3		(2) failing to properly evaluate a patient's medical condition
4		or otherwise violating the standard of care for evaluating
5		medical conditions.
6		(f) No person may be subject to arrest, prosecution, or
7		denial of any right or privilege, including, but not limited
8		to, civil penalty or disciplinary action by an occupational or
9		professional licensing board, solely for: (1) selling cannabis
10		paraphernalia to a cardholder upon presentation of an
11		unexpired registry identification card in the recipient's
12		name, if employed and registered as a dispensing agent by a
13		registered dispensing organization; (2) being in the presence
14		or vicinity of the medical use of cannabis as allowed under
15		this Act; or (3) assisting a registered qualifying patient
16		with the act of administering cannabis.
17		(g) A registered cultivation center is not subject to
18		prosecution; search or inspection, except by the Department of
19		Agriculture, Department of Public Health, or State or local
20		law enforcement under Section 130; seizure; or penalty in any
21		manner, or denial of be denied any right or privilege,
22		including, but not limited to, civil penalty or disciplinary
23		action by a business licensing board or entity, for acting
24		under this Act and Department of Agriculture rules to:
25		acquire, possess, cultivate, manufacture, deliver, transfer,
26		transport, supply, or sell cannabis to registered dispensing

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1		organizations.
2		(h) A registered cultivation center agent is not subject
3		to prosecution, search, or penalty in any manner, or denial of
4		be denied any right or privilege, including, but not limited
5		to, civil penalty or disciplinary action by a business
6		licensing board or entity, for working or volunteering for a
7		registered cannabis cultivation center under this Act and
8		Department of Agriculture rules, including to perform the
9		actions listed under subsection (g).
10		(i) A registered dispensing organization is not subject to
11		prosecution; search or inspection, except by the Department of
12		Financial and Professional Regulation or State or local law
13		enforcement pursuant to Section 130; seizure; or penalty in
14		any manner, or denial of be denied any right or privilege,
15		including, but not limited to, civil penalty or disciplinary
16		action by a business licensing board or entity, for acting
17		under this Act and Department of Financial and Professional
18		Regulation rules to: acquire, possess, or dispense cannabis,
19		or related supplies, and educational materials to registered
20		qualifying patients or registered designated caregivers on
21		behalf of registered qualifying patients.
22		(j) A registered dispensing organization agent is not
23		subject to prosecution, search, or penalty in any manner, or
24		denial of be denied any right or privilege, including, but not
25		limited to, civil penalty or disciplinary action by a business
26		licensing board or entity, for working or volunteering for a

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1		dispensing organization under this Act and Department of
2		Financial and Professional Regulation rules, including to
3		perform the actions listed under subsection (i).
4		(k) Any cannabis, cannabis paraphernalia, illegal
5		property, or interest in legal property that is possessed,
6		owned, or used in connection with the medical use of cannabis
7		as allowed under this Act, or acts incidental to that use, may
8		not be seized or forfeited. This Act does not prevent the
9		seizure or forfeiture of cannabis exceeding the amounts
10		allowed under this Act, nor shall it prevent seizure or
11		forfeiture if the basis for the action is unrelated to the
12		cannabis that is possessed, manufactured, transferred, or used
13		under this Act.
14		(l) Mere possession of, or application for, a registry
15		identification card or registration certificate does not
16		constitute probable cause or reasonable suspicion, nor shall
17		it be used as the sole basis to support the search of the
18		person, property, or home of the person possessing or applying
19		for the registry identification card. The possession of, or
20		application for, a registry identification card does not
21		preclude the existence of probable cause if probable cause
22		exists on other grounds.
23		(m) Nothing in this Act shall preclude local or State law
24		enforcement agencies from searching a registered cultivation
25		center where there is probable cause to believe that the
26		criminal laws of this State have been violated and the search

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1		is conducted in conformity with the Illinois Constitution, the
2		Constitution of the United States, and all State statutes.
3		(n) Nothing in this Act shall preclude local or State
4		state law enforcement agencies from searching a registered
5		dispensing organization where there is probable cause to
6		believe that the criminal laws of this State have been
7		violated and the search is conducted in conformity with the
8		Illinois Constitution, the Constitution of the United States,
9		and all State statutes.
10		(o) No individual employed by the State of Illinois shall
11		be subject to criminal or civil penalties for taking any
12		action in accordance with the provisions of this Act, when the
13		actions are within the scope of his or her employment.
14		Representation and indemnification of State employees shall be
15		provided to State employees as set forth in Section 2 of the
16		State Employee Indemnification Act.
17		(p) No law enforcement or correctional agency, nor any
18		individual employed by a law enforcement or correctional
19		agency, shall be subject to criminal or civil liability,
20		except for willful and wanton misconduct, as a result of
21		taking any action within the scope of the official duties of
22		the agency or individual to prohibit or prevent the possession
23		or use of cannabis by a cardholder incarcerated at a
24		correctional facility, jail, or municipal lockup facility, on
25		parole or mandatory supervised release, or otherwise under the
26		lawful jurisdiction of the agency or individual.

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1		(Source: P.A. 101-363, eff. 8-19-19; 101-370, eff. 1-1-20;
2		revised 9-24-19.)
3		(410 ILCS 130/35)
4		Sec. 35. Certifying health care professional requirements.
5		(a) A certifying health care professional who certifies a
6		debilitating medical condition for a qualifying patient shall
7		comply with all of the following requirements:
8		(1) The certifying health care professional shall be
9		currently licensed under the Medical Practice Act of 1987
10		to practice medicine in all its branches, the Nurse
11		Practice Act, or the Physician Assistant Practice Act of
12		1987, shall be in good standing, and must hold a
13		controlled substances license under Article III of the
14		Illinois Controlled Substances Act.
15		(2) A certifying health care professional certifying a
16		patient's condition shall comply with generally accepted
17		standards of medical practice, the provisions of the Act
18		under which he or she is licensed and all applicable
19		rules.
20		(3) The physical examination required by this Act may
21		not be performed by remote means, including telemedicine.
22		(4) The certifying health care professional shall
23		maintain a record-keeping system for all patients for whom
24		the certifying health care professional has certified the
25		patient's medical condition. These records shall be

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1		accessible to and subject to review by the Department of
2		Public Health and the Department of Financial and
3		Professional Regulation upon request.
4		(b) A certifying health care professional may not:
5		(1) accept, solicit, or offer any form of remuneration
6		from or to a qualifying patient, primary caregiver,
7		cultivation center, or dispensing organization, including
8		each principal officer, board member, agent, and employee,
9		to certify a patient, other than accepting payment from a
10		patient for the fee associated with the required
11		examination, except for the limited purpose of performing
12		a medical cannabis-related research study;
13		(1.5) accept, solicit, or offer any form of
14		remuneration from or to a medical cannabis cultivation
15		center or dispensary organization for the purposes of
16		referring a patient to a specific dispensary organization;
17		(1.10) engage in any activity that is prohibited under
18		Section 22.2 of the Medical Practice Act of 1987,
19		regardless of whether the certifying health care
20		professional is a physician, advanced practice registered
21		nurse, or physician assistant;
22		(2) offer a discount of any other item of value to a
23		qualifying patient who uses or agrees to use a particular
24		primary caregiver or dispensing organization to obtain
25		medical cannabis;
26		(3) conduct a personal physical examination of a

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1		patient for purposes of diagnosing a debilitating medical
2		condition at a location where medical cannabis is sold or
3		distributed or at the address of a principal officer,
4		agent, or employee or a medical cannabis organization;
5		(4) hold a direct or indirect economic interest in a
6		cultivation center or dispensing organization if he or she
7		recommends the use of medical cannabis to qualified
8		patients or is in a partnership or other fee or
9		profit-sharing relationship with a certifying health care
10		professional who recommends medical cannabis, except for
11		the limited purpose of performing a medical
12		cannabis-related cannabis related research study;
13		(5) serve on the board of directors or as an employee
14		of a cultivation center or dispensing organization;
15		(6) refer patients to a cultivation center, a
16		dispensing organization, or a registered designated
17		caregiver; or
18		(7) advertise in a cultivation center or a dispensing
19		organization.
20		(c) The Department of Public Health may with reasonable
21		cause refer a certifying health care professional, who has
22		certified a debilitating medical condition of a patient, to
23		the Illinois Department of Financial and Professional
24		Regulation for potential violations of this Section.
25		(d) Any violation of this Section or any other provision
26		of this Act or rules adopted under this Act is a violation of

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1		the certifying health care professional's licensure act.
2		(e) A certifying health care professional who certifies a
3		debilitating medical condition for a qualifying patient may
4		notify the Department of Public Health in writing: (1) if the
5		certifying health care professional has reason to believe
6		either that the registered qualifying patient has ceased to
7		suffer from a debilitating medical condition; (2) that the
8		bona fide health care professional-patient relationship has
9		terminated; or (3) that continued use of medical cannabis
10		would result in contraindication with the patient's other
11		medication. The registered qualifying patient's registry
12		identification card shall be revoked by the Department of
13		Public Health after receiving the certifying health care
14		professional's notification.
15		(f) Nothing in this Act shall preclude a certifying health
16		care professional from referring a patient for health
17		services, except when the referral is limited to certification
18		purposes only, under this Act.
19		(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19;
20		revised 12-9-19.)
21		(410 ILCS 130/36)
22		Sec. 36. Written certification.
23		(a) A certification confirming a patient's debilitating
24		medical condition shall be written on a form provided by the
25		Department of Public Health and shall include, at a minimum,

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1		the following:
2		(1) the qualifying patient's name, date of birth, home
3		address, and primary telephone number;
4		(2) the certifying health care professional's name,
5		address, telephone number, email address, and medical,
6		advanced advance practice registered nurse, or physician
7		assistant license number, and the last 4 digits, only, of
8		his or her active controlled substances license under the
9		Illinois Controlled Substances Act and indication of
10		specialty or primary area of clinical practice, if any;
11		(3) the qualifying patient's debilitating medical
12		condition;
13		(4) a statement that the certifying health care
14		professional has confirmed a diagnosis of a debilitating
15		condition; is treating or managing treatment of the
16		patient's debilitating condition; has a bona fide health
17		care professional-patient relationship; has conducted an
18		in-person physical examination; and has conducted a review
19		of the patient's medical history, including reviewing
20		medical records from other treating health care
21		professionals, if any, from the previous 12 months;
22		(5) the certifying health care professional's
23		signature and date of certification; and
24		(6) a statement that a participant in possession of a
25		written certification indicating a debilitating medical
26		condition shall not be considered an unlawful user or

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1		addicted to narcotics solely as a result of his or her
2		pending application to or participation in the
3		Compassionate Use of Medical Cannabis Program.
4		(b) A written certification does not constitute a
5		prescription for medical cannabis.
6		(c) Applications for qualifying patients under 18 years
7		old shall require a written certification from a certifying
8		health care professional and a reviewing certifying health
9		care professional.
10		(d) A certification confirming the patient's eligibility
11		to participate in the Opioid Alternative Pilot Program shall
12		be written on a form provided by the Department of Public
13		Health and shall include, at a minimum, the following:
14		(1) the participant's name, date of birth, home
15		address, and primary telephone number;
16		(2) the certifying health care professional's name,
17		address, telephone number, email address, and medical,
18		advanced advance practice registered nurse, or physician
19		assistant license number, and the last 4 digits, only, of
20		his or her active controlled substances license under the
21		Illinois Controlled Substances Act and indication of
22		specialty or primary area of clinical practice, if any;
23		(3) the certifying health care professional's
24		signature and date;
25		(4) the length of participation in the program, which
26		shall be limited to no more than 90 days;

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1		(5) a statement identifying the patient has been
2		diagnosed with and is currently undergoing treatment for a
3		medical condition where an opioid has been or could be
4		prescribed; and
5		(6) a statement that a participant in possession of a
6		written certification indicating eligibility to
7		participate in the Opioid Alternative Pilot Program shall
8		not be considered an unlawful user or addicted to
9		narcotics solely as a result of his or her eligibility or
10		participation in the program.
11		(e) The Department of Public Health may provide a single
12		certification form for subsections (a) and (d) of this
13		Section, provided that all requirements of those subsections
14		are included on the form.
15		(f) The Department of Public Health shall not include the
16		word "cannabis" on any application forms or written
17		certification forms that it issues under this Section.
18		(g) A written certification does not constitute a
19		prescription.
20		(h) It is unlawful for any person to knowingly submit a
21		fraudulent certification to be a qualifying patient in the
22		Compassionate Use of Medical Cannabis Program or an Opioid
23		Alternative Pilot Program participant. A violation of this
24		subsection shall result in the person who has knowingly
25		submitted the fraudulent certification being permanently
26		banned from participating in the Compassionate Use of Medical

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1		Cannabis Program or the Opioid Alternative Pilot Program.
2		(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19;
3		revised 12-9-19.)
4		(410 ILCS 130/75)
5		Sec. 75. Notifications to Department of Public Health and
6		responses; civil penalty.
7		(a) The following notifications and Department of Public
8		Health responses are required:
9		(1) A registered qualifying patient shall notify the
10		Department of Public Health of any change in his or her
11		name or address, or if the registered qualifying patient
12		ceases to have his or her debilitating medical condition,
13		within 10 days of the change.
14		(2) A registered designated caregiver shall notify the
15		Department of Public Health of any change in his or her
16		name or address, or if the designated caregiver becomes
17		aware the registered qualifying patient passed away,
18		within 10 days of the change.
19		(3) Before a registered qualifying patient changes his
20		or her designated caregiver, the qualifying patient must
21		notify the Department of Public Health.
22		(4) If a cardholder loses his or her registry
23		identification card, he or she shall notify the Department
24		within 10 days of becoming aware the card has been lost.
25		(b) When a cardholder notifies the Department of Public

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1		Health of items listed in subsection (a), but remains eligible
2		under this Act, the Department of Public Health shall issue
3		the cardholder a new registry identification card with a new
4		random alphanumeric identification number within 15 business
5		days of receiving the updated information and a fee as
6		specified in Department of Public Health rules. If the person
7		notifying the Department of Public Health is a registered
8		qualifying patient, the Department shall also issue his or her
9		registered designated caregiver, if any, a new registry
10		identification card within 15 business days of receiving the
11		updated information.
12		(c) If a registered qualifying patient ceases to be a
13		registered qualifying patient or changes his or her registered
14		designated caregiver, the Department of Public Health shall
15		promptly notify the designated caregiver. The registered
16		designated caregiver's protections under this Act as to that
17		qualifying patient shall expire 15 days after notification by
18		the Department.
19		(d) A cardholder who fails to make a notification to the
20		Department of Public Health that is required by this Section
21		is subject to a civil infraction, punishable by a penalty of no
22		more than $150.
23		(e) A registered qualifying patient shall notify the
24		Department of Public Health of any change to his or her
25		designated registered dispensing organization. The Department
26		of Public Health shall provide for immediate changes of a

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1		registered qualifying patient's designated registered
2		dispensing organization. Registered dispensing organizations
3		must comply with all requirements of this Act.
4		(f) If the registered qualifying patient's certifying
5		certifying health care professional notifies the Department in
6		writing that either the registered qualifying patient has
7		ceased to suffer from a debilitating medical condition, that
8		the bona fide health care professional-patient relationship
9		has terminated, or that continued use of medical cannabis
10		would result in contraindication with the patient's other
11		medication, the card shall become null and void. However, the
12		registered qualifying patient shall have 15 days to destroy
13		his or her remaining medical cannabis and related
14		paraphernalia.
15		(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19;
16		revised 12-9-19.)
17		(410 ILCS 130/160)
18		Sec. 160. Annual reports. The Department of Public Health
19		shall submit to the General Assembly a report, by September 30
20		of each year, that does not disclose any identifying
21		information about registered qualifying patients, registered
22		caregivers, or certifying health care professionals, but does
23		contain, at a minimum, all of the following information based
24		on the fiscal year for reporting purposes:
25		(1) the number of applications and renewals filed for

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1		registry identification cards or registrations;
2		(2) the number of qualifying patients and designated
3		caregivers served by each dispensary during the report
4		year;
5		(3) the nature of the debilitating medical conditions
6		of the qualifying patients;
7		(4) the number of registry identification cards or
8		registrations revoked for misconduct;
9		(5) the number of certifying health care professionals
10		providing written certifications for qualifying patients;
11		and
12		(6) the number of registered medical cannabis
13		cultivation centers or registered dispensing
14		organizations; and
15		(7) the number of Opioid Alternative Pilot Program
16		participants.
17		(Source: P.A. 100-863, eff. 8-14-18; 100-1114, eff. 8-28-18;
18		101-363, eff. 8-9-19; revised 12-9-19.)
19		Section 635. The Infectious Disease Testing Act is amended
20		by changing Section 5 as follows:
21		(410 ILCS 312/5)
22		Sec. 5. Definitions. Definitions. As used in this Act:
23		"Health care provider" has the meaning ascribed to it
24		under HIPAA, as specified in 45 CFR 160.103.

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1		"Health facility" means a hospital, nursing home, blood
2		bank, blood center, sperm bank, or other health care
3		institution, including any "health facility" as that term is
4		defined in the Illinois Finance Authority Act.
5		"HIPAA" means the Health Insurance Portability and
6		Accountability Act of 1996, Public Law 104-191, as amended by
7		the Health Information Technology for Economic and Clinical
8		Health Act of 2009, Public Law 111-05, and any subsequent
9		amendments thereto and any regulations promulgated thereunder.
10		"Law enforcement officer" means any person employed by the
11		State, a county, or a municipality as a policeman, peace
12		officer, auxiliary policeman, or correctional officer or in
13		some like position involving the enforcement of the law and
14		protection of the public interest at the risk of that person's
15		life.
16		(Source: P.A. 100-270, eff. 8-22-17; revised 7-23-19.)
17		Section 640. The Lupus Education and Awareness Act is
18		amended by changing Section 15 as follows:
19		(410 ILCS 528/15)
20		Sec. 15. Establishment of the Lupus Education and
21		Awareness Program.
22		(a) Subject to appropriation, there is created within the
23		Department of Public Health the Lupus Education and Awareness
24		Program (LEAP). The Program shall be composed of various

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1		components, including, but not limited to, public awareness
2		activities and professional education programs. Subject to
3		appropriation, the Interagency and Partnership Advisory Panel
4		on Lupus is created to oversee LEAP and advise the Department
5		in implementing LEAP.
6		(b) The Department shall establish, promote, and maintain
7		the Lupus Education and Awareness Program with an emphasis on
8		minority populations and at-risk communities in order to raise
9		public awareness, educate consumers, and educate and train
10		health professionals, human service providers, and other
11		audiences.
12		The Department shall work with a national organization
13		that deals with lupus to implement programs to raise public
14		awareness about the symptoms and nature of lupus, personal
15		risk factors, and options for diagnosing and treating the
16		disease, with a particular focus on populations at elevated
17		risk for lupus, including women and communities of color.
18		The Program shall include initiatives to educate and train
19		physicians, health care professionals, and other service
20		providers on the most up-to-date and accurate scientific and
21		medical information regarding lupus diagnosis, treatment,
22		risks and benefits of medications, research advances, and
23		therapeutic decision making, including medical best practices
24		for detecting and treating the disease in special populations.
25		These activities shall include, but not be limited to, all of
26		the following:

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1		(1) Distribution of medically-sound health information
2		produced by a national organization that deals with lupus
3		and government agencies, including, but not limited to,
4		the National Institutes of Health, the Centers for Disease
5		Control and Prevention, and the Social Security
6		Administration, through local health departments, schools,
7		agencies on aging, employer wellness programs, physicians
8		and other health professionals, hospitals, health plans
9		and health maintenance organizations, women's health
10		programs, and nonprofit and community-based organizations.
11		(2) Development of educational materials for health
12		professionals that identify the latest scientific and
13		medical information and clinical applications.
14		(3) Working to increase knowledge among physicians,
15		nurses, and health and human services professionals about
16		the importance of lupus diagnosis, treatment, and
17		rehabilitation.
18		(4) Support of continuing medical education programs
19		presented by the leading State academic institutions by
20		providing them with the most up-to-date information.
21		(5) Providing statewide workshops and seminars for
22		in-depth professional development regarding the care and
23		management of patients with lupus in order to bring the
24		latest information on clinical advances to care providers.
25		(6) Development and maintenance of a directory of
26		lupus-related services and lupus health care providers

SB2435 Enrolled - 1522 - LRB102 04062 AMC 14078 b
1		with specialization in services to diagnose and treat
2		lupus. The Department shall disseminate this directory to
3		all stakeholders, including, but not limited to,
4		individuals with lupus, families, and representatives from
5		voluntary organizations, health care professionals, health
6		plans, and State and local health agencies.
7		(c) The Director shall do all of the following:
8		(1) Designate a person in the Department to oversee
9		the Program.
10		(2) Identify the appropriate entities to carry out the
11		Program, including, but not limited to, the following:
12		local health departments, schools, agencies on aging,
13		employer wellness programs, physicians and other health
14		professionals, hospitals, health plans and health
15		maintenance organizations, women's health organizations,
16		and nonprofit and community-based organizations.
17		(3) Base the Program on the most current scientific
18		information and findings.
19		(4) Work with governmental entities, community and
20		business leaders, community organizations, health care and
21		human service providers, and national, State, and local
22		organizations to coordinate efforts to maximize State
23		resources in the areas of lupus education and awareness.
24		(5) Use public health institutions for dissemination
25		of medically sound health materials.
26		(d) The Department shall establish and coordinate the

SB2435 Enrolled - 1523 - LRB102 04062 AMC 14078 b
1		Interagency and Partnership Advisory Panel on Lupus consisting
2		of 15 members, one of whom shall be appointed by the Director
3		as the chair. The Panel shall be composed of:
4		(1) at least 3 individuals with lupus;
5		(2) three representatives from relevant State agencies
6		including the Department;
7		(3) three scientists with experience in lupus who
8		participate in various fields of scientific endeavor,
9		including, but not limited to, biomedical research,
10		social, translational, behavioral, and epidemiological
11		research, and public health;
12		(4) two medical clinicians with experience in treating
13		people with lupus; and
14		(5) four representatives from relevant nonprofit
15		women's and health organizations, including one
16		representative from a national organization that deals
17		with the treatment of lupus.
18		Individuals and organizations may submit nominations to
19		the Director to be named to the Panel. Such nominations may
20		include the following:
21		(i) representatives from appropriate State departments
22		and agencies, such as entities with responsibility for
23		health disparities, public health programs, education,
24		public welfare, and women's health programs;
25		(ii) health and medical professionals with expertise
26		in lupus; and

SB2435 Enrolled - 1524 - LRB102 04062 AMC 14078 b
1		(iii) individuals with lupus, and recognized experts
2		in the provision of health services to women, lupus
3		research, or health disparities.
4		All members of the panel shall serve terms of 2 years. A
5		member may be appointed to serve not more than 2 terms, whether
6		or not consecutive. A majority of the members of the panel
7		shall constitute a quorum. A majority vote of a quorum shall be
8		required for any official action of the Panel. The Panel shall
9		meet at the call of the chair, but not less than 2 times per
10		year. All members shall serve without compensation, but shall
11		be entitled to actual, necessary expenses incurred in the
12		performance of their business as members of the Panel in
13		accordance with the reimbursement policies polices for the
14		State.
15		(Source: P.A. 96-1108, eff. 1-1-11; revised 7-23-19.)
16		Section 645. The Environmental Protection Act is amended
17		by setting forth, renumbering, and changing multiple versions
18		of Sections 9.16 and 22.59, by changing Sections 21, 21.7,
19		22.23d, 39, and 40 as follows:
20		(415 ILCS 5/9.16)
21		Sec. 9.16. Control of ethylene oxide sterilization
22		sources.
23		(a) As used in this Section:
24		"Ethylene oxide sterilization operations" means the

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1		process of using ethylene oxide at an ethylene oxide
2		sterilization source to make one or more items free from
3		microorganisms, pathogens, or both microorganisms and
4		pathogens.
5		"Ethylene oxide sterilization source" means any stationary
6		source with ethylene oxide usage that would subject it to the
7		emissions standards in 40 CFR 63.362. "Ethylene oxide
8		sterilization source" does not include beehive fumigators,
9		research or laboratory facilities, hospitals, doctors'
10		offices, clinics, or other stationary sources for which the
11		primary purpose is to provide medical services to humans or
12		animals.
13		"Exhaust point" means any point through which ethylene
14		oxide-laden air exits an ethylene oxide sterilization source.
15		"Stationary source" has the meaning set forth in
16		subsection 1 of Section 39.5.
17		(b) Beginning 180 days after June 21, 2019 (the effective
18		date of Public Act 101-22) this amendatory Act of the 101st
19		General Assembly, no person shall conduct ethylene oxide
20		sterilization operations, unless the ethylene oxide
21		sterilization source captures, and demonstrates that it
22		captures, 100% of all ethylene oxide emissions and reduces
23		ethylene oxide emissions to the atmosphere from each exhaust
24		point at the ethylene oxide sterilization source by at least
25		99.9% or to 0.2 parts per million.
26		(1) Within 180 days after June 21, 2019 (the effective

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1		date of Public Act 101-22) this amendatory Act of the
2		101st General Assembly for any existing ethylene oxide
3		sterilization source, or prior to any ethylene oxide
4		sterilization operation for any source that first becomes
5		subject to regulation after June 21, 2019 (the effective
6		date of Public Act 101-22) this amendatory Act of the
7		101st General Assembly as an ethylene oxide sterilization
8		source under this Section, the owner or operator of the
9		ethylene oxide sterilization source shall conduct an
10		initial emissions test in accordance with all of the
11		requirements set forth in this paragraph (1) to verify
12		that ethylene oxide emissions to the atmosphere from each
13		exhaust point at the ethylene oxide sterilization source
14		have been reduced by at least 99.9% or to 0.2 parts per
15		million:
16		(A) At least 30 days prior to the scheduled
17		emissions test date, the owner or operator of the
18		ethylene oxide sterilization source shall submit a
19		notification of the scheduled emissions test date and
20		a copy of the proposed emissions test protocol to the
21		Agency for review and written approval. Emissions test
22		protocols submitted to the Agency shall address the
23		manner in which testing will be conducted, including,
24		but not limited to:
25		(i) the name of the independent third party
26		company that will be performing sampling and

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1		analysis and the company's experience with similar
2		emissions tests;
3		(ii) the methodologies to be used;
4		(iii) the conditions under which emissions
5		tests will be performed, including a discussion of
6		why these conditions will be representative of
7		maximum emissions from each of the 3 cycles of
8		operation (chamber evacuation, back vent, and
9		aeration) and the means by which the operating
10		parameters for the emission unit and any control
11		equipment will be determined;
12		(iv) the specific determinations of emissions
13		and operations that are intended to be made,
14		including sampling and monitoring locations; and
15		(v) any changes to the test method or methods
16		proposed to accommodate the specific circumstances
17		of testing, with justification.
18		(B) The owner or operator of the ethylene oxide
19		sterilization source shall perform emissions testing
20		in accordance with an Agency-approved test protocol
21		and at representative conditions to verify that
22		ethylene oxide emissions to the atmosphere from each
23		exhaust point at the ethylene oxide sterilization
24		source have been reduced by at least 99.9% or to 0.2
25		parts per million. The duration of the test must
26		incorporate all 3 cycles of operation for

SB2435 Enrolled - 1528 - LRB102 04062 AMC 14078 b
1		determination of the emission reduction efficiency.
2		(C) Upon Agency approval of the test protocol, any
3		source that first becomes subject to regulation after
4		June 21, 2019 (the effective date of Public Act
5		101-22) this amendatory Act of the 101st General
6		Assembly as an ethylene oxide sterilization source
7		under this Section may undertake ethylene oxide
8		sterilization operations in accordance with the
9		Agency-approved test protocol for the sole purpose of
10		demonstrating compliance with this subsection (b).
11		(D) The owner or operator of the ethylene oxide
12		sterilization source shall submit to the Agency the
13		results of any and all emissions testing conducted
14		after June 21, 2019 (the effective date of Public Act
15		101-22) this amendatory Act of the 101st General
16		Assembly, until the Agency accepts testing results
17		under subparagraph (E) of paragraph (1) of this
18		subsection (b), for any existing source or prior to
19		any ethylene oxide sterilization operation for any
20		source that first becomes subject to regulation after
21		June 21, 2019 (the effective date of Public Act
22		101-22) this amendatory Act of the 101st General
23		Assembly as an ethylene oxide sterilization source
24		under this Section. The results documentation shall
25		include at a minimum:
26		(i) a summary of results;

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1		(ii) a description of test method or methods,
2		including description of sample points, sampling
3		train, analysis equipment, and test schedule;
4		(iii) a detailed description of test
5		conditions, including process information and
6		control equipment information; and
7		(iv) data and calculations, including copies
8		of all raw data sheets, opacity observation
9		records and records of laboratory analyses, sample
10		calculations, and equipment calibration.
11		(E) Within 30 days of receipt, the Agency shall
12		accept, accept with conditions, or decline to accept a
13		stack testing protocol and the testing results
14		submitted to demonstrate compliance with paragraph (1)
15		of this subsection (b). If the Agency accepts with
16		conditions or declines to accept the results
17		submitted, the owner or operator of the ethylene oxide
18		sterilization source shall submit revised results of
19		the emissions testing or conduct emissions testing
20		again. If the owner or operator revises the results,
21		the revised results shall be submitted within 15 days
22		after the owner or operator of the ethylene oxide
23		sterilization source receives written notice of the
24		Agency's conditional acceptance or rejection of the
25		emissions testing results. If the owner or operator
26		conducts emissions testing again, such new emissions

SB2435 Enrolled - 1530 - LRB102 04062 AMC 14078 b
1		testing shall conform to the requirements of this
2		subsection (b).
3		(2) The owner or operator of the ethylene oxide
4		sterilization source shall conduct emissions testing on
5		all exhaust points at the ethylene oxide sterilization
6		source at least once each calendar year to demonstrate
7		compliance with the requirements of this Section and any
8		applicable requirements concerning ethylene oxide that are
9		set forth in either United States Environmental Protection
10		Agency rules or Board rules. Annual emissions tests
11		required under this paragraph (2) shall take place at
12		least 6 months apart. An initial emissions test conducted
13		under paragraph (1) of this subsection (b) satisfies the
14		testing requirement of this paragraph (2) for the calendar
15		year in which the initial emissions test is conducted.
16		(3) At least 30 days before conducting the annual
17		emissions test required under paragraph (2) of this
18		subsection (b), the owner or operator shall submit a
19		notification of the scheduled emissions test date and a
20		copy of the proposed emissions test protocol to the Agency
21		for review and written approval. Emissions test protocols
22		submitted to the Agency under this paragraph (3) must
23		address each item listed in subparagraph (A) of paragraph
24		(1) of this subsection (b). Emissions testing shall be
25		performed in accordance with an Agency-approved test
26		protocol and at representative conditions. In addition, as

SB2435 Enrolled - 1531 - LRB102 04062 AMC 14078 b
1		soon as practicable, but no later than 30 days after the
2		emissions test date, the owner or operator shall submit to
3		the Agency the results of the emissions testing required
4		under paragraph (2) of this subsection (b). Such results
5		must include each item listed in subparagraph (D) of
6		paragraph (1) of this subsection (b).
7		(4) If the owner or operator of an ethylene oxide
8		sterilization source conducts any emissions testing in
9		addition to tests required by Public Act 101-22 this
10		amendatory Act of the 101st General Assembly, the owner or
11		operator shall submit to the Agency the results of such
12		emissions testing within 30 days after the emissions test
13		date.
14		(5) The Agency shall accept, accept with conditions,
15		or decline to accept testing results submitted to
16		demonstrate compliance with paragraph (2) of this
17		subsection (b). If the Agency accepts with conditions or
18		declines to accept the results submitted, the owner or
19		operator of the ethylene oxide sterilization source shall
20		submit revised results of the emissions testing or conduct
21		emissions testing again. If the owner or operator revises
22		the results, the revised results shall be submitted within
23		15 days after the owner or operator of the ethylene oxide
24		sterilization source receives written notice of the
25		Agency's conditional acceptance or rejection of the
26		emissions testing results. If the owner or operator

SB2435 Enrolled - 1532 - LRB102 04062 AMC 14078 b
1		conducts emissions testing again, such new emissions
2		testing shall conform to the requirements of this
3		subsection (b).
4		(c) If any emissions test conducted more than 180 days
5		after June 21, 2019 (the effective date of Public Act 101-22)
6		this amendatory Act of the 101st General Assembly fails to
7		demonstrate that ethylene oxide emissions to the atmosphere
8		from each exhaust point at the ethylene oxide sterilization
9		source have been reduced by at least 99.9% or to 0.2 parts per
10		million, the owner or operator of the ethylene oxide
11		sterilization source shall immediately cease ethylene oxide
12		sterilization operations and notify the Agency within 24 hours
13		of becoming aware of the failed emissions test. Within 60 days
14		after the date of the test, the owner or operator of the
15		ethylene oxide sterilization source shall:
16		(1) complete an analysis to determine the root cause
17		of the failed emissions test;
18		(2) take any actions necessary to address that root
19		cause;
20		(3) submit a report to the Agency describing the
21		findings of the root cause analysis, any work undertaken
22		to address findings of the root cause analysis, and
23		identifying any feasible best management practices to
24		enhance capture and further reduce ethylene oxide levels
25		within the ethylene oxide sterilization source, including
26		a schedule for implementing such practices; and

SB2435 Enrolled - 1533 - LRB102 04062 AMC 14078 b
1		(4) upon approval by the Agency of the report required
2		by paragraph (3) of this subsection, restart ethylene
3		oxide sterilization operations only to the extent
4		necessary to conduct additional emissions test or tests.
5		The ethylene oxide sterilization source shall conduct such
6		emissions test or tests under the same requirements as the
7		annual test described in paragraphs (2) and (3) of
8		subsection (b). The ethylene oxide sterilization source
9		may restart operations once an emissions test successfully
10		demonstrates that ethylene oxide emissions to the
11		atmosphere from each exhaust point at the ethylene oxide
12		sterilization source have been reduced by at least 99.9%
13		or to 0.2 parts per million, the source has submitted the
14		results of all emissions testing conducted under this
15		subsection to the Agency, and the Agency has approved the
16		results demonstrating compliance.
17		(d) Beginning 180 days after June 21, 2019 (the effective
18		date of Public Act 101-22) this amendatory Act of the 101st
19		General Assembly for any existing source or prior to any
20		ethylene oxide sterilization operation for any source that
21		first becomes subject to regulation after June 21, 2019 (the
22		effective date of Public Act 101-22) this amendatory Act of
23		the 101st General Assembly as an ethylene oxide sterilization
24		source under this Section, no person shall conduct ethylene
25		oxide sterilization operations unless the owner or operator of
26		the ethylene oxide sterilization source submits for review and

SB2435 Enrolled - 1534 - LRB102 04062 AMC 14078 b
1		approval by the Agency a plan describing how the owner or
2		operator will continuously collect emissions information at
3		the ethylene oxide sterilization source. This plan must also
4		specify locations at the ethylene oxide sterilization source
5		from which emissions will be collected and identify equipment
6		used for collection and analysis, including the individual
7		system components.
8		(1) The owner or operator of the ethylene oxide
9		sterilization source must provide a notice of acceptance
10		of any conditions added by the Agency to the plan, or
11		correct any deficiencies identified by the Agency in the
12		plan, within 3 business days after receiving the Agency's
13		conditional acceptance or denial of the plan.
14		(2) Upon the Agency's approval of the plan, the owner
15		or operator of the ethylene oxide sterilization source
16		shall implement the plan in accordance with its approved
17		terms.
18		(e) Beginning 180 days after June 21, 2019 (the effective
19		date of Public Act 101-22) this amendatory Act of the 101st
20		General Assembly for any existing source or prior to any
21		ethylene oxide sterilization operation for any source that
22		first becomes subject to regulation after June 21, 2019 (the
23		effective date of Public Act 101-22) this amendatory Act of
24		the 101st General Assembly as an ethylene oxide sterilization
25		source under this Section, no person shall conduct ethylene
26		oxide sterilization operations unless the owner or operator of

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1		the ethylene oxide sterilization source submits for review and
2		approval by the Agency an Ambient Air Monitoring Plan.
3		(1) The Ambient Air Monitoring Plan shall include, at
4		a minimum, the following:
5		(A) Detailed plans to collect and analyze air
6		samples for ethylene oxide on at least a quarterly
7		basis near the property boundaries of the ethylene
8		oxide sterilization source and at community locations
9		with the highest modeled impact pursuant to the
10		modeling conducted under subsection (f). Each
11		quarterly sampling under this subsection shall be
12		conducted over a multiple-day sampling period.
13		(B) A schedule for implementation.
14		(C) The name of the independent third party
15		company that will be performing sampling and analysis
16		and the company's experience with similar testing.
17		(2) The owner or operator of the ethylene oxide
18		sterilization source must provide a notice of acceptance
19		of any conditions added by the Agency to the Ambient Air
20		Monitoring Plan, or correct any deficiencies identified by
21		the Agency in the Ambient Air Monitoring Plan, within 3
22		business days after receiving the Agency's conditional
23		acceptance or denial of the plan.
24		(3) Upon the Agency's approval of the plan, the owner
25		or operator of the ethylene oxide sterilization source
26		shall implement the Ambient Air Monitoring Plan in

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1		accordance with its approved terms.
2		(f) Beginning 180 days after June 21, 2019 (the effective
3		date of Public Act 101-22) this amendatory Act of the 101st
4		General Assembly for any existing source or prior to any
5		ethylene oxide sterilization operation for any source that
6		first becomes subject to regulation after June 21, 2019 (the
7		effective date of Public Act 101-22) this amendatory Act of
8		the 101st General Assembly as an ethylene oxide sterilization
9		source under this Section, no person shall conduct ethylene
10		oxide sterilization operations unless the owner or operator of
11		the ethylene oxide sterilization source has performed
12		dispersion modeling and the Agency approves such modeling.
13		(1) Dispersion modeling must:
14		(A) be conducted using accepted United States
15		Environmental Protection Agency methodologies,
16		including 40 CFR Part 51, Appendix W, except that no
17		background ambient levels of ethylene oxide shall be
18		used;
19		(B) use emissions and stack parameter data from
20		the emissions test conducted in accordance with
21		paragraph (1) of subsection (b), and use 5 years of
22		hourly meteorological data that is representative of
23		the source's location; and
24		(C) use a receptor grid that extends to at least
25		one kilometer around the source and ensure the
26		modeling domain includes the area of maximum impact,

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1		with receptor spacing no greater than every 50 meters
2		starting from the building walls of the source
3		extending out to a distance of at least one-half
4		kilometer, then every 100 meters extending out to a
5		distance of at least one kilometer.
6		(2) The owner or operator of the ethylene oxide
7		sterilization source shall submit revised results of all
8		modeling if the Agency accepts with conditions or declines
9		to accept the results submitted.
10		(g) A facility permitted to emit ethylene oxide that has
11		been subject to a seal order under Section 34 is prohibited
12		from using ethylene oxide for sterilization or fumigation
13		purposes, unless (i) the facility can provide a certification
14		to the Agency by the supplier of a product to be sterilized or
15		fumigated that ethylene oxide sterilization or fumigation is
16		the only available method to completely sterilize or fumigate
17		the product and (ii) the Agency has certified that the
18		facility's emission control system uses technology that
19		produces the greatest reduction in ethylene oxide emissions
20		currently available. The certification shall be made by a
21		company representative with knowledge of the sterilization
22		requirements of the product. The certification requirements of
23		this Section shall apply to any group of products packaged
24		together and sterilized as a single product if sterilization
25		or fumigation is the only available method to completely
26		sterilize or fumigate more than half of the individual

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1		products contained in the package.
2		A facility is not subject to the requirements of this
3		subsection if the supporting findings of the seal order under
4		Section 34 are found to be without merit by a court of
5		competent jurisdiction.
6		(h) If an entity, or any parent or subsidiary of an entity,
7		that owns or operates a facility permitted by the Agency to
8		emit ethylene oxide acquires by purchase, license, or any
9		other method of acquisition any intellectual property right in
10		a sterilization technology that does not involve the use of
11		ethylene oxide, or by purchase, merger, or any other method of
12		acquisition of any entity that holds an intellectual property
13		right in a sterilization technology that does not involve the
14		use of ethylene oxide, that entity, parent, or subsidiary
15		shall notify the Agency of the acquisition within 30 days of
16		acquiring it. If that entity, parent, or subsidiary has not
17		used the sterilization technology within 3 years of its
18		acquisition, the entity shall notify the Agency within 30 days
19		of the 3-year period elapsing.
20		An entity, or any parent or subsidiary of an entity, that
21		owns or operates a facility permitted by the Agency to emit
22		ethylene oxide that has any intellectual property right in any
23		sterilization technology that does not involve the use of
24		ethylene oxide shall notify the Agency of any offers that it
25		makes to license or otherwise allow the technology to be used
26		by third parties within 30 days of making the offer.

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1		An entity, or any parent or subsidiary of an entity, that
2		owns or operates a facility permitted by the Agency to emit
3		ethylene oxide shall provide the Agency with a list of all U.S.
4		patent registrations for sterilization technology that the
5		entity, parent, or subsidiary has any property right in. The
6		list shall include the following:
7		(1) The patent number assigned by the United States
8		Patent and Trademark Office for each patent.
9		(2) The date each patent was filed.
10		(3) The names and addresses of all owners or assignees
11		of each patent.
12		(4) The names and addresses of all inventors of each
13		patent.
14		(i) If a CAAPP permit applicant applies to use ethylene
15		oxide as a sterilant or fumigant at a facility not in existence
16		prior to January 1, 2020, the Agency shall issue a CAAPP permit
17		for emission of ethylene oxide only if:
18		(1) the nearest school or park is at least 10 miles
19		from the permit applicant in counties with populations
20		greater than 50,000;
21		(2) the nearest school or park is at least 15 miles
22		from the permit applicant in counties with populations
23		less than or equal to 50,000; and
24		(3) within 7 days after the application for a CAAPP
25		permit, the permit applicant has published its permit
26		request on its website, published notice in a local

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1		newspaper of general circulation, and provided notice to:
2		(A) the State Representative for the
3		representative district in which the facility is
4		located;
5		(B) the State Senator for the legislative district
6		in which the facility is located;
7		(C) the members of the county board for the county
8		in which the facility is located; and
9		(D) the local municipal board members and
10		executives.
11		(j) The owner or operator of an ethylene oxide
12		sterilization source must apply for and obtain a construction
13		permit from the Agency for any modifications made to the
14		source to comply with the requirements of Public Act 101-22
15		this amendatory Act of the 101st General Assembly, including,
16		but not limited to, installation of a permanent total
17		enclosure, modification of airflow to create negative pressure
18		within the source, and addition of one or more control
19		devices. Additionally, the owner or operator of the ethylene
20		oxide sterilization source must apply for and obtain from the
21		Agency a modification of the source's operating permit to
22		incorporate such modifications made to the source. Both the
23		construction permit and operating permit must include a limit
24		on ethylene oxide usage at the source.
25		(k) Nothing in this Section shall be interpreted to excuse
26		the ethylene oxide sterilization source from complying with

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1		any applicable local requirements.
2		(l) The owner or operator of an ethylene oxide
3		sterilization source must notify the Agency within 5 days
4		after discovering any deviation from any of the requirements
5		in this Section or deviations from any applicable requirements
6		concerning ethylene oxide that are set forth in this Act,
7		United States Environmental Protection Agency rules, or Board
8		rules. As soon as practicable, but no later than 5 business
9		days, after the Agency receives such notification, the Agency
10		must post a notice on its website and notify the members of the
11		General Assembly from the Legislative and Representative
12		Districts in which the source in question is located, the
13		county board members of the county in which the source in
14		question is located, the corporate authorities of the
15		municipality in which the source in question is located, and
16		the Illinois Department of Public Health.
17		(m) The Agency must conduct at least one unannounced
18		inspection of all ethylene oxide sterilization sources subject
19		to this Section per year. Nothing in this Section shall limit
20		the Agency's authority under other provisions of this Act to
21		conduct inspections of ethylene oxide sterilization sources.
22		(n) The Agency shall conduct air testing to determine the
23		ambient levels of ethylene oxide throughout the State. The
24		Agency shall, within 180 days after June 21, 2019 (the
25		effective date of Public Act 101-22) this amendatory Act of
26		the 101st General Assembly, submit rules for ambient air

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1		testing of ethylene oxide to the Board.
2		(Source: P.A. 101-22, eff. 6-21-19; revised 8-9-19.)
3		(415 ILCS 5/9.17)
4		Sec. 9.17 9.16. Nonnegligible ethylene oxide emissions
5		sources.
6		(a) In this Section, "nonnegligible ethylene oxide
7		emissions source" means an ethylene oxide emissions source
8		permitted by the Agency that currently emits more than 150
9		pounds of ethylene oxide as reported on the source's 2017
10		Toxic Release Inventory and is located in a county with a
11		population of at least 700,000 based on 2010 census data.
12		"Nonnegligible ethylene oxide emissions source" does not
13		include facilities that are ethylene oxide sterilization
14		sources or hospitals that are licensed under the Hospital
15		Licensing Act or operated under the University of Illinois
16		Hospital Act.
17		(b) Beginning 180 days after June 21, 2019 (the effective
18		date of Public Act 101-23) this amendatory Act of the 101st
19		General Assembly, no nonnegligible ethylene oxide emissions
20		source shall conduct activities that cause ethylene oxide
21		emissions unless the owner or operator of the nonnegligible
22		ethylene oxide emissions source submits for review and
23		approval of the Agency a plan describing how the owner or
24		operator will continuously collect emissions information. The
25		plan must specify locations at the nonnegligible ethylene

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1		oxide emissions source from which emissions will be collected
2		and identify equipment used for collection and analysis,
3		including the individual system components.
4		(1) The owner or operator of the nonnegligible
5		ethylene oxide emissions source must provide a notice of
6		acceptance of any conditions added by the Agency to the
7		plan or correct any deficiencies identified by the Agency
8		in the plan within 3 business days after receiving the
9		Agency's conditional acceptance or denial of the plan.
10		(2) Upon the Agency's approval of the plan the owner
11		or operator of the nonnegligible ethylene oxide emissions
12		source shall implement the plan in accordance with its
13		approved terms.
14		(c) Beginning 180 days after June 21, 2019 (the effective
15		date of Public Act 101-23) this amendatory Act of the 101st
16		General Assembly, no nonnegligible ethylene oxide emissions
17		source shall conduct activities that cause ethylene oxide
18		emissions unless the owner or operator of the nonnegligible
19		ethylene oxide emissions source has performed dispersion
20		modeling and the Agency approves the dispersion modeling.
21		(1) Dispersion modeling must:
22		(A) be conducted using accepted United States
23		Environmental Protection Agency methodologies,
24		including Appendix W to 40 CFR 51, except that no
25		background ambient levels of ethylene oxide shall be
26		used;

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1		(B) use emissions and stack parameter data from
2		any emissions test conducted and 5 years of hourly
3		meteorological data that is representative of the
4		nonnegligible ethylene oxide emissions source's
5		location; and
6		(C) use a receptor grid that extends to at least
7		one kilometer around the nonnegligible ethylene oxide
8		emissions source and ensures the modeling domain
9		includes the area of maximum impact, with receptor
10		spacing no greater than every 50 meters starting from
11		the building walls of the nonnegligible ethylene oxide
12		emissions source extending out to a distance of at
13		least 1/2 kilometer, then every 100 meters extending
14		out to a distance of at least one kilometer.
15		(2) The owner or operator of the nonnegligible
16		ethylene oxide emissions source shall submit revised
17		results of all modeling if the Agency accepts with
18		conditions or declines to accept the results submitted.
19		(d) Beginning 180 days after June 21, 2019 (the effective
20		date of Public Act 101-23) this amendatory Act of the 101st
21		General Assembly, no nonnegligible ethylene oxide emissions
22		source shall conduct activities that cause ethylene oxide
23		emissions unless the owner or operator of the nonnegligible
24		ethylene oxide emissions source obtains a permit consistent
25		with the requirements in this Section from the Agency to
26		conduct activities that may result in the emission of ethylene

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1		oxide.
2		(e) The Agency in issuing the applicable permits to a
3		nonnegligible ethylene oxide emissions source shall:
4		(1) impose a site-specific annual cap on ethylene
5		oxide emissions set to protect the public health; and
6		(2) include permit conditions granting the Agency the
7		authority to reopen the permit if the Agency determines
8		that the emissions of ethylene oxide from the permitted
9		nonnegligible ethylene oxide emissions source pose a risk
10		to the public health as defined by the Agency.
11		(Source: P.A. 101-23, eff. 6-21-19; revised 8-9-19.)
12		(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
13		Sec. 21. Prohibited acts. No person shall:
14		(a) Cause or allow the open dumping of any waste.
15		(b) Abandon, dump, or deposit any waste upon the public
16		highways or other public property, except in a sanitary
17		landfill approved by the Agency pursuant to regulations
18		adopted by the Board.
19		(c) Abandon any vehicle in violation of the "Abandoned
20		Vehicles Amendment to the Illinois Vehicle Code", as enacted
21		by the 76th General Assembly.
22		(d) Conduct any waste-storage, waste-treatment, or
23		waste-disposal operation:
24		(1) without a permit granted by the Agency or in
25		violation of any conditions imposed by such permit,

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1		including periodic reports and full access to adequate
2		records and the inspection of facilities, as may be
3		necessary to assure compliance with this Act and with
4		regulations and standards adopted thereunder; provided,
5		however, that, except for municipal solid waste landfill
6		units that receive waste on or after October 9, 1993, and
7		CCR surface impoundments, no permit shall be required for
8		(i) any person conducting a waste-storage,
9		waste-treatment, or waste-disposal operation for wastes
10		generated by such person's own activities which are
11		stored, treated, or disposed within the site where such
12		wastes are generated, or (ii) a facility located in a
13		county with a population over 700,000 as of January 1,
14		2000, operated and located in accordance with Section
15		22.38 of this Act, and used exclusively for the transfer,
16		storage, or treatment of general construction or
17		demolition debris, provided that the facility was
18		receiving construction or demolition debris on August 24,
19		2009 (the effective date of Public Act 96-611) this
20		amendatory Act of the 96th General Assembly;
21		(2) in violation of any regulations or standards
22		adopted by the Board under this Act; or
23		(3) which receives waste after August 31, 1988, does
24		not have a permit issued by the Agency, and is (i) a
25		landfill used exclusively for the disposal of waste
26		generated at the site, (ii) a surface impoundment

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1		receiving special waste not listed in an NPDES permit,
2		(iii) a waste pile in which the total volume of waste is
3		greater than 100 cubic yards or the waste is stored for
4		over one year, or (iv) a land treatment facility receiving
5		special waste generated at the site; without giving notice
6		of the operation to the Agency by January 1, 1989, or 30
7		days after the date on which the operation commences,
8		whichever is later, and every 3 years thereafter. The form
9		for such notification shall be specified by the Agency,
10		and shall be limited to information regarding: the name
11		and address of the location of the operation; the type of
12		operation; the types and amounts of waste stored, treated
13		or disposed of on an annual basis; the remaining capacity
14		of the operation; and the remaining expected life of the
15		operation.
16		Item (3) of this subsection (d) shall not apply to any
17		person engaged in agricultural activity who is disposing of a
18		substance that constitutes solid waste, if the substance was
19		acquired for use by that person on his own property, and the
20		substance is disposed of on his own property in accordance
21		with regulations or standards adopted by the Board.
22		This subsection (d) shall not apply to hazardous waste.
23		(e) Dispose, treat, store or abandon any waste, or
24		transport any waste into this State for disposal, treatment,
25		storage or abandonment, except at a site or facility which
26		meets the requirements of this Act and of regulations and

SB2435 Enrolled - 1548 - LRB102 04062 AMC 14078 b
1		standards thereunder.
2		(f) Conduct any hazardous waste-storage, hazardous
3		waste-treatment or hazardous waste-disposal operation:
4		(1) without a RCRA permit for the site issued by the
5		Agency under subsection (d) of Section 39 of this Act, or
6		in violation of any condition imposed by such permit,
7		including periodic reports and full access to adequate
8		records and the inspection of facilities, as may be
9		necessary to assure compliance with this Act and with
10		regulations and standards adopted thereunder; or
11		(2) in violation of any regulations or standards
12		adopted by the Board under this Act; or
13		(3) in violation of any RCRA permit filing requirement
14		established under standards adopted by the Board under
15		this Act; or
16		(4) in violation of any order adopted by the Board
17		under this Act.
18		Notwithstanding the above, no RCRA permit shall be
19		required under this subsection or subsection (d) of Section 39
20		of this Act for any person engaged in agricultural activity
21		who is disposing of a substance which has been identified as a
22		hazardous waste, and which has been designated by Board
23		regulations as being subject to this exception, if the
24		substance was acquired for use by that person on his own
25		property and the substance is disposed of on his own property
26		in accordance with regulations or standards adopted by the

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1		Board.
2		(g) Conduct any hazardous waste-transportation operation:
3		(1) without registering with and obtaining a special
4		waste hauling permit from the Agency in accordance with
5		the regulations adopted by the Board under this Act; or
6		(2) in violation of any regulations or standards
7		adopted by the Board under this Act.
8		(h) Conduct any hazardous waste-recycling or hazardous
9		waste-reclamation or hazardous waste-reuse operation in
10		violation of any regulations, standards or permit requirements
11		adopted by the Board under this Act.
12		(i) Conduct any process or engage in any act which
13		produces hazardous waste in violation of any regulations or
14		standards adopted by the Board under subsections (a) and (c)
15		of Section 22.4 of this Act.
16		(j) Conduct any special waste-transportation waste
17		transportation operation in violation of any regulations,
18		standards or permit requirements adopted by the Board under
19		this Act. However, sludge from a water or sewage treatment
20		plant owned and operated by a unit of local government which
21		(1) is subject to a sludge management plan approved by the
22		Agency or a permit granted by the Agency, and (2) has been
23		tested and determined not to be a hazardous waste as required
24		by applicable State and federal laws and regulations, may be
25		transported in this State without a special waste hauling
26		permit, and the preparation and carrying of a manifest shall

SB2435 Enrolled - 1550 - LRB102 04062 AMC 14078 b
1		not be required for such sludge under the rules of the
2		Pollution Control Board. The unit of local government which
3		operates the treatment plant producing such sludge shall file
4		an annual report with the Agency identifying the volume of
5		such sludge transported during the reporting period, the
6		hauler of the sludge, and the disposal sites to which it was
7		transported. This subsection (j) shall not apply to hazardous
8		waste.
9		(k) Fail or refuse to pay any fee imposed under this Act.
10		(l) Locate a hazardous waste disposal site above an active
11		or inactive shaft or tunneled mine or within 2 miles of an
12		active fault in the earth's crust. In counties of population
13		less than 225,000 no hazardous waste disposal site shall be
14		located (1) within 1 1/2 miles of the corporate limits as
15		defined on June 30, 1978, of any municipality without the
16		approval of the governing body of the municipality in an
17		official action; or (2) within 1000 feet of an existing
18		private well or the existing source of a public water supply
19		measured from the boundary of the actual active permitted site
20		and excluding existing private wells on the property of the
21		permit applicant. The provisions of this subsection do not
22		apply to publicly owned publicly-owned sewage works or the
23		disposal or utilization of sludge from publicly owned
24		publicly-owned sewage works.
25		(m) Transfer interest in any land which has been used as a
26		hazardous waste disposal site without written notification to

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1		the Agency of the transfer and to the transferee of the
2		conditions imposed by the Agency upon its use under subsection
3		(g) of Section 39.
4		(n) Use any land which has been used as a hazardous waste
5		disposal site except in compliance with conditions imposed by
6		the Agency under subsection (g) of Section 39.
7		(o) Conduct a sanitary landfill operation which is
8		required to have a permit under subsection (d) of this
9		Section, in a manner which results in any of the following
10		conditions:
11		(1) refuse in standing or flowing waters;
12		(2) leachate flows entering waters of the State;
13		(3) leachate flows exiting the landfill confines (as
14		determined by the boundaries established for the landfill
15		by a permit issued by the Agency);
16		(4) open burning of refuse in violation of Section 9
17		of this Act;
18		(5) uncovered refuse remaining from any previous
19		operating day or at the conclusion of any operating day,
20		unless authorized by permit;
21		(6) failure to provide final cover within time limits
22		established by Board regulations;
23		(7) acceptance of wastes without necessary permits;
24		(8) scavenging as defined by Board regulations;
25		(9) deposition of refuse in any unpermitted portion of
26		the landfill;

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1		(10) acceptance of a special waste without a required
2		manifest;
3		(11) failure to submit reports required by permits or
4		Board regulations;
5		(12) failure to collect and contain litter from the
6		site by the end of each operating day;
7		(13) failure to submit any cost estimate for the site
8		or any performance bond or other security for the site as
9		required by this Act or Board rules.
10		The prohibitions specified in this subsection (o) shall be
11		enforceable by the Agency either by administrative citation
12		under Section 31.1 of this Act or as otherwise provided by this
13		Act. The specific prohibitions in this subsection do not limit
14		the power of the Board to establish regulations or standards
15		applicable to sanitary landfills.
16		(p) In violation of subdivision (a) of this Section, cause
17		or allow the open dumping of any waste in a manner which
18		results in any of the following occurrences at the dump site:
19		(1) litter;
20		(2) scavenging;
21		(3) open burning;
22		(4) deposition of waste in standing or flowing waters;
23		(5) proliferation of disease vectors;
24		(6) standing or flowing liquid discharge from the dump
25		site;
26		(7) deposition of:

SB2435 Enrolled - 1553 - LRB102 04062 AMC 14078 b
1		(i) general construction or demolition debris as
2		defined in Section 3.160(a) of this Act; or
3		(ii) clean construction or demolition debris as
4		defined in Section 3.160(b) of this Act.
5		The prohibitions specified in this subsection (p) shall be
6		enforceable by the Agency either by administrative citation
7		under Section 31.1 of this Act or as otherwise provided by this
8		Act. The specific prohibitions in this subsection do not limit
9		the power of the Board to establish regulations or standards
10		applicable to open dumping.
11		(q) Conduct a landscape waste composting operation without
12		an Agency permit, provided, however, that no permit shall be
13		required for any person:
14		(1) conducting a landscape waste composting operation
15		for landscape wastes generated by such person's own
16		activities which are stored, treated, or disposed of
17		within the site where such wastes are generated; or
18		(1.5) conducting a landscape waste composting
19		operation that (i) has no more than 25 cubic yards of
20		landscape waste, composting additives, composting
21		material, or end-product compost on-site at any one time
22		and (ii) is not engaging in commercial activity; or
23		(2) applying landscape waste or composted landscape
24		waste at agronomic rates; or
25		(2.5) operating a landscape waste composting facility
26		at a site having 10 or more occupied non-farm residences

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1		within 1/2 mile of its boundaries, if the facility meets
2		all of the following criteria:
3		(A) the composting facility is operated by the
4		farmer on property on which the composting material is
5		utilized, and the composting facility constitutes no
6		more than 2% of the site's total acreage;
7		(A-5) any composting additives that the composting
8		facility accepts and uses at the facility are
9		necessary to provide proper conditions for composting
10		and do not exceed 10% of the total composting material
11		at the facility at any one time;
12		(B) the property on which the composting facility
13		is located, and any associated property on which the
14		compost is used, is principally and diligently devoted
15		to the production of agricultural crops and is not
16		owned, leased, or otherwise controlled by any waste
17		hauler or generator of nonagricultural compost
18		materials, and the operator of the composting facility
19		is not an employee, partner, shareholder, or in any
20		way connected with or controlled by any such waste
21		hauler or generator;
22		(C) all compost generated by the composting
23		facility is applied at agronomic rates and used as
24		mulch, fertilizer, or soil conditioner on land
25		actually farmed by the person operating the composting
26		facility, and the finished compost is not stored at

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1		the composting site for a period longer than 18 months
2		prior to its application as mulch, fertilizer, or soil
3		conditioner;
4		(D) no fee is charged for the acceptance of
5		materials to be composted at the facility; and
6		(E) the owner or operator, by January 1, 2014 (or
7		the January 1 following commencement of operation,
8		whichever is later) and January 1 of each year
9		thereafter, registers the site with the Agency, (ii)
10		reports to the Agency on the volume of composting
11		material received and used at the site; (iii)
12		certifies to the Agency that the site complies with
13		the requirements set forth in subparagraphs (A),
14		(A-5), (B), (C), and (D) of this paragraph (2.5); and
15		(iv) certifies to the Agency that all composting
16		material was placed more than 200 feet from the
17		nearest potable water supply well, was placed outside
18		the boundary of the 10-year floodplain or on a part of
19		the site that is floodproofed, was placed at least 1/4
20		mile from the nearest residence (other than a
21		residence located on the same property as the
22		facility) or a lesser distance from the nearest
23		residence (other than a residence located on the same
24		property as the facility) if the municipality in which
25		the facility is located has by ordinance approved a
26		lesser distance than 1/4 mile, and was placed more

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1		than 5 feet above the water table; any ordinance
2		approving a residential setback of less than 1/4 mile
3		that is used to meet the requirements of this
4		subparagraph (E) of paragraph (2.5) of this subsection
5		must specifically reference this paragraph; or
6		(3) operating a landscape waste composting facility on
7		a farm, if the facility meets all of the following
8		criteria:
9		(A) the composting facility is operated by the
10		farmer on property on which the composting material is
11		utilized, and the composting facility constitutes no
12		more than 2% of the property's total acreage, except
13		that the Board may allow a higher percentage for
14		individual sites where the owner or operator has
15		demonstrated to the Board that the site's soil
16		characteristics or crop needs require a higher rate;
17		(A-1) the composting facility accepts from other
18		agricultural operations for composting with landscape
19		waste no materials other than uncontaminated and
20		source-separated (i) crop residue and other
21		agricultural plant residue generated from the
22		production and harvesting of crops and other customary
23		farm practices, including, but not limited to, stalks,
24		leaves, seed pods, husks, bagasse, and roots and (ii)
25		plant-derived animal bedding, such as straw or
26		sawdust, that is free of manure and was not made from

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1		painted or treated wood;
2		(A-2) any composting additives that the composting
3		facility accepts and uses at the facility are
4		necessary to provide proper conditions for composting
5		and do not exceed 10% of the total composting material
6		at the facility at any one time;
7		(B) the property on which the composting facility
8		is located, and any associated property on which the
9		compost is used, is principally and diligently devoted
10		to the production of agricultural crops and is not
11		owned, leased or otherwise controlled by any waste
12		hauler or generator of nonagricultural compost
13		materials, and the operator of the composting facility
14		is not an employee, partner, shareholder, or in any
15		way connected with or controlled by any such waste
16		hauler or generator;
17		(C) all compost generated by the composting
18		facility is applied at agronomic rates and used as
19		mulch, fertilizer or soil conditioner on land actually
20		farmed by the person operating the composting
21		facility, and the finished compost is not stored at
22		the composting site for a period longer than 18 months
23		prior to its application as mulch, fertilizer, or soil
24		conditioner;
25		(D) the owner or operator, by January 1 of each
26		year, (i) registers the site with the Agency, (ii)

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1		reports to the Agency on the volume of composting
2		material received and used at the site, (iii)
3		certifies to the Agency that the site complies with
4		the requirements set forth in subparagraphs (A),
5		(A-1), (A-2), (B), and (C) of this paragraph (q)(3),
6		and (iv) certifies to the Agency that all composting
7		material:
8		(I) was placed more than 200 feet from the
9		nearest potable water supply well;
10		(II) was placed outside the boundary of the
11		10-year floodplain or on a part of the site that is
12		floodproofed;
13		(III) was placed either (aa) at least 1/4 mile
14		from the nearest residence (other than a residence
15		located on the same property as the facility) and
16		there are not more than 10 occupied non-farm
17		residences within 1/2 mile of the boundaries of
18		the site on the date of application or (bb) a
19		lesser distance from the nearest residence (other
20		than a residence located on the same property as
21		the facility) provided that the municipality or
22		county in which the facility is located has by
23		ordinance approved a lesser distance than 1/4 mile
24		and there are not more than 10 occupied non-farm
25		residences within 1/2 mile of the boundaries of
26		the site on the date of application; and

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1		(IV) was placed more than 5 feet above the
2		water table.
3		Any ordinance approving a residential setback of
4		less than 1/4 mile that is used to meet the
5		requirements of this subparagraph (D) must
6		specifically reference this subparagraph.
7		For the purposes of this subsection (q), "agronomic rates"
8		means the application of not more than 20 tons per acre per
9		year, except that the Board may allow a higher rate for
10		individual sites where the owner or operator has demonstrated
11		to the Board that the site's soil characteristics or crop
12		needs require a higher rate.
13		(r) Cause or allow the storage or disposal of coal
14		combustion waste unless:
15		(1) such waste is stored or disposed of at a site or
16		facility for which a permit has been obtained or is not
17		otherwise required under subsection (d) of this Section;
18		or
19		(2) such waste is stored or disposed of as a part of
20		the design and reclamation of a site or facility which is
21		an abandoned mine site in accordance with the Abandoned
22		Mined Lands and Water Reclamation Act; or
23		(3) such waste is stored or disposed of at a site or
24		facility which is operating under NPDES and Subtitle D
25		permits issued by the Agency pursuant to regulations
26		adopted by the Board for mine-related water pollution and

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1		permits issued pursuant to the federal Federal Surface
2		Mining Control and Reclamation Act of 1977 (P.L. 95-87) or
3		the rules and regulations thereunder or any law or rule or
4		regulation adopted by the State of Illinois pursuant
5		thereto, and the owner or operator of the facility agrees
6		to accept the waste; and either:
7		(i) such waste is stored or disposed of in
8		accordance with requirements applicable to refuse
9		disposal under regulations adopted by the Board for
10		mine-related water pollution and pursuant to NPDES and
11		Subtitle D permits issued by the Agency under such
12		regulations; or
13		(ii) the owner or operator of the facility
14		demonstrates all of the following to the Agency, and
15		the facility is operated in accordance with the
16		demonstration as approved by the Agency: (1) the
17		disposal area will be covered in a manner that will
18		support continuous vegetation, (2) the facility will
19		be adequately protected from wind and water erosion,
20		(3) the pH will be maintained so as to prevent
21		excessive leaching of metal ions, and (4) adequate
22		containment or other measures will be provided to
23		protect surface water and groundwater from
24		contamination at levels prohibited by this Act, the
25		Illinois Groundwater Protection Act, or regulations
26		adopted pursuant thereto.

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1		Notwithstanding any other provision of this Title, the
2		disposal of coal combustion waste pursuant to item (2) or (3)
3		of this subdivision (r) shall be exempt from the other
4		provisions of this Title V, and notwithstanding the provisions
5		of Title X of this Act, the Agency is authorized to grant
6		experimental permits which include provision for the disposal
7		of wastes from the combustion of coal and other materials
8		pursuant to items (2) and (3) of this subdivision (r).
9		(s) After April 1, 1989, offer for transportation,
10		transport, deliver, receive or accept special waste for which
11		a manifest is required, unless the manifest indicates that the
12		fee required under Section 22.8 of this Act has been paid.
13		(t) Cause or allow a lateral expansion of a municipal
14		solid waste landfill unit on or after October 9, 1993, without
15		a permit modification, granted by the Agency, that authorizes
16		the lateral expansion.
17		(u) Conduct any vegetable by-product treatment, storage,
18		disposal or transportation operation in violation of any
19		regulation, standards or permit requirements adopted by the
20		Board under this Act. However, no permit shall be required
21		under this Title V for the land application of vegetable
22		by-products conducted pursuant to Agency permit issued under
23		Title III of this Act to the generator of the vegetable
24		by-products. In addition, vegetable by-products may be
25		transported in this State without a special waste hauling
26		permit, and without the preparation and carrying of a

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1		manifest.
2		(v) (Blank).
3		(w) Conduct any generation, transportation, or recycling
4		of construction or demolition debris, clean or general, or
5		uncontaminated soil generated during construction, remodeling,
6		repair, and demolition of utilities, structures, and roads
7		that is not commingled with any waste, without the maintenance
8		of documentation identifying the hauler, generator, place of
9		origin of the debris or soil, the weight or volume of the
10		debris or soil, and the location, owner, and operator of the
11		facility where the debris or soil was transferred, disposed,
12		recycled, or treated. This documentation must be maintained by
13		the generator, transporter, or recycler for 3 years. This
14		subsection (w) shall not apply to (1) a permitted pollution
15		control facility that transfers or accepts construction or
16		demolition debris, clean or general, or uncontaminated soil
17		for final disposal, recycling, or treatment, (2) a public
18		utility (as that term is defined in the Public Utilities Act)
19		or a municipal utility, (3) the Illinois Department of
20		Transportation, or (4) a municipality or a county highway
21		department, with the exception of any municipality or county
22		highway department located within a county having a population
23		of over 3,000,000 inhabitants or located in a county that is
24		contiguous to a county having a population of over 3,000,000
25		inhabitants; but it shall apply to an entity that contracts
26		with a public utility, a municipal utility, the Illinois

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1		Department of Transportation, or a municipality or a county
2		highway department. The terms "generation" and "recycling", as
3		used in this subsection, do not apply to clean construction or
4		demolition debris when (i) used as fill material below grade
5		outside of a setback zone if covered by sufficient
6		uncontaminated soil to support vegetation within 30 days of
7		the completion of filling or if covered by a road or structure,
8		(ii) solely broken concrete without protruding metal bars is
9		used for erosion control, or (iii) milled asphalt or crushed
10		concrete is used as aggregate in construction of the shoulder
11		of a roadway. The terms "generation" and "recycling", as used
12		in this subsection, do not apply to uncontaminated soil that
13		is not commingled with any waste when (i) used as fill material
14		below grade or contoured to grade, or (ii) used at the site of
15		generation.
16		(Source: P.A. 100-103, eff. 8-11-17; 101-171, eff. 7-30-19;
17		revised 9-12-19.)
18		(415 ILCS 5/21.7)
19		Sec. 21.7. Landfills.
20		(a) The purpose of this Section is to enact legislative
21		recommendations provided by the Mahomet Aquifer Protection
22		Task Force, established under Public Act 100-403. The Task
23		Force identified capped but unregulated or underregulated
24		landfills that overlie the Mahomet Aquifer as potentially
25		hazardous to valuable groundwater resources. These unregulated

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1		or underregulated landfills generally began accepting waste
2		for disposal sometime prior to 1973.
3		(b) The Agency shall prioritize unregulated or
4		underregulated landfills that overlie the Mahomet Aquifer for
5		inspection. The following factors shall be considered:
6		(1) the presence of, and depth to, any aquifer with
7		potential potable use;
8		(2) whether the landfill has an engineered liner
9		system;
10		(3) whether the landfill has an active groundwater
11		monitoring system;
12		(4) whether waste disposal occurred within the
13		100-year floodplain; and
14		(5) landfills within the setback zone of any potable
15		water supply well.
16		(c) Subject to appropriation, the Agency shall use
17		existing information available from State and federal
18		agencies, such as the Prairie Research Institute, the
19		Department of Natural Resources, the Illinois Emergency
20		Management Agency, the Federal Emergency Management Agency,
21		and the Natural Resources Conservation Service, to identify
22		unknown, unregulated, or underregulated waste disposal sites
23		that overlie the Mahomet Aquifer that may pose a threat to
24		surface water or groundwater resources.
25		(d) Subject to appropriation, for those landfills
26		prioritized for response action following inspection and

SB2435 Enrolled - 1565 - LRB102 04062 AMC 14078 b
1		investigation, the Agency shall use its own data, along with
2		data from municipalities, counties, solid waste management
3		associations, companies, corporations, and individuals, to
4		archive information about the landfills, including their
5		ownership, operational details, and waste disposal history.
6		(Source: P.A. 101-573, eff. 1-1-20; revised 12-9-19.)
7		(415 ILCS 5/22.23d)
8		Sec. 22.23d. Rechargeable batteries.
9		(a) "Rechargeable battery" means one or more voltaic or
10		galvanic cells, electrically connected to produce electric
11		energy, that are is designed to be recharged for repeated
12		uses. "Rechargeable battery" includes, but is not limited to,
13		a battery containing lithium ion, lithium metal, or lithium
14		polymer or that uses lithium as an anode or cathode, that is
15		designed to be recharged for repeated uses. "Rechargeable
16		battery" does not mean either of the following:
17		(1) Any dry cell battery that is used as the principal
18		power source for transportation, including, but not
19		limited to, automobiles, motorcycles, or boats.
20		(2) Any battery that is used only as a backup power
21		source for memory or program instruction storage,
22		timekeeping, or any similar purpose that requires
23		uninterrupted electrical power in order to function if the
24		primary energy supply fails or fluctuates momentarily.
25		(b) Unless expressly authorized by a recycling collection

SB2435 Enrolled - 1566 - LRB102 04062 AMC 14078 b
1		program, beginning January 1, 2020, no person shall knowingly
2		mix a rechargeable battery or any appliance, device, or other
3		item that contains a rechargeable battery with any other
4		material intended for collection by a hauler as a recyclable
5		material.
6		Unless expressly authorized by a recycling collection
7		program, beginning January 1, 2020, no person shall knowingly
8		place a rechargeable battery or any appliance, device, or
9		other item that contains a rechargeable battery into a
10		container intended for collection by a hauler for processing
11		at a recycling center.
12		(c) The Agency shall include on its website information
13		regarding the recycling of rechargeable batteries.
14		(Source: P.A. 101-137, eff. 7-26-19; revised 9-12-19.)
15		(415 ILCS 5/22.59)
16		Sec. 22.59. CCR surface impoundments.
17		(a) The General Assembly finds that:
18		(1) the State of Illinois has a long-standing policy
19		to restore, protect, and enhance the environment,
20		including the purity of the air, land, and waters,
21		including groundwaters, of this State;
22		(2) a clean environment is essential to the growth and
23		well-being of this State;
24		(3) CCR generated by the electric generating industry
25		has caused groundwater contamination and other forms of

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1		pollution at active and inactive plants throughout this
2		State;
3		(4) environmental laws should be supplemented to
4		ensure consistent, responsible regulation of all existing
5		CCR surface impoundments; and
6		(5) meaningful participation of State residents,
7		especially vulnerable populations who may be affected by
8		regulatory actions, is critical to ensure that
9		environmental justice considerations are incorporated in
10		the development of, decision-making related to, and
11		implementation of environmental laws and rulemaking that
12		protects and improves the well-being of communities in
13		this State that bear disproportionate burdens imposed by
14		environmental pollution.
15		Therefore, the purpose of this Section is to promote a
16		healthful environment, including clean water, air, and land,
17		meaningful public involvement, and the responsible disposal
18		and storage of coal combustion residuals, so as to protect
19		public health and to prevent pollution of the environment of
20		this State.
21		The provisions of this Section shall be liberally
22		construed to carry out the purposes of this Section.
23		(b) No person shall:
24		(1) cause or allow the discharge of any contaminants
25		from a CCR surface impoundment into the environment so as
26		to cause, directly or indirectly, a violation of this

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1		Section or any regulations or standards adopted by the
2		Board under this Section, either alone or in combination
3		with contaminants from other sources;
4		(2) construct, install, modify, operate, or close any
5		CCR surface impoundment without a permit granted by the
6		Agency, or so as to violate any conditions imposed by such
7		permit, any provision of this Section or any regulations
8		or standards adopted by the Board under this Section; or
9		(3) cause or allow, directly or indirectly, the
10		discharge, deposit, injection, dumping, spilling, leaking,
11		or placing of any CCR upon the land in a place and manner
12		so as to cause or tend to cause a violation this Section or
13		any regulations or standards adopted by the Board under
14		this Section.
15		(c) For purposes of this Section, a permit issued by the
16		Administrator of the United States Environmental Protection
17		Agency under Section 4005 of the federal Resource Conservation
18		and Recovery Act, shall be deemed to be a permit under this
19		Section and subsection (y) of Section 39.
20		(d) Before commencing closure of a CCR surface
21		impoundment, in accordance with Board rules, the owner of a
22		CCR surface impoundment must submit to the Agency for approval
23		a closure alternatives analysis that analyzes all closure
24		methods being considered and that otherwise satisfies all
25		closure requirements adopted by the Board under this Act.
26		Complete removal of CCR, as specified by the Board's rules,

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1		from the CCR surface impoundment must be considered and
2		analyzed. Section 3.405 does not apply to the Board's rules
3		specifying complete removal of CCR. The selected closure
4		method must ensure compliance with regulations adopted by the
5		Board pursuant to this Section.
6		(e) Owners or operators of CCR surface impoundments who
7		have submitted a closure plan to the Agency before May 1, 2019,
8		and who have completed closure prior to 24 months after July
9		30, 2019 (the effective date of Public Act 101-171) this
10		amendatory Act of the 101st General Assembly shall not be
11		required to obtain a construction permit for the surface
12		impoundment closure under this Section.
13		(f) Except for the State, its agencies and institutions, a
14		unit of local government, or not-for-profit electric
15		cooperative as defined in Section 3.4 of the Electric Supplier
16		Act, any person who owns or operates a CCR surface impoundment
17		in this State shall post with the Agency a performance bond or
18		other security for the purpose of: (i) ensuring closure of the
19		CCR surface impoundment and post-closure care in accordance
20		with this Act and its rules; and (ii) insuring remediation of
21		releases from the CCR surface impoundment. The only acceptable
22		forms of financial assurance are: a trust fund, a surety bond
23		guaranteeing payment, a surety bond guaranteeing performance,
24		or an irrevocable letter of credit.
25		(1) The cost estimate for the post-closure care of a
26		CCR surface impoundment shall be calculated using a

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1		30-year post-closure care period or such longer period as
2		may be approved by the Agency under Board or federal
3		rules.
4		(2) The Agency is authorized to enter into such
5		contracts and agreements as it may deem necessary to carry
6		out the purposes of this Section. Neither the State, nor
7		the Director, nor any State employee shall be liable for
8		any damages or injuries arising out of or resulting from
9		any action taken under this Section.
10		(3) The Agency shall have the authority to approve or
11		disapprove any performance bond or other security posted
12		under this subsection. Any person whose performance bond
13		or other security is disapproved by the Agency may contest
14		the disapproval as a permit denial appeal pursuant to
15		Section 40.
16		(g) The Board shall adopt rules establishing construction
17		permit requirements, operating permit requirements, design
18		standards, reporting, financial assurance, and closure and
19		post-closure care requirements for CCR surface impoundments.
20		Not later than 8 months after July 30, 2019 (the effective date
21		of Public Act 101-171) this amendatory Act of the 101st
22		General Assembly the Agency shall propose, and not later than
23		one year after receipt of the Agency's proposal the Board
24		shall adopt, rules under this Section. The rules must, at a
25		minimum:
26		(1) be at least as protective and comprehensive as the

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1		federal regulations or amendments thereto promulgated by
2		the Administrator of the United States Environmental
3		Protection Agency in Subpart D of 40 CFR 257 governing CCR
4		surface impoundments;
5		(2) specify the minimum contents of CCR surface
6		impoundment construction and operating permit
7		applications, including the closure alternatives analysis
8		required under subsection (d);
9		(3) specify which types of permits include
10		requirements for closure, post-closure, remediation and
11		all other requirements applicable to CCR surface
12		impoundments;
13		(4) specify when permit applications for existing CCR
14		surface impoundments must be submitted, taking into
15		consideration whether the CCR surface impoundment must
16		close under the RCRA;
17		(5) specify standards for review and approval by the
18		Agency of CCR surface impoundment permit applications;
19		(6) specify meaningful public participation procedures
20		for the issuance of CCR surface impoundment construction
21		and operating permits, including, but not limited to,
22		public notice of the submission of permit applications, an
23		opportunity for the submission of public comments, an
24		opportunity for a public hearing prior to permit issuance,
25		and a summary and response of the comments prepared by the
26		Agency;

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1		(7) prescribe the type and amount of the performance
2		bonds or other securities required under subsection (f),
3		and the conditions under which the State is entitled to
4		collect moneys from such performance bonds or other
5		securities;
6		(8) specify a procedure to identify areas of
7		environmental justice concern in relation to CCR surface
8		impoundments;
9		(9) specify a method to prioritize CCR surface
10		impoundments required to close under RCRA if not otherwise
11		specified by the United States Environmental Protection
12		Agency, so that the CCR surface impoundments with the
13		highest risk to public health and the environment, and
14		areas of environmental justice concern are given first
15		priority;
16		(10) define when complete removal of CCR is achieved
17		and specify the standards for responsible removal of CCR
18		from CCR surface impoundments, including, but not limited
19		to, dust controls and the protection of adjacent surface
20		water and groundwater; and
21		(11) describe the process and standards for
22		identifying a specific alternative source of groundwater
23		pollution when the owner or operator of the CCR surface
24		impoundment believes that groundwater contamination on the
25		site is not from the CCR surface impoundment.
26		(h) Any owner of a CCR surface impoundment that generates

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1		CCR and sells or otherwise provides coal combustion byproducts
2		pursuant to Section 3.135 shall, every 12 months, post on its
3		publicly available website a report specifying the volume or
4		weight of CCR, in cubic yards or tons, that it sold or provided
5		during the past 12 months.
6		(i) The owner of a CCR surface impoundment shall post all
7		closure plans, permit applications, and supporting
8		documentation, as well as any Agency approval of the plans or
9		applications on its publicly available website.
10		(j) The owner or operator of a CCR surface impoundment
11		shall pay the following fees:
12		(1) An initial fee to the Agency within 6 months after
13		July 30, 2019 (the effective date of Public Act 101-171)
14		this amendatory Act of the 101st General Assembly of:
15		$50,000 for each closed CCR surface impoundment;
16		and
17		$75,000 for each CCR surface impoundment that have
18		not completed closure.
19		(2) Annual fees to the Agency, beginning on July 1,
20		2020, of:
21		$25,000 for each CCR surface impoundment that has
22		not completed closure; and
23		$15,000 for each CCR surface impoundment that has
24		completed closure, but has not completed post-closure
25		care.
26		(k) All fees collected by the Agency under subsection (j)

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1		shall be deposited into the Environmental Protection Permit
2		and Inspection Fund.
3		(l) The Coal Combustion Residual Surface Impoundment
4		Financial Assurance Fund is created as a special fund in the
5		State treasury. Any moneys forfeited to the State of Illinois
6		from any performance bond or other security required under
7		this Section shall be placed in the Coal Combustion Residual
8		Surface Impoundment Financial Assurance Fund and shall, upon
9		approval by the Governor and the Director, be used by the
10		Agency for the purposes for which such performance bond or
11		other security was issued. The Coal Combustion Residual
12		Surface Impoundment Financial Assurance Fund is not subject to
13		the provisions of subsection (c) of Section 5 of the State
14		Finance Act.
15		(m) The provisions of this Section shall apply, without
16		limitation, to all existing CCR surface impoundments and any
17		CCR surface impoundments constructed after July 30, 2019 (the
18		effective date of Public Act 101-171) this amendatory Act of
19		the 101st General Assembly, except to the extent prohibited by
20		the Illinois or United States Constitutions.
21		(Source: P.A. 101-171, eff. 7-30-19; revised 10-22-19.)
22		(415 ILCS 5/22.60)
23		(For Section repeal see subsection (e))
24		Sec. 22.60 22.59. Pilot project for Will County and Grundy
25		County pyrolysis or gasification facility.

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1		(a) As used in this Section:
2		"Plastics" means polystyrene or any other synthetic
3		organic polymer that can be molded into shape under heat and
4		pressure and then set into a rigid or slightly elastic form.
5		"Plastics gasification facility" means a manufacturing
6		facility that:
7		(1) receives only uncontaminated plastics that have
8		been processed prior to receipt at the facility into a
9		feedstock meeting the facility's specifications for a
10		gasification feedstock; and
11		(2) uses heat in an oxygen-deficient atmosphere to
12		process the feedstock into fuels, chemicals, or chemical
13		feedstocks that are returned to the economic mainstream in
14		the form of raw materials or products.
15		"Plastics pyrolysis facility" means a manufacturing
16		facility that:
17		(1) receives only uncontaminated plastics that have
18		been processed prior to receipt at the facility into a
19		feedstock meeting the facility's specifications for a
20		pyrolysis feedstock; and
21		(2) uses heat in the absence of oxygen to process the
22		uncontaminated plastics into fuels, chemicals, or chemical
23		feedstocks that are returned to the economic mainstream in
24		the form of raw materials or products.
25		(b) Provided that permitting and construction has
26		commenced prior to July 1, 2025, a pilot project allowing for a

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1		pyrolysis or gasification facility in accordance with this
2		Section is permitted for a locally zoned and approved site in
3		either Will County or Grundy County.
4		(c) To the extent allowed by federal law, uncontaminated
5		plastics that have been processed into a feedstock meeting
6		feedstock specifications for a plastics gasification facility
7		or plastics pyrolysis facility, and that are further processed
8		by such a facility and returned to the economic mainstream in
9		the form of raw materials or products, are considered recycled
10		and are not subject to regulation as waste.
11		(d) The Agency may propose to the Board for adoption, and
12		the Board may adopt, rules establishing standards for
13		materials accepted as feedstocks by plastics gasification
14		facilities and plastics pyrolysis facilities, rules
15		establishing standards for the management of feedstocks at
16		plastics gasification facilities and plastics pyrolysis
17		facilities, and any other rules, as may be necessary to
18		implement and administer this Section.
19		(e) If permitting and construction for the pilot project
20		under subsection (b) has not commenced by July 1, 2025, this
21		Section is repealed.
22		(Source: P.A. 101-141, eff. 7-1-20; revised 8-4-20.)
23		(415 ILCS 5/22.61)
24		Sec. 22.61 22.59. Regulation of bisphenol A in business
25		transaction paper.

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1		(a) For purposes of this Section, "thermal paper" means
2		paper with bisphenol A added to the coating.
3		(b) Beginning January 1, 2020, no person shall
4		manufacture, for sale in this State, thermal paper.
5		(c) No person shall distribute or use any thermal paper
6		for the making of business or banking records, including, but
7		not limited to, records of receipts, credits, withdrawals,
8		deposits, or credit or debit card transactions. This
9		subsection shall not apply to thermal paper that was
10		manufactured prior to January 1, 2020.
11		(d) The prohibition in subsections (a) and (b) shall not
12		apply to paper containing recycled material.
13		(Source: P.A. 101-457, eff. 8-23-19; revised 10-22-19.)
14		(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
15		Sec. 39. Issuance of permits; procedures.
16		(a) When the Board has by regulation required a permit for
17		the construction, installation, or operation of any type of
18		facility, equipment, vehicle, vessel, or aircraft, the
19		applicant shall apply to the Agency for such permit and it
20		shall be the duty of the Agency to issue such a permit upon
21		proof by the applicant that the facility, equipment, vehicle,
22		vessel, or aircraft will not cause a violation of this Act or
23		of regulations hereunder. The Agency shall adopt such
24		procedures as are necessary to carry out its duties under this
25		Section. In making its determinations on permit applications

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1		under this Section the Agency may consider prior adjudications
2		of noncompliance with this Act by the applicant that involved
3		a release of a contaminant into the environment. In granting
4		permits, the Agency may impose reasonable conditions
5		specifically related to the applicant's past compliance
6		history with this Act as necessary to correct, detect, or
7		prevent noncompliance. The Agency may impose such other
8		conditions as may be necessary to accomplish the purposes of
9		this Act, and as are not inconsistent with the regulations
10		promulgated by the Board hereunder. Except as otherwise
11		provided in this Act, a bond or other security shall not be
12		required as a condition for the issuance of a permit. If the
13		Agency denies any permit under this Section, the Agency shall
14		transmit to the applicant within the time limitations of this
15		Section specific, detailed statements as to the reasons the
16		permit application was denied. Such statements shall include,
17		but not be limited to the following:
18		(i) the Sections of this Act which may be violated if
19		the permit were granted;
20		(ii) the provision of the regulations, promulgated
21		under this Act, which may be violated if the permit were
22		granted;
23		(iii) the specific type of information, if any, which
24		the Agency deems the applicant did not provide the Agency;
25		and
26		(iv) a statement of specific reasons why the Act and

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1		the regulations might not be met if the permit were
2		granted.
3		If there is no final action by the Agency within 90 days
4		after the filing of the application for permit, the applicant
5		may deem the permit issued; except that this time period shall
6		be extended to 180 days when (1) notice and opportunity for
7		public hearing are required by State or federal law or
8		regulation, (2) the application which was filed is for any
9		permit to develop a landfill subject to issuance pursuant to
10		this subsection, or (3) the application that was filed is for a
11		MSWLF unit required to issue public notice under subsection
12		(p) of Section 39. The 90-day and 180-day time periods for the
13		Agency to take final action do not apply to NPDES permit
14		applications under subsection (b) of this Section, to RCRA
15		permit applications under subsection (d) of this Section, to
16		UIC permit applications under subsection (e) of this Section,
17		or to CCR surface impoundment applications under subsection
18		(y) of this Section.
19		The Agency shall publish notice of all final permit
20		determinations for development permits for MSWLF units and for
21		significant permit modifications for lateral expansions for
22		existing MSWLF units one time in a newspaper of general
23		circulation in the county in which the unit is or is proposed
24		to be located.
25		After January 1, 1994 and until July 1, 1998, operating
26		permits issued under this Section by the Agency for sources of

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1		air pollution permitted to emit less than 25 tons per year of
2		any combination of regulated air pollutants, as defined in
3		Section 39.5 of this Act, shall be required to be renewed only
4		upon written request by the Agency consistent with applicable
5		provisions of this Act and regulations promulgated hereunder.
6		Such operating permits shall expire 180 days after the date of
7		such a request. The Board shall revise its regulations for the
8		existing State air pollution operating permit program
9		consistent with this provision by January 1, 1994.
10		After June 30, 1998, operating permits issued under this
11		Section by the Agency for sources of air pollution that are not
12		subject to Section 39.5 of this Act and are not required to
13		have a federally enforceable State operating permit shall be
14		required to be renewed only upon written request by the Agency
15		consistent with applicable provisions of this Act and its
16		rules. Such operating permits shall expire 180 days after the
17		date of such a request. Before July 1, 1998, the Board shall
18		revise its rules for the existing State air pollution
19		operating permit program consistent with this paragraph and
20		shall adopt rules that require a source to demonstrate that it
21		qualifies for a permit under this paragraph.
22		(b) The Agency may issue NPDES permits exclusively under
23		this subsection for the discharge of contaminants from point
24		sources into navigable waters, all as defined in the Federal
25		Water Pollution Control Act, as now or hereafter amended,
26		within the jurisdiction of the State, or into any well.

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1		All NPDES permits shall contain those terms and
2		conditions, including, but not limited to, schedules of
3		compliance, which may be required to accomplish the purposes
4		and provisions of this Act.
5		The Agency may issue general NPDES permits for discharges
6		from categories of point sources which are subject to the same
7		permit limitations and conditions. Such general permits may be
8		issued without individual applications and shall conform to
9		regulations promulgated under Section 402 of the Federal Water
10		Pollution Control Act, as now or hereafter amended.
11		The Agency may include, among such conditions, effluent
12		limitations and other requirements established under this Act,
13		Board regulations, the Federal Water Pollution Control Act, as
14		now or hereafter amended, and regulations pursuant thereto,
15		and schedules for achieving compliance therewith at the
16		earliest reasonable date.
17		The Agency shall adopt filing requirements and procedures
18		which are necessary and appropriate for the issuance of NPDES
19		permits, and which are consistent with the Act or regulations
20		adopted by the Board, and with the Federal Water Pollution
21		Control Act, as now or hereafter amended, and regulations
22		pursuant thereto.
23		The Agency, subject to any conditions which may be
24		prescribed by Board regulations, may issue NPDES permits to
25		allow discharges beyond deadlines established by this Act or
26		by regulations of the Board without the requirement of a

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1		variance, subject to the Federal Water Pollution Control Act,
2		as now or hereafter amended, and regulations pursuant thereto.
3		(c) Except for those facilities owned or operated by
4		sanitary districts organized under the Metropolitan Water
5		Reclamation District Act, no permit for the development or
6		construction of a new pollution control facility may be
7		granted by the Agency unless the applicant submits proof to
8		the Agency that the location of the facility has been approved
9		by the county board County Board of the county if in an
10		unincorporated area, or the governing body of the municipality
11		when in an incorporated area, in which the facility is to be
12		located in accordance with Section 39.2 of this Act. For
13		purposes of this subsection (c), and for purposes of Section
14		39.2 of this Act, the appropriate county board or governing
15		body of the municipality shall be the county board of the
16		county or the governing body of the municipality in which the
17		facility is to be located as of the date when the application
18		for siting approval is filed.
19		In the event that siting approval granted pursuant to
20		Section 39.2 has been transferred to a subsequent owner or
21		operator, that subsequent owner or operator may apply to the
22		Agency for, and the Agency may grant, a development or
23		construction permit for the facility for which local siting
24		approval was granted. Upon application to the Agency for a
25		development or construction permit by that subsequent owner or
26		operator, the permit applicant shall cause written notice of

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1		the permit application to be served upon the appropriate
2		county board or governing body of the municipality that
3		granted siting approval for that facility and upon any party
4		to the siting proceeding pursuant to which siting approval was
5		granted. In that event, the Agency shall conduct an evaluation
6		of the subsequent owner or operator's prior experience in
7		waste management operations in the manner conducted under
8		subsection (i) of Section 39 of this Act.
9		Beginning August 20, 1993, if the pollution control
10		facility consists of a hazardous or solid waste disposal
11		facility for which the proposed site is located in an
12		unincorporated area of a county with a population of less than
13		100,000 and includes all or a portion of a parcel of land that
14		was, on April 1, 1993, adjacent to a municipality having a
15		population of less than 5,000, then the local siting review
16		required under this subsection (c) in conjunction with any
17		permit applied for after that date shall be performed by the
18		governing body of that adjacent municipality rather than the
19		county board of the county in which the proposed site is
20		located; and for the purposes of that local siting review, any
21		references in this Act to the county board shall be deemed to
22		mean the governing body of that adjacent municipality;
23		provided, however, that the provisions of this paragraph shall
24		not apply to any proposed site which was, on April 1, 1993,
25		owned in whole or in part by another municipality.
26		In the case of a pollution control facility for which a

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1		development permit was issued before November 12, 1981, if an
2		operating permit has not been issued by the Agency prior to
3		August 31, 1989 for any portion of the facility, then the
4		Agency may not issue or renew any development permit nor issue
5		an original operating permit for any portion of such facility
6		unless the applicant has submitted proof to the Agency that
7		the location of the facility has been approved by the
8		appropriate county board or municipal governing body pursuant
9		to Section 39.2 of this Act.
10		After January 1, 1994, if a solid waste disposal facility,
11		any portion for which an operating permit has been issued by
12		the Agency, has not accepted waste disposal for 5 or more
13		consecutive calendar calendars years, before that facility may
14		accept any new or additional waste for disposal, the owner and
15		operator must obtain a new operating permit under this Act for
16		that facility unless the owner and operator have applied to
17		the Agency for a permit authorizing the temporary suspension
18		of waste acceptance. The Agency may not issue a new operation
19		permit under this Act for the facility unless the applicant
20		has submitted proof to the Agency that the location of the
21		facility has been approved or re-approved by the appropriate
22		county board or municipal governing body under Section 39.2 of
23		this Act after the facility ceased accepting waste.
24		Except for those facilities owned or operated by sanitary
25		districts organized under the Metropolitan Water Reclamation
26		District Act, and except for new pollution control facilities

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1		governed by Section 39.2, and except for fossil fuel mining
2		facilities, the granting of a permit under this Act shall not
3		relieve the applicant from meeting and securing all necessary
4		zoning approvals from the unit of government having zoning
5		jurisdiction over the proposed facility.
6		Before beginning construction on any new sewage treatment
7		plant or sludge drying site to be owned or operated by a
8		sanitary district organized under the Metropolitan Water
9		Reclamation District Act for which a new permit (rather than
10		the renewal or amendment of an existing permit) is required,
11		such sanitary district shall hold a public hearing within the
12		municipality within which the proposed facility is to be
13		located, or within the nearest community if the proposed
14		facility is to be located within an unincorporated area, at
15		which information concerning the proposed facility shall be
16		made available to the public, and members of the public shall
17		be given the opportunity to express their views concerning the
18		proposed facility.
19		The Agency may issue a permit for a municipal waste
20		transfer station without requiring approval pursuant to
21		Section 39.2 provided that the following demonstration is
22		made:
23		(1) the municipal waste transfer station was in
24		existence on or before January 1, 1979 and was in
25		continuous operation from January 1, 1979 to January 1,
26		1993;

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1		(2) the operator submitted a permit application to the
2		Agency to develop and operate the municipal waste transfer
3		station during April of 1994;
4		(3) the operator can demonstrate that the county board
5		of the county, if the municipal waste transfer station is
6		in an unincorporated area, or the governing body of the
7		municipality, if the station is in an incorporated area,
8		does not object to resumption of the operation of the
9		station; and
10		(4) the site has local zoning approval.
11		(d) The Agency may issue RCRA permits exclusively under
12		this subsection to persons owning or operating a facility for
13		the treatment, storage, or disposal of hazardous waste as
14		defined under this Act. Subsection (y) of this Section, rather
15		than this subsection (d), shall apply to permits issued for
16		CCR surface impoundments.
17		All RCRA permits shall contain those terms and conditions,
18		including, but not limited to, schedules of compliance, which
19		may be required to accomplish the purposes and provisions of
20		this Act. The Agency may include among such conditions
21		standards and other requirements established under this Act,
22		Board regulations, the Resource Conservation and Recovery Act
23		of 1976 (P.L. 94-580), as amended, and regulations pursuant
24		thereto, and may include schedules for achieving compliance
25		therewith as soon as possible. The Agency shall require that a
26		performance bond or other security be provided as a condition

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1		for the issuance of a RCRA permit.
2		In the case of a permit to operate a hazardous waste or PCB
3		incinerator as defined in subsection (k) of Section 44, the
4		Agency shall require, as a condition of the permit, that the
5		operator of the facility perform such analyses of the waste to
6		be incinerated as may be necessary and appropriate to ensure
7		the safe operation of the incinerator.
8		The Agency shall adopt filing requirements and procedures
9		which are necessary and appropriate for the issuance of RCRA
10		permits, and which are consistent with the Act or regulations
11		adopted by the Board, and with the Resource Conservation and
12		Recovery Act of 1976 (P.L. 94-580), as amended, and
13		regulations pursuant thereto.
14		The applicant shall make available to the public for
15		inspection all documents submitted by the applicant to the
16		Agency in furtherance of an application, with the exception of
17		trade secrets, at the office of the county board or governing
18		body of the municipality. Such documents may be copied upon
19		payment of the actual cost of reproduction during regular
20		business hours of the local office. The Agency shall issue a
21		written statement concurrent with its grant or denial of the
22		permit explaining the basis for its decision.
23		(e) The Agency may issue UIC permits exclusively under
24		this subsection to persons owning or operating a facility for
25		the underground injection of contaminants as defined under
26		this Act.

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1		All UIC permits shall contain those terms and conditions,
2		including, but not limited to, schedules of compliance, which
3		may be required to accomplish the purposes and provisions of
4		this Act. The Agency may include among such conditions
5		standards and other requirements established under this Act,
6		Board regulations, the Safe Drinking Water Act (P.L. 93-523),
7		as amended, and regulations pursuant thereto, and may include
8		schedules for achieving compliance therewith. The Agency shall
9		require that a performance bond or other security be provided
10		as a condition for the issuance of a UIC permit.
11		The Agency shall adopt filing requirements and procedures
12		which are necessary and appropriate for the issuance of UIC
13		permits, and which are consistent with the Act or regulations
14		adopted by the Board, and with the Safe Drinking Water Act
15		(P.L. 93-523), as amended, and regulations pursuant thereto.
16		The applicant shall make available to the public for
17		inspection, all documents submitted by the applicant to the
18		Agency in furtherance of an application, with the exception of
19		trade secrets, at the office of the county board or governing
20		body of the municipality. Such documents may be copied upon
21		payment of the actual cost of reproduction during regular
22		business hours of the local office. The Agency shall issue a
23		written statement concurrent with its grant or denial of the
24		permit explaining the basis for its decision.
25		(f) In making any determination pursuant to Section 9.1 of
26		this Act:

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1		(1) The Agency shall have authority to make the
2		determination of any question required to be determined by
3		the Clean Air Act, as now or hereafter amended, this Act,
4		or the regulations of the Board, including the
5		determination of the Lowest Achievable Emission Rate,
6		Maximum Achievable Control Technology, or Best Available
7		Control Technology, consistent with the Board's
8		regulations, if any.
9		(2) The Agency shall adopt requirements as necessary
10		to implement public participation procedures, including,
11		but not limited to, public notice, comment, and an
12		opportunity for hearing, which must accompany the
13		processing of applications for PSD permits. The Agency
14		shall briefly describe and respond to all significant
15		comments on the draft permit raised during the public
16		comment period or during any hearing. The Agency may group
17		related comments together and provide one unified response
18		for each issue raised.
19		(3) Any complete permit application submitted to the
20		Agency under this subsection for a PSD permit shall be
21		granted or denied by the Agency not later than one year
22		after the filing of such completed application.
23		(4) The Agency shall, after conferring with the
24		applicant, give written notice to the applicant of its
25		proposed decision on the application, including the terms
26		and conditions of the permit to be issued and the facts,

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1		conduct, or other basis upon which the Agency will rely to
2		support its proposed action.
3		(g) The Agency shall include as conditions upon all
4		permits issued for hazardous waste disposal sites such
5		restrictions upon the future use of such sites as are
6		reasonably necessary to protect public health and the
7		environment, including permanent prohibition of the use of
8		such sites for purposes which may create an unreasonable risk
9		of injury to human health or to the environment. After
10		administrative and judicial challenges to such restrictions
11		have been exhausted, the Agency shall file such restrictions
12		of record in the Office of the Recorder of the county in which
13		the hazardous waste disposal site is located.
14		(h) A hazardous waste stream may not be deposited in a
15		permitted hazardous waste site unless specific authorization
16		is obtained from the Agency by the generator and disposal site
17		owner and operator for the deposit of that specific hazardous
18		waste stream. The Agency may grant specific authorization for
19		disposal of hazardous waste streams only after the generator
20		has reasonably demonstrated that, considering technological
21		feasibility and economic reasonableness, the hazardous waste
22		cannot be reasonably recycled for reuse, nor incinerated or
23		chemically, physically or biologically treated so as to
24		neutralize the hazardous waste and render it nonhazardous. In
25		granting authorization under this Section, the Agency may
26		impose such conditions as may be necessary to accomplish the

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1		purposes of the Act and are consistent with this Act and
2		regulations promulgated by the Board hereunder. If the Agency
3		refuses to grant authorization under this Section, the
4		applicant may appeal as if the Agency refused to grant a
5		permit, pursuant to the provisions of subsection (a) of
6		Section 40 of this Act. For purposes of this subsection (h),
7		the term "generator" has the meaning given in Section 3.205 of
8		this Act, unless: (1) the hazardous waste is treated,
9		incinerated, or partially recycled for reuse prior to
10		disposal, in which case the last person who treats,
11		incinerates, or partially recycles the hazardous waste prior
12		to disposal is the generator; or (2) the hazardous waste is
13		from a response action, in which case the person performing
14		the response action is the generator. This subsection (h) does
15		not apply to any hazardous waste that is restricted from land
16		disposal under 35 Ill. Adm. Code 728.
17		(i) Before issuing any RCRA permit, any permit for a waste
18		storage site, sanitary landfill, waste disposal site, waste
19		transfer station, waste treatment facility, waste incinerator,
20		or any waste-transportation operation, any permit or interim
21		authorization for a clean construction or demolition debris
22		fill operation, or any permit required under subsection (d-5)
23		of Section 55, the Agency shall conduct an evaluation of the
24		prospective owner's or operator's prior experience in waste
25		management operations, clean construction or demolition debris
26		fill operations, and tire storage site management. The Agency

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1		may deny such a permit, or deny or revoke interim
2		authorization, if the prospective owner or operator or any
3		employee or officer of the prospective owner or operator has a
4		history of:
5		(1) repeated violations of federal, State, or local
6		laws, regulations, standards, or ordinances in the
7		operation of waste management facilities or sites, clean
8		construction or demolition debris fill operation
9		facilities or sites, or tire storage sites; or
10		(2) conviction in this or another State of any crime
11		which is a felony under the laws of this State, or
12		conviction of a felony in a federal court; or conviction
13		in this or another state or federal court of any of the
14		following crimes: forgery, official misconduct, bribery,
15		perjury, or knowingly submitting false information under
16		any environmental law, regulation, or permit term or
17		condition; or
18		(3) proof of gross carelessness or incompetence in
19		handling, storing, processing, transporting or disposing
20		of waste, clean construction or demolition debris, or used
21		or waste tires, or proof of gross carelessness or
22		incompetence in using clean construction or demolition
23		debris as fill.
24		(i-5) Before issuing any permit or approving any interim
25		authorization for a clean construction or demolition debris
26		fill operation in which any ownership interest is transferred

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1		between January 1, 2005, and the effective date of the
2		prohibition set forth in Section 22.52 of this Act, the Agency
3		shall conduct an evaluation of the operation if any previous
4		activities at the site or facility may have caused or allowed
5		contamination of the site. It shall be the responsibility of
6		the owner or operator seeking the permit or interim
7		authorization to provide to the Agency all of the information
8		necessary for the Agency to conduct its evaluation. The Agency
9		may deny a permit or interim authorization if previous
10		activities at the site may have caused or allowed
11		contamination at the site, unless such contamination is
12		authorized under any permit issued by the Agency.
13		(j) The issuance under this Act of a permit to engage in
14		the surface mining of any resources other than fossil fuels
15		shall not relieve the permittee from its duty to comply with
16		any applicable local law regulating the commencement, location
17		or operation of surface mining facilities.
18		(k) A development permit issued under subsection (a) of
19		Section 39 for any facility or site which is required to have a
20		permit under subsection (d) of Section 21 shall expire at the
21		end of 2 calendar years from the date upon which it was issued,
22		unless within that period the applicant has taken action to
23		develop the facility or the site. In the event that review of
24		the conditions of the development permit is sought pursuant to
25		Section 40 or 41, or permittee is prevented from commencing
26		development of the facility or site by any other litigation

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1		beyond the permittee's control, such two-year period shall be
2		deemed to begin on the date upon which such review process or
3		litigation is concluded.
4		(l) No permit shall be issued by the Agency under this Act
5		for construction or operation of any facility or site located
6		within the boundaries of any setback zone established pursuant
7		to this Act, where such construction or operation is
8		prohibited.
9		(m) The Agency may issue permits to persons owning or
10		operating a facility for composting landscape waste. In
11		granting such permits, the Agency may impose such conditions
12		as may be necessary to accomplish the purposes of this Act, and
13		as are not inconsistent with applicable regulations
14		promulgated by the Board. Except as otherwise provided in this
15		Act, a bond or other security shall not be required as a
16		condition for the issuance of a permit. If the Agency denies
17		any permit pursuant to this subsection, the Agency shall
18		transmit to the applicant within the time limitations of this
19		subsection specific, detailed statements as to the reasons the
20		permit application was denied. Such statements shall include
21		but not be limited to the following:
22		(1) the Sections of this Act that may be violated if
23		the permit were granted;
24		(2) the specific regulations promulgated pursuant to
25		this Act that may be violated if the permit were granted;
26		(3) the specific information, if any, the Agency deems

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1		the applicant did not provide in its application to the
2		Agency; and
3		(4) a statement of specific reasons why the Act and
4		the regulations might be violated if the permit were
5		granted.
6		If no final action is taken by the Agency within 90 days
7		after the filing of the application for permit, the applicant
8		may deem the permit issued. Any applicant for a permit may
9		waive the 90-day limitation by filing a written statement with
10		the Agency.
11		The Agency shall issue permits for such facilities upon
12		receipt of an application that includes a legal description of
13		the site, a topographic map of the site drawn to the scale of
14		200 feet to the inch or larger, a description of the operation,
15		including the area served, an estimate of the volume of
16		materials to be processed, and documentation that:
17		(1) the facility includes a setback of at least 200
18		feet from the nearest potable water supply well;
19		(2) the facility is located outside the boundary of
20		the 10-year floodplain or the site will be floodproofed;
21		(3) the facility is located so as to minimize
22		incompatibility with the character of the surrounding
23		area, including at least a 200 foot setback from any
24		residence, and in the case of a facility that is developed
25		or the permitted composting area of which is expanded
26		after November 17, 1991, the composting area is located at

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1		least 1/8 mile from the nearest residence (other than a
2		residence located on the same property as the facility);
3		(4) the design of the facility will prevent any
4		compost material from being placed within 5 feet of the
5		water table, will adequately control runoff from the site,
6		and will collect and manage any leachate that is generated
7		on the site;
8		(5) the operation of the facility will include
9		appropriate dust and odor control measures, limitations on
10		operating hours, appropriate noise control measures for
11		shredding, chipping and similar equipment, management
12		procedures for composting, containment and disposal of
13		non-compostable wastes, procedures to be used for
14		terminating operations at the site, and recordkeeping
15		sufficient to document the amount of materials received,
16		composted and otherwise disposed of; and
17		(6) the operation will be conducted in accordance with
18		any applicable rules adopted by the Board.
19		The Agency shall issue renewable permits of not longer
20		than 10 years in duration for the composting of landscape
21		wastes, as defined in Section 3.155 of this Act, based on the
22		above requirements.
23		The operator of any facility permitted under this
24		subsection (m) must submit a written annual statement to the
25		Agency on or before April 1 of each year that includes an
26		estimate of the amount of material, in tons, received for

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1		composting.
2		(n) The Agency shall issue permits jointly with the
3		Department of Transportation for the dredging or deposit of
4		material in Lake Michigan in accordance with Section 18 of the
5		Rivers, Lakes, and Streams Act.
6		(o) (Blank.)
7		(p) (1) Any person submitting an application for a permit
8		for a new MSWLF unit or for a lateral expansion under
9		subsection (t) of Section 21 of this Act for an existing MSWLF
10		unit that has not received and is not subject to local siting
11		approval under Section 39.2 of this Act shall publish notice
12		of the application in a newspaper of general circulation in
13		the county in which the MSWLF unit is or is proposed to be
14		located. The notice must be published at least 15 days before
15		submission of the permit application to the Agency. The notice
16		shall state the name and address of the applicant, the
17		location of the MSWLF unit or proposed MSWLF unit, the nature
18		and size of the MSWLF unit or proposed MSWLF unit, the nature
19		of the activity proposed, the probable life of the proposed
20		activity, the date the permit application will be submitted,
21		and a statement that persons may file written comments with
22		the Agency concerning the permit application within 30 days
23		after the filing of the permit application unless the time
24		period to submit comments is extended by the Agency.
25		When a permit applicant submits information to the Agency
26		to supplement a permit application being reviewed by the

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1		Agency, the applicant shall not be required to reissue the
2		notice under this subsection.
3		(2) The Agency shall accept written comments concerning
4		the permit application that are postmarked no later than 30
5		days after the filing of the permit application, unless the
6		time period to accept comments is extended by the Agency.
7		(3) Each applicant for a permit described in part (1) of
8		this subsection shall file a copy of the permit application
9		with the county board or governing body of the municipality in
10		which the MSWLF unit is or is proposed to be located at the
11		same time the application is submitted to the Agency. The
12		permit application filed with the county board or governing
13		body of the municipality shall include all documents submitted
14		to or to be submitted to the Agency, except trade secrets as
15		determined under Section 7.1 of this Act. The permit
16		application and other documents on file with the county board
17		or governing body of the municipality shall be made available
18		for public inspection during regular business hours at the
19		office of the county board or the governing body of the
20		municipality and may be copied upon payment of the actual cost
21		of reproduction.
22		(q) Within 6 months after July 12, 2011 (the effective
23		date of Public Act 97-95), the Agency, in consultation with
24		the regulated community, shall develop a web portal to be
25		posted on its website for the purpose of enhancing review and
26		promoting timely issuance of permits required by this Act. At

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1		a minimum, the Agency shall make the following information
2		available on the web portal:
3		(1) Checklists and guidance relating to the completion
4		of permit applications, developed pursuant to subsection
5		(s) of this Section, which may include, but are not
6		limited to, existing instructions for completing the
7		applications and examples of complete applications. As the
8		Agency develops new checklists and develops guidance, it
9		shall supplement the web portal with those materials.
10		(2) Within 2 years after July 12, 2011 (the effective
11		date of Public Act 97-95), permit application forms or
12		portions of permit applications that can be completed and
13		saved electronically, and submitted to the Agency
14		electronically with digital signatures.
15		(3) Within 2 years after July 12, 2011 (the effective
16		date of Public Act 97-95), an online tracking system where
17		an applicant may review the status of its pending
18		application, including the name and contact information of
19		the permit analyst assigned to the application. Until the
20		online tracking system has been developed, the Agency
21		shall post on its website semi-annual permitting
22		efficiency tracking reports that include statistics on the
23		timeframes for Agency action on the following types of
24		permits received after July 12, 2011 (the effective date
25		of Public Act 97-95): air construction permits, new NPDES
26		permits and associated water construction permits, and

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1		modifications of major NPDES permits and associated water
2		construction permits. The reports must be posted by
3		February 1 and August 1 each year and shall include:
4		(A) the number of applications received for each
5		type of permit, the number of applications on which
6		the Agency has taken action, and the number of
7		applications still pending; and
8		(B) for those applications where the Agency has
9		not taken action in accordance with the timeframes set
10		forth in this Act, the date the application was
11		received and the reasons for any delays, which may
12		include, but shall not be limited to, (i) the
13		application being inadequate or incomplete, (ii)
14		scientific or technical disagreements with the
15		applicant, USEPA, or other local, state, or federal
16		agencies involved in the permitting approval process,
17		(iii) public opposition to the permit, or (iv) Agency
18		staffing shortages. To the extent practicable, the
19		tracking report shall provide approximate dates when
20		cause for delay was identified by the Agency, when the
21		Agency informed the applicant of the problem leading
22		to the delay, and when the applicant remedied the
23		reason for the delay.
24		(r) Upon the request of the applicant, the Agency shall
25		notify the applicant of the permit analyst assigned to the
26		application upon its receipt.

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1		(s) The Agency is authorized to prepare and distribute
2		guidance documents relating to its administration of this
3		Section and procedural rules implementing this Section.
4		Guidance documents prepared under this subsection shall not be
5		considered rules and shall not be subject to the Illinois
6		Administrative Procedure Act. Such guidance shall not be
7		binding on any party.
8		(t) Except as otherwise prohibited by federal law or
9		regulation, any person submitting an application for a permit
10		may include with the application suggested permit language for
11		Agency consideration. The Agency is not obligated to use the
12		suggested language or any portion thereof in its permitting
13		decision. If requested by the permit applicant, the Agency
14		shall meet with the applicant to discuss the suggested
15		language.
16		(u) If requested by the permit applicant, the Agency shall
17		provide the permit applicant with a copy of the draft permit
18		prior to any public review period.
19		(v) If requested by the permit applicant, the Agency shall
20		provide the permit applicant with a copy of the final permit
21		prior to its issuance.
22		(w) An air pollution permit shall not be required due to
23		emissions of greenhouse gases, as specified by Section 9.15 of
24		this Act.
25		(x) If, before the expiration of a State operating permit
26		that is issued pursuant to subsection (a) of this Section and

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1		contains federally enforceable conditions limiting the
2		potential to emit of the source to a level below the major
3		source threshold for that source so as to exclude the source
4		from the Clean Air Act Permit Program, the Agency receives a
5		complete application for the renewal of that permit, then all
6		of the terms and conditions of the permit shall remain in
7		effect until final administrative action has been taken on the
8		application for the renewal of the permit.
9		(y) The Agency may issue permits exclusively under this
10		subsection to persons owning or operating a CCR surface
11		impoundment subject to Section 22.59.
12		All CCR surface impoundment permits shall contain those
13		terms and conditions, including, but not limited to, schedules
14		of compliance, which may be required to accomplish the
15		purposes and provisions of this Act, Board regulations, the
16		Illinois Groundwater Protection Act and regulations pursuant
17		thereto, and the Resource Conservation and Recovery Act and
18		regulations pursuant thereto, and may include schedules for
19		achieving compliance therewith as soon as possible.
20		The Board shall adopt filing requirements and procedures
21		that are necessary and appropriate for the issuance of CCR
22		surface impoundment permits and that are consistent with this
23		Act or regulations adopted by the Board, and with the RCRA, as
24		amended, and regulations pursuant thereto.
25		The applicant shall make available to the public for
26		inspection all documents submitted by the applicant to the

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1		Agency in furtherance of an application, with the exception of
2		trade secrets, on its public internet website as well as at the
3		office of the county board or governing body of the
4		municipality where CCR from the CCR surface impoundment will
5		be permanently disposed. Such documents may be copied upon
6		payment of the actual cost of reproduction during regular
7		business hours of the local office.
8		The Agency shall issue a written statement concurrent with
9		its grant or denial of the permit explaining the basis for its
10		decision.
11		(Source: P.A. 101-171, eff. 7-30-19; revised 9-12-19.)
12		(415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
13		Sec. 40. Appeal of permit denial.
14		(a)(1) If the Agency refuses to grant or grants with
15		conditions a permit under Section 39 of this Act, the
16		applicant may, within 35 days after the date on which the
17		Agency served its decision on the applicant, petition for a
18		hearing before the Board to contest the decision of the
19		Agency. However, the 35-day period for petitioning for a
20		hearing may be extended for an additional period of time not to
21		exceed 90 days by written notice provided to the Board from the
22		applicant and the Agency within the initial appeal period. The
23		Board shall give 21 days' notice to any person in the county
24		where is located the facility in issue who has requested
25		notice of enforcement proceedings and to each member of the

SB2435 Enrolled - 1604 - LRB102 04062 AMC 14078 b
1		General Assembly in whose legislative district that
2		installation or property is located; and shall publish that
3		21-day notice in a newspaper of general circulation in that
4		county. The Agency shall appear as respondent in such hearing.
5		At such hearing the rules prescribed in Section 32 and
6		subsection (a) of Section 33 of this Act shall apply, and the
7		burden of proof shall be on the petitioner. If, however, the
8		Agency issues an NPDES permit that imposes limits which are
9		based upon a criterion or denies a permit based upon
10		application of a criterion, then the Agency shall have the
11		burden of going forward with the basis for the derivation of
12		those limits or criterion which were derived under the Board's
13		rules.
14		(2) Except as provided in paragraph (a)(3), if there is no
15		final action by the Board within 120 days after the date on
16		which it received the petition, the petitioner may deem the
17		permit issued under this Act, provided, however, that that
18		period of 120 days shall not run for any period of time, not to
19		exceed 30 days, during which the Board is without sufficient
20		membership to constitute the quorum required by subsection (a)
21		of Section 5 of this Act, and provided further that such 120
22		day period shall not be stayed for lack of quorum beyond 30
23		days regardless of whether the lack of quorum exists at the
24		beginning of such 120-day period or occurs during the running
25		of such 120-day period.
26		(3) Paragraph (a)(2) shall not apply to any permit which

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1		is subject to subsection (b), (d) or (e) of Section 39. If
2		there is no final action by the Board within 120 days after the
3		date on which it received the petition, the petitioner shall
4		be entitled to an Appellate Court order pursuant to subsection
5		(d) of Section 41 of this Act.
6		(b) If the Agency grants a RCRA permit for a hazardous
7		waste disposal site, a third party, other than the permit
8		applicant or Agency, may, within 35 days after the date on
9		which the Agency issued its decision, petition the Board for a
10		hearing to contest the issuance of the permit. Unless the
11		Board determines that such petition is duplicative or
12		frivolous, or that the petitioner is so located as to not be
13		affected by the permitted facility, the Board shall hear the
14		petition in accordance with the terms of subsection (a) of
15		this Section and its procedural rules governing denial
16		appeals, such hearing to be based exclusively on the record
17		before the Agency. The burden of proof shall be on the
18		petitioner. The Agency and the permit applicant shall be named
19		co-respondents.
20		The provisions of this subsection do not apply to the
21		granting of permits issued for the disposal or utilization of
22		sludge from publicly owned publicly-owned sewage works.
23		(c) Any party to an Agency proceeding conducted pursuant
24		to Section 39.3 of this Act may petition as of right to the
25		Board for review of the Agency's decision within 35 days from
26		the date of issuance of the Agency's decision, provided that

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1		such appeal is not duplicative or frivolous. However, the
2		35-day period for petitioning for a hearing may be extended by
3		the applicant for a period of time not to exceed 90 days by
4		written notice provided to the Board from the applicant and
5		the Agency within the initial appeal period. If another person
6		with standing to appeal wishes to obtain an extension, there
7		must be a written notice provided to the Board by that person,
8		the Agency, and the applicant, within the initial appeal
9		period. The decision of the Board shall be based exclusively
10		on the record compiled in the Agency proceeding. In other
11		respects the Board's review shall be conducted in accordance
12		with subsection (a) of this Section and the Board's procedural
13		rules governing permit denial appeals.
14		(d) In reviewing the denial or any condition of a NA NSR
15		permit issued by the Agency pursuant to rules and regulations
16		adopted under subsection (c) of Section 9.1 of this Act, the
17		decision of the Board shall be based exclusively on the record
18		before the Agency including the record of the hearing, if any,
19		unless the parties agree to supplement the record. The Board
20		shall, if it finds the Agency is in error, make a final
21		determination as to the substantive limitations of the permit
22		including a final determination of Lowest Achievable Emission
23		Rate.
24		(e)(1) If the Agency grants or denies a permit under
25		subsection (b) of Section 39 of this Act, a third party, other
26		than the permit applicant or Agency, may petition the Board

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1		within 35 days from the date of issuance of the Agency's
2		decision, for a hearing to contest the decision of the Agency.
3		(2) A petitioner shall include the following within a
4		petition submitted under subdivision (1) of this subsection:
5		(A) a demonstration that the petitioner raised the
6		issues contained within the petition during the public
7		notice period or during the public hearing on the NPDES
8		permit application, if a public hearing was held; and
9		(B) a demonstration that the petitioner is so situated
10		as to be affected by the permitted facility.
11		(3) If the Board determines that the petition is not
12		duplicative or frivolous and contains a satisfactory
13		demonstration under subdivision (2) of this subsection, the
14		Board shall hear the petition (i) in accordance with the terms
15		of subsection (a) of this Section and its procedural rules
16		governing permit denial appeals and (ii) exclusively on the
17		basis of the record before the Agency. The burden of proof
18		shall be on the petitioner. The Agency and permit applicant
19		shall be named co-respondents.
20		(f) Any person who files a petition to contest the
21		issuance of a permit by the Agency shall pay a filing fee.
22		(g) If the Agency grants or denies a permit under
23		subsection (y) of Section 39, a third party, other than the
24		permit applicant or Agency, may appeal the Agency's decision
25		as provided under federal law for CCR surface impoundment
26		permits.

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1		(Source: P.A. 100-201, eff. 8-18-17; 101-171, eff. 7-30-19;
2		revised 9-12-19.)
3		Section 650. The Illinois Pesticide Act is amended by
4		changing Sections 5 and 24.1 as follows:
5		(415 ILCS 60/5) (from Ch. 5, par. 805)
6		Sec. 5. Misbranded. : The term misbranded shall apply:
7		1. To any pesticide or device designated as requiring
8		registration by the Director under authority of this Act: ;
9		A. If its labeling bears any statement or graphic
10		representation relating to labeling or to the
11		ingredients which is misleading or false in any
12		particular.
13		B. If it is an imitation of, or is distributed
14		under, the name of another pesticide.
15		C. If any word, statement, or other required
16		information is not prominently placed upon the label
17		or labeled with such conspicuousness and in such terms
18		as to render it readable and understandable by the
19		ordinary person under customary conditions of purchase
20		and use.
21		2. To any pesticide: ;
22		A. If the labeling does not contain a statement of
23		the federal Federal use classification under which the
24		product is registered.

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1		B. If the labeling accompanying it does not
2		contain directions for use which are necessary for
3		effecting the purpose for which the product is
4		intended and any precautions or requirements imposed
5		by FIFRA which, if complied with, are adequate to
6		protect health and the environment.
7		C. If the label does not bear: ;
8		i. Name, brand or trademark under which the
9		pesticide is distributed.
10		ii. An ingredient statement on that part of
11		the immediate container which is presented or
12		customarily displayed under usual conditions of
13		purchase.
14		iii. A warning or caution statement
15		commensurate with the toxicity categories levels
16		assigned by USEPA.
17		iv. The net weight or measure of contents.
18		v. The name and address of the manufacturer,
19		registrant, or person for whom manufactured.
20		vi. The USEPA registration number assigned to
21		the pesticide as well as the USEPA number assigned
22		to the producing or manufacturing establishment in
23		which the pesticide was produced.
24		D. If the pesticide contains any substance or
25		substances highly toxic to man (as defined in the
26		USEPA) unless the label bears, in addition to other

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1		label requirements: ;
2		i. The skull and crossbones.
3		ii. The word "POISON" in red prominently
4		displayed on a contrasting background.
5		iii. A statement of practical treatment in
6		case of poisoning by the pesticide.
7		E. If the pesticide container does not bear a
8		registered label, is not accompanied by registered
9		labeling instructions, does not bear a label
10		registered for "experimental use only", or does not
11		bear a label showing SLN registration.
12		F. If the pesticide container is not in compliance
13		with child resistant packaging requirements as set
14		forth by the USEPA.
15		(Source: P.A. 85-177; revised 7-16-19.)
16		(415 ILCS 60/24.1) (from Ch. 5, par. 824.1)
17		Sec. 24.1. Administrative actions and penalties.
18		(1) The Director is authorized after an opportunity for an
19		administrative hearing to suspend, revoke, or modify any
20		license, permit, special order, registration, or certification
21		issued under this Act. This action may be taken in addition to
22		or in lieu of monetary penalties assessed as set forth in this
23		Section. When it is in the interest of the people of the State
24		of Illinois, the Director may, upon good and sufficient
25		evidence, suspend the registration, license, or permit until a

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1		hearing has been held. In such cases, the Director shall issue
2		an order in writing setting forth the reasons for the
3		suspension. Such order shall be served personally on the
4		person or by registered or certified mail sent to the person's
5		business address as shown in the latest notification to the
6		Department. When such an order has been issued by the
7		Director, the person may request an immediate hearing.
8		(2) Before initiating hearing proceedings, the Director
9		may issue an advisory letter to a violator of this Act or its
10		rules and regulations when the violation points total 6 or
11		less, as determined by the Department by the Use and Violation
12		Criteria established in this Section. When the Department
13		determines that the violation points total more than 6 but not
14		more than 13, the Director shall issue a warning letter to the
15		violator.
16		(3) The hearing officer upon determination of a violation
17		or violations shall assess one or more of the following
18		penalties:
19		(A) For any person applying pesticides without a
20		license or misrepresenting certification or failing to
21		comply with conditions of an agrichemical facility permit
22		or failing to comply with the conditions of a written
23		authorization for land application of agrichemical
24		contaminated soils or groundwater, a penalty of $500 shall
25		be assessed for the first offense and $1,000 for the
26		second and subsequent offenses.

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1		(B) For violations of a stop use order imposed by the
2		Director, the penalty shall be $2500.
3		(C) For violations of a stop sale order imposed by the
4		Director, the penalty shall be $1500 for each individual
5		item of the product found in violation of the order.
6		(D) For selling restricted use pesticides to a
7		non-certified applicator the penalty shall be $1000.
8		(E) For selling restricted use pesticides without a
9		dealer's license the penalty shall be $1,000.
10		(F) For constructing or operating without an
11		agrichemical facility permit after receiving written
12		notification, the penalty shall be $500 for the first
13		offense and $1,000 for the second and subsequent offenses.
14		(G) For violations of the Act and rules Rules and
15		regulations Regulations, administrative penalties will be
16		based upon the total violation points as determined by the
17		Use and Violation Criteria as set forth in paragraph (4)
18		of this Section. The monetary penalties shall be as
19		follows:
20 Total Violation Points Monetary Penalties 21 14-16 $750 22 17-19 $1000 23 20-21 $2500 24 22-25 $5000 25 26-29 $7500 26 30 and above $10,000

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1		(4) The following Use and Violation Criteria establishes
2		the point value which shall be compiled to determine the total
3		violation points and administrative actions or monetary
4		penalties to be imposed as set forth in paragraph (3)(G) of
5		this Section:
6		(A) Point values shall be assessed upon the harm or
7		loss incurred.
8		(1) A point value of 1 shall be assessed for the
9		following:
10		(a) Exposure to a pesticide by plants, animals
11		or humans with no symptoms or damage noted.
12		(b) Fraudulent sales practices or
13		representations with no apparent monetary losses
14		involved.
15		(2) A point value of 2 shall be assessed for the
16		following:
17		(a) Exposure to a pesticide which resulted in:
18		(1) Plants or property showing signs of
19		damage including but not limited to leaf curl,
20		burning, wilting, spotting, discoloration, or
21		dying.
22		(2) Garden produce or an agricultural crop
23		not being harvested on schedule.
24		(3) Fraudulent sales practices or
25		representations resulting in losses under
26		$500.

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1		(3) A point value of 4 shall be assessed for the
2		following:
3		(a) Exposure to a pesticide resulting in a
4		human experiencing headaches, nausea, eye
5		irritation and such other symptoms which persisted
6		less than 3 days.
7		(b) Plant or property damage resulting in a
8		loss below $1000.
9		(c) Animals exhibiting symptoms of pesticide
10		poisoning including but not limited to eye or skin
11		irritations or lack of coordination.
12		(d) Death to less than 5 animals.
13		(e) Fraudulent sales practices or
14		representations resulting in losses from $500 to
15		$2000.
16		(4) A point value of 6 shall be assessed for the
17		following:
18		(a) Exposure to a pesticide resulting in a
19		human experiencing headaches, nausea, eye
20		irritation and such other symptoms which persisted
21		3 or more days.
22		(b) Plant or property damage resulting in a
23		loss of $1000 or more.
24		(c) Death to 5 or more animals.
25		(d) Fraudulent sales practices or
26		representations resulting in losses over $2000.

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1		(B) Point values shall be assessed based upon the
2		signal word on the label of the chemical involved:
3 Point Value Signal Word 4 1 Caution 5 2 Warning 6 4 Danger/Poison
7		(C) Point values shall be assessed based upon the
8		degree of responsibility.
9 Point Value Degree of Responsibility 10 2 Accidental (such as equipment malfunction) 11 4 Negligence 12 10 Knowingly
13		(D) Point values shall be assessed based upon the
14		violator's history for the previous 3 years:
15 Point Value Record 16 2 Advisory letter 17 3 Warning letter 18 5 19 20 21 Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty 22 7 23 Certification, license or registration currently suspended or revoked
24		(E) Point values shall be assessed based upon the

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1		violation type:
2		(1) Application Oriented:
3 Point Value Violation 4 1 Inadequate records 5 2 Lack of supervision 6 2 Faulty equipment
7		Use contrary to label directions:
8 2 a. resulting in exposure to applicator or operator 9 3 10 b. resulting in exposure to other persons or the environment 11 3 12 c. precautionary statements, sites, rates, restricted use requirements 13 3 Water contamination 14 3 Storage or disposal contrary to label directions 15 3 Pesticide drift 16 4 Direct application to a non-target site 17 6 Falsification of records 18 6 19 Failure to secure a permit or violation of permit or special order
20		(2) Product Oriented:

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1 Point Value Violation 2 6 Pesticide not registered 3 4 Product label claims differ from approved label 4 4 5 Product composition (active ingredients differs from that of approved label) 6 4 Product not colored as required 7 4 8 9 Misbranding as set forth in Section Sec. 5 of the Act (4 points will be assessed for each count)
10		(5) Any penalty not paid within 60 days of notice from
11		the Department shall be submitted to the Attorney
12		General's Office for collection. Failure to pay a penalty
13		shall also be grounds for suspension or revocation of
14		permits, licenses and registrations.
15		(6) Private applicators, except those private
16		applicators who have been found by the Department to have
17		committed a "use inconsistent with the label" as defined
18		in subsection 40 of Section 4 of this Act, are exempt from
19		the Use and Violation Criteria point values.
20		(Source: P.A. 90-403, eff. 8-15-97; revised 8-19-20.)
21		Section 655. The Mercury Switch Removal Act is amended by
22		changing Section 15 as follows:

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1		(415 ILCS 97/15)
2		(Section scheduled to be repealed on January 1, 2022)
3		Sec. 15. Mercury switch collection programs.
4		(a) Within 60 days of April 24, 2006 (the effective date of
5		this Act), manufacturers of vehicles in Illinois that contain
6		mercury switches must begin to implement a mercury switch
7		collection program that facilitates the removal of mercury
8		switches from end-of-life vehicles before the vehicles are
9		flattened, crushed, shredded, or otherwise processed for
10		recycling and to collect and properly manage mercury switches
11		in accordance with the Environmental Protection Act and
12		regulations adopted thereunder. In order to ensure that the
13		mercury switches are removed and collected in a safe and
14		consistent manner, manufacturers must, to the extent
15		practicable, use the currently available end-of-life vehicle
16		recycling infrastructure. The collection program must be
17		designed to achieve capture rates of not less than (i) 35% for
18		the period of July 1, 2006, through June 30, 2007; (ii) 50% for
19		the period of July 1, 2007, through June 30, 2008; and (iii)
20		70% for the period of July 1, 2008, through June 30, 2009 and
21		for each subsequent period of July 1 through June 30. At a
22		minimum, the collection program must:
23		(1) Develop and provide educational materials that
24		include guidance as to which vehicles may contain mercury
25		switches and procedures for locating and removing mercury

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1		switches. The materials may include, but are not limited
2		to, brochures, fact sheets, and videos.
3		(2) Conduct outreach activities to encourage vehicle
4		recyclers and vehicle crushers to participate in the
5		mercury switch collection program. The activities may
6		include, but are not limited to, direct mailings,
7		workshops, and site visits.
8		(3) Provide storage containers to participating
9		vehicle recyclers and vehicle crushers for mercury
10		switches removed under the program.
11		(4) Provide a collection and transportation system to
12		periodically collect and replace filled storage containers
13		from vehicle recyclers, vehicle crushers, and scrap metal
14		recyclers, either upon notification that a storage
15		container is full or on a schedule predetermined by the
16		manufacturers.
17		(5) Establish an entity that will serve as a point of
18		contact for the collection program and that will
19		establish, implement, and oversee the collection program
20		on behalf of the manufacturers.
21		(6) Track participation in the collection program and
22		the progress of mercury switch removals and collections.
23		(b) Within 90 days of April 24, 2006 (the effective date of
24		this Act), manufacturers of vehicles in Illinois that contain
25		mercury switches must submit to the Agency an implementation
26		plan that describes how the collection program under

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1		subsection (a) of this Section will be carried out for the
2		duration of the program and how the program will achieve the
3		capture rates set forth in subsection (a) of this Section. At a
4		minimum, the implementation plan must:
5		(A) Identify the educational materials that will
6		assist vehicle recyclers, vehicle crushers, and scrap
7		metal processors in identifying, removing, and properly
8		managing mercury switches removed from end-of-life
9		vehicles.
10		(B) Describe the outreach program that will be
11		undertaken to encourage vehicle recyclers and vehicle
12		crushers to participate in the mercury switch collection
13		program.
14		(C) Describe how the manufacturers will ensure that
15		mercury switches removed from end-of-life vehicles are
16		managed in accordance with the Illinois Environmental
17		Protection Act and regulations adopted thereunder.
18		(D) Describe how the manufacturers will collect and
19		document the information required in the quarterly reports
20		submitted pursuant to subsection (e) of this Section.
21		(E) Describe how the collection program will be
22		financed and implemented.
23		(F) Identify the manufacturer's address to which the
24		Agency should send the notice required under subsection
25		(f) of this Section.
26		The Agency shall review the collection program plans it

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1		receives for completeness and shall notify the manufacturer in
2		writing if a plan is incomplete. Within 30 days after
3		receiving a notification of incompleteness from the Agency,
4		the manufacturer shall submit to the Agency a plan that
5		contains all of the required information.
6		(c) The Agency must provide assistance to manufacturers in
7		their implementation of the collection program required under
8		this Section. The assistance shall include providing
9		manufacturers with information about businesses likely to be
10		engaged in vehicle recycling or vehicle crushing, conducting
11		site visits to promote participation in the collection
12		program, and assisting with the scheduling, locating, and
13		staffing of workshops conducted to encourage vehicle recyclers
14		and vehicle crushers to participate in the collection program.
15		(d) Manufacturers subject to the collection program
16		requirements of this Section shall provide, to the extent
17		practicable, the opportunity for trade associations of vehicle
18		recyclers, vehicle crushers, and scrap metal recyclers to be
19		involved in the delivery and dissemination of educational
20		materials regarding the identification, removal, collection,
21		and proper management of mercury switches in end-of-life
22		vehicles.
23		(e) (Blank).
24		(f) If the reports required under this Act indicate that
25		the capture rates set forth in subsection (a) of this Section
26		for the period of July 1, 2007, through June 30, 2008, or for

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1		any subsequent period have not been met, the Agency shall
2		provide notice that the capture rate was not met; provided,
3		however, that the Agency is not required to provide notice if
4		it determines that the capture rate was not met due to a force
5		majeure. The Agency shall provide the notice by posting a
6		statement on its website and by sending a written notice via
7		certified mail to the manufacturers subject to the collection
8		program requirement of this Section at the addresses provided
9		in the manufacturers' collection plans. Once the Agency
10		provides notice pursuant to this subsection (f), it is not
11		required to provide notice in subsequent periods in which the
12		capture rate is not met.
13		(g) Beginning 30 days after the Agency first provides
14		notice pursuant to subsection (f) of this Section, the
15		following shall apply:
16		(1) Vehicle recyclers must remove all mercury switches
17		from each end-of-life vehicle before delivering the
18		vehicle to an on-site or off-site vehicle crusher or to a
19		scrap metal recycler, provided that a vehicle recycler is
20		not required to remove a mercury switch that is
21		inaccessible due to significant damage to the vehicle in
22		the area surrounding the mercury switch that occurred
23		before the vehicle recycler's receipt of the vehicle in
24		which case the damage must be noted in the records the
25		vehicle recycler is required to maintain under subsection
26		(c) of Section 10 of this Act.

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1		(2) No vehicle recycler, vehicle crusher, or scrap
2		metal recycler shall flatten, crush, or otherwise process
3		an end-of-life vehicle for recycling unless all mercury
4		switches have been removed from the vehicle, provided that
5		a mercury switch that is inaccessible due to significant
6		damage to the vehicle in the area surrounding the mercury
7		switch that occurred before the vehicle recycler's,
8		vehicle crusher's, or scrap metal recycler's receipt of
9		the vehicle is not required to be removed. The damage must
10		be noted in the records the vehicle recycler or vehicle
11		crusher is required to maintain under subsection (c) of
12		Section 10 of this Act.
13		(3) Notwithstanding paragraphs (1) through (2) of this
14		subsection (g), a scrap metal recycler may agree to accept
15		an end-of-life vehicle that contains one or more mercury
16		switches and that has not been flattened, crushed,
17		shredded, or otherwise processed for recycling provided
18		the scrap metal recycler removes all mercury switches from
19		the vehicle before the vehicle is flattened, crushed,
20		shredded, or otherwise processed for recycling. Scrap
21		metal recyclers are not required to remove a mercury
22		switch that is inaccessible due to significant damage to
23		the vehicle in the area surrounding the mercury switch
24		that occurred before the scrap metal recycler's receipt of
25		the vehicle. The damage must be noted in the records the
26		scrap metal recycler is required to maintain under

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1		subsection (c) of Section 10 of this Act.
2		(4) Manufacturers subject to the collection program
3		requirements of this Section must provide to vehicle
4		recyclers, vehicle crushers, and scrap metal recyclers the
5		following compensation for all mercury switches removed
6		from end-of-life vehicles on or after the date of the
7		notice: $2.00 for each mercury switch removed by the
8		vehicle recycler, vehicle crusher, or the scrap metal
9		recycler, the costs of the containers in which the mercury
10		switches are collected, and the costs of packaging and
11		transporting the mercury switches off-site. Payment of
12		this compensation must be provided in a prompt manner.
13		(h) In meeting the requirements of this Section,
14		manufacturers may work individually or as part of a group of 2
15		or more manufacturers.
16		(Source: P.A. 101-81, eff. 7-12-19; revised 9-12-19.)
17		Section 660. The Drycleaner Environmental Response Trust
18		Fund Act is amended by changing Section 65 as follows:
19		(415 ILCS 135/65)
20		(Section scheduled to be repealed on January 1, 2030)
21		Sec. 65. Drycleaning solvent tax.
22		(a) A tax is imposed upon the use of drycleaning solvent by
23		a person engaged in the business of operating a drycleaning
24		facility in this State at the rate of $10 per gallon of

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1		perchloroethylene or other chlorinated drycleaning solvents
2		used in drycleaning operations, $2 per gallon of
3		petroleum-based drycleaning solvent, and $1.75 per gallon of
4		green solvents, unless the green solvent is used at a virgin
5		facility, in which case the rate is $0.35 per gallon. The Board
6		may determine by rule which products are chlorine-based
7		solvents, which products are petroleum-based solvents, and
8		which products are green solvents. All drycleaning solvents
9		shall be considered chlorinated solvents unless the Board
10		determines that the solvents are petroleum-based drycleaning
11		solvents or green solvents.
12		(b) The tax imposed by this Act shall be collected from the
13		purchaser at the time of sale by a seller of drycleaning
14		solvents maintaining a place of business in this State and
15		shall be remitted to the Department of Revenue under the
16		provisions of this Act.
17		(c) The tax imposed by this Act that is not collected by a
18		seller of drycleaning solvents shall be paid directly to the
19		Department of Revenue by the purchaser or end user who is
20		subject to the tax imposed by this Act.
21		(d) No tax shall be imposed upon the use of drycleaning
22		solvent if the drycleaning solvent will not be used in a
23		drycleaning facility or if a floor stock tax has been imposed
24		and paid on the drycleaning solvent. Prior to the purchase of
25		the solvent, the purchaser shall provide a written and signed
26		certificate to the drycleaning solvent seller stating:

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1		(1) the name and address of the purchaser;
2		(2) the purchaser's signature and date of signing; and
3		(3) one of the following:
4		(A) that the drycleaning solvent will not be used
5		in a drycleaning facility; or
6		(B) that a floor stock tax has been imposed and
7		paid on the drycleaning solvent.
8		(e) On January 1, 1998, there is imposed on each operator
9		of a drycleaning facility a tax on drycleaning solvent held by
10		the operator on that date for use in a drycleaning facility.
11		The tax imposed shall be the tax that would have been imposed
12		under subsection (a) if the drycleaning solvent held by the
13		operator on that date had been purchased by the operator
14		during the first year of this Act.
15		(f) On or before the 25th day of the 1st month following
16		the end of the calendar quarter, a seller of drycleaning
17		solvents who has collected a tax pursuant to this Section
18		during the previous calendar quarter, or a purchaser or end
19		user of drycleaning solvents required under subsection (c) to
20		submit the tax directly to the Department, shall file a return
21		with the Department of Revenue. The return shall be filed on a
22		form prescribed by the Department of Revenue and shall contain
23		information that the Department of Revenue reasonably
24		requires, but at a minimum will require the reporting of the
25		volume of drycleaning solvent sold to each licensed
26		drycleaner. The Department of Revenue shall report quarterly

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1		to the Agency the volume of drycleaning solvent purchased for
2		the quarter by each licensed drycleaner. Each seller of
3		drycleaning solvent maintaining a place of business in this
4		State who is required or authorized to collect the tax imposed
5		by this Act shall pay to the Department the amount of the tax
6		at the time when he or she is required to file his or her
7		return for the period during which the tax was collected.
8		Purchasers or end users remitting the tax directly to the
9		Department under subsection (c) shall file a return with the
10		Department of Revenue and pay the tax so incurred by the
11		purchaser or end user during the preceding calendar quarter.
12		Except as provided in this Section, the seller of
13		drycleaning solvents filing the return under this Section
14		shall, at the time of filing the return, pay to the Department
15		the amount of tax imposed by this Act less a discount of 1.75%,
16		or $5 per calendar year, whichever is greater. Failure to
17		timely file the returns and provide to the Department the data
18		requested under this Act will result in disallowance of the
19		reimbursement discount.
20		(g) The tax on drycleaning solvents used in drycleaning
21		facilities and the floor stock tax shall be administered by
22		the Department of Revenue under rules adopted by that
23		Department.
24		(h) No person shall knowingly sell or transfer drycleaning
25		solvent to an operator of a drycleaning facility that is not
26		licensed by the Agency under Section 60.

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1		(i) The Department of Revenue may adopt rules as necessary
2		to implement this Section.
3		(j) If any payment provided for in this Section exceeds
4		the seller's liabilities under this Act, as shown on an
5		original return, the seller may credit such excess payment
6		against liability subsequently to be remitted to the
7		Department under this Act, in accordance with reasonable rules
8		adopted by the Department. If the Department subsequently
9		determines that all or any part of the credit taken was not
10		actually due to the seller, the seller's discount shall be
11		reduced by an amount equal to the difference between the
12		discount as applied to the credit taken and that actually due,
13		and the seller shall be liable for penalties and interest on
14		such difference.
15		(Source: P.A. 100-1171, eff. 1-4-19; 101-400, eff. 7-1-20;
16		revised 8-19-20.)
17		Section 665. The Laser System Act of 1997 is amended by
18		changing Section 15 as follows:
19		(420 ILCS 56/15)
20		Sec. 15. Definitions. For the purposes of this Act, unless
21		the context requires otherwise:
22		(1) "Agency" means the Illinois Emergency Management
23		Agency.
24		(2) "Director" means the Director of the Illinois

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1		Emergency Management Agency.
2		(3) "FDA" means the Food and Drug Administration of
3		the United States Department of Health and Human Services.
4		(4) "Laser installation" means a location or facility
5		where laser systems are produced, stored, disposed of, or
6		used for any purpose.
7		(5) "Laser machine" means a device that is capable of
8		producing laser radiation when associated controlled
9		devices are operated.
10		(6) "Laser radiation" means an electromagnetic
11		radiation emitted from a laser system and includes all
12		reflected radiation, any secondary radiation, or other
13		forms of energy resulting from the primary laser beam.
14		(7) "Laser system" means a device, machine, equipment,
15		or other apparatus that applies a source of energy to a
16		gas, liquid, crystal, or other solid substances or
17		combination thereof in a manner that electromagnetic
18		radiations of a relatively uniform wavelength wave length
19		are amplified and emitted in a cohesive beam capable of
20		transmitting the energy developed in a manner that may be
21		harmful to living tissues, including, but not limited to,
22		electromagnetic waves in the range of visible, infrared,
23		or ultraviolet light. Such systems in schools, colleges,
24		occupational schools, and State colleges and other State
25		institutions are also included in the definition of "laser
26		systems".

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1		(8) "Operator" is an individual, group of individuals,
2		partnership, firm, corporation, association, or other
3		entity conducting the business or activities carried on
4		within a laser installation.
5		(Source: P.A. 95-777, eff. 8-4-08; revised 8-19-20.)
6		Section 670. The Fire Investigation Act is amended by
7		changing Section 13.1 as follows:
8		(425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
9		Sec. 13.1. Fire Prevention Fund.
10		(a) There shall be a special fund in the State Treasury
11		known as the Fire Prevention Fund.
12		(b) The following moneys shall be deposited into the Fund:
13		(1) Moneys received by the Department of Insurance
14		under Section 12 of this Act.
15		(2) All fees and reimbursements received by the
16		Office.
17		(3) All receipts from boiler and pressure vessel
18		certification, as provided in Section 13 of the Boiler and
19		Pressure Vessel Safety Act.
20		(4) Such other moneys as may be provided by law.
21		(c) The moneys in the Fire Prevention Fund shall be used,
22		subject to appropriation, for the following purposes:
23		(1) Of the moneys deposited into the fund under
24		Section 12 of this Act, 12.5% shall be available for the

SB2435 Enrolled - 1631 - LRB102 04062 AMC 14078 b
1		maintenance of the Illinois Fire Service Institute and the
2		expenses, facilities, and structures incident thereto, and
3		for making transfers into the General Obligation Bond
4		Retirement and Interest Fund for debt service requirements
5		on bonds issued by the State of Illinois after January 1,
6		1986 for the purpose of constructing a training facility
7		for use by the Institute. An additional 2.5% of the moneys
8		deposited into the Fire Prevention Fund shall be available
9		to the Illinois Fire Service Institute for support of the
10		Cornerstone Training Program.
11		(2) Of the moneys deposited into the Fund under
12		Section 12 of this Act, 10% shall be available for the
13		maintenance of the Chicago Fire Department Training
14		Program and the expenses, facilities, and structures
15		incident thereto, in addition to any moneys payable from
16		the Fund to the City of Chicago pursuant to the Illinois
17		Fire Protection Training Act.
18		(3) For making payments to local governmental agencies
19		and individuals pursuant to Section 10 of the Illinois
20		Fire Protection Training Act.
21		(4) For the maintenance and operation of the Office of
22		the State Fire Marshal, and the expenses incident thereto.
23		(4.5) For the maintenance, operation, and capital
24		expenses of the Mutual Aid Box Alarm System (MABAS).
25		(4.6) For grants awarded by the Small Fire-fighting
26		and Ambulance Service Equipment Grant Program established

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1		by Section 2.7 of the State Fire Marshal Act.
2		(5) For any other purpose authorized by law.
3		(c-5) As soon as possible after April 8, 2008 (the
4		effective date of Public Act 95-717), the Comptroller shall
5		order the transfer and the Treasurer shall transfer $2,000,000
6		from the Fire Prevention Fund to the Fire Service and Small
7		Equipment Fund, $9,000,000 from the Fire Prevention Fund to
8		the Fire Truck Revolving Loan Fund, and $4,000,000 from the
9		Fire Prevention Fund to the Ambulance Revolving Loan Fund.
10		Beginning on July 1, 2008, each month, or as soon as practical
11		thereafter, an amount equal to $2 from each fine received
12		shall be transferred from the Fire Prevention Fund to the Fire
13		Service and Small Equipment Fund, an amount equal to $1.50
14		from each fine received shall be transferred from the Fire
15		Prevention Fund to the Fire Truck Revolving Loan Fund, and an
16		amount equal to $4 from each fine received shall be
17		transferred from the Fire Prevention Fund to the Ambulance
18		Revolving Loan Fund. These moneys shall be transferred from
19		the moneys deposited into the Fire Prevention Fund pursuant to
20		Public Act 95-154, together with not more than 25% of any
21		unspent appropriations from the prior fiscal year. These
22		moneys may be allocated to the Fire Truck Revolving Loan Fund,
23		Ambulance Revolving Loan Fund, and Fire Service and Small
24		Equipment Fund at the discretion of the Office for the purpose
25		of implementation of this Act.
26		(d) Any portion of the Fire Prevention Fund remaining

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1		unexpended at the end of any fiscal year which is not needed
2		for the maintenance and expenses of the Office or the
3		maintenance and expenses of the Illinois Fire Service
4		Institute, shall remain in the Fire Prevention Fund for the
5		exclusive and restricted uses provided in subsections (c) and
6		(c-5) of this Section.
7		(e) The Office shall keep on file an itemized statement of
8		all expenses incurred which are payable from the Fund, other
9		than expenses incurred by the Illinois Fire Service Institute,
10		and shall approve all vouchers issued therefor before they are
11		submitted to the State Comptroller for payment. Such vouchers
12		shall be allowed and paid in the same manner as other claims
13		against the State.
14		(Source: P.A. 101-82, eff. 1-1-20; revised 9-12-19.)
15		Section 675. The Smoke Detector Act is amended by changing
16		Section 3 as follows:
17		(425 ILCS 60/3) (from Ch. 127 1/2, par. 803)
18		(Text of Section before amendment by P.A. 100-200)
19		Sec. 3. (a) Every dwelling unit or hotel shall be equipped
20		with at least one approved smoke detector in an operating
21		condition within 15 feet of every room used for sleeping
22		purposes. The detector shall be installed on the ceiling and
23		at least 6 inches from any wall, or on a wall located between 4
24		and 6 inches from the ceiling.

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1		(b) Every single family residence shall have at least one
2		approved smoke detector installed on every story of the
3		dwelling unit, including basements but not including
4		unoccupied attics. In dwelling units with split levels, a
5		smoke detector installed on the upper level shall suffice for
6		the adjacent lower level if the lower level is less than one
7		full story below the upper level; however, if there is an
8		intervening door between the adjacent levels, a smoke detector
9		shall be installed on each level.
10		(c) Every structure which (1) contains more than one
11		dwelling unit, or (2) contains at least one dwelling unit and
12		is a mixed-use structure, shall contain at least one approved
13		smoke detector at the uppermost ceiling of each interior
14		stairwell. The detector shall be installed on the ceiling, at
15		least 6 inches from the wall, or on a wall located between 4
16		and 6 inches from the ceiling.
17		(d) It shall be the responsibility of the owner of a
18		structure to supply and install all required detectors. The
19		owner shall be responsible for making reasonable efforts to
20		test and maintain detectors in common stairwells and hallways.
21		It shall be the responsibility of a tenant to test and to
22		provide general maintenance for the detectors within the
23		tenant's dwelling unit or rooming unit, and to notify the
24		owner or the authorized agent of the owner in writing of any
25		deficiencies which the tenant cannot correct. The owner shall
26		be responsible for providing one tenant per dwelling unit with

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1		written information regarding detector testing and
2		maintenance.
3		The tenant shall be responsible for replacement of any
4		required batteries in the smoke detectors in the tenant's
5		dwelling unit, except that the owner shall ensure that such
6		batteries are in operating condition at the time the tenant
7		takes possession of the dwelling unit. The tenant shall
8		provide the owner or the authorized agent of the owner with
9		access to the dwelling unit to correct any deficiencies in the
10		smoke detector which have been reported in writing to the
11		owner or the authorized agent of the owner.
12		(e) The requirements of this Section shall apply to any
13		dwelling unit in existence on July 1, 1988, beginning on that
14		date. Except as provided in subsections (f) and (g), the smoke
15		detectors required in such dwelling units may be either
16		battery powered or wired into the structure's AC power line,
17		and need not be interconnected.
18		(f) In the case of any dwelling unit that is newly
19		constructed, reconstructed, or substantially remodelled after
20		December 31, 1987, the requirements of this Section shall
21		apply beginning on the first day of occupancy of the dwelling
22		unit after such construction, reconstruction or substantial
23		remodelling. The smoke detectors required in such dwelling
24		unit shall be permanently wired into the structure's AC power
25		line, and if more than one detector is required to be installed
26		within the dwelling unit, the detectors shall be wired so that

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1		the actuation of one detector will actuate all the detectors
2		in the dwelling unit.
3		In the case of any dwelling unit that is newly
4		constructed, reconstructed, or substantially remodeled on or
5		after January 1, 2011, smoke detectors permanently wired into
6		the structure's AC power line must also maintain an
7		alternative back-up power source, which may be either a
8		battery or batteries or an emergency generator.
9		(g) Every hotel shall be equipped with operational
10		portable smoke-detecting alarm devices for the deaf and
11		hearing impaired of audible and visual design, available for
12		units of occupancy.
13		Specialized smoke detectors smoke-detectors for the deaf
14		and hearing impaired shall be available upon request by guests
15		in such hotels at a rate of at least one such smoke detector
16		per 75 occupancy units or portions thereof, not to exceed 5
17		such smoke detectors per hotel. Incorporation or connection
18		into an existing interior alarm system, so as to be capable of
19		being activated by the system, may be utilized in lieu of the
20		portable alarms.
21		Operators of any hotel shall post conspicuously at the
22		main desk a permanent notice, in letters at least 3 inches in
23		height, stating that smoke detector alarm devices for the deaf
24		and hearing impaired are available. The proprietor may require
25		a refundable deposit for a portable smoke detector not to
26		exceed the cost of the detector.

SB2435 Enrolled - 1637 - LRB102 04062 AMC 14078 b
1		(g-5) A hotel, as defined in this Act, shall be
2		responsible for installing and maintaining smoke detecting
3		equipment.
4		(h) Compliance with an applicable federal, State, or local
5		law or building code which requires the installation and
6		maintenance of smoke detectors in a manner different from this
7		Section, but providing a level of safety for occupants which
8		is equal to or greater than that provided by this Section,
9		shall be deemed to be in compliance with this Section, and the
10		requirements of such more stringent law shall govern over the
11		requirements of this Section.
12		(Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12;
13		revised 8-19-20.)
14		(Text of Section after amendment by P.A. 100-200)
15		Sec. 3. (a) Every dwelling unit or hotel shall be equipped
16		with at least one approved smoke detector in an operating
17		condition within 15 feet of every room used for sleeping
18		purposes. The detector shall be installed on the ceiling and
19		at least 6 inches from any wall, or on a wall located between 4
20		and 6 inches from the ceiling.
21		(b) Every single family residence shall have at least one
22		approved smoke detector installed on every story of the
23		dwelling unit, including basements but not including
24		unoccupied attics. In dwelling units with split levels, a
25		smoke detector installed on the upper level shall suffice for

SB2435 Enrolled - 1638 - LRB102 04062 AMC 14078 b
1		the adjacent lower level if the lower level is less than one
2		full story below the upper level; however, if there is an
3		intervening door between the adjacent levels, a smoke detector
4		shall be installed on each level.
5		(c) Every structure which (1) contains more than one
6		dwelling unit, or (2) contains at least one dwelling unit and
7		is a mixed-use structure, shall contain at least one approved
8		smoke detector at the uppermost ceiling of each interior
9		stairwell. The detector shall be installed on the ceiling, at
10		least 6 inches from the wall, or on a wall located between 4
11		and 6 inches from the ceiling.
12		(d) It shall be the responsibility of the owner of a
13		structure to supply and install all required detectors. The
14		owner shall be responsible for making reasonable efforts to
15		test and maintain detectors in common stairwells and hallways.
16		It shall be the responsibility of a tenant to test and to
17		provide general maintenance for the detectors within the
18		tenant's dwelling unit or rooming unit, and to notify the
19		owner or the authorized agent of the owner in writing of any
20		deficiencies which the tenant cannot correct. The owner shall
21		be responsible for providing one tenant per dwelling unit with
22		written information regarding detector testing and
23		maintenance.
24		The tenant shall be responsible for replacement of any
25		required batteries in the smoke detectors in the tenant's
26		dwelling unit, except that the owner shall ensure that such

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1		batteries are in operating condition at the time the tenant
2		takes possession of the dwelling unit. The tenant shall
3		provide the owner or the authorized agent of the owner with
4		access to the dwelling unit to correct any deficiencies in the
5		smoke detector which have been reported in writing to the
6		owner or the authorized agent of the owner.
7		(e) The requirements of this Section shall apply to any
8		dwelling unit in existence on July 1, 1988, beginning on that
9		date. Except as provided in subsections (f) and (g), the smoke
10		detectors required in such dwelling units may be either:
11		battery powered provided the battery is a self-contained,
12		non-removable, long-term long term battery, or wired into the
13		structure's AC power line, and need not be interconnected.
14		(1) The battery requirements of this Section shall
15		apply to battery-powered battery powered smoke detectors
16		that: (A) are in existence and exceed 10 years from the
17		date of their being manufactured; (B) fail fails to
18		respond to operability tests or otherwise malfunction
19		malfunctions; or (C) are newly installed.
20		(2) The battery requirements of this Section do not
21		apply to: (A) a fire alarm, smoke detector, smoke alarm,
22		or ancillary component that is electronically connected as
23		a part of a centrally monitored or supervised alarm
24		system; (B) a fire alarm, smoke detector, smoke alarm, or
25		ancillary component that uses: (i) a low-power radio
26		frequency wireless communication signal, or (ii) Wi-Fi or

SB2435 Enrolled - 1640 - LRB102 04062 AMC 14078 b
1		other wireless Local Area Networking capability to send
2		and receive notifications to and from the Internet, such
3		as early low battery warnings before the device reaches a
4		critical low power level; or (C) such other devices as the
5		State Fire Marshal shall designate through its regulatory
6		process.
7		(f) In the case of any dwelling unit that is newly
8		constructed, reconstructed, or substantially remodelled after
9		December 31, 1987, the requirements of this Section shall
10		apply beginning on the first day of occupancy of the dwelling
11		unit after such construction, reconstruction or substantial
12		remodelling. The smoke detectors required in such dwelling
13		unit shall be permanently wired into the structure's AC power
14		line, and if more than one detector is required to be installed
15		within the dwelling unit, the detectors shall be wired so that
16		the actuation of one detector will actuate all the detectors
17		in the dwelling unit.
18		In the case of any dwelling unit that is newly
19		constructed, reconstructed, or substantially remodeled on or
20		after January 1, 2011, smoke detectors permanently wired into
21		the structure's AC power line must also maintain an
22		alternative back-up power source, which may be either a
23		battery or batteries or an emergency generator.
24		(g) Every hotel shall be equipped with operational
25		portable smoke-detecting alarm devices for the deaf and
26		hearing impaired of audible and visual design, available for

SB2435 Enrolled - 1641 - LRB102 04062 AMC 14078 b
1		units of occupancy.
2		Specialized smoke detectors smoke-detectors for the deaf
3		and hearing impaired shall be available upon request by guests
4		in such hotels at a rate of at least one such smoke detector
5		per 75 occupancy units or portions thereof, not to exceed 5
6		such smoke detectors per hotel. Incorporation or connection
7		into an existing interior alarm system, so as to be capable of
8		being activated by the system, may be utilized in lieu of the
9		portable alarms.
10		Operators of any hotel shall post conspicuously at the
11		main desk a permanent notice, in letters at least 3 inches in
12		height, stating that smoke detector alarm devices for the deaf
13		and hearing impaired are available. The proprietor may require
14		a refundable deposit for a portable smoke detector not to
15		exceed the cost of the detector.
16		(g-5) A hotel, as defined in this Act, shall be
17		responsible for installing and maintaining smoke detecting
18		equipment.
19		(h) Compliance with an applicable federal, State, or local
20		law or building code which requires the installation and
21		maintenance of smoke detectors in a manner different from this
22		Section, but providing a level of safety for occupants which
23		is equal to or greater than that provided by this Section,
24		shall be deemed to be in compliance with this Section, and the
25		requirements of such more stringent law shall govern over the
26		requirements of this Section.

SB2435 Enrolled - 1642 - LRB102 04062 AMC 14078 b
1		(i) The requirements of this Section shall not apply to
2		dwelling units and hotels within municipalities with a
3		population over 1,000,000 inhabitants.
4		(Source: P.A. 100-200, eff. 1-1-23; revised 8-19-20.)
5		Section 680. The Firearm Dealer License Certification Act
6		is amended by changing Sections 5-1 and 5-5 as follows:
7		(430 ILCS 68/5-1)
8		Sec. 5-1. Short title. This Article 5 1 may be cited as
9		the Firearm Dealer License Certification Act. References in
10		this Article to "this Act" mean this Article.
11		(Source: P.A. 100-1178, eff. 1-18-19; revised 7-16-19.)
12		(430 ILCS 68/5-5)
13		Sec. 5-5. Definitions. In this Act:
14		"Certified licensee" means a licensee that has previously
15		certified its license with the Department under this Act.
16		"Department" means the Department of State Police.
17		"Director" means the Director of State Police.
18		"Entity" means any person, firm, corporation, group of
19		individuals, or other legal entity.
20		"Inventory" means firearms in the possession of an
21		individual or entity for the purpose of sale or transfer.
22		"License" means a Federal Firearms License authorizing a
23		person or entity to engage in the business of dealing

SB2435 Enrolled - 1643 - LRB102 04062 AMC 14078 b
1		firearms.
2		"Licensee" means a person, firm, corporation, or other
3		entity who has been given, and is currently in possession of, a
4		valid Federal Firearms License.
5		"Retail location" means a store open to the public from
6		which a certified licensee engages in the business of selling,
7		transferring, or facilitating a sale or transfer of a firearm.
8		For purposes of this Act, the World Shooting and Recreational
9		Complex, a gun show, or a similar event at which a certified
10		licensee engages in business from time to time is not a retail
11		location.
12		(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19;
13		revised 9-12-19.)
14		Section 685. The Animal Control Act is amended by changing
15		Section 11 as follows:
16		(510 ILCS 5/11) (from Ch. 8, par. 361)
17		Sec. 11. Animal placement. When not redeemed by the owner,
18		agent, or caretaker, a dog or cat must be scanned for a
19		microchip. If a microchip is present, the registered owner or
20		chip purchaser, if the purchaser was a nonprofit organization,
21		animal shelter, animal control facility, pet store, breeder,
22		or veterinary office, must be notified. After contact has been
23		made or attempted, dogs deemed adoptable by the animal control
24		facility shall be offered for adoption, or made available to a

SB2435 Enrolled - 1644 - LRB102 04062 AMC 14078 b
1		licensed animal shelter, or rescue group. After contact has
2		been made or attempted, the animal control facility may
3		either: (1) offer the cat for adoption; (2) return to field or
4		transfer the cat after sterilization; or (3) make the cat
5		available to a licensed animal shelter or animal control
6		facility. The animal may be humanely dispatched pursuant to
7		the Humane Euthanasia in Animal Shelters Act. An animal
8		control facility or animal shelter shall not adopt or release
9		any dog or cat to anyone other than the owner or a foster home
10		unless the animal has been rendered incapable of reproduction
11		and microchipped. This Act shall not prevent humane societies
12		or animal shelters from engaging in activities set forth by
13		their charters; provided, they are not inconsistent with
14		provisions of this Act and other existing laws. No animal
15		shelter or animal control facility shall release dogs or cats
16		to an individual representing a rescue group, unless the group
17		has been licensed by the Department of Agriculture or is a
18		representative of a not-for-profit out-of-state organization,
19		animal shelter, or animal control facility. The Department may
20		suspend or revoke the license of any animal shelter or animal
21		control facility that fails to comply with the requirements
22		set forth in this Section or that fails to report its intake
23		and euthanasia statistics as required by law each year.
24		(Source: P.A. 100-870, eff. 1-1-19; 101-295, eff. 8-9-19;
25		revised 8-20-20.)

SB2435 Enrolled - 1645 - LRB102 04062 AMC 14078 b
1		Section 690. The Illinois Highway Code is amended by
2		changing Sections 6-115 and 6-134 as follows:
3		(605 ILCS 5/6-115) (from Ch. 121, par. 6-115)
4		Sec. 6-115. (a) Except as provided in Section 10-20 of the
5		Township Code or subsection (b), no person shall be eligible
6		to the office of highway commissioner unless he shall be a
7		legal voter and has been one year a resident of the district.
8		In road districts that elect a clerk, the same limitation
9		shall apply to the district clerk.
10		(b) A board of trustees may (i) appoint a non-resident or a
11		resident that has not resided in the district for one year to
12		be a highway commissioner, or (ii) contract with a neighboring
13		township to provide highway commissioner services if:
14		(1) the district is within a township with no
15		incorporated town;
16		(2) the township has is a population of less than 500;
17		and
18		(3) no qualified candidate who has resided in the
19		township for at least one year is willing to serve as
20		highway commissioner.
21		(Source: P.A. 101-197, eff. 1-1-20; revised 9-12-19.)
22		(605 ILCS 5/6-134)
23		Sec. 6-134. Abolishing a road district.
24		(a) By resolution, the board of trustees of any township

SB2435 Enrolled - 1646 - LRB102 04062 AMC 14078 b
1		located in a county with less than 3,000,000 inhabitants may
2		submit a proposition to abolish the road district of that
3		township to the electors of that township at a general
4		election or consolidated election in accordance with the
5		general election law. The ballot shall be in substantially the
6		following form:
7 --------- 8 Shall the Road District of the Township of 9 ........... be abolished with all the rights, YES 10 powers, duties, assets, property, liabilities, 11 obligations, and responsibilities being assumed --------- 12 by the Township of ........... ? NO 13 ---------
14		In the event that a majority of the electors voting on such
15		proposition are in favor thereof, then the road district shall
16		be abolished by operation of law effective 90 days after vote
17		certification by the governing election authority or on the
18		date the term of the highway commissioner in office at the time
19		the proposition was approved by the electors expires,
20		whichever is later.
21		On that date, all the rights, powers, duties, assets,
22		property, liabilities, obligations, and responsibilities of
23		the road district shall by operation of law vest in and be
24		assumed by the township. On that date, the township board of

SB2435 Enrolled - 1647 - LRB102 04062 AMC 14078 b
1		trustees shall assume all taxing authority of a road district
2		abolished under this Section. On that date, any highway
3		commissioner of the abolished road district shall cease to
4		hold office, such term having been terminated. Thereafter, the
5		township shall exercise all duties and responsibilities of the
6		highway commissioner as provided in the Illinois Highway Code.
7		The township board of trustees may enter into a contract with
8		the county, a municipality, or a private contractor to
9		administer the roads under its jurisdiction. The township
10		board of trustees shall assume all taxing authority of a
11		township road district abolished under this subsection. For
12		purposes of distribution of revenue, the township shall assume
13		the powers, duties, and obligations of the road district.
14		Distribution of revenue by the township to the treasurer of a
15		municipality under Section 6-507 shall be only paid from
16		moneys levied for road purposes pursuant to Division 5 of
17		Article 6 of this the Illinois Highway Code.
18		(b) If a referendum passed under subsection (a) at the
19		November 6, 2018 election and a road district has not been
20		abolished as provided in subsection (a) by August 23, 2019
21		(the effective date of Public Act 101-519) this amendatory Act
22		of the 101st General Assembly:
23		(1) the township board shall have the sole authority
24		relating to the following duties and powers of the road
25		district until the date of abolition:
26		(A) creating and approving the budget of the road

SB2435 Enrolled - 1648 - LRB102 04062 AMC 14078 b
1		district;
2		(B) levying taxes (the township board of trustees
3		assumes all taxing authority of the township road
4		district);
5		(C) entering into contracts for the road district;
6		(D) employing and fixing the compensation of road
7		district employees that the township board deems
8		necessary; and
9		(E) setting and adopting rules concerning all
10		benefits available to employees of the road district; .
11		(2) the road district or the highway commissioner may
12		not commence or maintain litigation against the township
13		to resolve any dispute related to the road district
14		regarding powers of the office of the highway
15		commissioner, the powers of the supervisor, or the powers
16		of the township board.
17		(c) If a township has approved a consolidated road
18		district after a referendum under Section 6-109 and the
19		consolidation is not yet effective and if the township
20		subsequently approves a referendum under this Section, then
21		the consolidation under Section 6-109 is void and shall not
22		occur.
23		(Source: P.A. 100-106, eff. 1-1-18; 101-519, eff. 8-23-19;
24		revised 8-20-20.)
25		Section 695. The Illinois Vehicle Code is amended by

SB2435 Enrolled - 1649 - LRB102 04062 AMC 14078 b
1		changing Sections 1-158.5, 2-111, 3-421, 3-609, 3-699.14,
2		3-704, 3-802, 3-806.3, 4-104, 4-105, 6-106, 6-206, 6-209.1,
3		6-306.5, 11-208.3, 11-501.9, 11-502.1, 11-704, 11-1006,
4		11-1412.3, and 12-610.2 and by setting forth and renumbering
5		multiple versions of Section 3-699.17 as follows:
6		(625 ILCS 5/1-158.5) (from Ch. 95 1/2, par. 1-300)
7		Sec. 1-158.5. Penalties and offenses; definitions
8		offenses-definitions. The following words and phrases when
9		used in this Act, shall, for the purposes of this Act, have the
10		meanings ascribed to them in Chapter Article V of the "Unified
11		Code of Corrections", as now or hereafter amended:
12		Business Offense;
13		Conviction;
14		Court;
15		Felony;
16		Class 1 Felony;
17		Class 2 Felony;
18		Class 3 Felony;
19		Class 4 Felony;
20		Imprisonment;
21		Judgment;
22		Misdemeanor;
23		Class A Misdemeanor;
24		Class B Misdemeanor;
25		Class C Misdemeanor;

SB2435 Enrolled - 1650 - LRB102 04062 AMC 14078 b
1		Offense;
2		Petty Offense;
3		Sentence.
4		(Source: P.A. 90-89, eff. 1-1-98; revised 8-20-20.)
5		(625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111)
6		Sec. 2-111. Seizure or confiscation of documents and
7		plates.
8		(a) The Secretary of State or any law enforcement entity
9		is authorized to take possession of any certificate of title,
10		registration card, permit, license, registration plate or
11		digital registration plate, plates, disability license plate
12		or parking decal or device, or registration sticker or digital
13		registration sticker issued by the Secretary or her upon
14		expiration, revocation, cancellation, or suspension thereof,
15		or which is fictitious, or which has been unlawfully or
16		erroneously issued. Police officers who have seized such items
17		shall return the items to the Secretary of State in a manner
18		and form set forth by the Secretary in administrative rule to
19		take possession of such item or items.
20		(b) The Secretary of State is authorized to confiscate any
21		suspected fraudulent, fictitious, or altered documents
22		submitted by an applicant in support of an application for a
23		driver's license or permit.
24		(Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19;
25		revised 9-24-19.)

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1		(625 ILCS 5/3-421) (from Ch. 95 1/2, par. 3-421)
2		Sec. 3-421. Right of reassignment.
3		(a) Every natural person shall have the right of
4		reassignment of the license number issued to him during the
5		current registration plate or digital registration plate term,
6		for the ensuing registration plate or digital registration
7		plate term, provided his or her application for reassignment
8		is received in the Office of the Secretary of State on or
9		before September 30 of the final year of the registration
10		plate or digital registration plate term as to a vehicle
11		registered on a calendar year, and on or before March 31 as to
12		a vehicle registered on a fiscal year. The right of
13		reassignment shall apply to every natural person under the
14		staggered registration system provided the application for
15		reassignment is received in the Office of the Secretary of
16		State by the 1st day of the month immediately preceding the
17		applicant's month of expiration.
18		In addition, every natural person shall have the right of
19		reassignment of the license number issued to him for a
20		two-year registration, for the ensuing two-year period. Where
21		the two-year period is for two calendar years, the application
22		for reassignment must be received by the Secretary of State on
23		or before September 30th of the year preceding commencement of
24		the two-year period. Where the two-year period is for two
25		fiscal years commencing on July 1, the application for

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1		reassignment must be received by the Secretary of State on or
2		before April 30th immediately preceding commencement of the
3		two-year period.
4		(b) Notwithstanding the above provision, the Secretary of
5		State shall, subject to the existing right of reassignment,
6		have the authority to designate new specific combinations of
7		numerical, alpha-numerical, and numerical-alpha licenses for
8		vehicles registered on a calendar year or on a fiscal year,
9		whether the license be issued for one or more years. The new
10		combinations so specified shall not be subject to the right of
11		reassignment, and no right of reassignment thereto may at any
12		future time be acquired.
13		(c) If a person has a registration plate in his or her name
14		and seeks to reassign the registration plate to his or her
15		spouse, the Secretary shall waive any transfer fee or vanity
16		or personalized registration plate fee upon both spouses
17		signing a form authorizing the reassignment of registration.
18		(c-1) If a person who that has a registration plate in his
19		or her name seeks to reassign the registration plate to his or
20		her child, the Secretary shall waive any transfer fee or
21		vanity or personalized registration plate fee.
22		(Source: P.A. 101-395, eff. 8-16-19; 101-611, eff. 6-1-20;
23		revised 8-4-20.)
24		(625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
25		Sec. 3-609. Plates for veterans with disabilities.

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1		(a) Any veteran who holds proof of a service-connected
2		disability from the United States Department of Veterans
3		Affairs, and who has obtained certification from a licensed
4		physician, physician assistant, or advanced practice
5		registered nurse that the service-connected disability
6		qualifies the veteran for issuance of registration plates or
7		digital registration plates or decals to a person with
8		disabilities in accordance with Section 3-616, may, without
9		the payment of any registration fee, make application to the
10		Secretary of State for license plates for veterans with
11		disabilities displaying the international symbol of access,
12		for the registration of one motor vehicle of the first
13		division, one motorcycle, or one motor vehicle of the second
14		division weighing not more than 8,000 pounds.
15		(b) Any veteran who holds proof of a service-connected
16		disability from the United States Department of Veterans
17		Affairs, and whose degree of disability has been declared to
18		be 50% or more, but whose disability does not qualify the
19		veteran for a plate or decal for persons with disabilities
20		under Section 3-616, may, without the payment of any
21		registration fee, make application to the Secretary for a
22		special registration plate or digital registration plate
23		without the international symbol of access for the
24		registration of one motor vehicle of the first division, one
25		motorcycle, or one motor vehicle of the second division
26		weighing not more than 8,000 pounds.

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1		(c) Renewal of such registration must be accompanied with
2		documentation for eligibility of registration without fee
3		unless the applicant has a permanent qualifying disability,
4		and such registration plates or digital registration plates
5		may not be issued to any person not eligible therefor. The
6		Illinois Department of Veterans' Affairs may assist in
7		providing the documentation of disability.
8		(d) The design and color of the plates shall be within the
9		discretion of the Secretary, except that the plates issued
10		under subsection (b) of this Section shall not contain the
11		international symbol of access. The Secretary may, in his or
12		her discretion, allow the plates to be issued as vanity or
13		personalized plates in accordance with Section 3-405.1 of this
14		Code. Registration shall be for a multi-year period and may be
15		issued staggered registration.
16		(e) Any person eligible to receive license plates under
17		this Section who has been approved for benefits under the
18		Senior Citizens and Persons with Disabilities Property Tax
19		Relief Act, or who has claimed and received a grant under that
20		Act, shall pay a fee of $24 instead of the fee otherwise
21		provided in this Code for passenger cars displaying standard
22		multi-year registration plates or digital registration plates
23		issued under Section 3-414.1, for motor vehicles registered at
24		8,000 pounds or less under Section 3-815(a), or for
25		recreational vehicles registered at 8,000 pounds or less under
26		Section 3-815(b), for a second set of plates under this

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1		Section.
2		(Source: P.A. 100-513, eff. 1-1-18; 101-395, eff. 8-16-19;
3		101-536, eff. 1-1-20; revised 9-24-19.)
4		(625 ILCS 5/3-699.14)
5		Sec. 3-699.14. Universal special license plates.
6		(a) In addition to any other special license plate, the
7		Secretary, upon receipt of all applicable fees and
8		applications made in the form prescribed by the Secretary, may
9		issue Universal special license plates to residents of
10		Illinois on behalf of organizations that have been authorized
11		by the General Assembly to issue decals for Universal special
12		license plates. Appropriate documentation, as determined by
13		the Secretary, shall accompany each application. Authorized
14		organizations shall be designated by amendment to this
15		Section. When applying for a Universal special license plate
16		the applicant shall inform the Secretary of the name of the
17		authorized organization from which the applicant will obtain a
18		decal to place on the plate. The Secretary shall make a record
19		of that organization and that organization shall remain
20		affiliated with that plate until the plate is surrendered,
21		revoked, or otherwise cancelled. The authorized organization
22		may charge a fee to offset the cost of producing and
23		distributing the decal, but that fee shall be retained by the
24		authorized organization and shall be separate and distinct
25		from any registration fees charged by the Secretary. No decal,

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1		sticker, or other material may be affixed to a Universal
2		special license plate other than a decal authorized by the
3		General Assembly in this Section or a registration renewal
4		sticker. The special plates issued under this Section shall be
5		affixed only to passenger vehicles of the first division,
6		including motorcycles and autocycles, or motor vehicles of the
7		second division weighing not more than 8,000 pounds. Plates
8		issued under this Section shall expire according to the
9		multi-year procedure under Section 3-414.1 of this Code.
10		(b) The design, color, and format of the Universal special
11		license plate shall be wholly within the discretion of the
12		Secretary. Universal special license plates are not required
13		to designate "Land of Lincoln", as prescribed in subsection
14		(b) of Section 3-412 of this Code. The design shall allow for
15		the application of a decal to the plate. Organizations
16		authorized by the General Assembly to issue decals for
17		Universal special license plates shall comply with rules
18		adopted by the Secretary governing the requirements for and
19		approval of Universal special license plate decals. The
20		Secretary may, in his or her discretion, allow Universal
21		special license plates to be issued as vanity or personalized
22		plates in accordance with Section 3-405.1 of this Code. The
23		Secretary of State must make a version of the special
24		registration plates authorized under this Section in a form
25		appropriate for motorcycles and autocycles.
26		(c) When authorizing a Universal special license plate,

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1		the General Assembly shall set forth whether an additional fee
2		is to be charged for the plate and, if a fee is to be charged,
3		the amount of the fee and how the fee is to be distributed.
4		When necessary, the authorizing language shall create a
5		special fund in the State treasury into which fees may be
6		deposited for an authorized Universal special license plate.
7		Additional fees may only be charged if the fee is to be paid
8		over to a State agency or to a charitable entity that is in
9		compliance with the registration and reporting requirements of
10		the Charitable Trust Act and the Solicitation for Charity Act.
11		Any charitable entity receiving fees for the sale of Universal
12		special license plates shall annually provide the Secretary of
13		State a letter of compliance issued by the Attorney General
14		verifying that the entity is in compliance with the Charitable
15		Trust Act and the Solicitation for Charity Act.
16		(d) Upon original issuance and for each registration
17		renewal period, in addition to the appropriate registration
18		fee, if applicable, the Secretary shall collect any additional
19		fees, if required, for issuance of Universal special license
20		plates. The fees shall be collected on behalf of the
21		organization designated by the applicant when applying for the
22		plate. All fees collected shall be transferred to the State
23		agency on whose behalf the fees were collected, or paid into
24		the special fund designated in the law authorizing the
25		organization to issue decals for Universal special license
26		plates. All money in the designated fund shall be distributed

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1		by the Secretary subject to appropriation by the General
2		Assembly.
3		(e) The following organizations may issue decals for
4		Universal special license plates with the original and renewal
5		fees and fee distribution as follows:
6		(1) The Illinois Department of Natural Resources.
7		(A) Original issuance: $25; with $10 to the
8		Roadside Monarch Habitat Fund and $15 to the Secretary
9		of State Special License Plate Fund.
10		(B) Renewal: $25; with $23 to the Roadside Monarch
11		Habitat Fund and $2 to the Secretary of State Special
12		License Plate Fund.
13		(2) Illinois Veterans' Homes.
14		(A) Original issuance: $26, which shall be
15		deposited into the Illinois Veterans' Homes Fund.
16		(B) Renewal: $26, which shall be deposited into
17		the Illinois Veterans' Homes Fund.
18		(3) The Illinois Department of Human Services for
19		volunteerism decals.
20		(A) Original issuance: $25, which shall be
21		deposited into the Secretary of State Special License
22		Plate Fund.
23		(B) Renewal: $25, which shall be deposited into
24		the Secretary of State Special License Plate Fund.
25		(4) The Illinois Department of Public Health.
26		(A) Original issuance: $25; with $10 to the

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1		Prostate Cancer Awareness Fund and $15 to the
2		Secretary of State Special License Plate Fund.
3		(B) Renewal: $25; with $23 to the Prostate Cancer
4		Awareness Fund and $2 to the Secretary of State
5		Special License Plate Fund.
6		(5) Horsemen's Council of Illinois.
7		(A) Original issuance: $25; with $10 to the
8		Horsemen's Council of Illinois Fund and $15 to the
9		Secretary of State Special License Plate Fund.
10		(B) Renewal: $25; with $23 to the Horsemen's
11		Council of Illinois Fund and $2 to the Secretary of
12		State Special License Plate Fund.
13		(6) K9s for Veterans, NFP.
14		(A) Original issuance: $25; with $10 to the
15		Post-Traumatic Stress Disorder Awareness Fund and $15
16		to the Secretary of State Special License Plate Fund.
17		(B) Renewal: $25; with $23 to the Post-Traumatic
18		Stress Disorder Awareness Fund and $2 to the Secretary
19		of State Special License Plate Fund.
20		(7) (6) The International Association of Machinists
21		and Aerospace Workers.
22		(A) Original issuance: $35; with $20 to the Guide
23		Dogs of America Fund and $15 to the Secretary of State
24		Special License Plate Fund.
25		(B) Renewal: $25; with $23 going to the Guide Dogs
26		of America Fund and $2 to the Secretary of State

SB2435 Enrolled - 1660 - LRB102 04062 AMC 14078 b
1		Special License Plate Fund.
2		(8) (7) Local Lodge 701 of the International
3		Association of Machinists and Aerospace Workers.
4		(A) Original issuance: $35; with $10 to the Guide
5		Dogs of America Fund, $10 to the Mechanics Training
6		Fund, and $15 to the Secretary of State Special
7		License Plate Fund.
8		(B) Renewal: $30; with $13 to the Guide Dogs of
9		America Fund, $15 to the Mechanics Training Fund, and
10		$2 to the Secretary of State Special License Plate
11		Fund.
12		(9) (6) Illinois Department of Human Services.
13		(A) Original issuance: $25; with $10 to the
14		Theresa Tracy Trot - Illinois CancerCare Foundation
15		Fund and $15 to the Secretary of State Special License
16		Plate Fund.
17		(B) Renewal: $25; with $23 to the Theresa Tracy
18		Trot - Illinois CancerCare Foundation Fund and $2 to
19		the Secretary of State Special License Plate Fund.
20		(10) (6) The Illinois Department of Human Services for
21		developmental disabilities awareness decals.
22		(A) Original issuance: $25; with $10 to the
23		Developmental Disabilities Awareness Fund and $15 to
24		the Secretary of State Special License Plate Fund.
25		(B) Renewal: $25; with $23 to the Developmental
26		Disabilities Awareness Fund and $2 to the Secretary of

SB2435 Enrolled - 1661 - LRB102 04062 AMC 14078 b
1		State Special License Plate Fund.
2		(11) (6) The Illinois Department of Human Services for
3		pediatric cancer awareness decals.
4		(A) Original issuance: $25; with $10 to the
5		Pediatric Cancer Awareness Fund and $15 to the
6		Secretary of State Special License Plate Fund.
7		(B) Renewal: $25; with $23 to the Pediatric Cancer
8		Awareness Fund and $2 to the Secretary of State
9		Special License Plate Fund.
10		(f) The following funds are created as special funds in
11		the State treasury:
12		(1) The Roadside Monarch Habitat Fund. All moneys to
13		be paid as grants to the Illinois Department of Natural
14		Resources to fund roadside monarch and other pollinator
15		habitat development, enhancement, and restoration projects
16		in this State.
17		(2) The Prostate Cancer Awareness Fund. All moneys to
18		be paid as grants to the Prostate Cancer Foundation of
19		Chicago.
20		(3) The Horsemen's Council of Illinois Fund. All
21		moneys shall be paid as grants to the Horsemen's Council
22		of Illinois.
23		(4) The Post-Traumatic Stress Disorder Awareness Fund.
24		All money in the Post-Traumatic Stress Disorder Awareness
25		Fund shall be paid as grants to K9s for Veterans, NFP for
26		support, education, and awareness of veterans with

SB2435 Enrolled - 1662 - LRB102 04062 AMC 14078 b
1		post-traumatic stress disorder.
2		(5) (4) The Guide Dogs of America Fund. All moneys
3		shall be paid as grants to the International Guiding Eyes,
4		Inc., doing business as Guide Dogs of America.
5		(6) (5) The Mechanics Training Fund. All moneys shall
6		be paid as grants to the Mechanics Local 701 Training
7		Fund.
8		(7) (4) The Theresa Tracy Trot - Illinois CancerCare
9		Foundation Fund. All money in the Theresa Tracy Trot -
10		Illinois CancerCare Foundation Fund shall be paid to the
11		Illinois CancerCare Foundation for the purpose of
12		furthering pancreatic cancer research.
13		(8) (4) The Developmental Disabilities Awareness Fund.
14		All moneys to be paid as grants to the Illinois Department
15		of Human Services to fund legal aid groups to assist with
16		guardianship fees for private citizens willing to become
17		guardians for individuals with developmental disabilities
18		but who are unable to pay the legal fees associated with
19		becoming a guardian.
20		(9) (4) The Pediatric Cancer Awareness Fund. All
21		moneys to be paid as grants to the Cancer Center at
22		Illinois for pediatric cancer treatment and research.
23		(Source: P.A. 100-57, eff. 1-1-18; 100-60, eff. 1-1-18;
24		100-78, eff. 1-1-18; 100-201, eff. 8-18-17; 100-863, eff.
25		8-14-18; 101-248, eff. 1-1-20; 101-256, eff. 1-1-20; 101-276,
26		eff. 8-9-19; 101-282, eff. 1-1-20; 101-372, eff. 1-1-20;

SB2435 Enrolled - 1663 - LRB102 04062 AMC 14078 b
1		revised 9-24-19.)
2		(625 ILCS 5/3-699.17)
3		Sec. 3-699.17. Global War on Terrorism license plates.
4		(a) In addition to any other special license plate, the
5		Secretary, upon receipt of all applicable fees and
6		applications made in the form prescribed by the Secretary, may
7		issue Global War on Terrorism license plates to residents of
8		this State who have earned the Global War on Terrorism
9		Expeditionary Medal from the United States Armed Forces. The
10		special Global War on Terrorism plates issued under this
11		Section shall be affixed only to passenger vehicles of the
12		first division, including motorcycles, or motor vehicles of
13		the second division weighing not more than 8,000 pounds.
14		Plates issued under this Section shall expire according to the
15		multi-year procedure under Section 3-414.1 of this Code.
16		(b) The design, color, and format of the Global War on
17		Terrorism license plate shall be wholly within the discretion
18		of the Secretary. The Secretary may, in his or her discretion,
19		allow the Global War on Terrorism license plates to be issued
20		as vanity or personalized plates in accordance with Section
21		3-405.1 of this Code. Global War on Terrorism license plates
22		are not required to designate "Land of Lincoln", as prescribed
23		in subsection (b) of Section 3-412 of this Code. The Secretary
24		shall, in his or her discretion, approve and prescribe
25		stickers or decals as provided under Section 3-412.

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1		(Source: P.A. 101-51, eff. 7-12-19.)
2		(625 ILCS 5/3-699.18)
3		Sec. 3-699.18 3-699.17. Cold War license plates.
4		(a) In addition to any other special license plate, the
5		Secretary, upon receipt of all applicable fees and
6		applications made in the form prescribed by the Secretary of
7		State, may issue Cold War license plates to residents of
8		Illinois who served in the United States Armed Forces between
9		August 15, 1945 and January 1, 1992. The special Cold War
10		plates issued under this Section shall be affixed only to
11		passenger vehicles of the first division, motorcycles, and
12		motor vehicles of the second division weighing not more than
13		8,000 pounds. Plates issued under this Section shall expire
14		according to the staggered multi-year procedure established by
15		Section 3-414.1 of this Code.
16		(b) The design, color, and format of the plates shall be
17		wholly within the discretion of the Secretary of State. The
18		Secretary may, in his or her discretion, allow the plates to be
19		issued as vanity plates or personalized in accordance with
20		Section 3-405.1 of this Code. The plates are not required to
21		designate "Land of Lincoln", as prescribed in subsection (b)
22		of Section 3-412 of this Code. The Secretary shall, in his or
23		her discretion, approve and prescribe stickers or decals as
24		provided under Section 3-412.
25		(Source: P.A. 101-245, eff. 1-1-20; revised 10-23-19.)

SB2435 Enrolled - 1665 - LRB102 04062 AMC 14078 b
1		(625 ILCS 5/3-699.21)
2		Sec. 3-699.21 3-699.17. United Nations Protection Force
3		license plates.
4		(a) In addition to any other special license plate, the
5		Secretary, upon receipt of all applicable fees and
6		applications made in the form prescribed by the Secretary of
7		State, may issue United Nations Protection Force license
8		plates to residents of this State who served in the United
9		Nations Protection Force in Yugoslavia. The special United
10		Nations Protection Force plate issued under this Section shall
11		be affixed only to passenger vehicles of the first division
12		and motor vehicles of the second division weighing not more
13		than 8,000 pounds. Plates issued under this Section shall
14		expire according to the staggered multi-year procedure
15		established by Section 3-414.1 of this Code.
16		(b) The design, color, and format of the plates shall be
17		wholly within the discretion of the Secretary of State. The
18		Secretary may, in his or her discretion, allow the plates to be
19		issued as vanity plates or personalized in accordance with
20		Section 3-405.1 of this Code. The plates are not required to
21		designate "Land of Lincoln", as prescribed in subsection (b)
22		of Section 3-412 of this Code. The Secretary shall approve and
23		prescribe stickers or decals as provided under Section 3-412.
24		(c) An applicant shall be charged a $15 fee for original
25		issuance in addition to the applicable registration fee. This

SB2435 Enrolled - 1666 - LRB102 04062 AMC 14078 b
1		additional fee shall be deposited into the Secretary of State
2		Special License Plate Fund. For each registration renewal
3		period, a $2 fee, in addition to the appropriate registration
4		fee, shall be charged and shall be deposited into the
5		Secretary of State Special License Plate Fund.
6		(Source: P.A. 101-247, eff. 1-1-20; revised 10-23-19.)
7		(625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
8		Sec. 3-704. Authority of Secretary of State to suspend or
9		revoke a registration or certificate of title; authority to
10		suspend or revoke the registration of a vehicle.
11		(a) The Secretary of State may suspend or revoke the
12		registration of a vehicle or a certificate of title,
13		registration card, registration sticker or digital
14		registration sticker, registration plate or digital
15		registration plate, disability parking decal or device, or any
16		nonresident or other permit in any of the following events:
17		1. When the Secretary of State is satisfied that such
18		registration or that such certificate, card, plate or
19		digital plate, registration sticker or digital
20		registration sticker, or permit was fraudulently or
21		erroneously issued;
22		2. When a registered vehicle has been dismantled or
23		wrecked or is not properly equipped;
24		3. When the Secretary of State determines that any
25		required fees have not been paid to the Secretary of

SB2435 Enrolled - 1667 - LRB102 04062 AMC 14078 b
1		State, to the Illinois Commerce Commission, or to the
2		Illinois Department of Revenue under the Motor Fuel Tax
3		Law, and the same are not paid upon reasonable notice and
4		demand;
5		4. When a registration card, registration plate or
6		digital registration plate, registration sticker or
7		digital registration sticker, or permit is knowingly
8		displayed upon a vehicle other than the one for which
9		issued;
10		5. When the Secretary of State determines that the
11		owner has committed any offense under this Chapter
12		involving the registration or the certificate, card, plate
13		or digital plate, registration sticker or digital
14		registration sticker, or permit to be suspended or
15		revoked;
16		6. When the Secretary of State determines that a
17		vehicle registered not-for-hire is used or operated
18		for-hire unlawfully, or used or operated for purposes
19		other than those authorized;
20		7. When the Secretary of State determines that an
21		owner of a for-hire motor vehicle has failed to give proof
22		of financial responsibility as required by this Act;
23		8. When the Secretary determines that the vehicle is
24		not subject to or eligible for a registration;
25		9. When the Secretary determines that the owner of a
26		vehicle registered under the mileage weight tax option

SB2435 Enrolled - 1668 - LRB102 04062 AMC 14078 b
1		fails to maintain the records specified by law, or fails
2		to file the reports required by law, or that such vehicle
3		is not equipped with an operable and operating speedometer
4		or odometer;
5		10. When the Secretary of State is so authorized under
6		any other provision of law;
7		11. When the Secretary of State determines that the
8		holder of a disability parking decal or device has
9		committed any offense under Chapter 11 of this Code
10		involving the use of a disability parking decal or device.
11		(a-5) The Secretary of State may revoke a certificate of
12		title and registration card and issue a corrected certificate
13		of title and registration card, at no fee to the vehicle owner
14		or lienholder, if there is proof that the vehicle
15		identification number is erroneously shown on the original
16		certificate of title.
17		(b) The Secretary of State may suspend or revoke the
18		registration of a vehicle as follows:
19		1. When the Secretary of State determines that the
20		owner of a vehicle has not paid a civil penalty or a
21		settlement agreement arising from the violation of rules
22		adopted under the Illinois Motor Carrier Safety Law or the
23		Illinois Hazardous Materials Transportation Act or that a
24		vehicle, regardless of ownership, was the subject of
25		violations of these rules that resulted in a civil penalty
26		or settlement agreement which remains unpaid.

SB2435 Enrolled - 1669 - LRB102 04062 AMC 14078 b
1		2. When the Secretary of State determines that a
2		vehicle registered for a gross weight of more than 16,000
3		pounds within an affected area is not in compliance with
4		the provisions of Section 13-109.1 of this the Illinois
5		Vehicle Code.
6		3. When the Secretary of State is notified by the
7		United States Department of Transportation that a vehicle
8		is in violation of the Federal Motor Carrier Safety
9		Regulations, as they are now or hereafter amended, and is
10		prohibited from operating.
11		(c) The Secretary of State may suspend the registration of
12		a vehicle when a court finds that the vehicle was used in a
13		violation of Section 24-3A of the Criminal Code of 1961 or the
14		Criminal Code of 2012 relating to gunrunning. A suspension of
15		registration under this subsection (c) may be for a period of
16		up to 90 days.
17		(d) The Secretary shall deny, suspend, or revoke
18		registration if the applicant fails to disclose material
19		information required, if the applicant has made a materially
20		false statement on the application, if the applicant has
21		applied as a subterfuge for the real party in interest who has
22		been issued a federal out-of-service order, or if the
23		applicant's business is operated by, managed by, or otherwise
24		controlled by or affiliated with a person who is ineligible
25		for registration, including the applicant entity, a relative,
26		family member, corporate officer, or shareholder. The

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1		Secretary shall deny, suspend, or revoke registration for
2		either (i) a vehicle if the motor carrier responsible for the
3		safety of the vehicle has been prohibited from operating by
4		the Federal Motor Carrier Safety Administration; or (ii) a
5		carrier whose business is operated by, managed by, or
6		otherwise controlled by or affiliated with a person who is
7		ineligible for registration, which may include the owner, a
8		relative, family member, corporate officer, or shareholder of
9		the carrier.
10		(Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19;
11		revised 9-24-19.)
12		(625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)
13		Sec. 3-802. Reclassifications and upgrades.
14		(a) Definitions. For the purposes of this Section, the
15		following words shall have the meanings ascribed to them as
16		follows:
17		"Reclassification" means changing the registration of
18		a vehicle from one plate category to another.
19		"Upgrade" means increasing the registered weight of a
20		vehicle within the same plate category.
21		(b) When reclassing the registration of a vehicle from one
22		plate category to another, the owner shall receive credit for
23		the unused portion of the present plate and be charged the
24		current portion fees for the new plate. In addition, the
25		appropriate replacement plate and replacement sticker fees

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1		shall be assessed.
2		(b-5) Beginning with the 2019 registration year, any
3		individual who has a registration issued under either Section
4		3-405 or 3-405.1 that qualifies for a special license plate
5		under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623,
6		3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
7		3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680,
8		3-681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, or
9		3-699.17 may reclass his or her registration upon acquiring a
10		special license plate listed in this subsection (b-5) without
11		a replacement plate or digital plate fee or registration
12		sticker or digital registration sticker cost.
13		(b-10) Beginning with the 2019 registration year, any
14		individual who has a special license plate issued under
15		Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624,
16		3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651,
17		3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681,
18		3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, or 3-699.17 may
19		reclass his or her special license plate upon acquiring a new
20		registration under Section 3-405 or 3-405.1 without a
21		replacement plate or digital plate fee or registration sticker
22		or digital registration sticker cost.
23		(c) When upgrading the weight of a registration within the
24		same plate category, the owner shall pay the difference in
25		current period fees between the 2 two plates. In addition, the
26		appropriate replacement plate and replacement sticker fees

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1		shall be assessed. In the event new plates are not required,
2		the corrected registration card fee shall be assessed.
3		(d) In the event the owner of the vehicle desires to change
4		the registered weight and change the plate category, the owner
5		shall receive credit for the unused portion of the
6		registration fee of the current plate and pay the current
7		portion of the registration fee for the new plate, and in
8		addition, pay the appropriate replacement plate and
9		replacement sticker fees.
10		(e) Reclassing from one plate category to another plate
11		category can be done only once within any registration period.
12		(f) No refunds shall be made in any of the circumstances
13		found in subsection (b), subsection (c), or subsection (d);
14		however, when reclassing from a flat weight plate to an
15		apportioned plate, a refund may be issued if the credit
16		amounts to an overpayment.
17		(g) In the event the registration of a vehicle registered
18		under the mileage tax option is revoked, the owner shall be
19		required to pay the annual registration fee in the new plate
20		category and shall not receive any credit for the mileage
21		plate fees.
22		(h) Certain special interest plates may be displayed on
23		first division vehicles, second division vehicles weighing
24		8,000 pounds or less, and recreational vehicles. Those plates
25		can be transferred within those vehicle groups.
26		(i) Plates displayed on second division vehicles weighing

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1		8,000 pounds or less and passenger vehicle plates may be
2		reclassed from one division to the other.
3		(j) Other than in subsection (i), reclassing from one
4		division to the other division is prohibited. In addition, a
5		reclass from a motor vehicle to a trailer or a trailer to a
6		motor vehicle is prohibited.
7		(Source: P.A. 100-246, eff. 1-1-18; 100-450, eff. 1-1-18;
8		100-863, eff. 8-14-18; 101-51, eff. 7-12-19; 101-395, eff.
9		8-16-19; revised 9-24-19.)
10		(625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
11		Sec. 3-806.3. Senior citizens. Commencing with the 2009
12		registration year, the registration fee paid by any vehicle
13		owner who has been approved for benefits under the Senior
14		Citizens and Persons with Disabilities Property Tax Relief Act
15		or who is the spouse of such a person shall be $24 instead of
16		the fee otherwise provided in this Code for passenger cars
17		displaying standard multi-year registration plates or digital
18		registration plates issued under Section 3-414.1, motor
19		vehicles displaying special registration plates or digital
20		registration plates issued under Section 3-609, 3-616, 3-621,
21		3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645,
22		3-647, 3-650, 3-651, 3-663, or 3-699.17, motor vehicles
23		registered at 8,000 pounds or less under Section 3-815(a), and
24		recreational vehicles registered at 8,000 pounds or less under
25		Section 3-815(b). Widows and widowers of claimants shall also

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1		be entitled to this reduced registration fee for the
2		registration year in which the claimant was eligible.
3		Commencing with the 2009 registration year, the
4		registration fee paid by any vehicle owner who has claimed and
5		received a grant under the Senior Citizens and Persons with
6		Disabilities Property Tax Relief Act or who is the spouse of
7		such a person shall be $24 instead of the fee otherwise
8		provided in this Code for passenger cars displaying standard
9		multi-year registration plates or digital registration plates
10		issued under Section 3-414.1, motor vehicles displaying
11		special registration plates or digital registration plates
12		issued under Section 3-607, 3-609, 3-616, 3-621, 3-622, 3-623,
13		3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
14		3-651, 3-663, 3-664, or 3-699.17, motor vehicles registered at
15		8,000 pounds or less under Section 3-815(a), and recreational
16		vehicles registered at 8,000 pounds or less under Section
17		3-815(b). Widows and widowers of claimants shall also be
18		entitled to this reduced registration fee for the registration
19		year in which the claimant was eligible.
20		Commencing with the 2017 registration year, the reduced
21		fee under this Section shall apply to any special registration
22		plate or digital registration plate authorized in Article VI
23		of Chapter 3 of this Code for which the applicant would
24		otherwise be eligible.
25		Surcharges for vehicle registrations under Section 3-806
26		of this Code shall not be collected from any vehicle owner who

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1		has been approved for benefits under the Senior Citizens and
2		Disabled Persons Property Tax Relief Act or a person who is the
3		spouse of such a person.
4		No more than one reduced registration fee under this
5		Section shall be allowed during any 12-month period based on
6		the primary eligibility of any individual, whether such
7		reduced registration fee is allowed to the individual or to
8		the spouse, widow or widower of such individual. This Section
9		does not apply to the fee paid in addition to the registration
10		fee for motor vehicles displaying vanity, personalized, or
11		special license plates.
12		(Source: P.A. 101-51, eff. 7-12-19; 101-395, eff. 8-16-19;
13		revised 9-24-19.)
14		(625 ILCS 5/4-104) (from Ch. 95 1/2, par. 4-104)
15		Sec. 4-104. Offenses relating to possession of titles and
16		registration.
17		(a) It is a violation of this Chapter for:
18		1. A person to possess without authority any
19		manufacturer's manufacturers statement of origin,
20		certificate of title, salvage certificate, junking
21		certificate, display certificate of title, registration
22		card, license plate or digital license plate, registration
23		sticker or digital registration sticker, or temporary
24		registration permit, whether blank or otherwise;
25		2. A person to possess any manufacturer's

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1		manufacturers certificate of origin, salvage certificate,
2		junking certificate, certificate of title, or display
3		certificate without complete assignment;
4		3. A person to possess any manufacturer's
5		manufacturers statement of origin, salvage certificate,
6		junking certificate, display certificate or certificate of
7		title, temporary registration permit, registration card,
8		license plate or digital license plate, or registration
9		sticker or digital registration sticker knowing it to have
10		been stolen, converted, altered, forged, or counterfeited;
11		4. A person to display or affix to a vehicle any
12		certificate of title, manufacturer's manufacturers
13		statement of origin, salvage certificate, junking
14		certificate, display certificate, temporary registration
15		permit, registration card, license plate or digital
16		license plate, or registration sticker or digital
17		registration sticker not authorized by law for use on such
18		vehicle;
19		5. A person to permit another, not entitled thereto,
20		to use or have possession of any manufacturer's
21		manufacturers statement of origin, salvage certificate,
22		junking certificate, display certificate or certificate of
23		title, registration card, license plate or digital license
24		plate, temporary registration permit, or registration
25		sticker or digital registration sticker;
26		6. A person to fail to mail or deliver to the proper

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1		person, within a reasonable period of time after receipt
2		from the Secretary of State, any certificate of title,
3		salvage certificate, junking certificate, display
4		certificate, registration card, temporary registration
5		permit, license plate or digital license plate, or
6		registration sticker or digital registration sticker. If a
7		person mails or delivers reasonable notice to the proper
8		person after receipt from the Secretary of State, a
9		presumption of delivery within a reasonable period of time
10		shall exist; provided, however, the delivery is made,
11		either by mail or otherwise, within 20 days from the date
12		of receipt from the Secretary of State.
13		(b) Sentence:
14		1. A person convicted of a violation of subsection 1
15		or 2 of paragraph (a) of this Section is guilty of a Class
16		4 felony.
17		2. A person convicted of a violation of subsection 3
18		of paragraph (a) of this Section is guilty of a Class 2
19		felony.
20		3. A person convicted of a violation of either
21		subsection 4 or 5 of paragraph (a) of this Section is
22		guilty of a Class A misdemeanor and upon a second or
23		subsequent conviction of such a violation is guilty of a
24		Class 4 felony.
25		4. A person convicted of a violation of subsection 6
26		of paragraph (a) of this Section is guilty of a petty

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1		offense.
2		(Source: P.A. 101-395, eff. 8-16-19; revised 8-18-20.)
3		(625 ILCS 5/4-105) (from Ch. 95 1/2, par. 4-105)
4		Sec. 4-105. Offenses relating to disposition of titles and
5		registration.
6		(a) It is a violation of this Chapter for:
7		1. a person to alter, forge, or counterfeit any
8		manufacturer's manufacturers statement of origin,
9		certificate of title, salvage certificate, junking
10		certificate, display certificate, registration sticker or
11		digital registration sticker, registration card, or
12		temporary registration permit;
13		2. a person to alter, forge, or counterfeit an
14		assignment of any manufacturer's manufacturers statement
15		of origin, certificate of title, salvage certificate or
16		junking certificate;
17		3. a person to alter, forge, or counterfeit a release
18		of a security interest on any manufacturer's manufacturers
19		statement of origin, certificate of title, salvage
20		certificate or junking certificate;
21		4. a person to alter, forge, or counterfeit an
22		application for any certificate of title, salvage
23		certificate, junking certificate, display certificate,
24		registration sticker or digital registration sticker,
25		registration card, temporary registration permit or

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1		license plate;
2		5. a person to use a false or fictitious name or
3		address or altered, forged, counterfeited or stolen
4		manufacturer's identification number, or make a material
5		false statement, or fail to disclose a security interest,
6		or conceal any other material fact on any application for
7		any manufacturer's manufacturers statement of origin,
8		certificate of title, junking certificate, salvage
9		certificate, registration card, license plate or digital
10		license plate, temporary registration permit, or
11		registration sticker or digital registration sticker, or
12		commit a fraud in connection with any application under
13		this Act;
14		6. an unauthorized person to have in his possession a
15		blank Illinois certificate of title paper;
16		7. a person to surrender or cause to be surrendered
17		any certificate of title, salvage or junking certificate
18		in exchange for a certificate of title or other title
19		document from any other state or foreign jurisdiction for
20		the purpose of changing or deleting an "S.V." or "REBUILT"
21		notation, odometer reading, or any other information
22		contained on such Illinois certificate.
23		(b) Sentence. : A person convicted of a violation of this
24		Section shall be guilty of a Class 2 felony.
25		(Source: P.A. 101-395, eff. 8-16-19; revised 8-18-20.)

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1		(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
2		Sec. 6-106. Application for license or instruction permit.
3		(a) Every application for any permit or license authorized
4		to be issued under this Code shall be made upon a form
5		furnished by the Secretary of State. Every application shall
6		be accompanied by the proper fee and payment of such fee shall
7		entitle the applicant to not more than 3 attempts to pass the
8		examination within a period of one year after the date of
9		application.
10		(b) Every application shall state the legal name, social
11		security number, zip code, date of birth, sex, and residence
12		address of the applicant; briefly describe the applicant;
13		state whether the applicant has theretofore been licensed as a
14		driver, and, if so, when and by what state or country, and
15		whether any such license has ever been cancelled, suspended,
16		revoked or refused, and, if so, the date and reason for such
17		cancellation, suspension, revocation or refusal; shall include
18		an affirmation by the applicant that all information set forth
19		is true and correct; and shall bear the applicant's signature.
20		In addition to the residence address, the Secretary may allow
21		the applicant to provide a mailing address. In the case of an
22		applicant who is a judicial officer or peace officer, the
23		Secretary may allow the applicant to provide an office or work
24		address in lieu of a residence or mailing address. The
25		application form may also require the statement of such
26		additional relevant information as the Secretary of State

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1		shall deem necessary to determine the applicant's competency
2		and eligibility. The Secretary of State may, in his
3		discretion, by rule or regulation, provide that an application
4		for a drivers license or permit may include a suitable
5		photograph of the applicant in the form prescribed by the
6		Secretary, and he may further provide that each drivers
7		license shall include a photograph of the driver. The
8		Secretary of State may utilize a photograph process or system
9		most suitable to deter alteration or improper reproduction of
10		a drivers license and to prevent substitution of another photo
11		thereon. For the purposes of this subsection (b), "peace
12		officer" means any person who by virtue of his or her office or
13		public employment is vested by law with a duty to maintain
14		public order or to make arrests for a violation of any penal
15		statute of this State, whether that duty extends to all
16		violations or is limited to specific violations.
17		(b-3) Upon the first issuance of a request for proposals
18		for a digital driver's license and identification card
19		issuance and facial recognition system issued after January 1,
20		2020 (the effective date of Public Act 101-513) this
21		amendatory Act of the 101st General Assembly, and upon
22		implementation of a new or revised system procured pursuant to
23		that request for proposals, the Secretary shall permit
24		applicants to choose between "male", "female" or "non-binary"
25		when designating the applicant's sex on the driver's license
26		application form. The sex designated by the applicant shall be

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1		displayed on the driver's license issued to the applicant.
2		(b-5) Every applicant for a REAL ID compliant driver's
3		license or permit shall provide proof of lawful status in the
4		United States as defined in 6 CFR 37.3, as amended. Applicants
5		who are unable to provide the Secretary with proof of lawful
6		status may apply for a driver's license or permit under
7		Section 6-105.1 of this Code.
8		(c) The application form shall include a notice to the
9		applicant of the registration obligations of sex offenders
10		under the Sex Offender Registration Act. The notice shall be
11		provided in a form and manner prescribed by the Secretary of
12		State. For purposes of this subsection (c), "sex offender" has
13		the meaning ascribed to it in Section 2 of the Sex Offender
14		Registration Act.
15		(d) Any male United States citizen or immigrant who
16		applies for any permit or license authorized to be issued
17		under this Code or for a renewal of any permit or license, and
18		who is at least 18 years of age but less than 26 years of age,
19		must be registered in compliance with the requirements of the
20		federal Military Selective Service Act. The Secretary of State
21		must forward in an electronic format the necessary personal
22		information regarding the applicants identified in this
23		subsection (d) to the Selective Service System. The
24		applicant's signature on the application serves as an
25		indication that the applicant either has already registered
26		with the Selective Service System or that he is authorizing

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1		the Secretary to forward to the Selective Service System the
2		necessary information for registration. The Secretary must
3		notify the applicant at the time of application that his
4		signature constitutes consent to registration with the
5		Selective Service System, if he is not already registered.
6		(e) Beginning on or before July 1, 2015, for each original
7		or renewal driver's license application under this Code, the
8		Secretary shall inquire as to whether the applicant is a
9		veteran for purposes of issuing a driver's license with a
10		veteran designation under subsection (e-5) of Section 6-110 of
11		this Code. The acceptable forms of proof shall include, but
12		are not limited to, Department of Defense form DD-214,
13		Department of Defense form DD-256 for applicants who did not
14		receive a form DD-214 upon the completion of initial basic
15		training, Department of Defense form DD-2 (Retired), an
16		identification card issued under the federal Veterans
17		Identification Card Act of 2015, or a United States Department
18		of Veterans Affairs summary of benefits letter. If the
19		document cannot be stamped, the Illinois Department of
20		Veterans' Affairs shall provide a certificate to the veteran
21		to provide to the Secretary of State. The Illinois Department
22		of Veterans' Affairs shall advise the Secretary as to what
23		other forms of proof of a person's status as a veteran are
24		acceptable.
25		For each applicant who is issued a driver's license with a
26		veteran designation, the Secretary shall provide the

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1		Department of Veterans' Affairs with the applicant's name,
2		address, date of birth, gender and such other demographic
3		information as agreed to by the Secretary and the Department.
4		The Department may take steps necessary to confirm the
5		applicant is a veteran. If after due diligence, including
6		writing to the applicant at the address provided by the
7		Secretary, the Department is unable to verify the applicant's
8		veteran status, the Department shall inform the Secretary, who
9		shall notify the applicant that the he or she must confirm
10		status as a veteran, or the driver's license will be
11		cancelled.
12		For purposes of this subsection (e):
13		"Armed forces" means any of the Armed Forces of the United
14		States, including a member of any reserve component or
15		National Guard unit.
16		"Veteran" means a person who has served in the armed
17		forces and was discharged or separated under honorable
18		conditions.
19		(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
20		100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff.
21		8-9-19; 101-513, eff. 1-1-20; revised 8-24-20.)
22		(625 ILCS 5/6-206)
23		Sec. 6-206. Discretionary authority to suspend or revoke
24		license or permit; right to a hearing.
25		(a) The Secretary of State is authorized to suspend or

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1		revoke the driving privileges of any person without
2		preliminary hearing upon a showing of the person's records or
3		other sufficient evidence that the person:
4		1. Has committed an offense for which mandatory
5		revocation of a driver's license or permit is required
6		upon conviction;
7		2. Has been convicted of not less than 3 offenses
8		against traffic regulations governing the movement of
9		vehicles committed within any 12-month 12 month period. No
10		revocation or suspension shall be entered more than 6
11		months after the date of last conviction;
12		3. Has been repeatedly involved as a driver in motor
13		vehicle collisions or has been repeatedly convicted of
14		offenses against laws and ordinances regulating the
15		movement of traffic, to a degree that indicates lack of
16		ability to exercise ordinary and reasonable care in the
17		safe operation of a motor vehicle or disrespect for the
18		traffic laws and the safety of other persons upon the
19		highway;
20		4. Has by the unlawful operation of a motor vehicle
21		caused or contributed to an accident resulting in injury
22		requiring immediate professional treatment in a medical
23		facility or doctor's office to any person, except that any
24		suspension or revocation imposed by the Secretary of State
25		under the provisions of this subsection shall start no
26		later than 6 months after being convicted of violating a

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1		law or ordinance regulating the movement of traffic, which
2		violation is related to the accident, or shall start not
3		more than one year after the date of the accident,
4		whichever date occurs later;
5		5. Has permitted an unlawful or fraudulent use of a
6		driver's license, identification card, or permit;
7		6. Has been lawfully convicted of an offense or
8		offenses in another state, including the authorization
9		contained in Section 6-203.1, which if committed within
10		this State would be grounds for suspension or revocation;
11		7. Has refused or failed to submit to an examination
12		provided for by Section 6-207 or has failed to pass the
13		examination;
14		8. Is ineligible for a driver's license or permit
15		under the provisions of Section 6-103;
16		9. Has made a false statement or knowingly concealed a
17		material fact or has used false information or
18		identification in any application for a license,
19		identification card, or permit;
20		10. Has possessed, displayed, or attempted to
21		fraudulently use any license, identification card, or
22		permit not issued to the person;
23		11. Has operated a motor vehicle upon a highway of
24		this State when the person's driving privilege or
25		privilege to obtain a driver's license or permit was
26		revoked or suspended unless the operation was authorized

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1		by a monitoring device driving permit, judicial driving
2		permit issued prior to January 1, 2009, probationary
3		license to drive, or a restricted driving permit issued
4		under this Code;
5		12. Has submitted to any portion of the application
6		process for another person or has obtained the services of
7		another person to submit to any portion of the application
8		process for the purpose of obtaining a license,
9		identification card, or permit for some other person;
10		13. Has operated a motor vehicle upon a highway of
11		this State when the person's driver's license or permit
12		was invalid under the provisions of Sections 6-107.1 and
13		6-110;
14		14. Has committed a violation of Section 6-301,
15		6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
16		14B of the Illinois Identification Card Act;
17		15. Has been convicted of violating Section 21-2 of
18		the Criminal Code of 1961 or the Criminal Code of 2012
19		relating to criminal trespass to vehicles if the person
20		exercised actual physical control over the vehicle during
21		the commission of the offense, in which case the
22		suspension shall be for one year;
23		16. Has been convicted of violating Section 11-204 of
24		this Code relating to fleeing from a peace officer;
25		17. Has refused to submit to a test, or tests, as
26		required under Section 11-501.1 of this Code and the

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1		person has not sought a hearing as provided for in Section
2		11-501.1;
3		18. (Blank);
4		19. Has committed a violation of paragraph (a) or (b)
5		of Section 6-101 relating to driving without a driver's
6		license;
7		20. Has been convicted of violating Section 6-104
8		relating to classification of driver's license;
9		21. Has been convicted of violating Section 11-402 of
10		this Code relating to leaving the scene of an accident
11		resulting in damage to a vehicle in excess of $1,000, in
12		which case the suspension shall be for one year;
13		22. Has used a motor vehicle in violating paragraph
14		(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
15		the Criminal Code of 1961 or the Criminal Code of 2012
16		relating to unlawful use of weapons, in which case the
17		suspension shall be for one year;
18		23. Has, as a driver, been convicted of committing a
19		violation of paragraph (a) of Section 11-502 of this Code
20		for a second or subsequent time within one year of a
21		similar violation;
22		24. Has been convicted by a court-martial or punished
23		by non-judicial punishment by military authorities of the
24		United States at a military installation in Illinois or in
25		another state of or for a traffic-related traffic related
26		offense that is the same as or similar to an offense

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1		specified under Section 6-205 or 6-206 of this Code;
2		25. Has permitted any form of identification to be
3		used by another in the application process in order to
4		obtain or attempt to obtain a license, identification
5		card, or permit;
6		26. Has altered or attempted to alter a license or has
7		possessed an altered license, identification card, or
8		permit;
9		27. (Blank);
10		28. Has been convicted for a first time of the illegal
11		possession, while operating or in actual physical control,
12		as a driver, of a motor vehicle, of any controlled
13		substance prohibited under the Illinois Controlled
14		Substances Act, any cannabis prohibited under the Cannabis
15		Control Act, or any methamphetamine prohibited under the
16		Methamphetamine Control and Community Protection Act, in
17		which case the person's driving privileges shall be
18		suspended for one year. Any defendant found guilty of this
19		offense while operating a motor vehicle, shall have an
20		entry made in the court record by the presiding judge that
21		this offense did occur while the defendant was operating a
22		motor vehicle and order the clerk of the court to report
23		the violation to the Secretary of State;
24		29. Has been convicted of the following offenses that
25		were committed while the person was operating or in actual
26		physical control, as a driver, of a motor vehicle:

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1		criminal sexual assault, predatory criminal sexual assault
2		of a child, aggravated criminal sexual assault, criminal
3		sexual abuse, aggravated criminal sexual abuse, juvenile
4		pimping, soliciting for a juvenile prostitute, promoting
5		juvenile prostitution as described in subdivision (a)(1),
6		(a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
7		of 1961 or the Criminal Code of 2012, and the manufacture,
8		sale or delivery of controlled substances or instruments
9		used for illegal drug use or abuse in which case the
10		driver's driving privileges shall be suspended for one
11		year;
12		30. Has been convicted a second or subsequent time for
13		any combination of the offenses named in paragraph 29 of
14		this subsection, in which case the person's driving
15		privileges shall be suspended for 5 years;
16		31. Has refused to submit to a test as required by
17		Section 11-501.6 of this Code or Section 5-16c of the Boat
18		Registration and Safety Act or has submitted to a test
19		resulting in an alcohol concentration of 0.08 or more or
20		any amount of a drug, substance, or compound resulting
21		from the unlawful use or consumption of cannabis as listed
22		in the Cannabis Control Act, a controlled substance as
23		listed in the Illinois Controlled Substances Act, an
24		intoxicating compound as listed in the Use of Intoxicating
25		Compounds Act, or methamphetamine as listed in the
26		Methamphetamine Control and Community Protection Act, in

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1		which case the penalty shall be as prescribed in Section
2		6-208.1;
3		32. Has been convicted of Section 24-1.2 of the
4		Criminal Code of 1961 or the Criminal Code of 2012
5		relating to the aggravated discharge of a firearm if the
6		offender was located in a motor vehicle at the time the
7		firearm was discharged, in which case the suspension shall
8		be for 3 years;
9		33. Has as a driver, who was less than 21 years of age
10		on the date of the offense, been convicted a first time of
11		a violation of paragraph (a) of Section 11-502 of this
12		Code or a similar provision of a local ordinance;
13		34. Has committed a violation of Section 11-1301.5 of
14		this Code or a similar provision of a local ordinance;
15		35. Has committed a violation of Section 11-1301.6 of
16		this Code or a similar provision of a local ordinance;
17		36. Is under the age of 21 years at the time of arrest
18		and has been convicted of not less than 2 offenses against
19		traffic regulations governing the movement of vehicles
20		committed within any 24-month 24 month period. No
21		revocation or suspension shall be entered more than 6
22		months after the date of last conviction;
23		37. Has committed a violation of subsection (c) of
24		Section 11-907 of this Code that resulted in damage to the
25		property of another or the death or injury of another;
26		38. Has been convicted of a violation of Section 6-20

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1		of the Liquor Control Act of 1934 or a similar provision of
2		a local ordinance and the person was an occupant of a motor
3		vehicle at the time of the violation;
4		39. Has committed a second or subsequent violation of
5		Section 11-1201 of this Code;
6		40. Has committed a violation of subsection (a-1) of
7		Section 11-908 of this Code;
8		41. Has committed a second or subsequent violation of
9		Section 11-605.1 of this Code, a similar provision of a
10		local ordinance, or a similar violation in any other state
11		within 2 years of the date of the previous violation, in
12		which case the suspension shall be for 90 days;
13		42. Has committed a violation of subsection (a-1) of
14		Section 11-1301.3 of this Code or a similar provision of a
15		local ordinance;
16		43. Has received a disposition of court supervision
17		for a violation of subsection (a), (d), or (e) of Section
18		6-20 of the Liquor Control Act of 1934 or a similar
19		provision of a local ordinance and the person was an
20		occupant of a motor vehicle at the time of the violation,
21		in which case the suspension shall be for a period of 3
22		months;
23		44. Is under the age of 21 years at the time of arrest
24		and has been convicted of an offense against traffic
25		regulations governing the movement of vehicles after
26		having previously had his or her driving privileges

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1		suspended or revoked pursuant to subparagraph 36 of this
2		Section;
3		45. Has, in connection with or during the course of a
4		formal hearing conducted under Section 2-118 of this Code:
5		(i) committed perjury; (ii) submitted fraudulent or
6		falsified documents; (iii) submitted documents that have
7		been materially altered; or (iv) submitted, as his or her
8		own, documents that were in fact prepared or composed for
9		another person;
10		46. Has committed a violation of subsection (j) of
11		Section 3-413 of this Code;
12		47. Has committed a violation of subsection (a) of
13		Section 11-502.1 of this Code;
14		48. Has submitted a falsified or altered medical
15		examiner's certificate to the Secretary of State or
16		provided false information to obtain a medical examiner's
17		certificate; or
18		49. Has committed a violation of subsection (b-5) of
19		Section 12-610.2 that resulted in great bodily harm,
20		permanent disability, or disfigurement, in which case the
21		driving privileges shall be suspended for 12 months; or .
22		50. 49. Has been convicted of a violation of Section
23		11-1002 or 11-1002.5 that resulted in a Type A injury to
24		another, in which case the person's driving privileges
25		shall be suspended for 12 months.
26		For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,

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1		and 27 of this subsection, license means any driver's license,
2		any traffic ticket issued when the person's driver's license
3		is deposited in lieu of bail, a suspension notice issued by the
4		Secretary of State, a duplicate or corrected driver's license,
5		a probationary driver's license, or a temporary driver's
6		license.
7		(b) If any conviction forming the basis of a suspension or
8		revocation authorized under this Section is appealed, the
9		Secretary of State may rescind or withhold the entry of the
10		order of suspension or revocation, as the case may be,
11		provided that a certified copy of a stay order of a court is
12		filed with the Secretary of State. If the conviction is
13		affirmed on appeal, the date of the conviction shall relate
14		back to the time the original judgment of conviction was
15		entered and the 6-month 6 month limitation prescribed shall
16		not apply.
17		(c) 1. Upon suspending or revoking the driver's license or
18		permit of any person as authorized in this Section, the
19		Secretary of State shall immediately notify the person in
20		writing of the revocation or suspension. The notice to be
21		deposited in the United States mail, postage prepaid, to the
22		last known address of the person.
23		2. If the Secretary of State suspends the driver's license
24		of a person under subsection 2 of paragraph (a) of this
25		Section, a person's privilege to operate a vehicle as an
26		occupation shall not be suspended, provided an affidavit is

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1		properly completed, the appropriate fee received, and a permit
2		issued prior to the effective date of the suspension, unless 5
3		offenses were committed, at least 2 of which occurred while
4		operating a commercial vehicle in connection with the driver's
5		regular occupation. All other driving privileges shall be
6		suspended by the Secretary of State. Any driver prior to
7		operating a vehicle for occupational purposes only must submit
8		the affidavit on forms to be provided by the Secretary of State
9		setting forth the facts of the person's occupation. The
10		affidavit shall also state the number of offenses committed
11		while operating a vehicle in connection with the driver's
12		regular occupation. The affidavit shall be accompanied by the
13		driver's license. Upon receipt of a properly completed
14		affidavit, the Secretary of State shall issue the driver a
15		permit to operate a vehicle in connection with the driver's
16		regular occupation only. Unless the permit is issued by the
17		Secretary of State prior to the date of suspension, the
18		privilege to drive any motor vehicle shall be suspended as set
19		forth in the notice that was mailed under this Section. If an
20		affidavit is received subsequent to the effective date of this
21		suspension, a permit may be issued for the remainder of the
22		suspension period.
23		The provisions of this subparagraph shall not apply to any
24		driver required to possess a CDL for the purpose of operating a
25		commercial motor vehicle.
26		Any person who falsely states any fact in the affidavit

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1		required herein shall be guilty of perjury under Section 6-302
2		and upon conviction thereof shall have all driving privileges
3		revoked without further rights.
4		3. At the conclusion of a hearing under Section 2-118 of
5		this Code, the Secretary of State shall either rescind or
6		continue an order of revocation or shall substitute an order
7		of suspension; or, good cause appearing therefor, rescind,
8		continue, change, or extend the order of suspension. If the
9		Secretary of State does not rescind the order, the Secretary
10		may upon application, to relieve undue hardship (as defined by
11		the rules of the Secretary of State), issue a restricted
12		driving permit granting the privilege of driving a motor
13		vehicle between the petitioner's residence and petitioner's
14		place of employment or within the scope of the petitioner's
15		employment-related employment related duties, or to allow the
16		petitioner to transport himself or herself, or a family member
17		of the petitioner's household to a medical facility, to
18		receive necessary medical care, to allow the petitioner to
19		transport himself or herself to and from alcohol or drug
20		remedial or rehabilitative activity recommended by a licensed
21		service provider, or to allow the petitioner to transport
22		himself or herself or a family member of the petitioner's
23		household to classes, as a student, at an accredited
24		educational institution, or to allow the petitioner to
25		transport children, elderly persons, or persons with
26		disabilities who do not hold driving privileges and are living

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1		in the petitioner's household to and from daycare. The
2		petitioner must demonstrate that no alternative means of
3		transportation is reasonably available and that the petitioner
4		will not endanger the public safety or welfare.
5		(A) If a person's license or permit is revoked or
6		suspended due to 2 or more convictions of violating
7		Section 11-501 of this Code or a similar provision of a
8		local ordinance or a similar out-of-state offense, or
9		Section 9-3 of the Criminal Code of 1961 or the Criminal
10		Code of 2012, where the use of alcohol or other drugs is
11		recited as an element of the offense, or a similar
12		out-of-state offense, or a combination of these offenses,
13		arising out of separate occurrences, that person, if
14		issued a restricted driving permit, may not operate a
15		vehicle unless it has been equipped with an ignition
16		interlock device as defined in Section 1-129.1.
17		(B) If a person's license or permit is revoked or
18		suspended 2 or more times due to any combination of:
19		(i) a single conviction of violating Section
20		11-501 of this Code or a similar provision of a local
21		ordinance or a similar out-of-state offense or Section
22		9-3 of the Criminal Code of 1961 or the Criminal Code
23		of 2012, where the use of alcohol or other drugs is
24		recited as an element of the offense, or a similar
25		out-of-state offense; or
26		(ii) a statutory summary suspension or revocation

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1		under Section 11-501.1; or
2		(iii) a suspension under Section 6-203.1;
3		arising out of separate occurrences; that person, if
4		issued a restricted driving permit, may not operate a
5		vehicle unless it has been equipped with an ignition
6		interlock device as defined in Section 1-129.1.
7		(B-5) If a person's license or permit is revoked or
8		suspended due to a conviction for a violation of
9		subparagraph (C) or (F) of paragraph (1) of subsection (d)
10		of Section 11-501 of this Code, or a similar provision of a
11		local ordinance or similar out-of-state offense, that
12		person, if issued a restricted driving permit, may not
13		operate a vehicle unless it has been equipped with an
14		ignition interlock device as defined in Section 1-129.1.
15		(C) The person issued a permit conditioned upon the
16		use of an ignition interlock device must pay to the
17		Secretary of State DUI Administration Fund an amount not
18		to exceed $30 per month. The Secretary shall establish by
19		rule the amount and the procedures, terms, and conditions
20		relating to these fees.
21		(D) If the restricted driving permit is issued for
22		employment purposes, then the prohibition against
23		operating a motor vehicle that is not equipped with an
24		ignition interlock device does not apply to the operation
25		of an occupational vehicle owned or leased by that
26		person's employer when used solely for employment

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1		purposes. For any person who, within a 5-year period, is
2		convicted of a second or subsequent offense under Section
3		11-501 of this Code, or a similar provision of a local
4		ordinance or similar out-of-state offense, this employment
5		exemption does not apply until either a one-year period
6		has elapsed during which that person had his or her
7		driving privileges revoked or a one-year period has
8		elapsed during which that person had a restricted driving
9		permit which required the use of an ignition interlock
10		device on every motor vehicle owned or operated by that
11		person.
12		(E) In each case the Secretary may issue a restricted
13		driving permit for a period deemed appropriate, except
14		that all permits shall expire no later than 2 years from
15		the date of issuance. A restricted driving permit issued
16		under this Section shall be subject to cancellation,
17		revocation, and suspension by the Secretary of State in
18		like manner and for like cause as a driver's license
19		issued under this Code may be cancelled, revoked, or
20		suspended; except that a conviction upon one or more
21		offenses against laws or ordinances regulating the
22		movement of traffic shall be deemed sufficient cause for
23		the revocation, suspension, or cancellation of a
24		restricted driving permit. The Secretary of State may, as
25		a condition to the issuance of a restricted driving
26		permit, require the applicant to participate in a

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1		designated driver remedial or rehabilitative program. The
2		Secretary of State is authorized to cancel a restricted
3		driving permit if the permit holder does not successfully
4		complete the program.
5		(F) A person subject to the provisions of paragraph 4
6		of subsection (b) of Section 6-208 of this Code may make
7		application for a restricted driving permit at a hearing
8		conducted under Section 2-118 of this Code after the
9		expiration of 5 years from the effective date of the most
10		recent revocation or after 5 years from the date of
11		release from a period of imprisonment resulting from a
12		conviction of the most recent offense, whichever is later,
13		provided the person, in addition to all other requirements
14		of the Secretary, shows by clear and convincing evidence:
15		(i) a minimum of 3 years of uninterrupted
16		abstinence from alcohol and the unlawful use or
17		consumption of cannabis under the Cannabis Control
18		Act, a controlled substance under the Illinois
19		Controlled Substances Act, an intoxicating compound
20		under the Use of Intoxicating Compounds Act, or
21		methamphetamine under the Methamphetamine Control and
22		Community Protection Act; and
23		(ii) the successful completion of any
24		rehabilitative treatment and involvement in any
25		ongoing rehabilitative activity that may be
26		recommended by a properly licensed service provider

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1		according to an assessment of the person's alcohol or
2		drug use under Section 11-501.01 of this Code.
3		In determining whether an applicant is eligible for a
4		restricted driving permit under this subparagraph (F), the
5		Secretary may consider any relevant evidence, including,
6		but not limited to, testimony, affidavits, records, and
7		the results of regular alcohol or drug tests. Persons
8		subject to the provisions of paragraph 4 of subsection (b)
9		of Section 6-208 of this Code and who have been convicted
10		of more than one violation of paragraph (3), paragraph
11		(4), or paragraph (5) of subsection (a) of Section 11-501
12		of this Code shall not be eligible to apply for a
13		restricted driving permit under this subparagraph (F).
14		A restricted driving permit issued under this
15		subparagraph (F) shall provide that the holder may only
16		operate motor vehicles equipped with an ignition interlock
17		device as required under paragraph (2) of subsection (c)
18		of Section 6-205 of this Code and subparagraph (A) of
19		paragraph 3 of subsection (c) of this Section. The
20		Secretary may revoke a restricted driving permit or amend
21		the conditions of a restricted driving permit issued under
22		this subparagraph (F) if the holder operates a vehicle
23		that is not equipped with an ignition interlock device, or
24		for any other reason authorized under this Code.
25		A restricted driving permit issued under this
26		subparagraph (F) shall be revoked, and the holder barred

SB2435 Enrolled - 1702 - LRB102 04062 AMC 14078 b
1		from applying for or being issued a restricted driving
2		permit in the future, if the holder is convicted of a
3		violation of Section 11-501 of this Code, a similar
4		provision of a local ordinance, or a similar offense in
5		another state.
6		(c-3) In the case of a suspension under paragraph 43 of
7		subsection (a), reports received by the Secretary of State
8		under this Section shall, except during the actual time the
9		suspension is in effect, be privileged information and for use
10		only by the courts, police officers, prosecuting authorities,
11		the driver licensing administrator of any other state, the
12		Secretary of State, or the parent or legal guardian of a driver
13		under the age of 18. However, beginning January 1, 2008, if the
14		person is a CDL holder, the suspension shall also be made
15		available to the driver licensing administrator of any other
16		state, the U.S. Department of Transportation, and the affected
17		driver or motor carrier or prospective motor carrier upon
18		request.
19		(c-4) In the case of a suspension under paragraph 43 of
20		subsection (a), the Secretary of State shall notify the person
21		by mail that his or her driving privileges and driver's
22		license will be suspended one month after the date of the
23		mailing of the notice.
24		(c-5) The Secretary of State may, as a condition of the
25		reissuance of a driver's license or permit to an applicant
26		whose driver's license or permit has been suspended before he

SB2435 Enrolled - 1703 - LRB102 04062 AMC 14078 b
1		or she reached the age of 21 years pursuant to any of the
2		provisions of this Section, require the applicant to
3		participate in a driver remedial education course and be
4		retested under Section 6-109 of this Code.
5		(d) This Section is subject to the provisions of the
6		Driver Drivers License Compact.
7		(e) The Secretary of State shall not issue a restricted
8		driving permit to a person under the age of 16 years whose
9		driving privileges have been suspended or revoked under any
10		provisions of this Code.
11		(f) In accordance with 49 C.F.R. 384, the Secretary of
12		State may not issue a restricted driving permit for the
13		operation of a commercial motor vehicle to a person holding a
14		CDL whose driving privileges have been suspended, revoked,
15		cancelled, or disqualified under any provisions of this Code.
16		(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20;
17		101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-4-21.)
18		(625 ILCS 5/6-209.1)
19		Sec. 6-209.1. Restoration of driving privileges;
20		revocation; suspension; cancellation. The Secretary shall
21		rescind the suspension or cancellation of a person's driver's
22		license that has been suspended or canceled before July 1,
23		2020 (the effective date of Public Act 101-623) this
24		amendatory Act of the 101st General Assembly due to:
25		(1) the person being convicted of theft of motor fuel

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1		under Section Sections 16-25 or 16K-15 of the Criminal
2		Code of 1961 or the Criminal Code of 2012;
3		(2) the person, since the issuance of the driver's
4		license, being adjudged to be afflicted with or suffering
5		from any mental disability or disease;
6		(3) a violation of Section 6-16 of the Liquor Control
7		Act of 1934 or a similar provision of a local ordinance;
8		(4) the person being convicted of a violation of
9		Section 6-20 of the Liquor Control Act of 1934 or a similar
10		provision of a local ordinance, if the person presents a
11		certified copy of a court order that includes a finding
12		that the person was not an occupant of a motor vehicle at
13		the time of the violation;
14		(5) the person receiving a disposition of court
15		supervision for a violation of subsection subsections (a),
16		(d), or (e) of Section 6-20 of the Liquor Control Act of
17		1934 or a similar provision of a local ordinance, if the
18		person presents a certified copy of a court order that
19		includes a finding that the person was not an occupant of a
20		motor vehicle at the time of the violation;
21		(6) the person failing to pay any fine or penalty due
22		or owing as a result of 10 or more violations of a
23		municipality's or county's vehicular standing, parking, or
24		compliance regulations established by ordinance under
25		Section 11-208.3 of this Code;
26		(7) the person failing to satisfy any fine or penalty

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1		resulting from a final order issued by the Illinois State
2		Toll Highway Authority relating directly or indirectly to
3		5 or more toll violations, toll evasions, or both;
4		(8) the person being convicted of a violation of
5		Section 4-102 of this Code, if the person presents a
6		certified copy of a court order that includes a finding
7		that the person did not exercise actual physical control
8		of the vehicle at the time of the violation; or
9		(9) the person being convicted of criminal trespass to
10		vehicles under Section 21-2 of the Criminal Code of 2012,
11		if the person presents a certified copy of a court order
12		that includes a finding that the person did not exercise
13		actual physical control of the vehicle at the time of the
14		violation.
15		(Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
16		(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
17		Sec. 6-306.5. Failure to pay fine or penalty for standing,
18		parking, compliance, automated speed enforcement system, or
19		automated traffic law violations; suspension of driving
20		privileges.
21		(a) Upon receipt of a certified report, as prescribed by
22		subsection (c) of this Section, from any municipality or
23		county stating that the owner of a registered vehicle has
24		failed to pay any fine or penalty due and owing as a result of
25		5 offenses for automated speed enforcement system violations

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1		or automated traffic violations as defined in Sections
2		11-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination
3		thereof, or (3) is more than 14 days in default of a payment
4		plan pursuant to which a suspension had been terminated under
5		subsection (c) of this Section, the Secretary of State shall
6		suspend the driving privileges of such person in accordance
7		with the procedures set forth in this Section. The Secretary
8		shall also suspend the driving privileges of an owner of a
9		registered vehicle upon receipt of a certified report, as
10		prescribed by subsection (f) of this Section, from any
11		municipality or county stating that such person has failed to
12		satisfy any fines or penalties imposed by final judgments for
13		5 or more automated speed enforcement system or automated
14		traffic law violations, or combination thereof, after
15		exhaustion of judicial review procedures.
16		(b) Following receipt of the certified report of the
17		municipality or county as specified in this Section, the
18		Secretary of State shall notify the person whose name appears
19		on the certified report that the person's driver's drivers
20		license will be suspended at the end of a specified period of
21		time unless the Secretary of State is presented with a notice
22		from the municipality or county certifying that the fine or
23		penalty due and owing the municipality or county has been paid
24		or that inclusion of that person's name on the certified
25		report was in error. The Secretary's notice shall state in
26		substance the information contained in the municipality's or

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1		county's certified report to the Secretary, and shall be
2		effective as specified by subsection (c) of Section 6-211 of
3		this Code.
4		(c) The report of the appropriate municipal or county
5		official notifying the Secretary of State of unpaid fines or
6		penalties pursuant to this Section shall be certified and
7		shall contain the following:
8		(1) The name, last known address as recorded with the
9		Secretary of State, as provided by the lessor of the cited
10		vehicle at the time of lease, or as recorded in a United
11		States Post Office approved database if any notice sent
12		under Section 11-208.3 of this Code is returned as
13		undeliverable, and driver's drivers license number of the
14		person who failed to pay the fine or penalty or who has
15		defaulted in a payment plan and the registration number of
16		any vehicle known to be registered to such person in this
17		State.
18		(2) The name of the municipality or county making the
19		report pursuant to this Section.
20		(3) A statement that the municipality or county sent a
21		notice of impending driver's drivers license suspension as
22		prescribed by ordinance enacted pursuant to Section
23		11-208.3 of this Code or a notice of default in a payment
24		plan, to the person named in the report at the address
25		recorded with the Secretary of State or at the last
26		address known to the lessor of the cited vehicle at the

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1		time of lease or, if any notice sent under Section
2		11-208.3 of this Code is returned as undeliverable, at the
3		last known address recorded in a United States Post Office
4		approved database; the date on which such notice was sent;
5		and the address to which such notice was sent. In a
6		municipality or county with a population of 1,000,000 or
7		more, the report shall also include a statement that the
8		alleged violator's State vehicle registration number and
9		vehicle make, if specified on the automated speed
10		enforcement system violation or automated traffic law
11		violation notice, are correct as they appear on the
12		citations.
13		(4) A unique identifying reference number for each
14		request of suspension sent whenever a person has failed to
15		pay the fine or penalty or has defaulted on a payment plan.
16		(d) Any municipality or county making a certified report
17		to the Secretary of State pursuant to this Section shall
18		notify the Secretary of State, in a form prescribed by the
19		Secretary, whenever a person named in the certified report has
20		paid the previously reported fine or penalty, whenever a
21		person named in the certified report has entered into a
22		payment plan pursuant to which the municipality or county has
23		agreed to terminate the suspension, or whenever the
24		municipality or county determines that the original report was
25		in error. A certified copy of such notification shall also be
26		given upon request and at no additional charge to the person

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1		named therein. Upon receipt of the municipality's or county's
2		notification or presentation of a certified copy of such
3		notification, the Secretary of State shall terminate the
4		suspension.
5		(e) Any municipality or county making a certified report
6		to the Secretary of State pursuant to this Section shall also
7		by ordinance establish procedures for persons to challenge the
8		accuracy of the certified report. The ordinance shall also
9		state the grounds for such a challenge, which may be limited to
10		(1) the person not having been the owner or lessee of the
11		vehicle or vehicles receiving a combination of 5 or more
12		automated speed enforcement system or automated traffic law
13		violations on the date or dates such notices were issued; and
14		(2) the person having already paid the fine or penalty for the
15		combination of 5 or more automated speed enforcement system or
16		automated traffic law violations indicated on the certified
17		report.
18		(f) Any municipality or county, other than a municipality
19		or county establishing automated speed enforcement system
20		regulations under Section 11-208.8, or automated traffic law
21		regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
22		may also cause a suspension of a person's driver's drivers
23		license pursuant to this Section. Such municipality or county
24		may invoke this sanction by making a certified report to the
25		Secretary of State upon a person's failure to satisfy any fine
26		or penalty imposed by final judgment for a combination of 5 or

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1		more automated speed enforcement system or automated traffic
2		law violations after exhaustion of judicial review procedures,
3		but only if:
4		(1) the municipality or county complies with the
5		provisions of this Section in all respects except in
6		regard to enacting an ordinance pursuant to Section
7		11-208.3;
8		(2) the municipality or county has sent a notice of
9		impending driver's drivers license suspension as
10		prescribed by an ordinance enacted pursuant to subsection
11		(g) of this Section; and
12		(3) in municipalities or counties with a population of
13		1,000,000 or more, the municipality or county has verified
14		that the alleged violator's State vehicle registration
15		number and vehicle make are correct as they appear on the
16		citations.
17		(g) Any municipality or county, other than a municipality
18		or county establishing automated speed enforcement system
19		regulations under Section 11-208.8, or automated traffic law
20		regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
21		may provide by ordinance for the sending of a notice of
22		impending driver's drivers license suspension to the person
23		who has failed to satisfy any fine or penalty imposed by final
24		judgment for a combination of 5 or more automated speed
25		enforcement system or automated traffic law violations after
26		exhaustion of judicial review procedures. An ordinance so

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1		providing shall specify that the notice sent to the person
2		liable for any fine or penalty shall state that failure to pay
3		the fine or penalty owing within 45 days of the notice's date
4		will result in the municipality or county notifying the
5		Secretary of State that the person's driver's drivers license
6		is eligible for suspension pursuant to this Section. The
7		notice of impending driver's drivers license suspension shall
8		be sent by first class United States mail, postage prepaid, to
9		the address recorded with the Secretary of State or at the last
10		address known to the lessor of the cited vehicle at the time of
11		lease or, if any notice sent under Section 11-208.3 of this
12		Code is returned as undeliverable, to the last known address
13		recorded in a United States Post Office approved database.
14		(h) An administrative hearing to contest an impending
15		suspension or a suspension made pursuant to this Section may
16		be had upon filing a written request with the Secretary of
17		State. The filing fee for this hearing shall be $20, to be paid
18		at the time the request is made. A municipality or county which
19		files a certified report with the Secretary of State pursuant
20		to this Section shall reimburse the Secretary for all
21		reasonable costs incurred by the Secretary as a result of the
22		filing of the report, including, but not limited to, the costs
23		of providing the notice required pursuant to subsection (b)
24		and the costs incurred by the Secretary in any hearing
25		conducted with respect to the report pursuant to this
26		subsection and any appeal from such a hearing.

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1		(i) The provisions of this Section shall apply on and
2		after January 1, 1988.
3		(j) For purposes of this Section, the term "compliance
4		violation" is defined as in Section 11-208.3.
5		(Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
6		(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
7		Sec. 11-208.3. Administrative adjudication of violations
8		of traffic regulations concerning the standing, parking, or
9		condition of vehicles, automated traffic law violations, and
10		automated speed enforcement system violations.
11		(a) Any municipality or county may provide by ordinance
12		for a system of administrative adjudication of vehicular
13		standing and parking violations and vehicle compliance
14		violations as described in this subsection, automated traffic
15		law violations as defined in Section 11-208.6, 11-208.9, or
16		11-1201.1, and automated speed enforcement system violations
17		as defined in Section 11-208.8. The administrative system
18		shall have as its purpose the fair and efficient enforcement
19		of municipal or county regulations through the administrative
20		adjudication of automated speed enforcement system or
21		automated traffic law violations and violations of municipal
22		or county ordinances regulating the standing and parking of
23		vehicles, the condition and use of vehicle equipment, and the
24		display of municipal or county wheel tax licenses within the
25		municipality's or county's borders. The administrative system

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1		shall only have authority to adjudicate civil offenses
2		carrying fines not in excess of $500 or requiring the
3		completion of a traffic education program, or both, that occur
4		after the effective date of the ordinance adopting such a
5		system under this Section. For purposes of this Section,
6		"compliance violation" means a violation of a municipal or
7		county regulation governing the condition or use of equipment
8		on a vehicle or governing the display of a municipal or county
9		wheel tax license.
10		(b) Any ordinance establishing a system of administrative
11		adjudication under this Section shall provide for:
12		(1) A traffic compliance administrator authorized to
13		adopt, distribute, and process parking, compliance, and
14		automated speed enforcement system or automated traffic
15		law violation notices and other notices required by this
16		Section, collect money paid as fines and penalties for
17		violation of parking and compliance ordinances and
18		automated speed enforcement system or automated traffic
19		law violations, and operate an administrative adjudication
20		system. The traffic compliance administrator also may make
21		a certified report to the Secretary of State under Section
22		6-306.5.
23		(2) A parking, standing, compliance, automated speed
24		enforcement system, or automated traffic law violation
25		notice that shall specify or include the date, time, and
26		place of violation of a parking, standing, compliance,

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1		automated speed enforcement system, or automated traffic
2		law regulation; the particular regulation violated; any
3		requirement to complete a traffic education program; the
4		fine and any penalty that may be assessed for late payment
5		or failure to complete a required traffic education
6		program, or both, when so provided by ordinance; the
7		vehicle make or a photograph of the vehicle; the state
8		registration number of the vehicle; and the identification
9		number of the person issuing the notice. With regard to
10		automated speed enforcement system or automated traffic
11		law violations, vehicle make shall be specified on the
12		automated speed enforcement system or automated traffic
13		law violation notice if the notice does not include a
14		photograph of the vehicle and the make is available and
15		readily discernible. With regard to municipalities or
16		counties with a population of 1 million or more, it shall
17		be grounds for dismissal of a parking violation if the
18		state registration number or vehicle make specified is
19		incorrect. The violation notice shall state that the
20		completion of any required traffic education program, the
21		payment of any indicated fine, and the payment of any
22		applicable penalty for late payment or failure to complete
23		a required traffic education program, or both, shall
24		operate as a final disposition of the violation. The
25		notice also shall contain information as to the
26		availability of a hearing in which the violation may be

SB2435 Enrolled - 1715 - LRB102 04062 AMC 14078 b
1		contested on its merits. The violation notice shall
2		specify the time and manner in which a hearing may be had.
3		(3) Service of a parking, standing, or compliance
4		violation notice by: (i) affixing the original or a
5		facsimile of the notice to an unlawfully parked or
6		standing vehicle; (ii) handing the notice to the operator
7		of a vehicle if he or she is present; or (iii) mailing the
8		notice to the address of the registered owner or lessee of
9		the cited vehicle as recorded with the Secretary of State
10		or the lessor of the motor vehicle within 30 days after the
11		Secretary of State or the lessor of the motor vehicle
12		notifies the municipality or county of the identity of the
13		owner or lessee of the vehicle, but not later than 90 days
14		after the date of the violation, except that in the case of
15		a lessee of a motor vehicle, service of a parking,
16		standing, or compliance violation notice may occur no
17		later than 210 days after the violation; and service of an
18		automated speed enforcement system or automated traffic
19		law violation notice by mail to the address of the
20		registered owner or lessee of the cited vehicle as
21		recorded with the Secretary of State or the lessor of the
22		motor vehicle within 30 days after the Secretary of State
23		or the lessor of the motor vehicle notifies the
24		municipality or county of the identity of the owner or
25		lessee of the vehicle, but not later than 90 days after the
26		violation, except that in the case of a lessee of a motor

SB2435 Enrolled - 1716 - LRB102 04062 AMC 14078 b
1		vehicle, service of an automated traffic law violation
2		notice may occur no later than 210 days after the
3		violation. A person authorized by ordinance to issue and
4		serve parking, standing, and compliance violation notices
5		shall certify as to the correctness of the facts entered
6		on the violation notice by signing his or her name to the
7		notice at the time of service or, in the case of a notice
8		produced by a computerized device, by signing a single
9		certificate to be kept by the traffic compliance
10		administrator attesting to the correctness of all notices
11		produced by the device while it was under his or her
12		control. In the case of an automated traffic law
13		violation, the ordinance shall require a determination by
14		a technician employed or contracted by the municipality or
15		county that, based on inspection of recorded images, the
16		motor vehicle was being operated in violation of Section
17		11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
18		the technician determines that the vehicle entered the
19		intersection as part of a funeral procession or in order
20		to yield the right-of-way to an emergency vehicle, a
21		citation shall not be issued. In municipalities with a
22		population of less than 1,000,000 inhabitants and counties
23		with a population of less than 3,000,000 inhabitants, the
24		automated traffic law ordinance shall require that all
25		determinations by a technician that a motor vehicle was
26		being operated in violation of Section 11-208.6, 11-208.9,

SB2435 Enrolled - 1717 - LRB102 04062 AMC 14078 b
1		or 11-1201.1 or a local ordinance must be reviewed and
2		approved by a law enforcement officer or retired law
3		enforcement officer of the municipality or county issuing
4		the violation. In municipalities with a population of
5		1,000,000 or more inhabitants and counties with a
6		population of 3,000,000 or more inhabitants, the automated
7		traffic law ordinance shall require that all
8		determinations by a technician that a motor vehicle was
9		being operated in violation of Section 11-208.6, 11-208.9,
10		or 11-1201.1 or a local ordinance must be reviewed and
11		approved by a law enforcement officer or retired law
12		enforcement officer of the municipality or county issuing
13		the violation or by an additional fully trained
14		fully-trained reviewing technician who is not employed by
15		the contractor who employs the technician who made the
16		initial determination. In the case of an automated speed
17		enforcement system violation, the ordinance shall require
18		a determination by a technician employed by the
19		municipality, based upon an inspection of recorded images,
20		video or other documentation, including documentation of
21		the speed limit and automated speed enforcement signage,
22		and documentation of the inspection, calibration, and
23		certification of the speed equipment, that the vehicle was
24		being operated in violation of Article VI of Chapter 11 of
25		this Code or a similar local ordinance. If the technician
26		determines that the vehicle speed was not determined by a

SB2435 Enrolled - 1718 - LRB102 04062 AMC 14078 b
1		calibrated, certified speed equipment device based upon
2		the speed equipment documentation, or if the vehicle was
3		an emergency vehicle, a citation may not be issued. The
4		automated speed enforcement ordinance shall require that
5		all determinations by a technician that a violation
6		occurred be reviewed and approved by a law enforcement
7		officer or retired law enforcement officer of the
8		municipality issuing the violation or by an additional
9		fully trained reviewing technician who is not employed by
10		the contractor who employs the technician who made the
11		initial determination. Routine and independent calibration
12		of the speeds produced by automated speed enforcement
13		systems and equipment shall be conducted annually by a
14		qualified technician. Speeds produced by an automated
15		speed enforcement system shall be compared with speeds
16		produced by lidar or other independent equipment. Radar or
17		lidar equipment shall undergo an internal validation test
18		no less frequently than once each week. Qualified
19		technicians shall test loop-based loop based equipment no
20		less frequently than once a year. Radar equipment shall be
21		checked for accuracy by a qualified technician when the
22		unit is serviced, when unusual or suspect readings
23		persist, or when deemed necessary by a reviewing
24		technician. Radar equipment shall be checked with the
25		internal frequency generator and the internal circuit test
26		whenever the radar is turned on. Technicians must be alert

SB2435 Enrolled - 1719 - LRB102 04062 AMC 14078 b
1		for any unusual or suspect readings, and if unusual or
2		suspect readings of a radar unit persist, that unit shall
3		immediately be removed from service and not returned to
4		service until it has been checked by a qualified
5		technician and determined to be functioning properly.
6		Documentation of the annual calibration results, including
7		the equipment tested, test date, technician performing the
8		test, and test results, shall be maintained and available
9		for use in the determination of an automated speed
10		enforcement system violation and issuance of a citation.
11		The technician performing the calibration and testing of
12		the automated speed enforcement equipment shall be trained
13		and certified in the use of equipment for speed
14		enforcement purposes. Training on the speed enforcement
15		equipment may be conducted by law enforcement, civilian,
16		or manufacturer's personnel and if applicable may be
17		equivalent to the equipment use and operations training
18		included in the Speed Measuring Device Operator Program
19		developed by the National Highway Traffic Safety
20		Administration (NHTSA). The vendor or technician who
21		performs the work shall keep accurate records on each
22		piece of equipment the technician calibrates and tests. As
23		used in this paragraph, "fully trained fully-trained
24		reviewing technician" means a person who has received at
25		least 40 hours of supervised training in subjects which
26		shall include image inspection and interpretation, the

SB2435 Enrolled - 1720 - LRB102 04062 AMC 14078 b
1		elements necessary to prove a violation, license plate
2		identification, and traffic safety and management. In all
3		municipalities and counties, the automated speed
4		enforcement system or automated traffic law ordinance
5		shall require that no additional fee shall be charged to
6		the alleged violator for exercising his or her right to an
7		administrative hearing, and persons shall be given at
8		least 25 days following an administrative hearing to pay
9		any civil penalty imposed by a finding that Section
10		11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
11		local ordinance has been violated. The original or a
12		facsimile of the violation notice or, in the case of a
13		notice produced by a computerized device, a printed record
14		generated by the device showing the facts entered on the
15		notice, shall be retained by the traffic compliance
16		administrator, and shall be a record kept in the ordinary
17		course of business. A parking, standing, compliance,
18		automated speed enforcement system, or automated traffic
19		law violation notice issued, signed, and served in
20		accordance with this Section, a copy of the notice, or the
21		computer-generated computer generated record shall be
22		prima facie correct and shall be prima facie evidence of
23		the correctness of the facts shown on the notice. The
24		notice, copy, or computer-generated computer generated
25		record shall be admissible in any subsequent
26		administrative or legal proceedings.

SB2435 Enrolled - 1721 - LRB102 04062 AMC 14078 b
1		(4) An opportunity for a hearing for the registered
2		owner of the vehicle cited in the parking, standing,
3		compliance, automated speed enforcement system, or
4		automated traffic law violation notice in which the owner
5		may contest the merits of the alleged violation, and
6		during which formal or technical rules of evidence shall
7		not apply; provided, however, that under Section 11-1306
8		of this Code the lessee of a vehicle cited in the violation
9		notice likewise shall be provided an opportunity for a
10		hearing of the same kind afforded the registered owner.
11		The hearings shall be recorded, and the person conducting
12		the hearing on behalf of the traffic compliance
13		administrator shall be empowered to administer oaths and
14		to secure by subpoena both the attendance and testimony of
15		witnesses and the production of relevant books and papers.
16		Persons appearing at a hearing under this Section may be
17		represented by counsel at their expense. The ordinance may
18		also provide for internal administrative review following
19		the decision of the hearing officer.
20		(5) Service of additional notices, sent by first class
21		United States mail, postage prepaid, to the address of the
22		registered owner of the cited vehicle as recorded with the
23		Secretary of State or, if any notice to that address is
24		returned as undeliverable, to the last known address
25		recorded in a United States Post Office approved database,
26		or, under Section 11-1306 or subsection (p) of Section

SB2435 Enrolled - 1722 - LRB102 04062 AMC 14078 b
1		11-208.6 or 11-208.9, or subsection (p) of Section
2		11-208.8 of this Code, to the lessee of the cited vehicle
3		at the last address known to the lessor of the cited
4		vehicle at the time of lease or, if any notice to that
5		address is returned as undeliverable, to the last known
6		address recorded in a United States Post Office approved
7		database. The service shall be deemed complete as of the
8		date of deposit in the United States mail. The notices
9		shall be in the following sequence and shall include, but
10		not be limited to, the information specified herein:
11		(i) A second notice of parking, standing, or
12		compliance violation if the first notice of the
13		violation was issued by affixing the original or a
14		facsimile of the notice to the unlawfully parked
15		vehicle or by handing the notice to the operator. This
16		notice shall specify or include the date and location
17		of the violation cited in the parking, standing, or
18		compliance violation notice, the particular regulation
19		violated, the vehicle make or a photograph of the
20		vehicle, the state registration number of the vehicle,
21		any requirement to complete a traffic education
22		program, the fine and any penalty that may be assessed
23		for late payment or failure to complete a traffic
24		education program, or both, when so provided by
25		ordinance, the availability of a hearing in which the
26		violation may be contested on its merits, and the time

SB2435 Enrolled - 1723 - LRB102 04062 AMC 14078 b
1		and manner in which the hearing may be had. The notice
2		of violation shall also state that failure to complete
3		a required traffic education program, to pay the
4		indicated fine and any applicable penalty, or to
5		appear at a hearing on the merits in the time and
6		manner specified, will result in a final determination
7		of violation liability for the cited violation in the
8		amount of the fine or penalty indicated, and that,
9		upon the occurrence of a final determination of
10		violation liability for the failure, and the
11		exhaustion of, or failure to exhaust, available
12		administrative or judicial procedures for review, any
13		incomplete traffic education program or any unpaid
14		fine or penalty, or both, will constitute a debt due
15		and owing the municipality or county.
16		(ii) A notice of final determination of parking,
17		standing, compliance, automated speed enforcement
18		system, or automated traffic law violation liability.
19		This notice shall be sent following a final
20		determination of parking, standing, compliance,
21		automated speed enforcement system, or automated
22		traffic law violation liability and the conclusion of
23		judicial review procedures taken under this Section.
24		The notice shall state that the incomplete traffic
25		education program or the unpaid fine or penalty, or
26		both, is a debt due and owing the municipality or

SB2435 Enrolled - 1724 - LRB102 04062 AMC 14078 b
1		county. The notice shall contain warnings that failure
2		to complete any required traffic education program or
3		to pay any fine or penalty due and owing the
4		municipality or county, or both, within the time
5		specified may result in the municipality's or county's
6		filing of a petition in the Circuit Court to have the
7		incomplete traffic education program or unpaid fine or
8		penalty, or both, rendered a judgment as provided by
9		this Section, or, where applicable, may result in
10		suspension of the person's driver's drivers license
11		for failure to complete a traffic education program or
12		to pay fines or penalties, or both, for 5 or more
13		automated traffic law violations under Section
14		11-208.6 or 11-208.9 or automated speed enforcement
15		system violations under Section 11-208.8.
16		(6) A notice of impending driver's drivers license
17		suspension. This notice shall be sent to the person liable
18		for failure to complete a required traffic education
19		program or to pay any fine or penalty that remains due and
20		owing, or both, on 5 or more unpaid automated speed
21		enforcement system or automated traffic law violations.
22		The notice shall state that failure to complete a required
23		traffic education program or to pay the fine or penalty
24		owing, or both, within 45 days of the notice's date will
25		result in the municipality or county notifying the
26		Secretary of State that the person is eligible for

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1		initiation of suspension proceedings under Section 6-306.5
2		of this Code. The notice shall also state that the person
3		may obtain a photostatic copy of an original ticket
4		imposing a fine or penalty by sending a self-addressed
5		self addressed, stamped envelope to the municipality or
6		county along with a request for the photostatic copy. The
7		notice of impending driver's drivers license suspension
8		shall be sent by first class United States mail, postage
9		prepaid, to the address recorded with the Secretary of
10		State or, if any notice to that address is returned as
11		undeliverable, to the last known address recorded in a
12		United States Post Office approved database.
13		(7) Final determinations of violation liability. A
14		final determination of violation liability shall occur
15		following failure to complete the required traffic
16		education program or to pay the fine or penalty, or both,
17		after a hearing officer's determination of violation
18		liability and the exhaustion of or failure to exhaust any
19		administrative review procedures provided by ordinance.
20		Where a person fails to appear at a hearing to contest the
21		alleged violation in the time and manner specified in a
22		prior mailed notice, the hearing officer's determination
23		of violation liability shall become final: (A) upon denial
24		of a timely petition to set aside that determination, or
25		(B) upon expiration of the period for filing the petition
26		without a filing having been made.

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1		(8) A petition to set aside a determination of
2		parking, standing, compliance, automated speed enforcement
3		system, or automated traffic law violation liability that
4		may be filed by a person owing an unpaid fine or penalty. A
5		petition to set aside a determination of liability may
6		also be filed by a person required to complete a traffic
7		education program. The petition shall be filed with and
8		ruled upon by the traffic compliance administrator in the
9		manner and within the time specified by ordinance. The
10		grounds for the petition may be limited to: (A) the person
11		not having been the owner or lessee of the cited vehicle on
12		the date the violation notice was issued, (B) the person
13		having already completed the required traffic education
14		program or paid the fine or penalty, or both, for the
15		violation in question, and (C) excusable failure to appear
16		at or request a new date for a hearing. With regard to
17		municipalities or counties with a population of 1 million
18		or more, it shall be grounds for dismissal of a parking
19		violation if the state registration number or vehicle
20		make, only if specified in the violation notice, is
21		incorrect. After the determination of parking, standing,
22		compliance, automated speed enforcement system, or
23		automated traffic law violation liability has been set
24		aside upon a showing of just cause, the registered owner
25		shall be provided with a hearing on the merits for that
26		violation.

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1		(9) Procedures for non-residents. Procedures by which
2		persons who are not residents of the municipality or
3		county may contest the merits of the alleged violation
4		without attending a hearing.
5		(10) A schedule of civil fines for violations of
6		vehicular standing, parking, compliance, automated speed
7		enforcement system, or automated traffic law regulations
8		enacted by ordinance pursuant to this Section, and a
9		schedule of penalties for late payment of the fines or
10		failure to complete required traffic education programs,
11		provided, however, that the total amount of the fine and
12		penalty for any one violation shall not exceed $250,
13		except as provided in subsection (c) of Section 11-1301.3
14		of this Code.
15		(11) Other provisions as are necessary and proper to
16		carry into effect the powers granted and purposes stated
17		in this Section.
18		(c) Any municipality or county establishing vehicular
19		standing, parking, compliance, automated speed enforcement
20		system, or automated traffic law regulations under this
21		Section may also provide by ordinance for a program of vehicle
22		immobilization for the purpose of facilitating enforcement of
23		those regulations. The program of vehicle immobilization shall
24		provide for immobilizing any eligible vehicle upon the public
25		way by presence of a restraint in a manner to prevent operation
26		of the vehicle. Any ordinance establishing a program of

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1		vehicle immobilization under this Section shall provide:
2		(1) Criteria for the designation of vehicles eligible
3		for immobilization. A vehicle shall be eligible for
4		immobilization when the registered owner of the vehicle
5		has accumulated the number of incomplete traffic education
6		programs or unpaid final determinations of parking,
7		standing, compliance, automated speed enforcement system,
8		or automated traffic law violation liability, or both, as
9		determined by ordinance.
10		(2) A notice of impending vehicle immobilization and a
11		right to a hearing to challenge the validity of the notice
12		by disproving liability for the incomplete traffic
13		education programs or unpaid final determinations of
14		parking, standing, compliance, automated speed enforcement
15		system, or automated traffic law violation liability, or
16		both, listed on the notice.
17		(3) The right to a prompt hearing after a vehicle has
18		been immobilized or subsequently towed without the
19		completion of the required traffic education program or
20		payment of the outstanding fines and penalties on parking,
21		standing, compliance, automated speed enforcement system,
22		or automated traffic law violations, or both, for which
23		final determinations have been issued. An order issued
24		after the hearing is a final administrative decision
25		within the meaning of Section 3-101 of the Code of Civil
26		Procedure.

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1		(4) A post immobilization and post-towing notice
2		advising the registered owner of the vehicle of the right
3		to a hearing to challenge the validity of the impoundment.
4		(d) Judicial review of final determinations of parking,
5		standing, compliance, automated speed enforcement system, or
6		automated traffic law violations and final administrative
7		decisions issued after hearings regarding vehicle
8		immobilization and impoundment made under this Section shall
9		be subject to the provisions of the Administrative Review Law.
10		(e) Any fine, penalty, incomplete traffic education
11		program, or part of any fine or any penalty remaining unpaid
12		after the exhaustion of, or the failure to exhaust,
13		administrative remedies created under this Section and the
14		conclusion of any judicial review procedures shall be a debt
15		due and owing the municipality or county and, as such, may be
16		collected in accordance with applicable law. Completion of any
17		required traffic education program and payment in full of any
18		fine or penalty resulting from a standing, parking,
19		compliance, automated speed enforcement system, or automated
20		traffic law violation shall constitute a final disposition of
21		that violation.
22		(f) After the expiration of the period within which
23		judicial review may be sought for a final determination of
24		parking, standing, compliance, automated speed enforcement
25		system, or automated traffic law violation, the municipality
26		or county may commence a proceeding in the Circuit Court for

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1		purposes of obtaining a judgment on the final determination of
2		violation. Nothing in this Section shall prevent a
3		municipality or county from consolidating multiple final
4		determinations of parking, standing, compliance, automated
5		speed enforcement system, or automated traffic law violations
6		against a person in a proceeding. Upon commencement of the
7		action, the municipality or county shall file a certified copy
8		or record of the final determination of parking, standing,
9		compliance, automated speed enforcement system, or automated
10		traffic law violation, which shall be accompanied by a
11		certification that recites facts sufficient to show that the
12		final determination of violation was issued in accordance with
13		this Section and the applicable municipal or county ordinance.
14		Service of the summons and a copy of the petition may be by any
15		method provided by Section 2-203 of the Code of Civil
16		Procedure or by certified mail, return receipt requested,
17		provided that the total amount of fines and penalties for
18		final determinations of parking, standing, compliance,
19		automated speed enforcement system, or automated traffic law
20		violations does not exceed $2500. If the court is satisfied
21		that the final determination of parking, standing, compliance,
22		automated speed enforcement system, or automated traffic law
23		violation was entered in accordance with the requirements of
24		this Section and the applicable municipal or county ordinance,
25		and that the registered owner or the lessee, as the case may
26		be, had an opportunity for an administrative hearing and for

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1		judicial review as provided in this Section, the court shall
2		render judgment in favor of the municipality or county and
3		against the registered owner or the lessee for the amount
4		indicated in the final determination of parking, standing,
5		compliance, automated speed enforcement system, or automated
6		traffic law violation, plus costs. The judgment shall have the
7		same effect and may be enforced in the same manner as other
8		judgments for the recovery of money.
9		(g) The fee for participating in a traffic education
10		program under this Section shall not exceed $25.
11		A low-income individual required to complete a traffic
12		education program under this Section who provides proof of
13		eligibility for the federal earned income tax credit under
14		Section 32 of the Internal Revenue Code or the Illinois earned
15		income tax credit under Section 212 of the Illinois Income Tax
16		Act shall not be required to pay any fee for participating in a
17		required traffic education program.
18		(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
19		revised 12-21-20.)
20		(625 ILCS 5/11-501.9)
21		Sec. 11-501.9. Suspension of driver's license; failure or
22		refusal of validated roadside chemical tests; failure or
23		refusal of field sobriety tests; implied consent.
24		(a) A person who drives or is in actual physical control of
25		a motor vehicle upon the public highways of this State shall be

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1		deemed to have given consent to (i) validated roadside
2		chemical tests or (ii) standardized field sobriety tests
3		approved by the National Highway Traffic Safety
4		Administration, under subsection (a-5) of Section 11-501.2 of
5		this Code, if detained by a law enforcement officer who has a
6		reasonable suspicion that the person is driving or is in
7		actual physical control of a motor vehicle while impaired by
8		the use of cannabis. The law enforcement officer must have an
9		independent, cannabis-related factual basis giving reasonable
10		suspicion that the person is driving or in actual physical
11		control of a motor vehicle while impaired by the use of
12		cannabis for conducting validated roadside chemical tests or
13		standardized field sobriety tests, which shall be included
14		with the results of the validated roadside chemical tests and
15		field sobriety tests in any report made by the law enforcement
16		officer who requests the test. The person's possession of a
17		registry identification card issued under the Compassionate
18		Use of Medical Cannabis Program Act alone is not a sufficient
19		basis for reasonable suspicion.
20		For purposes of this Section, a law enforcement officer of
21		this State who is investigating a person for an offense under
22		Section 11-501 of this Code may travel into an adjoining state
23		where the person has been transported for medical care to
24		complete an investigation and to request that the person
25		submit to field sobriety tests under this Section.
26		(b) A person who is unconscious, or otherwise in a

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1		condition rendering the person incapable of refusal, shall be
2		deemed to have withdrawn the consent provided by subsection
3		(a) of this Section.
4		(c) A person requested to submit to validated roadside
5		chemical tests or field sobriety tests, as provided in this
6		Section, shall be warned by the law enforcement officer
7		requesting the field sobriety tests that a refusal to submit
8		to the validated roadside chemical tests or field sobriety
9		tests will result in the suspension of the person's privilege
10		to operate a motor vehicle, as provided in subsection (f) of
11		this Section. The person shall also be warned by the law
12		enforcement officer that if the person submits to validated
13		roadside chemical tests or field sobriety tests as provided in
14		this Section which disclose the person is impaired by the use
15		of cannabis, a suspension of the person's privilege to operate
16		a motor vehicle, as provided in subsection (f) of this
17		Section, will be imposed.
18		(d) The results of validated roadside chemical tests or
19		field sobriety tests administered under this Section shall be
20		admissible in a civil or criminal action or proceeding arising
21		from an arrest for an offense as defined in Section 11-501 of
22		this Code or a similar provision of a local ordinance. These
23		test results shall be admissible only in actions or
24		proceedings directly related to the incident upon which the
25		test request was made.
26		(e) If the person refuses validated roadside chemical

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1		tests or field sobriety tests or submits to validated roadside
2		chemical tests or field sobriety tests that disclose the
3		person is impaired by the use of cannabis, the law enforcement
4		officer shall immediately submit a sworn report to the circuit
5		court of venue and the Secretary of State certifying that
6		testing was requested under this Section and that the person
7		refused to submit to validated roadside chemical tests or
8		field sobriety tests or submitted to validated roadside
9		chemical tests or field sobriety tests that disclosed the
10		person was impaired by the use of cannabis. The sworn report
11		must include the law enforcement officer's factual basis for
12		reasonable suspicion that the person was impaired by the use
13		of cannabis.
14		(f) Upon receipt of the sworn report of a law enforcement
15		officer submitted under subsection (e) of this Section, the
16		Secretary of State shall enter the suspension to the driving
17		record as follows:
18		(1) for refusal or failure to complete validated
19		roadside chemical tests or field sobriety tests, a
20		12-month 12 month suspension shall be entered; or
21		(2) for submitting to validated roadside chemical
22		tests or field sobriety tests that disclosed the driver
23		was impaired by the use of cannabis, a 6-month 6 month
24		suspension shall be entered.
25		The Secretary of State shall confirm the suspension by
26		mailing a notice of the effective date of the suspension to the

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1		person and the court of venue. However, should the sworn
2		report be defective for insufficient information or be
3		completed in error, the confirmation of the suspension shall
4		not be mailed to the person or entered to the record; instead,
5		the sworn report shall be forwarded to the court of venue with
6		a copy returned to the issuing agency identifying the defect.
7		(g) The law enforcement officer submitting the sworn
8		report under subsection (e) of this Section shall serve
9		immediate notice of the suspension on the person and the
10		suspension shall be effective as provided in subsection (h) of
11		this Section. If immediate notice of the suspension cannot be
12		given, the arresting officer or arresting agency shall give
13		notice by deposit in the United States mail of the notice in an
14		envelope with postage prepaid and addressed to the person at
15		his or her address as shown on the Uniform Traffic Ticket and
16		the suspension shall begin as provided in subsection (h) of
17		this Section. The officer shall confiscate any Illinois
18		driver's license or permit on the person at the time of arrest.
19		If the person has a valid driver's license or permit, the
20		officer shall issue the person a receipt, in a form prescribed
21		by the Secretary of State, that will allow the person to drive
22		during the period provided for in subsection (h) of this
23		Section. The officer shall immediately forward the driver's
24		license or permit to the circuit court of venue along with the
25		sworn report under subsection (e) of this Section.
26		(h) The suspension under subsection (f) of this Section

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1		shall take effect on the 46th day following the date the notice
2		of the suspension was given to the person.
3		(i) When a driving privilege has been suspended under this
4		Section and the person is subsequently convicted of violating
5		Section 11-501 of this Code, or a similar provision of a local
6		ordinance, for the same incident, any period served on
7		suspension under this Section shall be credited toward the
8		minimum period of revocation of driving privileges imposed
9		under Section 6-205 of this Code.
10		(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19;
11		revised 9-20-19.)
12		(625 ILCS 5/11-502.1)
13		Sec. 11-502.1. Possession of medical cannabis in a motor
14		vehicle.
15		(a) No driver, who is a medical cannabis cardholder, may
16		use medical cannabis within the passenger area of any motor
17		vehicle upon a highway in this State.
18		(b) No driver, who is a medical cannabis cardholder, a
19		medical cannabis designated caregiver, medical cannabis
20		cultivation center agent, or dispensing organization agent may
21		possess medical cannabis within any area of any motor vehicle
22		upon a highway in this State except in a sealed, odor-proof,
23		and child-resistant medical cannabis container.
24		(c) No passenger, who is a medical cannabis card holder, a
25		medical cannabis designated caregiver, or medical cannabis

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1		dispensing organization agent may possess medical cannabis
2		within any passenger area of any motor vehicle upon a highway
3		in this State except in a sealed, odor-proof, and
4		child-resistant medical cannabis container.
5		(d) Any person who violates subsections (a) through (c) of
6		this Section:
7		(1) commits a Class A misdemeanor;
8		(2) shall be subject to revocation of his or her
9		medical cannabis card for a period of 2 years from the end
10		of the sentence imposed;
11		(3) (4) shall be subject to revocation of his or her
12		status as a medical cannabis caregiver, medical cannabis
13		cultivation center agent, or medical cannabis dispensing
14		organization agent for a period of 2 years from the end of
15		the sentence imposed.
16		(Source: P.A. 101-27, eff. 6-25-19; revised 8-6-19.)
17		(625 ILCS 5/11-704) (from Ch. 95 1/2, par. 11-704)
18		Sec. 11-704. When overtaking on the right is permitted.
19		(a) The driver of a vehicle with 3 or more wheels may
20		overtake and pass upon the right of another vehicle only under
21		the following conditions:
22		1. When the vehicle overtaken is making or about to
23		make a left turn. ;
24		2. Upon a roadway with unobstructed pavement of
25		sufficient width for 2 two or more lines of vehicles

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1		moving lawfully in the direction being traveled by the
2		overtaking vehicle.
3		3. Upon a one-way street, or upon any roadway on which
4		traffic is restricted to one direction of movement, where
5		the roadway is free from obstructions and of sufficient
6		width for 2 or more lines of moving vehicles.
7		(b) The driver of a 2-wheeled 2 wheeled vehicle may not
8		pass upon the right of any other vehicle proceeding in the same
9		direction unless the unobstructed pavement to the right of the
10		vehicle being passed is of a width of not less than 8 feet.
11		This subsection does not apply to devices propelled by human
12		power.
13		(c) The driver of a vehicle may overtake and pass another
14		vehicle upon the right only under conditions permitting such
15		movement in safety. Such movement shall not be made by driving
16		off the roadway.
17		(Source: P.A. 98-485, eff. 1-1-14; revised 8-18-20.)
18		(625 ILCS 5/11-1006) (from Ch. 95 1/2, par. 11-1006)
19		Sec. 11-1006. Pedestrians soliciting rides or business.
20		(a) No person shall stand in a roadway for the purpose of
21		soliciting a ride from the driver of any vehicle.
22		(b) No person shall stand on a highway for the purpose of
23		soliciting employment or business from the occupant of any
24		vehicle.
25		(c) No person shall stand on a highway for the purpose of

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1		soliciting contributions from the occupant of any vehicle
2		except within a municipality when expressly permitted by
3		municipal ordinance. The local municipality, city, village, or
4		other local governmental entity in which the solicitation
5		takes place shall determine by ordinance where and when
6		solicitations may take place based on the safety of the
7		solicitors and the safety of motorists. The decision shall
8		also take into account the orderly flow of traffic and may not
9		allow interference with the operation of official traffic
10		control devices. The soliciting agency shall be:
11		1. registered with the Attorney General as a
12		charitable organization as provided by the Solicitation
13		for Charity Act "An Act to regulate solicitation and
14		collection of funds for charitable purposes, providing for
15		violations thereof, and making an appropriation therefor",
16		approved July 26, 1963, as amended;
17		2. engaged in a Statewide fundraising fund raising
18		activity; and
19		3. liable for any injuries to any person or property
20		during the solicitation which is causally related to an
21		act of ordinary negligence of the soliciting agent.
22		Any person engaged in the act of solicitation shall be 16
23		years of age or more and shall be wearing a high-visibility
24		high visibility vest.
25		(d) No person shall stand on or in the proximity of a
26		highway for the purpose of soliciting the watching or guarding

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1		of any vehicle while parked or about to be parked on a highway.
2		(e) Every person who is convicted of a violation of this
3		Section shall be guilty of a Class A misdemeanor.
4		(Source: P.A. 88-589, eff. 8-14-94; revised 8-18-20.)
5		(625 ILCS 5/11-1412.3)
6		Sec. 11-1412.3. Ownership and operation of a mobile
7		carrying device.
8		(a) A mobile carrying device may be operated on a sidewalk
9		or crosswalk so long as all of the following requirements are
10		met:
11		(1) the mobile carrying device is operated in
12		accordance with the local ordinances, if any, established
13		by the local authority governing where the mobile carrying
14		device is operated;
15		(2) a personal property owner is actively monitoring
16		the operation and navigation of the mobile carrying
17		device; and
18		(3) the mobile carrying device is equipped with a
19		braking system that enables the mobile carrying device to
20		perform a controlled stop.
21		(b) A mobile carrying device operator may not do any of the
22		following:
23		(1) fail to comply with traffic or pedestrian control
24		devices and signals;
25		(2) unreasonably interfere with pedestrians or

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1		traffic;
2		(3) transport a person; or
3		(4) operate on a street or highway, except when
4		crossing the street or highway within a crosswalk.
5		(c) A mobile carrying device operator has the rights and
6		obligations applicable to a pedestrian under the same
7		circumstances, and shall ensure that a mobile carrying device
8		shall yield the right-of-way to a pedestrian on a sidewalk or
9		within a crosswalk.
10		(d) A personal property owner may not utilize a mobile
11		carrying device to transport hazardous materials.
12		(e) A personal property owner may not utilize a mobile
13		carrying device unless the person complies with this Section.
14		(f) A mobile carrying device operator that who is not a
15		natural person shall register with the Secretary of State.
16		(g) No contract seeking to exempt a mobile carrying device
17		operator from liability for injury, loss, or death caused by a
18		mobile carrying device shall be valid, and contractual
19		provisions limiting the choice of venue or forum, shortening
20		the statute of limitations, shifting the risk to the user,
21		limiting the availability of class actions, or obtaining
22		judicial remedies shall be invalid and unenforceable.
23		(h) A violation of this Section is a petty offense.
24		(Source: P.A. 101-123, eff. 7-26-19; revised 9-24-19.)
25		(625 ILCS 5/12-610.2)

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1		Sec. 12-610.2. Electronic communication devices.
2		(a) As used in this Section:
3		"Electronic communication device" means an electronic
4		device, including, but not limited to, a hand-held wireless
5		telephone, hand-held personal digital assistant, or a portable
6		or mobile computer, but does not include a global positioning
7		system or navigation system or a device that is physically or
8		electronically integrated into the motor vehicle.
9		(b) A person may not operate a motor vehicle on a roadway
10		while using an electronic communication device, including
11		using an electronic communication device to watch or stream
12		video.
13		(b-5) A person commits aggravated use of an electronic
14		communication device when he or she violates subsection (b)
15		and in committing the violation he or she is involved in a
16		motor vehicle accident that results in great bodily harm,
17		permanent disability, disfigurement, or death to another and
18		the violation is a proximate cause of the injury or death.
19		(c) A violation of this Section is an offense against
20		traffic regulations governing the movement of vehicles. A
21		person who violates this Section shall be fined a maximum of
22		$75 for a first offense, $100 for a second offense, $125 for a
23		third offense, and $150 for a fourth or subsequent offense,
24		except that a person who violates subsection (b-5) shall be
25		assessed a minimum fine of $1,000.
26		(d) This Section does not apply to:

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1		(1) a law enforcement officer or operator of an
2		emergency vehicle while performing his or her official
3		duties;
4		(1.5) a first responder, including a volunteer first
5		responder, while operating his or her own personal motor
6		vehicle using an electronic communication device for the
7		sole purpose of receiving information about an emergency
8		situation while en route to performing his or her official
9		duties;
10		(2) a driver using an electronic communication device
11		for the sole purpose of reporting an emergency situation
12		and continued communication with emergency personnel
13		during the emergency situation;
14		(3) a driver using an electronic communication device
15		in hands-free or voice-operated mode, which may include
16		the use of a headset;
17		(4) a driver of a commercial motor vehicle reading a
18		message displayed on a permanently installed communication
19		device designed for a commercial motor vehicle with a
20		screen that does not exceed 10 inches tall by 10 inches
21		wide in size;
22		(5) a driver using an electronic communication device
23		while parked on the shoulder of a roadway;
24		(6) a driver using an electronic communication device
25		when the vehicle is stopped due to normal traffic being
26		obstructed and the driver has the motor vehicle

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1		transmission in neutral or park;
2		(7) a driver using two-way or citizens band radio
3		services;
4		(8) a driver using two-way mobile radio transmitters
5		or receivers for licensees of the Federal Communications
6		Commission in the amateur radio service;
7		(9) a driver using an electronic communication device
8		by pressing a single button to initiate or terminate a
9		voice communication; or
10		(10) a driver using an electronic communication device
11		capable of performing multiple functions, other than a
12		hand-held wireless telephone or hand-held personal digital
13		assistant (for example, a fleet management system,
14		dispatching device, citizens band radio, or music player)
15		for a purpose that is not otherwise prohibited by this
16		Section.
17		(e) A person convicted of violating subsection (b-5)
18		commits a Class A misdemeanor if the violation resulted in
19		great bodily harm, permanent disability, or disfigurement to
20		another. A person convicted of violating subsection (b-5)
21		commits a Class 4 felony if the violation resulted in the death
22		of another person.
23		(Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19;
24		101-81, eff. 7-12-19; 101-90, eff. 7-1-20; 101-297, eff.
25		1-1-20; revised 8-4-20.)

SB2435 Enrolled - 1745 - LRB102 04062 AMC 14078 b
1		Section 700. The Clerks of Courts Act is amended by
2		changing Section 27.1b as follows:
3		(705 ILCS 105/27.1b)
4		(Section scheduled to be repealed on January 1, 2022)
5		Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
6		other provision of law, all fees charged by the clerks of the
7		circuit court for the services described in this Section shall
8		be established, collected, and disbursed in accordance with
9		this Section. Except as otherwise specified in this Section,
10		all fees under this Section shall be paid in advance and
11		disbursed by each clerk on a monthly basis. In a county with a
12		population of over 3,000,000, units of local government and
13		school districts shall not be required to pay fees under this
14		Section in advance and the clerk shall instead send an
15		itemized bill to the unit of local government or school
16		district, within 30 days of the fee being incurred, and the
17		unit of local government or school district shall be allowed
18		at least 30 days from the date of the itemized bill to pay;
19		these payments shall be disbursed by each clerk on a monthly
20		basis. Unless otherwise specified in this Section, the amount
21		of a fee shall be determined by ordinance or resolution of the
22		county board and remitted to the county treasurer to be used
23		for purposes related to the operation of the court system in
24		the county. In a county with a population of over 3,000,000,
25		any amount retained by the clerk of the circuit court or

SB2435 Enrolled - 1746 - LRB102 04062 AMC 14078 b
1		remitted to the county treasurer shall be subject to
2		appropriation by the county board.
3		(a) Civil cases. The fee for filing a complaint, petition,
4		or other pleading initiating a civil action shall be as set
5		forth in the applicable schedule under this subsection in
6		accordance with case categories established by the Supreme
7		Court in schedules.
8		(1) SCHEDULE 1: not to exceed a total of $366 in a
9		county with a population of 3,000,000 or more and not to
10		exceed $316 in any other county, except as applied to
11		units of local government and school districts in counties
12		with more than 3,000,000 inhabitants an amount not to
13		exceed $190 through December 31, 2021 and $184 on and
14		after January 1, 2022. The fees collected under this
15		schedule shall be disbursed as follows:
16		(A) The clerk shall retain a sum, in an amount not
17		to exceed $55 in a county with a population of
18		3,000,000 or more and in an amount not to exceed $45 in
19		any other county determined by the clerk with the
20		approval of the Supreme Court, to be used for court
21		automation, court document storage, and administrative
22		purposes.
23		(B) The clerk shall remit up to $21 to the State
24		Treasurer. The State Treasurer shall deposit the
25		appropriate amounts, in accordance with the clerk's
26		instructions, as follows:

SB2435 Enrolled - 1747 - LRB102 04062 AMC 14078 b
1		(i) up to $10, as specified by the Supreme
2		Court in accordance with Part 10A of Article II of
3		the Code of Civil Procedure, into the Mandatory
4		Arbitration Fund;
5		(ii) $2 into the Access to Justice Fund; and
6		(iii) $9 into the Supreme Court Special
7		Purposes Fund.
8		(C) The clerk shall remit a sum to the County
9		Treasurer, in an amount not to exceed $290 in a county
10		with a population of 3,000,000 or more and in an amount
11		not to exceed $250 in any other county, as specified by
12		ordinance or resolution passed by the county board,
13		for purposes related to the operation of the court
14		system in the county.
15		(2) SCHEDULE 2: not to exceed a total of $357 in a
16		county with a population of 3,000,000 or more and not to
17		exceed $266 in any other county, except as applied to
18		units of local government and school districts in counties
19		with more than 3,000,000 inhabitants an amount not to
20		exceed $190 through December 31, 2021 and $184 on and
21		after January 1, 2022. The fees collected under this
22		schedule shall be disbursed as follows:
23		(A) The clerk shall retain a sum, in an amount not
24		to exceed $55 in a county with a population of
25		3,000,000 or more and in an amount not to exceed $45 in
26		any other county determined by the clerk with the

SB2435 Enrolled - 1748 - LRB102 04062 AMC 14078 b
1		approval of the Supreme Court, to be used for court
2		automation, court document storage, and administrative
3		purposes.
4		(B) The clerk shall remit up to $21 to the State
5		Treasurer. The State Treasurer shall deposit the
6		appropriate amounts, in accordance with the clerk's
7		instructions, as follows:
8		(i) up to $10, as specified by the Supreme
9		Court in accordance with Part 10A of Article II of
10		the Code of Civil Procedure, into the Mandatory
11		Arbitration Fund;
12		(ii) $2 into the Access to Justice Fund: and
13		(iii) $9 into the Supreme Court Special
14		Purposes Fund.
15		(C) The clerk shall remit a sum to the County
16		Treasurer, in an amount not to exceed $281 in a county
17		with a population of 3,000,000 or more and in an amount
18		not to exceed $200 in any other county, as specified by
19		ordinance or resolution passed by the county board,
20		for purposes related to the operation of the court
21		system in the county.
22		(3) SCHEDULE 3: not to exceed a total of $265 in a
23		county with a population of 3,000,000 or more and not to
24		exceed $89 in any other county, except as applied to units
25		of local government and school districts in counties with
26		more than 3,000,000 inhabitants an amount not to exceed

SB2435 Enrolled - 1749 - LRB102 04062 AMC 14078 b
1		$190 through December 31, 2021 and $184 on and after
2		January 1, 2022. The fees collected under this schedule
3		shall be disbursed as follows:
4		(A) The clerk shall retain a sum, in an amount not
5		to exceed $55 in a county with a population of
6		3,000,000 or more and in an amount not to exceed $22 in
7		any other county determined by the clerk with the
8		approval of the Supreme Court, to be used for court
9		automation, court document storage, and administrative
10		purposes.
11		(B) The clerk shall remit $11 to the State
12		Treasurer. The State Treasurer shall deposit the
13		appropriate amounts in accordance with the clerk's
14		instructions, as follows:
15		(i) $2 into the Access to Justice Fund; and
16		(ii) $9 into the Supreme Court Special
17		Purposes Fund.
18		(C) The clerk shall remit a sum to the County
19		Treasurer, in an amount not to exceed $199 in a county
20		with a population of 3,000,000 or more and in an amount
21		not to exceed $56 in any other county, as specified by
22		ordinance or resolution passed by the county board,
23		for purposes related to the operation of the court
24		system in the county.
25		(4) SCHEDULE 4: $0.
26		(b) Appearance. The fee for filing an appearance in a

SB2435 Enrolled - 1750 - LRB102 04062 AMC 14078 b
1		civil action, including a cannabis civil law action under the
2		Cannabis Control Act, shall be as set forth in the applicable
3		schedule under this subsection in accordance with case
4		categories established by the Supreme Court in schedules.
5		(1) SCHEDULE 1: not to exceed a total of $230 in a
6		county with a population of 3,000,000 or more and not to
7		exceed $191 in any other county, except as applied to
8		units of local government and school districts in counties
9		with more than 3,000,000 inhabitants an amount not to
10		exceed $75. The fees collected under this schedule shall
11		be disbursed as follows:
12		(A) The clerk shall retain a sum, in an amount not
13		to exceed $50 in a county with a population of
14		3,000,000 or more and in an amount not to exceed $45 in
15		any other county determined by the clerk with the
16		approval of the Supreme Court, to be used for court
17		automation, court document storage, and administrative
18		purposes.
19		(B) The clerk shall remit up to $21 to the State
20		Treasurer. The State Treasurer shall deposit the
21		appropriate amounts, in accordance with the clerk's
22		instructions, as follows:
23		(i) up to $10, as specified by the Supreme
24		Court in accordance with Part 10A of Article II of
25		the Code of Civil Procedure, into the Mandatory
26		Arbitration Fund;

SB2435 Enrolled - 1751 - LRB102 04062 AMC 14078 b
1		(ii) $2 into the Access to Justice Fund; and
2		(iii) $9 into the Supreme Court Special
3		Purposes Fund.
4		(C) The clerk shall remit a sum to the County
5		Treasurer, in an amount not to exceed $159 in a county
6		with a population of 3,000,000 or more and in an amount
7		not to exceed $125 in any other county, as specified by
8		ordinance or resolution passed by the county board,
9		for purposes related to the operation of the court
10		system in the county.
11		(2) SCHEDULE 2: not to exceed a total of $130 in a
12		county with a population of 3,000,000 or more and not to
13		exceed $109 in any other county, except as applied to
14		units of local government and school districts in counties
15		with more than 3,000,000 inhabitants an amount not to
16		exceed $75. The fees collected under this schedule shall
17		be disbursed as follows:
18		(A) The clerk shall retain a sum, in an amount not
19		to exceed $50 in a county with a population of
20		3,000,000 or more and in an amount not to exceed $10 in
21		any other county determined by the clerk with the
22		approval of the Supreme Court, to be used for court
23		automation, court document storage, and administrative
24		purposes.
25		(B) The clerk shall remit $9 to the State
26		Treasurer, which the State Treasurer shall deposit

SB2435 Enrolled - 1752 - LRB102 04062 AMC 14078 b
1		into the Supreme Court Special Purpose Fund.
2		(C) The clerk shall remit a sum to the County
3		Treasurer, in an amount not to exceed $71 in a county
4		with a population of 3,000,000 or more and in an amount
5		not to exceed $90 in any other county, as specified by
6		ordinance or resolution passed by the county board,
7		for purposes related to the operation of the court
8		system in the county.
9		(3) SCHEDULE 3: $0.
10		(b-5) Kane County and Will County. In Kane County and Will
11		County civil cases, there is an additional fee of up to $30 as
12		set by the county board under Section 5-1101.3 of the Counties
13		Code to be paid by each party at the time of filing the first
14		pleading, paper, or other appearance; provided that no
15		additional fee shall be required if more than one party is
16		represented in a single pleading, paper, or other appearance.
17		Distribution of fees collected under this subsection (b-5)
18		shall be as provided in Section 5-1101.3 of the Counties Code.
19		(c) Counterclaim or third party complaint. When any
20		defendant files a counterclaim or third party complaint, as
21		part of the defendant's answer or otherwise, the defendant
22		shall pay a filing fee for each counterclaim or third party
23		complaint in an amount equal to the filing fee the defendant
24		would have had to pay had the defendant brought a separate
25		action for the relief sought in the counterclaim or third
26		party complaint, less the amount of the appearance fee, if

SB2435 Enrolled - 1753 - LRB102 04062 AMC 14078 b
1		any, that the defendant has already paid in the action in which
2		the counterclaim or third party complaint is filed.
3		(d) Alias summons. The clerk shall collect a fee not to
4		exceed $6 in a county with a population of 3,000,000 or more
5		and not to exceed $5 in any other county for each alias summons
6		or citation issued by the clerk, except as applied to units of
7		local government and school districts in counties with more
8		than 3,000,000 inhabitants an amount not to exceed $5 for each
9		alias summons or citation issued by the clerk.
10		(e) Jury services. The clerk shall collect, in addition to
11		other fees allowed by law, a sum not to exceed $212.50, as a
12		fee for the services of a jury in every civil action not
13		quasi-criminal in its nature and not a proceeding for the
14		exercise of the right of eminent domain and in every other
15		action wherein the right of trial by jury is or may be given by
16		law. The jury fee shall be paid by the party demanding a jury
17		at the time of filing the jury demand. If the fee is not paid
18		by either party, no jury shall be called in the action or
19		proceeding, and the action or proceeding shall be tried by the
20		court without a jury.
21		(f) Change of venue. In connection with a change of venue:
22		(1) The clerk of the jurisdiction from which the case
23		is transferred may charge a fee, not to exceed $40, for the
24		preparation and certification of the record; and
25		(2) The clerk of the jurisdiction to which the case is
26		transferred may charge the same filing fee as if it were

SB2435 Enrolled - 1754 - LRB102 04062 AMC 14078 b
1		the commencement of a new suit.
2		(g) Petition to vacate or modify.
3		(1) In a proceeding involving a petition to vacate or
4		modify any final judgment or order filed within 30 days
5		after the judgment or order was entered, except for an
6		eviction case, small claims case, petition to reopen an
7		estate, petition to modify, terminate, or enforce a
8		judgment or order for child or spousal support, or
9		petition to modify, suspend, or terminate an order for
10		withholding, the fee shall not exceed $60 in a county with
11		a population of 3,000,000 or more and shall not exceed $50
12		in any other county, except as applied to units of local
13		government and school districts in counties with more than
14		3,000,000 inhabitants an amount not to exceed $50.
15		(2) In a proceeding involving a petition to vacate or
16		modify any final judgment or order filed more than 30 days
17		after the judgment or order was entered, except for a
18		petition to modify, terminate, or enforce a judgment or
19		order for child or spousal support, or petition to modify,
20		suspend, or terminate an order for withholding, the fee
21		shall not exceed $75.
22		(3) In a proceeding involving a motion to vacate or
23		amend a final order, motion to vacate an ex parte
24		judgment, judgment of forfeiture, or "failure to appear"
25		or "failure to comply" notices sent to the Secretary of
26		State, the fee shall equal $40.

SB2435 Enrolled - 1755 - LRB102 04062 AMC 14078 b
1		(h) Appeals preparation. The fee for preparation of a
2		record on appeal shall be based on the number of pages, as
3		follows:
4		(1) if the record contains no more than 100 pages, the
5		fee shall not exceed $70 in a county with a population of
6		3,000,000 or more and shall not exceed $50 in any other
7		county;
8		(2) if the record contains between 100 and 200 pages,
9		the fee shall not exceed $100; and
10		(3) if the record contains 200 or more pages, the
11		clerk may collect an additional fee not to exceed 25 cents
12		per page.
13		(i) Remands. In any cases remanded to the circuit court
14		from the Supreme Court or the appellate court for a new trial,
15		the clerk shall reinstate the case with either its original
16		number or a new number. The clerk shall not charge any new or
17		additional fee for the reinstatement. Upon reinstatement, the
18		clerk shall advise the parties of the reinstatement. Parties
19		shall have the same right to a jury trial on remand and
20		reinstatement that they had before the appeal, and no
21		additional or new fee or charge shall be made for a jury trial
22		after remand.
23		(j) Garnishment, wage deduction, and citation. In
24		garnishment affidavit, wage deduction affidavit, and citation
25		petition proceedings:
26		(1) if the amount in controversy in the proceeding is

SB2435 Enrolled - 1756 - LRB102 04062 AMC 14078 b
1		not more than $1,000, the fee may not exceed $35 in a
2		county with a population of 3,000,000 or more and may not
3		exceed $15 in any other county, except as applied to units
4		of local government and school districts in counties with
5		more than 3,000,000 inhabitants an amount not to exceed
6		$15;
7		(2) if the amount in controversy in the proceeding is
8		greater than $1,000 and not more than $5,000, the fee may
9		not exceed $45 in a county with a population of 3,000,000
10		or more and may not exceed $30 in any other county, except
11		as applied to units of local government and school
12		districts in counties with more than 3,000,000 inhabitants
13		an amount not to exceed $30; and
14		(3) if the amount in controversy in the proceeding is
15		greater than $5,000, the fee may not exceed $65 in a county
16		with a population of 3,000,000 or more and may not exceed
17		$50 in any other county, except as applied to units of
18		local government and school districts in counties with
19		more than 3,000,000 inhabitants an amount not to exceed
20		$50.
21		(j-5) Debt collection. In any proceeding to collect a debt
22		subject to the exception in item (ii) of subparagraph (A-5) of
23		paragraph (1) of subsection (z) of this Section, the circuit
24		court shall order and the clerk shall collect from each
25		judgment debtor a fee of:
26		(1) $35 if the amount in controversy in the proceeding

SB2435 Enrolled - 1757 - LRB102 04062 AMC 14078 b
1		is not more than $1,000;
2		(2) $45 if the amount in controversy in the proceeding
3		is greater than $1,000 and not more than $5,000; and
4		(3) $65 if the amount in controversy in the proceeding
5		is greater than $5,000.
6		(k) Collections.
7		(1) For all collections made of others, except the
8		State and county and except in maintenance or child
9		support cases, the clerk may collect a fee of up to 2.5% of
10		the amount collected and turned over.
11		(2) In child support and maintenance cases, the clerk
12		may collect an annual fee of up to $36 from the person
13		making payment for maintaining child support records and
14		the processing of support orders to the State of Illinois
15		KIDS system and the recording of payments issued by the
16		State Disbursement Unit for the official record of the
17		Court. This fee is in addition to and separate from
18		amounts ordered to be paid as maintenance or child support
19		and shall be deposited into a Separate Maintenance and
20		Child Support Collection Fund, of which the clerk shall be
21		the custodian, ex officio, to be used by the clerk to
22		maintain child support orders and record all payments
23		issued by the State Disbursement Unit for the official
24		record of the Court. The clerk may recover from the person
25		making the maintenance or child support payment any
26		additional cost incurred in the collection of this annual

SB2435 Enrolled - 1758 - LRB102 04062 AMC 14078 b
1		fee.
2		(3) The clerk may collect a fee of $5 for
3		certifications made to the Secretary of State as provided
4		in Section 7-703 of the Illinois Vehicle Code, and this
5		fee shall be deposited into the Separate Maintenance and
6		Child Support Collection Fund.
7		(4) In proceedings to foreclose the lien of delinquent
8		real estate taxes, State's Attorneys shall receive a fee
9		of 10% of the total amount realized from the sale of real
10		estate sold in the proceedings. The clerk shall collect
11		the fee from the total amount realized from the sale of the
12		real estate sold in the proceedings and remit to the
13		County Treasurer to be credited to the earnings of the
14		Office of the State's Attorney.
15		(l) Mailing. The fee for the clerk mailing documents shall
16		not exceed $10 plus the cost of postage.
17		(m) Certified copies. The fee for each certified copy of a
18		judgment, after the first copy, shall not exceed $10.
19		(n) Certification, authentication, and reproduction.
20		(1) The fee for each certification or authentication
21		for taking the acknowledgment of a deed or other
22		instrument in writing with the seal of office shall not
23		exceed $6.
24		(2) The fee for reproduction of any document contained
25		in the clerk's files shall not exceed:
26		(A) $2 for the first page;

SB2435 Enrolled - 1759 - LRB102 04062 AMC 14078 b
1		(B) 50 cents per page for the next 19 pages; and
2		(C) 25 cents per page for all additional pages.
3		(o) Record search. For each record search, within a
4		division or municipal district, the clerk may collect a search
5		fee not to exceed $6 for each year searched.
6		(p) Hard copy. For each page of hard copy print output,
7		when case records are maintained on an automated medium, the
8		clerk may collect a fee not to exceed $10 in a county with a
9		population of 3,000,000 or more and not to exceed $6 in any
10		other county, except as applied to units of local government
11		and school districts in counties with more than 3,000,000
12		inhabitants an amount not to exceed $6.
13		(q) Index inquiry and other records. No fee shall be
14		charged for a single plaintiff and defendant index inquiry or
15		single case record inquiry when this request is made in person
16		and the records are maintained in a current automated medium,
17		and when no hard copy print output is requested. The fees to be
18		charged for management records, multiple case records, and
19		multiple journal records may be specified by the Chief Judge
20		pursuant to the guidelines for access and dissemination of
21		information approved by the Supreme Court.
22		(r) Performing a marriage. There shall be a $10 fee for
23		performing a marriage in court.
24		(s) Voluntary assignment. For filing each deed of
25		voluntary assignment, the clerk shall collect a fee not to
26		exceed $20. For recording a deed of voluntary assignment, the

SB2435 Enrolled - 1760 - LRB102 04062 AMC 14078 b
1		clerk shall collect a fee not to exceed 50 cents for each 100
2		words. Exceptions filed to claims presented to an assignee of
3		a debtor who has made a voluntary assignment for the benefit of
4		creditors shall be considered and treated, for the purpose of
5		taxing costs therein, as actions in which the party or parties
6		filing the exceptions shall be considered as party or parties
7		plaintiff, and the claimant or claimants as party or parties
8		defendant, and those parties respectively shall pay to the
9		clerk the same fees as provided by this Section to be paid in
10		other actions.
11		(t) Expungement petition. The clerk may collect a fee not
12		to exceed $60 for each expungement petition filed and an
13		additional fee not to exceed $4 for each certified copy of an
14		order to expunge arrest records.
15		(u) Transcripts of judgment. For the filing of a
16		transcript of judgment, the clerk may collect the same fee as
17		if it were the commencement of a new suit.
18		(v) Probate filings.
19		(1) For each account (other than one final account)
20		filed in the estate of a decedent, or ward, the fee shall
21		not exceed $25.
22		(2) For filing a claim in an estate when the amount
23		claimed is greater than $150 and not more than $500, the
24		fee shall not exceed $40 in a county with a population of
25		3,000,000 or more and shall not exceed $25 in any other
26		county; when the amount claimed is greater than $500 and

SB2435 Enrolled - 1761 - LRB102 04062 AMC 14078 b
1		not more than $10,000, the fee shall not exceed $55 in a
2		county with a population of 3,000,000 or more and shall
3		not exceed $40 in any other county; and when the amount
4		claimed is more than $10,000, the fee shall not exceed $75
5		in a county with a population of 3,000,000 or more and
6		shall not exceed $60 in any other county; except the court
7		in allowing a claim may add to the amount allowed the
8		filing fee paid by the claimant.
9		(3) For filing in an estate a claim, petition, or
10		supplemental proceeding based upon an action seeking
11		equitable relief including the construction or contest of
12		a will, enforcement of a contract to make a will, and
13		proceedings involving testamentary trusts or the
14		appointment of testamentary trustees, the fee shall not
15		exceed $60.
16		(4) There shall be no fee for filing in an estate: (i)
17		the appearance of any person for the purpose of consent;
18		or (ii) the appearance of an executor, administrator,
19		administrator to collect, guardian, guardian ad litem, or
20		special administrator.
21		(5) For each jury demand, the fee shall not exceed
22		$137.50.
23		(6) For each certified copy of letters of office, of
24		court order, or other certification, the fee shall not
25		exceed $2 per page.
26		(7) For each exemplification, the fee shall not exceed

SB2435 Enrolled - 1762 - LRB102 04062 AMC 14078 b
1		$2, plus the fee for certification.
2		(8) The executor, administrator, guardian, petitioner,
3		or other interested person or his or her attorney shall
4		pay the cost of publication by the clerk directly to the
5		newspaper.
6		(9) The person on whose behalf a charge is incurred
7		for witness, court reporter, appraiser, or other
8		miscellaneous fees shall pay the same directly to the
9		person entitled thereto.
10		(10) The executor, administrator, guardian,
11		petitioner, or other interested person or his or her
12		attorney shall pay to the clerk all postage charges
13		incurred by the clerk in mailing petitions, orders,
14		notices, or other documents pursuant to the provisions of
15		the Probate Act of 1975.
16		(w) Corrections of numbers. For correction of the case
17		number, case title, or attorney computer identification
18		number, if required by rule of court, on any document filed in
19		the clerk's office, to be charged against the party that filed
20		the document, the fee shall not exceed $25.
21		(x) Miscellaneous.
22		(1) Interest earned on any fees collected by the clerk
23		shall be turned over to the county general fund as an
24		earning of the office.
25		(2) For any check, draft, or other bank instrument
26		returned to the clerk for non-sufficient funds, account

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1		closed, or payment stopped, the clerk shall collect a fee
2		of $25.
3		(y) Other fees. Any fees not covered in this Section shall
4		be set by rule or administrative order of the circuit court
5		with the approval of the Administrative Office of the Illinois
6		Courts. The clerk of the circuit court may provide services in
7		connection with the operation of the clerk's office, other
8		than those services mentioned in this Section, as may be
9		requested by the public and agreed to by the clerk and approved
10		by the Chief Judge. Any charges for additional services shall
11		be as agreed to between the clerk and the party making the
12		request and approved by the Chief Judge. Nothing in this
13		subsection shall be construed to require any clerk to provide
14		any service not otherwise required by law.
15		(y-5) Unpaid fees. Unless a court ordered payment schedule
16		is implemented or the fee requirements of this Section are
17		waived under a court order, the clerk of the circuit court may
18		add to any unpaid fees and costs under this Section a
19		delinquency amount equal to 5% of the unpaid fees that remain
20		unpaid after 30 days, 10% of the unpaid fees that remain unpaid
21		after 60 days, and 15% of the unpaid fees that remain unpaid
22		after 90 days. Notice to those parties may be made by signage
23		posting or publication. The additional delinquency amounts
24		collected under this Section shall be deposited into the
25		Circuit Court Clerk Operations and Administration Fund and
26		used to defray additional administrative costs incurred by the

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1		clerk of the circuit court in collecting unpaid fees and
2		costs.
3		(z) Exceptions.
4		(1) No fee authorized by this Section shall apply to:
5		(A) police departments or other law enforcement
6		agencies. In this Section, "law enforcement agency"
7		means: an agency of the State or agency of a unit of
8		local government which is vested by law or ordinance
9		with the duty to maintain public order and to enforce
10		criminal laws or ordinances; the Attorney General; or
11		any State's Attorney;
12		(A-5) any unit of local government or school
13		district, except in counties having a population of
14		500,000 or more the county board may by resolution set
15		fees for units of local government or school districts
16		no greater than the minimum fees applicable in
17		counties with a population less than 3,000,000;
18		provided however, no fee may be charged to any unit of
19		local government or school district in connection with
20		any action which, in whole or in part, is: (i) to
21		enforce an ordinance; (ii) to collect a debt; or (iii)
22		under the Administrative Review Law;
23		(B) any action instituted by the corporate
24		authority of a municipality with more than 1,000,000
25		inhabitants under Section 11-31-1 of the Illinois
26		Municipal Code and any action instituted under

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1		subsection (b) of Section 11-31-1 of the Illinois
2		Municipal Code by a private owner or tenant of real
3		property within 1,200 feet of a dangerous or unsafe
4		building seeking an order compelling the owner or
5		owners of the building to take any of the actions
6		authorized under that subsection;
7		(C) any commitment petition or petition for an
8		order authorizing the administration of psychotropic
9		medication or electroconvulsive therapy under the
10		Mental Health and Developmental Disabilities Code;
11		(D) a petitioner in any order of protection
12		proceeding, including, but not limited to, fees for
13		filing, modifying, withdrawing, certifying, or
14		photocopying petitions for orders of protection,
15		issuing alias summons, any related filing service, or
16		certifying, modifying, vacating, or photocopying any
17		orders of protection; or
18		(E) proceedings for the appointment of a
19		confidential intermediary under the Adoption Act.
20		(2) No fee other than the filing fee contained in the
21		applicable schedule in subsection (a) shall be charged to
22		any person in connection with an adoption proceeding.
23		(3) Upon good cause shown, the court may waive any
24		fees associated with a special needs adoption. The term
25		"special needs adoption" has the meaning provided by the
26		Illinois Department of Children and Family Services.

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1		(aa) This Section is repealed on January 1, 2022.
2		(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
3		100-1161, eff. 7-1-19; 101-645, eff. 6-26-20; revised
4		8-18-20.)
5		Section 705. The Juvenile Court Act of 1987 is amended by
6		changing Sections 2-4a, 2-31, 5-710, and 5-915 as follows:
7		(705 ILCS 405/2-4a)
8		Sec. 2-4a. Special immigrant minor.
9		(a) The court has jurisdiction to make the findings
10		necessary to enable a minor who has been adjudicated a ward of
11		the court to petition the United States Citizenship and
12		Immigration Services for classification as a special immigrant
13		juvenile under 8 U.S.C. 1101(a)(27)(J). A minor for whom the
14		court finds under subsection (b) shall remain under the
15		jurisdiction of the court until his or her special immigrant
16		juvenile petition is filed with the United States Citizenship
17		and Immigration Services, or its successor agency.
18		(b) If a motion requests findings regarding Special
19		Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and
20		the evidence, which may consist solely of, but is not limited
21		to, a declaration of the minor, supports the findings, the
22		court shall issue an order that includes the following
23		findings:
24		(1) (A) the minor is declared a dependent of the

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1		court; or (B) the minor is legally committed to, or placed
2		under the custody of, a State agency or department, or an
3		individual or entity appointed by the court; and
4		(2) that reunification of the minor with one or both
5		of the minor's parents is not viable due to abuse,
6		neglect, abandonment, or other similar basis; and
7		(3) that it is not in the best interest of the minor to
8		be returned to the minor's or parent's previous country of
9		nationality or last habitual residence.
10		(c) In this Section, : (1) The term "abandonment" means,
11		but is not limited to, the failure of a parent or legal
12		guardian to maintain a reasonable degree of interest, concern,
13		or responsibility for the welfare of his or her minor child or
14		ward. (2) (Blank).
15		(d) (Blank).
16		(Source: P.A. 101-121, eff. 11-25-19 (see P.A. 101-592 for the
17		effective date of changes made by P.A. 101-121); revised
18		9-8-20.)
19		(705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
20		Sec. 2-31. Duration of wardship and discharge of
21		proceedings.
22		(1) All proceedings under Article II of this Act in
23		respect of any minor automatically terminate upon his or her
24		attaining the age of 21 years.
25		(2) Whenever the court determines, and makes written

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1		factual findings, that health, safety, and the best interests
2		of the minor and the public no longer require the wardship of
3		the court, the court shall order the wardship terminated and
4		all proceedings under this Act respecting that minor finally
5		closed and discharged. The court may at the same time continue
6		or terminate any custodianship or guardianship theretofore
7		ordered but the termination must be made in compliance with
8		Section 2-28. When terminating wardship under this Section, if
9		the minor is over 18, or if wardship is terminated in
10		conjunction with an order partially or completely emancipating
11		the minor in accordance with the Emancipation of Minors Act,
12		the court shall also consider the following factors, in
13		addition to the health, safety, and best interest of the minor
14		and the public: (A) the minor's wishes regarding case closure;
15		(B) the manner in which the minor will maintain independence
16		without services from the Department; (C) the minor's
17		engagement in services including placement offered by the
18		Department; (D) if the minor is not engaged, the Department's
19		efforts to engage the minor; (E) the nature of communication
20		between the minor and the Department; (F) the minor's
21		involvement in other State systems or services; (G) the
22		minor's connections with family and other community support;
23		and (H) any other factor the court deems relevant. The minor's
24		lack of cooperation with services provided by the Department
25		of Children and Family Services shall not by itself be
26		considered sufficient evidence that the minor is prepared to

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1		live independently and that it is in the best interest of the
2		minor to terminate wardship. It shall not be in the minor's
3		best interest to terminate wardship of a minor over the age of
4		18 who is in the guardianship of the Department of Children and
5		Family Services if the Department has not made reasonable
6		efforts to ensure that the minor has documents necessary for
7		adult living as provided in Section 35.10 of the Children and
8		Family Services Act.
9		(3) The wardship of the minor and any custodianship or
10		guardianship respecting the minor for whom a petition was
11		filed after July 24, 1991 (the effective date of Public Act
12		87-14) this amendatory Act of 1991 automatically terminates
13		when he attains the age of 19 years, except as set forth in
14		subsection (1) of this Section. The clerk of the court shall at
15		that time record all proceedings under this Act as finally
16		closed and discharged for that reason. The provisions of this
17		subsection (3) become inoperative on and after July 12, 2019
18		(the effective date of Public Act 101-78) this amendatory Act
19		of the 101st General Assembly.
20		(4) Notwithstanding any provision of law to the contrary,
21		the changes made by Public Act 101-78 this amendatory Act of
22		the 101st General Assembly apply to all cases that are pending
23		on or after July 12, 2019 (the effective date of Public Act
24		101-78) this amendatory Act of the 101st General Assembly.
25		(Source: P.A. 100-680, eff. 1-1-19; 101-78, eff. 7-12-19;
26		revised 9-12-19.)

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1		(705 ILCS 405/5-710)
2		Sec. 5-710. Kinds of sentencing orders.
3		(1) The following kinds of sentencing orders may be made
4		in respect of wards of the court:
5		(a) Except as provided in Sections 5-805, 5-810, and
6		5-815, a minor who is found guilty under Section 5-620 may
7		be:
8		(i) put on probation or conditional discharge and
9		released to his or her parents, guardian or legal
10		custodian, provided, however, that any such minor who
11		is not committed to the Department of Juvenile Justice
12		under this subsection and who is found to be a
13		delinquent for an offense which is first degree
14		murder, a Class X felony, or a forcible felony shall be
15		placed on probation;
16		(ii) placed in accordance with Section 5-740, with
17		or without also being put on probation or conditional
18		discharge;
19		(iii) required to undergo a substance abuse
20		assessment conducted by a licensed provider and
21		participate in the indicated clinical level of care;
22		(iv) on and after January 1, 2015 (the effective
23		date of Public Act 98-803) this amendatory Act of the
24		98th General Assembly and before January 1, 2017,
25		placed in the guardianship of the Department of

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1		Children and Family Services, but only if the
2		delinquent minor is under 16 years of age or, pursuant
3		to Article II of this Act, a minor under the age of 18
4		for whom an independent basis of abuse, neglect, or
5		dependency exists. On and after January 1, 2017,
6		placed in the guardianship of the Department of
7		Children and Family Services, but only if the
8		delinquent minor is under 15 years of age or, pursuant
9		to Article II of this Act, a minor for whom an
10		independent basis of abuse, neglect, or dependency
11		exists. An independent basis exists when the
12		allegations or adjudication of abuse, neglect, or
13		dependency do not arise from the same facts, incident,
14		or circumstances which give rise to a charge or
15		adjudication of delinquency;
16		(v) placed in detention for a period not to exceed
17		30 days, either as the exclusive order of disposition
18		or, where appropriate, in conjunction with any other
19		order of disposition issued under this paragraph,
20		provided that any such detention shall be in a
21		juvenile detention home and the minor so detained
22		shall be 10 years of age or older. However, the 30-day
23		limitation may be extended by further order of the
24		court for a minor under age 15 committed to the
25		Department of Children and Family Services if the
26		court finds that the minor is a danger to himself or

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1		others. The minor shall be given credit on the
2		sentencing order of detention for time spent in
3		detention under Sections 5-501, 5-601, 5-710, or 5-720
4		of this Article as a result of the offense for which
5		the sentencing order was imposed. The court may grant
6		credit on a sentencing order of detention entered
7		under a violation of probation or violation of
8		conditional discharge under Section 5-720 of this
9		Article for time spent in detention before the filing
10		of the petition alleging the violation. A minor shall
11		not be deprived of credit for time spent in detention
12		before the filing of a violation of probation or
13		conditional discharge alleging the same or related act
14		or acts. The limitation that the minor shall only be
15		placed in a juvenile detention home does not apply as
16		follows:
17		Persons 18 years of age and older who have a
18		petition of delinquency filed against them may be
19		confined in an adult detention facility. In making a
20		determination whether to confine a person 18 years of
21		age or older who has a petition of delinquency filed
22		against the person, these factors, among other
23		matters, shall be considered:
24		(A) the age of the person;
25		(B) any previous delinquent or criminal
26		history of the person;

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1		(C) any previous abuse or neglect history of
2		the person;
3		(D) any mental health history of the person;
4		and
5		(E) any educational history of the person;
6		(vi) ordered partially or completely emancipated
7		in accordance with the provisions of the Emancipation
8		of Minors Act;
9		(vii) subject to having his or her driver's
10		license or driving privileges suspended for such time
11		as determined by the court but only until he or she
12		attains 18 years of age;
13		(viii) put on probation or conditional discharge
14		and placed in detention under Section 3-6039 of the
15		Counties Code for a period not to exceed the period of
16		incarceration permitted by law for adults found guilty
17		of the same offense or offenses for which the minor was
18		adjudicated delinquent, and in any event no longer
19		than upon attainment of age 21; this subdivision
20		(viii) notwithstanding any contrary provision of the
21		law;
22		(ix) ordered to undergo a medical or other
23		procedure to have a tattoo symbolizing allegiance to a
24		street gang removed from his or her body; or
25		(x) placed in electronic monitoring or home
26		detention under Part 7A of this Article.

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1		(b) A minor found to be guilty may be committed to the
2		Department of Juvenile Justice under Section 5-750 if the
3		minor is at least 13 years and under 20 years of age,
4		provided that the commitment to the Department of Juvenile
5		Justice shall be made only if the minor was found guilty of
6		a felony offense or first degree murder. The court shall
7		include in the sentencing order any pre-custody credits
8		the minor is entitled to under Section 5-4.5-100 of the
9		Unified Code of Corrections. The time during which a minor
10		is in custody before being released upon the request of a
11		parent, guardian or legal custodian shall also be
12		considered as time spent in custody.
13		(c) When a minor is found to be guilty for an offense
14		which is a violation of the Illinois Controlled Substances
15		Act, the Cannabis Control Act, or the Methamphetamine
16		Control and Community Protection Act and made a ward of
17		the court, the court may enter a disposition order
18		requiring the minor to undergo assessment, counseling or
19		treatment in a substance use disorder treatment program
20		approved by the Department of Human Services.
21		(2) Any sentencing order other than commitment to the
22		Department of Juvenile Justice may provide for protective
23		supervision under Section 5-725 and may include an order of
24		protection under Section 5-730.
25		(3) Unless the sentencing order expressly so provides, it
26		does not operate to close proceedings on the pending petition,

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1		but is subject to modification until final closing and
2		discharge of the proceedings under Section 5-750.
3		(4) In addition to any other sentence, the court may order
4		any minor found to be delinquent to make restitution, in
5		monetary or non-monetary form, under the terms and conditions
6		of Section 5-5-6 of the Unified Code of Corrections, except
7		that the "presentencing hearing" referred to in that Section
8		shall be the sentencing hearing for purposes of this Section.
9		The parent, guardian or legal custodian of the minor may be
10		ordered by the court to pay some or all of the restitution on
11		the minor's behalf, pursuant to the Parental Responsibility
12		Law. The State's Attorney is authorized to act on behalf of any
13		victim in seeking restitution in proceedings under this
14		Section, up to the maximum amount allowed in Section 5 of the
15		Parental Responsibility Law.
16		(5) Any sentencing order where the minor is committed or
17		placed in accordance with Section 5-740 shall provide for the
18		parents or guardian of the estate of the minor to pay to the
19		legal custodian or guardian of the person of the minor such
20		sums as are determined by the custodian or guardian of the
21		person of the minor as necessary for the minor's needs. The
22		payments may not exceed the maximum amounts provided for by
23		Section 9.1 of the Children and Family Services Act.
24		(6) Whenever the sentencing order requires the minor to
25		attend school or participate in a program of training, the
26		truant officer or designated school official shall regularly

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1		report to the court if the minor is a chronic or habitual
2		truant under Section 26-2a of the School Code. Notwithstanding
3		any other provision of this Act, in instances in which
4		educational services are to be provided to a minor in a
5		residential facility where the minor has been placed by the
6		court, costs incurred in the provision of those educational
7		services must be allocated based on the requirements of the
8		School Code.
9		(7) In no event shall a guilty minor be committed to the
10		Department of Juvenile Justice for a period of time in excess
11		of that period for which an adult could be committed for the
12		same act. The court shall include in the sentencing order a
13		limitation on the period of confinement not to exceed the
14		maximum period of imprisonment the court could impose under
15		Chapter V 5 of the Unified Code of Corrections.
16		(7.5) In no event shall a guilty minor be committed to the
17		Department of Juvenile Justice or placed in detention when the
18		act for which the minor was adjudicated delinquent would not
19		be illegal if committed by an adult.
20		(7.6) In no event shall a guilty minor be committed to the
21		Department of Juvenile Justice for an offense which is a Class
22		4 felony under Section 19-4 (criminal trespass to a
23		residence), 21-1 (criminal damage to property), 21-1.01
24		(criminal damage to government supported property), 21-1.3
25		(criminal defacement of property), 26-1 (disorderly conduct),
26		or 31-4 (obstructing justice) of the Criminal Code of 2012.

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1		(7.75) In no event shall a guilty minor be committed to the
2		Department of Juvenile Justice for an offense that is a Class 3
3		or Class 4 felony violation of the Illinois Controlled
4		Substances Act unless the commitment occurs upon a third or
5		subsequent judicial finding of a violation of probation for
6		substantial noncompliance with court-ordered treatment or
7		programming.
8		(8) A minor found to be guilty for reasons that include a
9		violation of Section 21-1.3 of the Criminal Code of 1961 or the
10		Criminal Code of 2012 shall be ordered to perform community
11		service for not less than 30 and not more than 120 hours, if
12		community service is available in the jurisdiction. The
13		community service shall include, but need not be limited to,
14		the cleanup and repair of the damage that was caused by the
15		violation or similar damage to property located in the
16		municipality or county in which the violation occurred. The
17		order may be in addition to any other order authorized by this
18		Section.
19		(8.5) A minor found to be guilty for reasons that include a
20		violation of Section 3.02 or Section 3.03 of the Humane Care
21		for Animals Act or paragraph (d) of subsection (1) of Section
22		21-1 of the Criminal Code of 1961 or paragraph (4) of
23		subsection (a) of Section 21-1 of the Criminal Code of 2012
24		shall be ordered to undergo medical or psychiatric treatment
25		rendered by a psychiatrist or psychological treatment rendered
26		by a clinical psychologist. The order may be in addition to any

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1		other order authorized by this Section.
2		(9) In addition to any other sentencing order, the court
3		shall order any minor found to be guilty for an act which would
4		constitute, predatory criminal sexual assault of a child,
5		aggravated criminal sexual assault, criminal sexual assault,
6		aggravated criminal sexual abuse, or criminal sexual abuse if
7		committed by an adult to undergo medical testing to determine
8		whether the defendant has any sexually transmissible disease
9		including a test for infection with human immunodeficiency
10		virus (HIV) or any other identified causative agency of
11		acquired immunodeficiency syndrome (AIDS). Any medical test
12		shall be performed only by appropriately licensed medical
13		practitioners and may include an analysis of any bodily fluids
14		as well as an examination of the minor's person. Except as
15		otherwise provided by law, the results of the test shall be
16		kept strictly confidential by all medical personnel involved
17		in the testing and must be personally delivered in a sealed
18		envelope to the judge of the court in which the sentencing
19		order was entered for the judge's inspection in camera. Acting
20		in accordance with the best interests of the victim and the
21		public, the judge shall have the discretion to determine to
22		whom the results of the testing may be revealed. The court
23		shall notify the minor of the results of the test for infection
24		with the human immunodeficiency virus (HIV). The court shall
25		also notify the victim if requested by the victim, and if the
26		victim is under the age of 15 and if requested by the victim's

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1		parents or legal guardian, the court shall notify the victim's
2		parents or the legal guardian, of the results of the test for
3		infection with the human immunodeficiency virus (HIV). The
4		court shall provide information on the availability of HIV
5		testing and counseling at the Department of Public Health
6		facilities to all parties to whom the results of the testing
7		are revealed. The court shall order that the cost of any test
8		shall be paid by the county and may be taxed as costs against
9		the minor.
10		(10) When a court finds a minor to be guilty the court
11		shall, before entering a sentencing order under this Section,
12		make a finding whether the offense committed either: (a) was
13		related to or in furtherance of the criminal activities of an
14		organized gang or was motivated by the minor's membership in
15		or allegiance to an organized gang, or (b) involved a
16		violation of subsection (a) of Section 12-7.1 of the Criminal
17		Code of 1961 or the Criminal Code of 2012, a violation of any
18		Section of Article 24 of the Criminal Code of 1961 or the
19		Criminal Code of 2012, or a violation of any statute that
20		involved the wrongful use of a firearm. If the court
21		determines the question in the affirmative, and the court does
22		not commit the minor to the Department of Juvenile Justice,
23		the court shall order the minor to perform community service
24		for not less than 30 hours nor more than 120 hours, provided
25		that community service is available in the jurisdiction and is
26		funded and approved by the county board of the county where the

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1		offense was committed. The community service shall include,
2		but need not be limited to, the cleanup and repair of any
3		damage caused by a violation of Section 21-1.3 of the Criminal
4		Code of 1961 or the Criminal Code of 2012 and similar damage to
5		property located in the municipality or county in which the
6		violation occurred. When possible and reasonable, the
7		community service shall be performed in the minor's
8		neighborhood. This order shall be in addition to any other
9		order authorized by this Section except for an order to place
10		the minor in the custody of the Department of Juvenile
11		Justice. For the purposes of this Section, "organized gang"
12		has the meaning ascribed to it in Section 10 of the Illinois
13		Streetgang Terrorism Omnibus Prevention Act.
14		(11) If the court determines that the offense was
15		committed in furtherance of the criminal activities of an
16		organized gang, as provided in subsection (10), and that the
17		offense involved the operation or use of a motor vehicle or the
18		use of a driver's license or permit, the court shall notify the
19		Secretary of State of that determination and of the period for
20		which the minor shall be denied driving privileges. If, at the
21		time of the determination, the minor does not hold a driver's
22		license or permit, the court shall provide that the minor
23		shall not be issued a driver's license or permit until his or
24		her 18th birthday. If the minor holds a driver's license or
25		permit at the time of the determination, the court shall
26		provide that the minor's driver's license or permit shall be

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1		revoked until his or her 21st birthday, or until a later date
2		or occurrence determined by the court. If the minor holds a
3		driver's license at the time of the determination, the court
4		may direct the Secretary of State to issue the minor a judicial
5		driving permit, also known as a JDP. The JDP shall be subject
6		to the same terms as a JDP issued under Section 6-206.1 of the
7		Illinois Vehicle Code, except that the court may direct that
8		the JDP be effective immediately.
9		(12) (Blank).
10		(Source: P.A. 100-201, eff. 8-18-17; 100-431, eff. 8-25-17;
11		100-759, eff. 1-1-19; 101-2, eff. 7-1-19; 101-79, eff.
12		7-12-19; 101-159, eff. 1-1-20; revised 8-8-19.)
13		(705 ILCS 405/5-915)
14		Sec. 5-915. Expungement of juvenile law enforcement and
15		juvenile court records.
16		(0.05) (Blank).
17		(0.1) (a) The Department of State Police and all law
18		enforcement agencies within the State shall automatically
19		expunge, on or before January 1 of each year, all juvenile law
20		enforcement records relating to events occurring before an
21		individual's 18th birthday if:
22		(1) one year or more has elapsed since the date of the
23		arrest or law enforcement interaction documented in the
24		records;
25		(2) no petition for delinquency or criminal charges

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1		were filed with the clerk of the circuit court relating to
2		the arrest or law enforcement interaction documented in
3		the records; and
4		(3) 6 months have elapsed since the date of the arrest
5		without an additional subsequent arrest or filing of a
6		petition for delinquency or criminal charges whether
7		related or not to the arrest or law enforcement
8		interaction documented in the records.
9		(b) If the law enforcement agency is unable to verify
10		satisfaction of conditions (2) and (3) of this subsection
11		(0.1), records that satisfy condition (1) of this subsection
12		(0.1) shall be automatically expunged if the records relate to
13		an offense that if committed by an adult would not be an
14		offense classified as Class 2 felony or higher, an offense
15		under Article 11 of the Criminal Code of 1961 or Criminal Code
16		of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
17		12-15, or 12-16 of the Criminal Code of 1961.
18		(0.15) If a juvenile law enforcement record meets
19		paragraph (a) of subsection (0.1) of this Section, a juvenile
20		law enforcement record created:
21		(1) prior to January 1, 2018, but on or after January
22		1, 2013 shall be automatically expunged prior to January
23		1, 2020;
24		(2) prior to January 1, 2013, but on or after January
25		1, 2000, shall be automatically expunged prior to January
26		1, 2023; and

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1		(3) prior to January 1, 2000 shall not be subject to
2		the automatic expungement provisions of this Act.
3		Nothing in this subsection (0.15) shall be construed to
4		restrict or modify an individual's right to have his or her
5		juvenile law enforcement records expunged except as otherwise
6		may be provided in this Act.
7		(0.2) (a) Upon dismissal of a petition alleging
8		delinquency or upon a finding of not delinquent, the
9		successful termination of an order of supervision, or the
10		successful termination of an adjudication for an offense which
11		would be a Class B misdemeanor, Class C misdemeanor, or a petty
12		or business offense if committed by an adult, the court shall
13		automatically order the expungement of the juvenile court
14		records and juvenile law enforcement records. The clerk shall
15		deliver a certified copy of the expungement order to the
16		Department of State Police and the arresting agency. Upon
17		request, the State's Attorney shall furnish the name of the
18		arresting agency. The expungement shall be completed within 60
19		business days after the receipt of the expungement order.
20		(b) If the chief law enforcement officer of the agency, or
21		his or her designee, certifies in writing that certain
22		information is needed for a pending investigation involving
23		the commission of a felony, that information, and information
24		identifying the juvenile, may be retained until the statute of
25		limitations for the felony has run. If the chief law
26		enforcement officer of the agency, or his or her designee,

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1		certifies in writing that certain information is needed with
2		respect to an internal investigation of any law enforcement
3		office, that information and information identifying the
4		juvenile may be retained within an intelligence file until the
5		investigation is terminated or the disciplinary action,
6		including appeals, has been completed, whichever is later.
7		Retention of a portion of a juvenile's law enforcement record
8		does not disqualify the remainder of his or her record from
9		immediate automatic expungement.
10		(0.3) (a) Upon an adjudication of delinquency based on any
11		offense except a disqualified offense, the juvenile court
12		shall automatically order the expungement of the juvenile
13		court and law enforcement records 2 years after the juvenile's
14		case was closed if no delinquency or criminal proceeding is
15		pending and the person has had no subsequent delinquency
16		adjudication or criminal conviction. The clerk shall deliver a
17		certified copy of the expungement order to the Department of
18		State Police and the arresting agency. Upon request, the
19		State's Attorney shall furnish the name of the arresting
20		agency. The expungement shall be completed within 60 business
21		days after the receipt of the expungement order. In this
22		subsection (0.3), "disqualified offense" means any of the
23		following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1,
24		9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9,
25		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
26		12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5,

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1		12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1,
2		18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
3		24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
4		29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
5		Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
6		of subsection (a) of Section 11-14.4, subsection (a-5) of
7		Section 12-3.1, paragraph (1), (2), or (3) of subsection (a)
8		of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
9		paragraph (1) or (2) of subsection (a) of Section 12-7.4,
10		subparagraph (i) of paragraph (1) of subsection (a) of Section
11		12-9, subparagraph (H) of paragraph (3) of subsection (a) of
12		Section 24-1.6, paragraph (1) of subsection (a) of Section
13		25-1, or subsection (a-7) of Section 31-1 of the Criminal Code
14		of 2012.
15		(b) If the chief law enforcement officer of the agency, or
16		his or her designee, certifies in writing that certain
17		information is needed for a pending investigation involving
18		the commission of a felony, that information, and information
19		identifying the juvenile, may be retained in an intelligence
20		file until the investigation is terminated or for one
21		additional year, whichever is sooner. Retention of a portion
22		of a juvenile's juvenile law enforcement record does not
23		disqualify the remainder of his or her record from immediate
24		automatic expungement.
25		(0.4) Automatic expungement for the purposes of this
26		Section shall not require law enforcement agencies to

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1		obliterate or otherwise destroy juvenile law enforcement
2		records that would otherwise need to be automatically expunged
3		under this Act, except after 2 years following the subject
4		arrest for purposes of use in civil litigation against a
5		governmental entity or its law enforcement agency or personnel
6		which created, maintained, or used the records. However, these
7		juvenile law enforcement records shall be considered expunged
8		for all other purposes during this period and the offense,
9		which the records or files concern, shall be treated as if it
10		never occurred as required under Section 5-923.
11		(0.5) Subsection (0.1) or (0.2) of this Section does not
12		apply to violations of traffic, boating, fish and game laws,
13		or county or municipal ordinances.
14		(0.6) Juvenile law enforcement records of a plaintiff who
15		has filed civil litigation against the governmental entity or
16		its law enforcement agency or personnel that created,
17		maintained, or used the records, or juvenile law enforcement
18		records that contain information related to the allegations
19		set forth in the civil litigation may not be expunged until
20		after 2 years have elapsed after the conclusion of the
21		lawsuit, including any appeal.
22		(0.7) Officer-worn body camera recordings shall not be
23		automatically expunged except as otherwise authorized by the
24		Law Enforcement Officer-Worn Body Camera Act.
25		(1) Whenever a person has been arrested, charged, or
26		adjudicated delinquent for an incident occurring before his or

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1		her 18th birthday that if committed by an adult would be an
2		offense, and that person's juvenile law enforcement and
3		juvenile court records are not eligible for automatic
4		expungement under subsection (0.1), (0.2), or (0.3), the
5		person may petition the court at any time for expungement of
6		juvenile law enforcement records and juvenile court records
7		relating to the incident and, upon termination of all juvenile
8		court proceedings relating to that incident, the court shall
9		order the expungement of all records in the possession of the
10		Department of State Police, the clerk of the circuit court,
11		and law enforcement agencies relating to the incident, but
12		only in any of the following circumstances:
13		(a) the minor was arrested and no petition for
14		delinquency was filed with the clerk of the circuit court;
15		(a-5) the minor was charged with an offense and the
16		petition or petitions were dismissed without a finding of
17		delinquency;
18		(b) the minor was charged with an offense and was
19		found not delinquent of that offense;
20		(c) the minor was placed under supervision under
21		Section 5-615, and the order of supervision has since been
22		successfully terminated; or
23		(d) the minor was adjudicated for an offense which
24		would be a Class B misdemeanor, Class C misdemeanor, or a
25		petty or business offense if committed by an adult.
26		(1.5) The Department of State Police shall allow a person

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1		to use the Access and Review process, established in the
2		Department of State Police, for verifying that his or her
3		juvenile law enforcement records relating to incidents
4		occurring before his or her 18th birthday eligible under this
5		Act have been expunged.
6		(1.6) (Blank).
7		(1.7) (Blank).
8		(1.8) (Blank).
9		(2) Any person whose delinquency adjudications are not
10		eligible for automatic expungement under subsection (0.3) of
11		this Section may petition the court to expunge all juvenile
12		law enforcement records relating to any incidents occurring
13		before his or her 18th birthday which did not result in
14		proceedings in criminal court and all juvenile court records
15		with respect to any adjudications except those based upon
16		first degree murder or an offense under Article 11 of the
17		Criminal Code of 2012 if the person is required to register
18		under the Sex Offender Registration Act at the time he or she
19		petitions the court for expungement; provided that: (a)
20		(blank); or (b) 2 years have elapsed since all juvenile court
21		proceedings relating to him or her have been terminated and
22		his or her commitment to the Department of Juvenile Justice
23		under this Act has been terminated.
24		(2.5) If a minor is arrested and no petition for
25		delinquency is filed with the clerk of the circuit court at the
26		time the minor is released from custody, the youth officer, if

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1		applicable, or other designated person from the arresting
2		agency, shall notify verbally and in writing to the minor or
3		the minor's parents or guardians that the minor shall have an
4		arrest record and shall provide the minor and the minor's
5		parents or guardians with an expungement information packet,
6		information regarding this State's expungement laws including
7		a petition to expunge juvenile law enforcement and juvenile
8		court records obtained from the clerk of the circuit court.
9		(2.6) If a minor is referred to court, then, at the time of
10		sentencing, or dismissal of the case, or successful completion
11		of supervision, the judge shall inform the delinquent minor of
12		his or her rights regarding expungement and the clerk of the
13		circuit court shall provide an expungement information packet
14		to the minor, written in plain language, including information
15		regarding this State's expungement laws and a petition for
16		expungement, a sample of a completed petition, expungement
17		instructions that shall include information informing the
18		minor that (i) once the case is expunged, it shall be treated
19		as if it never occurred, (ii) he or she may apply to have
20		petition fees waived, (iii) once he or she obtains an
21		expungement, he or she may not be required to disclose that he
22		or she had a juvenile law enforcement or juvenile court
23		record, and (iv) if petitioning he or she may file the petition
24		on his or her own or with the assistance of an attorney. The
25		failure of the judge to inform the delinquent minor of his or
26		her right to petition for expungement as provided by law does

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1		not create a substantive right, nor is that failure grounds
2		for: (i) a reversal of an adjudication of delinquency; , (ii) a
3		new trial; or (iii) an appeal.
4		(2.7) (Blank).
5		(2.8) (Blank).
6		(3) (Blank).
7		(3.1) (Blank).
8		(3.2) (Blank).
9		(3.3) (Blank).
10		(4) (Blank).
11		(5) (Blank).
12		(5.5) Whether or not expunged, records eligible for
13		automatic expungement under subdivision (0.1)(a), (0.2)(a), or
14		(0.3)(a) may be treated as expunged by the individual subject
15		to the records.
16		(6) (Blank).
17		(6.5) The Department of State Police or any employee of
18		the Department shall be immune from civil or criminal
19		liability for failure to expunge any records of arrest that
20		are subject to expungement under this Section because of
21		inability to verify a record. Nothing in this Section shall
22		create Department of State Police liability or responsibility
23		for the expungement of juvenile law enforcement records it
24		does not possess.
25		(7) (Blank).
26		(7.5) (Blank).

SB2435 Enrolled - 1791 - LRB102 04062 AMC 14078 b
1		(8)(a) (Blank). (b) (Blank). (c) The expungement of
2		juvenile law enforcement or juvenile court records under
3		subsection (0.1), (0.2), or (0.3) of this Section shall be
4		funded by appropriation by the General Assembly for that
5		purpose.
6		(9) (Blank).
7		(10) (Blank).
8		(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
9		100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.
10		8-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162,
11		eff. 12-20-18; revised 7-16-19.)
12		Section 710. The Court of Claims Act is amended by
13		changing Section 22 as follows:
14		(705 ILCS 505/22) (from Ch. 37, par. 439.22)
15		Sec. 22. Every claim cognizable by the court Court and not
16		otherwise sooner barred by law shall be forever barred from
17		prosecution therein unless it is filed with the clerk of the
18		court Clerk of the Court within the time set forth as follows:
19		(a) All claims arising out of a contract must be filed
20		within 5 years after it first accrues, saving to minors,
21		and persons under legal disability at the time the claim
22		accrues, in which cases the claim must be filed within 5
23		years from the time the disability ceases.
24		(b) All claims cognizable against the State by vendors

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1		of goods or services under the "The Illinois Public Aid
2		Code", approved April 11, 1967, as amended, must file
3		within one year after the accrual of the cause of action,
4		as provided in Section 11-13 of that Code.
5		(c) All claims arising under paragraph (c) of Section
6		8 of this Act must be automatically heard by the court
7		within 120 days after the person asserting such claim is
8		either issued a certificate of innocence from the circuit
9		court Circuit Court as provided in Section 2-702 of the
10		Code of Civil Procedure, or is granted a pardon by the
11		Governor, whichever occurs later, without the person
12		asserting the claim being required to file a petition
13		under Section 11 of this Act, except as otherwise provided
14		by the Crime Victims Compensation Act. Any claims filed by
15		the claimant under paragraph (c) of Section 8 of this Act
16		must be filed within 2 years after the person asserting
17		such claim is either issued a certificate of innocence as
18		provided in Section 2-702 of the Code of Civil Procedure,
19		or is granted a pardon by the Governor, whichever occurs
20		later.
21		(d) All claims arising under paragraph (f) of Section
22		8 of this Act must be filed within the time set forth in
23		Section 3 of the Line of Duty Compensation Act.
24		(e) All claims arising under paragraph (h) of Section
25		8 of this Act must be filed within one year of the date of
26		the death of the guardsman or militiaman as provided in

SB2435 Enrolled - 1793 - LRB102 04062 AMC 14078 b
1		Section 3 of the "Illinois National Guardsman's and Naval
2		Militiaman's Compensation Act", approved August 12, 1971,
3		as amended.
4		(f) All claims arising under paragraph (g) of Section
5		8 of this Act must be filed within one year of the crime on
6		which a claim is based as provided in Section 6.1 of the
7		"Crime Victims Compensation Act", approved August 23,
8		1973, as amended.
9		(g) All claims arising from the Comptroller's refusal
10		to issue a replacement warrant pursuant to Section 10.10
11		of the State Comptroller Act must be filed within 5 years
12		after the date of the Comptroller's refusal.
13		(h) All other claims must be filed within 2 years
14		after it first accrues, saving to minors, and persons
15		under legal disability at the time the claim accrues, in
16		which case the claim must be filed within 2 years from the
17		time the disability ceases.
18		(i) The changes made by Public Act 86-458 apply to all
19		warrants issued within the 5-year 5 year period preceding
20		August 31, 1989 (the effective date of Public Act 86-458).
21		The changes made to this Section by Public Act 100-1124
22		this amendatory Act of the 100th General Assembly apply to
23		claims pending on November 27, 2018 (the effective date of
24		Public Act 100-1124) this amendatory Act of the 100th
25		General Assembly and to claims filed thereafter.
26		(j) All time limitations established under this Act

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1		and the rules promulgated under this Act shall be binding
2		and jurisdictional, except upon extension authorized by
3		law or rule and granted pursuant to a motion timely filed.
4		(Source: P.A. 100-1124, eff. 11-27-18; revised 7-16-19.)
5		Section 715. The Criminal Code of 2012 is amended by
6		changing Sections 2-13, 3-6, 9-3.2, 12-2, 28-1, 28-2, 28-3,
7		28-5, and 29B-21 as follows:
8		(720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
9		Sec. 2-13. "Peace officer". "Peace officer" means (i) any
10		person who by virtue of his office or public employment is
11		vested by law with a duty to maintain public order or to make
12		arrests for offenses, whether that duty extends to all
13		offenses or is limited to specific offenses, or (ii) any
14		person who, by statute, is granted and authorized to exercise
15		powers similar to those conferred upon any peace officer
16		employed by a law enforcement agency of this State.
17		For purposes of Sections concerning unlawful use of
18		weapons, for the purposes of assisting an Illinois peace
19		officer in an arrest, or when the commission of any offense
20		under Illinois law is directly observed by the person, and
21		statutes involving the false personation of a peace officer,
22		false personation of a peace officer while carrying a deadly
23		weapon, false personation of a peace officer in attempting or
24		committing a felony, and false personation of a peace officer

SB2435 Enrolled - 1795 - LRB102 04062 AMC 14078 b
1		in attempting or committing a forcible felony, then officers,
2		agents, or employees of the federal government commissioned by
3		federal statute to make arrests for violations of federal
4		criminal laws shall be considered "peace officers" under this
5		Code, including, but not limited to, all criminal
6		investigators of:
7		(1) the United States Department of Justice, the
8		Federal Bureau of Investigation, and the Drug Enforcement
9		Administration Agency and all United States Marshals or
10		Deputy United States Marshals whose duties involve the
11		enforcement of federal criminal laws;
12		(1.5) the United States Department of Homeland
13		Security, United States Citizenship and Immigration
14		Services, United States Coast Guard, United States Customs
15		and Border Protection, and United States Immigration and
16		Customs Enforcement;
17		(2) the United States Department of the Treasury, the
18		Alcohol and Tobacco Tax and Trade Bureau, and the United
19		States Secret Service;
20		(3) the United States Internal Revenue Service;
21		(4) the United States General Services Administration;
22		(5) the United States Postal Service;
23		(6) (blank); and
24		(7) the United States Department of Defense.
25		(Source: P.A. 99-651, eff. 1-1-17; revised 8-28-20.)

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1		(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
2		Sec. 3-6. Extended limitations. The period within which a
3		prosecution must be commenced under the provisions of Section
4		3-5 or other applicable statute is extended under the
5		following conditions:
6		(a) A prosecution for theft involving a breach of a
7		fiduciary obligation to the aggrieved person may be commenced
8		as follows:
9		(1) If the aggrieved person is a minor or a person
10		under legal disability, then during the minority or legal
11		disability or within one year after the termination
12		thereof.
13		(2) In any other instance, within one year after the
14		discovery of the offense by an aggrieved person, or by a
15		person who has legal capacity to represent an aggrieved
16		person or has a legal duty to report the offense, and is
17		not himself or herself a party to the offense; or in the
18		absence of such discovery, within one year after the
19		proper prosecuting officer becomes aware of the offense.
20		However, in no such case is the period of limitation so
21		extended more than 3 years beyond the expiration of the
22		period otherwise applicable.
23		(b) A prosecution for any offense based upon misconduct in
24		office by a public officer or employee may be commenced within
25		one year after discovery of the offense by a person having a
26		legal duty to report such offense, or in the absence of such

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1		discovery, within one year after the proper prosecuting
2		officer becomes aware of the offense. However, in no such case
3		is the period of limitation so extended more than 3 years
4		beyond the expiration of the period otherwise applicable.
5		(b-5) When the victim is under 18 years of age at the time
6		of the offense, a prosecution for involuntary servitude,
7		involuntary sexual servitude of a minor, or trafficking in
8		persons and related offenses under Section 10-9 of this Code
9		may be commenced within 25 years of the victim attaining the
10		age of 18 years.
11		(b-6) When the victim is 18 years of age or over at the
12		time of the offense, a prosecution for involuntary servitude,
13		involuntary sexual servitude of a minor, or trafficking in
14		persons and related offenses under Section 10-9 of this Code
15		may be commenced within 25 years after the commission of the
16		offense.
17		(b-7) (b-6) When the victim is under 18 years of age at the
18		time of the offense, a prosecution for female genital
19		mutilation may be commenced at any time.
20		(c) (Blank).
21		(d) A prosecution for child pornography, aggravated child
22		pornography, indecent solicitation of a child, soliciting for
23		a juvenile prostitute, juvenile pimping, exploitation of a
24		child, or promoting juvenile prostitution except for keeping a
25		place of juvenile prostitution may be commenced within one
26		year of the victim attaining the age of 18 years. However, in

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1		no such case shall the time period for prosecution expire
2		sooner than 3 years after the commission of the offense.
3		(e) Except as otherwise provided in subdivision (j), a
4		prosecution for any offense involving sexual conduct or sexual
5		penetration, as defined in Section 11-0.1 of this Code, where
6		the defendant was within a professional or fiduciary
7		relationship or a purported professional or fiduciary
8		relationship with the victim at the time of the commission of
9		the offense may be commenced within one year after the
10		discovery of the offense by the victim.
11		(f) A prosecution for any offense set forth in Section 44
12		of the Environmental Protection Act may be commenced within 5
13		years after the discovery of such an offense by a person or
14		agency having the legal duty to report the offense or in the
15		absence of such discovery, within 5 years after the proper
16		prosecuting officer becomes aware of the offense.
17		(f-5) A prosecution for any offense set forth in Section
18		16-30 of this Code may be commenced within 5 years after the
19		discovery of the offense by the victim of that offense.
20		(g) (Blank).
21		(h) (Blank).
22		(i) Except as otherwise provided in subdivision (j), a
23		prosecution for criminal sexual assault, aggravated criminal
24		sexual assault, or aggravated criminal sexual abuse may be
25		commenced at any time. If the victim consented to the
26		collection of evidence using an Illinois State Police Sexual

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1		Assault Evidence Collection Kit under the Sexual Assault
2		Survivors Emergency Treatment Act, it shall constitute
3		reporting for purposes of this Section.
4		Nothing in this subdivision (i) shall be construed to
5		shorten a period within which a prosecution must be commenced
6		under any other provision of this Section.
7		(i-5) A prosecution for armed robbery, home invasion,
8		kidnapping, or aggravated kidnaping may be commenced within 10
9		years of the commission of the offense if it arises out of the
10		same course of conduct and meets the criteria under one of the
11		offenses in subsection (i) of this Section.
12		(j) (1) When the victim is under 18 years of age at the
13		time of the offense, a prosecution for criminal sexual
14		assault, aggravated criminal sexual assault, predatory
15		criminal sexual assault of a child, aggravated criminal sexual
16		abuse, felony criminal sexual abuse, or female genital
17		mutilation may be commenced at any time.
18		(2) When in circumstances other than as described in
19		paragraph (1) of this subsection (j), when the victim is under
20		18 years of age at the time of the offense, a prosecution for
21		failure of a person who is required to report an alleged or
22		suspected commission of criminal sexual assault, aggravated
23		criminal sexual assault, predatory criminal sexual assault of
24		a child, aggravated criminal sexual abuse, or felony criminal
25		sexual abuse under the Abused and Neglected Child Reporting
26		Act may be commenced within 20 years after the child victim

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1		attains 18 years of age.
2		(3) When the victim is under 18 years of age at the time of
3		the offense, a prosecution for misdemeanor criminal sexual
4		abuse may be commenced within 10 years after the child victim
5		attains 18 years of age.
6		(4) Nothing in this subdivision (j) shall be construed to
7		shorten a period within which a prosecution must be commenced
8		under any other provision of this Section.
9		(j-5) A prosecution for armed robbery, home invasion,
10		kidnapping, or aggravated kidnaping may be commenced at any
11		time if it arises out of the same course of conduct and meets
12		the criteria under one of the offenses in subsection (j) of
13		this Section.
14		(k) (Blank).
15		(l) A prosecution for any offense set forth in Section
16		26-4 of this Code may be commenced within one year after the
17		discovery of the offense by the victim of that offense.
18		(l-5) A prosecution for any offense involving sexual
19		conduct or sexual penetration, as defined in Section 11-0.1 of
20		this Code, in which the victim was 18 years of age or older at
21		the time of the offense, may be commenced within one year after
22		the discovery of the offense by the victim when corroborating
23		physical evidence is available. The charging document shall
24		state that the statute of limitations is extended under this
25		subsection (l-5) and shall state the circumstances justifying
26		the extension. Nothing in this subsection (l-5) shall be

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1		construed to shorten a period within which a prosecution must
2		be commenced under any other provision of this Section or
3		Section 3-5 of this Code.
4		(m) The prosecution shall not be required to prove at
5		trial facts which extend the general limitations in Section
6		3-5 of this Code when the facts supporting extension of the
7		period of general limitations are properly pled in the
8		charging document. Any challenge relating to the extension of
9		the general limitations period as defined in this Section
10		shall be exclusively conducted under Section 114-1 of the Code
11		of Criminal Procedure of 1963.
12		(n) A prosecution for any offense set forth in subsection
13		(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
14		Illinois Public Aid Code, in which the total amount of money
15		involved is $5,000 or more, including the monetary value of
16		food stamps and the value of commodities under Section 16-1 of
17		this Code may be commenced within 5 years of the last act
18		committed in furtherance of the offense.
19		(Source: P.A. 100-80, eff. 8-11-17; 100-318, eff. 8-24-17;
20		100-434, eff. 1-1-18; 100-863, eff. 8-14-18; 100-998, eff.
21		1-1-19; 100-1010, eff. 1-1-19; 100-1087, eff. 1-1-19; 101-18,
22		eff. 1-1-20; 101-81, eff. 7-12-19; 101-130, eff. 1-1-20;
23		101-285, eff. 1-1-20; revised 9-23-19.)
24		(720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
25		Sec. 9-3.2. Involuntary manslaughter and reckless homicide

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1		of an unborn child.
2		(a) A person who unintentionally kills an unborn child
3		without lawful justification commits involuntary manslaughter
4		of an unborn child if his acts whether lawful or unlawful which
5		cause the death are such as are likely to cause death or great
6		bodily harm to some individual, and he performs them
7		recklessly, except in cases in which the cause of death
8		consists of the driving of a motor vehicle, in which case the
9		person commits reckless homicide of an unborn child.
10		(b) Sentence.
11		(1) Involuntary manslaughter of an unborn child is a
12		Class 3 felony.
13		(2) Reckless homicide of an unborn child is a Class 3
14		felony.
15		(c) For purposes of this Section, (1) "unborn child" shall
16		mean any individual of the human species from the implantation
17		of an embryo until birth, and (2) "person" shall not include
18		the pregnant individual whose unborn child is killed.
19		(d) This Section shall not apply to acts which cause the
20		death of an unborn child if those acts were committed during
21		any abortion, as defined in Section 1-10 of the Reproductive
22		Health Act,, to which the pregnant individual has consented.
23		This Section shall not apply to acts which were committed
24		pursuant to usual and customary standards of medical practice
25		during diagnostic testing or therapeutic treatment.
26		(e) The provisions of this Section shall not be construed

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1		to prohibit the prosecution of any person under any other
2		provision of law, nor shall it be construed to preclude any
3		civil cause of action.
4		(Source: P.A. 101-13, eff. 6-12-19; revised 7-23-19.)
5		(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
6		Sec. 12-2. Aggravated assault.
7		(a) Offense based on location of conduct. A person commits
8		aggravated assault when he or she commits an assault against
9		an individual who is on or about a public way, public property,
10		a public place of accommodation or amusement, or a sports
11		venue, or in a church, synagogue, mosque, or other building,
12		structure, or place used for religious worship.
13		(b) Offense based on status of victim. A person commits
14		aggravated assault when, in committing an assault, he or she
15		knows the individual assaulted to be any of the following:
16		(1) A person with a physical disability or a person 60
17		years of age or older and the assault is without legal
18		justification.
19		(2) A teacher or school employee upon school grounds
20		or grounds adjacent to a school or in any part of a
21		building used for school purposes.
22		(3) A park district employee upon park grounds or
23		grounds adjacent to a park or in any part of a building
24		used for park purposes.
25		(4) A community policing volunteer, private security

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1		officer, or utility worker:
2		(i) performing his or her official duties;
3		(ii) assaulted to prevent performance of his or
4		her official duties; or
5		(iii) assaulted in retaliation for performing his
6		or her official duties.
7		(4.1) A peace officer, fireman, emergency management
8		worker, or emergency medical services personnel:
9		(i) performing his or her official duties;
10		(ii) assaulted to prevent performance of his or
11		her official duties; or
12		(iii) assaulted in retaliation for performing his
13		or her official duties.
14		(5) A correctional officer or probation officer:
15		(i) performing his or her official duties;
16		(ii) assaulted to prevent performance of his or
17		her official duties; or
18		(iii) assaulted in retaliation for performing his
19		or her official duties.
20		(6) A correctional institution employee, a county
21		juvenile detention center employee who provides direct and
22		continuous supervision of residents of a juvenile
23		detention center, including a county juvenile detention
24		center employee who supervises recreational activity for
25		residents of a juvenile detention center, or a Department
26		of Human Services employee, Department of Human Services

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1		officer, or employee of a subcontractor of the Department
2		of Human Services supervising or controlling sexually
3		dangerous persons or sexually violent persons:
4		(i) performing his or her official duties;
5		(ii) assaulted to prevent performance of his or
6		her official duties; or
7		(iii) assaulted in retaliation for performing his
8		or her official duties.
9		(7) An employee of the State of Illinois, a municipal
10		corporation therein, or a political subdivision thereof,
11		performing his or her official duties.
12		(8) A transit employee performing his or her official
13		duties, or a transit passenger.
14		(9) A sports official or coach actively participating
15		in any level of athletic competition within a sports
16		venue, on an indoor playing field or outdoor playing
17		field, or within the immediate vicinity of such a facility
18		or field.
19		(10) A person authorized to serve process under
20		Section 2-202 of the Code of Civil Procedure or a special
21		process server appointed by the circuit court, while that
22		individual is in the performance of his or her duties as a
23		process server.
24		(c) Offense based on use of firearm, device, or motor
25		vehicle. A person commits aggravated assault when, in
26		committing an assault, he or she does any of the following:

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1		(1) Uses a deadly weapon, an air rifle as defined in
2		Section 24.8-0.1 of this Act, or any device manufactured
3		and designed to be substantially similar in appearance to
4		a firearm, other than by discharging a firearm.
5		(2) Discharges a firearm, other than from a motor
6		vehicle.
7		(3) Discharges a firearm from a motor vehicle.
8		(4) Wears a hood, robe, or mask to conceal his or her
9		identity.
10		(5) Knowingly and without lawful justification shines
11		or flashes a laser gun sight or other laser device
12		attached to a firearm, or used in concert with a firearm,
13		so that the laser beam strikes near or in the immediate
14		vicinity of any person.
15		(6) Uses a firearm, other than by discharging the
16		firearm, against a peace officer, community policing
17		volunteer, fireman, private security officer, emergency
18		management worker, emergency medical services personnel,
19		employee of a police department, employee of a sheriff's
20		department, or traffic control municipal employee:
21		(i) performing his or her official duties;
22		(ii) assaulted to prevent performance of his or
23		her official duties; or
24		(iii) assaulted in retaliation for performing his
25		or her official duties.
26		(7) Without justification operates a motor vehicle in

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1		a manner which places a person, other than a person listed
2		in subdivision (b)(4), in reasonable apprehension of being
3		struck by the moving motor vehicle.
4		(8) Without justification operates a motor vehicle in
5		a manner which places a person listed in subdivision
6		(b)(4), in reasonable apprehension of being struck by the
7		moving motor vehicle.
8		(9) Knowingly video or audio records the offense with
9		the intent to disseminate the recording.
10		(d) Sentence. Aggravated assault as defined in subdivision
11		(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
12		(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except
13		that aggravated assault as defined in subdivision (b)(4) and
14		(b)(7) is a Class 4 felony if a Category I, Category II, or
15		Category III weapon is used in the commission of the assault.
16		Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
17		(b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class
18		4 felony. Aggravated assault as defined in subdivision (c)(3)
19		or (c)(8) is a Class 3 felony.
20		(e) For the purposes of this Section, "Category I weapon",
21		"Category II weapon", and "Category III weapon" have the
22		meanings ascribed to those terms in Section 33A-1 of this
23		Code.
24		(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
25		(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)

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1		Sec. 28-1. Gambling.
2		(a) A person commits gambling when he or she:
3		(1) knowingly plays a game of chance or skill for
4		money or other thing of value, unless excepted in
5		subsection (b) of this Section;
6		(2) knowingly makes a wager upon the result of any
7		game, contest, or any political nomination, appointment or
8		election;
9		(3) knowingly operates, keeps, owns, uses, purchases,
10		exhibits, rents, sells, bargains for the sale or lease of,
11		manufactures or distributes any gambling device;
12		(4) contracts to have or give himself or herself or
13		another the option to buy or sell, or contracts to buy or
14		sell, at a future time, any grain or other commodity
15		whatsoever, or any stock or security of any company, where
16		it is at the time of making such contract intended by both
17		parties thereto that the contract to buy or sell, or the
18		option, whenever exercised, or the contract resulting
19		therefrom, shall be settled, not by the receipt or
20		delivery of such property, but by the payment only of
21		differences in prices thereof; however, the issuance,
22		purchase, sale, exercise, endorsement or guarantee, by or
23		through a person registered with the Secretary of State
24		pursuant to Section 8 of the Illinois Securities Law of
25		1953, or by or through a person exempt from such
26		registration under said Section 8, of a put, call, or

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1		other option to buy or sell securities which have been
2		registered with the Secretary of State or which are exempt
3		from such registration under Section 3 of the Illinois
4		Securities Law of 1953 is not gambling within the meaning
5		of this paragraph (4);
6		(5) knowingly owns or possesses any book, instrument
7		or apparatus by means of which bets or wagers have been, or
8		are, recorded or registered, or knowingly possesses any
9		money which he has received in the course of a bet or
10		wager;
11		(6) knowingly sells pools upon the result of any game
12		or contest of skill or chance, political nomination,
13		appointment or election;
14		(7) knowingly sets up or promotes any lottery or
15		sells, offers to sell or transfers any ticket or share for
16		any lottery;
17		(8) knowingly sets up or promotes any policy game or
18		sells, offers to sell or knowingly possesses or transfers
19		any policy ticket, slip, record, document or other similar
20		device;
21		(9) knowingly drafts, prints or publishes any lottery
22		ticket or share, or any policy ticket, slip, record,
23		document or similar device, except for such activity
24		related to lotteries, bingo games and raffles authorized
25		by and conducted in accordance with the laws of Illinois
26		or any other state or foreign government;

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1		(10) knowingly advertises any lottery or policy game,
2		except for such activity related to lotteries, bingo games
3		and raffles authorized by and conducted in accordance with
4		the laws of Illinois or any other state;
5		(11) knowingly transmits information as to wagers,
6		betting odds, or changes in betting odds by telephone,
7		telegraph, radio, semaphore or similar means; or knowingly
8		installs or maintains equipment for the transmission or
9		receipt of such information; except that nothing in this
10		subdivision (11) prohibits transmission or receipt of such
11		information for use in news reporting of sporting events
12		or contests; or
13		(12) knowingly establishes, maintains, or operates an
14		Internet site that permits a person to play a game of
15		chance or skill for money or other thing of value by means
16		of the Internet or to make a wager upon the result of any
17		game, contest, political nomination, appointment, or
18		election by means of the Internet. This item (12) does not
19		apply to activities referenced in items (6), (6.1), (8),
20		and (8.1), and (15) of subsection (b) of this Section.
21		(b) Participants in any of the following activities shall
22		not be convicted of gambling:
23		(1) Agreements to compensate for loss caused by the
24		happening of chance including without limitation contracts
25		of indemnity or guaranty and life or health or accident
26		insurance.

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1		(2) Offers of prizes, award or compensation to the
2		actual contestants in any bona fide contest for the
3		determination of skill, speed, strength or endurance or to
4		the owners of animals or vehicles entered in such contest.
5		(3) Pari-mutuel betting as authorized by the law of
6		this State.
7		(4) Manufacture of gambling devices, including the
8		acquisition of essential parts therefor and the assembly
9		thereof, for transportation in interstate or foreign
10		commerce to any place outside this State when such
11		transportation is not prohibited by any applicable Federal
12		law; or the manufacture, distribution, or possession of
13		video gaming terminals, as defined in the Video Gaming
14		Act, by manufacturers, distributors, and terminal
15		operators licensed to do so under the Video Gaming Act.
16		(5) The game commonly known as "bingo", when conducted
17		in accordance with the Bingo License and Tax Act.
18		(6) Lotteries when conducted by the State of Illinois
19		in accordance with the Illinois Lottery Law. This
20		exemption includes any activity conducted by the
21		Department of Revenue to sell lottery tickets pursuant to
22		the provisions of the Illinois Lottery Law and its rules.
23		(6.1) The purchase of lottery tickets through the
24		Internet for a lottery conducted by the State of Illinois
25		under the program established in Section 7.12 of the
26		Illinois Lottery Law.

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1		(7) Possession of an antique slot machine that is
2		neither used nor intended to be used in the operation or
3		promotion of any unlawful gambling activity or enterprise.
4		For the purpose of this subparagraph (b)(7), an antique
5		slot machine is one manufactured 25 years ago or earlier.
6		(8) Raffles and poker runs when conducted in
7		accordance with the Raffles and Poker Runs Act.
8		(8.1) The purchase of raffle chances for a raffle
9		conducted in accordance with the Raffles and Poker Runs
10		Act.
11		(9) Charitable games when conducted in accordance with
12		the Charitable Games Act.
13		(10) Pull tabs and jar games when conducted under the
14		Illinois Pull Tabs and Jar Games Act.
15		(11) Gambling games when authorized by the Illinois
16		Gambling Act.
17		(12) Video gaming terminal games at a licensed
18		establishment, licensed truck stop establishment, licensed
19		large truck stop establishment, licensed fraternal
20		establishment, or licensed veterans establishment when
21		conducted in accordance with the Video Gaming Act.
22		(13) Games of skill or chance where money or other
23		things of value can be won but no payment or purchase is
24		required to participate.
25		(14) Savings promotion raffles authorized under
26		Section 5g of the Illinois Banking Act, Section 7008 of

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1		the Savings Bank Act, Section 42.7 of the Illinois Credit
2		Union Act, Section 5136B of the National Bank Act (12
3		U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
4		U.S.C. 1463).
5		(15) Sports wagering when conducted in accordance with
6		the Sports Wagering Act.
7		(c) Sentence.
8		Gambling is a Class A misdemeanor. A second or subsequent
9		conviction under subsections (a)(3) through (a)(12), is a
10		Class 4 felony.
11		(d) Circumstantial evidence.
12		In prosecutions under this Section circumstantial evidence
13		shall have the same validity and weight as in any criminal
14		prosecution.
15		(Source: P.A. 101-31, Article 25, Section 25-915, eff.
16		6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
17		101-109, eff. 7-19-19; revised 8-6-19.)
18		(720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
19		Sec. 28-2. Definitions.
20		(a) A "gambling device" is any clock, tape machine, slot
21		machine or other machines or device for the reception of money
22		or other thing of value on chance or skill or upon the action
23		of which money or other thing of value is staked, hazarded,
24		bet, won, or lost; or any mechanism, furniture, fixture,
25		equipment, or other device designed primarily for use in a

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1		gambling place. A "gambling device" does not include:
2		(1) A coin-in-the-slot operated mechanical device
3		played for amusement which rewards the player with the
4		right to replay such mechanical device, which device is so
5		constructed or devised as to make such result of the
6		operation thereof depend in part upon the skill of the
7		player and which returns to the player thereof no money,
8		property, or right to receive money or property.
9		(2) Vending machines by which full and adequate return
10		is made for the money invested and in which there is no
11		element of chance or hazard.
12		(3) A crane game. For the purposes of this paragraph
13		(3), a "crane game" is an amusement device involving
14		skill, if it rewards the player exclusively with
15		merchandise contained within the amusement device proper
16		and limited to toys, novelties, and prizes other than
17		currency, each having a wholesale value which is not more
18		than $25.
19		(4) A redemption machine. For the purposes of this
20		paragraph (4), a "redemption machine" is a single-player
21		or multi-player amusement device involving a game, the
22		object of which is throwing, rolling, bowling, shooting,
23		placing, or propelling a ball or other object that is
24		either physical or computer generated on a display or with
25		lights into, upon, or against a hole or other target that
26		is either physical or computer generated on a display or

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1		with lights, or stopping, by physical, mechanical, or
2		electronic means, a moving object that is either physical
3		or computer generated on a display or with lights into,
4		upon, or against a hole or other target that is either
5		physical or computer generated on a display or with
6		lights, provided that all of the following conditions are
7		met:
8		(A) The outcome of the game is predominantly
9		determined by the skill of the player.
10		(B) The award of the prize is based solely upon the
11		player's achieving the object of the game or otherwise
12		upon the player's score.
13		(C) Only merchandise prizes are awarded.
14		(D) The wholesale value of prizes awarded in lieu
15		of tickets or tokens for single play of the device does
16		not exceed $25.
17		(E) The redemption value of tickets, tokens, and
18		other representations of value, which may be
19		accumulated by players to redeem prizes of greater
20		value, for a single play of the device does not exceed
21		$25.
22		(5) Video gaming terminals at a licensed
23		establishment, licensed truck stop establishment, licensed
24		large truck stop establishment, licensed fraternal
25		establishment, or licensed veterans establishment licensed
26		in accordance with the Video Gaming Act.

SB2435 Enrolled - 1816 - LRB102 04062 AMC 14078 b
1		(a-5) "Internet" means an interactive computer service or
2		system or an information service, system, or access software
3		provider that provides or enables computer access by multiple
4		users to a computer server, and includes, but is not limited
5		to, an information service, system, or access software
6		provider that provides access to a network system commonly
7		known as the Internet, or any comparable system or service and
8		also includes, but is not limited to, a World Wide Web page,
9		newsgroup, message board, mailing list, or chat area on any
10		interactive computer service or system or other online
11		service.
12		(a-6) "Access" has the meaning ascribed to the term in
13		Section 17-55.
14		(a-7) "Computer" has the meaning ascribed to the term in
15		Section 17-0.5.
16		(b) A "lottery" is any scheme or procedure whereby one or
17		more prizes are distributed by chance among persons who have
18		paid or promised consideration for a chance to win such
19		prizes, whether such scheme or procedure is called a lottery,
20		raffle, gift, sale, or some other name, excluding savings
21		promotion raffles authorized under Section 5g of the Illinois
22		Banking Act, Section 7008 of the Savings Bank Act, Section
23		42.7 of the Illinois Credit Union Act, Section 5136B of the
24		National Bank Act (12 U.S.C. 25a), or Section 4 of the Home
25		Owners' Loan Act (12 U.S.C. 1463).
26		(c) A "policy game" is any scheme or procedure whereby a

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1		person promises or guarantees by any instrument, bill,
2		certificate, writing, token, or other device that any
3		particular number, character, ticket, or certificate shall in
4		the event of any contingency in the nature of a lottery entitle
5		the purchaser or holder to receive money, property, or
6		evidence of debt.
7		(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20;
8		revised 8-6-19.)
9		(720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
10		Sec. 28-3. Keeping a gambling place. A "gambling place" is
11		any real estate, vehicle, boat, or any other property
12		whatsoever used for the purposes of gambling other than
13		gambling conducted in the manner authorized by the Illinois
14		Gambling Act, the Sports Wagering Act, or the Video Gaming
15		Act. Any person who knowingly permits any premises or property
16		owned or occupied by him or under his control to be used as a
17		gambling place commits a Class A misdemeanor. Each subsequent
18		offense is a Class 4 felony. When any premises is determined by
19		the circuit court to be a gambling place:
20		(a) Such premises is a public nuisance and may be
21		proceeded against as such, and
22		(b) All licenses, permits or certificates issued by
23		the State of Illinois or any subdivision or public agency
24		thereof authorizing the serving of food or liquor on such
25		premises shall be void; and no license, permit or

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1		certificate so cancelled shall be reissued for such
2		premises for a period of 60 days thereafter; nor shall any
3		person convicted of keeping a gambling place be reissued
4		such license for one year from his conviction and, after a
5		second conviction of keeping a gambling place, any such
6		person shall not be reissued such license, and
7		(c) Such premises of any person who knowingly permits
8		thereon a violation of any Section of this Article shall
9		be held liable for, and may be sold to pay any unsatisfied
10		judgment that may be recovered and any unsatisfied fine
11		that may be levied under any Section of this Article.
12		(Source: P.A. 101-31, Article 25, Section 25-915, eff.
13		6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
14		revised 7-12-19.)
15		(720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
16		Sec. 28-5. Seizure of gambling devices and gambling funds.
17		(a) Every device designed for gambling which is incapable
18		of lawful use or every device used unlawfully for gambling
19		shall be considered a "gambling device", and shall be subject
20		to seizure, confiscation and destruction by the Department of
21		State Police or by any municipal, or other local authority,
22		within whose jurisdiction the same may be found. As used in
23		this Section, a "gambling device" includes any slot machine,
24		and includes any machine or device constructed for the
25		reception of money or other thing of value and so constructed

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1		as to return, or to cause someone to return, on chance to the
2		player thereof money, property or a right to receive money or
3		property. With the exception of any device designed for
4		gambling which is incapable of lawful use, no gambling device
5		shall be forfeited or destroyed unless an individual with a
6		property interest in said device knows of the unlawful use of
7		the device.
8		(b) Every gambling device shall be seized and forfeited to
9		the county wherein such seizure occurs. Any money or other
10		thing of value integrally related to acts of gambling shall be
11		seized and forfeited to the county wherein such seizure
12		occurs.
13		(c) If, within 60 days after any seizure pursuant to
14		subparagraph (b) of this Section, a person having any property
15		interest in the seized property is charged with an offense,
16		the court which renders judgment upon such charge shall,
17		within 30 days after such judgment, conduct a forfeiture
18		hearing to determine whether such property was a gambling
19		device at the time of seizure. Such hearing shall be commenced
20		by a written petition by the State, including material
21		allegations of fact, the name and address of every person
22		determined by the State to have any property interest in the
23		seized property, a representation that written notice of the
24		date, time and place of such hearing has been mailed to every
25		such person by certified mail at least 10 days before such
26		date, and a request for forfeiture. Every such person may

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1		appear as a party and present evidence at such hearing. The
2		quantum of proof required shall be a preponderance of the
3		evidence, and the burden of proof shall be on the State. If the
4		court determines that the seized property was a gambling
5		device at the time of seizure, an order of forfeiture and
6		disposition of the seized property shall be entered: a
7		gambling device shall be received by the State's Attorney, who
8		shall effect its destruction, except that valuable parts
9		thereof may be liquidated and the resultant money shall be
10		deposited in the general fund of the county wherein such
11		seizure occurred; money and other things of value shall be
12		received by the State's Attorney and, upon liquidation, shall
13		be deposited in the general fund of the county wherein such
14		seizure occurred. However, in the event that a defendant
15		raises the defense that the seized slot machine is an antique
16		slot machine described in subparagraph (b) (7) of Section 28-1
17		of this Code and therefore he is exempt from the charge of a
18		gambling activity participant, the seized antique slot machine
19		shall not be destroyed or otherwise altered until a final
20		determination is made by the Court as to whether it is such an
21		antique slot machine. Upon a final determination by the Court
22		of this question in favor of the defendant, such slot machine
23		shall be immediately returned to the defendant. Such order of
24		forfeiture and disposition shall, for the purposes of appeal,
25		be a final order and judgment in a civil proceeding.
26		(d) If a seizure pursuant to subparagraph (b) of this

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1		Section is not followed by a charge pursuant to subparagraph
2		(c) of this Section, or if the prosecution of such charge is
3		permanently terminated or indefinitely discontinued without
4		any judgment of conviction or acquittal (1) the State's
5		Attorney shall commence an in rem proceeding for the
6		forfeiture and destruction of a gambling device, or for the
7		forfeiture and deposit in the general fund of the county of any
8		seized money or other things of value, or both, in the circuit
9		court and (2) any person having any property interest in such
10		seized gambling device, money or other thing of value may
11		commence separate civil proceedings in the manner provided by
12		law.
13		(e) Any gambling device displayed for sale to a riverboat
14		gambling operation, casino gambling operation, or organization
15		gaming facility or used to train occupational licensees of a
16		riverboat gambling operation, casino gambling operation, or
17		organization gaming facility as authorized under the Illinois
18		Gambling Act is exempt from seizure under this Section.
19		(f) Any gambling equipment, devices, and supplies provided
20		by a licensed supplier in accordance with the Illinois
21		Gambling Act which are removed from a riverboat, casino, or
22		organization gaming facility for repair are exempt from
23		seizure under this Section.
24		(g) The following video gaming terminals are exempt from
25		seizure under this Section:
26		(1) Video gaming terminals for sale to a licensed

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1		distributor or operator under the Video Gaming Act.
2		(2) Video gaming terminals used to train licensed
3		technicians or licensed terminal handlers.
4		(3) Video gaming terminals that are removed from a
5		licensed establishment, licensed truck stop establishment,
6		licensed large truck stop establishment, licensed
7		fraternal establishment, or licensed veterans
8		establishment for repair.
9		(h) Property seized or forfeited under this Section is
10		subject to reporting under the Seizure and Forfeiture
11		Reporting Act.
12		(i) Any sports lottery terminals provided by a central
13		system provider that are removed from a lottery retailer for
14		repair under the Sports Wagering Act are exempt from seizure
15		under this Section.
16		(Source: P.A. 100-512, eff. 7-1-18; 101-31, Article 25,
17		Section 25-915, eff. 6-28-19; 101-31, Article 35, Section
18		35-80, eff. 6-28-19; revised 7-12-19.)
19		(720 ILCS 5/29B-21)
20		Sec. 29B-21. Attorney's fees. Nothing in this Article
21		applies to property that constitutes reasonable bona fide
22		attorney's fees paid to an attorney for services rendered or
23		to be rendered in the forfeiture proceeding or criminal
24		proceeding relating directly thereto if the property was paid
25		before its seizure and before the issuance of any seizure

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1		warrant or court order prohibiting transfer of the property
2		and if the attorney, at the time he or she received the
3		property, did not know that it was property subject to
4		forfeiture under this Article.
5		(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18;
6		revised 7-12-19.)
7		Section 720. The Cannabis Control Act is amended by
8		changing Sections 5.2 and 5.3 as follows:
9		(720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
10		Sec. 5.2. Delivery of cannabis on school grounds.
11		(a) Any person who violates subsection (e) of Section 5 in
12		any school, on the real property comprising any school, or any
13		conveyance owned, leased or contracted by a school to
14		transport students to or from school or a school related
15		activity, or on any public way within 500 feet of the real
16		property comprising any school, or in any conveyance owned,
17		leased or contracted by a school to transport students to or
18		from school or a school related activity, and at the time of
19		the violation persons under the age of 18 are present, the
20		offense is committed during school hours, or the offense is
21		committed at times when persons under the age of 18 are
22		reasonably expected to be present in the school, in the
23		conveyance, on the real property, or on the public way, such as
24		when after-school activities are occurring, is guilty of a

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1		Class 1 felony, the fine for which shall not exceed $200,000. ;
2		(b) Any person who violates subsection (d) of Section 5 in
3		any school, on the real property comprising any school, or any
4		conveyance owned, leased or contracted by a school to
5		transport students to or from school or a school related
6		activity, or on any public way within 500 feet of the real
7		property comprising any school, or in any conveyance owned,
8		leased or contracted by a school to transport students to or
9		from school or a school related activity, and at the time of
10		the violation persons under the age of 18 are present, the
11		offense is committed during school hours, or the offense is
12		committed at times when persons under the age of 18 are
13		reasonably expected to be present in the school, in the
14		conveyance, on the real property, or on the public way, such as
15		when after-school activities are occurring, is guilty of a
16		Class 2 felony, the fine for which shall not exceed $100,000. ;
17		(c) Any person who violates subsection (c) of Section 5 in
18		any school, on the real property comprising any school, or any
19		conveyance owned, leased or contracted by a school to
20		transport students to or from school or a school related
21		activity, or on any public way within 500 feet of the real
22		property comprising any school, or in any conveyance owned,
23		leased or contracted by a school to transport students to or
24		from school or a school related activity, and at the time of
25		the violation persons under the age of 18 are present, the
26		offense is committed during school hours, or the offense is

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1		committed at times when persons under the age of 18 are
2		reasonably expected to be present in the school, in the
3		conveyance, on the real property, or on the public way, such as
4		when after-school activities are occurring, is guilty of a
5		Class 3 felony, the fine for which shall not exceed $50,000. ;
6		(d) Any person who violates subsection (b) of Section 5 in
7		any school, on the real property comprising any school, or any
8		conveyance owned, leased or contracted by a school to
9		transport students to or from school or a school related
10		activity, or on any public way within 500 feet of the real
11		property comprising any school, or in any conveyance owned,
12		leased or contracted by a school to transport students to or
13		from school or a school related activity, and at the time of
14		the violation persons under the age of 18 are present, the
15		offense is committed during school hours, or the offense is
16		committed at times when persons under the age of 18 are
17		reasonably expected to be present in the school, in the
18		conveyance, on the real property, or on the public way, such as
19		when after-school activities are occurring, is guilty of a
20		Class 4 felony, the fine for which shall not exceed $25,000. ;
21		(e) Any person who violates subsection (a) of Section 5 in
22		any school, on the real property comprising any school, or in
23		any conveyance owned, leased or contracted by a school to
24		transport students to or from school or a school related
25		activity, on any public way within 500 feet of the real
26		property comprising any school, or any conveyance owned,

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1		leased or contracted by a school to transport students to or
2		from school or a school related activity, and at the time of
3		the violation persons under the age of 18 are present, the
4		offense is committed during school hours, or the offense is
5		committed at times when persons under the age of 18 are
6		reasonably expected to be present in the school, in the
7		conveyance, on the real property, or on the public way, such as
8		when after-school activities are occurring, is guilty of a
9		Class A misdemeanor.
10		(f) This Section does not apply to a violation that occurs
11		in or on the grounds of a building that is designated as a
12		school but is no longer operational or active as a school,
13		including a building that is temporarily or permanently closed
14		by a unit of local government.
15		(Source: P.A. 100-3, eff. 1-1-18; 101-429, eff. 8-20-19;
16		revised 8-28-20.)
17		(720 ILCS 550/5.3)
18		Sec. 5.3. Unlawful use of cannabis-based product
19		manufacturing equipment.
20		(a) A person commits unlawful use of cannabis-based
21		product manufacturing equipment when he or she knowingly
22		engages in the possession, procurement, transportation,
23		storage, or delivery of any equipment used in the
24		manufacturing of any cannabis-based product using volatile or
25		explosive gas, including, but not limited to, canisters of

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1		butane gas, with the intent to manufacture, compound, covert,
2		produce, derive, process, or prepare either directly or
3		indirectly any cannabis-based product.
4		(b) This Section does not apply to a cultivation center or
5		cultivation center agent that prepares medical cannabis or
6		cannabis-infused products in compliance with the Compassionate
7		Use of Medical Cannabis Program Act and Department of Public
8		Health and Department of Agriculture rules.
9		(c) Sentence. A person who violates this Section is guilty
10		of a Class 2 felony.
11		(d) This Section does not apply to craft growers,
12		cultivation centers, and infuser organizations licensed under
13		the Cannabis Regulation and Tax Act.
14		(e) This Section does not apply to manufacturers of
15		cannabis-based product manufacturing equipment or transporting
16		organizations with documentation identifying the seller and
17		purchaser of the equipment if the seller or purchaser is a
18		craft grower, cultivation center, or infuser organization
19		licensed under the Cannabis Regulation and Tax Act.
20		(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19;
21		revised 9-23-19.)
22		Section 725. The Prevention of Tobacco Use by Persons
23		under 21 Years of Age and Sale and Distribution of Tobacco
24		Products Act is amended by changing Section 2 as follows:

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1		(720 ILCS 675/2) (from Ch. 23, par. 2358)
2		Sec. 2. Penalties.
3		(a) Any person who violates subsection (a), (a-5),
4		(a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty
5		of a petty offense. For the first offense in a 24-month period,
6		the person shall be fined $200 if his or her employer has a
7		training program that facilitates compliance with minimum-age
8		tobacco laws. For the second offense in a 24-month period, the
9		person shall be fined $400 if his or her employer has a
10		training program that facilitates compliance with minimum-age
11		tobacco laws. For the third offense in a 24-month period, the
12		person shall be fined $600 if his or her employer has a
13		training program that facilitates compliance with minimum-age
14		tobacco laws. For the fourth or subsequent offense in a
15		24-month period, the person shall be fined $800 if his or her
16		employer has a training program that facilitates compliance
17		with minimum-age tobacco laws. For the purposes of this
18		subsection, the 24-month period shall begin with the person's
19		first violation of the Act. The penalties in this subsection
20		are in addition to any other penalties prescribed under the
21		Cigarette Tax Act and the Tobacco Products Tax Act of 1995.
22		(a-5) Any retailer who violates subsection (a), (a-5),
23		(a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty
24		of a petty offense. For the first offense in a 24-month period,
25		the retailer shall be fined $200 if it does not have a training
26		program that facilitates compliance with minimum-age tobacco

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1		laws. For the second offense in a 24-month period, the
2		retailer shall be fined $400 if it does not have a training
3		program that facilitates compliance with minimum-age tobacco
4		laws. For the third offense within a 24-month period, the
5		retailer shall be fined $600 if it does not have a training
6		program that facilitates compliance with minimum-age tobacco
7		laws. For the fourth or subsequent offense in a 24-month
8		period, the retailer shall be fined $800 if it does not have a
9		training program that facilitates compliance with minimum-age
10		tobacco laws. For the purposes of this subsection, the
11		24-month period shall begin with the person's first violation
12		of the Act. The penalties in this subsection are in addition to
13		any other penalties prescribed under the Cigarette Tax Act and
14		the Tobacco Products Tax Act of 1995.
15		(a-6) For the purpose of this Act, a training program that
16		facilitates compliance with minimum-age tobacco laws must
17		include at least the following elements: (i) it must explain
18		that only individuals displaying valid identification
19		demonstrating that they are 21 years of age or older shall be
20		eligible to purchase tobacco products, electronic cigarettes,
21		or alternative nicotine products and (ii) it must explain
22		where a clerk can check identification for a date of birth. The
23		training may be conducted electronically. Each retailer that
24		has a training program shall require each employee who
25		completes the training program to sign a form attesting that
26		the employee has received and completed tobacco training. The

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1		form shall be kept in the employee's file and may be used to
2		provide proof of training.
3		(b) (Blank). I If a person under 21 years of age violates
4		subsection (a-6) of Section 1, he or she is guilty of a Class A
5		misdemeanor.
6		(c) (Blank).
7		(d) (Blank).
8		(e) (Blank).
9		(f) (Blank).
10		(g) (Blank).
11		(h) All moneys collected as fines for violations of
12		subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) or
13		(a-7) of Section 1 shall be distributed in the following
14		manner:
15		(1) one-half of each fine shall be distributed to the
16		unit of local government or other entity that successfully
17		prosecuted the offender; and
18		(2) one-half shall be remitted to the State to be used
19		for enforcing this Act.
20		Any violation of subsection (a) or (a-5) of Section 1
21		shall be reported to the Department of Revenue within 7
22		business days.
23		(Source: P.A. 100-201, eff. 8-18-17; 101-2, eff. 7-1-19;
24		revised 4-29-19.)
25		Section 730. The Prevention of Cigarette Sales to Persons

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1		under 21 Years of Age Act is amended by changing Section 7 as
2		follows:
3		(720 ILCS 678/7)
4		Sec. 7. Age verification and shipping requirements to
5		prevent delivery sales to persons under 21 years of age.
6		(a) No person, other than a delivery service, shall mail,
7		ship, or otherwise cause to be delivered a shipping package in
8		connection with a delivery sale unless the person:
9		(1) prior to the first delivery sale to the
10		prospective consumer, obtains from the prospective
11		consumer a written certification which includes a
12		statement signed by the prospective consumer that
13		certifies:
14		(A) the prospective consumer's current address;
15		and
16		(B) that the prospective consumer is at least the
17		legal minimum age;
18		(2) informs, in writing, such prospective consumer
19		that:
20		(A) the signing of another person's name to the
21		certification described in this Section is illegal;
22		(B) sales of cigarettes to individuals under 21
23		years of age are illegal;
24		(C) the purchase of cigarettes by individuals
25		under 21 years of age is illegal; and

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1		(D) the name and identity of the prospective
2		consumer may be reported to the state of the
3		consumer's current address under the Act of October
4		19, 1949 (15 U.S.C. § 375, et seq.), commonly known as
5		the Jenkins Act;
6		(3) makes a good faith effort to verify the date of
7		birth of the prospective consumer provided pursuant to
8		this Section by:
9		(A) comparing the date of birth against a
10		commercially available database; or
11		(B) obtaining a photocopy or other image of a
12		valid, government-issued identification stating the
13		date of birth or age of the prospective consumer;
14		(4) provides to the prospective consumer a notice that
15		meets the requirements of subsection (b);
16		(5) receives payment for the delivery sale from the
17		prospective consumer by a credit or debit card that has
18		been issued in such consumer's name, or by a check or other
19		written instrument in such consumer's name; and
20		(6) ensures that the shipping package is delivered to
21		the same address as is shown on the government-issued
22		identification or contained in the commercially available
23		database.
24		(b) The notice required under this Section shall include:
25		(1) a statement that cigarette sales to consumers
26		below 21 years of age are illegal;

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1		(2) a statement that sales of cigarettes are
2		restricted to those consumers who provide verifiable proof
3		of age in accordance with subsection (a);
4		(3) a statement that cigarette sales are subject to
5		tax under Section 2 of the Cigarette Tax Act (35 ILCS
6		130/2), Section 2 of the Cigarette Use Tax Act, and
7		Section 3 of the Use Tax Act and an explanation of how the
8		correct tax has been, or is to be, paid with respect to
9		such delivery sale.
10		(c) A statement meets the requirement of this Section if:
11		(1) the statement is clear and conspicuous;
12		(2) the statement is contained in a printed box set
13		apart from the other contents of the communication;
14		(3) the statement is printed in bold, capital letters;
15		(4) the statement is printed with a degree of color
16		contrast between the background and the printed statement
17		that is no less than the color contrast between the
18		background and the largest text used in the communication;
19		and
20		(5) for any printed material delivered by electronic
21		means, the statement appears at both the top and the
22		bottom of the electronic mail message or both the top and
23		the bottom of the Internet website homepage.
24		(d) Each person, other than a delivery service, who mails,
25		ships, or otherwise causes to be delivered a shipping package
26		in connection with a delivery sale shall:

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1		(1) include as part of the shipping documents a clear
2		and conspicuous statement stating: "Cigarettes: Illinois
3		Law Prohibits Shipping to Individuals Under 21 and
4		Requires the Payment of All Applicable Taxes";
5		(2) use a method of mailing, shipping, or delivery
6		that requires a signature before the shipping package is
7		released to the consumer; and
8		(3) ensure that the shipping package is not delivered
9		to any post office box.
10		(Source: P.A. 101-2, eff. 7-1-19; revised 4-29-19.)
11		Section 735. The Code of Criminal Procedure of 1963 is
12		amended by changing Sections 110-5, 111-1, 112A-23, and
13		124A-20 as follows:
14		(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
15		Sec. 110-5. Determining the amount of bail and conditions
16		of release.
17		(a) In determining the amount of monetary bail or
18		conditions of release, if any, which will reasonably assure
19		the appearance of a defendant as required or the safety of any
20		other person or the community and the likelihood of compliance
21		by the defendant with all the conditions of bail, the court
22		shall, on the basis of available information, take into
23		account such matters as the nature and circumstances of the
24		offense charged, whether the evidence shows that as part of

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1		the offense there was a use of violence or threatened use of
2		violence, whether the offense involved corruption of public
3		officials or employees, whether there was physical harm or
4		threats of physical harm to any public official, public
5		employee, judge, prosecutor, juror or witness, senior citizen,
6		child, or person with a disability, whether evidence shows
7		that during the offense or during the arrest the defendant
8		possessed or used a firearm, machine gun, explosive or metal
9		piercing ammunition or explosive bomb device or any military
10		or paramilitary armament, whether the evidence shows that the
11		offense committed was related to or in furtherance of the
12		criminal activities of an organized gang or was motivated by
13		the defendant's membership in or allegiance to an organized
14		gang, the condition of the victim, any written statement
15		submitted by the victim or proffer or representation by the
16		State regarding the impact which the alleged criminal conduct
17		has had on the victim and the victim's concern, if any, with
18		further contact with the defendant if released on bail,
19		whether the offense was based on racial, religious, sexual
20		orientation or ethnic hatred, the likelihood of the filing of
21		a greater charge, the likelihood of conviction, the sentence
22		applicable upon conviction, the weight of the evidence against
23		such defendant, whether there exists motivation or ability to
24		flee, whether there is any verification as to prior residence,
25		education, or family ties in the local jurisdiction, in
26		another county, state or foreign country, the defendant's

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1		employment, financial resources, character and mental
2		condition, past conduct, prior use of alias names or dates of
3		birth, and length of residence in the community, the consent
4		of the defendant to periodic drug testing in accordance with
5		Section 110-6.5, whether a foreign national defendant is
6		lawfully admitted in the United States of America, whether the
7		government of the foreign national maintains an extradition
8		treaty with the United States by which the foreign government
9		will extradite to the United States its national for a trial
10		for a crime allegedly committed in the United States, whether
11		the defendant is currently subject to deportation or exclusion
12		under the immigration laws of the United States, whether the
13		defendant, although a United States citizen, is considered
14		under the law of any foreign state a national of that state for
15		the purposes of extradition or non-extradition to the United
16		States, the amount of unrecovered proceeds lost as a result of
17		the alleged offense, the source of bail funds tendered or
18		sought to be tendered for bail, whether from the totality of
19		the court's consideration, the loss of funds posted or sought
20		to be posted for bail will not deter the defendant from flight,
21		whether the evidence shows that the defendant is engaged in
22		significant possession, manufacture, or delivery of a
23		controlled substance or cannabis, either individually or in
24		consort with others, whether at the time of the offense
25		charged he or she was on bond or pre-trial release pending
26		trial, probation, periodic imprisonment or conditional

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1		discharge pursuant to this Code or the comparable Code of any
2		other state or federal jurisdiction, whether the defendant is
3		on bond or pre-trial release pending the imposition or
4		execution of sentence or appeal of sentence for any offense
5		under the laws of Illinois or any other state or federal
6		jurisdiction, whether the defendant is under parole, aftercare
7		release, mandatory supervised release, or work release from
8		the Illinois Department of Corrections or Illinois Department
9		of Juvenile Justice or any penal institution or corrections
10		department of any state or federal jurisdiction, the
11		defendant's record of convictions, whether the defendant has
12		been convicted of a misdemeanor or ordinance offense in
13		Illinois or similar offense in other state or federal
14		jurisdiction within the 10 years preceding the current charge
15		or convicted of a felony in Illinois, whether the defendant
16		was convicted of an offense in another state or federal
17		jurisdiction that would be a felony if committed in Illinois
18		within the 20 years preceding the current charge or has been
19		convicted of such felony and released from the penitentiary
20		within 20 years preceding the current charge if a penitentiary
21		sentence was imposed in Illinois or other state or federal
22		jurisdiction, the defendant's records of juvenile adjudication
23		of delinquency in any jurisdiction, any record of appearance
24		or failure to appear by the defendant at court proceedings,
25		whether there was flight to avoid arrest or prosecution,
26		whether the defendant escaped or attempted to escape to avoid

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1		arrest, whether the defendant refused to identify himself or
2		herself, or whether there was a refusal by the defendant to be
3		fingerprinted as required by law. Information used by the
4		court in its findings or stated in or offered in connection
5		with this Section may be by way of proffer based upon reliable
6		information offered by the State or defendant. All evidence
7		shall be admissible if it is relevant and reliable regardless
8		of whether it would be admissible under the rules of evidence
9		applicable at criminal trials. If the State presents evidence
10		that the offense committed by the defendant was related to or
11		in furtherance of the criminal activities of an organized gang
12		or was motivated by the defendant's membership in or
13		allegiance to an organized gang, and if the court determines
14		that the evidence may be substantiated, the court shall
15		prohibit the defendant from associating with other members of
16		the organized gang as a condition of bail or release. For the
17		purposes of this Section, "organized gang" has the meaning
18		ascribed to it in Section 10 of the Illinois Streetgang
19		Terrorism Omnibus Prevention Act.
20		(a-5) There shall be a presumption that any conditions of
21		release imposed shall be non-monetary in nature and the court
22		shall impose the least restrictive conditions or combination
23		of conditions necessary to reasonably assure the appearance of
24		the defendant for further court proceedings and protect the
25		integrity of the judicial proceedings from a specific threat
26		to a witness or participant. Conditions of release may

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1		include, but not be limited to, electronic home monitoring,
2		curfews, drug counseling, stay-away orders, and in-person
3		reporting. The court shall consider the defendant's
4		socio-economic circumstance when setting conditions of release
5		or imposing monetary bail.
6		(b) The amount of bail shall be:
7		(1) Sufficient to assure compliance with the
8		conditions set forth in the bail bond, which shall include
9		the defendant's current address with a written
10		admonishment to the defendant that he or she must comply
11		with the provisions of Section 110-12 regarding any change
12		in his or her address. The defendant's address shall at
13		all times remain a matter of public record with the clerk
14		of the court.
15		(2) Not oppressive.
16		(3) Considerate of the financial ability of the
17		accused.
18		(4) When a person is charged with a drug related
19		offense involving possession or delivery of cannabis or
20		possession or delivery of a controlled substance as
21		defined in the Cannabis Control Act, the Illinois
22		Controlled Substances Act, or the Methamphetamine Control
23		and Community Protection Act, the full street value of the
24		drugs seized shall be considered. "Street value" shall be
25		determined by the court on the basis of a proffer by the
26		State based upon reliable information of a law enforcement

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1		official contained in a written report as to the amount
2		seized and such proffer may be used by the court as to the
3		current street value of the smallest unit of the drug
4		seized.
5		(b-5) Upon the filing of a written request demonstrating
6		reasonable cause, the State's Attorney may request a source of
7		bail hearing either before or after the posting of any funds.
8		If the hearing is granted, before the posting of any bail, the
9		accused must file a written notice requesting that the court
10		conduct a source of bail hearing. The notice must be
11		accompanied by justifying affidavits stating the legitimate
12		and lawful source of funds for bail. At the hearing, the court
13		shall inquire into any matters stated in any justifying
14		affidavits, and may also inquire into matters appropriate to
15		the determination which shall include, but are not limited to,
16		the following:
17		(1) the background, character, reputation, and
18		relationship to the accused of any surety; and
19		(2) the source of any money or property deposited by
20		any surety, and whether any such money or property
21		constitutes the fruits of criminal or unlawful conduct;
22		and
23		(3) the source of any money posted as cash bail, and
24		whether any such money constitutes the fruits of criminal
25		or unlawful conduct; and
26		(4) the background, character, reputation, and

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1		relationship to the accused of the person posting cash
2		bail.
3		Upon setting the hearing, the court shall examine, under
4		oath, any persons who may possess material information.
5		The State's Attorney has a right to attend the hearing, to
6		call witnesses and to examine any witness in the proceeding.
7		The court shall, upon request of the State's Attorney,
8		continue the proceedings for a reasonable period to allow the
9		State's Attorney to investigate the matter raised in any
10		testimony or affidavit. If the hearing is granted after the
11		accused has posted bail, the court shall conduct a hearing
12		consistent with this subsection (b-5). At the conclusion of
13		the hearing, the court must issue an order either approving or
14		of disapproving the bail.
15		(c) When a person is charged with an offense punishable by
16		fine only the amount of the bail shall not exceed double the
17		amount of the maximum penalty.
18		(d) When a person has been convicted of an offense and only
19		a fine has been imposed the amount of the bail shall not exceed
20		double the amount of the fine.
21		(e) The State may appeal any order granting bail or
22		setting a given amount for bail.
23		(f) When a person is charged with a violation of an order
24		of protection under Section 12-3.4 or 12-30 of the Criminal
25		Code of 1961 or the Criminal Code of 2012 or when a person is
26		charged with domestic battery, aggravated domestic battery,

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1		kidnapping, aggravated kidnaping, unlawful restraint,
2		aggravated unlawful restraint, stalking, aggravated stalking,
3		cyberstalking, harassment by telephone, harassment through
4		electronic communications, or an attempt to commit first
5		degree murder committed against an intimate partner regardless
6		whether an order of protection has been issued against the
7		person,
8		(1) whether the alleged incident involved harassment
9		or abuse, as defined in the Illinois Domestic Violence Act
10		of 1986;
11		(2) whether the person has a history of domestic
12		violence, as defined in the Illinois Domestic Violence
13		Act, or a history of other criminal acts;
14		(3) based on the mental health of the person;
15		(4) whether the person has a history of violating the
16		orders of any court or governmental entity;
17		(5) whether the person has been, or is, potentially a
18		threat to any other person;
19		(6) whether the person has access to deadly weapons or
20		a history of using deadly weapons;
21		(7) whether the person has a history of abusing
22		alcohol or any controlled substance;
23		(8) based on the severity of the alleged incident that
24		is the basis of the alleged offense, including, but not
25		limited to, the duration of the current incident, and
26		whether the alleged incident involved the use of a weapon,

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1		physical injury, sexual assault, strangulation, abuse
2		during the alleged victim's pregnancy, abuse of pets, or
3		forcible entry to gain access to the alleged victim;
4		(9) whether a separation of the person from the
5		alleged victim or a termination of the relationship
6		between the person and the alleged victim has recently
7		occurred or is pending;
8		(10) whether the person has exhibited obsessive or
9		controlling behaviors toward the alleged victim,
10		including, but not limited to, stalking, surveillance, or
11		isolation of the alleged victim or victim's family member
12		or members;
13		(11) whether the person has expressed suicidal or
14		homicidal ideations;
15		(12) based on any information contained in the
16		complaint and any police reports, affidavits, or other
17		documents accompanying the complaint,
18		the court may, in its discretion, order the respondent to
19		undergo a risk assessment evaluation using a recognized,
20		evidence-based instrument conducted by an Illinois Department
21		of Human Services approved partner abuse intervention program
22		provider, pretrial service, probation, or parole agency. These
23		agencies shall have access to summaries of the defendant's
24		criminal history, which shall not include victim interviews or
25		information, for the risk evaluation. Based on the information
26		collected from the 12 points to be considered at a bail hearing

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1		under this subsection (f), the results of any risk evaluation
2		conducted and the other circumstances of the violation, the
3		court may order that the person, as a condition of bail, be
4		placed under electronic surveillance as provided in Section
5		5-8A-7 of the Unified Code of Corrections. Upon making a
6		determination whether or not to order the respondent to
7		undergo a risk assessment evaluation or to be placed under
8		electronic surveillance and risk assessment, the court shall
9		document in the record the court's reasons for making those
10		determinations. The cost of the electronic surveillance and
11		risk assessment shall be paid by, or on behalf, of the
12		defendant. As used in this subsection (f), "intimate partner"
13		means a spouse or a current or former partner in a cohabitation
14		or dating relationship.
15		(Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18;
16		revised 7-12-19.)
17		(725 ILCS 5/111-1) (from Ch. 38, par. 111-1)
18		Sec. 111-1. Methods of prosecution.
19		(a) When authorized by law a prosecution may be commenced
20		by:
21		(1) (a) A complaint;
22		(2) (b) An information;
23		(3) (c) An indictment.
24		(b) (d) Upon commencement of a prosecution for a violation
25		of Section 11-501 of the Illinois Vehicle Code, or a similar

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1		provision of a local ordinance, or Section 9-3 of the Criminal
2		Code of 1961 or the Criminal Code of 2012 relating to the
3		offense of reckless homicide, the victims of these offenses
4		shall have all the rights under this Section as they do in
5		Section 4 of the Bill of Rights of Crime for Victims and
6		Witnesses of Violent Crime Act.
7		For the purposes of this Section "victim" shall mean an
8		individual who has suffered personal injury as a result of the
9		commission of a violation of Section 11-501 of the Illinois
10		Vehicle Code, or a similar provision of a local ordinance, or
11		Section 9-3 of the Criminal Code of 1961 or the Criminal Code
12		of 2012 relating to the offense of reckless homicide. In
13		regard to a violation of Section 9-3 of the Criminal Code of
14		1961 or the Criminal Code of 2012 relating to the offense of
15		reckless homicide, "victim" shall also include, but not be
16		limited to, spouse, guardian, parent, or other family member.
17		(c) (e) Upon arrest after commencement of a prosecution
18		for a sex offense against a person known to be an employee, the
19		State's Attorney shall immediately provide the superintendent
20		of schools or school administrator that employs the employee
21		with a copy of the complaint, information, or indictment.
22		For the purposes of this subsection: "employee" has the
23		meaning provided in subsection (a) of Section 24-5 of the
24		School Code; and "sex offense" has the meaning provided in
25		Section 2 of the Sex Offender Registration Act.
26		This subsection shall not be construed to diminish the

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1		rights, privileges, or remedies of an employee under a
2		collective bargaining agreement or employment contract.
3		(Source: P.A. 101-521, eff. 8-23-19; revised 9-8-20.)
4		(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
5		Sec. 112A-23. Enforcement of protective orders.
6		(a) When violation is crime. A violation of any protective
7		order, whether issued in a civil, quasi-criminal proceeding,
8		shall be enforced by a criminal court when:
9		(1) The respondent commits the crime of violation of a
10		domestic violence order of protection pursuant to Section
11		12-3.4 or 12-30 of the Criminal Code of 1961 or the
12		Criminal Code of 2012, by having knowingly violated:
13		(i) remedies described in paragraphs (1), (2),
14		(3), (14), or (14.5) of subsection (b) of Section
15		112A-14 of this Code,
16		(ii) a remedy, which is substantially similar to
17		the remedies authorized under paragraphs (1), (2),
18		(3), (14), or (14.5) of subsection (b) of Section 214
19		of the Illinois Domestic Violence Act of 1986, in a
20		valid order of protection, which is authorized under
21		the laws of another state, tribe or United States
22		territory, or
23		(iii) or any other remedy when the act constitutes
24		a crime against the protected parties as defined by
25		the Criminal Code of 1961 or the Criminal Code of 2012.

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1		Prosecution for a violation of a domestic violence
2		order of protection shall not bar concurrent prosecution
3		for any other crime, including any crime that may have
4		been committed at the time of the violation of the
5		domestic violence order of protection; or
6		(2) The respondent commits the crime of child
7		abduction pursuant to Section 10-5 of the Criminal Code of
8		1961 or the Criminal Code of 2012, by having knowingly
9		violated:
10		(i) remedies described in paragraphs (5), (6), or
11		(8) of subsection (b) of Section 112A-14 of this Code,
12		or
13		(ii) a remedy, which is substantially similar to
14		the remedies authorized under paragraphs (1), (5),
15		(6), or (8) of subsection (b) of Section 214 of the
16		Illinois Domestic Violence Act of 1986, in a valid
17		domestic violence order of protection, which is
18		authorized under the laws of another state, tribe or
19		United States territory.
20		(3) The respondent commits the crime of violation of a
21		civil no contact order when the respondent violates
22		Section 12-3.8 of the Criminal Code of 2012. Prosecution
23		for a violation of a civil no contact order shall not bar
24		concurrent prosecution for any other crime, including any
25		crime that may have been committed at the time of the
26		violation of the civil no contact order.

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1		(4) The respondent commits the crime of violation of a
2		stalking no contact order when the respondent violates
3		Section 12-3.9 of the Criminal Code of 2012. Prosecution
4		for a violation of a stalking no contact order shall not
5		bar concurrent prosecution for any other crime, including
6		any crime that may have been committed at the time of the
7		violation of the stalking no contact order.
8		(b) When violation is contempt of court. A violation of
9		any valid protective order, whether issued in a civil or
10		criminal proceeding, may be enforced through civil or criminal
11		contempt procedures, as appropriate, by any court with
12		jurisdiction, regardless where the act or acts which violated
13		the protective order were committed, to the extent consistent
14		with the venue provisions of this Article. Nothing in this
15		Article shall preclude any Illinois court from enforcing any
16		valid protective order issued in another state. Illinois
17		courts may enforce protective orders through both criminal
18		prosecution and contempt proceedings, unless the action which
19		is second in time is barred by collateral estoppel or the
20		constitutional prohibition against double jeopardy.
21		(1) In a contempt proceeding where the petition for a
22		rule to show cause sets forth facts evidencing an
23		immediate danger that the respondent will flee the
24		jurisdiction, conceal a child, or inflict physical abuse
25		on the petitioner or minor children or on dependent adults
26		in petitioner's care, the court may order the attachment

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1		of the respondent without prior service of the rule to
2		show cause or the petition for a rule to show cause. Bond
3		shall be set unless specifically denied in writing.
4		(2) A petition for a rule to show cause for violation
5		of a protective order shall be treated as an expedited
6		proceeding.
7		(c) Violation of custody, allocation of parental
8		responsibility, or support orders. A violation of remedies
9		described in paragraphs (5), (6), (8), or (9) of subsection
10		(b) of Section 112A-14 of this Code may be enforced by any
11		remedy provided by Section 607.5 of the Illinois Marriage and
12		Dissolution of Marriage Act. The court may enforce any order
13		for support issued under paragraph (12) of subsection (b) of
14		Section 112A-14 of this Code in the manner provided for under
15		Parts V and VII of the Illinois Marriage and Dissolution of
16		Marriage Act.
17		(d) Actual knowledge. A protective order may be enforced
18		pursuant to this Section if the respondent violates the order
19		after respondent has actual knowledge of its contents as shown
20		through one of the following means:
21		(1) (Blank).
22		(2) (Blank).
23		(3) By service of a protective order under subsection
24		(f) of Section 112A-17.5 or Section 112A-22 of this Code.
25		(4) By other means demonstrating actual knowledge of
26		the contents of the order.

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1		(e) The enforcement of a protective order in civil or
2		criminal court shall not be affected by either of the
3		following:
4		(1) The existence of a separate, correlative order
5		entered under Section 112A-15 of this Code.
6		(2) Any finding or order entered in a conjoined
7		criminal proceeding.
8		(f) Circumstances. The court, when determining whether or
9		not a violation of a protective order has occurred, shall not
10		require physical manifestations of abuse on the person of the
11		victim.
12		(g) Penalties.
13		(1) Except as provided in paragraph (3) of this
14		subsection (g), where the court finds the commission of a
15		crime or contempt of court under subsections (a) or (b) of
16		this Section, the penalty shall be the penalty that
17		generally applies in such criminal or contempt
18		proceedings, and may include one or more of the following:
19		incarceration, payment of restitution, a fine, payment of
20		attorneys' fees and costs, or community service.
21		(2) The court shall hear and take into account
22		evidence of any factors in aggravation or mitigation
23		before deciding an appropriate penalty under paragraph (1)
24		of this subsection (g).
25		(3) To the extent permitted by law, the court is
26		encouraged to:

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1		(i) increase the penalty for the knowing violation
2		of any protective order over any penalty previously
3		imposed by any court for respondent's violation of any
4		protective order or penal statute involving petitioner
5		as victim and respondent as defendant;
6		(ii) impose a minimum penalty of 24 hours
7		imprisonment for respondent's first violation of any
8		protective order; and
9		(iii) impose a minimum penalty of 48 hours
10		imprisonment for respondent's second or subsequent
11		violation of a protective order
12		unless the court explicitly finds that an increased
13		penalty or that period of imprisonment would be manifestly
14		unjust.
15		(4) In addition to any other penalties imposed for a
16		violation of a protective order, a criminal court may
17		consider evidence of any violations of a protective order:
18		(i) to increase, revoke, or modify the bail bond
19		on an underlying criminal charge pursuant to Section
20		110-6 of this Code;
21		(ii) to revoke or modify an order of probation,
22		conditional discharge, or supervision, pursuant to
23		Section 5-6-4 of the Unified Code of Corrections;
24		(iii) to revoke or modify a sentence of periodic
25		imprisonment, pursuant to Section 5-7-2 of the Unified
26		Code of Corrections.

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1		(Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18;
2		100-597, eff. 6-29-18; revised 7-12-19.)
3		(725 ILCS 5/124A-20)
4		Sec. 124A-20. Assessment waiver.
5		(a) As used in this Section:
6		"Assessments" means any costs imposed on a criminal
7		defendant under Article 15 of the Criminal and Traffic
8		Assessment Act, but does not include violation of the Illinois
9		Vehicle Code assessments.
10		"Indigent person" means any person who meets one or more
11		of the following criteria:
12		(1) He or she is receiving assistance under one or
13		more of the following means-based governmental public
14		benefits programs: Supplemental Security Income; Aid to
15		the Aged, Blind and Disabled; Temporary Assistance for
16		Needy Families; Supplemental Nutrition Assistance Program;
17		General Assistance; Transitional Assistance; or State
18		Children and Family Assistance.
19		(2) His or her available personal income is 200% or
20		less of the current poverty level, unless the applicant's
21		assets that are not exempt under Part 9 or 10 of Article
22		XII of the Code of Civil Procedure are of a nature and
23		value that the court determines that the applicant is able
24		to pay the assessments.
25		(3) He or she is, in the discretion of the court,

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1		unable to proceed in an action with payment of assessments
2		and whose payment of those assessments would result in
3		substantial hardship to the person or his or her family.
4		"Poverty level" means the current poverty level as
5		established by the United States Department of Health and
6		Human Services.
7		(b) Upon the application of any defendant, after the
8		commencement of an action, but no later than 30 days after
9		sentencing:
10		(1) If the court finds that the applicant is an
11		indigent person, the court shall grant the applicant a
12		full assessment waiver exempting him or her from the
13		payment of any assessments.
14		(2) The court shall grant the applicant a partial
15		assessment as follows:
16		(A) 75% of all assessments shall be waived if the
17		applicant's available income is greater than 200% but
18		no more than 250% of the poverty level, unless the
19		applicant's assets that are not exempt under Part 9 or
20		10 of Article XII of the Code of Civil Procedure are
21		such that the applicant is able, without undue
22		hardship, to pay the total assessments.
23		(B) 50% of all assessments shall be waived if the
24		applicant's available income is greater than 250% but
25		no more than 300% of the poverty level, unless the
26		applicant's assets that are not exempt under Part 9 or

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1		10 of Article XII of the Code of Civil Procedure are
2		such that the court determines that the applicant is
3		able, without undue hardship, to pay a greater portion
4		of the assessments.
5		(C) 25% of all assessments shall be waived if the
6		applicant's available income is greater than 300% but
7		no more than 400% of the poverty level, unless the
8		applicant's assets that are not exempt under Part 9 or
9		10 of Article XII of the Code of Civil Procedure are
10		such that the court determines that the applicant is
11		able, without undue hardship, to pay a greater portion
12		of the assessments.
13		(c) An application for a waiver of assessments shall be in
14		writing, signed by the defendant or, if the defendant is a
15		minor, by another person having knowledge of the facts, and
16		filed no later than 30 days after sentencing. The contents of
17		the application for a waiver of assessments, and the procedure
18		for deciding the applications, shall be established by Supreme
19		Court Rule. Factors to consider in evaluating an application
20		shall include:
21		(1) the applicant's receipt of needs based
22		governmental public benefits, including Supplemental
23		Security Income (SSI); Aid to the Aged, Blind and Disabled
24		(AABD ADBD); Temporary Assistance for Needy Families
25		(TANF); Supplemental Nutrition Assistance Program (SNAP or
26		"food stamps"); General Assistance; Transitional

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1		Assistance; or State Children and Family Assistance;
2		(2) the employment status of the applicant and amount
3		of monthly income, if any;
4		(3) income received from the applicant's pension,
5		Social Security benefits, unemployment benefits, and other
6		sources;
7		(4) income received by the applicant from other
8		household members;
9		(5) the applicant's monthly expenses, including rent,
10		home mortgage, other mortgage, utilities, food, medical,
11		vehicle, childcare, debts, child support, and other
12		expenses; and
13		(6) financial affidavits or other similar supporting
14		documentation provided by the applicant showing that
15		payment of the imposed assessments would result in
16		substantial hardship to the applicant or the applicant's
17		family.
18		(d) The clerk of court shall provide the application for a
19		waiver of assessments to any defendant who indicates an
20		inability to pay the assessments. The clerk of the court shall
21		post in a conspicuous place in the courthouse a notice, no
22		smaller than 8.5 x 11 inches and using no smaller than 30-point
23		typeface printed in English and in Spanish, advising criminal
24		defendants they may ask the court for a waiver of any court
25		ordered assessments. The notice shall be substantially as
26		follows:

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1		"If you are unable to pay the required assessments,
2		you may ask the court to waive payment of them. Ask the
3		clerk of the court for forms."
4		(e) For good cause shown, the court may allow an applicant
5		whose application is denied or who receives a partial
6		assessment waiver to defer payment of the assessments, make
7		installment payments, or make payment upon reasonable terms
8		and conditions stated in the order.
9		(f) Nothing in this Section shall be construed to affect
10		the right of a party to court-appointed counsel, as authorized
11		by any other provision of law or by the rules of the Illinois
12		Supreme Court.
13		(g) The provisions of this Section are severable under
14		Section 1.31 of the Statute on Statutes.
15		(Source: P.A. 100-987, eff. 7-1-19; revised 8-28-20.)
16		Section 740. The Rights of Crime Victims and Witnesses Act
17		is amended by changing Section 4.5 as follows:
18		(725 ILCS 120/4.5)
19		Sec. 4.5. Procedures to implement the rights of crime
20		victims. To afford crime victims their rights, law
21		enforcement, prosecutors, judges, and corrections will provide
22		information, as appropriate, of the following procedures:
23		(a) At the request of the crime victim, law enforcement
24		authorities investigating the case shall provide notice of the

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1		status of the investigation, except where the State's Attorney
2		determines that disclosure of such information would
3		unreasonably interfere with the investigation, until such time
4		as the alleged assailant is apprehended or the investigation
5		is closed.
6		(a-5) When law enforcement authorities reopen a closed
7		case to resume investigating, they shall provide notice of the
8		reopening of the case, except where the State's Attorney
9		determines that disclosure of such information would
10		unreasonably interfere with the investigation.
11		(b) The office of the State's Attorney:
12		(1) shall provide notice of the filing of an
13		information, the return of an indictment, or the filing of
14		a petition to adjudicate a minor as a delinquent for a
15		violent crime;
16		(2) shall provide timely notice of the date, time, and
17		place of court proceedings; of any change in the date,
18		time, and place of court proceedings; and of any
19		cancellation of court proceedings. Notice shall be
20		provided in sufficient time, wherever possible, for the
21		victim to make arrangements to attend or to prevent an
22		unnecessary appearance at court proceedings;
23		(3) or victim advocate personnel shall provide
24		information of social services and financial assistance
25		available for victims of crime, including information of
26		how to apply for these services and assistance;

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1		(3.5) or victim advocate personnel shall provide
2		information about available victim services, including
3		referrals to programs, counselors, and agencies that
4		assist a victim to deal with trauma, loss, and grief;
5		(4) shall assist in having any stolen or other
6		personal property held by law enforcement authorities for
7		evidentiary or other purposes returned as expeditiously as
8		possible, pursuant to the procedures set out in Section
9		115-9 of the Code of Criminal Procedure of 1963;
10		(5) or victim advocate personnel shall provide
11		appropriate employer intercession services to ensure that
12		employers of victims will cooperate with the criminal
13		justice system in order to minimize an employee's loss of
14		pay and other benefits resulting from court appearances;
15		(6) shall provide, whenever possible, a secure waiting
16		area during court proceedings that does not require
17		victims to be in close proximity to defendants or
18		juveniles accused of a violent crime, and their families
19		and friends;
20		(7) shall provide notice to the crime victim of the
21		right to have a translator present at all court
22		proceedings and, in compliance with the federal Americans
23		with Disabilities Act of 1990, the right to communications
24		access through a sign language interpreter or by other
25		means;
26		(8) (blank);

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1		(8.5) shall inform the victim of the right to be
2		present at all court proceedings, unless the victim is to
3		testify and the court determines that the victim's
4		testimony would be materially affected if the victim hears
5		other testimony at trial;
6		(9) shall inform the victim of the right to have
7		present at all court proceedings, subject to the rules of
8		evidence and confidentiality, an advocate and other
9		support person of the victim's choice;
10		(9.3) shall inform the victim of the right to retain
11		an attorney, at the victim's own expense, who, upon
12		written notice filed with the clerk of the court and
13		State's Attorney, is to receive copies of all notices,
14		motions, and court orders filed thereafter in the case, in
15		the same manner as if the victim were a named party in the
16		case;
17		(9.5) shall inform the victim of (A) the victim's
18		right under Section 6 of this Act to make a statement at
19		the sentencing hearing; (B) the right of the victim's
20		spouse, guardian, parent, grandparent, and other immediate
21		family and household members under Section 6 of this Act
22		to present a statement at sentencing; and (C) if a
23		presentence report is to be prepared, the right of the
24		victim's spouse, guardian, parent, grandparent, and other
25		immediate family and household members to submit
26		information to the preparer of the presentence report

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1		about the effect the offense has had on the victim and the
2		person;
3		(10) at the sentencing shall make a good faith attempt
4		to explain the minimum amount of time during which the
5		defendant may actually be physically imprisoned. The
6		Office of the State's Attorney shall further notify the
7		crime victim of the right to request from the Prisoner
8		Review Board or Department of Juvenile Justice information
9		concerning the release of the defendant;
10		(11) shall request restitution at sentencing and as
11		part of a plea agreement if the victim requests
12		restitution;
13		(12) shall, upon the court entering a verdict of not
14		guilty by reason of insanity, inform the victim of the
15		notification services available from the Department of
16		Human Services, including the statewide telephone number,
17		under subparagraph (d)(2) of this Section;
18		(13) shall provide notice within a reasonable time
19		after receipt of notice from the custodian, of the release
20		of the defendant on bail or personal recognizance or the
21		release from detention of a minor who has been detained;
22		(14) shall explain in nontechnical language the
23		details of any plea or verdict of a defendant, or any
24		adjudication of a juvenile as a delinquent;
25		(15) shall make all reasonable efforts to consult with
26		the crime victim before the Office of the State's Attorney

SB2435 Enrolled - 1861 - LRB102 04062 AMC 14078 b
1		makes an offer of a plea bargain to the defendant or enters
2		into negotiations with the defendant concerning a possible
3		plea agreement, and shall consider the written statement,
4		if prepared prior to entering into a plea agreement. The
5		right to consult with the prosecutor does not include the
6		right to veto a plea agreement or to insist the case go to
7		trial. If the State's Attorney has not consulted with the
8		victim prior to making an offer or entering into plea
9		negotiations with the defendant, the Office of the State's
10		Attorney shall notify the victim of the offer or the
11		negotiations within 2 business days and confer with the
12		victim;
13		(16) shall provide notice of the ultimate disposition
14		of the cases arising from an indictment or an information,
15		or a petition to have a juvenile adjudicated as a
16		delinquent for a violent crime;
17		(17) shall provide notice of any appeal taken by the
18		defendant and information on how to contact the
19		appropriate agency handling the appeal, and how to request
20		notice of any hearing, oral argument, or decision of an
21		appellate court;
22		(18) shall provide timely notice of any request for
23		post-conviction review filed by the defendant under
24		Article 122 of the Code of Criminal Procedure of 1963, and
25		of the date, time and place of any hearing concerning the
26		petition. Whenever possible, notice of the hearing shall

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1		be given within 48 hours of the court's scheduling of the
2		hearing; and
3		(19) shall forward a copy of any statement presented
4		under Section 6 to the Prisoner Review Board or Department
5		of Juvenile Justice to be considered in making a
6		determination under Section 3-2.5-85 or subsection (b) of
7		Section 3-3-8 of the Unified Code of Corrections.
8		(c) The court shall ensure that the rights of the victim
9		are afforded.
10		(c-5) The following procedures shall be followed to afford
11		victims the rights guaranteed by Article I, Section 8.1 of the
12		Illinois Constitution:
13		(1) Written notice. A victim may complete a written
14		notice of intent to assert rights on a form prepared by the
15		Office of the Attorney General and provided to the victim
16		by the State's Attorney. The victim may at any time
17		provide a revised written notice to the State's Attorney.
18		The State's Attorney shall file the written notice with
19		the court. At the beginning of any court proceeding in
20		which the right of a victim may be at issue, the court and
21		prosecutor shall review the written notice to determine
22		whether the victim has asserted the right that may be at
23		issue.
24		(2) Victim's retained attorney. A victim's attorney
25		shall file an entry of appearance limited to assertion of
26		the victim's rights. Upon the filing of the entry of

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1		appearance and service on the State's Attorney and the
2		defendant, the attorney is to receive copies of all
3		notices, motions and court orders filed thereafter in the
4		case.
5		(3) Standing. The victim has standing to assert the
6		rights enumerated in subsection (a) of Article I, Section
7		8.1 of the Illinois Constitution and the statutory rights
8		under Section 4 of this Act in any court exercising
9		jurisdiction over the criminal case. The prosecuting
10		attorney, a victim, or the victim's retained attorney may
11		assert the victim's rights. The defendant in the criminal
12		case has no standing to assert a right of the victim in any
13		court proceeding, including on appeal.
14		(4) Assertion of and enforcement of rights.
15		(A) The prosecuting attorney shall assert a
16		victim's right or request enforcement of a right by
17		filing a motion or by orally asserting the right or
18		requesting enforcement in open court in the criminal
19		case outside the presence of the jury. The prosecuting
20		attorney shall consult with the victim and the
21		victim's attorney regarding the assertion or
22		enforcement of a right. If the prosecuting attorney
23		decides not to assert or enforce a victim's right, the
24		prosecuting attorney shall notify the victim or the
25		victim's attorney in sufficient time to allow the
26		victim or the victim's attorney to assert the right or

SB2435 Enrolled - 1864 - LRB102 04062 AMC 14078 b
1		to seek enforcement of a right.
2		(B) If the prosecuting attorney elects not to
3		assert a victim's right or to seek enforcement of a
4		right, the victim or the victim's attorney may assert
5		the victim's right or request enforcement of a right
6		by filing a motion or by orally asserting the right or
7		requesting enforcement in open court in the criminal
8		case outside the presence of the jury.
9		(C) If the prosecuting attorney asserts a victim's
10		right or seeks enforcement of a right, and the court
11		denies the assertion of the right or denies the
12		request for enforcement of a right, the victim or
13		victim's attorney may file a motion to assert the
14		victim's right or to request enforcement of the right
15		within 10 days of the court's ruling. The motion need
16		not demonstrate the grounds for a motion for
17		reconsideration. The court shall rule on the merits of
18		the motion.
19		(D) The court shall take up and decide any motion
20		or request asserting or seeking enforcement of a
21		victim's right without delay, unless a specific time
22		period is specified by law or court rule. The reasons
23		for any decision denying the motion or request shall
24		be clearly stated on the record.
25		(5) Violation of rights and remedies.
26		(A) If the court determines that a victim's right

SB2435 Enrolled - 1865 - LRB102 04062 AMC 14078 b
1		has been violated, the court shall determine the
2		appropriate remedy for the violation of the victim's
3		right by hearing from the victim and the parties,
4		considering all factors relevant to the issue, and
5		then awarding appropriate relief to the victim.
6		(A-5) Consideration of an issue of a substantive
7		nature or an issue that implicates the constitutional
8		or statutory right of a victim at a court proceeding
9		labeled as a status hearing shall constitute a per se
10		violation of a victim's right.
11		(B) The appropriate remedy shall include only
12		actions necessary to provide the victim the right to
13		which the victim was entitled and may include
14		reopening previously held proceedings; however, in no
15		event shall the court vacate a conviction. Any remedy
16		shall be tailored to provide the victim an appropriate
17		remedy without violating any constitutional right of
18		the defendant. In no event shall the appropriate
19		remedy be a new trial, damages, or costs.
20		(6) Right to be heard. Whenever a victim has the right
21		to be heard, the court shall allow the victim to exercise
22		the right in any reasonable manner the victim chooses.
23		(7) Right to attend trial. A party must file a written
24		motion to exclude a victim from trial at least 60 days
25		prior to the date set for trial. The motion must state with
26		specificity the reason exclusion is necessary to protect a

SB2435 Enrolled - 1866 - LRB102 04062 AMC 14078 b
1		constitutional right of the party, and must contain an
2		offer of proof. The court shall rule on the motion within
3		30 days. If the motion is granted, the court shall set
4		forth on the record the facts that support its finding
5		that the victim's testimony will be materially affected if
6		the victim hears other testimony at trial.
7		(8) Right to have advocate and support person present
8		at court proceedings.
9		(A) A party who intends to call an advocate as a
10		witness at trial must seek permission of the court
11		before the subpoena is issued. The party must file a
12		written motion at least 90 days before trial that sets
13		forth specifically the issues on which the advocate's
14		testimony is sought and an offer of proof regarding
15		(i) the content of the anticipated testimony of the
16		advocate; and (ii) the relevance, admissibility, and
17		materiality of the anticipated testimony. The court
18		shall consider the motion and make findings within 30
19		days of the filing of the motion. If the court finds by
20		a preponderance of the evidence that: (i) the
21		anticipated testimony is not protected by an absolute
22		privilege; and (ii) the anticipated testimony contains
23		relevant, admissible, and material evidence that is
24		not available through other witnesses or evidence, the
25		court shall issue a subpoena requiring the advocate to
26		appear to testify at an in camera hearing. The

SB2435 Enrolled - 1867 - LRB102 04062 AMC 14078 b
1		prosecuting attorney and the victim shall have 15 days
2		to seek appellate review before the advocate is
3		required to testify at an ex parte in camera
4		proceeding.
5		The prosecuting attorney, the victim, and the
6		advocate's attorney shall be allowed to be present at
7		the ex parte in camera proceeding. If, after
8		conducting the ex parte in camera hearing, the court
9		determines that due process requires any testimony
10		regarding confidential or privileged information or
11		communications, the court shall provide to the
12		prosecuting attorney, the victim, and the advocate's
13		attorney a written memorandum on the substance of the
14		advocate's testimony. The prosecuting attorney, the
15		victim, and the advocate's attorney shall have 15 days
16		to seek appellate review before a subpoena may be
17		issued for the advocate to testify at trial. The
18		presence of the prosecuting attorney at the ex parte
19		in camera proceeding does not make the substance of
20		the advocate's testimony that the court has ruled
21		inadmissible subject to discovery.
22		(B) If a victim has asserted the right to have a
23		support person present at the court proceedings, the
24		victim shall provide the name of the person the victim
25		has chosen to be the victim's support person to the
26		prosecuting attorney, within 60 days of trial. The

SB2435 Enrolled - 1868 - LRB102 04062 AMC 14078 b
1		prosecuting attorney shall provide the name to the
2		defendant. If the defendant intends to call the
3		support person as a witness at trial, the defendant
4		must seek permission of the court before a subpoena is
5		issued. The defendant must file a written motion at
6		least 45 days prior to trial that sets forth
7		specifically the issues on which the support person
8		will testify and an offer of proof regarding: (i) the
9		content of the anticipated testimony of the support
10		person; and (ii) the relevance, admissibility, and
11		materiality of the anticipated testimony.
12		If the prosecuting attorney intends to call the
13		support person as a witness during the State's
14		case-in-chief, the prosecuting attorney shall inform
15		the court of this intent in the response to the
16		defendant's written motion. The victim may choose a
17		different person to be the victim's support person.
18		The court may allow the defendant to inquire about
19		matters outside the scope of the direct examination
20		during cross-examination. If the court allows the
21		defendant to do so, the support person shall be
22		allowed to remain in the courtroom after the support
23		person has testified. A defendant who fails to
24		question the support person about matters outside the
25		scope of direct examination during the State's
26		case-in-chief waives the right to challenge the

SB2435 Enrolled - 1869 - LRB102 04062 AMC 14078 b
1		presence of the support person on appeal. The court
2		shall allow the support person to testify if called as
3		a witness in the defendant's case-in-chief or the
4		State's rebuttal.
5		If the court does not allow the defendant to
6		inquire about matters outside the scope of the direct
7		examination, the support person shall be allowed to
8		remain in the courtroom after the support person has
9		been called by the defendant or the defendant has
10		rested. The court shall allow the support person to
11		testify in the State's rebuttal.
12		If the prosecuting attorney does not intend to
13		call the support person in the State's case-in-chief,
14		the court shall verify with the support person whether
15		the support person, if called as a witness, would
16		testify as set forth in the offer of proof. If the
17		court finds that the support person would testify as
18		set forth in the offer of proof, the court shall rule
19		on the relevance, materiality, and admissibility of
20		the anticipated testimony. If the court rules the
21		anticipated testimony is admissible, the court shall
22		issue the subpoena. The support person may remain in
23		the courtroom after the support person testifies and
24		shall be allowed to testify in rebuttal.
25		If the court excludes the victim's support person
26		during the State's case-in-chief, the victim shall be

SB2435 Enrolled - 1870 - LRB102 04062 AMC 14078 b
1		allowed to choose another support person to be present
2		in court.
3		If the victim fails to designate a support person
4		within 60 days of trial and the defendant has
5		subpoenaed the support person to testify at trial, the
6		court may exclude the support person from the trial
7		until the support person testifies. If the court
8		excludes the support person the victim may choose
9		another person as a support person.
10		(9) Right to notice and hearing before disclosure of
11		confidential or privileged information or records. A
12		defendant who seeks to subpoena records of or concerning
13		the victim that are confidential or privileged by law must
14		seek permission of the court before the subpoena is
15		issued. The defendant must file a written motion and an
16		offer of proof regarding the relevance, admissibility and
17		materiality of the records. If the court finds by a
18		preponderance of the evidence that: (A) the records are
19		not protected by an absolute privilege and (B) the records
20		contain relevant, admissible, and material evidence that
21		is not available through other witnesses or evidence, the
22		court shall issue a subpoena requiring a sealed copy of
23		the records be delivered to the court to be reviewed in
24		camera. If, after conducting an in camera review of the
25		records, the court determines that due process requires
26		disclosure of any portion of the records, the court shall

SB2435 Enrolled - 1871 - LRB102 04062 AMC 14078 b
1		provide copies of what it intends to disclose to the
2		prosecuting attorney and the victim. The prosecuting
3		attorney and the victim shall have 30 days to seek
4		appellate review before the records are disclosed to the
5		defendant. The disclosure of copies of any portion of the
6		records to the prosecuting attorney does not make the
7		records subject to discovery.
8		(10) Right to notice of court proceedings. If the
9		victim is not present at a court proceeding in which a
10		right of the victim is at issue, the court shall ask the
11		prosecuting attorney whether the victim was notified of
12		the time, place, and purpose of the court proceeding and
13		that the victim had a right to be heard at the court
14		proceeding. If the court determines that timely notice was
15		not given or that the victim was not adequately informed
16		of the nature of the court proceeding, the court shall not
17		rule on any substantive issues, accept a plea, or impose a
18		sentence and shall continue the hearing for the time
19		necessary to notify the victim of the time, place and
20		nature of the court proceeding. The time between court
21		proceedings shall not be attributable to the State under
22		Section 103-5 of the Code of Criminal Procedure of 1963.
23		(11) Right to timely disposition of the case. A victim
24		has the right to timely disposition of the case so as to
25		minimize the stress, cost, and inconvenience resulting
26		from the victim's involvement in the case. Before ruling

SB2435 Enrolled - 1872 - LRB102 04062 AMC 14078 b
1		on a motion to continue trial or other court proceeding,
2		the court shall inquire into the circumstances for the
3		request for the delay and, if the victim has provided
4		written notice of the assertion of the right to a timely
5		disposition, and whether the victim objects to the delay.
6		If the victim objects, the prosecutor shall inform the
7		court of the victim's objections. If the prosecutor has
8		not conferred with the victim about the continuance, the
9		prosecutor shall inform the court of the attempts to
10		confer. If the court finds the attempts of the prosecutor
11		to confer with the victim were inadequate to protect the
12		victim's right to be heard, the court shall give the
13		prosecutor at least 3 but not more than 5 business days to
14		confer with the victim. In ruling on a motion to continue,
15		the court shall consider the reasons for the requested
16		continuance, the number and length of continuances that
17		have been granted, the victim's objections and procedures
18		to avoid further delays. If a continuance is granted over
19		the victim's objection, the court shall specify on the
20		record the reasons for the continuance and the procedures
21		that have been or will be taken to avoid further delays.
22		(12) Right to Restitution.
23		(A) If the victim has asserted the right to
24		restitution and the amount of restitution is known at
25		the time of sentencing, the court shall enter the
26		judgment of restitution at the time of sentencing.

SB2435 Enrolled - 1873 - LRB102 04062 AMC 14078 b
1		(B) If the victim has asserted the right to
2		restitution and the amount of restitution is not known
3		at the time of sentencing, the prosecutor shall,
4		within 5 days after sentencing, notify the victim what
5		information and documentation related to restitution
6		is needed and that the information and documentation
7		must be provided to the prosecutor within 45 days
8		after sentencing. Failure to timely provide
9		information and documentation related to restitution
10		shall be deemed a waiver of the right to restitution.
11		The prosecutor shall file and serve within 60 days
12		after sentencing a proposed judgment for restitution
13		and a notice that includes information concerning the
14		identity of any victims or other persons seeking
15		restitution, whether any victim or other person
16		expressly declines restitution, the nature and amount
17		of any damages together with any supporting
18		documentation, a restitution amount recommendation,
19		and the names of any co-defendants and their case
20		numbers. Within 30 days after receipt of the proposed
21		judgment for restitution, the defendant shall file any
22		objection to the proposed judgment, a statement of
23		grounds for the objection, and a financial statement.
24		If the defendant does not file an objection, the court
25		may enter the judgment for restitution without further
26		proceedings. If the defendant files an objection and

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1		either party requests a hearing, the court shall
2		schedule a hearing.
3		(13) Access to presentence reports.
4		(A) The victim may request a copy of the
5		presentence report prepared under the Unified Code of
6		Corrections from the State's Attorney. The State's
7		Attorney shall redact the following information before
8		providing a copy of the report:
9		(i) the defendant's mental history and
10		condition;
11		(ii) any evaluation prepared under subsection
12		(b) or (b-5) of Section 5-3-2; and
13		(iii) the name, address, phone number, and
14		other personal information about any other victim.
15		(B) The State's Attorney or the defendant may
16		request the court redact other information in the
17		report that may endanger the safety of any person.
18		(C) The State's Attorney may orally disclose to
19		the victim any of the information that has been
20		redacted if there is a reasonable likelihood that the
21		information will be stated in court at the sentencing.
22		(D) The State's Attorney must advise the victim
23		that the victim must maintain the confidentiality of
24		the report and other information. Any dissemination of
25		the report or information that was not stated at a
26		court proceeding constitutes indirect criminal

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1		contempt of court.
2		(14) Appellate relief. If the trial court denies the
3		relief requested, the victim, the victim's attorney, or
4		the prosecuting attorney may file an appeal within 30 days
5		of the trial court's ruling. The trial or appellate court
6		may stay the court proceedings if the court finds that a
7		stay would not violate a constitutional right of the
8		defendant. If the appellate court denies the relief
9		sought, the reasons for the denial shall be clearly stated
10		in a written opinion. In any appeal in a criminal case, the
11		State may assert as error the court's denial of any crime
12		victim's right in the proceeding to which the appeal
13		relates.
14		(15) Limitation on appellate relief. In no case shall
15		an appellate court provide a new trial to remedy the
16		violation of a victim's right.
17		(16) The right to be reasonably protected from the
18		accused throughout the criminal justice process and the
19		right to have the safety of the victim and the victim's
20		family considered in denying or fixing the amount of bail,
21		determining whether to release the defendant, and setting
22		conditions of release after arrest and conviction. A
23		victim of domestic violence, a sexual offense, or stalking
24		may request the entry of a protective order under Article
25		112A of the Code of Criminal Procedure of 1963.
26		(d) Procedures after the imposition of sentence.

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1		(1) The Prisoner Review Board shall inform a victim or
2		any other concerned citizen, upon written request, of the
3		prisoner's release on parole, mandatory supervised
4		release, electronic detention, work release, international
5		transfer or exchange, or by the custodian, other than the
6		Department of Juvenile Justice, of the discharge of any
7		individual who was adjudicated a delinquent for a crime
8		from State custody and by the sheriff of the appropriate
9		county of any such person's final discharge from county
10		custody. The Prisoner Review Board, upon written request,
11		shall provide to a victim or any other concerned citizen a
12		recent photograph of any person convicted of a felony,
13		upon his or her release from custody. The Prisoner Review
14		Board, upon written request, shall inform a victim or any
15		other concerned citizen when feasible at least 7 days
16		prior to the prisoner's release on furlough of the times
17		and dates of such furlough. Upon written request by the
18		victim or any other concerned citizen, the State's
19		Attorney shall notify the person once of the times and
20		dates of release of a prisoner sentenced to periodic
21		imprisonment. Notification shall be based on the most
22		recent information as to victim's or other concerned
23		citizen's residence or other location available to the
24		notifying authority.
25		(2) When the defendant has been committed to the
26		Department of Human Services pursuant to Section 5-2-4 or

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1		any other provision of the Unified Code of Corrections,
2		the victim may request to be notified by the releasing
3		authority of the approval by the court of an on-grounds
4		pass, a supervised off-grounds pass, an unsupervised
5		off-grounds pass, or conditional release; the release on
6		an off-grounds pass; the return from an off-grounds pass;
7		transfer to another facility; conditional release; escape;
8		death; or final discharge from State custody. The
9		Department of Human Services shall establish and maintain
10		a statewide telephone number to be used by victims to make
11		notification requests under these provisions and shall
12		publicize this telephone number on its website and to the
13		State's Attorney of each county.
14		(3) In the event of an escape from State custody, the
15		Department of Corrections or the Department of Juvenile
16		Justice immediately shall notify the Prisoner Review Board
17		of the escape and the Prisoner Review Board shall notify
18		the victim. The notification shall be based upon the most
19		recent information as to the victim's residence or other
20		location available to the Board. When no such information
21		is available, the Board shall make all reasonable efforts
22		to obtain the information and make the notification. When
23		the escapee is apprehended, the Department of Corrections
24		or the Department of Juvenile Justice immediately shall
25		notify the Prisoner Review Board and the Board shall
26		notify the victim.

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1		(4) The victim of the crime for which the prisoner has
2		been sentenced has the right to register with the Prisoner
3		Review Board's victim registry. Victims registered with
4		the Board shall receive reasonable written notice not less
5		than 30 days prior to the parole hearing or target
6		aftercare release date. The victim has the right to submit
7		a victim statement for consideration by the Prisoner
8		Review Board or the Department of Juvenile Justice in
9		writing, on film, videotape, or other electronic means, or
10		in the form of a recording prior to the parole hearing or
11		target aftercare release date, or in person at the parole
12		hearing or aftercare release protest hearing, or by
13		calling the toll-free number established in subsection (f)
14		of this Section., The victim shall be notified within 7
15		days after the prisoner has been granted parole or
16		aftercare release and shall be informed of the right to
17		inspect the registry of parole decisions, established
18		under subsection (g) of Section 3-3-5 of the Unified Code
19		of Corrections. The provisions of this paragraph (4) are
20		subject to the Open Parole Hearings Act. Victim statements
21		provided to the Board shall be confidential and
22		privileged, including any statements received prior to
23		January 1, 2020 (the effective date of Public Act 101-288)
24		this amendatory Act of the 101st General Assembly, except
25		if the statement was an oral statement made by the victim
26		at a hearing open to the public.

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1		(4-1) The crime victim has the right to submit a
2		victim statement for consideration by the Prisoner Review
3		Board or the Department of Juvenile Justice prior to or at
4		a hearing to determine the conditions of mandatory
5		supervised release of a person sentenced to a determinate
6		sentence or at a hearing on revocation of mandatory
7		supervised release of a person sentenced to a determinate
8		sentence. A victim statement may be submitted in writing,
9		on film, videotape, or other electronic means, or in the
10		form of a recording, or orally at a hearing, or by calling
11		the toll-free number established in subsection (f) of this
12		Section. Victim statements provided to the Board shall be
13		confidential and privileged, including any statements
14		received prior to January 1, 2020 (the effective date of
15		Public Act 101-288) this amendatory Act of the 101st
16		General Assembly, except if the statement was an oral
17		statement made by the victim at a hearing open to the
18		public.
19		(4-2) The crime victim has the right to submit a
20		victim statement to the Prisoner Review Board for
21		consideration at an executive clemency hearing as provided
22		in Section 3-3-13 of the Unified Code of Corrections. A
23		victim statement may be submitted in writing, on film,
24		videotape, or other electronic means, or in the form of a
25		recording prior to a hearing, or orally at a hearing, or by
26		calling the toll-free number established in subsection (f)

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1		of this Section. Victim statements provided to the Board
2		shall be confidential and privileged, including any
3		statements received prior to January 1, 2020 (the
4		effective date of Public Act 101-288) this amendatory Act
5		of the 101st General Assembly, except if the statement was
6		an oral statement made by the victim at a hearing open to
7		the public.
8		(5) If a statement is presented under Section 6, the
9		Prisoner Review Board or Department of Juvenile Justice
10		shall inform the victim of any order of discharge pursuant
11		to Section 3-2.5-85 or 3-3-8 of the Unified Code of
12		Corrections.
13		(6) At the written or oral request of the victim of the
14		crime for which the prisoner was sentenced or the State's
15		Attorney of the county where the person seeking parole or
16		aftercare release was prosecuted, the Prisoner Review
17		Board or Department of Juvenile Justice shall notify the
18		victim and the State's Attorney of the county where the
19		person seeking parole or aftercare release was prosecuted
20		of the death of the prisoner if the prisoner died while on
21		parole or aftercare release or mandatory supervised
22		release.
23		(7) When a defendant who has been committed to the
24		Department of Corrections, the Department of Juvenile
25		Justice, or the Department of Human Services is released
26		or discharged and subsequently committed to the Department

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1		of Human Services as a sexually violent person and the
2		victim had requested to be notified by the releasing
3		authority of the defendant's discharge, conditional
4		release, death, or escape from State custody, the
5		releasing authority shall provide to the Department of
6		Human Services such information that would allow the
7		Department of Human Services to contact the victim.
8		(8) When a defendant has been convicted of a sex
9		offense as defined in Section 2 of the Sex Offender
10		Registration Act and has been sentenced to the Department
11		of Corrections or the Department of Juvenile Justice, the
12		Prisoner Review Board or the Department of Juvenile
13		Justice shall notify the victim of the sex offense of the
14		prisoner's eligibility for release on parole, aftercare
15		release, mandatory supervised release, electronic
16		detention, work release, international transfer or
17		exchange, or by the custodian of the discharge of any
18		individual who was adjudicated a delinquent for a sex
19		offense from State custody and by the sheriff of the
20		appropriate county of any such person's final discharge
21		from county custody. The notification shall be made to the
22		victim at least 30 days, whenever possible, before release
23		of the sex offender.
24		(e) The officials named in this Section may satisfy some
25		or all of their obligations to provide notices and other
26		information through participation in a statewide victim and

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1		witness notification system established by the Attorney
2		General under Section 8.5 of this Act.
3		(f) The Prisoner Review Board shall establish a toll-free
4		number that may be accessed by the crime victim to present a
5		victim statement to the Board in accordance with paragraphs
6		(4), (4-1), and (4-2) of subsection (d).
7		(Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19;
8		101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)
9		Section 745. The Unified Code of Corrections is amended by
10		changing Sections 3-1-2, 3-2.5-20, 3-3-2, 3-6-3, 3-8-5,
11		3-14-1, 5-2-4, 5-3-2, 5-5-3.2, and 5-6-3 and by setting forth
12		and renumbering multiple versions of Section 3-2-2.3 as
13		follows:
14		(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
15		Sec. 3-1-2. Definitions.
16		(a) "Chief Administrative Officer" means the person
17		designated by the Director to exercise the powers and duties
18		of the Department of Corrections in regard to committed
19		persons within a correctional institution or facility, and
20		includes the superintendent of any juvenile institution or
21		facility.
22		(a-3) "Aftercare release" means the conditional and
23		revocable release of a person committed to the Department of
24		Juvenile Justice under the Juvenile Court Act of 1987, under

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1		the supervision of the Department of Juvenile Justice.
2		(a-5) "Sex offense" for the purposes of paragraph (16) of
3		subsection (a) of Section 3-3-7, paragraph (10) of subsection
4		(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
5		Section 5-6-3.1 only means:
6		(i) A violation of any of the following Sections of
7		the Criminal Code of 1961 or the Criminal Code of 2012:
8		10-7 (aiding or abetting child abduction under Section
9		10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
10		solicitation of a child), 11-6.5 (indecent solicitation of
11		an adult), 11-14.4 (promoting juvenile prostitution),
12		11-15.1 (soliciting for a juvenile prostitute), 11-17.1
13		(keeping a place of juvenile prostitution), 11-18.1
14		(patronizing a juvenile prostitute), 11-19.1 (juvenile
15		pimping), 11-19.2 (exploitation of a child), 11-20.1
16		(child pornography), 11-20.1B or 11-20.3 (aggravated child
17		pornography), 11-1.40 or 12-14.1 (predatory criminal
18		sexual assault of a child), or 12-33 (ritualized abuse of
19		a child). An attempt to commit any of these offenses.
20		(ii) A violation of any of the following Sections of
21		the Criminal Code of 1961 or the Criminal Code of 2012:
22		11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
23		12-14 (aggravated criminal sexual assault), 11-1.60 or
24		12-16 (aggravated criminal sexual abuse), and subsection
25		(a) of Section 11-1.50 or subsection (a) of Section 12-15
26		(criminal sexual abuse). An attempt to commit any of these

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1		offenses.
2		(iii) A violation of any of the following Sections of
3		the Criminal Code of 1961 or the Criminal Code of 2012 when
4		the defendant is not a parent of the victim:
5		10-1 (kidnapping),
6		10-2 (aggravated kidnapping),
7		10-3 (unlawful restraint),
8		10-3.1 (aggravated unlawful restraint).
9		An attempt to commit any of these offenses.
10		(iv) A violation of any former law of this State
11		substantially equivalent to any offense listed in this
12		subsection (a-5).
13		An offense violating federal law or the law of another
14		state that is substantially equivalent to any offense listed
15		in this subsection (a-5) shall constitute a sex offense for
16		the purpose of this subsection (a-5). A finding or
17		adjudication as a sexually dangerous person under any federal
18		law or law of another state that is substantially equivalent
19		to the Sexually Dangerous Persons Act shall constitute an
20		adjudication for a sex offense for the purposes of this
21		subsection (a-5).
22		(b) "Commitment" means a judicially determined placement
23		in the custody of the Department of Corrections on the basis of
24		delinquency or conviction.
25		(c) "Committed person" is a person committed to the
26		Department, however a committed person shall not be considered

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1		to be an employee of the Department of Corrections for any
2		purpose, including eligibility for a pension, benefits, or any
3		other compensation or rights or privileges which may be
4		provided to employees of the Department.
5		(c-5) "Computer scrub software" means any third-party
6		added software, designed to delete information from the
7		computer unit, the hard drive, or other software, which would
8		eliminate and prevent discovery of browser activity,
9		including, but not limited to, Internet history, address bar
10		or bars, cache or caches, and/or cookies, and which would
11		over-write files in a way so as to make previous computer
12		activity, including, but not limited to, website access, more
13		difficult to discover.
14		(c-10) "Content-controlled tablet" means any device that
15		can only access visitation applications or content relating to
16		educational or personal development.
17		(d) "Correctional institution or facility" means any
18		building or part of a building where committed persons are
19		kept in a secured manner.
20		(e) "Department" means both the Department of Corrections
21		and the Department of Juvenile Justice of this State, unless
22		the context is specific to either the Department of
23		Corrections or the Department of Juvenile Justice.
24		(f) "Director" means both the Director of Corrections and
25		the Director of Juvenile Justice, unless the context is
26		specific to either the Director of Corrections or the Director

SB2435 Enrolled - 1886 - LRB102 04062 AMC 14078 b
1		of Juvenile Justice.
2		(f-5) (Blank).
3		(g) "Discharge" means the final termination of a
4		commitment to the Department of Corrections.
5		(h) "Discipline" means the rules and regulations for the
6		maintenance of order and the protection of persons and
7		property within the institutions and facilities of the
8		Department and their enforcement.
9		(i) "Escape" means the intentional and unauthorized
10		absence of a committed person from the custody of the
11		Department.
12		(j) "Furlough" means an authorized leave of absence from
13		the Department of Corrections for a designated purpose and
14		period of time.
15		(k) "Parole" means the conditional and revocable release
16		of a person committed to the Department of Corrections under
17		the supervision of a parole officer.
18		(l) "Prisoner Review Board" means the Board established in
19		Section 3-3-1(a), independent of the Department, to review
20		rules and regulations with respect to good time credits, to
21		hear charges brought by the Department against certain
22		prisoners alleged to have violated Department rules with
23		respect to good time credits, to set release dates for certain
24		prisoners sentenced under the law in effect prior to February
25		1, 1978 (the effective date of Public Act 80-1099) this
26		Amendatory Act of 1977, to hear and decide the time of

SB2435 Enrolled - 1887 - LRB102 04062 AMC 14078 b
1		aftercare release for persons committed to the Department of
2		Juvenile Justice under the Juvenile Court Act of 1987 to hear
3		requests and make recommendations to the Governor with respect
4		to pardon, reprieve or commutation, to set conditions for
5		parole, aftercare release, and mandatory supervised release
6		and determine whether violations of those conditions justify
7		revocation of parole or release, and to assume all other
8		functions previously exercised by the Illinois Parole and
9		Pardon Board.
10		(m) Whenever medical treatment, service, counseling, or
11		care is referred to in this Unified Code of Corrections, such
12		term may be construed by the Department or Court, within its
13		discretion, to include treatment, service, or counseling by a
14		Christian Science practitioner or nursing care appropriate
15		therewith whenever request therefor is made by a person
16		subject to the provisions of this Code Act.
17		(n) "Victim" shall have the meaning ascribed to it in
18		subsection (a) of Section 3 of the Bill of Rights of Crime for
19		Victims and Witnesses of Violent Crime Act.
20		(o) "Wrongfully imprisoned person" means a person who has
21		been discharged from a prison of this State and has received:
22		(1) a pardon from the Governor stating that such
23		pardon is issued on the ground of innocence of the crime
24		for which he or she was imprisoned; or
25		(2) a certificate of innocence from the Circuit Court
26		as provided in Section 2-702 of the Code of Civil

SB2435 Enrolled - 1888 - LRB102 04062 AMC 14078 b
1		Procedure.
2		(Source: P.A. 100-198, eff. 1-1-18; revised 9-21-20.)
3		(730 ILCS 5/3-2-2.3)
4		Sec. 3-2-2.3. Voting rights information.
5		(a) The Department shall make available to a person in its
6		custody current resource materials, maintained by the Illinois
7		State Board of Elections, containing detailed information
8		regarding the voting rights of a person with a criminal
9		conviction in the following formats:
10		(1) in print;
11		(2) on the Department's website; and
12		(3) in a visible location on the premises of each
13		Department facility where notices are customarily posted.
14		(b) The current resource materials described under
15		subsection (a) shall be provided upon release of a person on
16		parole, mandatory supervised release, final discharge, or
17		pardon from the Department.
18		(Source: P.A. 101-442, eff. 1-1-20.)
19		(730 ILCS 5/3-2-2.4)
20		(Section scheduled to be repealed on January 1, 2022)
21		Sec. 3-2-2.4 3-2-2.3. Tamms Minimum Security Unit Task
22		Force.
23		(a) The Tamms Minimum Security Unit Task Force is created
24		to study using the Tamms Minimum Security Unit as a vocational

SB2435 Enrolled - 1889 - LRB102 04062 AMC 14078 b
1		training facility for the Department of Corrections. The
2		membership of the Task Force shall include:
3		(1) one member to serve as chair, appointed by the
4		Lieutenant Governor;
5		(2) one member of the House of Representatives
6		appointed by the Speaker of the House of Representatives;
7		(3) one member of the House of Representatives
8		appointed by the Minority Leader of the House of
9		Representatives;
10		(4) one member of the Senate appointed by the Senate
11		President;
12		(5) one member of the Senate appointed by the Senate
13		Minority Leader;
14		(6) the Director of Corrections or his or her
15		designee;
16		(7) one member of a labor organization representing a
17		plurality of Department of Corrections employees;
18		(8) one member representing Shawnee Community College,
19		appointed by the President of Shawnee Community College;
20		(9) one member representing Southern Illinois
21		University, appointed by the President of Southern
22		Illinois University;
23		(10) the mayor of Tamms, Illinois; and
24		(11) one member representing Alexander County,
25		appointed by the Chairman of the Alexander County Board.
26		(b) Each member of the Task Force shall serve without

SB2435 Enrolled - 1890 - LRB102 04062 AMC 14078 b
1		compensation. The members of the Task Force shall select a
2		Chairperson. The Task Force shall meet 2 times per year or at
3		the call of the Chairperson. The Department of Corrections
4		shall provide administrative support to the Task Force.
5		(c) The Task Force shall submit a report to the Governor
6		and the General Assembly on or before December 31, 2020 with
7		its recommendations. The Task Force is dissolved on January 1,
8		2021.
9		(d) This Section is repealed on January 1, 2022.
10		(Source: P.A. 101-449, eff. 1-1-20; revised 10-23-19.)
11		(730 ILCS 5/3-2.5-20)
12		Sec. 3-2.5-20. General powers and duties.
13		(a) In addition to the powers, duties, and
14		responsibilities which are otherwise provided by law or
15		transferred to the Department as a result of this Article, the
16		Department, as determined by the Director, shall have, but is
17		are not limited to, the following rights, powers, functions,
18		and duties:
19		(1) To accept juveniles committed to it by the courts
20		of this State for care, custody, treatment, and
21		rehabilitation.
22		(2) To maintain and administer all State juvenile
23		correctional institutions previously under the control of
24		the Juvenile and Women's & Children Divisions of the
25		Department of Corrections, and to establish and maintain

SB2435 Enrolled - 1891 - LRB102 04062 AMC 14078 b
1		institutions as needed to meet the needs of the youth
2		committed to its care.
3		(3) To identify the need for and recommend the funding
4		and implementation of an appropriate mix of programs and
5		services within the juvenile justice continuum, including,
6		but not limited to, prevention, nonresidential and
7		residential commitment programs, day treatment, and
8		conditional release programs and services, with the
9		support of educational, vocational, alcohol, drug abuse,
10		and mental health services where appropriate.
11		(3.5) To assist youth committed to the Department of
12		Juvenile Justice under the Juvenile Court Act of 1987 with
13		successful reintegration into society, the Department
14		shall retain custody and control of all adjudicated
15		delinquent juveniles released under Section 3-2.5-85 or
16		3-3-10 of this Code, shall provide a continuum of
17		post-release treatment and services to those youth, and
18		shall supervise those youth during their release period in
19		accordance with the conditions set by the Department or
20		the Prisoner Review Board.
21		(4) To establish and provide transitional and
22		post-release treatment programs for juveniles committed to
23		the Department. Services shall include, but are not
24		limited to:
25		(i) family and individual counseling and treatment
26		placement;

SB2435 Enrolled - 1892 - LRB102 04062 AMC 14078 b
1		(ii) referral services to any other State or local
2		agencies;
3		(iii) mental health services;
4		(iv) educational services;
5		(v) family counseling services; and
6		(vi) substance abuse services.
7		(5) To access vital records of juveniles for the
8		purposes of providing necessary documentation for
9		transitional services such as obtaining identification,
10		educational enrollment, employment, and housing.
11		(6) To develop staffing and workload standards and
12		coordinate staff development and training appropriate for
13		juvenile populations.
14		(6.5) To develop policies and procedures promoting
15		family engagement and visitation appropriate for juvenile
16		populations.
17		(7) To develop, with the approval of the Office of the
18		Governor and the Governor's Office of Management and
19		Budget, annual budget requests.
20		(8) To administer the Interstate Compact for
21		Juveniles, with respect to all juveniles under its
22		jurisdiction, and to cooperate with the Department of
23		Human Services with regard to all non-offender juveniles
24		subject to the Interstate Compact for Juveniles.
25		(9) To decide the date of release on aftercare for
26		youth committed to the Department under Section 5-750 of

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1		the Juvenile Court Act of 1987.
2		(10) To set conditions of aftercare release for all
3		youth committed to the Department under the Juvenile Court
4		Act of 1987.
5		(b) The Department may employ personnel in accordance with
6		the Personnel Code and Section 3-2.5-15 of this Code, provide
7		facilities, contract for goods and services, and adopt rules
8		as necessary to carry out its functions and purposes, all in
9		accordance with applicable State and federal law.
10		(c) On and after the date 6 months after August 16, 2013
11		(the effective date of Public Act 98-488), as provided in the
12		Executive Order 1 (2012) Implementation Act, all of the
13		powers, duties, rights, and responsibilities related to State
14		healthcare purchasing under this Code that were transferred
15		from the Department of Corrections to the Department of
16		Healthcare and Family Services by Executive Order 3 (2005) are
17		transferred back to the Department of Corrections; however,
18		powers, duties, rights, and responsibilities related to State
19		healthcare purchasing under this Code that were exercised by
20		the Department of Corrections before the effective date of
21		Executive Order 3 (2005) but that pertain to individuals
22		resident in facilities operated by the Department of Juvenile
23		Justice are transferred to the Department of Juvenile Justice.
24		(Source: P.A. 101-219, eff. 1-1-20; revised 9-24-19.)
25		(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)

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1		Sec. 3-3-2. Powers and duties.
2		(a) The Parole and Pardon Board is abolished and the term
3		"Parole and Pardon Board" as used in any law of Illinois, shall
4		read "Prisoner Review Board." After February 1, 1978 (the
5		effective date of Public Act 81-1099) this amendatory Act of
6		1977, the Prisoner Review Board shall provide by rule for the
7		orderly transition of all files, records, and documents of the
8		Parole and Pardon Board and for such other steps as may be
9		necessary to effect an orderly transition and shall:
10		(1) hear by at least one member and through a panel of
11		at least 3 members decide, cases of prisoners who were
12		sentenced under the law in effect prior to February 1,
13		1978 (the effective date of Public Act 81-1099) this
14		amendatory Act of 1977, and who are eligible for parole;
15		(2) hear by at least one member and through a panel of
16		at least 3 members decide, the conditions of parole and
17		the time of discharge from parole, impose sanctions for
18		violations of parole, and revoke parole for those
19		sentenced under the law in effect prior to February 1,
20		1978 (the effective date of Public Act 81-1099) this
21		amendatory Act of 1977; provided that the decision to
22		parole and the conditions of parole for all prisoners who
23		were sentenced for first degree murder or who received a
24		minimum sentence of 20 years or more under the law in
25		effect prior to February 1, 1978 shall be determined by a
26		majority vote of the Prisoner Review Board. One

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1		representative supporting parole and one representative
2		opposing parole will be allowed to speak. Their comments
3		shall be limited to making corrections and filling in
4		omissions to the Board's presentation and discussion;
5		(3) hear by at least one member and through a panel of
6		at least 3 members decide, the conditions of mandatory
7		supervised release and the time of discharge from
8		mandatory supervised release, impose sanctions for
9		violations of mandatory supervised release, and revoke
10		mandatory supervised release for those sentenced under the
11		law in effect after February 1, 1978 (the effective date
12		of Public Act 81-1099) this amendatory Act of 1977;
13		(3.5) hear by at least one member and through a panel
14		of at least 3 members decide, the conditions of mandatory
15		supervised release and the time of discharge from
16		mandatory supervised release, to impose sanctions for
17		violations of mandatory supervised release and revoke
18		mandatory supervised release for those serving extended
19		supervised release terms pursuant to paragraph (4) of
20		subsection (d) of Section 5-8-1;
21		(3.6) hear by at least one member and through a panel
22		of at least 3 members decide whether to revoke aftercare
23		release for those committed to the Department of Juvenile
24		Justice under the Juvenile Court Act of 1987;
25		(4) hear by at least one member and through a panel of
26		at least 3 members, decide cases brought by the Department

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1		of Corrections against a prisoner in the custody of the
2		Department for alleged violation of Department rules with
3		respect to sentence credits under Section 3-6-3 of this
4		Code in which the Department seeks to revoke sentence
5		credits, if the amount of time at issue exceeds 30 days or
6		when, during any 12-month 12 month period, the cumulative
7		amount of credit revoked exceeds 30 days except where the
8		infraction is committed or discovered within 60 days of
9		scheduled release. In such cases, the Department of
10		Corrections may revoke up to 30 days of sentence credit.
11		The Board may subsequently approve the revocation of
12		additional sentence credit, if the Department seeks to
13		revoke sentence credit in excess of 30 thirty days.
14		However, the Board shall not be empowered to review the
15		Department's decision with respect to the loss of 30 days
16		of sentence credit for any prisoner or to increase any
17		penalty beyond the length requested by the Department;
18		(5) hear by at least one member and through a panel of
19		at least 3 members decide, the release dates for certain
20		prisoners sentenced under the law in existence prior to
21		February 1, 1978 (the effective date of Public Act
22		81-1099) this amendatory Act of 1977, in accordance with
23		Section 3-3-2.1 of this Code;
24		(6) hear by at least one member and through a panel of
25		at least 3 members decide, all requests for pardon,
26		reprieve or commutation, and make confidential

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1		recommendations to the Governor;
2		(6.5) hear by at least one member who is qualified in
3		the field of juvenile matters and through a panel of at
4		least 3 members, 2 of whom are qualified in the field of
5		juvenile matters, decide parole review cases in accordance
6		with Section 5-4.5-115 of this Code and make release
7		determinations of persons under the age of 21 at the time
8		of the commission of an offense or offenses, other than
9		those persons serving sentences for first degree murder or
10		aggravated criminal sexual assault;
11		(6.6) hear by at least a quorum of the Prisoner Review
12		Board and decide by a majority of members present at the
13		hearing, in accordance with Section 5-4.5-115 of this
14		Code, release determinations of persons under the age of
15		21 at the time of the commission of an offense or offenses
16		of those persons serving sentences for first degree murder
17		or aggravated criminal sexual assault;
18		(7) comply with the requirements of the Open Parole
19		Hearings Act;
20		(8) hear by at least one member and, through a panel of
21		at least 3 members, decide cases brought by the Department
22		of Corrections against a prisoner in the custody of the
23		Department for court dismissal of a frivolous lawsuit
24		pursuant to Section 3-6-3(d) of this Code in which the
25		Department seeks to revoke up to 180 days of sentence
26		credit, and if the prisoner has not accumulated 180 days

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1		of sentence credit at the time of the dismissal, then all
2		sentence credit accumulated by the prisoner shall be
3		revoked;
4		(9) hear by at least 3 members, and, through a panel of
5		at least 3 members, decide whether to grant certificates
6		of relief from disabilities or certificates of good
7		conduct as provided in Article 5.5 of Chapter V;
8		(10) upon a petition by a person who has been
9		convicted of a Class 3 or Class 4 felony and who meets the
10		requirements of this paragraph, hear by at least 3 members
11		and, with the unanimous vote of a panel of 3 members, issue
12		a certificate of eligibility for sealing recommending that
13		the court order the sealing of all official records of the
14		arresting authority, the circuit court clerk, and the
15		Department of State Police concerning the arrest and
16		conviction for the Class 3 or 4 felony. A person may not
17		apply to the Board for a certificate of eligibility for
18		sealing:
19		(A) until 5 years have elapsed since the
20		expiration of his or her sentence;
21		(B) until 5 years have elapsed since any arrests
22		or detentions by a law enforcement officer for an
23		alleged violation of law, other than a petty offense,
24		traffic offense, conservation offense, or local
25		ordinance offense;
26		(C) if convicted of a violation of the Cannabis

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1		Control Act, Illinois Controlled Substances Act, the
2		Methamphetamine Control and Community Protection Act,
3		the Methamphetamine Precursor Control Act, or the
4		Methamphetamine Precursor Tracking Act unless the
5		petitioner has completed a drug abuse program for the
6		offense on which sealing is sought and provides proof
7		that he or she has completed the program successfully;
8		(D) if convicted of:
9		(i) a sex offense described in Article 11 or
10		Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
11		the Criminal Code of 1961 or the Criminal Code of
12		2012;
13		(ii) aggravated assault;
14		(iii) aggravated battery;
15		(iv) domestic battery;
16		(v) aggravated domestic battery;
17		(vi) violation of an order of protection;
18		(vii) an offense under the Criminal Code of
19		1961 or the Criminal Code of 2012 involving a
20		firearm;
21		(viii) driving while under the influence of
22		alcohol, other drug or drugs, intoxicating
23		compound or compounds, or any combination thereof;
24		(ix) aggravated driving while under the
25		influence of alcohol, other drug or drugs,
26		intoxicating compound or compounds, or any

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1		combination thereof; or
2		(x) any crime defined as a crime of violence
3		under Section 2 of the Crime Victims Compensation
4		Act.
5		If a person has applied to the Board for a certificate
6		of eligibility for sealing and the Board denies the
7		certificate, the person must wait at least 4 years before
8		filing again or filing for pardon from the Governor unless
9		the Chairman of the Prisoner Review Board grants a waiver.
10		The decision to issue or refrain from issuing a
11		certificate of eligibility for sealing shall be at the
12		Board's sole discretion, and shall not give rise to any
13		cause of action against either the Board or its members.
14		The Board may only authorize the sealing of Class 3
15		and 4 felony convictions of the petitioner from one
16		information or indictment under this paragraph (10). A
17		petitioner may only receive one certificate of eligibility
18		for sealing under this provision for life; and
19		(11) upon a petition by a person who after having been
20		convicted of a Class 3 or Class 4 felony thereafter served
21		in the United States Armed Forces or National Guard of
22		this or any other state and had received an honorable
23		discharge from the United States Armed Forces or National
24		Guard or who at the time of filing the petition is enlisted
25		in the United States Armed Forces or National Guard of
26		this or any other state and served one tour of duty and who

SB2435 Enrolled - 1901 - LRB102 04062 AMC 14078 b
1		meets the requirements of this paragraph, hear by at least
2		3 members and, with the unanimous vote of a panel of 3
3		members, issue a certificate of eligibility for
4		expungement recommending that the court order the
5		expungement of all official records of the arresting
6		authority, the circuit court clerk, and the Department of
7		State Police concerning the arrest and conviction for the
8		Class 3 or 4 felony. A person may not apply to the Board
9		for a certificate of eligibility for expungement:
10		(A) if convicted of:
11		(i) a sex offense described in Article 11 or
12		Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
13		the Criminal Code of 1961 or Criminal Code of
14		2012;
15		(ii) an offense under the Criminal Code of
16		1961 or Criminal Code of 2012 involving a firearm;
17		or
18		(iii) a crime of violence as defined in
19		Section 2 of the Crime Victims Compensation Act;
20		or
21		(B) if the person has not served in the United
22		States Armed Forces or National Guard of this or any
23		other state or has not received an honorable discharge
24		from the United States Armed Forces or National Guard
25		of this or any other state or who at the time of the
26		filing of the petition is serving in the United States

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1		Armed Forces or National Guard of this or any other
2		state and has not completed one tour of duty.
3		If a person has applied to the Board for a certificate
4		of eligibility for expungement and the Board denies the
5		certificate, the person must wait at least 4 years before
6		filing again or filing for a pardon with authorization for
7		expungement from the Governor unless the Governor or
8		Chairman of the Prisoner Review Board grants a waiver.
9		(a-5) The Prisoner Review Board, with the cooperation of
10		and in coordination with the Department of Corrections and the
11		Department of Central Management Services, shall implement a
12		pilot project in 3 correctional institutions providing for the
13		conduct of hearings under paragraphs (1) and (4) of subsection
14		(a) of this Section through interactive video conferences. The
15		project shall be implemented within 6 months after January 1,
16		1997 (the effective date of Public Act 89-490) this amendatory
17		Act of 1996. Within 6 months after the implementation of the
18		pilot project, the Prisoner Review Board, with the cooperation
19		of and in coordination with the Department of Corrections and
20		the Department of Central Management Services, shall report to
21		the Governor and the General Assembly regarding the use,
22		costs, effectiveness, and future viability of interactive
23		video conferences for Prisoner Review Board hearings.
24		(b) Upon recommendation of the Department the Board may
25		restore sentence credit previously revoked.
26		(c) The Board shall cooperate with the Department in

SB2435 Enrolled - 1903 - LRB102 04062 AMC 14078 b
1		promoting an effective system of parole and mandatory
2		supervised release.
3		(d) The Board shall promulgate rules for the conduct of
4		its work, and the Chairman shall file a copy of such rules and
5		any amendments thereto with the Director and with the
6		Secretary of State.
7		(e) The Board shall keep records of all of its official
8		actions and shall make them accessible in accordance with law
9		and the rules of the Board.
10		(f) The Board or one who has allegedly violated the
11		conditions of his or her parole, aftercare release, or
12		mandatory supervised release may require by subpoena the
13		attendance and testimony of witnesses and the production of
14		documentary evidence relating to any matter under
15		investigation or hearing. The Chairman of the Board may sign
16		subpoenas which shall be served by any agent or public
17		official authorized by the Chairman of the Board, or by any
18		person lawfully authorized to serve a subpoena under the laws
19		of the State of Illinois. The attendance of witnesses, and the
20		production of documentary evidence, may be required from any
21		place in the State to a hearing location in the State before
22		the Chairman of the Board or his or her designated agent or
23		agents or any duly constituted Committee or Subcommittee of
24		the Board. Witnesses so summoned shall be paid the same fees
25		and mileage that are paid witnesses in the circuit courts of
26		the State, and witnesses whose depositions are taken and the

SB2435 Enrolled - 1904 - LRB102 04062 AMC 14078 b
1		persons taking those depositions are each entitled to the same
2		fees as are paid for like services in actions in the circuit
3		courts of the State. Fees and mileage shall be vouchered for
4		payment when the witness is discharged from further
5		attendance.
6		In case of disobedience to a subpoena, the Board may
7		petition any circuit court of the State for an order requiring
8		the attendance and testimony of witnesses or the production of
9		documentary evidence or both. A copy of such petition shall be
10		served by personal service or by registered or certified mail
11		upon the person who has failed to obey the subpoena, and such
12		person shall be advised in writing that a hearing upon the
13		petition will be requested in a court room to be designated in
14		such notice before the judge hearing motions or extraordinary
15		remedies at a specified time, on a specified date, not less
16		than 10 nor more than 15 days after the deposit of the copy of
17		the written notice and petition in the U.S. mail mails
18		addressed to the person at his or her last known address or
19		after the personal service of the copy of the notice and
20		petition upon such person. The court upon the filing of such a
21		petition, may order the person refusing to obey the subpoena
22		to appear at an investigation or hearing, or to there produce
23		documentary evidence, if so ordered, or to give evidence
24		relative to the subject matter of that investigation or
25		hearing. Any failure to obey such order of the circuit court
26		may be punished by that court as a contempt of court.

SB2435 Enrolled - 1905 - LRB102 04062 AMC 14078 b
1		Each member of the Board and any hearing officer
2		designated by the Board shall have the power to administer
3		oaths and to take the testimony of persons under oath.
4		(g) Except under subsection (a) of this Section, a
5		majority of the members then appointed to the Prisoner Review
6		Board shall constitute a quorum for the transaction of all
7		business of the Board.
8		(h) The Prisoner Review Board shall annually transmit to
9		the Director a detailed report of its work for the preceding
10		calendar year. The annual report shall also be transmitted to
11		the Governor for submission to the Legislature.
12		(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20;
13		revised 8-19-20.)
14		(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
15		Sec. 3-6-3. Rules and regulations for sentence credit.
16		(a)(1) The Department of Corrections shall prescribe rules
17		and regulations for awarding and revoking sentence credit for
18		persons committed to the Department which shall be subject to
19		review by the Prisoner Review Board.
20		(1.5) As otherwise provided by law, sentence credit may be
21		awarded for the following:
22		(A) successful completion of programming while in
23		custody of the Department or while in custody prior to
24		sentencing;
25		(B) compliance with the rules and regulations of the

SB2435 Enrolled - 1906 - LRB102 04062 AMC 14078 b
1		Department; or
2		(C) service to the institution, service to a
3		community, or service to the State.
4		(2) Except as provided in paragraph (4.7) of this
5		subsection (a), the rules and regulations on sentence credit
6		shall provide, with respect to offenses listed in clause (i),
7		(ii), or (iii) of this paragraph (2) committed on or after June
8		19, 1998 or with respect to the offense listed in clause (iv)
9		of this paragraph (2) committed on or after June 23, 2005 (the
10		effective date of Public Act 94-71) or with respect to offense
11		listed in clause (vi) committed on or after June 1, 2008 (the
12		effective date of Public Act 95-625) or with respect to the
13		offense of being an armed habitual criminal committed on or
14		after August 2, 2005 (the effective date of Public Act 94-398)
15		or with respect to the offenses listed in clause (v) of this
16		paragraph (2) committed on or after August 13, 2007 (the
17		effective date of Public Act 95-134) or with respect to the
18		offense of aggravated domestic battery committed on or after
19		July 23, 2010 (the effective date of Public Act 96-1224) or
20		with respect to the offense of attempt to commit terrorism
21		committed on or after January 1, 2013 (the effective date of
22		Public Act 97-990), the following:
23		(i) that a prisoner who is serving a term of
24		imprisonment for first degree murder or for the offense of
25		terrorism shall receive no sentence credit and shall serve
26		the entire sentence imposed by the court;

SB2435 Enrolled - 1907 - LRB102 04062 AMC 14078 b
1		(ii) that a prisoner serving a sentence for attempt to
2		commit terrorism, attempt to commit first degree murder,
3		solicitation of murder, solicitation of murder for hire,
4		intentional homicide of an unborn child, predatory
5		criminal sexual assault of a child, aggravated criminal
6		sexual assault, criminal sexual assault, aggravated
7		kidnapping, aggravated battery with a firearm as described
8		in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
9		or (e)(4) of Section 12-3.05, heinous battery as described
10		in Section 12-4.1 or subdivision (a)(2) of Section
11		12-3.05, being an armed habitual criminal, aggravated
12		battery of a senior citizen as described in Section 12-4.6
13		or subdivision (a)(4) of Section 12-3.05, or aggravated
14		battery of a child as described in Section 12-4.3 or
15		subdivision (b)(1) of Section 12-3.05 shall receive no
16		more than 4.5 days of sentence credit for each month of his
17		or her sentence of imprisonment;
18		(iii) that a prisoner serving a sentence for home
19		invasion, armed robbery, aggravated vehicular hijacking,
20		aggravated discharge of a firearm, or armed violence with
21		a category I weapon or category II weapon, when the court
22		has made and entered a finding, pursuant to subsection
23		(c-1) of Section 5-4-1 of this Code, that the conduct
24		leading to conviction for the enumerated offense resulted
25		in great bodily harm to a victim, shall receive no more
26		than 4.5 days of sentence credit for each month of his or

SB2435 Enrolled - 1908 - LRB102 04062 AMC 14078 b
1		her sentence of imprisonment;
2		(iv) that a prisoner serving a sentence for aggravated
3		discharge of a firearm, whether or not the conduct leading
4		to conviction for the offense resulted in great bodily
5		harm to the victim, shall receive no more than 4.5 days of
6		sentence credit for each month of his or her sentence of
7		imprisonment;
8		(v) that a person serving a sentence for gunrunning,
9		narcotics racketeering, controlled substance trafficking,
10		methamphetamine trafficking, drug-induced homicide,
11		aggravated methamphetamine-related child endangerment,
12		money laundering pursuant to clause (c) (4) or (5) of
13		Section 29B-1 of the Criminal Code of 1961 or the Criminal
14		Code of 2012, or a Class X felony conviction for delivery
15		of a controlled substance, possession of a controlled
16		substance with intent to manufacture or deliver,
17		calculated criminal drug conspiracy, criminal drug
18		conspiracy, street gang criminal drug conspiracy,
19		participation in methamphetamine manufacturing,
20		aggravated participation in methamphetamine
21		manufacturing, delivery of methamphetamine, possession
22		with intent to deliver methamphetamine, aggravated
23		delivery of methamphetamine, aggravated possession with
24		intent to deliver methamphetamine, methamphetamine
25		conspiracy when the substance containing the controlled
26		substance or methamphetamine is 100 grams or more shall

SB2435 Enrolled - 1909 - LRB102 04062 AMC 14078 b
1		receive no more than 7.5 days sentence credit for each
2		month of his or her sentence of imprisonment;
3		(vi) that a prisoner serving a sentence for a second
4		or subsequent offense of luring a minor shall receive no
5		more than 4.5 days of sentence credit for each month of his
6		or her sentence of imprisonment; and
7		(vii) that a prisoner serving a sentence for
8		aggravated domestic battery shall receive no more than 4.5
9		days of sentence credit for each month of his or her
10		sentence of imprisonment.
11		(2.1) For all offenses, other than those enumerated in
12		subdivision (a)(2)(i), (ii), or (iii) committed on or after
13		June 19, 1998 or subdivision (a)(2)(iv) committed on or after
14		June 23, 2005 (the effective date of Public Act 94-71) or
15		subdivision (a)(2)(v) committed on or after August 13, 2007
16		(the effective date of Public Act 95-134) or subdivision
17		(a)(2)(vi) committed on or after June 1, 2008 (the effective
18		date of Public Act 95-625) or subdivision (a)(2)(vii)
19		committed on or after July 23, 2010 (the effective date of
20		Public Act 96-1224), and other than the offense of aggravated
21		driving under the influence of alcohol, other drug or drugs,
22		or intoxicating compound or compounds, or any combination
23		thereof as defined in subparagraph (F) of paragraph (1) of
24		subsection (d) of Section 11-501 of the Illinois Vehicle Code,
25		and other than the offense of aggravated driving under the
26		influence of alcohol, other drug or drugs, or intoxicating

SB2435 Enrolled - 1910 - LRB102 04062 AMC 14078 b
1		compound or compounds, or any combination thereof as defined
2		in subparagraph (C) of paragraph (1) of subsection (d) of
3		Section 11-501 of the Illinois Vehicle Code committed on or
4		after January 1, 2011 (the effective date of Public Act
5		96-1230), the rules and regulations shall provide that a
6		prisoner who is serving a term of imprisonment shall receive
7		one day of sentence credit for each day of his or her sentence
8		of imprisonment or recommitment under Section 3-3-9. Each day
9		of sentence credit shall reduce by one day the prisoner's
10		period of imprisonment or recommitment under Section 3-3-9.
11		(2.2) A prisoner serving a term of natural life
12		imprisonment or a prisoner who has been sentenced to death
13		shall receive no sentence credit.
14		(2.3) Except as provided in paragraph (4.7) of this
15		subsection (a), the rules and regulations on sentence credit
16		shall provide that a prisoner who is serving a sentence for
17		aggravated driving under the influence of alcohol, other drug
18		or drugs, or intoxicating compound or compounds, or any
19		combination thereof as defined in subparagraph (F) of
20		paragraph (1) of subsection (d) of Section 11-501 of the
21		Illinois Vehicle Code, shall receive no more than 4.5 days of
22		sentence credit for each month of his or her sentence of
23		imprisonment.
24		(2.4) Except as provided in paragraph (4.7) of this
25		subsection (a), the rules and regulations on sentence credit
26		shall provide with respect to the offenses of aggravated

SB2435 Enrolled - 1911 - LRB102 04062 AMC 14078 b
1		battery with a machine gun or a firearm equipped with any
2		device or attachment designed or used for silencing the report
3		of a firearm or aggravated discharge of a machine gun or a
4		firearm equipped with any device or attachment designed or
5		used for silencing the report of a firearm, committed on or
6		after July 15, 1999 (the effective date of Public Act 91-121),
7		that a prisoner serving a sentence for any of these offenses
8		shall receive no more than 4.5 days of sentence credit for each
9		month of his or her sentence of imprisonment.
10		(2.5) Except as provided in paragraph (4.7) of this
11		subsection (a), the rules and regulations on sentence credit
12		shall provide that a prisoner who is serving a sentence for
13		aggravated arson committed on or after July 27, 2001 (the
14		effective date of Public Act 92-176) shall receive no more
15		than 4.5 days of sentence credit for each month of his or her
16		sentence of imprisonment.
17		(2.6) Except as provided in paragraph (4.7) of this
18		subsection (a), the rules and regulations on sentence credit
19		shall provide that a prisoner who is serving a sentence for
20		aggravated driving under the influence of alcohol, other drug
21		or drugs, or intoxicating compound or compounds or any
22		combination thereof as defined in subparagraph (C) of
23		paragraph (1) of subsection (d) of Section 11-501 of the
24		Illinois Vehicle Code committed on or after January 1, 2011
25		(the effective date of Public Act 96-1230) shall receive no
26		more than 4.5 days of sentence credit for each month of his or

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1		her sentence of imprisonment.
2		(3) In addition to the sentence credits earned under
3		paragraphs (2.1), (4), (4.1), and (4.7) of this subsection
4		(a), the rules and regulations shall also provide that the
5		Director may award up to 180 days of earned sentence credit for
6		good conduct in specific instances as the Director deems
7		proper. The good conduct may include, but is not limited to,
8		compliance with the rules and regulations of the Department,
9		service to the Department, service to a community, or service
10		to the State.
11		Eligible inmates for an award of earned sentence credit
12		under this paragraph (3) may be selected to receive the credit
13		at the Director's or his or her designee's sole discretion.
14		Eligibility for the additional earned sentence credit under
15		this paragraph (3) shall be based on, but is not limited to,
16		the results of any available risk/needs assessment or other
17		relevant assessments or evaluations administered by the
18		Department using a validated instrument, the circumstances of
19		the crime, any history of conviction for a forcible felony
20		enumerated in Section 2-8 of the Criminal Code of 2012, the
21		inmate's behavior and disciplinary history while incarcerated,
22		and the inmate's commitment to rehabilitation, including
23		participation in programming offered by the Department.
24		The Director shall not award sentence credit under this
25		paragraph (3) to an inmate unless the inmate has served a
26		minimum of 60 days of the sentence; except nothing in this

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1		paragraph shall be construed to permit the Director to extend
2		an inmate's sentence beyond that which was imposed by the
3		court. Prior to awarding credit under this paragraph (3), the
4		Director shall make a written determination that the inmate:
5		(A) is eligible for the earned sentence credit;
6		(B) has served a minimum of 60 days, or as close to 60
7		days as the sentence will allow;
8		(B-1) has received a risk/needs assessment or other
9		relevant evaluation or assessment administered by the
10		Department using a validated instrument; and
11		(C) has met the eligibility criteria established by
12		rule for earned sentence credit.
13		The Director shall determine the form and content of the
14		written determination required in this subsection.
15		(3.5) The Department shall provide annual written reports
16		to the Governor and the General Assembly on the award of earned
17		sentence credit no later than February 1 of each year. The
18		Department must publish both reports on its website within 48
19		hours of transmitting the reports to the Governor and the
20		General Assembly. The reports must include:
21		(A) the number of inmates awarded earned sentence
22		credit;
23		(B) the average amount of earned sentence credit
24		awarded;
25		(C) the holding offenses of inmates awarded earned
26		sentence credit; and

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1		(D) the number of earned sentence credit revocations.
2		(4)(A) Except as provided in paragraph (4.7) of this
3		subsection (a), the rules and regulations shall also provide
4		that the sentence credit accumulated and retained under
5		paragraph (2.1) of subsection (a) of this Section by any
6		inmate during specific periods of time in which such inmate is
7		engaged full-time in substance abuse programs, correctional
8		industry assignments, educational programs, behavior
9		modification programs, life skills courses, or re-entry
10		planning provided by the Department under this paragraph (4)
11		and satisfactorily completes the assigned program as
12		determined by the standards of the Department, shall be
13		multiplied by a factor of 1.25 for program participation
14		before August 11, 1993 and 1.50 for program participation on
15		or after that date. The rules and regulations shall also
16		provide that sentence credit, subject to the same offense
17		limits and multiplier provided in this paragraph, may be
18		provided to an inmate who was held in pre-trial detention
19		prior to his or her current commitment to the Department of
20		Corrections and successfully completed a full-time, 60-day or
21		longer substance abuse program, educational program, behavior
22		modification program, life skills course, or re-entry planning
23		provided by the county department of corrections or county
24		jail. Calculation of this county program credit shall be done
25		at sentencing as provided in Section 5-4.5-100 of this Code
26		and shall be included in the sentencing order. However, no

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1		inmate shall be eligible for the additional sentence credit
2		under this paragraph (4) or (4.1) of this subsection (a) while
3		assigned to a boot camp or electronic detention.
4		(B) The Department shall award sentence credit under this
5		paragraph (4) accumulated prior to January 1, 2020 (the
6		effective date of Public Act 101-440) this amendatory Act of
7		the 101st General Assembly in an amount specified in
8		subparagraph (C) of this paragraph (4) to an inmate serving a
9		sentence for an offense committed prior to June 19, 1998, if
10		the Department determines that the inmate is entitled to this
11		sentence credit, based upon:
12		(i) documentation provided by the Department that the
13		inmate engaged in any full-time substance abuse programs,
14		correctional industry assignments, educational programs,
15		behavior modification programs, life skills courses, or
16		re-entry planning provided by the Department under this
17		paragraph (4) and satisfactorily completed the assigned
18		program as determined by the standards of the Department
19		during the inmate's current term of incarceration; or
20		(ii) the inmate's own testimony in the form of an
21		affidavit or documentation, or a third party's
22		documentation or testimony in the form of an affidavit
23		that the inmate likely engaged in any full-time substance
24		abuse programs, correctional industry assignments,
25		educational programs, behavior modification programs, life
26		skills courses, or re-entry planning provided by the

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1		Department under paragraph (4) and satisfactorily
2		completed the assigned program as determined by the
3		standards of the Department during the inmate's current
4		term of incarceration.
5		(C) If the inmate can provide documentation that he or she
6		is entitled to sentence credit under subparagraph (B) in
7		excess of 45 days of participation in those programs, the
8		inmate shall receive 90 days of sentence credit. If the inmate
9		cannot provide documentation of more than 45 days of
10		participation in those programs, the inmate shall receive 45
11		days of sentence credit. In the event of a disagreement
12		between the Department and the inmate as to the amount of
13		credit accumulated under subparagraph (B), if the Department
14		provides documented proof of a lesser amount of days of
15		participation in those programs, that proof shall control. If
16		the Department provides no documentary proof, the inmate's
17		proof as set forth in clause (ii) of subparagraph (B) shall
18		control as to the amount of sentence credit provided.
19		(D) If the inmate has been convicted of a sex offense as
20		defined in Section 2 of the Sex Offender Registration Act,
21		sentencing credits under subparagraph (B) of this paragraph
22		(4) shall be awarded by the Department only if the conditions
23		set forth in paragraph (4.6) of subsection (a) are satisfied.
24		No inmate serving a term of natural life imprisonment shall
25		receive sentence credit under subparagraph (B) of this
26		paragraph (4).

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1		Educational, vocational, substance abuse, behavior
2		modification programs, life skills courses, re-entry planning,
3		and correctional industry programs under which sentence credit
4		may be increased under this paragraph (4) and paragraph (4.1)
5		of this subsection (a) shall be evaluated by the Department on
6		the basis of documented standards. The Department shall report
7		the results of these evaluations to the Governor and the
8		General Assembly by September 30th of each year. The reports
9		shall include data relating to the recidivism rate among
10		program participants.
11		Availability of these programs shall be subject to the
12		limits of fiscal resources appropriated by the General
13		Assembly for these purposes. Eligible inmates who are denied
14		immediate admission shall be placed on a waiting list under
15		criteria established by the Department. The inability of any
16		inmate to become engaged in any such programs by reason of
17		insufficient program resources or for any other reason
18		established under the rules and regulations of the Department
19		shall not be deemed a cause of action under which the
20		Department or any employee or agent of the Department shall be
21		liable for damages to the inmate.
22		(4.1) Except as provided in paragraph (4.7) of this
23		subsection (a), the rules and regulations shall also provide
24		that an additional 90 days of sentence credit shall be awarded
25		to any prisoner who passes high school equivalency testing
26		while the prisoner is committed to the Department of

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1		Corrections. The sentence credit awarded under this paragraph
2		(4.1) shall be in addition to, and shall not affect, the award
3		of sentence credit under any other paragraph of this Section,
4		but shall also be pursuant to the guidelines and restrictions
5		set forth in paragraph (4) of subsection (a) of this Section.
6		The sentence credit provided for in this paragraph shall be
7		available only to those prisoners who have not previously
8		earned a high school diploma or a high school equivalency
9		certificate. If, after an award of the high school equivalency
10		testing sentence credit has been made, the Department
11		determines that the prisoner was not eligible, then the award
12		shall be revoked. The Department may also award 90 days of
13		sentence credit to any committed person who passed high school
14		equivalency testing while he or she was held in pre-trial
15		detention prior to the current commitment to the Department of
16		Corrections.
17		Except as provided in paragraph (4.7) of this subsection
18		(a), the rules and regulations shall provide that an
19		additional 180 days of sentence credit shall be awarded to any
20		prisoner who obtains a bachelor's degree while the prisoner is
21		committed to the Department of Corrections. The sentence
22		credit awarded under this paragraph (4.1) shall be in addition
23		to, and shall not affect, the award of sentence credit under
24		any other paragraph of this Section, but shall also be under
25		the guidelines and restrictions set forth in paragraph (4) of
26		this subsection (a). The sentence credit provided for in this

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1		paragraph shall be available only to those prisoners who have
2		not earned a bachelor's degree prior to the current commitment
3		to the Department of Corrections. If, after an award of the
4		bachelor's degree sentence credit has been made, the
5		Department determines that the prisoner was not eligible, then
6		the award shall be revoked. The Department may also award 180
7		days of sentence credit to any committed person who earned a
8		bachelor's degree while he or she was held in pre-trial
9		detention prior to the current commitment to the Department of
10		Corrections.
11		Except as provided in paragraph (4.7) of this subsection
12		(a), the rules and regulations shall provide that an
13		additional 180 days of sentence credit shall be awarded to any
14		prisoner who obtains a master's or professional degree while
15		the prisoner is committed to the Department of Corrections.
16		The sentence credit awarded under this paragraph (4.1) shall
17		be in addition to, and shall not affect, the award of sentence
18		credit under any other paragraph of this Section, but shall
19		also be under the guidelines and restrictions set forth in
20		paragraph (4) of this subsection (a). The sentence credit
21		provided for in this paragraph shall be available only to
22		those prisoners who have not previously earned a master's or
23		professional degree prior to the current commitment to the
24		Department of Corrections. If, after an award of the master's
25		or professional degree sentence credit has been made, the
26		Department determines that the prisoner was not eligible, then

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1		the award shall be revoked. The Department may also award 180
2		days of sentence credit to any committed person who earned a
3		master's or professional degree while he or she was held in
4		pre-trial detention prior to the current commitment to the
5		Department of Corrections.
6		(4.5) The rules and regulations on sentence credit shall
7		also provide that when the court's sentencing order recommends
8		a prisoner for substance abuse treatment and the crime was
9		committed on or after September 1, 2003 (the effective date of
10		Public Act 93-354), the prisoner shall receive no sentence
11		credit awarded under clause (3) of this subsection (a) unless
12		he or she participates in and completes a substance abuse
13		treatment program. The Director may waive the requirement to
14		participate in or complete a substance abuse treatment program
15		in specific instances if the prisoner is not a good candidate
16		for a substance abuse treatment program for medical,
17		programming, or operational reasons. Availability of substance
18		abuse treatment shall be subject to the limits of fiscal
19		resources appropriated by the General Assembly for these
20		purposes. If treatment is not available and the requirement to
21		participate and complete the treatment has not been waived by
22		the Director, the prisoner shall be placed on a waiting list
23		under criteria established by the Department. The Director may
24		allow a prisoner placed on a waiting list to participate in and
25		complete a substance abuse education class or attend substance
26		abuse self-help meetings in lieu of a substance abuse

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1		treatment program. A prisoner on a waiting list who is not
2		placed in a substance abuse program prior to release may be
3		eligible for a waiver and receive sentence credit under clause
4		(3) of this subsection (a) at the discretion of the Director.
5		(4.6) The rules and regulations on sentence credit shall
6		also provide that a prisoner who has been convicted of a sex
7		offense as defined in Section 2 of the Sex Offender
8		Registration Act shall receive no sentence credit unless he or
9		she either has successfully completed or is participating in
10		sex offender treatment as defined by the Sex Offender
11		Management Board. However, prisoners who are waiting to
12		receive treatment, but who are unable to do so due solely to
13		the lack of resources on the part of the Department, may, at
14		the Director's sole discretion, be awarded sentence credit at
15		a rate as the Director shall determine.
16		(4.7) On or after January 1, 2018 (the effective date of
17		Public Act 100-3) this amendatory Act of the 100th General
18		Assembly, sentence credit under paragraph (3), (4), or (4.1)
19		of this subsection (a) may be awarded to a prisoner who is
20		serving a sentence for an offense described in paragraph (2),
21		(2.3), (2.4), (2.5), or (2.6) for credit earned on or after
22		January 1, 2018 (the effective date of Public Act 100-3) this
23		amendatory Act of the 100th General Assembly; provided, the
24		award of the credits under this paragraph (4.7) shall not
25		reduce the sentence of the prisoner to less than the following
26		amounts:

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1		(i) 85% of his or her sentence if the prisoner is
2		required to serve 85% of his or her sentence; or
3		(ii) 60% of his or her sentence if the prisoner is
4		required to serve 75% of his or her sentence, except if the
5		prisoner is serving a sentence for gunrunning his or her
6		sentence shall not be reduced to less than 75%.
7		(iii) 100% of his or her sentence if the prisoner is
8		required to serve 100% of his or her sentence.
9		(5) Whenever the Department is to release any inmate
10		earlier than it otherwise would because of a grant of earned
11		sentence credit under paragraph (3) of subsection (a) of this
12		Section given at any time during the term, the Department
13		shall give reasonable notice of the impending release not less
14		than 14 days prior to the date of the release to the State's
15		Attorney of the county where the prosecution of the inmate
16		took place, and if applicable, the State's Attorney of the
17		county into which the inmate will be released. The Department
18		must also make identification information and a recent photo
19		of the inmate being released accessible on the Internet by
20		means of a hyperlink labeled "Community Notification of Inmate
21		Early Release" on the Department's World Wide Web homepage.
22		The identification information shall include the inmate's:
23		name, any known alias, date of birth, physical
24		characteristics, commitment offense, and county where
25		conviction was imposed. The identification information shall
26		be placed on the website within 3 days of the inmate's release

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1		and the information may not be removed until either:
2		completion of the first year of mandatory supervised release
3		or return of the inmate to custody of the Department.
4		(b) Whenever a person is or has been committed under
5		several convictions, with separate sentences, the sentences
6		shall be construed under Section 5-8-4 in granting and
7		forfeiting of sentence credit.
8		(c) The Department shall prescribe rules and regulations
9		for revoking sentence credit, including revoking sentence
10		credit awarded under paragraph (3) of subsection (a) of this
11		Section. The Department shall prescribe rules and regulations
12		for suspending or reducing the rate of accumulation of
13		sentence credit for specific rule violations, during
14		imprisonment. These rules and regulations shall provide that
15		no inmate may be penalized more than one year of sentence
16		credit for any one infraction.
17		When the Department seeks to revoke, suspend, or reduce
18		the rate of accumulation of any sentence credits for an
19		alleged infraction of its rules, it shall bring charges
20		therefor against the prisoner sought to be so deprived of
21		sentence credits before the Prisoner Review Board as provided
22		in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
23		amount of credit at issue exceeds 30 days or when, during any
24		12-month 12 month period, the cumulative amount of credit
25		revoked exceeds 30 days except where the infraction is
26		committed or discovered within 60 days of scheduled release.

SB2435 Enrolled - 1924 - LRB102 04062 AMC 14078 b
1		In those cases, the Department of Corrections may revoke up to
2		30 days of sentence credit. The Board may subsequently approve
3		the revocation of additional sentence credit, if the
4		Department seeks to revoke sentence credit in excess of 30
5		days. However, the Board shall not be empowered to review the
6		Department's decision with respect to the loss of 30 days of
7		sentence credit within any calendar year for any prisoner or
8		to increase any penalty beyond the length requested by the
9		Department.
10		The Director of the Department of Corrections, in
11		appropriate cases, may restore up to 30 days of sentence
12		credits which have been revoked, suspended, or reduced. Any
13		restoration of sentence credits in excess of 30 days shall be
14		subject to review by the Prisoner Review Board. However, the
15		Board may not restore sentence credit in excess of the amount
16		requested by the Director.
17		Nothing contained in this Section shall prohibit the
18		Prisoner Review Board from ordering, pursuant to Section
19		3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
20		sentence imposed by the court that was not served due to the
21		accumulation of sentence credit.
22		(d) If a lawsuit is filed by a prisoner in an Illinois or
23		federal court against the State, the Department of
24		Corrections, or the Prisoner Review Board, or against any of
25		their officers or employees, and the court makes a specific
26		finding that a pleading, motion, or other paper filed by the

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1		prisoner is frivolous, the Department of Corrections shall
2		conduct a hearing to revoke up to 180 days of sentence credit
3		by bringing charges against the prisoner sought to be deprived
4		of the sentence credits before the Prisoner Review Board as
5		provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
6		If the prisoner has not accumulated 180 days of sentence
7		credit at the time of the finding, then the Prisoner Review
8		Board may revoke all sentence credit accumulated by the
9		prisoner.
10		For purposes of this subsection (d):
11		(1) "Frivolous" means that a pleading, motion, or
12		other filing which purports to be a legal document filed
13		by a prisoner in his or her lawsuit meets any or all of the
14		following criteria:
15		(A) it lacks an arguable basis either in law or in
16		fact;
17		(B) it is being presented for any improper
18		purpose, such as to harass or to cause unnecessary
19		delay or needless increase in the cost of litigation;
20		(C) the claims, defenses, and other legal
21		contentions therein are not warranted by existing law
22		or by a nonfrivolous argument for the extension,
23		modification, or reversal of existing law or the
24		establishment of new law;
25		(D) the allegations and other factual contentions
26		do not have evidentiary support or, if specifically so

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1		identified, are not likely to have evidentiary support
2		after a reasonable opportunity for further
3		investigation or discovery; or
4		(E) the denials of factual contentions are not
5		warranted on the evidence, or if specifically so
6		identified, are not reasonably based on a lack of
7		information or belief.
8		(2) "Lawsuit" means a motion pursuant to Section 116-3
9		of the Code of Criminal Procedure of 1963, a habeas corpus
10		action under Article X of the Code of Civil Procedure or
11		under federal law (28 U.S.C. 2254), a petition for claim
12		under the Court of Claims Act, an action under the federal
13		Civil Rights Act (42 U.S.C. 1983), or a second or
14		subsequent petition for post-conviction relief under
15		Article 122 of the Code of Criminal Procedure of 1963
16		whether filed with or without leave of court or a second or
17		subsequent petition for relief from judgment under Section
18		2-1401 of the Code of Civil Procedure.
19		(e) Nothing in Public Act 90-592 or 90-593 affects the
20		validity of Public Act 89-404.
21		(f) Whenever the Department is to release any inmate who
22		has been convicted of a violation of an order of protection
23		under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
24		the Criminal Code of 2012, earlier than it otherwise would
25		because of a grant of sentence credit, the Department, as a
26		condition of release, shall require that the person, upon

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1		release, be placed under electronic surveillance as provided
2		in Section 5-8A-7 of this Code.
3		(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
4		101-440, eff. 1-1-20; revised 8-19-20.)
5		(730 ILCS 5/3-8-5) (from Ch. 38, par. 1003-8-5)
6		Sec. 3-8-5. Transfer to Department of Human Services.
7		(a) The Department shall cause inquiry and examination at
8		periodic intervals to ascertain whether any person committed
9		to it may be subject to involuntary admission, as defined in
10		Section 1-119 of the Mental Health and Developmental
11		Disabilities Code, or meets the standard for judicial
12		admission as defined in Section 4-500 of the Mental Health and
13		Developmental Disabilities Code, or is an intoxicated person
14		or a person with a substance use disorder as defined in the
15		Substance Use Disorder Act. The Department may provide special
16		psychiatric or psychological or other counseling or treatment
17		to such persons in a separate institution within the
18		Department, or the Director of the Department of Corrections
19		may transfer such persons other than intoxicated persons or
20		persons with substance use disorders to the Department of
21		Human Services for observation, diagnosis and treatment,
22		subject to the approval of the Secretary Director of the
23		Department of Human Services, for a period of not more than 6
24		months, if the person consents in writing to the transfer. The
25		person shall be advised of his right not to consent, and if he

SB2435 Enrolled - 1928 - LRB102 04062 AMC 14078 b
1		does not consent, such transfer may be effected only by
2		commitment under paragraphs (c) and (d) of this Section.
3		(b) The person's spouse, guardian, or nearest relative and
4		his attorney of record shall be advised of their right to
5		object, and if objection is made, such transfer may be
6		effected only by commitment under paragraph (c) of this
7		Section. Notices of such transfer shall be mailed to such
8		person's spouse, guardian, or nearest relative and to the
9		attorney of record marked for delivery to addressee only at
10		his last known address by certified mail with return receipt
11		requested together with written notification of the manner and
12		time within which he may object thereto.
13		(c) If a committed person does not consent to his transfer
14		to the Department of Human Services or if a person objects
15		under paragraph (b) of this Section, or if the Department of
16		Human Services determines that a transferred person requires
17		commitment to the Department of Human Services for more than 6
18		months, or if the person's sentence will expire within 6
19		months, the Director of the Department of Corrections shall
20		file a petition in the circuit court of the county in which the
21		correctional institution or facility is located requesting the
22		transfer of such person to the Department of Human Services. A
23		certificate of a psychiatrist, a clinical psychologist, or, if
24		admission to a developmental disability facility is sought, of
25		a physician that the person is in need of commitment to the
26		Department of Human Services for treatment or habilitation

SB2435 Enrolled - 1929 - LRB102 04062 AMC 14078 b
1		shall be attached to the petition. Copies of the petition
2		shall be furnished to the named person and to the state's
3		attorneys of the county in which the correctional institution
4		or facility is located and the county in which the named person
5		was committed to the Department of Corrections.
6		(d) The court shall set a date for a hearing on the
7		petition within the time limit set forth in the Mental Health
8		and Developmental Disabilities Code. The hearing shall be
9		conducted in the manner prescribed by the Mental Health and
10		Developmental Disabilities Code. If the person is found to be
11		in need of commitment to the Department of Human Services for
12		treatment or habilitation, the court may commit him to that
13		Department.
14		(e) Nothing in this Section shall limit the right of the
15		Director or the chief administrative officer of any
16		institution or facility to utilize the emergency admission
17		provisions of the Mental Health and Developmental Disabilities
18		Code with respect to any person in his custody or care. The
19		transfer of a person to an institution or facility of the
20		Department of Human Services under paragraph (a) of this
21		Section does not discharge the person from the control of the
22		Department.
23		(Source: P.A. 100-759, eff. 1-1-19; revised 7-12-19.)
24		(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
25		Sec. 3-14-1. Release from the institution.

SB2435 Enrolled - 1930 - LRB102 04062 AMC 14078 b
1		(a) Upon release of a person on parole, mandatory release,
2		final discharge or pardon the Department shall return all
3		property held for him, provide him with suitable clothing and
4		procure necessary transportation for him to his designated
5		place of residence and employment. It may provide such person
6		with a grant of money for travel and expenses which may be paid
7		in installments. The amount of the money grant shall be
8		determined by the Department.
9		(a-1) The Department shall, before a wrongfully imprisoned
10		person, as defined in Section 3-1-2 of this Code, is
11		discharged from the Department, provide him or her with any
12		documents necessary after discharge.
13		(a-2) The Department of Corrections may establish and
14		maintain, in any institution it administers, revolving funds
15		to be known as "Travel and Allowances Revolving Funds". These
16		revolving funds shall be used for advancing travel and expense
17		allowances to committed, paroled, and discharged prisoners.
18		The moneys paid into such revolving funds shall be from
19		appropriations to the Department for Committed, Paroled, and
20		Discharged Prisoners.
21		(a-3) Upon release of a person who is eligible to vote on
22		parole, mandatory release, final discharge, or pardon, the
23		Department shall provide the person with a form that informs
24		him or her that his or her voting rights have been restored and
25		a voter registration application. The Department shall have
26		available voter registration applications in the languages

SB2435 Enrolled - 1931 - LRB102 04062 AMC 14078 b
1		provided by the Illinois State Board of Elections. The form
2		that informs the person that his or her rights have been
3		restored shall include the following information:
4		(1) All voting rights are restored upon release from
5		the Department's custody.
6		(2) A person who is eligible to vote must register in
7		order to be able to vote.
8		The Department of Corrections shall confirm that the
9		person received the voter registration application and has
10		been informed that his or her voting rights have been
11		restored.
12		(a-4) (a-3) Prior to release of a person on parole,
13		mandatory supervised release, final discharge, or pardon, the
14		Department shall screen every person for Medicaid eligibility.
15		Officials of the correctional institution or facility where
16		the committed person is assigned shall assist an eligible
17		person to complete a Medicaid application to ensure that the
18		person begins receiving benefits as soon as possible after his
19		or her release. The application must include the eligible
20		person's address associated with his or her residence upon
21		release from the facility. If the residence is temporary, the
22		eligible person must notify the Department of Human Services
23		of his or her change in address upon transition to permanent
24		housing.
25		(b) (Blank).
26		(c) Except as otherwise provided in this Code, the

SB2435 Enrolled - 1932 - LRB102 04062 AMC 14078 b
1		Department shall establish procedures to provide written
2		notification of any release of any person who has been
3		convicted of a felony to the State's Attorney and sheriff of
4		the county from which the offender was committed, and the
5		State's Attorney and sheriff of the county into which the
6		offender is to be paroled or released. Except as otherwise
7		provided in this Code, the Department shall establish
8		procedures to provide written notification to the proper law
9		enforcement agency for any municipality of any release of any
10		person who has been convicted of a felony if the arrest of the
11		offender or the commission of the offense took place in the
12		municipality, if the offender is to be paroled or released
13		into the municipality, or if the offender resided in the
14		municipality at the time of the commission of the offense. If a
15		person convicted of a felony who is in the custody of the
16		Department of Corrections or on parole or mandatory supervised
17		release informs the Department that he or she has resided,
18		resides, or will reside at an address that is a housing
19		facility owned, managed, operated, or leased by a public
20		housing agency, the Department must send written notification
21		of that information to the public housing agency that owns,
22		manages, operates, or leases the housing facility. The written
23		notification shall, when possible, be given at least 14 days
24		before release of the person from custody, or as soon
25		thereafter as possible. The written notification shall be
26		provided electronically if the State's Attorney, sheriff,

SB2435 Enrolled - 1933 - LRB102 04062 AMC 14078 b
1		proper law enforcement agency, or public housing agency has
2		provided the Department with an accurate and up to date email
3		address.
4		(c-1) (Blank).
5		(c-2) The Department shall establish procedures to provide
6		notice to the Department of State Police of the release or
7		discharge of persons convicted of violations of the
8		Methamphetamine Control and Community Protection Act or a
9		violation of the Methamphetamine Precursor Control Act. The
10		Department of State Police shall make this information
11		available to local, State, or federal law enforcement agencies
12		upon request.
13		(c-5) If a person on parole or mandatory supervised
14		release becomes a resident of a facility licensed or regulated
15		by the Department of Public Health, the Illinois Department of
16		Public Aid, or the Illinois Department of Human Services, the
17		Department of Corrections shall provide copies of the
18		following information to the appropriate licensing or
19		regulating Department and the licensed or regulated facility
20		where the person becomes a resident:
21		(1) The mittimus and any pre-sentence investigation
22		reports.
23		(2) The social evaluation prepared pursuant to Section
24		3-8-2.
25		(3) Any pre-release evaluation conducted pursuant to
26		subsection (j) of Section 3-6-2.

SB2435 Enrolled - 1934 - LRB102 04062 AMC 14078 b
1		(4) Reports of disciplinary infractions and
2		dispositions.
3		(5) Any parole plan, including orders issued by the
4		Prisoner Review Board, and any violation reports and
5		dispositions.
6		(6) The name and contact information for the assigned
7		parole agent and parole supervisor.
8		This information shall be provided within 3 days of the
9		person becoming a resident of the facility.
10		(c-10) If a person on parole or mandatory supervised
11		release becomes a resident of a facility licensed or regulated
12		by the Department of Public Health, the Illinois Department of
13		Public Aid, or the Illinois Department of Human Services, the
14		Department of Corrections shall provide written notification
15		of such residence to the following:
16		(1) The Prisoner Review Board.
17		(2) The chief of police and sheriff in the
18		municipality and county in which the licensed facility is
19		located.
20		The notification shall be provided within 3 days of the
21		person becoming a resident of the facility.
22		(d) Upon the release of a committed person on parole,
23		mandatory supervised release, final discharge or pardon, the
24		Department shall provide such person with information
25		concerning programs and services of the Illinois Department of
26		Public Health to ascertain whether such person has been

SB2435 Enrolled - 1935 - LRB102 04062 AMC 14078 b
1		exposed to the human immunodeficiency virus (HIV) or any
2		identified causative agent of Acquired Immunodeficiency
3		Syndrome (AIDS).
4		(e) Upon the release of a committed person on parole,
5		mandatory supervised release, final discharge, pardon, or who
6		has been wrongfully imprisoned, the Department shall verify
7		the released person's full name, date of birth, and social
8		security number. If verification is made by the Department by
9		obtaining a certified copy of the released person's birth
10		certificate and the released person's social security card or
11		other documents authorized by the Secretary, the Department
12		shall provide the birth certificate and social security card
13		or other documents authorized by the Secretary to the released
14		person. If verification by the Department is done by means
15		other than obtaining a certified copy of the released person's
16		birth certificate and the released person's social security
17		card or other documents authorized by the Secretary, the
18		Department shall complete a verification form, prescribed by
19		the Secretary of State, and shall provide that verification
20		form to the released person.
21		(f) Forty-five days prior to the scheduled discharge of a
22		person committed to the custody of the Department of
23		Corrections, the Department shall give the person who is
24		otherwise uninsured an opportunity to apply for health care
25		coverage including medical assistance under Article V of the
26		Illinois Public Aid Code in accordance with subsection (b) of

SB2435 Enrolled - 1936 - LRB102 04062 AMC 14078 b
1		Section 1-8.5 of the Illinois Public Aid Code, and the
2		Department of Corrections shall provide assistance with
3		completion of the application for health care coverage
4		including medical assistance. The Department may adopt rules
5		to implement this Section.
6		(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
7		revised 9-9-19.)
8		(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
9		Sec. 5-2-4. Proceedings after acquittal by reason of
10		insanity.
11		(a) After a finding or verdict of not guilty by reason of
12		insanity under Sections 104-25, 115-3, or 115-4 of the Code of
13		Criminal Procedure of 1963, the defendant shall be ordered to
14		the Department of Human Services for an evaluation as to
15		whether he is in need of mental health services. The order
16		shall specify whether the evaluation shall be conducted on an
17		inpatient or outpatient basis. If the evaluation is to be
18		conducted on an inpatient basis, the defendant shall be placed
19		in a secure setting. With the court order for evaluation shall
20		be sent a copy of the arrest report, criminal charges, arrest
21		record, jail record, any report prepared under Section 115-6
22		of the Code of Criminal Procedure of 1963, and any statement
23		prepared under Section 6 of the Rights of Crime Victims and
24		Witnesses Act. The clerk of the circuit court shall transmit
25		this information to the Department within 5 days. If the court

SB2435 Enrolled - 1937 - LRB102 04062 AMC 14078 b
1		orders that the evaluation be done on an inpatient basis, the
2		Department shall evaluate the defendant to determine to which
3		secure facility the defendant shall be transported and, within
4		20 days of the transmittal by the clerk of the circuit court of
5		the placement court order, notify the sheriff of the
6		designated facility. Upon receipt of that notice, the sheriff
7		shall promptly transport the defendant to the designated
8		facility. During the period of time required to determine the
9		appropriate placement, the defendant shall remain in jail. If,
10		within 20 days of the transmittal by the clerk of the circuit
11		court of the placement court order, the Department fails to
12		notify the sheriff of the identity of the facility to which the
13		defendant shall be transported, the sheriff shall contact a
14		designated person within the Department to inquire about when
15		a placement will become available at the designated facility
16		and bed availability at other facilities. If, within 20 days
17		of the transmittal by the clerk of the circuit court of the
18		placement court order, the Department fails to notify the
19		sheriff of the identity of the facility to which the defendant
20		shall be transported, the sheriff shall notify the Department
21		of its intent to transfer the defendant to the nearest secure
22		mental health facility operated by the Department and inquire
23		as to the status of the placement evaluation and availability
24		for admission to the facility operated by the Department by
25		contacting a designated person within the Department. The
26		Department shall respond to the sheriff within 2 business days

SB2435 Enrolled - 1938 - LRB102 04062 AMC 14078 b
1		of the notice and inquiry by the sheriff seeking the transfer
2		and the Department shall provide the sheriff with the status
3		of the placement evaluation, information on bed and placement
4		availability, and an estimated date of admission for the
5		defendant and any changes to that estimated date of admission.
6		If the Department notifies the sheriff during the 2 business
7		day period of a facility operated by the Department with
8		placement availability, the sheriff shall promptly transport
9		the defendant to that facility. Individualized placement
10		evaluations by the Department of Human Services determine the
11		most appropriate setting for forensic treatment based upon a
12		number of factors including mental health diagnosis, proximity
13		to surviving victims, security need, age, gender, and
14		proximity to family.
15		The Department shall provide the Court with a report of
16		its evaluation within 30 days of the date of this order. The
17		Court shall hold a hearing as provided under the Mental Health
18		and Developmental Disabilities Code to determine if the
19		individual is: (a) in need of mental health services on an
20		inpatient basis; (b) in need of mental health services on an
21		outpatient basis; (c) a person not in need of mental health
22		services. The court shall afford the victim the opportunity to
23		make a written or oral statement as guaranteed by Article I,
24		Section 8.1 of the Illinois Constitution and Section 6 of the
25		Rights of Crime Victims and Witnesses Act. The court shall
26		allow a victim to make an oral statement if the victim is

SB2435 Enrolled - 1939 - LRB102 04062 AMC 14078 b
1		present in the courtroom and requests to make an oral
2		statement. An oral statement includes the victim or a
3		representative of the victim reading the written statement.
4		The court may allow persons impacted by the crime who are not
5		victims under subsection (a) of Section 3 of the Rights of
6		Crime Victims and Witnesses Act to present an oral or written
7		statement. A victim and any person making an oral statement
8		shall not be put under oath or subject to cross-examination.
9		The court shall consider any statement presented along with
10		all other appropriate factors in determining the sentence of
11		the defendant or disposition of the juvenile. All statements
12		shall become part of the record of the court.
13		If the defendant is found to be in need of mental health
14		services on an inpatient care basis, the Court shall order the
15		defendant to the Department of Human Services. The defendant
16		shall be placed in a secure setting. Such defendants placed in
17		a secure setting shall not be permitted outside the facility's
18		housing unit unless escorted or accompanied by personnel of
19		the Department of Human Services or with the prior approval of
20		the Court for unsupervised on-grounds privileges as provided
21		herein. Any defendant placed in a secure setting pursuant to
22		this Section, transported to court hearings or other necessary
23		appointments off facility grounds by personnel of the
24		Department of Human Services, shall be placed in security
25		devices or otherwise secured during the period of
26		transportation to assure secure transport of the defendant and

SB2435 Enrolled - 1940 - LRB102 04062 AMC 14078 b
1		the safety of Department of Human Services personnel and
2		others. These security measures shall not constitute restraint
3		as defined in the Mental Health and Developmental Disabilities
4		Code. If the defendant is found to be in need of mental health
5		services, but not on an inpatient care basis, the Court shall
6		conditionally release the defendant, under such conditions as
7		set forth in this Section as will reasonably assure the
8		defendant's satisfactory progress and participation in
9		treatment or rehabilitation and the safety of the defendant,
10		the victim, the victim's family members, and others. If the
11		Court finds the person not in need of mental health services,
12		then the Court shall order the defendant discharged from
13		custody.
14		(a-1) Definitions. For the purposes of this Section:
15		(A) (Blank).
16		(B) "In need of mental health services on an inpatient
17		basis" means: a defendant who has been found not guilty by
18		reason of insanity but who, due to mental illness, is
19		reasonably expected to inflict serious physical harm upon
20		himself or another and who would benefit from inpatient
21		care or is in need of inpatient care.
22		(C) "In need of mental health services on an
23		outpatient basis" means: a defendant who has been found
24		not guilty by reason of insanity who is not in need of
25		mental health services on an inpatient basis, but is in
26		need of outpatient care, drug and/or alcohol

SB2435 Enrolled - 1941 - LRB102 04062 AMC 14078 b
1		rehabilitation programs, community adjustment programs,
2		individual, group, or family therapy, or chemotherapy.
3		(D) "Conditional Release" means: the release from
4		either the custody of the Department of Human Services or
5		the custody of the Court of a person who has been found not
6		guilty by reason of insanity under such conditions as the
7		Court may impose which reasonably assure the defendant's
8		satisfactory progress in treatment or habilitation and the
9		safety of the defendant, the victim, the victim's family,
10		and others. The Court shall consider such terms and
11		conditions which may include, but need not be limited to,
12		outpatient care, alcoholic and drug rehabilitation
13		programs, community adjustment programs, individual,
14		group, family, and chemotherapy, random testing to ensure
15		the defendant's timely and continuous taking of any
16		medicines prescribed to control or manage his or her
17		conduct or mental state, and periodic checks with the
18		legal authorities and/or the Department of Human Services.
19		The Court may order as a condition of conditional release
20		that the defendant not contact the victim of the offense
21		that resulted in the finding or verdict of not guilty by
22		reason of insanity or any other person. The Court may
23		order the Department of Human Services to provide care to
24		any person conditionally released under this Section. The
25		Department may contract with any public or private agency
26		in order to discharge any responsibilities imposed under

SB2435 Enrolled - 1942 - LRB102 04062 AMC 14078 b
1		this Section. The Department shall monitor the provision
2		of services to persons conditionally released under this
3		Section and provide periodic reports to the Court
4		concerning the services and the condition of the
5		defendant. Whenever a person is conditionally released
6		pursuant to this Section, the State's Attorney for the
7		county in which the hearing is held shall designate in
8		writing the name, telephone number, and address of a
9		person employed by him or her who shall be notified in the
10		event that either the reporting agency or the Department
11		decides that the conditional release of the defendant
12		should be revoked or modified pursuant to subsection (i)
13		of this Section. Such conditional release shall be for a
14		period of five years. However, the defendant, the person
15		or facility rendering the treatment, therapy, program or
16		outpatient care, the Department, or the State's Attorney
17		may petition the Court for an extension of the conditional
18		release period for an additional 5 years. Upon receipt of
19		such a petition, the Court shall hold a hearing consistent
20		with the provisions of paragraph (a), this paragraph
21		(a-1), and paragraph (f) of this Section, shall determine
22		whether the defendant should continue to be subject to the
23		terms of conditional release, and shall enter an order
24		either extending the defendant's period of conditional
25		release for an additional 5-year period or discharging the
26		defendant. Additional 5-year periods of conditional

SB2435 Enrolled - 1943 - LRB102 04062 AMC 14078 b
1		release may be ordered following a hearing as provided in
2		this Section. However, in no event shall the defendant's
3		period of conditional release continue beyond the maximum
4		period of commitment ordered by the Court pursuant to
5		paragraph (b) of this Section. These provisions for
6		extension of conditional release shall only apply to
7		defendants conditionally released on or after August 8,
8		2003. However, the extension provisions of Public Act
9		83-1449 apply only to defendants charged with a forcible
10		felony.
11		(E) "Facility director" means the chief officer of a
12		mental health or developmental disabilities facility or
13		his or her designee or the supervisor of a program of
14		treatment or habilitation or his or her designee.
15		"Designee" may include a physician, clinical psychologist,
16		social worker, nurse, or clinical professional counselor.
17		(b) If the Court finds the defendant in need of mental
18		health services on an inpatient basis, the admission,
19		detention, care, treatment or habilitation, treatment plans,
20		review proceedings, including review of treatment and
21		treatment plans, and discharge of the defendant after such
22		order shall be under the Mental Health and Developmental
23		Disabilities Code, except that the initial order for admission
24		of a defendant acquitted of a felony by reason of insanity
25		shall be for an indefinite period of time. Such period of
26		commitment shall not exceed the maximum length of time that

SB2435 Enrolled - 1944 - LRB102 04062 AMC 14078 b
1		the defendant would have been required to serve, less credit
2		for good behavior as provided in Section 5-4-1 of the Unified
3		Code of Corrections, before becoming eligible for release had
4		he been convicted of and received the maximum sentence for the
5		most serious crime for which he has been acquitted by reason of
6		insanity. The Court shall determine the maximum period of
7		commitment by an appropriate order. During this period of
8		time, the defendant shall not be permitted to be in the
9		community in any manner, including, but not limited to,
10		off-grounds privileges, with or without escort by personnel of
11		the Department of Human Services, unsupervised on-grounds
12		privileges, discharge or conditional or temporary release,
13		except by a plan as provided in this Section. In no event shall
14		a defendant's continued unauthorized absence be a basis for
15		discharge. Not more than 30 days after admission and every 90
16		days thereafter so long as the initial order remains in
17		effect, the facility director shall file a treatment plan
18		report in writing with the court and forward a copy of the
19		treatment plan report to the clerk of the court, the State's
20		Attorney, and the defendant's attorney, if the defendant is
21		represented by counsel, or to a person authorized by the
22		defendant under the Mental Health and Developmental
23		Disabilities Confidentiality Act to be sent a copy of the
24		report. The report shall include an opinion as to whether the
25		defendant is currently in need of mental health services on an
26		inpatient basis or in need of mental health services on an

SB2435 Enrolled - 1945 - LRB102 04062 AMC 14078 b
1		outpatient basis. The report shall also summarize the basis
2		for those findings and provide a current summary of the
3		following items from the treatment plan: (1) an assessment of
4		the defendant's treatment needs, (2) a description of the
5		services recommended for treatment, (3) the goals of each type
6		of element of service, (4) an anticipated timetable for the
7		accomplishment of the goals, and (5) a designation of the
8		qualified professional responsible for the implementation of
9		the plan. The report may also include unsupervised on-grounds
10		privileges, off-grounds privileges (with or without escort by
11		personnel of the Department of Human Services), home visits
12		and participation in work programs, but only where such
13		privileges have been approved by specific court order, which
14		order may include such conditions on the defendant as the
15		Court may deem appropriate and necessary to reasonably assure
16		the defendant's satisfactory progress in treatment and the
17		safety of the defendant and others.
18		(c) Every defendant acquitted of a felony by reason of
19		insanity and subsequently found to be in need of mental health
20		services shall be represented by counsel in all proceedings
21		under this Section and under the Mental Health and
22		Developmental Disabilities Code.
23		(1) The Court shall appoint as counsel the public
24		defender or an attorney licensed by this State.
25		(2) Upon filing with the Court of a verified statement
26		of legal services rendered by the private attorney

SB2435 Enrolled - 1946 - LRB102 04062 AMC 14078 b
1		appointed pursuant to paragraph (1) of this subsection,
2		the Court shall determine a reasonable fee for such
3		services. If the defendant is unable to pay the fee, the
4		Court shall enter an order upon the State to pay the entire
5		fee or such amount as the defendant is unable to pay from
6		funds appropriated by the General Assembly for that
7		purpose.
8		(d) When the facility director determines that:
9		(1) the defendant is no longer in need of mental
10		health services on an inpatient basis; and
11		(2) the defendant may be conditionally released
12		because he or she is still in need of mental health
13		services or that the defendant may be discharged as not in
14		need of any mental health services; or
15		(3) (blank);
16		the facility director shall give written notice to the Court,
17		State's Attorney and defense attorney. Such notice shall set
18		forth in detail the basis for the recommendation of the
19		facility director, and specify clearly the recommendations, if
20		any, of the facility director, concerning conditional release.
21		Any recommendation for conditional release shall include an
22		evaluation of the defendant's need for psychotropic
23		medication, what provisions should be made, if any, to ensure
24		that the defendant will continue to receive psychotropic
25		medication following discharge, and what provisions should be
26		made to assure the safety of the defendant and others in the

SB2435 Enrolled - 1947 - LRB102 04062 AMC 14078 b
1		event the defendant is no longer receiving psychotropic
2		medication. Within 30 days of the notification by the facility
3		director, the Court shall set a hearing and make a finding as
4		to whether the defendant is:
5		(i) (blank); or
6		(ii) in need of mental health services in the form of
7		inpatient care; or
8		(iii) in need of mental health services but not
9		subject to inpatient care; or
10		(iv) no longer in need of mental health services; or
11		(v) (blank).
12		A crime victim shall be allowed to present an oral and
13		written statement. The court shall allow a victim to make an
14		oral statement if the victim is present in the courtroom and
15		requests to make an oral statement. An oral statement includes
16		the victim or a representative of the victim reading the
17		written statement. A victim and any person making an oral
18		statement shall not be put under oath or subject to
19		cross-examination. All statements shall become part of the
20		record of the court.
21		Upon finding by the Court, the Court shall enter its
22		findings and such appropriate order as provided in subsections
23		(a) and (a-1) of this Section.
24		(e) A defendant admitted pursuant to this Section, or any
25		person on his behalf, may file a petition for treatment plan
26		review or discharge or conditional release under the standards

SB2435 Enrolled - 1948 - LRB102 04062 AMC 14078 b
1		of this Section in the Court which rendered the verdict. Upon
2		receipt of a petition for treatment plan review or discharge
3		or conditional release, the Court shall set a hearing to be
4		held within 120 days. Thereafter, no new petition may be filed
5		for 180 days without leave of the Court.
6		(f) The Court shall direct that notice of the time and
7		place of the hearing be served upon the defendant, the
8		facility director, the State's Attorney, and the defendant's
9		attorney. If requested by either the State or the defense or if
10		the Court feels it is appropriate, an impartial examination of
11		the defendant by a psychiatrist or clinical psychologist as
12		defined in Section 1-103 of the Mental Health and
13		Developmental Disabilities Code who is not in the employ of
14		the Department of Human Services shall be ordered, and the
15		report considered at the time of the hearing.
16		(g) The findings of the Court shall be established by
17		clear and convincing evidence. The burden of proof and the
18		burden of going forth with the evidence rest with the
19		defendant or any person on the defendant's behalf when a
20		hearing is held to review a petition filed by or on behalf of
21		the defendant. The evidence shall be presented in open Court
22		with the right of confrontation and cross-examination. Such
23		evidence may include, but is not limited to:
24		(1) whether the defendant appreciates the harm caused
25		by the defendant to others and the community by his or her
26		prior conduct that resulted in the finding of not guilty

SB2435 Enrolled - 1949 - LRB102 04062 AMC 14078 b
1		by reason of insanity;
2		(2) Whether the person appreciates the criminality of
3		conduct similar to the conduct for which he or she was
4		originally charged in this matter;
5		(3) the current state of the defendant's illness;
6		(4) what, if any, medications the defendant is taking
7		to control his or her mental illness;
8		(5) what, if any, adverse physical side effects the
9		medication has on the defendant;
10		(6) the length of time it would take for the
11		defendant's mental health to deteriorate if the defendant
12		stopped taking prescribed medication;
13		(7) the defendant's history or potential for alcohol
14		and drug abuse;
15		(8) the defendant's past criminal history;
16		(9) any specialized physical or medical needs of the
17		defendant;
18		(10) any family participation or involvement expected
19		upon release and what is the willingness and ability of
20		the family to participate or be involved;
21		(11) the defendant's potential to be a danger to
22		himself, herself, or others;
23		(11.5) a written or oral statement made by the victim;
24		and
25		(12) any other factor or factors the Court deems
26		appropriate.

SB2435 Enrolled - 1950 - LRB102 04062 AMC 14078 b
1		(h) Before the court orders that the defendant be
2		discharged or conditionally released, it shall order the
3		facility director to establish a discharge plan that includes
4		a plan for the defendant's shelter, support, and medication.
5		If appropriate, the court shall order that the facility
6		director establish a program to train the defendant in
7		self-medication under standards established by the Department
8		of Human Services. If the Court finds, consistent with the
9		provisions of this Section, that the defendant is no longer in
10		need of mental health services it shall order the facility
11		director to discharge the defendant. If the Court finds,
12		consistent with the provisions of this Section, that the
13		defendant is in need of mental health services, and no longer
14		in need of inpatient care, it shall order the facility
15		director to release the defendant under such conditions as the
16		Court deems appropriate and as provided by this Section. Such
17		conditional release shall be imposed for a period of 5 years as
18		provided in paragraph (D) of subsection (a-1) and shall be
19		subject to later modification by the Court as provided by this
20		Section. If the Court finds consistent with the provisions in
21		this Section that the defendant is in need of mental health
22		services on an inpatient basis, it shall order the facility
23		director not to discharge or release the defendant in
24		accordance with paragraph (b) of this Section.
25		(i) If within the period of the defendant's conditional
26		release the State's Attorney determines that the defendant has

SB2435 Enrolled - 1951 - LRB102 04062 AMC 14078 b
1		not fulfilled the conditions of his or her release, the
2		State's Attorney may petition the Court to revoke or modify
3		the conditional release of the defendant. Upon the filing of
4		such petition the defendant may be remanded to the custody of
5		the Department, or to any other mental health facility
6		designated by the Department, pending the resolution of the
7		petition. Nothing in this Section shall prevent the emergency
8		admission of a defendant pursuant to Article VI of Chapter III
9		of the Mental Health and Developmental Disabilities Code or
10		the voluntary admission of the defendant pursuant to Article
11		IV of Chapter III of the Mental Health and Developmental
12		Disabilities Code. If the Court determines, after hearing
13		evidence, that the defendant has not fulfilled the conditions
14		of release, the Court shall order a hearing to be held
15		consistent with the provisions of paragraph (f) and (g) of
16		this Section. At such hearing, if the Court finds that the
17		defendant is in need of mental health services on an inpatient
18		basis, it shall enter an order remanding him or her to the
19		Department of Human Services or other facility. If the
20		defendant is remanded to the Department of Human Services, he
21		or she shall be placed in a secure setting unless the Court
22		determines that there are compelling reasons that such
23		placement is not necessary. If the Court finds that the
24		defendant continues to be in need of mental health services
25		but not on an inpatient basis, it may modify the conditions of
26		the original release in order to reasonably assure the

SB2435 Enrolled - 1952 - LRB102 04062 AMC 14078 b
1		defendant's satisfactory progress in treatment and his or her
2		safety and the safety of others in accordance with the
3		standards established in paragraph (D) of subsection (a-1).
4		Nothing in this Section shall limit a Court's contempt powers
5		or any other powers of a Court.
6		(j) An order of admission under this Section does not
7		affect the remedy of habeas corpus.
8		(k) In the event of a conflict between this Section and the
9		Mental Health and Developmental Disabilities Code or the
10		Mental Health and Developmental Disabilities Confidentiality
11		Act, the provisions of this Section shall govern.
12		(l) Public Act 90-593 shall apply to all persons who have
13		been found not guilty by reason of insanity and who are
14		presently committed to the Department of Mental Health and
15		Developmental Disabilities (now the Department of Human
16		Services).
17		(m) The Clerk of the Court shall transmit a certified copy
18		of the order of discharge or conditional release to the
19		Department of Human Services, to the sheriff of the county
20		from which the defendant was admitted, to the Illinois
21		Department of State Police, to the proper law enforcement
22		agency for the municipality where the offense took place, and
23		to the sheriff of the county into which the defendant is
24		conditionally discharged. The Illinois Department of State
25		Police shall maintain a centralized record of discharged or
26		conditionally released defendants while they are under court

SB2435 Enrolled - 1953 - LRB102 04062 AMC 14078 b
1		supervision for access and use of appropriate law enforcement
2		agencies.
3		(n) The provisions in this Section which allow allows a
4		crime victim to make a written and oral statement do not apply
5		if the defendant was under 18 years of age at the time the
6		offense was committed.
7		(o) If any provision of this Section or its application to
8		any person or circumstance is held invalid, the invalidity of
9		that provision does not affect any other provision or
10		application of this Section that can be given effect without
11		the invalid provision or application.
12		(Source: P.A. 100-27, eff. 1-1-18; 100-424, eff. 1-1-18;
13		100-863, eff. 8-14-18; 100-961, eff. 1-1-19; 101-81, eff.
14		7-12-19; revised 9-24-19.)
15		(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
16		Sec. 5-3-2. Presentence report.
17		(a) In felony cases, the presentence report shall set
18		forth:
19		(1) the defendant's history of delinquency or
20		criminality, physical and mental history and condition,
21		family situation and background, economic status,
22		education, occupation and personal habits;
23		(2) information about special resources within the
24		community which might be available to assist the
25		defendant's rehabilitation, including treatment centers,

SB2435 Enrolled - 1954 - LRB102 04062 AMC 14078 b
1		residential facilities, vocational training services,
2		correctional manpower programs, employment opportunities,
3		special educational programs, alcohol and drug abuse
4		programming, psychiatric and marriage counseling, and
5		other programs and facilities which could aid the
6		defendant's successful reintegration into society;
7		(3) the effect the offense committed has had upon the
8		victim or victims thereof, and any compensatory benefit
9		that various sentencing alternatives would confer on such
10		victim or victims;
11		(3.5) information provided by the victim's spouse,
12		guardian, parent, grandparent, and other immediate family
13		and household members about the effect the offense
14		committed has had on the victim and on the person
15		providing the information; if the victim's spouse,
16		guardian, parent, grandparent, or other immediate family
17		or household member has provided a written statement, the
18		statement shall be attached to the report;
19		(4) information concerning the defendant's status
20		since arrest, including his record if released on his own
21		recognizance, or the defendant's achievement record if
22		released on a conditional pre-trial supervision program;
23		(5) when appropriate, a plan, based upon the personal,
24		economic and social adjustment needs of the defendant,
25		utilizing public and private community resources as an
26		alternative to institutional sentencing;

SB2435 Enrolled - 1955 - LRB102 04062 AMC 14078 b
1		(6) any other matters that the investigatory officer
2		deems relevant or the court directs to be included;
3		(7) information concerning the defendant's eligibility
4		for a sentence to a county impact incarceration program
5		under Section 5-8-1.2 of this Code; and
6		(8) information concerning the defendant's eligibility
7		for a sentence to an impact incarceration program
8		administered by the Department under Section 5-8-1.1.
9		(b) The investigation shall include a physical and mental
10		examination of the defendant when so ordered by the court. If
11		the court determines that such an examination should be made,
12		it shall issue an order that the defendant submit to
13		examination at such time and place as designated by the court
14		and that such examination be conducted by a physician,
15		psychologist or psychiatrist designated by the court. Such an
16		examination may be conducted in a court clinic if so ordered by
17		the court. The cost of such examination shall be paid by the
18		county in which the trial is held.
19		(b-5) In cases involving felony sex offenses in which the
20		offender is being considered for probation only or any felony
21		offense that is sexually motivated as defined in the Sex
22		Offender Management Board Act in which the offender is being
23		considered for probation only, the investigation shall include
24		a sex offender evaluation by an evaluator approved by the
25		Board and conducted in conformance with the standards
26		developed under the Sex Offender Management Board Act. In

SB2435 Enrolled - 1956 - LRB102 04062 AMC 14078 b
1		cases in which the offender is being considered for any
2		mandatory prison sentence, the investigation shall not include
3		a sex offender evaluation.
4		(c) In misdemeanor, business offense or petty offense
5		cases, except as specified in subsection (d) of this Section,
6		when a presentence report has been ordered by the court, such
7		presentence report shall contain information on the
8		defendant's history of delinquency or criminality and shall
9		further contain only those matters listed in any of paragraphs
10		(1) through (6) of subsection (a) or in subsection (b) of this
11		Section as are specified by the court in its order for the
12		report.
13		(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
14		12-30 of the Criminal Code of 1961 or the Criminal Code of
15		2012, the presentence report shall set forth information about
16		alcohol, drug abuse, psychiatric, and marriage counseling or
17		other treatment programs and facilities, information on the
18		defendant's history of delinquency or criminality, and shall
19		contain those additional matters listed in any of paragraphs
20		(1) through (6) of subsection (a) or in subsection (b) of this
21		Section as are specified by the court.
22		(e) Nothing in this Section shall cause the defendant to
23		be held without bail or to have his bail revoked for the
24		purpose of preparing the presentence report or making an
25		examination.
26		(Source: P.A. 101-105, eff. 1-1-20; revised 9-24-19.)

SB2435 Enrolled - 1957 - LRB102 04062 AMC 14078 b
1		(730 ILCS 5/5-5-3.2)
2		Sec. 5-5-3.2. Factors in aggravation and extended-term
3		sentencing.
4		(a) The following factors shall be accorded weight in
5		favor of imposing a term of imprisonment or may be considered
6		by the court as reasons to impose a more severe sentence under
7		Section 5-8-1 or Article 4.5 of Chapter V:
8		(1) the defendant's conduct caused or threatened
9		serious harm;
10		(2) the defendant received compensation for committing
11		the offense;
12		(3) the defendant has a history of prior delinquency
13		or criminal activity;
14		(4) the defendant, by the duties of his office or by
15		his position, was obliged to prevent the particular
16		offense committed or to bring the offenders committing it
17		to justice;
18		(5) the defendant held public office at the time of
19		the offense, and the offense related to the conduct of
20		that office;
21		(6) the defendant utilized his professional reputation
22		or position in the community to commit the offense, or to
23		afford him an easier means of committing it;
24		(7) the sentence is necessary to deter others from
25		committing the same crime;

SB2435 Enrolled - 1958 - LRB102 04062 AMC 14078 b
1		(8) the defendant committed the offense against a
2		person 60 years of age or older or such person's property;
3		(9) the defendant committed the offense against a
4		person who has a physical disability or such person's
5		property;
6		(10) by reason of another individual's actual or
7		perceived race, color, creed, religion, ancestry, gender,
8		sexual orientation, physical or mental disability, or
9		national origin, the defendant committed the offense
10		against (i) the person or property of that individual;
11		(ii) the person or property of a person who has an
12		association with, is married to, or has a friendship with
13		the other individual; or (iii) the person or property of a
14		relative (by blood or marriage) of a person described in
15		clause (i) or (ii). For the purposes of this Section,
16		"sexual orientation" has the meaning ascribed to it in
17		paragraph (O-1) of Section 1-103 of the Illinois Human
18		Rights Act;
19		(11) the offense took place in a place of worship or on
20		the grounds of a place of worship, immediately prior to,
21		during or immediately following worship services. For
22		purposes of this subparagraph, "place of worship" shall
23		mean any church, synagogue or other building, structure or
24		place used primarily for religious worship;
25		(12) the defendant was convicted of a felony committed
26		while he was released on bail or his own recognizance

SB2435 Enrolled - 1959 - LRB102 04062 AMC 14078 b
1		pending trial for a prior felony and was convicted of such
2		prior felony, or the defendant was convicted of a felony
3		committed while he was serving a period of probation,
4		conditional discharge, or mandatory supervised release
5		under subsection (d) of Section 5-8-1 for a prior felony;
6		(13) the defendant committed or attempted to commit a
7		felony while he was wearing a bulletproof vest. For the
8		purposes of this paragraph (13), a bulletproof vest is any
9		device which is designed for the purpose of protecting the
10		wearer from bullets, shot or other lethal projectiles;
11		(14) the defendant held a position of trust or
12		supervision such as, but not limited to, family member as
13		defined in Section 11-0.1 of the Criminal Code of 2012,
14		teacher, scout leader, baby sitter, or day care worker, in
15		relation to a victim under 18 years of age, and the
16		defendant committed an offense in violation of Section
17		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
18		11-14.4 except for an offense that involves keeping a
19		place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
20		11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
21		or 12-16 of the Criminal Code of 1961 or the Criminal Code
22		of 2012 against that victim;
23		(15) the defendant committed an offense related to the
24		activities of an organized gang. For the purposes of this
25		factor, "organized gang" has the meaning ascribed to it in
26		Section 10 of the Streetgang Terrorism Omnibus Prevention

SB2435 Enrolled - 1960 - LRB102 04062 AMC 14078 b
1		Act;
2		(16) the defendant committed an offense in violation
3		of one of the following Sections while in a school,
4		regardless of the time of day or time of year; on any
5		conveyance owned, leased, or contracted by a school to
6		transport students to or from school or a school related
7		activity; on the real property of a school; or on a public
8		way within 1,000 feet of the real property comprising any
9		school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
10		11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
11		11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
12		12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
13		12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
14		for subdivision (a)(4) or (g)(1), of the Criminal Code of
15		1961 or the Criminal Code of 2012;
16		(16.5) the defendant committed an offense in violation
17		of one of the following Sections while in a day care
18		center, regardless of the time of day or time of year; on
19		the real property of a day care center, regardless of the
20		time of day or time of year; or on a public way within
21		1,000 feet of the real property comprising any day care
22		center, regardless of the time of day or time of year:
23		Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
24		11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
25		11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
26		12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

SB2435 Enrolled - 1961 - LRB102 04062 AMC 14078 b
1		18-2, or 33A-2, or Section 12-3.05 except for subdivision
2		(a)(4) or (g)(1), of the Criminal Code of 1961 or the
3		Criminal Code of 2012;
4		(17) the defendant committed the offense by reason of
5		any person's activity as a community policing volunteer or
6		to prevent any person from engaging in activity as a
7		community policing volunteer. For the purpose of this
8		Section, "community policing volunteer" has the meaning
9		ascribed to it in Section 2-3.5 of the Criminal Code of
10		2012;
11		(18) the defendant committed the offense in a nursing
12		home or on the real property comprising a nursing home.
13		For the purposes of this paragraph (18), "nursing home"
14		means a skilled nursing or intermediate long term care
15		facility that is subject to license by the Illinois
16		Department of Public Health under the Nursing Home Care
17		Act, the Specialized Mental Health Rehabilitation Act of
18		2013, the ID/DD Community Care Act, or the MC/DD Act;
19		(19) the defendant was a federally licensed firearm
20		dealer and was previously convicted of a violation of
21		subsection (a) of Section 3 of the Firearm Owners
22		Identification Card Act and has now committed either a
23		felony violation of the Firearm Owners Identification Card
24		Act or an act of armed violence while armed with a firearm;
25		(20) the defendant (i) committed the offense of
26		reckless homicide under Section 9-3 of the Criminal Code

SB2435 Enrolled - 1962 - LRB102 04062 AMC 14078 b
1		of 1961 or the Criminal Code of 2012 or the offense of
2		driving under the influence of alcohol, other drug or
3		drugs, intoxicating compound or compounds or any
4		combination thereof under Section 11-501 of the Illinois
5		Vehicle Code or a similar provision of a local ordinance
6		and (ii) was operating a motor vehicle in excess of 20
7		miles per hour over the posted speed limit as provided in
8		Article VI of Chapter 11 of the Illinois Vehicle Code;
9		(21) the defendant (i) committed the offense of
10		reckless driving or aggravated reckless driving under
11		Section 11-503 of the Illinois Vehicle Code and (ii) was
12		operating a motor vehicle in excess of 20 miles per hour
13		over the posted speed limit as provided in Article VI of
14		Chapter 11 of the Illinois Vehicle Code;
15		(22) the defendant committed the offense against a
16		person that the defendant knew, or reasonably should have
17		known, was a member of the Armed Forces of the United
18		States serving on active duty. For purposes of this clause
19		(22), the term "Armed Forces" means any of the Armed
20		Forces of the United States, including a member of any
21		reserve component thereof or National Guard unit called to
22		active duty;
23		(23) the defendant committed the offense against a
24		person who was elderly or infirm or who was a person with a
25		disability by taking advantage of a family or fiduciary
26		relationship with the elderly or infirm person or person

SB2435 Enrolled - 1963 - LRB102 04062 AMC 14078 b
1		with a disability;
2		(24) the defendant committed any offense under Section
3		11-20.1 of the Criminal Code of 1961 or the Criminal Code
4		of 2012 and possessed 100 or more images;
5		(25) the defendant committed the offense while the
6		defendant or the victim was in a train, bus, or other
7		vehicle used for public transportation;
8		(26) the defendant committed the offense of child
9		pornography or aggravated child pornography, specifically
10		including paragraph (1), (2), (3), (4), (5), or (7) of
11		subsection (a) of Section 11-20.1 of the Criminal Code of
12		1961 or the Criminal Code of 2012 where a child engaged in,
13		solicited for, depicted in, or posed in any act of sexual
14		penetration or bound, fettered, or subject to sadistic,
15		masochistic, or sadomasochistic abuse in a sexual context
16		and specifically including paragraph (1), (2), (3), (4),
17		(5), or (7) of subsection (a) of Section 11-20.1B or
18		Section 11-20.3 of the Criminal Code of 1961 where a child
19		engaged in, solicited for, depicted in, or posed in any
20		act of sexual penetration or bound, fettered, or subject
21		to sadistic, masochistic, or sadomasochistic abuse in a
22		sexual context;
23		(27) the defendant committed the offense of first
24		degree murder, assault, aggravated assault, battery,
25		aggravated battery, robbery, armed robbery, or aggravated
26		robbery against a person who was a veteran and the

SB2435 Enrolled - 1964 - LRB102 04062 AMC 14078 b
1		defendant knew, or reasonably should have known, that the
2		person was a veteran performing duties as a representative
3		of a veterans' organization. For the purposes of this
4		paragraph (27), "veteran" means an Illinois resident who
5		has served as a member of the United States Armed Forces, a
6		member of the Illinois National Guard, or a member of the
7		United States Reserve Forces; and "veterans' organization"
8		means an organization comprised of members of which
9		substantially all are individuals who are veterans or
10		spouses, widows, or widowers of veterans, the primary
11		purpose of which is to promote the welfare of its members
12		and to provide assistance to the general public in such a
13		way as to confer a public benefit;
14		(28) the defendant committed the offense of assault,
15		aggravated assault, battery, aggravated battery, robbery,
16		armed robbery, or aggravated robbery against a person that
17		the defendant knew or reasonably should have known was a
18		letter carrier or postal worker while that person was
19		performing his or her duties delivering mail for the
20		United States Postal Service;
21		(29) the defendant committed the offense of criminal
22		sexual assault, aggravated criminal sexual assault,
23		criminal sexual abuse, or aggravated criminal sexual abuse
24		against a victim with an intellectual disability, and the
25		defendant holds a position of trust, authority, or
26		supervision in relation to the victim;

SB2435 Enrolled - 1965 - LRB102 04062 AMC 14078 b
1		(30) the defendant committed the offense of promoting
2		juvenile prostitution, patronizing a prostitute, or
3		patronizing a minor engaged in prostitution and at the
4		time of the commission of the offense knew that the
5		prostitute or minor engaged in prostitution was in the
6		custody or guardianship of the Department of Children and
7		Family Services;
8		(31) the defendant (i) committed the offense of
9		driving while under the influence of alcohol, other drug
10		or drugs, intoxicating compound or compounds or any
11		combination thereof in violation of Section 11-501 of the
12		Illinois Vehicle Code or a similar provision of a local
13		ordinance and (ii) the defendant during the commission of
14		the offense was driving his or her vehicle upon a roadway
15		designated for one-way traffic in the opposite direction
16		of the direction indicated by official traffic control
17		devices; or
18		(32) the defendant committed the offense of reckless
19		homicide while committing a violation of Section 11-907 of
20		the Illinois Vehicle Code; .
21		(33) (32) the defendant was found guilty of an
22		administrative infraction related to an act or acts of
23		public indecency or sexual misconduct in the penal
24		institution. In this paragraph (33) (32), "penal
25		institution" has the same meaning as in Section 2-14 of
26		the Criminal Code of 2012; or .

SB2435 Enrolled - 1966 - LRB102 04062 AMC 14078 b
1		(34) (32) the defendant committed the offense of
2		leaving the scene of an accident in violation of
3		subsection (b) of Section 11-401 of the Illinois Vehicle
4		Code and the accident resulted in the death of a person and
5		at the time of the offense, the defendant was: (i) driving
6		under the influence of alcohol, other drug or drugs,
7		intoxicating compound or compounds or any combination
8		thereof as defined by Section 11-501 of the Illinois
9		Vehicle Code; or (ii) operating the motor vehicle while
10		using an electronic communication device as defined in
11		Section 12-610.2 of the Illinois Vehicle Code.
12		For the purposes of this Section:
13		"School" is defined as a public or private elementary or
14		secondary school, community college, college, or university.
15		"Day care center" means a public or private State
16		certified and licensed day care center as defined in Section
17		2.09 of the Child Care Act of 1969 that displays a sign in
18		plain view stating that the property is a day care center.
19		"Intellectual disability" means significantly subaverage
20		intellectual functioning which exists concurrently with
21		impairment in adaptive behavior.
22		"Public transportation" means the transportation or
23		conveyance of persons by means available to the general
24		public, and includes paratransit services.
25		"Traffic control devices" means all signs, signals,
26		markings, and devices that conform to the Illinois Manual on

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1		Uniform Traffic Control Devices, placed or erected by
2		authority of a public body or official having jurisdiction,
3		for the purpose of regulating, warning, or guiding traffic.
4		(b) The following factors, related to all felonies, may be
5		considered by the court as reasons to impose an extended term
6		sentence under Section 5-8-2 upon any offender:
7		(1) When a defendant is convicted of any felony, after
8		having been previously convicted in Illinois or any other
9		jurisdiction of the same or similar class felony or
10		greater class felony, when such conviction has occurred
11		within 10 years after the previous conviction, excluding
12		time spent in custody, and such charges are separately
13		brought and tried and arise out of different series of
14		acts; or
15		(2) When a defendant is convicted of any felony and
16		the court finds that the offense was accompanied by
17		exceptionally brutal or heinous behavior indicative of
18		wanton cruelty; or
19		(3) When a defendant is convicted of any felony
20		committed against:
21		(i) a person under 12 years of age at the time of
22		the offense or such person's property;
23		(ii) a person 60 years of age or older at the time
24		of the offense or such person's property; or
25		(iii) a person who had a physical disability at
26		the time of the offense or such person's property; or

SB2435 Enrolled - 1968 - LRB102 04062 AMC 14078 b
1		(4) When a defendant is convicted of any felony and
2		the offense involved any of the following types of
3		specific misconduct committed as part of a ceremony, rite,
4		initiation, observance, performance, practice or activity
5		of any actual or ostensible religious, fraternal, or
6		social group:
7		(i) the brutalizing or torturing of humans or
8		animals;
9		(ii) the theft of human corpses;
10		(iii) the kidnapping of humans;
11		(iv) the desecration of any cemetery, religious,
12		fraternal, business, governmental, educational, or
13		other building or property; or
14		(v) ritualized abuse of a child; or
15		(5) When a defendant is convicted of a felony other
16		than conspiracy and the court finds that the felony was
17		committed under an agreement with 2 or more other persons
18		to commit that offense and the defendant, with respect to
19		the other individuals, occupied a position of organizer,
20		supervisor, financier, or any other position of management
21		or leadership, and the court further finds that the felony
22		committed was related to or in furtherance of the criminal
23		activities of an organized gang or was motivated by the
24		defendant's leadership in an organized gang; or
25		(6) When a defendant is convicted of an offense
26		committed while using a firearm with a laser sight

SB2435 Enrolled - 1969 - LRB102 04062 AMC 14078 b
1		attached to it. For purposes of this paragraph, "laser
2		sight" has the meaning ascribed to it in Section 26-7 of
3		the Criminal Code of 2012; or
4		(7) When a defendant who was at least 17 years of age
5		at the time of the commission of the offense is convicted
6		of a felony and has been previously adjudicated a
7		delinquent minor under the Juvenile Court Act of 1987 for
8		an act that if committed by an adult would be a Class X or
9		Class 1 felony when the conviction has occurred within 10
10		years after the previous adjudication, excluding time
11		spent in custody; or
12		(8) When a defendant commits any felony and the
13		defendant used, possessed, exercised control over, or
14		otherwise directed an animal to assault a law enforcement
15		officer engaged in the execution of his or her official
16		duties or in furtherance of the criminal activities of an
17		organized gang in which the defendant is engaged; or
18		(9) When a defendant commits any felony and the
19		defendant knowingly video or audio records the offense
20		with the intent to disseminate the recording.
21		(c) The following factors may be considered by the court
22		as reasons to impose an extended term sentence under Section
23		5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
24		offenses:
25		(1) When a defendant is convicted of first degree
26		murder, after having been previously convicted in Illinois

SB2435 Enrolled - 1970 - LRB102 04062 AMC 14078 b
1		of any offense listed under paragraph (c)(2) of Section
2		5-5-3 (730 ILCS 5/5-5-3), when that conviction has
3		occurred within 10 years after the previous conviction,
4		excluding time spent in custody, and the charges are
5		separately brought and tried and arise out of different
6		series of acts.
7		(1.5) When a defendant is convicted of first degree
8		murder, after having been previously convicted of domestic
9		battery (720 ILCS 5/12-3.2) or aggravated domestic battery
10		(720 ILCS 5/12-3.3) committed on the same victim or after
11		having been previously convicted of violation of an order
12		of protection (720 ILCS 5/12-30) in which the same victim
13		was the protected person.
14		(2) When a defendant is convicted of voluntary
15		manslaughter, second degree murder, involuntary
16		manslaughter, or reckless homicide in which the defendant
17		has been convicted of causing the death of more than one
18		individual.
19		(3) When a defendant is convicted of aggravated
20		criminal sexual assault or criminal sexual assault, when
21		there is a finding that aggravated criminal sexual assault
22		or criminal sexual assault was also committed on the same
23		victim by one or more other individuals, and the defendant
24		voluntarily participated in the crime with the knowledge
25		of the participation of the others in the crime, and the
26		commission of the crime was part of a single course of

SB2435 Enrolled - 1971 - LRB102 04062 AMC 14078 b
1		conduct during which there was no substantial change in
2		the nature of the criminal objective.
3		(4) If the victim was under 18 years of age at the time
4		of the commission of the offense, when a defendant is
5		convicted of aggravated criminal sexual assault or
6		predatory criminal sexual assault of a child under
7		subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
8		of Section 12-14.1 of the Criminal Code of 1961 or the
9		Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
10		(5) When a defendant is convicted of a felony
11		violation of Section 24-1 of the Criminal Code of 1961 or
12		the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
13		finding that the defendant is a member of an organized
14		gang.
15		(6) When a defendant was convicted of unlawful use of
16		weapons under Section 24-1 of the Criminal Code of 1961 or
17		the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
18		a weapon that is not readily distinguishable as one of the
19		weapons enumerated in Section 24-1 of the Criminal Code of
20		1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
21		(7) When a defendant is convicted of an offense
22		involving the illegal manufacture of a controlled
23		substance under Section 401 of the Illinois Controlled
24		Substances Act (720 ILCS 570/401), the illegal manufacture
25		of methamphetamine under Section 25 of the Methamphetamine
26		Control and Community Protection Act (720 ILCS 646/25), or

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1		the illegal possession of explosives and an emergency
2		response officer in the performance of his or her duties
3		is killed or injured at the scene of the offense while
4		responding to the emergency caused by the commission of
5		the offense. In this paragraph, "emergency" means a
6		situation in which a person's life, health, or safety is
7		in jeopardy; and "emergency response officer" means a
8		peace officer, community policing volunteer, fireman,
9		emergency medical technician-ambulance, emergency medical
10		technician-intermediate, emergency medical
11		technician-paramedic, ambulance driver, other medical
12		assistance or first aid personnel, or hospital emergency
13		room personnel.
14		(8) When the defendant is convicted of attempted mob
15		action, solicitation to commit mob action, or conspiracy
16		to commit mob action under Section 8-1, 8-2, or 8-4 of the
17		Criminal Code of 2012, where the criminal object is a
18		violation of Section 25-1 of the Criminal Code of 2012,
19		and an electronic communication is used in the commission
20		of the offense. For the purposes of this paragraph (8),
21		"electronic communication" shall have the meaning provided
22		in Section 26.5-0.1 of the Criminal Code of 2012.
23		(d) For the purposes of this Section, "organized gang" has
24		the meaning ascribed to it in Section 10 of the Illinois
25		Streetgang Terrorism Omnibus Prevention Act.
26		(e) The court may impose an extended term sentence under

SB2435 Enrolled - 1973 - LRB102 04062 AMC 14078 b
1		Article 4.5 of Chapter V upon an offender who has been
2		convicted of a felony violation of Section 11-1.20, 11-1.30,
3		11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
4		12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
5		when the victim of the offense is under 18 years of age at the
6		time of the commission of the offense and, during the
7		commission of the offense, the victim was under the influence
8		of alcohol, regardless of whether or not the alcohol was
9		supplied by the offender; and the offender, at the time of the
10		commission of the offense, knew or should have known that the
11		victim had consumed alcohol.
12		(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;
13		101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
14		(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
15		Sec. 5-6-3. Conditions of probation and of conditional
16		discharge.
17		(a) The conditions of probation and of conditional
18		discharge shall be that the person:
19		(1) not violate any criminal statute of any
20		jurisdiction;
21		(2) report to or appear in person before such person
22		or agency as directed by the court;
23		(3) refrain from possessing a firearm or other
24		dangerous weapon where the offense is a felony or, if a
25		misdemeanor, the offense involved the intentional or

SB2435 Enrolled - 1974 - LRB102 04062 AMC 14078 b
1		knowing infliction of bodily harm or threat of bodily
2		harm;
3		(4) not leave the State without the consent of the
4		court or, in circumstances in which the reason for the
5		absence is of such an emergency nature that prior consent
6		by the court is not possible, without the prior
7		notification and approval of the person's probation
8		officer. Transfer of a person's probation or conditional
9		discharge supervision to another state is subject to
10		acceptance by the other state pursuant to the Interstate
11		Compact for Adult Offender Supervision;
12		(5) permit the probation officer to visit him at his
13		home or elsewhere to the extent necessary to discharge his
14		duties;
15		(6) perform no less than 30 hours of community service
16		and not more than 120 hours of community service, if
17		community service is available in the jurisdiction and is
18		funded and approved by the county board where the offense
19		was committed, where the offense was related to or in
20		furtherance of the criminal activities of an organized
21		gang and was motivated by the offender's membership in or
22		allegiance to an organized gang. The community service
23		shall include, but not be limited to, the cleanup and
24		repair of any damage caused by a violation of Section
25		21-1.3 of the Criminal Code of 1961 or the Criminal Code of
26		2012 and similar damage to property located within the

SB2435 Enrolled - 1975 - LRB102 04062 AMC 14078 b
1		municipality or county in which the violation occurred.
2		When possible and reasonable, the community service should
3		be performed in the offender's neighborhood. For purposes
4		of this Section, "organized gang" has the meaning ascribed
5		to it in Section 10 of the Illinois Streetgang Terrorism
6		Omnibus Prevention Act. The court may give credit toward
7		the fulfillment of community service hours for
8		participation in activities and treatment as determined by
9		court services;
10		(7) if he or she is at least 17 years of age and has
11		been sentenced to probation or conditional discharge for a
12		misdemeanor or felony in a county of 3,000,000 or more
13		inhabitants and has not been previously convicted of a
14		misdemeanor or felony, may be required by the sentencing
15		court to attend educational courses designed to prepare
16		the defendant for a high school diploma and to work toward
17		a high school diploma or to work toward passing high
18		school equivalency testing or to work toward completing a
19		vocational training program approved by the court. The
20		person on probation or conditional discharge must attend a
21		public institution of education to obtain the educational
22		or vocational training required by this paragraph (7). The
23		court shall revoke the probation or conditional discharge
24		of a person who wilfully fails to comply with this
25		paragraph (7). The person on probation or conditional
26		discharge shall be required to pay for the cost of the

SB2435 Enrolled - 1976 - LRB102 04062 AMC 14078 b
1		educational courses or high school equivalency testing if
2		a fee is charged for those courses or testing. The court
3		shall resentence the offender whose probation or
4		conditional discharge has been revoked as provided in
5		Section 5-6-4. This paragraph (7) does not apply to a
6		person who has a high school diploma or has successfully
7		passed high school equivalency testing. This paragraph (7)
8		does not apply to a person who is determined by the court
9		to be a person with a developmental disability or
10		otherwise mentally incapable of completing the educational
11		or vocational program;
12		(8) if convicted of possession of a substance
13		prohibited by the Cannabis Control Act, the Illinois
14		Controlled Substances Act, or the Methamphetamine Control
15		and Community Protection Act after a previous conviction
16		or disposition of supervision for possession of a
17		substance prohibited by the Cannabis Control Act or
18		Illinois Controlled Substances Act or after a sentence of
19		probation under Section 10 of the Cannabis Control Act,
20		Section 410 of the Illinois Controlled Substances Act, or
21		Section 70 of the Methamphetamine Control and Community
22		Protection Act and upon a finding by the court that the
23		person is addicted, undergo treatment at a substance abuse
24		program approved by the court;
25		(8.5) if convicted of a felony sex offense as defined
26		in the Sex Offender Management Board Act, the person shall

SB2435 Enrolled - 1977 - LRB102 04062 AMC 14078 b
1		undergo and successfully complete sex offender treatment
2		by a treatment provider approved by the Board and
3		conducted in conformance with the standards developed
4		under the Sex Offender Management Board Act;
5		(8.6) if convicted of a sex offense as defined in the
6		Sex Offender Management Board Act, refrain from residing
7		at the same address or in the same condominium unit or
8		apartment unit or in the same condominium complex or
9		apartment complex with another person he or she knows or
10		reasonably should know is a convicted sex offender or has
11		been placed on supervision for a sex offense; the
12		provisions of this paragraph do not apply to a person
13		convicted of a sex offense who is placed in a Department of
14		Corrections licensed transitional housing facility for sex
15		offenders;
16		(8.7) if convicted for an offense committed on or
17		after June 1, 2008 (the effective date of Public Act
18		95-464) that would qualify the accused as a child sex
19		offender as defined in Section 11-9.3 or 11-9.4 of the
20		Criminal Code of 1961 or the Criminal Code of 2012,
21		refrain from communicating with or contacting, by means of
22		the Internet, a person who is not related to the accused
23		and whom the accused reasonably believes to be under 18
24		years of age; for purposes of this paragraph (8.7),
25		"Internet" has the meaning ascribed to it in Section
26		16-0.1 of the Criminal Code of 2012; and a person is not

SB2435 Enrolled - 1978 - LRB102 04062 AMC 14078 b
1		related to the accused if the person is not: (i) the
2		spouse, brother, or sister of the accused; (ii) a
3		descendant of the accused; (iii) a first or second cousin
4		of the accused; or (iv) a step-child or adopted child of
5		the accused;
6		(8.8) if convicted for an offense under Section 11-6,
7		11-9.1, 11-14.4 that involves soliciting for a juvenile
8		prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
9		of the Criminal Code of 1961 or the Criminal Code of 2012,
10		or any attempt to commit any of these offenses, committed
11		on or after June 1, 2009 (the effective date of Public Act
12		95-983):
13		(i) not access or use a computer or any other
14		device with Internet capability without the prior
15		written approval of the offender's probation officer,
16		except in connection with the offender's employment or
17		search for employment with the prior approval of the
18		offender's probation officer;
19		(ii) submit to periodic unannounced examinations
20		of the offender's computer or any other device with
21		Internet capability by the offender's probation
22		officer, a law enforcement officer, or assigned
23		computer or information technology specialist,
24		including the retrieval and copying of all data from
25		the computer or device and any internal or external
26		peripherals and removal of such information,

SB2435 Enrolled - 1979 - LRB102 04062 AMC 14078 b
1		equipment, or device to conduct a more thorough
2		inspection;
3		(iii) submit to the installation on the offender's
4		computer or device with Internet capability, at the
5		offender's expense, of one or more hardware or
6		software systems to monitor the Internet use; and
7		(iv) submit to any other appropriate restrictions
8		concerning the offender's use of or access to a
9		computer or any other device with Internet capability
10		imposed by the offender's probation officer;
11		(8.9) if convicted of a sex offense as defined in the
12		Sex Offender Registration Act committed on or after
13		January 1, 2010 (the effective date of Public Act 96-262),
14		refrain from accessing or using a social networking
15		website as defined in Section 17-0.5 of the Criminal Code
16		of 2012;
17		(9) if convicted of a felony or of any misdemeanor
18		violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
19		12-3.5 of the Criminal Code of 1961 or the Criminal Code of
20		2012 that was determined, pursuant to Section 112A-11.1 of
21		the Code of Criminal Procedure of 1963, to trigger the
22		prohibitions of 18 U.S.C. 922(g)(9), physically surrender
23		at a time and place designated by the court, his or her
24		Firearm Owner's Identification Card and any and all
25		firearms in his or her possession. The Court shall return
26		to the Department of State Police Firearm Owner's

SB2435 Enrolled - 1980 - LRB102 04062 AMC 14078 b
1		Identification Card Office the person's Firearm Owner's
2		Identification Card;
3		(10) if convicted of a sex offense as defined in
4		subsection (a-5) of Section 3-1-2 of this Code, unless the
5		offender is a parent or guardian of the person under 18
6		years of age present in the home and no non-familial
7		minors are present, not participate in a holiday event
8		involving children under 18 years of age, such as
9		distributing candy or other items to children on
10		Halloween, wearing a Santa Claus costume on or preceding
11		Christmas, being employed as a department store Santa
12		Claus, or wearing an Easter Bunny costume on or preceding
13		Easter;
14		(11) if convicted of a sex offense as defined in
15		Section 2 of the Sex Offender Registration Act committed
16		on or after January 1, 2010 (the effective date of Public
17		Act 96-362) that requires the person to register as a sex
18		offender under that Act, may not knowingly use any
19		computer scrub software on any computer that the sex
20		offender uses;
21		(12) if convicted of a violation of the
22		Methamphetamine Control and Community Protection Act, the
23		Methamphetamine Precursor Control Act, or a
24		methamphetamine related offense:
25		(A) prohibited from purchasing, possessing, or
26		having under his or her control any product containing

SB2435 Enrolled - 1981 - LRB102 04062 AMC 14078 b
1		pseudoephedrine unless prescribed by a physician; and
2		(B) prohibited from purchasing, possessing, or
3		having under his or her control any product containing
4		ammonium nitrate; and
5		(13) if convicted of a hate crime involving the
6		protected class identified in subsection (a) of Section
7		12-7.1 of the Criminal Code of 2012 that gave rise to the
8		offense the offender committed, perform public or
9		community service of no less than 200 hours and enroll in
10		an educational program discouraging hate crimes that
11		includes racial, ethnic, and cultural sensitivity training
12		ordered by the court.
13		(b) The Court may in addition to other reasonable
14		conditions relating to the nature of the offense or the
15		rehabilitation of the defendant as determined for each
16		defendant in the proper discretion of the Court require that
17		the person:
18		(1) serve a term of periodic imprisonment under
19		Article 7 for a period not to exceed that specified in
20		paragraph (d) of Section 5-7-1;
21		(2) pay a fine and costs;
22		(3) work or pursue a course of study or vocational
23		training;
24		(4) undergo medical, psychological or psychiatric
25		treatment; or treatment for drug addiction or alcoholism;
26		(5) attend or reside in a facility established for the

SB2435 Enrolled - 1982 - LRB102 04062 AMC 14078 b
1		instruction or residence of defendants on probation;
2		(6) support his dependents;
3		(7) and in addition, if a minor:
4		(i) reside with his parents or in a foster home;
5		(ii) attend school;
6		(iii) attend a non-residential program for youth;
7		(iv) contribute to his own support at home or in a
8		foster home;
9		(v) with the consent of the superintendent of the
10		facility, attend an educational program at a facility
11		other than the school in which the offense was
12		committed if he or she is convicted of a crime of
13		violence as defined in Section 2 of the Crime Victims
14		Compensation Act committed in a school, on the real
15		property comprising a school, or within 1,000 feet of
16		the real property comprising a school;
17		(8) make restitution as provided in Section 5-5-6 of
18		this Code;
19		(9) perform some reasonable public or community
20		service;
21		(10) serve a term of home confinement. In addition to
22		any other applicable condition of probation or conditional
23		discharge, the conditions of home confinement shall be
24		that the offender:
25		(i) remain within the interior premises of the
26		place designated for his confinement during the hours

SB2435 Enrolled - 1983 - LRB102 04062 AMC 14078 b
1		designated by the court;
2		(ii) admit any person or agent designated by the
3		court into the offender's place of confinement at any
4		time for purposes of verifying the offender's
5		compliance with the conditions of his confinement; and
6		(iii) if further deemed necessary by the court or
7		the Probation or Court Services Department, be placed
8		on an approved electronic monitoring device, subject
9		to Article 8A of Chapter V;
10		(iv) for persons convicted of any alcohol,
11		cannabis or controlled substance violation who are
12		placed on an approved monitoring device as a condition
13		of probation or conditional discharge, the court shall
14		impose a reasonable fee for each day of the use of the
15		device, as established by the county board in
16		subsection (g) of this Section, unless after
17		determining the inability of the offender to pay the
18		fee, the court assesses a lesser fee or no fee as the
19		case may be. This fee shall be imposed in addition to
20		the fees imposed under subsections (g) and (i) of this
21		Section. The fee shall be collected by the clerk of the
22		circuit court, except as provided in an administrative
23		order of the Chief Judge of the circuit court. The
24		clerk of the circuit court shall pay all monies
25		collected from this fee to the county treasurer for
26		deposit in the substance abuse services fund under

SB2435 Enrolled - 1984 - LRB102 04062 AMC 14078 b
1		Section 5-1086.1 of the Counties Code, except as
2		provided in an administrative order of the Chief Judge
3		of the circuit court.
4		The Chief Judge of the circuit court of the county
5		may by administrative order establish a program for
6		electronic monitoring of offenders, in which a vendor
7		supplies and monitors the operation of the electronic
8		monitoring device, and collects the fees on behalf of
9		the county. The program shall include provisions for
10		indigent offenders and the collection of unpaid fees.
11		The program shall not unduly burden the offender and
12		shall be subject to review by the Chief Judge.
13		The Chief Judge of the circuit court may suspend
14		any additional charges or fees for late payment,
15		interest, or damage to any device; and
16		(v) for persons convicted of offenses other than
17		those referenced in clause (iv) above and who are
18		placed on an approved monitoring device as a condition
19		of probation or conditional discharge, the court shall
20		impose a reasonable fee for each day of the use of the
21		device, as established by the county board in
22		subsection (g) of this Section, unless after
23		determining the inability of the defendant to pay the
24		fee, the court assesses a lesser fee or no fee as the
25		case may be. This fee shall be imposed in addition to
26		the fees imposed under subsections (g) and (i) of this

SB2435 Enrolled - 1985 - LRB102 04062 AMC 14078 b
1		Section. The fee shall be collected by the clerk of the
2		circuit court, except as provided in an administrative
3		order of the Chief Judge of the circuit court. The
4		clerk of the circuit court shall pay all monies
5		collected from this fee to the county treasurer who
6		shall use the monies collected to defray the costs of
7		corrections. The county treasurer shall deposit the
8		fee collected in the probation and court services
9		fund. The Chief Judge of the circuit court of the
10		county may by administrative order establish a program
11		for electronic monitoring of offenders, in which a
12		vendor supplies and monitors the operation of the
13		electronic monitoring device, and collects the fees on
14		behalf of the county. The program shall include
15		provisions for indigent offenders and the collection
16		of unpaid fees. The program shall not unduly burden
17		the offender and shall be subject to review by the
18		Chief Judge.
19		The Chief Judge of the circuit court may suspend
20		any additional charges or fees for late payment,
21		interest, or damage to any device.
22		(11) comply with the terms and conditions of an order
23		of protection issued by the court pursuant to the Illinois
24		Domestic Violence Act of 1986, as now or hereafter
25		amended, or an order of protection issued by the court of
26		another state, tribe, or United States territory. A copy

SB2435 Enrolled - 1986 - LRB102 04062 AMC 14078 b
1		of the order of protection shall be transmitted to the
2		probation officer or agency having responsibility for the
3		case;
4		(12) reimburse any "local anti-crime program" as
5		defined in Section 7 of the Anti-Crime Advisory Council
6		Act for any reasonable expenses incurred by the program on
7		the offender's case, not to exceed the maximum amount of
8		the fine authorized for the offense for which the
9		defendant was sentenced;
10		(13) contribute a reasonable sum of money, not to
11		exceed the maximum amount of the fine authorized for the
12		offense for which the defendant was sentenced, (i) to a
13		"local anti-crime program", as defined in Section 7 of the
14		Anti-Crime Advisory Council Act, or (ii) for offenses
15		under the jurisdiction of the Department of Natural
16		Resources, to the fund established by the Department of
17		Natural Resources for the purchase of evidence for
18		investigation purposes and to conduct investigations as
19		outlined in Section 805-105 of the Department of Natural
20		Resources (Conservation) Law;
21		(14) refrain from entering into a designated
22		geographic area except upon such terms as the court finds
23		appropriate. Such terms may include consideration of the
24		purpose of the entry, the time of day, other persons
25		accompanying the defendant, and advance approval by a
26		probation officer, if the defendant has been placed on

SB2435 Enrolled - 1987 - LRB102 04062 AMC 14078 b
1		probation or advance approval by the court, if the
2		defendant was placed on conditional discharge;
3		(15) refrain from having any contact, directly or
4		indirectly, with certain specified persons or particular
5		types of persons, including but not limited to members of
6		street gangs and drug users or dealers;
7		(16) refrain from having in his or her body the
8		presence of any illicit drug prohibited by the Cannabis
9		Control Act, the Illinois Controlled Substances Act, or
10		the Methamphetamine Control and Community Protection Act,
11		unless prescribed by a physician, and submit samples of
12		his or her blood or urine or both for tests to determine
13		the presence of any illicit drug;
14		(17) if convicted for an offense committed on or after
15		June 1, 2008 (the effective date of Public Act 95-464)
16		that would qualify the accused as a child sex offender as
17		defined in Section 11-9.3 or 11-9.4 of the Criminal Code
18		of 1961 or the Criminal Code of 2012, refrain from
19		communicating with or contacting, by means of the
20		Internet, a person who is related to the accused and whom
21		the accused reasonably believes to be under 18 years of
22		age; for purposes of this paragraph (17), "Internet" has
23		the meaning ascribed to it in Section 16-0.1 of the
24		Criminal Code of 2012; and a person is related to the
25		accused if the person is: (i) the spouse, brother, or
26		sister of the accused; (ii) a descendant of the accused;

SB2435 Enrolled - 1988 - LRB102 04062 AMC 14078 b
1		(iii) a first or second cousin of the accused; or (iv) a
2		step-child or adopted child of the accused;
3		(18) if convicted for an offense committed on or after
4		June 1, 2009 (the effective date of Public Act 95-983)
5		that would qualify as a sex offense as defined in the Sex
6		Offender Registration Act:
7		(i) not access or use a computer or any other
8		device with Internet capability without the prior
9		written approval of the offender's probation officer,
10		except in connection with the offender's employment or
11		search for employment with the prior approval of the
12		offender's probation officer;
13		(ii) submit to periodic unannounced examinations
14		of the offender's computer or any other device with
15		Internet capability by the offender's probation
16		officer, a law enforcement officer, or assigned
17		computer or information technology specialist,
18		including the retrieval and copying of all data from
19		the computer or device and any internal or external
20		peripherals and removal of such information,
21		equipment, or device to conduct a more thorough
22		inspection;
23		(iii) submit to the installation on the offender's
24		computer or device with Internet capability, at the
25		subject's expense, of one or more hardware or software
26		systems to monitor the Internet use; and

SB2435 Enrolled - 1989 - LRB102 04062 AMC 14078 b
1		(iv) submit to any other appropriate restrictions
2		concerning the offender's use of or access to a
3		computer or any other device with Internet capability
4		imposed by the offender's probation officer; and
5		(19) refrain from possessing a firearm or other
6		dangerous weapon where the offense is a misdemeanor that
7		did not involve the intentional or knowing infliction of
8		bodily harm or threat of bodily harm.
9		(c) The court may as a condition of probation or of
10		conditional discharge require that a person under 18 years of
11		age found guilty of any alcohol, cannabis or controlled
12		substance violation, refrain from acquiring a driver's license
13		during the period of probation or conditional discharge. If
14		such person is in possession of a permit or license, the court
15		may require that the minor refrain from driving or operating
16		any motor vehicle during the period of probation or
17		conditional discharge, except as may be necessary in the
18		course of the minor's lawful employment.
19		(d) An offender sentenced to probation or to conditional
20		discharge shall be given a certificate setting forth the
21		conditions thereof.
22		(e) Except where the offender has committed a fourth or
23		subsequent violation of subsection (c) of Section 6-303 of the
24		Illinois Vehicle Code, the court shall not require as a
25		condition of the sentence of probation or conditional
26		discharge that the offender be committed to a period of

SB2435 Enrolled - 1990 - LRB102 04062 AMC 14078 b
1		imprisonment in excess of 6 months. This 6-month limit shall
2		not include periods of confinement given pursuant to a
3		sentence of county impact incarceration under Section 5-8-1.2.
4		Persons committed to imprisonment as a condition of
5		probation or conditional discharge shall not be committed to
6		the Department of Corrections.
7		(f) The court may combine a sentence of periodic
8		imprisonment under Article 7 or a sentence to a county impact
9		incarceration program under Article 8 with a sentence of
10		probation or conditional discharge.
11		(g) An offender sentenced to probation or to conditional
12		discharge and who during the term of either undergoes
13		mandatory drug or alcohol testing, or both, or is assigned to
14		be placed on an approved electronic monitoring device, shall
15		be ordered to pay all costs incidental to such mandatory drug
16		or alcohol testing, or both, and all costs incidental to such
17		approved electronic monitoring in accordance with the
18		defendant's ability to pay those costs. The county board with
19		the concurrence of the Chief Judge of the judicial circuit in
20		which the county is located shall establish reasonable fees
21		for the cost of maintenance, testing, and incidental expenses
22		related to the mandatory drug or alcohol testing, or both, and
23		all costs incidental to approved electronic monitoring,
24		involved in a successful probation program for the county. The
25		concurrence of the Chief Judge shall be in the form of an
26		administrative order. The fees shall be collected by the clerk

SB2435 Enrolled - 1991 - LRB102 04062 AMC 14078 b
1		of the circuit court, except as provided in an administrative
2		order of the Chief Judge of the circuit court. The clerk of the
3		circuit court shall pay all moneys collected from these fees
4		to the county treasurer who shall use the moneys collected to
5		defray the costs of drug testing, alcohol testing, and
6		electronic monitoring. The county treasurer shall deposit the
7		fees collected in the county working cash fund under Section
8		6-27001 or Section 6-29002 of the Counties Code, as the case
9		may be. The Chief Judge of the circuit court of the county may
10		by administrative order establish a program for electronic
11		monitoring of offenders, in which a vendor supplies and
12		monitors the operation of the electronic monitoring device,
13		and collects the fees on behalf of the county. The program
14		shall include provisions for indigent offenders and the
15		collection of unpaid fees. The program shall not unduly burden
16		the offender and shall be subject to review by the Chief Judge.
17		The Chief Judge of the circuit court may suspend any
18		additional charges or fees for late payment, interest, or
19		damage to any device.
20		(h) Jurisdiction over an offender may be transferred from
21		the sentencing court to the court of another circuit with the
22		concurrence of both courts. Further transfers or retransfers
23		of jurisdiction are also authorized in the same manner. The
24		court to which jurisdiction has been transferred shall have
25		the same powers as the sentencing court. The probation
26		department within the circuit to which jurisdiction has been

SB2435 Enrolled - 1992 - LRB102 04062 AMC 14078 b
1		transferred, or which has agreed to provide supervision, may
2		impose probation fees upon receiving the transferred offender,
3		as provided in subsection (i). For all transfer cases, as
4		defined in Section 9b of the Probation and Probation Officers
5		Act, the probation department from the original sentencing
6		court shall retain all probation fees collected prior to the
7		transfer. After the transfer, all probation fees shall be paid
8		to the probation department within the circuit to which
9		jurisdiction has been transferred.
10		(i) The court shall impose upon an offender sentenced to
11		probation after January 1, 1989 or to conditional discharge
12		after January 1, 1992 or to community service under the
13		supervision of a probation or court services department after
14		January 1, 2004, as a condition of such probation or
15		conditional discharge or supervised community service, a fee
16		of $50 for each month of probation or conditional discharge
17		supervision or supervised community service ordered by the
18		court, unless after determining the inability of the person
19		sentenced to probation or conditional discharge or supervised
20		community service to pay the fee, the court assesses a lesser
21		fee. The court may not impose the fee on a minor who is placed
22		in the guardianship or custody of the Department of Children
23		and Family Services under the Juvenile Court Act of 1987 while
24		the minor is in placement. The fee shall be imposed only upon
25		an offender who is actively supervised by the probation and
26		court services department. The fee shall be collected by the

SB2435 Enrolled - 1993 - LRB102 04062 AMC 14078 b
1		clerk of the circuit court. The clerk of the circuit court
2		shall pay all monies collected from this fee to the county
3		treasurer for deposit in the probation and court services fund
4		under Section 15.1 of the Probation and Probation Officers
5		Act.
6		A circuit court may not impose a probation fee under this
7		subsection (i) in excess of $25 per month unless the circuit
8		court has adopted, by administrative order issued by the chief
9		judge, a standard probation fee guide determining an
10		offender's ability to pay. Of the amount collected as a
11		probation fee, up to $5 of that fee collected per month may be
12		used to provide services to crime victims and their families.
13		The Court may only waive probation fees based on an
14		offender's ability to pay. The probation department may
15		re-evaluate an offender's ability to pay every 6 months, and,
16		with the approval of the Director of Court Services or the
17		Chief Probation Officer, adjust the monthly fee amount. An
18		offender may elect to pay probation fees due in a lump sum. Any
19		offender that has been assigned to the supervision of a
20		probation department, or has been transferred either under
21		subsection (h) of this Section or under any interstate
22		compact, shall be required to pay probation fees to the
23		department supervising the offender, based on the offender's
24		ability to pay.
25		Public Act 93-970 deletes the $10 increase in the fee
26		under this subsection that was imposed by Public Act 93-616.

SB2435 Enrolled - 1994 - LRB102 04062 AMC 14078 b
1		This deletion is intended to control over any other Act of the
2		93rd General Assembly that retains or incorporates that fee
3		increase.
4		(i-5) In addition to the fees imposed under subsection (i)
5		of this Section, in the case of an offender convicted of a
6		felony sex offense (as defined in the Sex Offender Management
7		Board Act) or an offense that the court or probation
8		department has determined to be sexually motivated (as defined
9		in the Sex Offender Management Board Act), the court or the
10		probation department shall assess additional fees to pay for
11		all costs of treatment, assessment, evaluation for risk and
12		treatment, and monitoring the offender, based on that
13		offender's ability to pay those costs either as they occur or
14		under a payment plan.
15		(j) All fines and costs imposed under this Section for any
16		violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
17		Code, or a similar provision of a local ordinance, and any
18		violation of the Child Passenger Protection Act, or a similar
19		provision of a local ordinance, shall be collected and
20		disbursed by the circuit clerk as provided under the Criminal
21		and Traffic Assessment Act.
22		(k) Any offender who is sentenced to probation or
23		conditional discharge for a felony sex offense as defined in
24		the Sex Offender Management Board Act or any offense that the
25		court or probation department has determined to be sexually
26		motivated as defined in the Sex Offender Management Board Act

SB2435 Enrolled - 1995 - LRB102 04062 AMC 14078 b
1		shall be required to refrain from any contact, directly or
2		indirectly, with any persons specified by the court and shall
3		be available for all evaluations and treatment programs
4		required by the court or the probation department.
5		(l) The court may order an offender who is sentenced to
6		probation or conditional discharge for a violation of an order
7		of protection be placed under electronic surveillance as
8		provided in Section 5-8A-7 of this Code.
9		(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
10		100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
11		1-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)
12		Section 750. The Open Parole Hearings Act is amended by
13		changing Section 5 as follows:
14		(730 ILCS 105/5) (from Ch. 38, par. 1655)
15		Sec. 5. Definitions. As used in this Act:
16		(a) "Applicant" means an inmate who is being considered
17		for parole by the Prisoner Review Board.
18		(a-1) "Aftercare releasee" means a person released from
19		the Department of Juvenile Justice on aftercare release
20		subject to aftercare revocation proceedings.
21		(b) "Board" means the Prisoner Review Board as established
22		in Section 3-3-1 of the Unified Code of Corrections.
23		(c) "Parolee" means a person subject to parole revocation
24		proceedings.

SB2435 Enrolled - 1996 - LRB102 04062 AMC 14078 b
1		(d) "Parole hearing" means the formal hearing and
2		determination of an inmate being considered for release from
3		incarceration on parole.
4		(e) "Parole, aftercare release, or mandatory supervised
5		release revocation hearing" means the formal hearing and
6		determination of allegations that a parolee, aftercare
7		releasee, or mandatory supervised releasee has violated the
8		conditions of his or her release.
9		(f) "Victim" means a victim or witness of a violent crime
10		as defined in subsection (a) of Section 3 of the Bill of Rights
11		of Crime for Victims and Witnesses of Violent Crime Act, or any
12		person legally related to the victim by blood, marriage,
13		adoption, or guardianship, or any friend of the victim, or any
14		concerned citizen.
15		(g) "Violent crime" means a crime defined in subsection
16		(c) of Section 3 of the Bill of Rights of Crime for Victims and
17		Witnesses of Violent Crime Act.
18		(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17;
19		revised 9-21-20.)
20		Section 755. The Private Detention Facility Moratorium Act
21		is amended by changing Sections 10 and 20 as follows:
22		(730 ILCS 141/10)
23		Sec. 10. Definition Definitions. In this Act, : "detention
24		Detention facility" means any building, facility, or structure

SB2435 Enrolled - 1997 - LRB102 04062 AMC 14078 b
1		used to detain individuals, not including State work release
2		centers or juvenile or adult residential treatment facilities.
3		(Source: P.A. 101-20, eff. 6-21-19; revised 7-23-19.)
4		(730 ILCS 141/20)
5		Sec. 20. Exemptions. This Act does not prohibit the State,
6		a unit of local government, or any sheriff that owns, manages,
7		or operates a detention facility from contracting with a
8		private entity or person to provide ancillary services in that
9		facility, such as, medical services, food service, educational
10		services, or facility repair and maintenance.
11		(Source: P.A. 101-20, eff. 6-21-19; revised 7-23-19.)
12		Section 760. The Illinois Crime Reduction Act of 2009 is
13		amended by changing Section 10 as follows:
14		(730 ILCS 190/10)
15		Sec. 10. Evidence-based programming.
16		(a) Purpose. Research and practice have identified new
17		strategies and policies that can result in a significant
18		reduction in recidivism rates and the successful local
19		reintegration of offenders. The purpose of this Section is to
20		ensure that State and local agencies direct their resources to
21		services and programming that have been demonstrated to be
22		effective in reducing recidivism and reintegrating offenders
23		into the locality.

SB2435 Enrolled - 1998 - LRB102 04062 AMC 14078 b
1		(b) Evidence-based programming in local supervision.
2		(1) The Parole Division of the Department of
3		Corrections and the Prisoner Review Board shall adopt
4		policies, rules, and regulations that, within the first
5		year of the adoption, validation, and utilization of the
6		statewide, standardized risk assessment tool described in
7		this Act, result in at least 25% of supervised individuals
8		being supervised in accordance with evidence-based
9		practices; within 3 years of the adoption, validation, and
10		utilization of the statewide, standardized risk assessment
11		tool result in at least 50% of supervised individuals
12		being supervised in accordance with evidence-based
13		practices; and within 5 years of the adoption, validation,
14		and utilization of the statewide, standardized risk
15		assessment tool result in at least 75% of supervised
16		individuals being supervised in accordance with
17		evidence-based practices. The policies, rules, and
18		regulations shall:
19		(A) Provide for a standardized individual case
20		plan that follows the offender through the criminal
21		justice system (including in-prison if the supervised
22		individual is in prison) that is:
23		(i) Based on the assets of the individual as
24		well as his or her risks and needs identified
25		through the assessment tool as described in this
26		Act.

SB2435 Enrolled - 1999 - LRB102 04062 AMC 14078 b
1		(ii) Comprised of treatment and supervision
2		services appropriate to achieve the purpose of
3		this Act.
4		(iii) Consistently updated, based on program
5		participation by the supervised individual and
6		other behavior modification exhibited by the
7		supervised individual.
8		(B) Concentrate resources and services on
9		high-risk offenders.
10		(C) Provide for the use of evidence-based
11		programming related to education, job training,
12		cognitive behavioral therapy, and other programming
13		designed to reduce criminal behavior.
14		(D) Establish a system of graduated responses.
15		(i) The system shall set forth a menu of
16		presumptive responses for the most common types of
17		supervision violations.
18		(ii) The system shall be guided by the model
19		list of intermediate sanctions created by the
20		Probation Services Division of the State of
21		Illinois pursuant to subsection (1) of Section 15
22		of the Probation and Probation Officers Act and
23		the system of intermediate sanctions created by
24		the Chief Judge of each circuit court pursuant to
25		Section 5-6-1 of the Unified Code of Corrections.
26		(iii) The system of responses shall take into

SB2435 Enrolled - 2000 - LRB102 04062 AMC 14078 b
1		account factors such as the severity of the
2		current violation; the supervised individual's
3		risk level as determined by a validated assessment
4		tool described in this Act; the supervised
5		individual's assets; his or her previous criminal
6		record; and the number and severity of any
7		previous supervision violations.
8		(iv) The system shall also define positive
9		reinforcements that supervised individuals may
10		receive for compliance with conditions of
11		supervision.
12		(v) Response to violations should be swift and
13		certain and should be imposed as soon as
14		practicable but no longer than 3 working days of
15		detection of the violation behavior.
16		(2) Conditions of local supervision (probation and
17		mandatory supervised release). Conditions of local
18		supervision whether imposed by a sentencing judge or the
19		Prisoner Review Board shall be imposed in accordance with
20		the offender's risks, assets, and needs as identified
21		through the assessment tool described in this Act.
22		(3) The Department of Corrections and the Prisoner
23		Review Board shall annually publish an exemplar copy of
24		any evidence-based assessments, questionnaires, or other
25		instruments used to set conditions of release.
26		(c) Evidence-based in-prison programming.

SB2435 Enrolled - 2001 - LRB102 04062 AMC 14078 b
1		(1) The Department of Corrections shall adopt
2		policies, rules, and regulations that, within the first
3		year of the adoption, validation, and utilization of the
4		statewide, standardized risk assessment tool described in
5		this Act, result in at least 25% of incarcerated
6		individuals receiving services and programming in
7		accordance with evidence-based practices; within 3 years
8		of the adoption, validation, and utilization of the
9		statewide, standardized risk assessment tool result in at
10		least 50% of incarcerated individuals receiving services
11		and programming in accordance with evidence-based
12		practices; and within 5 years of the adoption, validation,
13		and utilization of the statewide, standardized risk
14		assessment tool result in at least 75% of incarcerated
15		individuals receiving services and programming in
16		accordance with evidence-based practices. The policies,
17		rules, and regulations shall:
18		(A) Provide for the use and development of a case
19		plan based on the risks, assets, and needs identified
20		through the assessment tool as described in this Act.
21		The case plan should be used to determine in-prison
22		programming; should be continuously updated based on
23		program participation by the prisoner and other
24		behavior modification exhibited by the prisoner; and
25		should be used when creating the case plan described
26		in subsection (b).

SB2435 Enrolled - 2002 - LRB102 04062 AMC 14078 b
1		(B) Provide for the use of evidence-based
2		programming related to education, job training,
3		cognitive behavioral therapy and other evidence-based
4		programming.
5		(C) Establish education programs based on a
6		teacher to student ratio of no more than 1:30.
7		(D) Expand the use of drug prisons, modeled after
8		the Sheridan Correctional Center, to provide
9		sufficient drug treatment and other support services
10		to non-violent inmates with a history of substance
11		abuse.
12		(2) Participation and completion of programming by
13		prisoners can impact earned time credit as determined
14		under Section 3-6-3 of the Unified Code of Corrections.
15		(3) The Department of Corrections shall provide its
16		employees with intensive and ongoing training and
17		professional development services to support the
18		implementation of evidence-based practices. The training
19		and professional development services shall include
20		assessment techniques, case planning, cognitive behavioral
21		training, risk reduction and intervention strategies,
22		effective communication skills, substance abuse treatment
23		education and other topics identified by the Department or
24		its employees.
25		(d) The Parole Division of the Department of Corrections
26		and the Prisoner Review Board shall provide their employees

SB2435 Enrolled - 2003 - LRB102 04062 AMC 14078 b
1		with intensive and ongoing training and professional
2		development services to support the implementation of
3		evidence-based practices. The training and professional
4		development services shall include assessment techniques, case
5		planning, cognitive behavioral training, risk reduction and
6		intervention strategies, effective communication skills,
7		substance abuse treatment education, and other topics
8		identified by the agencies or their employees.
9		(e) The Department of Corrections, the Prisoner Review
10		Board, and other correctional entities referenced in the
11		policies, rules, and regulations of this Act shall design,
12		implement, and make public a system to evaluate the
13		effectiveness of evidence-based practices in increasing public
14		safety and in successful reintegration of those under
15		supervision into the locality. Annually, each agency shall
16		submit to the Sentencing Policy Advisory Council a
17		comprehensive report on the success of implementing
18		evidence-based practices. The data compiled and analyzed by
19		the Council shall be delivered annually to the Governor and
20		the General Assembly.
21		(f) The Department of Corrections and the Prisoner Review
22		Board shall release a report annually published on their
23		websites that reports the following information about the
24		usage of electronic monitoring and GPS monitoring as a
25		condition of parole and mandatory supervised release during
26		the prior calendar year:

SB2435 Enrolled - 2004 - LRB102 04062 AMC 14078 b
1		(1) demographic data of individuals on electronic
2		monitoring and GPS monitoring, separated by the following
3		categories:
4		(A) race or ethnicity;
5		(B) gender; and
6		(C) age;
7		(2) incarceration data of individuals subject to
8		conditions of electronic or GPS monitoring, separated by
9		the following categories:
10		(A) highest class of offense for which the
11		individuals are is currently serving a term of
12		release; and
13		(B) length of imprisonment served prior to the
14		current release period;
15		(3) the number of individuals subject to conditions of
16		electronic or GPS monitoring, separated by the following
17		categories:
18		(A) the number of individuals subject to
19		monitoring under Section 5-8A-6 of the Unified Code of
20		Corrections;
21		(B) the number of individuals subject monitoring
22		under Section 5-8A-7 of the Unified Code of
23		Corrections;
24		(C) the number of individuals subject to
25		monitoring under a discretionary order of the Prisoner
26		Review Board at the time of their release; and

SB2435 Enrolled - 2005 - LRB102 04062 AMC 14078 b
1		(D) the number of individuals subject to
2		monitoring as a sanction for violations of parole or
3		mandatory supervised release, separated by the
4		following categories:
5		(i) the number of individuals subject to
6		monitoring as part of a graduated sanctions
7		program; and
8		(ii) the number of individuals subject to
9		monitoring as a new condition of re-release after
10		a revocation hearing before the Prisoner Review
11		Board;
12		(4) the number of discretionary monitoring orders
13		issued by the Prisoner Review Board, separated by the
14		following categories:
15		(A) less than 30 days;
16		(B) 31 to 60 days;
17		(C) 61 to 90 days;
18		(D) 91 to 120 days;
19		(E) 121 to 150 days;
20		(F) 151 to 180 days;
21		(G) 181 to 364 days;
22		(H) 365 days or more; and
23		(I) duration of release term;
24		(5) the number of discretionary monitoring orders by
25		the Board which removed or terminated monitoring prior to
26		the completion of the original period ordered;

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1		(6) the number and severity category for sanctions
2		imposed on individuals on electronic or GPS monitoring,
3		separated by the following categories:
4		(A) absconding from electronic monitoring or GPS;
5		(B) tampering or removing the electronic
6		monitoring or GPS device;
7		(C) unauthorized leaving of the residence;
8		(D) presence of the individual in a prohibited
9		area; or
10		(E) other violations of the terms of the
11		electronic monitoring program;
12		(7) the number of individuals for whom a parole
13		revocation case was filed for failure to comply with the
14		terms of electronic or GPS monitoring, separated by the
15		following categories:
16		(A) cases when failure to comply with the terms of
17		monitoring was the sole violation alleged; and
18		(B) cases when failure to comply with the terms of
19		monitoring was alleged in conjunction with other
20		alleged violations;
21		(8) residential data for individuals subject to
22		electronic or GPS monitoring, separated by the following
23		categories:
24		(A) the county of the residence address for
25		individuals subject to electronic or GPS monitoring as
26		a condition of their release; and

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1		(B) for counties with a population over 3,000,000,
2		the zip codes of the residence address for individuals
3		subject to electronic or GPS monitoring as a condition
4		of their release;
5		(9) the number of individuals for whom parole
6		revocation cases were filed due to violations of paragraph
7		(1) of subsection (a) of Section 3-3-7 of the Unified Code
8		of Corrections, separated by the following categories:
9		(A) the number of individuals whose violation of
10		paragraph (1) of subsection (a) of Section 3-3-7 of
11		the Unified Code of Corrections allegedly occurred
12		while the individual was subject to conditions of
13		electronic or GPS monitoring;
14		(B) the number of individuals who had violations
15		of paragraph (1) of subsection (a) of Section 3-3-7 of
16		the Unified Code of Corrections alleged against them
17		who were never subject to electronic or GPS monitoring
18		during their current term of release; and
19		(C) the number of individuals who had violations
20		of paragraph (1) of subsection (a) of Section 3-3-7 of
21		the Unified Code of Corrections alleged against them
22		who were subject to electronic or GPS monitoring for
23		any period of time during their current term of their
24		release, but who were not subject to such monitoring
25		at the time of the alleged violation of paragraph (1)
26		of subsection (a) of Section 3-3-7 of the Unified Code

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1		of Corrections.
2		(Source: P.A. 101-231, eff. 1-1-20; revised 9-12-19.)
3		Section 765. The Re-Entering Citizens Civics Education Act
4		is amended by changing Section 5 as follows:
5		(730 ILCS 200/5)
6		Sec. 5. Definitions. In this Act:
7		"Committed person" means a person committed to the
8		Department.
9		"Commitment" means a judicially determined placement in
10		the custody of the Department of Corrections or the Department
11		of Juvenile Justice on the basis of conviction or delinquency.
12		"Correctional institution or facility" means a Department
13		of Corrections or Department of Juvenile Justice building or
14		part of a Department of Corrections or Department of Juvenile
15		Justice building where committed persons are detained in a
16		secure manner.
17		"Department" includes the Department of Corrections and
18		the Department of Juvenile Justice, unless the text solely
19		specifies a particular Department.
20		"Detainee" means a committed person in the physical
21		custody of the Department of Corrections or the Department of
22		Juvenile Justice.
23		"Director" includes the Directors Director of the
24		Department of Corrections and the Department of Juvenile

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1		Justice unless the text solely specifies a particular
2		Director.
3		"Discharge" means the end of a sentence or the final
4		termination of a detainee's physical commitment to and
5		confinement in the Department of Corrections or Department of
6		Juvenile Justice.
7		"Peer educator" means an incarcerated citizen who is
8		specifically trained in voting rights education, who shall
9		conduct voting and civics education workshops for detainees
10		scheduled for discharge within 12 months.
11		"Program" means the nonpartisan peer education and
12		information instruction established by this Act.
13		"Re-entering citizen" means any United States citizen who
14		is: 17 years of age or older; in the physical custody of the
15		Department of Corrections or Department of Juvenile Justice;
16		and scheduled to be re-entering society within 12 months.
17		(Source: P.A. 101-441, eff. 1-1-20; revised 8-19-20.)
18		Section 770. The Code of Civil Procedure is amended by
19		changing Sections 2-206, 2-1401, 5-105, 8-301, and 20-104 and
20		the heading of Article VIII Part 3 as follows:
21		(735 ILCS 5/2-206) (from Ch. 110, par. 2-206)
22		Sec. 2-206. Service by publication; affidavit; mailing;
23		certificate.
24		(a) Whenever, in any action affecting property or status

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1		within the jurisdiction of the court, including an action to
2		obtain the specific performance, reformation, or rescission of
3		a contract for the conveyance of land, except for an action
4		brought under Part 15 of Article XV of this Code that is are
5		subject to subsection (a-5), the plaintiff or his or her
6		attorney shall file, at the office of the clerk of the court in
7		which the action is pending, an affidavit showing that the
8		defendant resides or has gone out of this State, or on due
9		inquiry cannot be found, or is concealed within this State, so
10		that process cannot be served upon him or her, and stating the
11		place of residence of the defendant, if known, or that upon
12		diligent inquiry his or her place of residence cannot be
13		ascertained, the clerk shall cause publication to be made in
14		some newspaper published in the county in which the action is
15		pending. If there is no newspaper published in that county,
16		then the publication shall be in a newspaper published in an
17		adjoining county in this State, having a circulation in the
18		county in which action is pending. The publication shall
19		contain notice of the pendency of the action, the title of the
20		court, the title of the case, showing the names of the first
21		named plaintiff and the first named defendant, the number of
22		the case, the names of the parties to be served by publication,
23		and the date on or after which default may be entered against
24		such party. The clerk shall also, within 10 days of the first
25		publication of the notice, send a copy thereof by mail,
26		addressed to each defendant whose place of residence is stated

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1		in such affidavit. The certificate of the clerk that he or she
2		has sent the copy in pursuance of this Section is evidence that
3		he or she has done so.
4		(a-5) If, in any action brought under Part 15 of Article XV
5		of this Code, the plaintiff, or his or her attorney, shall
6		file, at the office of the clerk of the court in which the
7		action is pending, an affidavit showing that the defendant
8		resides outside of or has left this State, or on due inquiry
9		cannot be found, or is concealed within this State so that
10		process cannot be served upon him or her, and stating the place
11		of residence of the defendant, if known, or that upon diligent
12		inquiry his or her place of residence cannot be ascertained,
13		the plaintiff, or his or her representative, shall cause
14		publication to be made in some newspaper published in the
15		county in which the action is pending. If there is no newspaper
16		published in that county, then the publication shall be in a
17		newspaper published in an adjoining county in this State,
18		having a circulation in the county in which action is pending.
19		The publication shall contain notice of the pendency of the
20		action, the title of the court, the title of the case, showing
21		the names of the first named plaintiff and the first named
22		defendant, the number of the case, the names of the parties to
23		be served by publication, and the date on or after which
24		default may be entered against such party. It shall be the
25		non-delegable duty of the clerk of the court, within 10 days of
26		the first publication of the notice, to send a copy thereof by

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1		mail, addressed to each defendant whose place of residence is
2		stated in such affidavit. The certificate of the clerk of the
3		court that he or she has sent the copy in pursuance of this
4		Section is evidence that he or she has done so.
5		(b) In any action brought by a unit of local government to
6		cause the demolition, repair, or enclosure of a dangerous and
7		unsafe or uncompleted or abandoned building, notice by
8		publication under this Section may be commenced during the
9		time during which attempts are made to locate the defendant
10		for personal service. In that case, the unit of local
11		government shall file with the clerk an affidavit stating that
12		the action meets the requirements of this subsection and that
13		all required attempts are being made to locate the defendant.
14		Upon the filing of the affidavit, the clerk shall cause
15		publication to be made under this Section. Upon completing the
16		attempts to locate the defendant required by this Section, the
17		municipality shall file with the clerk an affidavit meeting
18		the requirements of subsection (a). Service under this
19		subsection shall not be deemed to have been made until the
20		affidavit is filed and service by publication in the manner
21		prescribed in subsection (a) is completed.
22		(Source: P.A. 101-539, eff. 1-1-20; revised 8-19-20.)
23		(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
24		Sec. 2-1401. Relief from judgments.
25		(a) Relief from final orders and judgments, after 30 days

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1		from the entry thereof, may be had upon petition as provided in
2		this Section. Writs of error coram nobis and coram vobis,
3		bills of review and bills in the nature of bills of review are
4		abolished. All relief heretofore obtainable and the grounds
5		for such relief heretofore available, whether by any of the
6		foregoing remedies or otherwise, shall be available in every
7		case, by proceedings hereunder, regardless of the nature of
8		the order or judgment from which relief is sought or of the
9		proceedings in which it was entered. Except as provided in the
10		Illinois Parentage Act of 2015, there shall be no distinction
11		between actions and other proceedings, statutory or otherwise,
12		as to availability of relief, grounds for relief or the relief
13		obtainable.
14		(b) The petition must be filed in the same proceeding in
15		which the order or judgment was entered but is not a
16		continuation thereof. The petition must be supported by
17		affidavit or other appropriate showing as to matters not of
18		record. A petition to reopen a foreclosure proceeding must
19		include as parties to the petition, but is not limited to, all
20		parties in the original action in addition to the current
21		record title holders of the property, current occupants, and
22		any individual or entity that had a recorded interest in the
23		property before the filing of the petition. All parties to the
24		petition shall be notified as provided by rule.
25		(b-5) A movant may present a meritorious claim under this
26		Section if the allegations in the petition establish each of

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1		the following by a preponderance of the evidence:
2		(1) the movant was convicted of a forcible felony;
3		(2) the movant's participation in the offense was
4		related to him or her previously having been a victim of
5		domestic violence as perpetrated by an intimate partner;
6		(3) no evidence of domestic violence against the
7		movant was presented at the movant's sentencing hearing;
8		(4) the movant was unaware of the mitigating nature of
9		the evidence of the domestic violence at the time of
10		sentencing and could not have learned of its significance
11		sooner through diligence; and
12		(5) the new evidence of domestic violence against the
13		movant is material and noncumulative to other evidence
14		offered at the sentencing hearing, and is of such a
15		conclusive character that it would likely change the
16		sentence imposed by the original trial court.
17		Nothing in this subsection (b-5) shall prevent a movant
18		from applying for any other relief under this Section or any
19		other law otherwise available to him or her.
20		As used in this subsection (b-5):
21		"Domestic violence" means abuse as defined in Section
22		103 of the Illinois Domestic Violence Act of 1986.
23		"Forcible felony" has the meaning ascribed to the term
24		in Section 2-8 of the Criminal Code of 2012.
25		"Intimate partner" means a spouse or former spouse,
26		persons who have or allegedly have had a child in common,

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1		or persons who have or have had a dating or engagement
2		relationship.
3		(b-10) A movant may present a meritorious claim under this
4		Section if the allegations in the petition establish each of
5		the following by a preponderance of the evidence:
6		(A) she was convicted of a forcible felony;
7		(B) her participation in the offense was a direct
8		result of her suffering from post-partum depression or
9		post-partum psychosis;
10		(C) no evidence of post-partum depression or
11		post-partum psychosis was presented by a qualified medical
12		person at trial or sentencing, or both;
13		(D) she was unaware of the mitigating nature of the
14		evidence or, if aware, was at the time unable to present
15		this defense due to suffering from post-partum depression
16		or post-partum psychosis, or, at the time of trial or
17		sentencing, neither was a recognized mental illness and as
18		such, she was unable to receive proper treatment; and
19		(E) evidence of post-partum depression or post-partum
20		psychosis as suffered by the person is material and
21		noncumulative to other evidence offered at the time of
22		trial or sentencing, and it is of such a conclusive
23		character that it would likely change the sentence imposed
24		by the original court.
25		Nothing in this subsection (b-10) prevents a person from
26		applying for any other relief under this Article or any other

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1		law otherwise available to her.
2		As used in this subsection (b-10):
3		"Post-partum depression" means a mood disorder which
4		strikes many women during and after pregnancy and usually
5		occurs during pregnancy and up to 12 months after
6		delivery. This depression can include anxiety disorders.
7		"Post-partum psychosis" means an extreme form of
8		post-partum depression which can occur during pregnancy
9		and up to 12 months after delivery. This can include
10		losing touch with reality, distorted thinking, delusions,
11		auditory and visual hallucinations, paranoia,
12		hyperactivity and rapid speech, or mania.
13		(c) Except as provided in Section 20b of the Adoption Act
14		and Section 2-32 of the Juvenile Court Act of 1987 or in a
15		petition based upon Section 116-3 of the Code of Criminal
16		Procedure of 1963 or subsection (b-10) of this Section, or in a
17		motion to vacate and expunge convictions under the Cannabis
18		Control Act as provided by subsection (i) of Section 5.2 of the
19		Criminal Identification Act, the petition must be filed not
20		later than 2 years after the entry of the order or judgment.
21		Time during which the person seeking relief is under legal
22		disability or duress or the ground for relief is fraudulently
23		concealed shall be excluded in computing the period of 2
24		years.
25		(d) The filing of a petition under this Section does not
26		affect the order or judgment, or suspend its operation.

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1		(e) Unless lack of jurisdiction affirmatively appears from
2		the record proper, the vacation or modification of an order or
3		judgment pursuant to the provisions of this Section does not
4		affect the right, title or interest in or to any real or
5		personal property of any person, not a party to the original
6		action, acquired for value after the entry of the order or
7		judgment but before the filing of the petition, nor affect any
8		right of any person not a party to the original action under
9		any certificate of sale issued before the filing of the
10		petition, pursuant to a sale based on the order or judgment.
11		When a petition is filed pursuant to this Section to reopen a
12		foreclosure proceeding, notwithstanding the provisions of
13		Section 15-1701 of this Code, the purchaser or successor
14		purchaser of real property subject to a foreclosure sale who
15		was not a party to the mortgage foreclosure proceedings is
16		entitled to remain in possession of the property until the
17		foreclosure action is defeated or the previously foreclosed
18		defendant redeems from the foreclosure sale if the purchaser
19		has been in possession of the property for more than 6 months.
20		(f) Nothing contained in this Section affects any existing
21		right to relief from a void order or judgment, or to employ any
22		existing method to procure that relief.
23		(Source: P.A. 100-1048, eff. 8-23-18; 101-27, eff. 6-25-19;
24		101-411, eff. 8-16-19; revised 9-17-19.)
25		(735 ILCS 5/5-105) (from Ch. 110, par. 5-105)

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1		Sec. 5-105. Waiver of court fees, costs, and charges.
2		(a) As used in this Section:
3		(1) "Fees, costs, and charges" means payments imposed
4		on a party in connection with the prosecution or defense
5		of a civil action, including, but not limited to: fees set
6		forth in Section 27.1b of the Clerks of Courts Act; fees
7		for service of process and other papers served either
8		within or outside this State, including service by
9		publication pursuant to Section 2-206 of this Code and
10		publication of necessary legal notices; motion fees;
11		charges for participation in, or attendance at, any
12		mandatory process or procedure including, but not limited
13		to, conciliation, mediation, arbitration, counseling,
14		evaluation, "Children First", "Focus on Children" or
15		similar programs; fees for supplementary proceedings;
16		charges for translation services; guardian ad litem fees;
17		and all other processes and procedures deemed by the court
18		to be necessary to commence, prosecute, defend, or enforce
19		relief in a civil action.
20		(2) "Indigent person" means any person who meets one
21		or more of the following criteria:
22		(i) He or she is receiving assistance under one or
23		more of the following means-based governmental public
24		benefits programs: Supplemental Security Income (SSI),
25		Aid to the Aged, Blind and Disabled (AABD), Temporary
26		Assistance for Needy Families (TANF), Supplemental

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1		Nutrition Assistance Program (SNAP), General
2		Assistance, Transitional Assistance, or State Children
3		and Family Assistance.
4		(ii) His or her available personal income is 125%
5		or less of the current poverty level, unless the
6		applicant's assets that are not exempt under Part 9 or
7		10 of Article XII of this Code are of a nature and
8		value that the court determines that the applicant is
9		able to pay the fees, costs, and charges.
10		(iii) He or she is, in the discretion of the court,
11		unable to proceed in an action without payment of
12		fees, costs, and charges and whose payment of those
13		fees, costs, and charges would result in substantial
14		hardship to the person or his or her family.
15		(iv) He or she is an indigent person pursuant to
16		Section 5-105.5 of this Code.
17		(3) "Poverty level" means the current poverty level as
18		established by the United States Department of Health and
19		Human Services.
20		(b) On the application of any person, before or after the
21		commencement of an action:
22		(1) If the court finds that the applicant is an
23		indigent person, the court shall grant the applicant a
24		full fees, costs, and charges waiver entitling him or her
25		to sue or defend the action without payment of any of the
26		fees, costs, and charges.

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1		(2) If the court finds that the applicant satisfies
2		any of the criteria contained in items (i), (ii), or (iii)
3		of this subdivision (b)(2), the court shall grant the
4		applicant a partial fees, costs, and charges waiver
5		entitling him or her to sue or defend the action upon
6		payment of the applicable percentage of the assessments,
7		costs, and charges of the action, as follows:
8		(i) the court shall waive 75% of all fees, costs,
9		and charges if the available income of the applicant
10		is greater than 125% but does not exceed 150% of the
11		poverty level, unless the assets of the applicant that
12		are not exempt under Part 9 or 10 of Article XII of
13		this Code are such that the applicant is able, without
14		undue hardship, to pay a greater portion of the fees,
15		costs, and charges;
16		(ii) the court shall waive 50% of all fees, costs,
17		and charges if the available income is greater than
18		150% but does not exceed 175% of the poverty level,
19		unless the assets of the applicant that are not exempt
20		under Part 9 or 10 of Article XII of this Code are such
21		that the applicant is able, without undue hardship, to
22		pay a greater portion of the fees, costs, and charges;
23		and
24		(iii) the court shall waive 25% of all fees,
25		costs, and charges if the available income of the
26		applicant is greater than 175% but does not exceed

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1		200% of the current poverty level, unless the assets
2		of the applicant that are not exempt under Part 9 or 10
3		of Article XII of this Code are such that the applicant
4		is able, without undue hardship, to pay a greater
5		portion of the fees, costs, and charges.
6		(c) An application for waiver of court fees, costs, and
7		charges shall be in writing and signed by the applicant, or, if
8		the applicant is a minor or an incompetent adult, by another
9		person having knowledge of the facts. The contents of the
10		application for waiver of court fees, costs, and charges, and
11		the procedure for the decision of the applications, shall be
12		established by Supreme Court Rule. Factors to consider in
13		evaluating an application shall include:
14		(1) the applicant's receipt of needs based
15		governmental public benefits, including Supplemental
16		Security Income (SSI); Aid to the Aged, Blind and Disabled
17		(AABD ADBD); Temporary Assistance for Needy Families
18		(TANF); Supplemental Nutrition Assistance Program (SNAP or
19		"food stamps"); General Assistance; Transitional
20		Assistance; or State Children and Family Assistance;
21		(2) the employment status of the applicant and amount
22		of monthly income, if any;
23		(3) income received from the applicant's pension,
24		Social Security benefits, unemployment benefits, and other
25		sources;
26		(4) income received by the applicant from other

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1		household members;
2		(5) the applicant's monthly expenses, including rent,
3		home mortgage, other mortgage, utilities, food, medical,
4		vehicle, childcare, debts, child support, and other
5		expenses; and
6		(6) financial affidavits or other similar supporting
7		documentation provided by the applicant showing that
8		payment of the imposed fees, costs, and charges would
9		result in substantial hardship to the applicant or the
10		applicant's family.
11		(c-5) The court shall provide, through the office of the
12		clerk of the court, the application for waiver of court fees,
13		costs, and charges to any person seeking to sue or defend an
14		action who indicates an inability to pay the fees, costs, and
15		charges of the action. The clerk of the court shall post in a
16		conspicuous place in the courthouse a notice no smaller than
17		8.5 x 11 inches, using no smaller than 30-point typeface
18		printed in English and in Spanish, advising the public that
19		they may ask the court for permission to sue or defend a civil
20		action without payment of fees, costs, and charges. The notice
21		shall be substantially as follows:
22		"If you are unable to pay the fees, costs, and charges
23		of an action you may ask the court to allow you to proceed
24		without paying them. Ask the clerk of the court for
25		forms."
26		(d) (Blank).

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1		(e) The clerk of the court shall not refuse to accept and
2		file any complaint, appearance, or other paper presented by
3		the applicant if accompanied by an application for waiver of
4		court fees, costs, and charges, and those papers shall be
5		considered filed on the date the application is presented. If
6		the application is denied or a partial fees, costs, and
7		charges waiver is granted, the order shall state a date
8		certain by which the necessary fees, costs, and charges must
9		be paid. For good cause shown, the court may allow an applicant
10		who receives a partial fees, costs, and charges waiver to
11		defer payment of fees, costs, and charges, make installment
12		payments, or make payment upon reasonable terms and conditions
13		stated in the order. The court may dismiss the claims or strike
14		the defenses of any party failing to pay the fees, costs, and
15		charges within the time and in the manner ordered by the court.
16		A judicial ruling on an application for waiver of court
17		assessments does not constitute a decision of a substantial
18		issue in the case under Section 2-1001 of this Code.
19		(f) The order granting a full or partial fees, costs, and
20		charges waiver shall expire after one year. Upon expiration of
21		the waiver, or a reasonable period of time before expiration,
22		the party whose fees, costs, and charges were waived may file
23		another application for waiver and the court shall consider
24		the application in accordance with the applicable Supreme
25		Court Rule.
26		(f-5) If, before or at the time of final disposition of the

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1		case, the court obtains information, including information
2		from the court file, suggesting that a person whose fees,
3		costs, and charges were initially waived was not entitled to a
4		full or partial waiver at the time of application, the court
5		may require the person to appear at a court hearing by giving
6		the applicant no less than 10 days' written notice of the
7		hearing and the specific reasons why the initial waiver might
8		be reconsidered. The court may require the applicant to
9		provide reasonably available evidence, including financial
10		information, to support his or her eligibility for the waiver,
11		but the court shall not require submission of information that
12		is unrelated to the criteria for eligibility and application
13		requirements set forth in subdivision (b)(1) or (b)(2) of this
14		Section. If the court finds that the person was not initially
15		entitled to any waiver, the person shall pay all fees, costs,
16		and charges relating to the civil action, including any
17		previously waived fees, costs, and charges. The order may
18		state terms of payment in accordance with subsection (e). The
19		court shall not conduct a hearing under this subsection more
20		often than once every 6 months.
21		(f-10) If, before or at the time of final disposition of
22		the case, the court obtains information, including information
23		from the court file, suggesting that a person who received a
24		full or partial waiver has experienced a change in financial
25		condition so that he or she is no longer eligible for that
26		waiver, the court may require the person to appear at a court

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1		hearing by giving the applicant no less than 10 days' written
2		notice of the hearing and the specific reasons why the waiver
3		might be reconsidered. The court may require the person to
4		provide reasonably available evidence, including financial
5		information, to support his or her continued eligibility for
6		the waiver, but shall not require submission of information
7		that is unrelated to the criteria for eligibility and
8		application requirements set forth in subdivisions (b)(1) and
9		(b)(2) of this Section. If the court enters an order finding
10		that the person is no longer entitled to a waiver, or is
11		entitled to a partial waiver different than that which the
12		person had previously received, the person shall pay the
13		requisite fees, costs, and charges from the date of the order
14		going forward. The order may state terms of payment in
15		accordance with subsection (e) of this Section. The court
16		shall not conduct a hearing under this subsection more often
17		than once every 6 months.
18		(g) A court, in its discretion, may appoint counsel to
19		represent an indigent person, and that counsel shall perform
20		his or her duties without fees, charges, or reward.
21		(h) Nothing in this Section shall be construed to affect
22		the right of a party to sue or defend an action in forma
23		pauperis without the payment of fees, costs, charges, or the
24		right of a party to court-appointed counsel, as authorized by
25		any other provision of law or by the rules of the Illinois
26		Supreme Court. Nothing in this Section shall be construed to

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1		limit the authority of a court to order another party to the
2		action to pay the fees, costs, and charges of the action.
3		(h-5) If a party is represented by a civil legal services
4		provider or an attorney in a court-sponsored pro bono program
5		as defined in Section 5-105.5 of this Code, the attorney
6		representing that party shall file a certification with the
7		court in accordance with Supreme Court Rule 298 and that party
8		shall be allowed to sue or defend without payment of fees,
9		costs, and charges without filing an application under this
10		Section.
11		(h-10) (Blank).
12		(i) The provisions of this Section are severable under
13		Section 1.31 of the Statute on Statutes.
14		(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
15		101-36, eff. 6-28-19; revised 8-6-19.)
16		(735 ILCS 5/Art. VIII Pt. 3 heading)
17		Part 3. Surviving Partner or Joint Contractor Joint-Contractor
18		(735 ILCS 5/8-301) (from Ch. 110, par. 8-301)
19		Sec. 8-301. Surviving partner or joint contractor
20		joint-contractor. In any action or proceeding by or against
21		any surviving partner or partners, or joint contractor or
22		joint contractors, no adverse party or person adversely
23		interested in the event thereof, shall, by virtue of Section
24		8-101 of this Act, be rendered a competent witness to testify

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1		to any admission or conversation by any deceased partner or
2		joint contractor, unless some one or more of the surviving
3		partners or joint contractors were also present at the time of
4		such admission or conversation; and in every action or
5		proceeding a party to the same who has contracted with an agent
6		of the adverse party - the agent having since died - shall not
7		be a competent witness as to any admission or conversation
8		between himself or herself and such agent, unless such
9		admission or conversation with the deceased agent was had or
10		made in the presence of a surviving agent or agents of such
11		adverse party, and then only except where the conditions are
12		such that under the provisions of Sections 8-201 and 8-401 of
13		this Act he or she would have been permitted to testify if the
14		deceased person had been a principal and not an agent.
15		(Source: P.A. 82-280; revised 7-16-19.)
16		(735 ILCS 5/20-104) (from Ch. 110, par. 20-104)
17		Sec. 20-104. (a) Before any action is instituted pursuant
18		to this Act, the State or local governmental unit shall make a
19		good faith attempt to collect amounts owed to it by using
20		informal procedures and methods. Civil recoveries provided for
21		in this Article shall be recoverable only: (1) in actions on
22		behalf of the State, by the Attorney General; (2) in actions on
23		behalf of a municipality with a population over 500,000, by
24		the corporation counsel of such municipality; and (3) in
25		actions on behalf of any other local governmental unit, by

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1		counsel designated by the local government unit or, if so
2		requested by the local governmental unit and the state's
3		attorney so agrees, by the state's attorney. However, nothing
4		in clause (3) of this subsection (a) shall affect agreements
5		made pursuant to the State's Attorneys Attorney Appellate
6		Prosecutor's Act, as amended. If the state's attorney of a
7		county brings an action on behalf of another unit of local
8		government pursuant to this Section, the county shall be
9		reimbursed by the unit of local government in an amount
10		mutually agreed upon before the action is initiated.
11		(b) Notwithstanding any other provision in this Section,
12		any private citizen residing within the boundaries of the
13		governmental unit affected may bring an action to recover the
14		damages authorized in this Article on behalf of such
15		governmental unit if: (a) the citizen has sent a letter by
16		certified mail, return receipt requested, to the appropriate
17		government official stating his intention to file suit for
18		recovery under this Article and (b) the appropriate
19		governmental official has not, within 60 days of the date of
20		delivery on the citizen's return receipt, either instituted an
21		action for recovery or sent notice to the citizen by certified
22		mail, return receipt requested, that the official has arranged
23		for a settlement with the party alleged to have illegally
24		obtained the compensation or that the official intends to
25		commence suit within 60 days of the date of the notice. A
26		denial by the official of the liability of the party alleged

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1		liable by the citizen, failure to have actually arranged for a
2		settlement as stated, or failure to commence a suit within the
3		designated period after having stated the intention in the
4		notice to do so shall also permit the citizen to commence the
5		action.
6		For purposes of this subsection (b), "appropriate
7		government official" shall mean: (1) the Attorney General,
8		where the government unit alleged damaged is the State; (2)
9		the corporation counsel where the government unit alleged
10		damaged is a municipality with a population of over 500,000;
11		and (3) the chief executive officer of any other local
12		government unit where that unit is alleged damaged.
13		Any private citizen commencing an action in compliance
14		with this subsection which is reasonable and commenced in good
15		faith shall be entitled to recover court costs and litigation
16		expenses, including reasonable attorney's fees, from any
17		defendant found liable under this Article.
18		(Source: P.A. 84-1462; revised 7-16-19.)
19		Section 775. The Parental Right of Recovery Act is amended
20		by changing Section 2 as follows:
21		(740 ILCS 120/2) (from Ch. 70, par. 602)
22		Sec. 2. For the purpose of this Act, unless the context
23		clearly requires otherwise:
24		(1) "Illegal drug" means (i) any substance as defined and

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1		included in the Schedules of Article II of the Illinois
2		Controlled Substances Act, (ii) any cannabis as defined in
3		Section 3 of the Cannabis Control Act, or (iii) any drug as
4		defined in paragraph (b) of Section 3 of the Pharmacy Practice
5		Act which is obtained without a prescription or otherwise in
6		violation of the law.
7		(2) "Minor" means a person who has not attained age 18.
8		(3) "Legal guardian" means a person appointed guardian, or
9		given custody, of a minor by a circuit court of this State, but
10		does not include a person appointed guardian, or given
11		custody, of a minor under the Juvenile Court Act or the
12		Juvenile Court Act of 1987.
13		(4) "Parent" means any natural or adoptive parent of a
14		minor.
15		(5) "Person" means any natural person, corporation,
16		association, partnership, or other organization.
17		(6) "Prescription" means any order for drugs, written or
18		verbal, by a physician, dentist, veterinarian, or other person
19		authorized to prescribe drugs within the limits of his or her
20		license, containing the following: (1) name Name of the
21		patient; (2) date when prescription was given; (3) name and
22		strength of drug prescribed; (4) quantity, directions for use,
23		prescriber's name, address and signature, and the United
24		States Drug Enforcement Administration Agency number where
25		required, for controlled substances.
26		(7) "Sale or transfer" means the actual or constructive

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1		transfer of possession of an illegal drug, with or without
2		consideration, whether directly or through an agent.
3		(Source: P.A. 95-689, eff. 10-29-07; revised 8-19-20.)
4		Section 780. The Federal Law Enforcement Officer Immunity
5		Act is amended by changing Section 5 as follows:
6		(745 ILCS 22/5)
7		Sec. 5. Definition. As used in this Act, "federal law
8		enforcement officer" means any officer, agent, or employee of
9		the federal government commissioned by federal statute to make
10		arrests for violations of federal criminal laws, including but
11		not limited to, all criminal investigators of:
12		(a) The United States Department of Justice, the
13		Federal Bureau of Investigation, the Drug Enforcement
14		Administration, Agency and all United States Marshals or
15		Deputy United States Marshals whose duties involve the
16		enforcement of federal criminal laws;
17		(a-5) The United States Department of Homeland
18		Security, United States Citizenship and Immigration
19		Services, United States Coast Guard, United States Customs
20		and Border Protection, and United States Immigration and
21		Customs Enforcement;
22		(b) The United States Department of the Treasury, the
23		Alcohol and Tobacco Tax and Trade Bureau, and the United
24		States Secret Service;

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1		(c) The United States Internal Revenue Service;
2		(d) The United States General Services Administration;
3		(e) The United States Postal Service;
4		(f) (Blank); and
5		(g) The United States Department of Defense.
6		(Source: P.A. 99-651, eff. 1-1-17; revised 8-19-20.)
7		Section 785. The Good Samaritan Food Donor Act is amended
8		by changing Section 2.02 as follows:
9		(745 ILCS 50/2.02) (from Ch. 56 1/2, par. 2002.02)
10		Sec. 2.02. "Charitable organization" is defined as set
11		forth in Section 1 of the Solicitation for Charity Act "An Act
12		to regulate solicitation and collection of funds for
13		charitable purposes, providing for violations thereof, and
14		making an appropriation therefor", approved July 26, 1963, as
15		amended.
16		(Source: P.A. 82-580; revised 9-4-20.)
17		Section 790. The Adoption Act is amended by changing
18		Section 1 as follows:
19		(750 ILCS 50/1) (from Ch. 40, par. 1501)
20		Sec. 1. Definitions. When used in this Act, unless the
21		context otherwise requires:
22		A. "Child" means a person under legal age subject to

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1		adoption under this Act.
2		B. "Related child" means a child subject to adoption where
3		either or both of the adopting parents stands in any of the
4		following relationships to the child by blood, marriage,
5		adoption, or civil union: parent, grand-parent,
6		great-grandparent, brother, sister, step-parent,
7		step-grandparent, step-brother, step-sister, uncle, aunt,
8		great-uncle, great-aunt, first cousin, or second cousin. A
9		person is related to the child as a first cousin or second
10		cousin if they are both related to the same ancestor as either
11		grandchild or great-grandchild. A child whose parent has
12		executed a consent to adoption, a surrender, or a waiver
13		pursuant to Section 10 of this Act or whose parent has signed a
14		denial of paternity pursuant to Section 12 of the Vital
15		Records Act or Section 12a of this Act, or whose parent has had
16		his or her parental rights terminated, is not a related child
17		to that person, unless (1) the consent is determined to be void
18		or is void pursuant to subsection O of Section 10 of this Act;
19		or (2) the parent of the child executed a consent to adoption
20		by a specified person or persons pursuant to subsection A-1 of
21		Section 10 of this Act and a court of competent jurisdiction
22		finds that such consent is void; or (3) the order terminating
23		the parental rights of the parent is vacated by a court of
24		competent jurisdiction.
25		C. "Agency" for the purpose of this Act means a public
26		child welfare agency or a licensed child welfare agency.

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1		D. "Unfit person" means any person whom the court shall
2		find to be unfit to have a child, without regard to the
3		likelihood that the child will be placed for adoption. The
4		grounds of unfitness are any one or more of the following,
5		except that a person shall not be considered an unfit person
6		for the sole reason that the person has relinquished a child in
7		accordance with the Abandoned Newborn Infant Protection Act:
8		(a) Abandonment of the child.
9		(a-1) Abandonment of a newborn infant in a hospital.
10		(a-2) Abandonment of a newborn infant in any setting
11		where the evidence suggests that the parent intended to
12		relinquish his or her parental rights.
13		(b) Failure to maintain a reasonable degree of
14		interest, concern or responsibility as to the child's
15		welfare.
16		(c) Desertion of the child for more than 3 months next
17		preceding the commencement of the Adoption proceeding.
18		(d) Substantial neglect of the child if continuous or
19		repeated.
20		(d-1) Substantial neglect, if continuous or repeated,
21		of any child residing in the household which resulted in
22		the death of that child.
23		(e) Extreme or repeated cruelty to the child.
24		(f) There is a rebuttable presumption, which can be
25		overcome only by clear and convincing evidence, that a
26		parent is unfit if:

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1		(1) Two or more findings of physical abuse have
2		been entered regarding any children under Section 2-21
3		of the Juvenile Court Act of 1987, the most recent of
4		which was determined by the juvenile court hearing the
5		matter to be supported by clear and convincing
6		evidence; or
7		(2) The parent has been convicted or found not
8		guilty by reason of insanity and the conviction or
9		finding resulted from the death of any child by
10		physical abuse; or
11		(3) There is a finding of physical child abuse
12		resulting from the death of any child under Section
13		2-21 of the Juvenile Court Act of 1987.
14		No conviction or finding of delinquency pursuant to
15		Article V of the Juvenile Court Act of 1987 shall be
16		considered a criminal conviction for the purpose of
17		applying any presumption under this item (f).
18		(g) Failure to protect the child from conditions
19		within his environment injurious to the child's welfare.
20		(h) Other neglect of, or misconduct toward the child;
21		provided that in making a finding of unfitness the court
22		hearing the adoption proceeding shall not be bound by any
23		previous finding, order or judgment affecting or
24		determining the rights of the parents toward the child
25		sought to be adopted in any other proceeding except such
26		proceedings terminating parental rights as shall be had

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1		under either this Act, the Juvenile Court Act or the
2		Juvenile Court Act of 1987.
3		(i) Depravity. Conviction of any one of the following
4		crimes shall create a presumption that a parent is
5		depraved which can be overcome only by clear and
6		convincing evidence: (1) first degree murder in violation
7		of paragraph (1) 1 or (2) 2 of subsection (a) of Section
8		9-1 of the Criminal Code of 1961 or the Criminal Code of
9		2012 or conviction of second degree murder in violation of
10		subsection (a) of Section 9-2 of the Criminal Code of 1961
11		or the Criminal Code of 2012 of a parent of the child to be
12		adopted; (2) first degree murder or second degree murder
13		of any child in violation of the Criminal Code of 1961 or
14		the Criminal Code of 2012; (3) attempt or conspiracy to
15		commit first degree murder or second degree murder of any
16		child in violation of the Criminal Code of 1961 or the
17		Criminal Code of 2012; (4) solicitation to commit murder
18		of any child, solicitation to commit murder of any child
19		for hire, or solicitation to commit second degree murder
20		of any child in violation of the Criminal Code of 1961 or
21		the Criminal Code of 2012; (5) predatory criminal sexual
22		assault of a child in violation of Section 11-1.40 or
23		12-14.1 of the Criminal Code of 1961 or the Criminal Code
24		of 2012; (6) heinous battery of any child in violation of
25		the Criminal Code of 1961; (7) aggravated battery of any
26		child in violation of the Criminal Code of 1961 or the

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1		Criminal Code of 2012; (8) any violation of Section
2		11-1.20 or Section 12-13 of the Criminal Code of 1961 or
3		the Criminal Code of 2012; (9) any violation of subsection
4		(a) of Section 11-1.50 or Section 12-16 of the Criminal
5		Code of 1961 or the Criminal Code of 2012; (10) any
6		violation of Section 11-9.1 of the Criminal Code of 1961
7		or the Criminal Code of 2012; (11) any violation of
8		Section 11-9.1A of the Criminal Code of 1961 or the
9		Criminal Code of 2012; or (12) an offense in any other
10		state the elements of which are similar and bear a
11		substantial relationship to any of the enumerated offenses
12		in this subsection (i).
13		There is a rebuttable presumption that a parent is
14		depraved if the parent has been criminally convicted of at
15		least 3 felonies under the laws of this State or any other
16		state, or under federal law, or the criminal laws of any
17		United States territory; and at least one of these
18		convictions took place within 5 years of the filing of the
19		petition or motion seeking termination of parental rights.
20		There is a rebuttable presumption that a parent is
21		depraved if that parent has been criminally convicted of
22		either first or second degree murder of any person as
23		defined in the Criminal Code of 1961 or the Criminal Code
24		of 2012 within 10 years of the filing date of the petition
25		or motion to terminate parental rights.
26		No conviction or finding of delinquency pursuant to

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1		Article 5 of the Juvenile Court Act of 1987 shall be
2		considered a criminal conviction for the purpose of
3		applying any presumption under this item (i).
4		(j) Open and notorious adultery or fornication.
5		(j-1) (Blank).
6		(k) Habitual drunkenness or addiction to drugs, other
7		than those prescribed by a physician, for at least one
8		year immediately prior to the commencement of the
9		unfitness proceeding.
10		There is a rebuttable presumption that a parent is
11		unfit under this subsection with respect to any child to
12		which that parent gives birth where there is a confirmed
13		test result that at birth the child's blood, urine, or
14		meconium contained any amount of a controlled substance as
15		defined in subsection (f) of Section 102 of the Illinois
16		Controlled Substances Act or metabolites of such
17		substances, the presence of which in the newborn infant
18		was not the result of medical treatment administered to
19		the mother or the newborn infant; and the biological
20		mother of this child is the biological mother of at least
21		one other child who was adjudicated a neglected minor
22		under subsection (c) of Section 2-3 of the Juvenile Court
23		Act of 1987.
24		(l) Failure to demonstrate a reasonable degree of
25		interest, concern or responsibility as to the welfare of a
26		new born child during the first 30 days after its birth.

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1		(m) Failure by a parent (i) to make reasonable efforts
2		to correct the conditions that were the basis for the
3		removal of the child from the parent during any 9-month
4		period following the adjudication of neglected or abused
5		minor under Section 2-3 of the Juvenile Court Act of 1987
6		or dependent minor under Section 2-4 of that Act, or (ii)
7		to make reasonable progress toward the return of the child
8		to the parent during any 9-month period following the
9		adjudication of neglected or abused minor under Section
10		2-3 of the Juvenile Court Act of 1987 or dependent minor
11		under Section 2-4 of that Act. If a service plan has been
12		established as required under Section 8.2 of the Abused
13		and Neglected Child Reporting Act to correct the
14		conditions that were the basis for the removal of the
15		child from the parent and if those services were
16		available, then, for purposes of this Act, "failure to
17		make reasonable progress toward the return of the child to
18		the parent" includes the parent's failure to substantially
19		fulfill his or her obligations under the service plan and
20		correct the conditions that brought the child into care
21		during any 9-month period following the adjudication under
22		Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
23		Notwithstanding any other provision, when a petition or
24		motion seeks to terminate parental rights on the basis of
25		item (ii) of this subsection (m), the petitioner shall
26		file with the court and serve on the parties a pleading

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1		that specifies the 9-month period or periods relied on.
2		The pleading shall be filed and served on the parties no
3		later than 3 weeks before the date set by the court for
4		closure of discovery, and the allegations in the pleading
5		shall be treated as incorporated into the petition or
6		motion. Failure of a respondent to file a written denial
7		of the allegations in the pleading shall not be treated as
8		an admission that the allegations are true.
9		(m-1) (Blank).
10		(n) Evidence of intent to forgo his or her parental
11		rights, whether or not the child is a ward of the court,
12		(1) as manifested by his or her failure for a period of 12
13		months: (i) to visit the child, (ii) to communicate with
14		the child or agency, although able to do so and not
15		prevented from doing so by an agency or by court order, or
16		(iii) to maintain contact with or plan for the future of
17		the child, although physically able to do so, or (2) as
18		manifested by the father's failure, where he and the
19		mother of the child were unmarried to each other at the
20		time of the child's birth, (i) to commence legal
21		proceedings to establish his paternity under the Illinois
22		Parentage Act of 1984, the Illinois Parentage Act of 2015,
23		or the law of the jurisdiction of the child's birth within
24		30 days of being informed, pursuant to Section 12a of this
25		Act, that he is the father or the likely father of the
26		child or, after being so informed where the child is not

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1		yet born, within 30 days of the child's birth, or (ii) to
2		make a good faith effort to pay a reasonable amount of the
3		expenses related to the birth of the child and to provide a
4		reasonable amount for the financial support of the child,
5		the court to consider in its determination all relevant
6		circumstances, including the financial condition of both
7		parents; provided that the ground for termination provided
8		in this subparagraph (n)(2)(ii) shall only be available
9		where the petition is brought by the mother or the husband
10		of the mother.
11		Contact or communication by a parent with his or her
12		child that does not demonstrate affection and concern does
13		not constitute reasonable contact and planning under
14		subdivision (n). In the absence of evidence to the
15		contrary, the ability to visit, communicate, maintain
16		contact, pay expenses and plan for the future shall be
17		presumed. The subjective intent of the parent, whether
18		expressed or otherwise, unsupported by evidence of the
19		foregoing parental acts manifesting that intent, shall not
20		preclude a determination that the parent has intended to
21		forgo his or her parental rights. In making this
22		determination, the court may consider but shall not
23		require a showing of diligent efforts by an authorized
24		agency to encourage the parent to perform the acts
25		specified in subdivision (n).
26		It shall be an affirmative defense to any allegation

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1		under paragraph (2) of this subsection that the father's
2		failure was due to circumstances beyond his control or to
3		impediments created by the mother or any other person
4		having legal custody. Proof of that fact need only be by a
5		preponderance of the evidence.
6		(o) Repeated or continuous failure by the parents,
7		although physically and financially able, to provide the
8		child with adequate food, clothing, or shelter.
9		(p) Inability to discharge parental responsibilities
10		supported by competent evidence from a psychiatrist,
11		licensed clinical social worker, or clinical psychologist
12		of mental impairment, mental illness or an intellectual
13		disability as defined in Section 1-116 of the Mental
14		Health and Developmental Disabilities Code, or
15		developmental disability as defined in Section 1-106 of
16		that Code, and there is sufficient justification to
17		believe that the inability to discharge parental
18		responsibilities shall extend beyond a reasonable time
19		period. However, this subdivision (p) shall not be
20		construed so as to permit a licensed clinical social
21		worker to conduct any medical diagnosis to determine
22		mental illness or mental impairment.
23		(q) (Blank).
24		(r) The child is in the temporary custody or
25		guardianship of the Department of Children and Family
26		Services, the parent is incarcerated as a result of

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1		criminal conviction at the time the petition or motion for
2		termination of parental rights is filed, prior to
3		incarceration the parent had little or no contact with the
4		child or provided little or no support for the child, and
5		the parent's incarceration will prevent the parent from
6		discharging his or her parental responsibilities for the
7		child for a period in excess of 2 years after the filing of
8		the petition or motion for termination of parental rights.
9		(s) The child is in the temporary custody or
10		guardianship of the Department of Children and Family
11		Services, the parent is incarcerated at the time the
12		petition or motion for termination of parental rights is
13		filed, the parent has been repeatedly incarcerated as a
14		result of criminal convictions, and the parent's repeated
15		incarceration has prevented the parent from discharging
16		his or her parental responsibilities for the child.
17		(t) A finding that at birth the child's blood, urine,
18		or meconium contained any amount of a controlled substance
19		as defined in subsection (f) of Section 102 of the
20		Illinois Controlled Substances Act, or a metabolite of a
21		controlled substance, with the exception of controlled
22		substances or metabolites of such substances, the presence
23		of which in the newborn infant was the result of medical
24		treatment administered to the mother or the newborn
25		infant, and that the biological mother of this child is
26		the biological mother of at least one other child who was

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1		adjudicated a neglected minor under subsection (c) of
2		Section 2-3 of the Juvenile Court Act of 1987, after which
3		the biological mother had the opportunity to enroll in and
4		participate in a clinically appropriate substance abuse
5		counseling, treatment, and rehabilitation program.
6		E. "Parent" means a person who is the legal mother or legal
7		father of the child as defined in subsection X or Y of this
8		Section. For the purpose of this Act, a parent who has executed
9		a consent to adoption, a surrender, or a waiver pursuant to
10		Section 10 of this Act, who has signed a Denial of Paternity
11		pursuant to Section 12 of the Vital Records Act or Section 12a
12		of this Act, or whose parental rights have been terminated by a
13		court, is not a parent of the child who was the subject of the
14		consent, surrender, waiver, or denial unless (1) the consent
15		is void pursuant to subsection O of Section 10 of this Act; or
16		(2) the person executed a consent to adoption by a specified
17		person or persons pursuant to subsection A-1 of Section 10 of
18		this Act and a court of competent jurisdiction finds that the
19		consent is void; or (3) the order terminating the parental
20		rights of the person is vacated by a court of competent
21		jurisdiction.
22		F. A person is available for adoption when the person is:
23		(a) a child who has been surrendered for adoption to
24		an agency and to whose adoption the agency has thereafter
25		consented;
26		(b) a child to whose adoption a person authorized by

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1		law, other than his parents, has consented, or to whose
2		adoption no consent is required pursuant to Section 8 of
3		this Act;
4		(c) a child who is in the custody of persons who intend
5		to adopt him through placement made by his parents;
6		(c-1) a child for whom a parent has signed a specific
7		consent pursuant to subsection O of Section 10;
8		(d) an adult who meets the conditions set forth in
9		Section 3 of this Act; or
10		(e) a child who has been relinquished as defined in
11		Section 10 of the Abandoned Newborn Infant Protection Act.
12		A person who would otherwise be available for adoption
13		shall not be deemed unavailable for adoption solely by reason
14		of his or her death.
15		G. The singular includes the plural and the plural
16		includes the singular and the "male" includes the "female", as
17		the context of this Act may require.
18		H. (Blank).
19		I. "Habitual residence" has the meaning ascribed to it in
20		the federal Intercountry Adoption Act of 2000 and regulations
21		promulgated thereunder.
22		J. "Immediate relatives" means the biological parents, the
23		parents of the biological parents and siblings of the
24		biological parents.
25		K. "Intercountry adoption" is a process by which a child
26		from a country other than the United States is adopted by

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1		persons who are habitual residents of the United States, or
2		the child is a habitual resident of the United States who is
3		adopted by persons who are habitual residents of a country
4		other than the United States.
5		L. (Blank).
6		M. "Interstate Compact on the Placement of Children" is a
7		law enacted by all states and certain territories for the
8		purpose of establishing uniform procedures for handling the
9		interstate placement of children in foster homes, adoptive
10		homes, or other child care facilities.
11		N. (Blank).
12		O. "Preadoption requirements" means any conditions or
13		standards established by the laws or administrative rules of
14		this State that must be met by a prospective adoptive parent
15		prior to the placement of a child in an adoptive home.
16		P. "Abused child" means a child whose parent or immediate
17		family member, or any person responsible for the child's
18		welfare, or any individual residing in the same home as the
19		child, or a paramour of the child's parent:
20		(a) inflicts, causes to be inflicted, or allows to be
21		inflicted upon the child physical injury, by other than
22		accidental means, that causes death, disfigurement,
23		impairment of physical or emotional health, or loss or
24		impairment of any bodily function;
25		(b) creates a substantial risk of physical injury to
26		the child by other than accidental means which would be

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1		likely to cause death, disfigurement, impairment of
2		physical or emotional health, or loss or impairment of any
3		bodily function;
4		(c) commits or allows to be committed any sex offense
5		against the child, as sex offenses are defined in the
6		Criminal Code of 2012 and extending those definitions of
7		sex offenses to include children under 18 years of age;
8		(d) commits or allows to be committed an act or acts of
9		torture upon the child; or
10		(e) inflicts excessive corporal punishment.
11		Q. "Neglected child" means any child whose parent or other
12		person responsible for the child's welfare withholds or denies
13		nourishment or medically indicated treatment including food or
14		care denied solely on the basis of the present or anticipated
15		mental or physical impairment as determined by a physician
16		acting alone or in consultation with other physicians or
17		otherwise does not provide the proper or necessary support,
18		education as required by law, or medical or other remedial
19		care recognized under State law as necessary for a child's
20		well-being, or other care necessary for his or her well-being,
21		including adequate food, clothing and shelter; or who is
22		abandoned by his or her parents or other person responsible
23		for the child's welfare.
24		A child shall not be considered neglected or abused for
25		the sole reason that the child's parent or other person
26		responsible for his or her welfare depends upon spiritual

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1		means through prayer alone for the treatment or cure of
2		disease or remedial care as provided under Section 4 of the
3		Abused and Neglected Child Reporting Act. A child shall not be
4		considered neglected or abused for the sole reason that the
5		child's parent or other person responsible for the child's
6		welfare failed to vaccinate, delayed vaccination, or refused
7		vaccination for the child due to a waiver on religious or
8		medical grounds as permitted by law.
9		R. "Putative father" means a man who may be a child's
10		father, but who (1) is not married to the child's mother on or
11		before the date that the child was or is to be born and (2) has
12		not established paternity of the child in a court proceeding
13		before the filing of a petition for the adoption of the child.
14		The term includes a male who is less than 18 years of age.
15		"Putative father" does not mean a man who is the child's father
16		as a result of criminal sexual abuse or assault as defined
17		under Article 11 of the Criminal Code of 2012.
18		S. "Standby adoption" means an adoption in which a parent
19		consents to custody and termination of parental rights to
20		become effective upon the occurrence of a future event, which
21		is either the death of the parent or the request of the parent
22		for the entry of a final judgment of adoption.
23		T. (Blank).
24		T-5. "Biological parent", "birth parent", or "natural
25		parent" of a child are interchangeable terms that mean a
26		person who is biologically or genetically related to that

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1		child as a parent.
2		U. "Interstate adoption" means the placement of a minor
3		child with a prospective adoptive parent for the purpose of
4		pursuing an adoption for that child that is subject to the
5		provisions of the Interstate Compact on the Placement of
6		Children.
7		V. (Blank).
8		W. (Blank).
9		X. "Legal father" of a child means a man who is recognized
10		as or presumed to be that child's father:
11		(1) because of his marriage to or civil union with the
12		child's parent at the time of the child's birth or within
13		300 days prior to that child's birth, unless he signed a
14		denial of paternity pursuant to Section 12 of the Vital
15		Records Act or a waiver pursuant to Section 10 of this Act;
16		or
17		(2) because his paternity of the child has been
18		established pursuant to the Illinois Parentage Act, the
19		Illinois Parentage Act of 1984, or the Gestational
20		Surrogacy Act; or
21		(3) because he is listed as the child's father or
22		parent on the child's birth certificate, unless he is
23		otherwise determined by an administrative or judicial
24		proceeding not to be the parent of the child or unless he
25		rescinds his acknowledgment of paternity pursuant to the
26		Illinois Parentage Act of 1984; or

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1		(4) because his paternity or adoption of the child has
2		been established by a court of competent jurisdiction.
3		The definition in this subsection X shall not be construed
4		to provide greater or lesser rights as to the number of parents
5		who can be named on a final judgment order of adoption or
6		Illinois birth certificate that otherwise exist under Illinois
7		law.
8		Y. "Legal mother" of a child means a woman who is
9		recognized as or presumed to be that child's mother:
10		(1) because she gave birth to the child except as
11		provided in the Gestational Surrogacy Act; or
12		(2) because her maternity of the child has been
13		established pursuant to the Illinois Parentage Act of 1984
14		or the Gestational Surrogacy Act; or
15		(3) because her maternity or adoption of the child has
16		been established by a court of competent jurisdiction; or
17		(4) because of her marriage to or civil union with the
18		child's other parent at the time of the child's birth or
19		within 300 days prior to the time of birth; or
20		(5) because she is listed as the child's mother or
21		parent on the child's birth certificate unless she is
22		otherwise determined by an administrative or judicial
23		proceeding not to be the parent of the child.
24		The definition in this subsection Y shall not be construed
25		to provide greater or lesser rights as to the number of parents
26		who can be named on a final judgment order of adoption or

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1		Illinois birth certificate that otherwise exist under Illinois
2		law.
3		Z. "Department" means the Illinois Department of Children
4		and Family Services.
5		AA. "Placement disruption" means a circumstance where the
6		child is removed from an adoptive placement before the
7		adoption is finalized.
8		BB. "Secondary placement" means a placement, including but
9		not limited to the placement of a youth in care as defined in
10		Section 4d of the Children and Family Services Act, that
11		occurs after a placement disruption or an adoption
12		dissolution. "Secondary placement" does not mean secondary
13		placements arising due to the death of the adoptive parent of
14		the child.
15		CC. "Adoption dissolution" means a circumstance where the
16		child is removed from an adoptive placement after the adoption
17		is finalized.
18		DD. "Unregulated placement" means the secondary placement
19		of a child that occurs without the oversight of the courts, the
20		Department, or a licensed child welfare agency.
21		EE. "Post-placement and post-adoption support services"
22		means support services for placed or adopted children and
23		families that include, but are not limited to, mental health
24		treatment, including counseling and other support services for
25		emotional, behavioral, or developmental needs, and treatment
26		for substance abuse.

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1		(Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20;
2		101-529, eff. 1-1-20; revised 9-17-19.)
3		Section 795. The Probate Act of 1975 is amended by
4		changing Section 11-1 as follows:
5		(755 ILCS 5/11-1) (from Ch. 110 1/2, par. 11-1)
6		Sec. 11-1. Definitions. As used in this Article:
7		"Administrative separation" means a parent's, legal
8		guardian's, legal custodian's, or primary caretaker's: (1)
9		arrest, detention, incarceration, removal, or deportation in
10		connection with federal immigration enforcement; or (2)
11		receipt of official communication by federal, State, or local
12		authorities regarding immigration enforcement that gives
13		reasonable notice that care and supervision of the child by
14		the parent, legal guardian, legal custodian, or primary
15		caretaker will be interrupted or cannot be provided.
16		"Minor" means is a person who has not attained the age of
17		18 years. A person who has attained the age of 18 years is of
18		legal age for all purposes except as otherwise provided in the
19		Illinois Uniform Transfers to Minors Act.
20		(Source: P.A. 101-120, eff. 7-23-19; revised 9-12-19.)
21		Section 800. The Illinois Residential Real Property
22		Transfer on Death Instrument Act is amended by changing
23		Section 5 as follows:

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1		(755 ILCS 27/5)
2		Sec. 5. Definitions. In this Act:
3		"Beneficiary" means a person that receives residential
4		real estate under a transfer on death instrument.
5		"Designated beneficiary" means a person designated to
6		receive residential real estate in a transfer on death
7		instrument.
8		"Joint owner" means an individual who owns residential
9		real estate concurrently with one or more other individuals
10		with a right of survivorship. The term includes a joint tenant
11		or a tenant by the entirety. The term does not include a tenant
12		in common.
13		"Owner" means an individual who makes a transfer on death
14		instrument.
15		"Person" means an individual, corporation, business trust,
16		land trust, estate, inter vivos inter-vivos revocable or
17		irrevocable trust, testamentary trust, partnership, limited
18		liability company, association, joint venture, public
19		corporation, government or governmental subdivision, agency,
20		or instrumentality, or any other legal or commercial entity.
21		"Residential real estate" means real property improved
22		with not less than one nor more than 4 residential dwelling
23		units; a residential condominium unit, including, but not
24		limited to, the common elements allocated to the exclusive use
25		thereof that form an integral part of the condominium unit and

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1		any parking unit or units specified by the declaration to be
2		allocated to a specific residential condominium unit; or a
3		single tract of agriculture real estate consisting of 40 acres
4		or less which is improved with a single family residence. If a
5		declaration of condominium ownership provides for individually
6		owned and transferable parking units, "residential real
7		estate" does not include the parking unit of a specific
8		residential condominium unit unless the parking unit is
9		included in the legal description of the property being
10		transferred by a transfer on death instrument.
11		"Transfer on death instrument" means an instrument
12		authorized under this Act.
13		(Source: P.A. 97-555, eff. 1-1-12; 98-821, eff. 1-1-15;
14		revised 7-16-19.)
15		Section 805. The Illinois Trust Code is amended by
16		changing Sections 816, 913, 1005, and 1219 as follows:
17		(760 ILCS 3/816)
18		Sec. 816. Specific powers of trustee. Without limiting the
19		authority conferred by Section 815, a trustee may:
20		(1) collect trust property and accept or reject
21		additions to the trust property from a settlor or any
22		other person;
23		(2) acquire or sell property, for cash or on credit,
24		at public or private sale;

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1		(3) exchange, partition, or otherwise change the
2		character of trust property;
3		(4) deposit trust money in an account in a regulated
4		financial-service institution;
5		(5) borrow money, with or without security, and
6		mortgage or pledge or otherwise encumber trust property
7		for a period within or extending beyond the duration of
8		the trust;
9		(6) with respect to an interest in a proprietorship,
10		partnership, limited liability company, business trust,
11		corporation, or other form of business or enterprise,
12		continue the business or other enterprise and take any
13		action that may be taken by shareholders, members, or
14		property owners, including merging, dissolving, pledging
15		other trust assets or guaranteeing a debt obligation of
16		the business or enterprise, or otherwise changing the form
17		of business organization or contributing additional
18		capital;
19		(7) with respect to stocks or other securities,
20		exercise the rights of an absolute owner, including the
21		right to:
22		(A) vote, or give proxies to vote, with or without
23		power of substitution, or enter into or continue a
24		voting trust agreement;
25		(B) hold a security in the name of a nominee or in
26		other form without disclosure of the trust so that

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1		title may pass by delivery;
2		(C) pay calls, assessments, and other sums
3		chargeable or accruing against the securities, and
4		sell or exercise stock subscription or conversion
5		rights;
6		(D) deposit the securities with a depository or
7		other regulated financial-service institution; and
8		(E) participate in mergers, consolidations,
9		foreclosures, reorganizations, and liquidations;
10		(8) with respect to an interest in real property,
11		construct, or make ordinary or extraordinary repairs to,
12		alterations to, or improvements in, buildings or other
13		structures, demolish improvements, raze existing or erect
14		new party walls or buildings, subdivide or develop land,
15		dedicate any interest in real estate, dedicate land to
16		public use or grant public or private easements, enter
17		into contracts relating to real estate, and make or vacate
18		plats and adjust boundaries;
19		(9) enter into a lease for any purpose as lessor or
20		lessee, including a lease or other arrangement for
21		exploration and removal of natural resources, with or
22		without the option to purchase or renew, for a period
23		within or extending beyond the duration of the trust;
24		(10) grant an option involving a sale, lease, or other
25		disposition of trust property or acquire an option for the
26		acquisition of property, including an option exercisable

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1		beyond the duration of the trust, and exercise an option
2		so acquired;
3		(11) insure the property of the trust against damage
4		or loss and insure the trustee, the trustee's agents, and
5		beneficiaries against liability arising from the
6		administration of the trust;
7		(12) abandon or decline to administer property of no
8		value or of insufficient value to justify its collection
9		or continued administration;
10		(13) with respect to possible liability for violation
11		of environmental law:
12		(A) inspect or investigate property the trustee
13		holds or has been asked to hold, or property owned or
14		operated by an organization in which the trustee holds
15		or has been asked to hold an interest, for the purpose
16		of determining the application of environmental law
17		with respect to the property;
18		(B) take action to prevent, abate, or otherwise
19		remedy any actual or potential violation of any
20		environmental law affecting property held directly or
21		indirectly by the trustee, whether taken before or
22		after the assertion of a claim or the initiation of
23		governmental enforcement;
24		(C) decline to accept property into trust or
25		disclaim any power with respect to property that is or
26		may be burdened with liability for violation of

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1		environmental law;
2		(D) compromise claims against the trust that may
3		be asserted for an alleged violation of environmental
4		law; and
5		(E) pay the expense of any inspection, review,
6		abatement, or remedial action to comply with
7		environmental law;
8		(14) pay, contest, prosecute, or abandon any claim,
9		settle a claim or charges in favor of or against the trust,
10		and release, in whole or in part, a claim belonging to the
11		trust;
12		(15) pay taxes, assessments, compensation of the
13		trustee and of employees and agents of the trust, and
14		other expenses incurred in the administration of the
15		trust;
16		(16) exercise elections with respect to federal,
17		state, and local taxes;
18		(17) select a mode of payment under any employee
19		benefit or retirement plan, annuity, or life insurance
20		payable to the trustee, exercise rights related to the
21		employee benefit or retirement plan, annuity, or life
22		insurance payable to the trustee, including exercise the
23		right to indemnification for expenses and against
24		liabilities, and take appropriate action to collect the
25		proceeds;
26		(18) make loans out of trust property, including loans

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1		to a beneficiary on terms and conditions the trustee
2		considers to be fair and reasonable under the
3		circumstances, and the trustee has a lien on future
4		distributions for repayment of those loans;
5		(19) pledge trust property to guarantee loans made by
6		others to the beneficiary;
7		(20) appoint a trustee to act in another jurisdiction
8		to act as sole or co-trustee with respect to any part or
9		all of trust property located in the other jurisdiction,
10		confer upon the appointed trustee any or all of the
11		rights, powers, and duties of the appointing trustee,
12		require that the appointed trustee furnish security, and
13		remove any trustee so appointed;
14		(21) distribute income and principal in one or more of
15		the following ways, without being required to see to the
16		application of any distribution, as the trustee believes
17		to be for the best interests of any beneficiary who at the
18		time of distribution is incapacitated or in the opinion of
19		the trustee is unable to manage property or business
20		affairs because of incapacity:
21		(A) directly to the beneficiary;
22		(B) to the guardian of the estate, or if none, the
23		guardian of the person of the beneficiary;
24		(C) to a custodian for the beneficiary under any
25		state's Uniform Transfers to Minors Act, Uniform Gifts
26		to Minors Act or Uniform Custodial Trust Act, and, for

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1		that purpose, to create a custodianship or custodial
2		trust;
3		(D) to an adult relative of the beneficiary to be
4		expended on the beneficiary's behalf;
5		(E) by expending the money or using the property
6		directly for the benefit of the beneficiary;
7		(F) to a trust, created before the distribution
8		becomes payable, for the sole benefit of the
9		beneficiary and those dependent upon the beneficiary
10		during his or her lifetime, to be administered as a
11		part of the trust, except that any amount distributed
12		to the trust under this subparagraph (F) shall be
13		separately accounted for by the trustee of the trust
14		and shall be indefeasibly vested in the beneficiary so
15		that if the beneficiary dies before complete
16		distribution of the amounts, the amounts and the
17		accretions, earnings, and income, if any, shall be
18		paid to the beneficiary's estate, except that this
19		subparagraph (F) does not apply to the extent that it
20		would cause a trust otherwise qualifying for the
21		federal estate tax marital deduction not to qualify;
22		and
23		(G) by managing it as a separate fund on the
24		beneficiary's behalf, subject to the beneficiary's
25		continuing right to withdraw the distribution;
26		(22) on distribution of trust property or the division

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1		or termination of a trust, make distributions in divided
2		or undivided interests, allocate particular assets in
3		proportionate or disproportionate shares, value the trust
4		property for those purposes, and adjust for resulting
5		differences in valuation;
6		(23) resolve a dispute concerning the interpretation
7		of the trust or its administration by judicial proceeding,
8		nonjudicial settlement agreement under Section 111,
9		mediation, arbitration, or other procedure for alternative
10		dispute resolution;
11		(24) prosecute or defend an action, claim, or judicial
12		proceeding in any jurisdiction to protect trust property
13		and the trustee in the performance of the trustee's
14		duties;
15		(25) execute contracts, notes, conveyances, and other
16		instruments that are useful to achieve or facilitate the
17		exercise of the trustee's powers, regardless of whether
18		the instruments contain covenants and warranties binding
19		upon and creating a charge against the trust estate or
20		excluding personal liability;
21		(26) on termination of the trust, exercise the powers
22		appropriate to wind up the administration of the trust and
23		distribute the trust property to the persons entitled to
24		it;
25		(27) enter into agreements for bank or other deposit
26		accounts, safe deposit boxes, or custodian, agency, or

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1		depository arrangements for all or any part of the trust
2		estate, including, to the extent fair to the
3		beneficiaries, agreements for services provided by a bank
4		operated by or affiliated with the trustee, and to pay
5		reasonable compensation for those services, including, to
6		the extent fair to the beneficiaries, compensation to the
7		bank operated by or affiliated with the trustee, except
8		that nothing in this Section shall be construed as
9		removing any depository arrangements from the requirements
10		of the prudent investor rule;
11		(28) engage attorneys, auditors, financial advisors,
12		and other agents and pay reasonable compensation to such
13		persons;
14		(29) invest in or hold undivided interests in
15		property;
16		(30) if fair to the beneficiaries, deal with the
17		executor, trustee, or other representative of any other
18		trust or estate in which a beneficiary of the trust has an
19		interest, even if the trustee is an executor, trustee, or
20		other representative of the other trust or estate;
21		(31) make equitable division or distribution in cash
22		or in kind, or both, and for that purpose may value any
23		property divided or distributed in kind;
24		(32) rely upon an affidavit, certificate, letter, or
25		other evidence reasonably believed to be genuine and on
26		the basis of any such evidence to make any payment or

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1		distribution in good faith without liability;
2		(33) except as otherwise directed by the court, have
3		all of the rights, powers, and duties given to or imposed
4		upon the trustee by law and the terms of the trust during
5		the period between the termination of the trust and the
6		distribution of the trust assets and during any period in
7		which any litigation is pending that may void or
8		invalidate the trust in whole or in part or affect the
9		rights, powers, duties, or discretions of the trustee;
10		(34) plant and harvest crops; breed, raise, purchase,
11		and sell livestock; lease land, equipment, or livestock
12		for cash or on shares, purchase and sell, exchange or
13		otherwise acquire or dispose of farm equipment and farm
14		produce of all kinds; make improvements, construct,
15		repair, or demolish and remove any buildings, structures,
16		or fences, engage agents, managers, and employees and
17		delegate powers to them; engage in drainage and
18		conservation programs; terrace, clear, ditch, and drain
19		lands and install irrigation systems; replace improvements
20		and equipment; fertilize and improve the soil; engage in
21		the growing, improvement, and sale of trees and other
22		forest crops; participate or decline to participate in
23		governmental agricultural or land programs; and perform
24		such acts as the trustee deems appropriate using such
25		methods as are commonly employed by other farm owners in
26		the community in which the farm property is located;

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1		(35) drill, mine, and otherwise operate for the
2		development of oil, gas, and other minerals; enter into
3		contracts relating to the installation and operation of
4		absorption and repressuring plants; enter into unitization
5		or pooling agreements for any purpose including primary,
6		secondary, or tertiary recovery; place and maintain
7		pipelines pipe lines; execute oil, gas, and mineral
8		leases, division and transfer orders, grants, deeds,
9		releases and assignments, and other instruments;
10		participate in a cooperative coal marketing association or
11		similar entity; and perform such other acts as the trustee
12		deems appropriate using such methods as are commonly
13		employed by owners of similar interests in the community
14		in which the interests are located;
15		(36) continue an unincorporated business and
16		participate in its management by having the trustee or one
17		or more agents of the trustee act as a manager with
18		appropriate compensation from the business and incorporate
19		the business;
20		(37) continue a business in the partnership form and
21		participate in its management by having the trustee or one
22		or more agents of the trustee act as a partner, limited
23		partner, or employee with appropriate compensation from
24		the business; enter into new partnership agreements and
25		incorporate the business; and, with respect to activities
26		under this paragraph (37), the trustee or the agent or

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1		agents of the trustee shall not be personally liable to
2		third persons with respect to actions not sounding in tort
3		unless the trustee or agent fails to identify the trust
4		estate and disclose that the trustee or agent is acting in
5		a representative capacity, except that nothing in this
6		paragraph impairs in any way the liability of the trust
7		estate with respect to activities under this paragraph
8		(37) to the extent of the assets of the trust estate; .
9		(38) Release, by means of any written renunciation,
10		relinquishment, surrender, refusal to accept,
11		extinguishment, and any other form of release, any power
12		granted to the trustee by applicable law or the terms of a
13		trust and held by such trustee in its fiduciary capacity,
14		including any power to invade property, any power to
15		alter, amend, or revoke any instrument, whether or not
16		such release causes a termination of any right or interest
17		thereunder, and any power remaining where one or more
18		partial releases have heretofore or hereafter been made
19		with respect to such power, whether heretofore or
20		hereafter created or reserved as to: (i) any property that
21		is subject thereto; (ii) any one or more of the objects
22		thereof; or (iii) limit in any other respect the extent to
23		which it may be exercised. The release may be permanent or
24		applicable only for a specific time and may apply only to
25		the trustee executing the release or the trustee and all
26		future trustees, successor trustees, and co-trustees of

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1		the trust acting at any time or from time to time.
2		(Source: P.A. 101-48, eff. 1-1-20; revised 8-6-19.)
3		(760 ILCS 3/913)
4		Sec. 913. Life insurance.
5		(a) Notwithstanding any other provision, the duties of a
6		trustee with respect to acquiring or retaining as a trust
7		asset a contract of insurance upon the life of the settlor,
8		upon the lives of the settlor and the settlor's spouse, or upon
9		the life of any person for which the trustee has an insurable
10		interest in accordance with Section 113, do not include any of
11		the following duties:
12		(1) to determine whether any contract of life
13		insurance in the trust, or to be acquired by the trust, is
14		or remains a proper investment, including, without
15		limitation, with respect to:
16		(A) the type of insurance contract;
17		(B) the quality of the insurance contract;
18		(C) the quality of the insurance company; or
19		(D) the investments held within the insurance
20		contract; .
21		(2) to diversify the investment among different
22		policies or insurers, among available asset classes, or
23		within an insurance contract;
24		(3) to inquire about or investigate into the health or
25		financial condition of an insured;

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1		(4) to prevent the lapse of a life insurance contract
2		if the trust does not receive contributions or hold other
3		readily marketable assets to pay the life insurance
4		contract premiums; or
5		(5) to exercise any policy options, rights, or
6		privileges available under any contract of life insurance
7		in the trust, including any right to borrow the cash value
8		or reserve of the policy, acquire a paid-up policy, or
9		convert to a different policy.
10		(b) The trustee is not liable to the beneficiaries of the
11		trust, the beneficiaries of the contract of insurance, or to
12		any other party for loss arising from the absence of these
13		duties regarding insurance contracts under this Section.
14		(c) This Section applies to an irrevocable trust created
15		after the effective date of this Code or to a revocable trust
16		that becomes irrevocable after the effective date of this
17		Code. The trustee of a trust described under this Section
18		established before the effective date of this Code shall
19		notify the settlor in writing that, unless the settlor
20		provides written notice to the contrary to the trustee within
21		90 days of the trustee's notice, this Section applies to the
22		trust. This Section does not apply if, within 90 days of the
23		trustee's notice, the settlor notifies the trustee in writing
24		that this Section does not apply. If the settlor is deceased,
25		then the trustee shall give notice to all of the legally
26		competent current beneficiaries, and this Section applies to

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1		the trust unless the majority of the beneficiaries notify the
2		trustee to the contrary in writing within 90 days of the
3		trustee's notice.
4		(Source: P.A. 101-48, eff. 1-1-20; revised 8-6-19.)
5		(760 ILCS 3/1005)
6		Sec. 1005. Limitation on action against trustee.
7		(a) A beneficiary may not commence a proceeding against a
8		trustee for breach of trust for any matter disclosed in
9		writing by a trust accounting, or otherwise as provided in
10		Sections 813.1, 813.2, and Section 1102, after the date on
11		which the disclosure becomes binding upon the beneficiary as
12		provided below:
13		(1) With respect to a trust that becomes irrevocable
14		after the effective date of this Code and to trustees
15		accepting appointment after the effective date of this
16		Code, a matter disclosed in writing by a trust accounting
17		or otherwise pursuant to Section 813.1 and Section 1102 is
18		binding on each person who receives the information and
19		each person represented as provided in Article 3 by a
20		person who receives the information, and all of the
21		person's respective successors, representatives, heirs,
22		and assigns, unless an action against the trustee is
23		instituted within 2 years after the date the information
24		is furnished. A trust accounting or other communication
25		adequately discloses the existence of a potential claim

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1		for breach of trust if it provides sufficient information
2		so that the person entitled to receive the information
3		knows of the potential claim or should have inquired into
4		its existence.
5		(2) With respect to a trust that became irrevocable
6		before the effective date of this Code or a trustee that
7		accepted appointment before the effective date of this
8		Code, a current account is binding on each beneficiary
9		receiving the account and on the beneficiary's heirs and
10		assigns unless an action against the trustee is instituted
11		by the beneficiary or the beneficiary's heirs and assigns
12		within 3 years after the date the current account is
13		furnished, and a final accounting is binding on each
14		beneficiary receiving the final accounting and all persons
15		claiming by or through the beneficiary, unless an action
16		against the trustee is instituted by the beneficiary or
17		person claiming by or through him or her within 3 years
18		after the date the final account is furnished. If the
19		account is provided to the representative of the estate of
20		the beneficiary or to a spouse, parent, adult child, or
21		guardian of the person of the beneficiary, the account is
22		binding on the beneficiary unless an action is instituted
23		against the trustee by the representative of the estate of
24		the beneficiary or by the spouse, parent, adult child, or
25		guardian of the person to whom the account is furnished
26		within 3 years after the date it is furnished.

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1		(3) Notwithstanding paragraphs (1) and (2), with
2		respect to trust estates that terminated and were
3		distributed 10 years or less before January 1, 1988, the
4		final account furnished to the beneficiaries entitled to
5		distribution of the trust estate is binding on the
6		beneficiaries receiving the final account, and all persons
7		claiming by or through them, unless an action against the
8		trustee is instituted by the beneficiary or person
9		claiming by or through him or her within 5 years after
10		January 1, 1988 or within 10 years after the date the final
11		account was furnished, whichever is longer.
12		(4) Notwithstanding paragraphs (1), (2) and (3), with
13		respect to trust estates that terminated and were
14		distributed more than 10 years before January 1, 1988, the
15		final account furnished to the beneficiaries entitled to
16		distribution of the trust estate is binding on the
17		beneficiaries receiving the final account, and all persons
18		claiming by or through them, unless an action against the
19		trustee is instituted by the beneficiary or person
20		claiming by or through him or her within 2 years after
21		January 1, 1988.
22		(b) Unless barred earlier under subsection (a), a judicial
23		proceeding by a beneficiary against a trustee for breach of
24		trust must be commenced within 5 years after the first to occur
25		of:
26		(1) the removal, resignation, or death of the trustee;

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1		(2) the termination of the beneficiary's interest in
2		the trust; or
3		(3) the termination of the trust.
4		(c) Notwithstanding any other provision of this Section, a
5		beneficiary may bring any action against the trustee for
6		fraudulent concealment within the time limit set forth in
7		Section 13-215 of the Code of Civil Procedure.
8		(Source: P.A. 101-48, eff. 1-1-20; revised 8-6-19.)
9		(760 ILCS 3/1219)
10		Sec. 1219. Tax-related limitations.
11		(a) In this Section:
12		(1) "Grantor trust" means a trust as to which a
13		settlor of a first trust is considered the owner under
14		Sections 671 through 677 of the Internal Revenue Code or
15		Section 679 of the Internal Revenue Code.
16		(2) "Nongrantor trust" means a trust that is not a
17		grantor trust.
18		(3) "Qualified benefits property" means property
19		subject to the minimum distribution requirements of
20		Section 401(a)(9) of the Internal Revenue Code, and any
21		applicable regulations, or to any similar requirements
22		that refer to Section 401(a)(9) of the Internal Revenue
23		Code or the regulations.
24		(b) An exercise of the decanting power is subject to the
25		following limitations:

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1		(1) If a first trust contains property that qualified,
2		or would have qualified but for provisions of this Article
3		other than this Section, for a marital deduction for
4		purposes of the gift or estate tax under the Internal
5		Revenue Code or a state gift, estate, or inheritance tax,
6		the second-trust instrument must not include or omit any
7		term that, if included in or omitted from the trust
8		instrument for the trust to which the property was
9		transferred, would have prevented the transfer from
10		qualifying for the deduction, or would have reduced the
11		amount of the deduction, under the same provisions of the
12		Internal Revenue Code or state law under which the
13		transfer qualified.
14		(2) If the first trust contains property that
15		qualified, or would have qualified but for provisions of
16		this Article other than this Section, for a charitable
17		deduction for purposes of the income, gift, or estate tax
18		under the Internal Revenue Code or a state income, gift,
19		estate, or inheritance tax, the second-trust instrument
20		must not include or omit any term that, if included in or
21		omitted from the trust instrument for the trust to which
22		the property was transferred, would have prevented the
23		transfer from qualifying for the deduction, or would have
24		reduced the amount of the deduction, under the same
25		provisions of the Internal Revenue Code or state law under
26		which the transfer qualified.

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1		(3) If the first trust contains property that
2		qualified, or would have qualified but for provisions of
3		this Article other than this Section, for the exclusion
4		from the gift tax described in Section 2503(b) of the
5		Internal Revenue Code, the second-trust instrument must
6		not include or omit a term that, if included in or omitted
7		from the trust instrument for the trust to which the
8		property was transferred, would have prevented the
9		transfer from qualifying under the same provision of
10		Section 2503 of the Internal Revenue Code. If the first
11		trust contains property that qualified, or would have
12		qualified but for provisions of this Article other than
13		this Section, for the exclusion from the gift tax
14		described in Section 2503(b) of the Internal Revenue Code,
15		by application of Section 2503(c) of the Internal Revenue
16		Code, the second-trust instrument must not include or omit
17		a term that, if included or omitted from the trust
18		instrument for the trust to which the property was
19		transferred, would have prevented the transfer from
20		qualifying under Section 2503(c) of the Internal Revenue
21		Code.
22		(4) If the property of the first trust includes shares
23		of stock in an S corporation, as defined in Section 1361 of
24		the Internal Revenue Code and the first trust is, or but
25		for provisions of this Article other than this Section
26		would be, a permitted shareholder under any provision of

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1		Section 1361 of the Internal Revenue Code, an authorized
2		fiduciary may exercise the power with respect to part or
3		all of the S corporation S-corporation stock only if any
4		second trust receiving the stock is a permitted
5		shareholder under Section 1361(c)(2) of the Internal
6		Revenue Code. If the property of the first trust includes
7		shares of stock in an S corporation and the first trust is,
8		or but for provisions of this Article other than this
9		Section, would be, a qualified subchapter S subchapter-S
10		trust within the meaning of Section 1361(d) of the
11		Internal Revenue Code, the second-trust instrument must
12		not include or omit a term that prevents the second trust
13		from qualifying as a qualified subchapter S subchapter-S
14		trust.
15		(5) If the first trust contains property that
16		qualified, or would have qualified but for provisions of
17		this Article other than this Section, for a zero inclusion
18		ratio for purposes of the generation-skipping transfer tax
19		under Section 2642(c) of the Internal Revenue Code the
20		second-trust instrument must not include or omit a term
21		that, if included in or omitted from the first-trust
22		instrument, would have prevented the transfer to the first
23		trust from qualifying for a zero inclusion ratio under
24		Section 2642(a) of the Internal Revenue Code.
25		(6) If the first trust is directly or indirectly the
26		beneficiary of qualified benefits property, the

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1		second-trust instrument may not include or omit any term
2		that, if included in or omitted from the first-trust
3		instrument, would have increased the minimum distributions
4		required with respect to the qualified benefits property
5		under Section 401(a)(9) of the Internal Revenue Code and
6		any applicable regulations, or any similar requirements
7		that refer to Section 401(a)(9) of the Internal Revenue
8		Code or the regulations. If an attempted exercise of the
9		decanting power violates the preceding sentence, the
10		trustee is deemed to have held the qualified benefits
11		property and any reinvested distributions of the property
12		as a separate share from the date of the exercise of the
13		power and Section 1222 applies to the separate share.
14		(7) If the first trust qualifies as a grantor trust
15		because of the application of Section 672(f)(2)(A) of the
16		Internal Revenue Code the second trust may not include or
17		omit a term that, if included in or omitted from the
18		first-trust instrument, would have prevented the first
19		trust from qualifying under Section 672(f)(2)(A) of the
20		Internal Revenue Code.
21		(8) In this paragraph (8), "tax benefit" means a
22		federal or state tax deduction, exemption, exclusion, or
23		other benefit not otherwise listed in this Section, except
24		for a benefit arising from being a grantor trust. Subject
25		to paragraph (9) of this subsection (b), a second-trust
26		instrument may not include or omit a term that, if

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1		included in or omitted from the first-trust instrument,
2		would have prevented qualification for a tax benefit if:
3		(A) the first-trust instrument expressly indicates
4		an intent to qualify for the benefit or the
5		first-trust instrument clearly is designed to enable
6		the first trust to qualify for the benefit; and
7		(B) the transfer of property held by the first
8		trust or the first trust qualified, or but for
9		provisions of this Article other than this Section,
10		would have qualified for the tax benefit.
11		(9) Subject to paragraph (4) of this subsection (b):
12		(A) except as otherwise provided in paragraph (7)
13		of this subsection (b), the second trust may be a
14		nongrantor trust, even if the first trust is a grantor
15		trust; and
16		(B) except as otherwise provided in paragraph (10)
17		of this subsection (b), the second trust may be a
18		grantor trust, even if the first trust is a nongrantor
19		trust.
20		(10) An authorized fiduciary may not exercise the
21		decanting power if a settlor objects in a signed record
22		delivered to the fiduciary within the notice period and:
23		(A) the first trust and second trusts are both
24		grantor trusts, in whole or in part, the first trust
25		grants the settlor or another person the power to
26		cause the second trust to cease to be a grantor trust,

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1		and the second trust does not grant an equivalent
2		power to the settlor or other person; or
3		(B) the first trust is a nongrantor trust and the
4		second trust is a grantor trust, in whole or in part,
5		with respect to the settlor, unless:
6		(i) the settlor has the power at all times to
7		cause the second trust to cease to be a grantor
8		trust; or
9		(ii) the first-trust instrument contains a
10		provision granting the settlor or another person a
11		power that would cause the first trust to cease to
12		be a grantor trust and the second-trust instrument
13		contains the same provision.
14		(Source: P.A. 101-48, eff. 1-1-20; revised 8-6-19.)
15		Section 810. The Charitable Trust Act is amended by
16		changing Section 1 as follows:
17		(760 ILCS 55/1) (from Ch. 14, par. 51)
18		Sec. 1. This Act may be cited as the Charitable Trust Act.
19		(Source: Laws 1961, p. 2094; revised 7-16-19.)
20		Section 815. The Mobile Home Landlord and Tenant Rights
21		Act is amended by changing Section 16 as follows:
22		(765 ILCS 745/16) (from Ch. 80, par. 216)

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1		Sec. 16. Improper grounds for eviction. The following
2		conduct by a tenant shall not constitute grounds for eviction
3		or termination of the lease, nor shall an eviction order be
4		entered against a tenant:
5		(a) As a reprisal for the tenant's effort to secure or
6		enforce any rights under the lease or the laws of the State
7		of Illinois, or its governmental subdivisions of the
8		United States;
9		(b) As a reprisal for the tenant's good faith
10		complaint to a governmental authority of the park owner's
11		alleged violation of any health or safety law, regulation,
12		code or ordinance, or State law or regulation which has as
13		its objective the regulation of premises used for dwelling
14		purposes;
15		(c) As a reprisal for the tenant's being an organizer
16		or member of, or involved in any activities relative to a
17		homeowners' home owners association;
18		(d) As a reprisal for or on the basis of the tenant's
19		immigration or citizenship status.
20		(Source: P.A. 100-173, eff. 1-1-18; 101-439, eff. 8-21-19;
21		revised 9-4-20.)
22		Section 820. The Illinois Trade Secrets Act is amended by
23		changing Section 6 as follows:
24		(765 ILCS 1065/6) (from Ch. 140, par. 356)

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1		Sec. 6. In an action under this Act, a court shall preserve
2		the secrecy of an alleged trade secret by reasonable means,
3		which may include granting protective orders in connection
4		with discovery proceedings, holding in camera in-camera
5		hearings, sealing the records of the action, and ordering any
6		person involved in the litigation not to disclose an alleged
7		trade secret without prior court approval.
8		(Source: P.A. 85-366; revised 7-16-19.)
9		Section 825. The Illinois Human Rights Act is amended by
10		changing Sections 1-103, 2-101, 2-108, 6-102, 7A-102, and
11		7A-103 as follows:
12		(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
13		Sec. 1-103. General definitions. When used in this Act,
14		unless the context requires otherwise, the term:
15		(A) Age. "Age" means the chronological age of a person who
16		is at least 40 years old, except with regard to any practice
17		described in Section 2-102, insofar as that practice concerns
18		training or apprenticeship programs. In the case of training
19		or apprenticeship programs, for the purposes of Section 2-102,
20		"age" means the chronological age of a person who is 18 but not
21		yet 40 years old.
22		(B) Aggrieved party. "Aggrieved party" means a person who
23		is alleged or proved to have been injured by a civil rights
24		violation or believes he or she will be injured by a civil

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1		rights violation under Article 3 that is about to occur.
2		(B-5) Arrest record. "Arrest record" means:
3		(1) an arrest not leading to a conviction;
4		(2) a juvenile record; or
5		(3) criminal history record information ordered
6		expunged, sealed, or impounded under Section 5.2 of the
7		Criminal Identification Act.
8		(C) Charge. "Charge" means an allegation filed with the
9		Department by an aggrieved party or initiated by the
10		Department under its authority.
11		(D) Civil rights violation. "Civil rights violation"
12		includes and shall be limited to only those specific acts set
13		forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
14		3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
15		6-101, and 6-102 of this Act.
16		(E) Commission. "Commission" means the Human Rights
17		Commission created by this Act.
18		(F) Complaint. "Complaint" means the formal pleading filed
19		by the Department with the Commission following an
20		investigation and finding of substantial evidence of a civil
21		rights violation.
22		(G) Complainant. "Complainant" means a person including
23		the Department who files a charge of civil rights violation
24		with the Department or the Commission.
25		(H) Department. "Department" means the Department of Human
26		Rights created by this Act.

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1		(I) Disability. "Disability" means a determinable physical
2		or mental characteristic of a person, including, but not
3		limited to, a determinable physical characteristic which
4		necessitates the person's use of a guide, hearing or support
5		dog, the history of such characteristic, or the perception of
6		such characteristic by the person complained against, which
7		may result from disease, injury, congenital condition of birth
8		or functional disorder and which characteristic:
9		(1) For purposes of Article 2, is unrelated to the
10		person's ability to perform the duties of a particular job
11		or position and, pursuant to Section 2-104 of this Act, a
12		person's illegal use of drugs or alcohol is not a
13		disability;
14		(2) For purposes of Article 3, is unrelated to the
15		person's ability to acquire, rent, or maintain a housing
16		accommodation;
17		(3) For purposes of Article 4, is unrelated to a
18		person's ability to repay;
19		(4) For purposes of Article 5, is unrelated to a
20		person's ability to utilize and benefit from a place of
21		public accommodation;
22		(5) For purposes of Article 5, also includes any
23		mental, psychological, or developmental disability,
24		including autism spectrum disorders.
25		(J) Marital status. "Marital status" means the legal
26		status of being married, single, separated, divorced, or

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1		widowed.
2		(J-1) Military status. "Military status" means a person's
3		status on active duty in or status as a veteran of the armed
4		forces of the United States, status as a current member or
5		veteran of any reserve component of the armed forces of the
6		United States, including the United States Army Reserve,
7		United States Marine Corps Reserve, United States Navy
8		Reserve, United States Air Force Reserve, and United States
9		Coast Guard Reserve, or status as a current member or veteran
10		of the Illinois Army National Guard or Illinois Air National
11		Guard.
12		(K) National origin. "National origin" means the place in
13		which a person or one of his or her ancestors was born.
14		(K-5) "Order of protection status" means a person's status
15		as being a person protected under an order of protection
16		issued pursuant to the Illinois Domestic Violence Act of 1986,
17		Article 112A of the Code of Criminal Procedure of 1963, the
18		Stalking No Contact Order Act, or the Civil No Contact Order
19		Act, or an order of protection issued by a court of another
20		state.
21		(L) Person. "Person" includes one or more individuals,
22		partnerships, associations or organizations, labor
23		organizations, labor unions, joint apprenticeship committees,
24		or union labor associations, corporations, the State of
25		Illinois and its instrumentalities, political subdivisions,
26		units of local government, legal representatives, trustees in

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1		bankruptcy or receivers.
2		(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
3		or medical or common conditions related to pregnancy or
4		childbirth.
5		(M) Public contract. "Public contract" includes every
6		contract to which the State, any of its political
7		subdivisions, or any municipal corporation is a party.
8		(N) Religion. "Religion" includes all aspects of religious
9		observance and practice, as well as belief, except that with
10		respect to employers, for the purposes of Article 2,
11		"religion" has the meaning ascribed to it in paragraph (F) of
12		Section 2-101.
13		(O) Sex. "Sex" means the status of being male or female.
14		(O-1) Sexual orientation. "Sexual orientation" means
15		actual or perceived heterosexuality, homosexuality,
16		bisexuality, or gender-related identity, whether or not
17		traditionally associated with the person's designated sex at
18		birth. "Sexual orientation" does not include a physical or
19		sexual attraction to a minor by an adult.
20		(P) Unfavorable military discharge. "Unfavorable military
21		discharge" includes discharges from the Armed Forces of the
22		United States, their Reserve components, or any National Guard
23		or Naval Militia which are classified as RE-3 or the
24		equivalent thereof, but does not include those characterized
25		as RE-4 or "Dishonorable".
26		(Q) Unlawful discrimination. "Unlawful discrimination"

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1		means discrimination against a person because of his or her
2		actual or perceived: race, color, religion, national origin,
3		ancestry, age, sex, marital status, order of protection
4		status, disability, military status, sexual orientation,
5		pregnancy, or unfavorable discharge from military service as
6		those terms are defined in this Section.
7		(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;
8		101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
9		(775 ILCS 5/2-101)
10		Sec. 2-101. Definitions. The following definitions are
11		applicable strictly in the context of this Article.
12		(A) Employee.
13		(1) "Employee" includes:
14		(a) Any individual performing services for
15		remuneration within this State for an employer;
16		(b) An apprentice;
17		(c) An applicant for any apprenticeship.
18		For purposes of subsection (D) of Section 2-102 of
19		this Act, "employee" also includes an unpaid intern. An
20		unpaid intern is a person who performs work for an
21		employer under the following circumstances:
22		(i) the employer is not committed to hiring the
23		person performing the work at the conclusion of the
24		intern's tenure;
25		(ii) the employer and the person performing the

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1		work agree that the person is not entitled to wages for
2		the work performed; and
3		(iii) the work performed:
4		(I) supplements training given in an
5		educational environment that may enhance the
6		employability of the intern;
7		(II) provides experience for the benefit of
8		the person performing the work;
9		(III) does not displace regular employees;
10		(IV) is performed under the close supervision
11		of existing staff; and
12		(V) provides no immediate advantage to the
13		employer providing the training and may
14		occasionally impede the operations of the
15		employer.
16		(2) "Employee" does not include:
17		(a) (Blank);
18		(b) Individuals employed by persons who are not
19		"employers" as defined by this Act;
20		(c) Elected public officials or the members of
21		their immediate personal staffs;
22		(d) Principal administrative officers of the State
23		or of any political subdivision, municipal corporation
24		or other governmental unit or agency;
25		(e) A person in a vocational rehabilitation
26		facility certified under federal law who has been

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1		designated an evaluee, trainee, or work activity
2		client.
3		(B) Employer.
4		(1) "Employer" includes:
5		(a) Any person employing one or more employees
6		within Illinois during 20 or more calendar weeks
7		within the calendar year of or preceding the alleged
8		violation;
9		(b) Any person employing one or more employees
10		when a complainant alleges civil rights violation due
11		to unlawful discrimination based upon his or her
12		physical or mental disability unrelated to ability,
13		pregnancy, or sexual harassment;
14		(c) The State and any political subdivision,
15		municipal corporation or other governmental unit or
16		agency, without regard to the number of employees;
17		(d) Any party to a public contract without regard
18		to the number of employees;
19		(e) A joint apprenticeship or training committee
20		without regard to the number of employees.
21		(2) "Employer" does not include any place of worship,
22		religious corporation, association, educational
23		institution, society, or non-profit nursing institution
24		conducted by and for those who rely upon treatment by
25		prayer through spiritual means in accordance with the
26		tenets of a recognized church or religious denomination

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1		with respect to the employment of individuals of a
2		particular religion to perform work connected with the
3		carrying on by such place of worship, corporation,
4		association, educational institution, society or
5		non-profit nursing institution of its activities.
6		(C) Employment Agency. "Employment Agency" includes both
7		public and private employment agencies and any person, labor
8		organization, or labor union having a hiring hall or hiring
9		office regularly undertaking, with or without compensation, to
10		procure opportunities to work, or to procure, recruit, refer
11		or place employees.
12		(D) Labor Organization. "Labor Organization" includes any
13		organization, labor union, craft union, or any voluntary
14		unincorporated association designed to further the cause of
15		the rights of union labor which is constituted for the
16		purpose, in whole or in part, of collective bargaining or of
17		dealing with employers concerning grievances, terms or
18		conditions of employment, or apprenticeships or applications
19		for apprenticeships, or of other mutual aid or protection in
20		connection with employment, including apprenticeships or
21		applications for apprenticeships.
22		(E) Sexual Harassment. "Sexual harassment" means any
23		unwelcome sexual advances or requests for sexual favors or any
24		conduct of a sexual nature when (1) submission to such conduct
25		is made either explicitly or implicitly a term or condition of
26		an individual's employment, (2) submission to or rejection of

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1		such conduct by an individual is used as the basis for
2		employment decisions affecting such individual, or (3) such
3		conduct has the purpose or effect of substantially interfering
4		with an individual's work performance or creating an
5		intimidating, hostile or offensive working environment.
6		For purposes of this definition, the phrase "working
7		environment" is not limited to a physical location an employee
8		is assigned to perform his or her duties.
9		(E-1) Harassment. "Harassment" means any unwelcome conduct
10		on the basis of an individual's actual or perceived race,
11		color, religion, national origin, ancestry, age, sex, marital
12		status, order of protection status, disability, military
13		status, sexual orientation, pregnancy, unfavorable discharge
14		from military service, or citizenship status that has the
15		purpose or effect of substantially interfering with the
16		individual's work performance or creating an intimidating,
17		hostile, or offensive working environment. For purposes of
18		this definition, the phrase "working environment" is not
19		limited to a physical location an employee is assigned to
20		perform his or her duties.
21		(F) Religion. "Religion" with respect to employers
22		includes all aspects of religious observance and practice, as
23		well as belief, unless an employer demonstrates that he is
24		unable to reasonably accommodate an employee's or prospective
25		employee's religious observance or practice without undue
26		hardship on the conduct of the employer's business.

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1		(G) Public Employer. "Public employer" means the State, an
2		agency or department thereof, unit of local government, school
3		district, instrumentality or political subdivision.
4		(H) Public Employee. "Public employee" means an employee
5		of the State, agency or department thereof, unit of local
6		government, school district, instrumentality or political
7		subdivision. "Public employee" does not include public
8		officers or employees of the General Assembly or agencies
9		thereof.
10		(I) Public Officer. "Public officer" means a person who is
11		elected to office pursuant to the Constitution or a statute or
12		ordinance, or who is appointed to an office which is
13		established, and the qualifications and duties of which are
14		prescribed, by the Constitution or a statute or ordinance, to
15		discharge a public duty for the State, agency or department
16		thereof, unit of local government, school district,
17		instrumentality or political subdivision.
18		(J) Eligible Bidder. "Eligible bidder" means a person who,
19		prior to contract award or prior to bid opening for State
20		contracts for construction or construction-related services,
21		has filed with the Department a properly completed, sworn and
22		currently valid employer report form, pursuant to the
23		Department's regulations. The provisions of this Article
24		relating to eligible bidders apply only to bids on contracts
25		with the State and its departments, agencies, boards, and
26		commissions, and the provisions do not apply to bids on

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1		contracts with units of local government or school districts.
2		(K) Citizenship Status. "Citizenship status" means the
3		status of being:
4		(1) a born U.S. citizen;
5		(2) a naturalized U.S. citizen;
6		(3) a U.S. national; or
7		(4) a person born outside the United States and not a
8		U.S. citizen who is not an unauthorized alien and who is
9		protected from discrimination under the provisions of
10		Section 1324b of Title 8 of the United States Code, as now
11		or hereafter amended.
12		(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20;
13		101-430, eff. 7-1-20; revised 8-4-20.)
14		(775 ILCS 5/2-108)
15		(Section scheduled to be repealed on January 1, 2030)
16		Sec. 2-108. Employer disclosure requirements.
17		(A) Definitions. The following definitions are applicable
18		strictly to this Section:
19		(1) "Employer" means:
20		(a) any person employing one or more employees
21		within this State;
22		(b) a labor organization; or
23		(c) the State and any political subdivision,
24		municipal corporation, or other governmental unit or
25		agency, without regard to the number of employees.

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1		(2) "Settlement" means any written commitment or
2		written agreement, including any agreed judgment,
3		stipulation, decree, agreement to settle, assurance of
4		discontinuance, or otherwise between an employee, as
5		defined by subsection (A) of Section 2-101, or a
6		nonemployee to whom an employer owes a duty under this Act
7		pursuant to subsection (A-10) or (D-5) of Section 2-102,
8		and an employer under which the employer directly or
9		indirectly provides to an individual compensation or other
10		consideration due to an allegation that the individual has
11		been a victim of sexual harassment or unlawful
12		discrimination under this Act.
13		(3) "Adverse judgment or administrative ruling" means
14		any final and non-appealable adverse judgment or final and
15		non-appealable administrative ruling entered in favor of
16		an employee as defined by subsection (A) of Section 2-101
17		or a nonemployee to whom an employer owes a duty under this
18		Act pursuant to subsection (A-10) or (D-5) of Section
19		2-102, and against the employer during the preceding year
20		in which there was a finding of sexual harassment or
21		unlawful discrimination brought under this Act, Title VII
22		of the Civil Rights Act of 1964, or any other federal,
23		State, or local law prohibiting sexual harassment or
24		unlawful discrimination.
25		(B) Required disclosures. Beginning July 1, 2020, and by
26		each July 1 thereafter, each employer that had an adverse

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1		judgment or administrative ruling against it in the preceding
2		calendar year, as provided in this Section, shall disclose
3		annually to the Department of Human Rights the following
4		information:
5		(1) the total number of adverse judgments or
6		administrative rulings during the preceding year;
7		(2) whether any equitable relief was ordered against
8		the employer in any adverse judgment or administrative
9		ruling described in paragraph (1);
10		(3) how many adverse judgments or administrative
11		rulings described in paragraph (1) are in each of the
12		following categories:
13		(a) sexual harassment;
14		(b) discrimination or harassment on the basis of
15		sex;
16		(c) discrimination or harassment on the basis of
17		race, color, or national origin;
18		(d) discrimination or harassment on the basis of
19		religion;
20		(e) discrimination or harassment on the basis of
21		age;
22		(f) discrimination or harassment on the basis of
23		disability;
24		(g) discrimination or harassment on the basis of
25		military status or unfavorable discharge from military
26		status;

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1		(h) discrimination or harassment on the basis of
2		sexual orientation or gender identity; and
3		(i) discrimination or harassment on the basis of
4		any other characteristic protected under this Act. ;
5		(C) Settlements. If the Department is investigating a
6		charge filed pursuant to this Act, the Department may request
7		the employer responding to the charge to submit the total
8		number of settlements entered into during the preceding 5
9		years, or less at the direction of the Department, that relate
10		to any alleged act of sexual harassment or unlawful
11		discrimination that:
12		(1) occurred in the workplace of the employer; or
13		(2) involved the behavior of an employee of the
14		employer or a corporate executive of the employer, without
15		regard to whether that behavior occurred in the workplace
16		of the employer.
17		The total number of settlements entered into during the
18		requested period shall be reported along with how many
19		settlements are in each of the following categories, when
20		requested by the Department pursuant to this subsection:
21		(a) sexual harassment;
22		(b) discrimination or harassment on the basis of sex;
23		(c) discrimination or harassment on the basis of race,
24		color, or national origin;
25		(d) discrimination or harassment on the basis of
26		religion;

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1		(e) discrimination or harassment on the basis of age;
2		(f) discrimination or harassment on the basis of
3		disability;
4		(g) discrimination or harassment on the basis of
5		military status or unfavorable discharge from military
6		status;
7		(h) discrimination or harassment on the basis of
8		sexual orientation or gender identity; and
9		(i) discrimination or harassment on the basis of any
10		other characteristic protected under this Act;
11		The Department shall not rely on the existence of any
12		settlement agreement to support a finding of substantial
13		evidence under this Act.
14		(D) Prohibited disclosures. An employer may not disclose
15		the name of a victim of an act of alleged sexual harassment or
16		unlawful discrimination in any disclosures required under this
17		Section.
18		(E) Annual report. The Department shall publish an annual
19		report aggregating the information reported by employers under
20		subsection (B) of this Section such that no individual
21		employer data is available to the public. The report shall
22		include the number of adverse judgments or administrative
23		rulings filed during the preceding calendar year based on each
24		of the protected classes identified by this Act.
25		The report shall be filed with the General Assembly and
26		made available to the public by December 31 of each reporting

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1		year. Data submitted by an employer to comply with this
2		Section is confidential and exempt from the Freedom of
3		Information Act.
4		(F) Failure to report and penalties. If an employer fails
5		to make any disclosures required under this Section, the
6		Department shall issue a notice to show cause giving the
7		employer 30 days to disclose the required information. If the
8		employer does not make the required disclosures within 30
9		days, the Department shall petition the Illinois Human Rights
10		Commission for entry of an order imposing a civil penalty
11		against the employer pursuant to Section 8-109.1. The civil
12		penalty shall be paid into the Department of Human Rights'
13		Training and Development Fund.
14		(G) Rules. The Department shall adopt any rules it deems
15		necessary for implementation of this Section.
16		(H) This Section is repealed on January 1, 2030.
17		(Source: P.A. 101-221, eff. 1-1-20; revised 9-12-19.)
18		(775 ILCS 5/6-102)
19		Sec. 6-102. Violations of other Acts. A person who
20		violates the Section 11-117-12.2 of the Illinois Municipal
21		Code, Section 224.05 of the Illinois Insurance Code, Section
22		8-201.5 of the Public Utilities Act, Sections 2-1401.1,
23		9-107.10, 9-107.11, and 15-1501.6 of the Code of Civil
24		Procedure, Section 4.05 of the Interest Act, the Military
25		Personnel Cellular Phone Contract Termination Act, Section

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1		405-272 of the Civil Administrative Code of Illinois, Section
2		10-63 of the Illinois Administrative Procedure Act, Sections
3		30.25 and 30.30 of the Military Code of Illinois, Section 16 of
4		the Landlord and Tenant Act, Section 26.5 of the Retail
5		Installment Sales Act, or Section 37 of the Motor Vehicle
6		Leasing Act commits a civil rights violation within the
7		meaning of this Act.
8		(Source: P.A. 100-1101, eff. 1-1-19; revised 7-16-19.)
9		(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
10		Sec. 7A-102. Procedures.
11		(A) Charge.
12		(1) Within 300 calendar days after the date that a
13		civil rights violation allegedly has been committed, a
14		charge in writing under oath or affirmation may be filed
15		with the Department by an aggrieved party or issued by the
16		Department itself under the signature of the Director.
17		(2) The charge shall be in such detail as to
18		substantially apprise any party properly concerned as to
19		the time, place, and facts surrounding the alleged civil
20		rights violation.
21		(3) Charges deemed filed with the Department pursuant
22		to subsection (A-1) of this Section shall be deemed to be
23		in compliance with this subsection.
24		(A-1) Equal Employment Opportunity Commission Charges.
25		(1) If a charge is filed with the Equal Employment

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1		Opportunity Commission (EEOC) within 300 calendar days
2		after the date of the alleged civil rights violation, the
3		charge shall be deemed filed with the Department on the
4		date filed with the EEOC. If the EEOC is the governmental
5		agency designated to investigate the charge first, the
6		Department shall take no action until the EEOC makes a
7		determination on the charge and after the complainant
8		notifies the Department of the EEOC's determination. In
9		such cases, after receiving notice from the EEOC that a
10		charge was filed, the Department shall notify the parties
11		that (i) a charge has been received by the EEOC and has
12		been sent to the Department for dual filing purposes; (ii)
13		the EEOC is the governmental agency responsible for
14		investigating the charge and that the investigation shall
15		be conducted pursuant to the rules and procedures adopted
16		by the EEOC; (iii) it will take no action on the charge
17		until the EEOC issues its determination; (iv) the
18		complainant must submit a copy of the EEOC's determination
19		within 30 days after service of the determination by the
20		EEOC on the complainant; and (v) that the time period to
21		investigate the charge contained in subsection (G) of this
22		Section is tolled from the date on which the charge is
23		filed with the EEOC until the EEOC issues its
24		determination.
25		(2) If the EEOC finds reasonable cause to believe that
26		there has been a violation of federal law and if the

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1		Department is timely notified of the EEOC's findings by
2		the complainant, the Department shall notify the
3		complainant that the Department has adopted the EEOC's
4		determination of reasonable cause and that the complainant
5		has the right, within 90 days after receipt of the
6		Department's notice, to either file his or her own
7		complaint with the Illinois Human Rights Commission or
8		commence a civil action in the appropriate circuit court
9		or other appropriate court of competent jurisdiction. This
10		notice shall be provided to the complainant within 10
11		business days after the Department's receipt of the EEOC's
12		determination. The Department's notice to the complainant
13		that the Department has adopted the EEOC's determination
14		of reasonable cause shall constitute the Department's
15		Report for purposes of subparagraph (D) of this Section.
16		(3) For those charges alleging violations within the
17		jurisdiction of both the EEOC and the Department and for
18		which the EEOC either (i) does not issue a determination,
19		but does issue the complainant a notice of a right to sue,
20		including when the right to sue is issued at the request of
21		the complainant, or (ii) determines that it is unable to
22		establish that illegal discrimination has occurred and
23		issues the complainant a right to sue notice, and if the
24		Department is timely notified of the EEOC's determination
25		by the complainant, the Department shall notify the
26		parties, within 10 business days after receipt of the

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1		EEOC's determination, that the Department will adopt the
2		EEOC's determination as a dismissal for lack of
3		substantial evidence unless the complainant requests in
4		writing within 35 days after receipt of the Department's
5		notice that the Department review the EEOC's
6		determination.
7		(a) If the complainant does not file a written
8		request with the Department to review the EEOC's
9		determination within 35 days after receipt of the
10		Department's notice, the Department shall notify the
11		complainant, within 10 business days after the
12		expiration of the 35-day period, that the decision of
13		the EEOC has been adopted by the Department as a
14		dismissal for lack of substantial evidence and that
15		the complainant has the right, within 90 days after
16		receipt of the Department's notice, to commence a
17		civil action in the appropriate circuit court or other
18		appropriate court of competent jurisdiction. The
19		Department's notice to the complainant that the
20		Department has adopted the EEOC's determination shall
21		constitute the Department's report for purposes of
22		subparagraph (D) of this Section.
23		(b) If the complainant does file a written request
24		with the Department to review the EEOC's
25		determination, the Department shall review the EEOC's
26		determination and any evidence obtained by the EEOC

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1		during its investigation. If, after reviewing the
2		EEOC's determination and any evidence obtained by the
3		EEOC, the Department determines there is no need for
4		further investigation of the charge, the Department
5		shall issue a report and the Director shall determine
6		whether there is substantial evidence that the alleged
7		civil rights violation has been committed pursuant to
8		subsection (D) of this Section 7A-102. If, after
9		reviewing the EEOC's determination and any evidence
10		obtained by the EEOC, the Department determines there
11		is a need for further investigation of the charge, the
12		Department may conduct any further investigation it
13		deems necessary. After reviewing the EEOC's
14		determination, the evidence obtained by the EEOC, and
15		any additional investigation conducted by the
16		Department, the Department shall issue a report and
17		the Director shall determine whether there is
18		substantial evidence that the alleged civil rights
19		violation has been committed pursuant to subsection
20		(D) of this Section 7A-102 of this Act.
21		(4) Pursuant to this Section, if the EEOC dismisses
22		the charge or a portion of the charge of discrimination
23		because, under federal law, the EEOC lacks jurisdiction
24		over the charge, and if, under this Act, the Department
25		has jurisdiction over the charge of discrimination, the
26		Department shall investigate the charge or portion of the

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1		charge dismissed by the EEOC for lack of jurisdiction
2		pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
3		(E), (F), (G), (H), (I), (J), and (K) of this Section
4		7A-102 of this Act.
5		(5) The time limit set out in subsection (G) of this
6		Section is tolled from the date on which the charge is
7		filed with the EEOC to the date on which the EEOC issues
8		its determination.
9		(6) The failure of the Department to meet the
10		10-business-day notification deadlines set out in
11		paragraph (2) of this subsection shall not impair the
12		rights of any party.
13		(B) Notice and Response to Charge. The Department shall,
14		within 10 days of the date on which the charge was filed, serve
15		a copy of the charge on the respondent and provide all parties
16		with a notice of the complainant's right to opt out of the
17		investigation within 60 days as set forth in subsection (C-1).
18		This period shall not be construed to be jurisdictional. The
19		charging party and the respondent may each file a position
20		statement and other materials with the Department regarding
21		the charge of alleged discrimination within 60 days of receipt
22		of the notice of the charge. The position statements and other
23		materials filed shall remain confidential unless otherwise
24		agreed to by the party providing the information and shall not
25		be served on or made available to the other party during the
26		pendency of a charge with the Department. The Department may

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1		require the respondent to file a response to the allegations
2		contained in the charge. Upon the Department's request, the
3		respondent shall file a response to the charge within 60 days
4		and shall serve a copy of its response on the complainant or
5		his or her representative. Notwithstanding any request from
6		the Department, the respondent may elect to file a response to
7		the charge within 60 days of receipt of notice of the charge,
8		provided the respondent serves a copy of its response on the
9		complainant or his or her representative. All allegations
10		contained in the charge not denied by the respondent within 60
11		days of the Department's request for a response may be deemed
12		admitted, unless the respondent states that it is without
13		sufficient information to form a belief with respect to such
14		allegation. The Department may issue a notice of default
15		directed to any respondent who fails to file a response to a
16		charge within 60 days of receipt of the Department's request,
17		unless the respondent can demonstrate good cause as to why
18		such notice should not issue. The term "good cause" shall be
19		defined by rule promulgated by the Department. Within 30 days
20		of receipt of the respondent's response, the complainant may
21		file a reply to said response and shall serve a copy of said
22		reply on the respondent or his or her representative. A party
23		shall have the right to supplement his or her response or reply
24		at any time that the investigation of the charge is pending.
25		The Department shall, within 10 days of the date on which the
26		charge was filed, and again no later than 335 days thereafter,

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1		send by certified or registered mail, or electronic mail if
2		elected by the party, written notice to the complainant and to
3		the respondent informing the complainant of the complainant's
4		rights to either file a complaint with the Human Rights
5		Commission or commence a civil action in the appropriate
6		circuit court under subparagraph (2) of paragraph (G),
7		including in such notice the dates within which the
8		complainant may exercise these rights. In the notice the
9		Department shall notify the complainant that the charge of
10		civil rights violation will be dismissed with prejudice and
11		with no right to further proceed if a written complaint is not
12		timely filed with the Commission or with the appropriate
13		circuit court by the complainant pursuant to subparagraph (2)
14		of paragraph (G) or by the Department pursuant to subparagraph
15		(1) of paragraph (G).
16		(B-1) Mediation. The complainant and respondent may agree
17		to voluntarily submit the charge to mediation without waiving
18		any rights that are otherwise available to either party
19		pursuant to this Act and without incurring any obligation to
20		accept the result of the mediation process. Nothing occurring
21		in mediation shall be disclosed by the Department or
22		admissible in evidence in any subsequent proceeding unless the
23		complainant and the respondent agree in writing that such
24		disclosure be made.
25		(C) Investigation.
26		(1) The Department shall conduct an investigation

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1		sufficient to determine whether the allegations set forth
2		in the charge are supported by substantial evidence unless
3		the complainant elects to opt out of an investigation
4		pursuant to subsection (C-1).
5		(2) The Director or his or her designated
6		representatives shall have authority to request any member
7		of the Commission to issue subpoenas to compel the
8		attendance of a witness or the production for examination
9		of any books, records or documents whatsoever.
10		(3) If any witness whose testimony is required for any
11		investigation resides outside the State, or through
12		illness or any other good cause as determined by the
13		Director is unable to be interviewed by the investigator
14		or appear at a fact finding conference, his or her
15		testimony or deposition may be taken, within or without
16		the State, in the same manner as is provided for in the
17		taking of depositions in civil cases in circuit courts.
18		(4) Upon reasonable notice to the complainant and the
19		respondent, the Department shall conduct a fact finding
20		conference, unless prior to 365 days after the date on
21		which the charge was filed the Director has determined
22		whether there is substantial evidence that the alleged
23		civil rights violation has been committed, the charge has
24		been dismissed for lack of jurisdiction, or the parties
25		voluntarily and in writing agree to waive the fact finding
26		conference. Any party's failure to attend the conference

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1		without good cause shall result in dismissal or default.
2		The term "good cause" shall be defined by rule promulgated
3		by the Department. A notice of dismissal or default shall
4		be issued by the Director. The notice of default issued by
5		the Director shall notify the respondent that a request
6		for review may be filed in writing with the Commission
7		within 30 days of receipt of notice of default. The notice
8		of dismissal issued by the Director shall give the
9		complainant notice of his or her right to seek review of
10		the dismissal before the Human Rights Commission or
11		commence a civil action in the appropriate circuit court.
12		If the complainant chooses to have the Human Rights
13		Commission review the dismissal order, he or she shall
14		file a request for review with the Commission within 90
15		days after receipt of the Director's notice. If the
16		complainant chooses to file a request for review with the
17		Commission, he or she may not later commence a civil
18		action in a circuit court. If the complainant chooses to
19		commence a civil action in a circuit court, he or she must
20		do so within 90 days after receipt of the Director's
21		notice.
22		(C-1) Opt out of Department's investigation. At any time
23		within 60 days after receipt of notice of the right to opt out,
24		a complainant may submit a written request seeking notice from
25		the Director indicating that the complainant has opted out of
26		the investigation and may commence a civil action in the

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1		appropriate circuit court or other appropriate court of
2		competent jurisdiction. Within 10 business days of receipt of
3		the complainant's request to opt out of the investigation, the
4		Director shall issue a notice to the parties stating that: (i)
5		the complainant has exercised the right to opt out of the
6		investigation; (ii) the complainant has 90 days after receipt
7		of the Director's notice to commence an action in the
8		appropriate circuit court or other appropriate court of
9		competent jurisdiction; and (iii) the Department has ceased
10		its investigation and is administratively closing the charge.
11		The complainant shall notify the Department and the respondent
12		that a complaint has been filed with the appropriate circuit
13		court or other appropriate court of competent jurisdiction and
14		shall mail a copy of the complaint to the Department and the
15		respondent on the same date that the complaint is filed with
16		the appropriate court. Once a complainant has opted out of the
17		investigation under this subsection, he or she may not file or
18		refile a substantially similar charge with the Department
19		arising from the same incident of unlawful discrimination or
20		harassment.
21		(D) Report.
22		(1) Each charge investigated under subsection (C)
23		shall be the subject of a report to the Director. The
24		report shall be a confidential document subject to review
25		by the Director, authorized Department employees, the
26		parties, and, where indicated by this Act, members of the

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1		Commission or their designated hearing officers.
2		(2) Upon review of the report, the Director shall
3		determine whether there is substantial evidence that the
4		alleged civil rights violation has been committed. The
5		determination of substantial evidence is limited to
6		determining the need for further consideration of the
7		charge pursuant to this Act and includes, but is not
8		limited to, findings of fact and conclusions, as well as
9		the reasons for the determinations on all material issues.
10		Substantial evidence is evidence which a reasonable mind
11		accepts as sufficient to support a particular conclusion
12		and which consists of more than a mere scintilla but may be
13		somewhat less than a preponderance.
14		(3) If the Director determines that there is no
15		substantial evidence, the charge shall be dismissed by
16		order of the Director and the Director shall give the
17		complainant notice of his or her right to seek review of
18		the dismissal order before the Commission or commence a
19		civil action in the appropriate circuit court. If the
20		complainant chooses to have the Human Rights Commission
21		review the dismissal order, he or she shall file a request
22		for review with the Commission within 90 days after
23		receipt of the Director's notice. If the complainant
24		chooses to file a request for review with the Commission,
25		he or she may not later commence a civil action in a
26		circuit court. If the complainant chooses to commence a

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1		civil action in a circuit court, he or she must do so
2		within 90 days after receipt of the Director's notice.
3		(4) If the Director determines that there is
4		substantial evidence, he or she shall notify the
5		complainant and respondent of that determination. The
6		Director shall also notify the parties that the
7		complainant has the right to either commence a civil
8		action in the appropriate circuit court or request that
9		the Department of Human Rights file a complaint with the
10		Human Rights Commission on his or her behalf. Any such
11		complaint shall be filed within 90 days after receipt of
12		the Director's notice. If the complainant chooses to have
13		the Department file a complaint with the Human Rights
14		Commission on his or her behalf, the complainant must,
15		within 30 days after receipt of the Director's notice,
16		request in writing that the Department file the complaint.
17		If the complainant timely requests that the Department
18		file the complaint, the Department shall file the
19		complaint on his or her behalf. If the complainant fails
20		to timely request that the Department file the complaint,
21		the complainant may file his or her complaint with the
22		Commission or commence a civil action in the appropriate
23		circuit court. If the complainant files a complaint with
24		the Human Rights Commission, the complainant shall give
25		notice to the Department of the filing of the complaint
26		with the Human Rights Commission.

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1		(E) Conciliation.
2		(1) When there is a finding of substantial evidence,
3		the Department may designate a Department employee who is
4		an attorney licensed to practice in Illinois to endeavor
5		to eliminate the effect of the alleged civil rights
6		violation and to prevent its repetition by means of
7		conference and conciliation.
8		(2) When the Department determines that a formal
9		conciliation conference is necessary, the complainant and
10		respondent shall be notified of the time and place of the
11		conference by registered or certified mail at least 10
12		days prior thereto and either or both parties shall appear
13		at the conference in person or by attorney.
14		(3) The place fixed for the conference shall be within
15		35 miles of the place where the civil rights violation is
16		alleged to have been committed.
17		(4) Nothing occurring at the conference shall be
18		disclosed by the Department unless the complainant and
19		respondent agree in writing that such disclosure be made.
20		(5) The Department's efforts to conciliate the matter
21		shall not stay or extend the time for filing the complaint
22		with the Commission or the circuit court.
23		(F) Complaint.
24		(1) When the complainant requests that the Department
25		file a complaint with the Commission on his or her behalf,
26		the Department shall prepare a written complaint, under

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1		oath or affirmation, stating the nature of the civil
2		rights violation substantially as alleged in the charge
3		previously filed and the relief sought on behalf of the
4		aggrieved party. The Department shall file the complaint
5		with the Commission.
6		(2) If the complainant chooses to commence a civil
7		action in a circuit court, he or she must do so in the
8		circuit court in the county wherein the civil rights
9		violation was allegedly committed. The form of the
10		complaint in any such civil action shall be in accordance
11		with the Illinois Code of Civil Procedure.
12		(G) Time Limit.
13		(1) When a charge of a civil rights violation has been
14		properly filed, the Department, within 365 days thereof or
15		within any extension of that period agreed to in writing
16		by all parties, shall issue its report as required by
17		subparagraph (D). Any such report shall be duly served
18		upon both the complainant and the respondent.
19		(2) If the Department has not issued its report within
20		365 days after the charge is filed, or any such longer
21		period agreed to in writing by all the parties, the
22		complainant shall have 90 days to either file his or her
23		own complaint with the Human Rights Commission or commence
24		a civil action in the appropriate circuit court. If the
25		complainant files a complaint with the Commission, the
26		form of the complaint shall be in accordance with the

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1		provisions of paragraph (F)(1). If the complainant
2		commences a civil action in a circuit court, the form of
3		the complaint shall be in accordance with the Illinois
4		Code of Civil Procedure. The aggrieved party shall notify
5		the Department that a complaint has been filed and shall
6		serve a copy of the complaint on the Department on the same
7		date that the complaint is filed with the Commission or in
8		circuit court. If the complainant files a complaint with
9		the Commission, he or she may not later commence a civil
10		action in circuit court.
11		(3) If an aggrieved party files a complaint with the
12		Human Rights Commission or commences a civil action in
13		circuit court pursuant to paragraph (2) of this
14		subsection, or if the time period for filing a complaint
15		has expired, the Department shall immediately cease its
16		investigation and dismiss the charge of civil rights
17		violation. Any final order entered by the Commission under
18		this Section is appealable in accordance with paragraph
19		(B)(1) of Section 8-111. Failure to immediately cease an
20		investigation and dismiss the charge of civil rights
21		violation as provided in this paragraph (3) constitutes
22		grounds for entry of an order by the circuit court
23		permanently enjoining the investigation. The Department
24		may also be liable for any costs and other damages
25		incurred by the respondent as a result of the action of the
26		Department.

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1		(4) (Blank).
2		(H) Public Act 89-370 This amendatory Act of 1995 applies
3		to causes of action filed on or after January 1, 1996.
4		(I) Public Act 89-520 This amendatory Act of 1996 applies
5		to causes of action filed on or after January 1, 1996.
6		(J) The changes made to this Section by Public Act 95-243
7		apply to charges filed on or after the effective date of those
8		changes.
9		(K) The changes made to this Section by Public Act 96-876
10		this amendatory Act of the 96th General Assembly apply to
11		charges filed on or after the effective date of those changes.
12		(L) The changes made to this Section by Public Act
13		100-1066 this amendatory Act of the 100th General Assembly
14		apply to charges filed on or after August 24, 2018 (the
15		effective date of Public Act 100-1066) this amendatory Act of
16		the 100th General Assembly.
17		(Source: P.A. 100-492, eff. 9-8-17; 100-588, eff. 6-8-18;
18		100-1066, eff. 8-24-18; 101-221, eff. 1-1-20; revised
19		9-12-19.)
20		(775 ILCS 5/7A-103) (from Ch. 68, par. 7A-103)
21		Sec. 7A-103. Settlement.
22		(A) Circumstances. A settlement of any charge prior to the
23		filing of a complaint may be effectuated at any time upon
24		agreement of the parties and the approval of the Department. A
25		settlement of any charge after the filing of a complaint shall

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1		be effectuated as specified in Section 8-105(A)(2) of this
2		Act.
3		(B) Form. Settlements of charges prior to the filing of
4		complaints shall be reduced to writing by the Department,
5		signed by the parties, and submitted by the Department to the
6		Commission for approval. Settlements of charges after the
7		filing of complaints shall be effectuated as specified in
8		Section 8-105(A)(2) of this Act.
9		(C) Violation.
10		(1) When either party alleges that a settlement order
11		has been violated, the Department shall conduct an
12		investigation into the matter.
13		(2) Upon finding substantial evidence to demonstrate
14		that a settlement has been violated, the Department shall
15		file notice of a settlement order violation with the
16		Commission and serve all parties.
17		(D) Dismissal For Refusal To Accept Settlement Offer. The
18		Department shall dismiss a charge if it is satisfied that:
19		(1) the respondent has eliminated the effects of the
20		civil rights violation charged and taken steps to prevent
21		its repetition; or
22		(2) the respondent offers and the complainant declines
23		to accept terms of settlement which the Department finds
24		are sufficient to eliminate the effects of the civil
25		rights violation charged and prevent its repetition.
26		When the Department dismisses a charge under this Section

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1		it shall notify the complainant that he or she may seek review
2		of the dismissal order before the Commission. The complainant
3		shall have 30 days from receipt of notice to file a request for
4		review by the Commission.
5		In determining whether the respondent has eliminated the
6		effects of the civil rights violation charged, or has offered
7		terms of settlement sufficient to eliminate same, the
8		Department shall consider the extent to which the respondent
9		has either fully provided, or reasonably offered by way of
10		terms of settlement, as the case may be, the relevant relief
11		available to the complainant under Section 8A-104 8-108 of
12		this Act.
13		(E) Public Act 89-370 This amendatory Act of 1995 applies
14		to causes of action filed on or after January 1, 1996.
15		(F) The changes made to this Section by Public Act 95-243
16		this amendatory Act of the 95th General Assembly apply to
17		charges filed on or after the effective date of those changes.
18		(Source: P.A. 95-243, eff. 1-1-08; revised 9-4-20.)
19		Section 830. The Business Corporation Act of 1983 is
20		amended by changing Sections 15.35 and 15.65 as follows:
21		(805 ILCS 5/15.35) (from Ch. 32, par. 15.35)
22		(Section scheduled to be repealed on December 31, 2025)
23		Sec. 15.35. Franchise taxes payable by domestic
24		corporations. For the privilege of exercising its franchises

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1		in this State, each domestic corporation shall pay to the
2		Secretary of State the following franchise taxes, computed on
3		the basis, at the rates and for the periods prescribed in this
4		Act:
5		(a) An initial franchise tax at the time of filing its
6		first report of issuance of shares.
7		(b) An additional franchise tax at the time of filing
8		(1) a report of the issuance of additional shares, or (2) a
9		report of an increase in paid-in capital without the
10		issuance of shares, or (3) an amendment to the articles of
11		incorporation or a report of cumulative changes in paid-in
12		capital, whenever any amendment or such report discloses
13		an increase in its paid-in capital over the amount thereof
14		last reported in any document, other than an annual
15		report, interim annual report or final transition annual
16		report required by this Act to be filed in the office of
17		the Secretary of State.
18		(c) An additional franchise tax at the time of filing
19		a report of paid-in capital following a statutory merger
20		or consolidation, which discloses that the paid-in capital
21		of the surviving or new corporation immediately after the
22		merger or consolidation is greater than the sum of the
23		paid-in capital of all of the merged or consolidated
24		corporations as last reported by them in any documents,
25		other than annual reports, required by this Act to be
26		filed in the office of the Secretary of State; and in

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1		addition, the surviving or new corporation shall be liable
2		for a further additional franchise tax on the paid-in
3		capital of each of the merged or consolidated corporations
4		as last reported by them in any document, other than an
5		annual report, required by this Act to be filed with the
6		Secretary of State from their taxable year end to the next
7		succeeding anniversary month or, in the case of a
8		corporation which has established an extended filing
9		month, the extended filing month of the surviving or new
10		corporation; however if the taxable year ends within the
11		2-month 2 month period immediately preceding the
12		anniversary month or, in the case of a corporation which
13		has established an extended filing month, the extended
14		filing month of the surviving or new corporation the tax
15		will be computed to the anniversary month or, in the case
16		of a corporation which has established an extended filing
17		month, the extended filing month of the surviving or new
18		corporation in the next succeeding calendar year.
19		(d) An annual franchise tax payable each year with the
20		annual report which the corporation is required by this
21		Act to file.
22		(e) On or after January 1, 2020 and prior to January 1,
23		2021, the first $30 in liability is exempt from the tax imposed
24		under this Section. On or after January 1, 2021 and prior to
25		January 1, 2022, the first $1,000 in liability is exempt from
26		the tax imposed under this Section. On or after January 1, 2022

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1		and prior to January 1, 2023, the first $10,000 in liability is
2		exempt from the tax imposed under this Section. On or after
3		January 1, 2023 and prior to January 1, 2024, the first
4		$100,000 in liability is exempt from the tax imposed under
5		this Section. The provisions of this Section shall not require
6		the payment of any franchise tax that would otherwise have
7		been due and payable on or after January 1, 2024. There shall
8		be no refunds or proration of franchise tax for any taxes due
9		and payable on or after January 1, 2024 on the basis that a
10		portion of the corporation's taxable year extends beyond
11		January 1, 2024. Public Act 101-9 This amendatory Act of the
12		101st General Assembly shall not affect any right accrued or
13		established, or any liability or penalty incurred prior to
14		January 1, 2024.
15		(f) This Section is repealed on December 31, 2025.
16		(Source: P.A. 101-9, eff. 6-5-19; revised 7-18-19.)
17		(805 ILCS 5/15.65) (from Ch. 32, par. 15.65)
18		(Section scheduled to be repealed on December 31, 2024)
19		Sec. 15.65. Franchise taxes payable by foreign
20		corporations. For the privilege of exercising its authority to
21		transact such business in this State as set out in its
22		application therefor or any amendment thereto, each foreign
23		corporation shall pay to the Secretary of State the following
24		franchise taxes, computed on the basis, at the rates and for
25		the periods prescribed in this Act:

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1		(a) An initial franchise tax at the time of filing its
2		application for authority to transact business in this
3		State.
4		(b) An additional franchise tax at the time of filing
5		(1) a report of the issuance of additional shares, or (2) a
6		report of an increase in paid-in capital without the
7		issuance of shares, or (3) a report of cumulative changes
8		in paid-in capital or a report of an exchange or
9		reclassification of shares, whenever any such report
10		discloses an increase in its paid-in capital over the
11		amount thereof last reported in any document, other than
12		an annual report, interim annual report or final
13		transition annual report, required by this Act to be filed
14		in the office of the Secretary of State.
15		(c) Whenever the corporation shall be a party to a
16		statutory merger and shall be the surviving corporation,
17		an additional franchise tax at the time of filing its
18		report following merger, if such report discloses that the
19		amount represented in this State of its paid-in capital
20		immediately after the merger is greater than the aggregate
21		of the amounts represented in this State of the paid-in
22		capital of such of the merged corporations as were
23		authorized to transact business in this State at the time
24		of the merger, as last reported by them in any documents,
25		other than annual reports, required by this Act to be
26		filed in the office of the Secretary of State; and in

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1		addition, the surviving corporation shall be liable for a
2		further additional franchise tax on the paid-in capital of
3		each of the merged corporations as last reported by them
4		in any document, other than an annual report, required by
5		this Act to be filed with the Secretary of State, from
6		their taxable year end to the next succeeding anniversary
7		month or, in the case of a corporation which has
8		established an extended filing month, the extended filing
9		month of the surviving corporation; however if the taxable
10		year ends within the 2-month 2 month period immediately
11		preceding the anniversary month or the extended filing
12		month of the surviving corporation, the tax will be
13		computed to the anniversary or, extended filing month of
14		the surviving corporation in the next succeeding calendar
15		year.
16		(d) An annual franchise tax payable each year with any
17		annual report which the corporation is required by this
18		Act to file.
19		(e) On or after January 1, 2020 and prior to January 1,
20		2021, the first $30 in liability is exempt from the tax imposed
21		under this Section. On or after January 1, 2021 and prior to
22		January 1, 2022, the first $1,000 in liability is exempt from
23		the tax imposed under this Section. On or after January 1, 2022
24		and prior to January 1, 2023, the first $10,000 in liability is
25		exempt from the tax imposed under this Section. On or after
26		January 1, 2023 and prior to January 1, 2024, the first

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1		$100,000 in liability is exempt from the tax imposed under
2		this Section. The provisions of this Section shall not require
3		the payment of any franchise tax that would otherwise have
4		been due and payable on or after January 1, 2024. There shall
5		be no refunds or proration of franchise tax for any taxes due
6		and payable on or after January 1, 2024 on the basis that a
7		portion of the corporation's taxable year extends beyond
8		January 1, 2024. Public Act 101-9 This amendatory Act of the
9		101st General Assembly shall not affect any right accrued or
10		established, or any liability or penalty incurred prior to
11		January 1, 2024.
12		(f) This Section is repealed on December 31, 2024.
13		(Source: P.A. 101-9, eff. 6-5-19; revised 7-18-19.)
14		Section 835. The General Not For Profit Corporation Act of
15		1986 is amended by changing Section 111.25 as follows:
16		(805 ILCS 105/111.25) (from Ch. 32, par. 111.25)
17		Sec. 111.25. Articles of merger or consolidation.
18		(a) Articles of merger or consolidation shall be executed
19		by each corporation and filed in duplicate in accordance with
20		Section 101.10 of this Act and shall set forth:
21		(1) the name of each corporation;
22		(2) the plan of merger or consolidation;
23		(3) as to each corporation where the plan of merger or
24		consolidation was adopted pursuant to Section 111.15 of

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1		this Act:
2		(i) a statement that the plan received the
3		affirmative vote of a majority of the directors in
4		office, at a meeting of the board of directors, and the
5		date of the meeting; or
6		(ii) a statement that the plan was adopted by
7		written consent, signed by all the directors in
8		office, in compliance with Section 108.45 of this Act;
9		and
10		(4) as to each corporation where the plan of merger or
11		consolidation was adopted pursuant to Section 111.20 of
12		this Act:
13		(i) a statement that the plan was adopted at a
14		meeting of members by the affirmative vote of members
15		having not less than the minimum number of votes
16		necessary to adopt the plan, as provided by this Act,
17		the articles of incorporation, or the bylaws, and the
18		date of the meeting; or
19		(ii) a statement that the plan was adopted by
20		written consent, signed by members having not less
21		than the minimum number of votes necessary to adopt
22		the plan, as provided by this Act, the articles of
23		incorporation or the bylaws, in compliance with
24		Section 107.10 of this Act.
25		(b) When the provisions of this Section have been complied
26		with, the Secretary of State shall file the articles of merger

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1		or consolidation.
2		(Source: P.A. 91-357, eff. 7-29-99; 92-33, eff. 7-1-01;
3		revised 7-18-19.)
4		Section 840. The Limited Worker Cooperative Association
5		Act is amended by changing Section 25 as follows:
6		(805 ILCS 317/25)
7		Sec. 25. Articles of organization. (a) The articles of
8		organization of a limited cooperative association shall state:
9		(1) the domestic entity name of the limited
10		cooperative association;
11		(2) the purposes for which the limited cooperative
12		association is formed, which may be for any lawful
13		purpose;
14		(3) the registered agent name and registered agent
15		address of the association's initial registered agent;
16		(4) the street address and, if different, mailing
17		address of the association's initial principal office;
18		(5) the true name and street address and, if
19		different, mailing address of each organizer; and
20		(6) any other provision, not inconsistent with law,
21		that the worker-members, members, or organizers elect to
22		set out in the articles for the regulation of the internal
23		affairs of the worker cooperative, including any
24		provisions that, under this Act, are required or permitted

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1		to be set out in the bylaws of the worker cooperative.
2		(Source: P.A. 101-292, eff. 1-1-20; revised 9-4-20.)
3		Section 845. The Illinois Pre-Need Cemetery Sales Act is
4		amended by changing Section 16 as follows:
5		(815 ILCS 390/16) (from Ch. 21, par. 216)
6		Sec. 16. Trust funds; disbursements.
7		(a) A trustee shall make no disbursements from the trust
8		fund except as provided in this Act.
9		(b) A trustee has a duty to invest and manage the trust
10		assets pursuant to the Illinois Prudent Investor Law under
11		Article 9 of the Illinois Trust Code. Whenever the seller
12		changes trustees pursuant to this Act, the trustee must
13		provide written notice of the change in trustees to the
14		Comptroller no less than 28 days prior to the effective date of
15		such a change in trustee. The trustee has an ongoing duty to
16		provide the Comptroller with a current and true copy of the
17		trust agreement under which the trust funds are held pursuant
18		to this Act.
19		(c) The trustee may rely upon certifications and
20		affidavits made to it under the provisions of this Act, and
21		shall not be liable to any person for such reliance.
22		(d) A trustee shall be allowed to withdraw from the trust
23		funds maintained pursuant to this Act a reasonable fee
24		pursuant to the Illinois Trust Code.

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1		(e) The trust shall be a single-purpose trust fund. In the
2		event of the seller's bankruptcy, insolvency or assignment for
3		the benefit of creditors, or an adverse judgment, the trust
4		funds shall not be available to any creditor as assets of the
5		seller or to pay any expenses of any bankruptcy or similar
6		proceeding, but shall be distributed to the purchasers or
7		managed for their benefit by the trustee holding the funds.
8		Except in an action by the Comptroller to revoke a license
9		issued pursuant to this Act and for creation of a receivership
10		as provided in this Act, the trust shall not be subject to
11		judgment, execution, garnishment, attachment, or other seizure
12		by process in bankruptcy or otherwise, nor to sale, pledge,
13		mortgage, or other alienation, and shall not be assignable
14		except as approved by the Comptroller. The changes made by
15		this amendatory Act of the 91st General Assembly are intended
16		to clarify existing law regarding the inability of licensees
17		to pledge the trust.
18		(f) Because it is not known at the time of deposit or at
19		the time that income is earned on the trust account to whom the
20		principal and the accumulated earnings will be distributed,
21		for purposes of determining the Illinois Income Tax due on
22		these trust funds, the principal and any accrued earnings or
23		losses relating to each individual account shall be held in
24		suspense until the final determination is made as to whom the
25		account shall be paid.
26		(g) A trustee shall at least annually furnish to each

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1		purchaser a statement identifying: (1) the receipts,
2		disbursements, and inventory of the trust, including an
3		explanation of any fees or expenses charged by the trustee
4		under paragraph (d) of this Section or otherwise, (2) an
5		explanation of the purchaser's right to a refund, if any,
6		under this Act, and (3) the primary regulator of the trust as a
7		corporate fiduciary under state or federal law.
8		(h) If the trustee has reason to believe that the contact
9		information for a purchaser is no longer valid, then the
10		trustee shall promptly notify the seller. If the trustee has
11		reason to believe that the purchaser is deceased, then the
12		trustee shall promptly notify the seller. A trustee shall
13		remit as provided in Section 18.5 of this Act any pre-need
14		trust funds, including both the principal and any accrued
15		earnings or losses, relating to an individual account that is
16		presumed abandoned under Section 18.5.
17		(Source: P.A. 101-48, eff. 1-1-20; 101-552, eff. 1-1-20;
18		revised 9-17-19.)
19		Section 850. The Consumer Fraud and Deceptive Business
20		Practices Act is amended by changing Section 2DDD as follows:
21		(815 ILCS 505/2DDD)
22		Sec. 2DDD. Alternative gas suppliers.
23		(a) Definitions.
24		(1) "Alternative gas supplier" has the same meaning as

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1		in Section 19-105 of the Public Utilities Act.
2		(2) "Gas utility" has the same meaning as in Section
3		19-105 of the Public Utilities Act.
4		(b) It is an unfair or deceptive act or practice within the
5		meaning of Section 2 of this Act for any person to violate any
6		provision of this Section.
7		(c) Solicitation.
8		(1) An alternative gas supplier shall not utilize the
9		name of a public utility in any manner that is deceptive or
10		misleading, including, but not limited to, implying or
11		otherwise leading a customer to believe that an
12		alternative gas supplier is soliciting on behalf of or is
13		an agent of a utility. An alternative gas supplier shall
14		not utilize the name, or any other identifying insignia,
15		graphics, or wording, that has been used at any time to
16		represent a public utility company or its services or to
17		identify, label, or define any of its natural gas supply
18		offers and shall not misrepresent the affiliation of any
19		alternative supplier with the gas utility, governmental
20		bodies, or consumer groups.
21		(2) If any sales solicitation, agreement, contract, or
22		verification is translated into another language and
23		provided to a customer, all of the documents must be
24		provided to the customer in that other language.
25		(2.3) An alternative gas supplier shall state that it
26		represents an independent seller of gas certified by the

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1		Illinois Commerce Commission and that he or she is not
2		employed by, representing, endorsed by, or acting on
3		behalf of a utility, or a utility program.
4		(2.5) All in-person and telephone solicitations shall
5		be conducted in, translated into, and provided in a
6		language in which the consumer subject to the marketing or
7		solicitation is able to understand and communicate. An
8		alternative gas supplier shall terminate a solicitation if
9		the consumer subject to the marketing or communication is
10		unable to understand and communicate in the language in
11		which the marketing or solicitation is being conducted. An
12		alternative gas supplier shall comply with Section 2N of
13		this Act.
14		(3) An alternative gas supplier shall clearly and
15		conspicuously disclose the following information to all
16		customers:
17		(A) the prices, terms, and conditions of the
18		products and services being sold to the customer;
19		(B) where the solicitation occurs in person,
20		including through door-to-door solicitation, the
21		salesperson's name;
22		(C) the alternative gas supplier's contact
23		information, including the address, phone number, and
24		website;
25		(D) contact information for the Illinois Commerce
26		Commission, including the toll-free number for

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1		consumer complaints and website;
2		(E) a statement of the customer's right to rescind
3		the offer within 10 business days of the date on the
4		utility's notice confirming the customer's decision to
5		switch suppliers, as well as phone numbers for the
6		supplier and utility that the consumer may use to
7		rescind the contract;
8		(F) the amount of the early termination fee, if
9		any; and
10		(G) the utility gas supply cost rates per therm
11		price available from the Illinois Commerce Commission
12		website applicable at the time the alternative gas
13		supplier is offering or selling the products or
14		services to the customer and shall disclose the
15		following statement:
16		"(Name of the alternative gas supplier) is not the
17		same entity as your gas delivery company. You are not
18		required to enroll with (name of alternative retail
19		gas supplier). Beginning on (effective date), the
20		utility gas supply cost rate per therm is (cost). The
21		utility gas supply cost will expire on (expiration
22		date). For more information go to the Illinois
23		Commerce Commission's free website at
24		www.icc.illinois.gov/ags/consumereducation.aspx.".
25		(4) Except as provided in paragraph (5) of this
26		subsection (c), an alternative gas supplier shall send the

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1		information described in paragraph (3) of this subsection
2		(c) to all customers within one business day of the
3		authorization of a switch.
4		(5) An alternative gas supplier engaging in
5		door-to-door solicitation of consumers shall provide the
6		information described in paragraph (3) of this subsection
7		(c) during all door-to-door solicitations that result in a
8		customer deciding to switch his or her their supplier.
9		(d) Customer Authorization. An alternative gas supplier
10		shall not submit or execute a change in a customer's selection
11		of a natural gas provider unless and until (i) the alternative
12		gas supplier first discloses all material terms and conditions
13		of the offer to the customer; (ii) the alternative gas
14		supplier has obtained the customer's express agreement to
15		accept the offer after the disclosure of all material terms
16		and conditions of the offer; and (iii) the alternative gas
17		supplier has confirmed the request for a change in accordance
18		with one of the following procedures:
19		(1) The alternative gas supplier has obtained the
20		customer's written or electronically signed authorization
21		in a form that meets the following requirements:
22		(A) An alternative gas supplier shall obtain any
23		necessary written or electronically signed
24		authorization from a customer for a change in natural
25		gas service by using a letter of agency as specified in
26		this Section. Any letter of agency that does not

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1		conform with this Section is invalid.
2		(B) The letter of agency shall be a separate
3		document (or an easily separable document containing
4		only the authorization language described in item (E)
5		of this paragraph (1)) whose sole purpose is to
6		authorize a natural gas provider change. The letter of
7		agency must be signed and dated by the customer
8		requesting the natural gas provider change.
9		(C) The letter of agency shall not be combined
10		with inducements of any kind on the same document.
11		(D) Notwithstanding items (A) and (B) of this
12		paragraph (1), the letter of agency may be combined
13		with checks that contain only the required letter of
14		agency language prescribed in item (E) of this
15		paragraph (1) and the necessary information to make
16		the check a negotiable instrument. The letter of
17		agency check shall not contain any promotional
18		language or material. The letter of agency check shall
19		contain in easily readable, bold face type on the face
20		of the check, a notice that the consumer is
21		authorizing a natural gas provider change by signing
22		the check. The letter of agency language also shall be
23		placed near the signature line on the back of the
24		check.
25		(E) At a minimum, the letter of agency must be
26		printed with a print of sufficient size to be clearly

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1		legible, and must contain clear and unambiguous
2		language that confirms:
3		(i) the customer's billing name and address;
4		(ii) the decision to change the natural gas
5		provider from the current provider to the
6		prospective alternative gas supplier;
7		(iii) the terms, conditions, and nature of the
8		service to be provided to the customer, including,
9		but not limited to, the rates for the service
10		contracted for by the customer; and
11		(iv) that the customer understands that any
12		natural gas provider selection the customer
13		chooses may involve a charge to the customer for
14		changing the customer's natural gas provider.
15		(F) Letters of agency shall not suggest or require
16		that a customer take some action in order to retain the
17		customer's current natural gas provider.
18		(G) If any portion of a letter of agency is
19		translated into another language, then all portions of
20		the letter of agency must be translated into that
21		language.
22		(2) An appropriately qualified independent third party
23		has obtained, in accordance with the procedures set forth
24		in this paragraph (2), the customer's oral authorization
25		to change natural gas providers that confirms and includes
26		appropriate verification data. The independent third party

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1		must (i) not be owned, managed, controlled, or directed by
2		the alternative gas supplier or the alternative gas
3		supplier's marketing agent; (ii) not have any financial
4		incentive to confirm provider change requests for the
5		alternative gas supplier or the alternative gas supplier's
6		marketing agent; and (iii) operate in a location
7		physically separate from the alternative gas supplier or
8		the alternative gas supplier's marketing agent. Automated
9		third-party verification systems and 3-way conference
10		calls may be used for verification purposes so long as the
11		other requirements of this paragraph (2) are satisfied. An
12		A alternative gas supplier or alternative gas supplier's
13		sales representative initiating a 3-way conference call or
14		a call through an automated verification system must drop
15		off the call once the 3-way connection has been
16		established. All third-party verification methods shall
17		elicit, at a minimum, the following information:
18		(A) the identity of the customer;
19		(B) confirmation that the person on the call is
20		authorized to make the provider change;
21		(C) confirmation that the person on the call wants
22		to make the provider change;
23		(D) the names of the providers affected by the
24		change;
25		(E) the service address of the service to be
26		switched; and

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1		(F) the price of the service to be provided and the
2		material terms and conditions of the service being
3		offered, including whether any early termination fees
4		apply.
5		Third-party verifiers may not market the alternative
6		gas supplier's services. All third-party verifications
7		shall be conducted in the same language that was used in
8		the underlying sales transaction and shall be recorded in
9		their entirety. Submitting alternative gas suppliers shall
10		maintain and preserve audio records of verification of
11		customer authorization for a minimum period of 2 years
12		after obtaining the verification. Automated systems must
13		provide customers with an option to speak with a live
14		person at any time during the call. Each disclosure made
15		during the third-party verification must be made
16		individually to obtain clear acknowledgment of each
17		disclosure. The alternative gas supplier must be in a
18		location where he or she cannot hear the customer while
19		the third-party verification is conducted. The alternative
20		gas supplier shall not contact the customer after the
21		third-party verification for a period of 24 hours unless
22		the customer initiates the contact.
23		(3) The alternative gas supplier has obtained the
24		customer's electronic authorization to change natural gas
25		service via telephone. Such authorization must elicit the
26		information in subparagraphs (A) paragraph (2)(A) through

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1		(F) of paragraph (2) of this subsection (d). Alternative
2		gas suppliers electing to confirm sales electronically
3		shall establish one or more toll-free telephone numbers
4		exclusively for that purpose. Calls to the number or
5		numbers shall connect a customer to a voice response unit,
6		or similar mechanism, that makes a date-stamped,
7		time-stamped recording of the required information
8		regarding the alternative gas supplier change.
9		The alternative gas supplier shall not use such
10		electronic authorization systems to market its services.
11		(4) When a consumer initiates the call to the
12		prospective alternative gas supplier, in order to enroll
13		the consumer as a customer, the prospective alternative
14		gas supplier must, with the consent of the customer, make
15		a date-stamped, time-stamped audio recording that elicits,
16		at a minimum, the following information:
17		(A) the identity of the customer;
18		(B) confirmation that the person on the call is
19		authorized to make the provider change;
20		(C) confirmation that the person on the call wants
21		to make the provider change;
22		(D) the names of the providers affected by the
23		change;
24		(E) the service address of the service to be
25		switched; and
26		(F) the price of the service to be supplied and the

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1		material terms and conditions of the service being
2		offered, including whether any early termination fees
3		apply.
4		Submitting alternative gas suppliers shall maintain
5		and preserve the audio records containing the information
6		set forth above for a minimum period of 2 years.
7		(5) In the event that a customer enrolls for service
8		from an alternative gas supplier via an Internet website,
9		the alternative gas supplier shall obtain an
10		electronically signed letter of agency in accordance with
11		paragraph (1) of this subsection (d) and any customer
12		information shall be protected in accordance with all
13		applicable statutes and rules. In addition, an alternative
14		gas supplier shall provide the following when marketing
15		via an Internet website:
16		(A) The Internet enrollment website shall, at a
17		minimum, include:
18		(i) a copy of the alternative gas supplier's
19		customer contract, which clearly and conspicuously
20		discloses all terms and conditions; and
21		(ii) a conspicuous prompt for the customer to
22		print or save a copy of the contract.
23		(B) Any electronic version of the contract shall
24		be identified by version number, in order to ensure
25		the ability to verify the particular contract to which
26		the customer assents.

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1		(C) Throughout the duration of the alternative gas
2		supplier's contract with a customer, the alternative
3		gas supplier shall retain and, within 3 business days
4		of the customer's request, provide to the customer an
5		e-mail, paper, or facsimile of the terms and
6		conditions of the numbered contract version to which
7		the customer assents.
8		(D) The alternative gas supplier shall provide a
9		mechanism by which both the submission and receipt of
10		the electronic letter of agency are recorded by time
11		and date.
12		(E) After the customer completes the electronic
13		letter of agency, the alternative gas supplier shall
14		disclose conspicuously through its website that the
15		customer has been enrolled and the alternative gas
16		supplier shall provide the customer an enrollment
17		confirmation number.
18		(6) When a customer is solicited in person by the
19		alternative gas supplier's sales agent, the alternative
20		gas supplier may only obtain the customer's authorization
21		to change natural gas service through the method provided
22		for in paragraph (2) of this subsection (d).
23		Alternative gas suppliers must be in compliance with the
24		provisions of this subsection (d) within 90 days after April
25		10, 2009 (the effective date of Public Act 95-1051) this
26		amendatory Act of the 95th General Assembly.

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1		(e) Early Termination.
2		(1) Beginning January 1, 2020, consumers shall have
3		the right to terminate their contract with an alternative
4		gas supplier at any time without any termination fees or
5		penalties.
6		(2) In any agreement that contains an early
7		termination clause, an alternative gas supplier shall
8		provide the customer the opportunity to terminate the
9		agreement without any termination fee or penalty within 10
10		business days after the date of the first bill issued to
11		the customer for products or services provided by the
12		alternative gas supplier. The agreement shall disclose the
13		opportunity and provide a toll-free phone number that the
14		customer may call in order to terminate the agreement.
15		(f) The alternative gas supplier shall provide each
16		customer the opportunity to rescind its agreement without
17		penalty within 10 business days after the date on the gas
18		utility notice to the customer. The alternative gas supplier
19		shall disclose to the customer all of the following:
20		(1) that the gas utility shall send a notice
21		confirming the switch;
22		(2) that from the date the utility issues the notice
23		confirming the switch, the customer shall have 10 business
24		days before the switch will become effective;
25		(3) that the customer may contact the gas utility or
26		the alternative gas supplier to rescind the switch within

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1		10 business days; and
2		(4) the contact information for the gas utility and
3		the alternative gas supplier.
4		The alternative gas supplier disclosure shall be included
5		in its sales solicitations, contracts, and all applicable
6		sales verification scripts.
7		(f-5)(1) Beginning January 1, 2020, an alternative gas
8		supplier shall not sell or offer to sell any products or
9		services to a consumer pursuant to a contract in which the
10		contract automatically renews, unless an alternative gas
11		supplier provides to the consumer at the outset of the offer,
12		in addition to other disclosures required by law, a separate
13		written statement titled "Automatic Contract Renewal" that
14		clearly and conspicuously discloses in bold lettering in at
15		least 12-point font the terms and conditions of the automatic
16		contract renewal provision, including: (i) the estimated bill
17		cycle on which the initial contract term expires and a
18		statement that it could be later based on when the utility
19		accepts the initial enrollment; (ii) the estimated bill cycle
20		on which the new contract term begins and a statement that it
21		will immediately follow the last billing cycle of the current
22		term; (iii) the procedure to terminate the contract before the
23		new contract term applies; and (iv) the cancellation
24		procedure. If the alternative gas supplier sells or offers to
25		sell the products or services to a consumer during an
26		in-person solicitation or telemarketing solicitation, the

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1		disclosures described in this paragraph (1) shall also be made
2		to the consumer verbally during the solicitation. Nothing in
3		this paragraph (1) shall be construed to apply to contracts
4		entered into before January 1, 2020.
5		(2) At least 30 days before, but not more than 60 days
6		prior, to the end of the initial contract term, in any and all
7		contracts that automatically renew after the initial term, the
8		alternative gas supplier shall send, in addition to other
9		disclosures required by law, a separate written notice of the
10		contract renewal to the consumer that clearly and
11		conspicuously discloses the following:
12		(A) a statement printed or visible from the outside of
13		the envelope or in the subject line of the email, if the
14		customer has agreed to receive official documents by
15		email, that states "Contract Renewal Notice";
16		(B) a statement in bold lettering, in at least
17		12-point font, that the contract will automatically renew
18		unless the customer cancels it;
19		(C) the billing cycle in which service under the
20		current term will expire;
21		(D) the billing cycle in which service under the new
22		term will begin;
23		(E) the process and options available to the consumer
24		to reject the new contract terms;
25		(F) the cancellation process if the consumer's
26		contract automatically renews before the consumer rejects

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1		the new contract terms;
2		(G) the terms and conditions of the new contract term;
3		(H) for a fixed rate or flat bill contract, a
4		side-by-side comparison of the current fixed rate or flat
5		bill to the new fixed rate or flat bill; for a variable
6		rate contract or time-of-use product in which the first
7		month's renewal price can be determined, a side-by-side
8		comparison of the current price and the price for the
9		first month of the new variable or time-of-use price; or
10		for a variable or time-of-use contract based on a publicly
11		available index, a side-by-side comparison of the current
12		formula and the new formula; and
13		(I) the phone number and email address to submit a
14		consumer inquiry or complaint to the Illinois Commerce
15		Commission and the Office of the Attorney General.
16		(3) An alternative gas supplier shall not automatically
17		renew a consumer's enrollment after the current term of the
18		contract expires when the current term of the contract
19		provides that the consumer will be charged a fixed rate and the
20		renewed contract provides that the consumer will be charged a
21		variable rate, unless: (i) the alternative gas supplier
22		complies with paragraphs (1) and (2); and (ii) the customer
23		expressly consents to the contract renewal in writing or by
24		electronic signature at least 30 days, but no more than 60
25		days, before the contract expires.
26		(4) An alternative gas supplier shall not submit a change

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1		to a customer's gas service provider in violation of Section
2		19-116 of the Public Utilities Act.
3		(g) The provisions of this Section shall apply only to
4		alternative gas suppliers serving or seeking to serve
5		residential and small commercial customers and only to the
6		extent such alternative gas suppliers provide services to
7		residential and small commercial customers.
8		(Source: P.A. 101-590, eff. 1-1-20; revised 9-4-20.)
9		Section 855. The Automatic Contract Renewal Act is amended
10		by changing Section 5 as follows:
11		(815 ILCS 601/5)
12		Sec. 5. Definitions Definition. In this Act:
13		"Contract" means a written agreement between 2 or more
14		parties.
15		"Parties" includes include individuals and other legal
16		entities, but does do not include the federal government, this
17		State or another state, or a unit of local government.
18		(Source: P.A. 101-412, eff. 8-16-19; revised 9-4-20.)
19		Section 860. The Workplace Transparency Act is amended by
20		changing Section 1-25 as follows:
21		(820 ILCS 96/1-25)
22		Sec. 1-25. Conditions of employment or continued

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1		employment.
2		(a) Any agreement, clause, covenant, or waiver that is a
3		unilateral condition of employment or continued employment and
4		has the purpose or effect of preventing an employee or
5		prospective employee from making truthful statements or
6		disclosures about alleged unlawful employment practices is
7		against public policy, void to the extent it prevents such
8		statements or disclosures, and severable from an otherwise
9		valid and enforceable contract under this Act.
10		(b) Any agreement, clause, covenant, or waiver that is a
11		unilateral condition of employment or continued employment and
12		requires the employee or prospective employee to waive,
13		arbitrate, or otherwise diminish any existing or future claim,
14		right, or benefit related to an unlawful employment practice
15		to which the employee or prospective employee would otherwise
16		be entitled under any provision of State or federal law, is
17		against public policy, void to the extent it denies an
18		employee or prospective employee a substantive or procedural
19		right or remedy related to alleged unlawful employment
20		practices, and severable from an otherwise valid and
21		enforceable contract under this Act.
22		(c) Any agreement, clause, covenant, or waiver that is a
23		mutual condition of employment or continued employment may
24		include provisions that would otherwise be against public
25		policy as a unilateral condition of employment or continued
26		employment, but only if the agreement, clause, covenant, or

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1		waiver is in writing, demonstrates actual, knowing, and
2		bargained-for consideration from both parties, and
3		acknowledges the right of the employee or prospective employee
4		to:
5		(1) report any good faith allegation of unlawful
6		employment practices to any appropriate federal, State, or
7		local government agency enforcing discrimination laws;
8		(2) report any good faith allegation of criminal
9		conduct to any appropriate federal, State, or local
10		official;
11		(3) participate in a proceeding with any appropriate
12		federal, State, or local government agency enforcing
13		discrimination laws;
14		(4) make any truthful statements or disclosures
15		required by law, regulation, or legal process; and
16		(5) request or receive confidential legal advice.
17		(d) Failure to comply with the provisions of subsection
18		(c) shall establish a rebuttable presumption that the
19		agreement, clause, covenant, or waiver is a unilateral
20		condition of employment or continued employment that is
21		governed by subsection subsections (a) or (b).
22		(e) Nothing in this Section shall be construed to prevent
23		an employee or prospective employee and an employer from
24		negotiating and bargaining over the terms, privileges, and
25		conditions of employment.
26		(Source: P.A. 101-221, eff. 1-1-20; revised 9-12-19.)

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1		Section 865. The Workers' Compensation Act is amended by
2		changing Section 4a-5 as follows:
3		(820 ILCS 305/4a-5) (from Ch. 48, par. 138.4a-5)
4		Sec. 4a-5. There is hereby created a Self-Insurers
5		Security Fund. The State Treasurer shall be the ex officio
6		ex-officio custodian of the Self-Insurers Security Fund.
7		Moneys in the Fund shall be deposited in a separate account in
8		the same manner as are State Funds and any interest accruing
9		thereon shall be added thereto every 6 months. It shall be
10		subject to audit the same as State funds and accounts and shall
11		be protected by the general bond given by the State Treasurer.
12		The funds in the Self-Insurers Security Fund shall not be
13		subject to appropriation and shall be made available for the
14		purposes of compensating employees who are eligible to receive
15		benefits from their employers pursuant to the provisions of
16		the Workers' Compensation Act or Workers' Occupational
17		Diseases Act, when, pursuant to this Section, the Board has
18		determined that a private self-insurer has become an insolvent
19		self-insurer and is unable to pay compensation benefits due to
20		financial insolvency. Moneys in the Fund may be used to
21		compensate any type of injury or occupational disease which is
22		compensable under either Act, and all claims for related
23		administrative fees, operating costs of the Board, attorney's
24		fees, and other costs reasonably incurred by the Board. At the

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1		discretion of the Chairman, moneys in the Self-Insurers
2		Security Fund may also be used for paying the salaries and
3		benefits of the Self-Insurers Advisory Board employees and the
4		operating costs of the Board. Payment from the Self-Insurers
5		Security Fund shall be made by the Comptroller only upon the
6		authorization of the Chairman as evidenced by properly
7		certified vouchers of the Commission, upon the direction of
8		the Board.
9		(Source: P.A. 101-40, eff. 1-1-20; revised 8-6-19.)
10		Section 870. The Hotel and Casino Employee Safety Act is
11		amended by changing Sections 5-5, 5-10, and 5-15 as follows:
12		(820 ILCS 325/5-5)
13		(This Section may contain text from a Public Act with a
14		delayed effective date)
15		Sec. 5-5. Definitions. As used in this Act:
16		"Casino" has the meaning ascribed to the term "riverboat"
17		under the Illinois Riverboat Gambling Act.
18		"Casino employer" means any person, business, or
19		organization that holds an owners license pursuant to the
20		Illinois Riverboat Gambling Act that operates a casino and
21		either directly employs or through a subcontractor, including
22		through the services of a temporary staffing agency, exercises
23		direction and control over any natural person who is working
24		on the casino premises.

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1		"Complaining employee" means an employee who has alleged
2		an instance of sexual assault or sexual harassment by a guest.
3		"Employee" means any natural person who works full-time or
4		part-time for a hotel employer or casino employer for or under
5		the direction of the hotel employer or casino employer or any
6		subcontractor of the hotel employer or casino employer for
7		wages or salary or remuneration of any type under a contract or
8		subcontract of employment.
9		"Guest" means any invitee to a hotel or casino, including
10		a registered guest, person occupying a guest room with a
11		registered guest or other occupant of a guest room, person
12		patronizing food or beverage facilities provided by the hotel
13		or casino, or any other person whose presence at the hotel or
14		casino is permitted by the hotel or casino. "Guest" does not
15		include an employee.
16		"Guest room" means any room made available by a hotel for
17		overnight occupancy by guests.
18		"Hotel" means any building or buildings maintained,
19		advertised, and held out to the public to be a place where
20		lodging is offered for consideration to travelers and guests.
21		"Hotel" includes an inn, motel, tourist home or court, and
22		lodging house.
23		"Hotel employer" means any person, business entity, or
24		organization that operates a hotel and either directly employs
25		or through a subcontractor, including through the services of
26		a temporary staffing agency, exercises direction and control

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1		over any natural person who is working on the hotel premises
2		and employed in furtherance of the hotel's provision of
3		lodging to travelers and guests.
4		"Notification device" or "safety device" means a portable
5		emergency contact device, supplied by the hotel employer or
6		casino employer, that utilizes technology that the hotel
7		employer or casino employer deems appropriate for the hotel's
8		or casino's size, physical layout, and technological
9		capabilities and that is designed so that an employee can
10		quickly and easily activate the device to alert a hotel or
11		casino security officer, manager, or other appropriate hotel
12		or casino staff member designated by the hotel or casino and
13		effectively summon to the employee's location prompt
14		assistance by a hotel or casino security officer, manager, or
15		other appropriate hotel or casino staff member designated by
16		the hotel or casino.
17		"Offending guest" means a guest a complaining employee has
18		alleged sexually assaulted or sexually harassed the
19		complaining employee.
20		"Restroom" means any room equipped with toilets or
21		urinals.
22		"Sexual assault" means: (1) an act of sexual conduct, as
23		defined in Section 11-0.1 of the Criminal Code of 2012; or (2)
24		any act of sexual penetration, as defined in Section 11-0.1 of
25		the Criminal Code of 2012 and includes, without limitation,
26		acts prohibited under Sections 11-1.20 through 11-1.60 of the

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1		Criminal Code of 2012.
2		"Sexual harassment" means any harassment or discrimination
3		on the basis of an individual's actual or perceived sex or
4		gender, including unwelcome sexual advances, requests for
5		sexual favors, or other verbal or physical conduct of a sexual
6		nature.
7		(Source: P.A. 101-221, eff. 3-1-21 (See Section 50 of P.A.
8		101-639 for effective date of P.A. 101-221); revised 6-16-20.)
9		(820 ILCS 325/5-10)
10		(This Section may contain text from a Public Act with a
11		delayed effective date)
12		Sec. 5-10. Hotels and casinos; safety devices; anti-sexual
13		harassment policies.
14		(a) Each hotel and casino shall equip an employee who is
15		assigned to work in a guest room, restroom, or casino floor,
16		under circumstances where no other employee is present in the
17		room or area, with a safety device or notification device. The
18		employee may use the safety device or notification device to
19		summon help if the employee reasonably believes that an
20		ongoing crime, sexual harassment, sexual assault, or other
21		emergency is occurring in the employee's presence. The safety
22		device or notification device shall be provided by the hotel
23		or casino at no cost to the employee.
24		(b) Each hotel employer and casino employer shall develop,
25		maintain, and comply with a written anti-sexual harassment

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1		policy to protect employees against sexual assault and sexual
2		harassment by guests. This policy shall:
3		(1) encourage an employee to immediately report to the
4		hotel employer or casino employer any instance of alleged
5		sexual assault or sexual harassment by a guest;
6		(2) describe the procedures that the complaining
7		employee and hotel employer or casino employer shall
8		follow in cases under paragraph (1);
9		(3) instruct the complaining employee to cease work
10		and to leave the immediate area where danger is perceived
11		until hotel or casino security personnel or police arrive
12		to provide assistance;
13		(4) offer temporary work assignments to the
14		complaining employee during the duration of the offending
15		guest's stay at the hotel or casino, which may include
16		assigning the complaining employee to work on a different
17		floor or at a different station or work area away from the
18		offending guest;
19		(5) provide the complaining employee with necessary
20		paid time off to:
21		(A) file a police report or criminal complaint
22		with the appropriate local authorities against the
23		offending guest; and
24		(B) if so required, testify as a witness at any
25		legal proceeding that may ensue as a result of the
26		criminal complaint filed against the offending guest,

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1		if the complaining employee is still in the employ of
2		the hotel or casino at the time the legal proceeding
3		occurs;
4		(6) inform the complaining employee that the Illinois
5		Human Rights Act and Title VII of the Civil Rights Act of
6		1964 provide additional protections against sexual
7		harassment in the workplace; and
8		(7) inform the complaining employee that Section 5-15
9		15 makes it illegal for an employer to retaliate against
10		any employee who: reasonably uses a safety device or
11		notification device; in good faith avails himself or
12		herself of the requirements set forth in paragraph (3),
13		(4), or (5); or discloses, reports, or testifies about any
14		violation of this Act or rules adopted under this Act.
15		Each hotel employer and casino employer shall provide all
16		employees with a current copy in English and Spanish of the
17		hotel employer's or casino employer's anti-sexual harassment
18		policy and post the policy in English and Spanish in
19		conspicuous places in areas of the hotel or casino, such as
20		supply rooms or employee lunch rooms, where employees can
21		reasonably be expected to see it. Each hotel employer and
22		casino employer shall also make all reasonable efforts to
23		provide employees with a current copy of its written
24		anti-sexual harassment policy in any language other than
25		English and Spanish that, in its sole discretion, is spoken by
26		a predominant portion of its employees.

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1		(Source: P.A. 101-221, eff. 3-1-21 (See Section 50 of P.A.
2		101-639 for effective date of P.A. 101-221); revised 6-16-20.)
3		(820 ILCS 325/5-15)
4		(This Section may contain text from a Public Act with a
5		delayed effective date)
6		Sec. 5-15. Retaliation prohibited. It is unlawful for a
7		hotel employer or casino employer to retaliate against an
8		employee for:
9		(1) reasonably using a safety device or notification
10		device;
11		(2) availing himself or herself of the provisions of
12		paragraph (3), (4), or (5) of subsection (b) of Section
13		5-10 10; or
14		(3) disclosing, reporting, or testifying about any
15		violation of this Act or any rule adopted under this Act.
16		(Source: P.A. 101-221, eff. 3-1-21 (See Section 50 of P.A.
17		101-639 for effective date of P.A. 101-221); revised 6-16-20.)
18		Section 875. The Illinois Income Tax Act is amended by
19		changing Sections 201, 208, 502, and 901 as follows:
20		(35 ILCS 5/201)
21		(Text of Section without the changes made by P.A. 101-8,
22		which did not take effect (see Section 99 of P.A. 101-8))
23		Sec. 201. Tax imposed.

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1		(a) In general. A tax measured by net income is hereby
2		imposed on every individual, corporation, trust and estate for
3		each taxable year ending after July 31, 1969 on the privilege
4		of earning or receiving income in or as a resident of this
5		State. Such tax shall be in addition to all other occupation or
6		privilege taxes imposed by this State or by any municipal
7		corporation or political subdivision thereof.
8		(b) Rates. The tax imposed by subsection (a) of this
9		Section shall be determined as follows, except as adjusted by
10		subsection (d-1):
11		(1) In the case of an individual, trust or estate, for
12		taxable years ending prior to July 1, 1989, an amount
13		equal to 2 1/2% of the taxpayer's net income for the
14		taxable year.
15		(2) In the case of an individual, trust or estate, for
16		taxable years beginning prior to July 1, 1989 and ending
17		after June 30, 1989, an amount equal to the sum of (i) 2
18		1/2% of the taxpayer's net income for the period prior to
19		July 1, 1989, as calculated under Section 202.3, and (ii)
20		3% of the taxpayer's net income for the period after June
21		30, 1989, as calculated under Section 202.3.
22		(3) In the case of an individual, trust or estate, for
23		taxable years beginning after June 30, 1989, and ending
24		prior to January 1, 2011, an amount equal to 3% of the
25		taxpayer's net income for the taxable year.
26		(4) In the case of an individual, trust, or estate,

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1		for taxable years beginning prior to January 1, 2011, and
2		ending after December 31, 2010, an amount equal to the sum
3		of (i) 3% of the taxpayer's net income for the period prior
4		to January 1, 2011, as calculated under Section 202.5, and
5		(ii) 5% of the taxpayer's net income for the period after
6		December 31, 2010, as calculated under Section 202.5.
7		(5) In the case of an individual, trust, or estate,
8		for taxable years beginning on or after January 1, 2011,
9		and ending prior to January 1, 2015, an amount equal to 5%
10		of the taxpayer's net income for the taxable year.
11		(5.1) In the case of an individual, trust, or estate,
12		for taxable years beginning prior to January 1, 2015, and
13		ending after December 31, 2014, an amount equal to the sum
14		of (i) 5% of the taxpayer's net income for the period prior
15		to January 1, 2015, as calculated under Section 202.5, and
16		(ii) 3.75% of the taxpayer's net income for the period
17		after December 31, 2014, as calculated under Section
18		202.5.
19		(5.2) In the case of an individual, trust, or estate,
20		for taxable years beginning on or after January 1, 2015,
21		and ending prior to July 1, 2017, an amount equal to 3.75%
22		of the taxpayer's net income for the taxable year.
23		(5.3) In the case of an individual, trust, or estate,
24		for taxable years beginning prior to July 1, 2017, and
25		ending after June 30, 2017, an amount equal to the sum of
26		(i) 3.75% of the taxpayer's net income for the period

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1		prior to July 1, 2017, as calculated under Section 202.5,
2		and (ii) 4.95% of the taxpayer's net income for the period
3		after June 30, 2017, as calculated under Section 202.5.
4		(5.4) In the case of an individual, trust, or estate,
5		for taxable years beginning on or after July 1, 2017, an
6		amount equal to 4.95% of the taxpayer's net income for the
7		taxable year.
8		(6) In the case of a corporation, for taxable years
9		ending prior to July 1, 1989, an amount equal to 4% of the
10		taxpayer's net income for the taxable year.
11		(7) In the case of a corporation, for taxable years
12		beginning prior to July 1, 1989 and ending after June 30,
13		1989, an amount equal to the sum of (i) 4% of the
14		taxpayer's net income for the period prior to July 1,
15		1989, as calculated under Section 202.3, and (ii) 4.8% of
16		the taxpayer's net income for the period after June 30,
17		1989, as calculated under Section 202.3.
18		(8) In the case of a corporation, for taxable years
19		beginning after June 30, 1989, and ending prior to January
20		1, 2011, an amount equal to 4.8% of the taxpayer's net
21		income for the taxable year.
22		(9) In the case of a corporation, for taxable years
23		beginning prior to January 1, 2011, and ending after
24		December 31, 2010, an amount equal to the sum of (i) 4.8%
25		of the taxpayer's net income for the period prior to
26		January 1, 2011, as calculated under Section 202.5, and

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1		(ii) 7% of the taxpayer's net income for the period after
2		December 31, 2010, as calculated under Section 202.5.
3		(10) In the case of a corporation, for taxable years
4		beginning on or after January 1, 2011, and ending prior to
5		January 1, 2015, an amount equal to 7% of the taxpayer's
6		net income for the taxable year.
7		(11) In the case of a corporation, for taxable years
8		beginning prior to January 1, 2015, and ending after
9		December 31, 2014, an amount equal to the sum of (i) 7% of
10		the taxpayer's net income for the period prior to January
11		1, 2015, as calculated under Section 202.5, and (ii) 5.25%
12		of the taxpayer's net income for the period after December
13		31, 2014, as calculated under Section 202.5.
14		(12) In the case of a corporation, for taxable years
15		beginning on or after January 1, 2015, and ending prior to
16		July 1, 2017, an amount equal to 5.25% of the taxpayer's
17		net income for the taxable year.
18		(13) In the case of a corporation, for taxable years
19		beginning prior to July 1, 2017, and ending after June 30,
20		2017, an amount equal to the sum of (i) 5.25% of the
21		taxpayer's net income for the period prior to July 1,
22		2017, as calculated under Section 202.5, and (ii) 7% of
23		the taxpayer's net income for the period after June 30,
24		2017, as calculated under Section 202.5.
25		(14) In the case of a corporation, for taxable years
26		beginning on or after July 1, 2017, an amount equal to 7%

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1		of the taxpayer's net income for the taxable year.
2		The rates under this subsection (b) are subject to the
3		provisions of Section 201.5.
4		(b-5) Surcharge; sale or exchange of assets, properties,
5		and intangibles of organization gaming licensees. For each of
6		taxable years 2019 through 2027, a surcharge is imposed on all
7		taxpayers on income arising from the sale or exchange of
8		capital assets, depreciable business property, real property
9		used in the trade or business, and Section 197 intangibles (i)
10		of an organization licensee under the Illinois Horse Racing
11		Act of 1975 and (ii) of an organization gaming licensee under
12		the Illinois Gambling Act. The amount of the surcharge is
13		equal to the amount of federal income tax liability for the
14		taxable year attributable to those sales and exchanges. The
15		surcharge imposed shall not apply if:
16		(1) the organization gaming license, organization
17		license, or racetrack property is transferred as a result
18		of any of the following:
19		(A) bankruptcy, a receivership, or a debt
20		adjustment initiated by or against the initial
21		licensee or the substantial owners of the initial
22		licensee;
23		(B) cancellation, revocation, or termination of
24		any such license by the Illinois Gaming Board or the
25		Illinois Racing Board;
26		(C) a determination by the Illinois Gaming Board

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1		that transfer of the license is in the best interests
2		of Illinois gaming;
3		(D) the death of an owner of the equity interest in
4		a licensee;
5		(E) the acquisition of a controlling interest in
6		the stock or substantially all of the assets of a
7		publicly traded company;
8		(F) a transfer by a parent company to a wholly
9		owned subsidiary; or
10		(G) the transfer or sale to or by one person to
11		another person where both persons were initial owners
12		of the license when the license was issued; or
13		(2) the controlling interest in the organization
14		gaming license, organization license, or racetrack
15		property is transferred in a transaction to lineal
16		descendants in which no gain or loss is recognized or as a
17		result of a transaction in accordance with Section 351 of
18		the Internal Revenue Code in which no gain or loss is
19		recognized; or
20		(3) live horse racing was not conducted in 2010 at a
21		racetrack located within 3 miles of the Mississippi River
22		under a license issued pursuant to the Illinois Horse
23		Racing Act of 1975.
24		The transfer of an organization gaming license,
25		organization license, or racetrack property by a person other
26		than the initial licensee to receive the organization gaming

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1		license is not subject to a surcharge. The Department shall
2		adopt rules necessary to implement and administer this
3		subsection.
4		(c) Personal Property Tax Replacement Income Tax.
5		Beginning on July 1, 1979 and thereafter, in addition to such
6		income tax, there is also hereby imposed the Personal Property
7		Tax Replacement Income Tax measured by net income on every
8		corporation (including Subchapter S corporations), partnership
9		and trust, for each taxable year ending after June 30, 1979.
10		Such taxes are imposed on the privilege of earning or
11		receiving income in or as a resident of this State. The
12		Personal Property Tax Replacement Income Tax shall be in
13		addition to the income tax imposed by subsections (a) and (b)
14		of this Section and in addition to all other occupation or
15		privilege taxes imposed by this State or by any municipal
16		corporation or political subdivision thereof.
17		(d) Additional Personal Property Tax Replacement Income
18		Tax Rates. The personal property tax replacement income tax
19		imposed by this subsection and subsection (c) of this Section
20		in the case of a corporation, other than a Subchapter S
21		corporation and except as adjusted by subsection (d-1), shall
22		be an additional amount equal to 2.85% of such taxpayer's net
23		income for the taxable year, except that beginning on January
24		1, 1981, and thereafter, the rate of 2.85% specified in this
25		subsection shall be reduced to 2.5%, and in the case of a
26		partnership, trust or a Subchapter S corporation shall be an

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1		additional amount equal to 1.5% of such taxpayer's net income
2		for the taxable year.
3		(d-1) Rate reduction for certain foreign insurers. In the
4		case of a foreign insurer, as defined by Section 35A-5 of the
5		Illinois Insurance Code, whose state or country of domicile
6		imposes on insurers domiciled in Illinois a retaliatory tax
7		(excluding any insurer whose premiums from reinsurance assumed
8		are 50% or more of its total insurance premiums as determined
9		under paragraph (2) of subsection (b) of Section 304, except
10		that for purposes of this determination premiums from
11		reinsurance do not include premiums from inter-affiliate
12		reinsurance arrangements), beginning with taxable years ending
13		on or after December 31, 1999, the sum of the rates of tax
14		imposed by subsections (b) and (d) shall be reduced (but not
15		increased) to the rate at which the total amount of tax imposed
16		under this Act, net of all credits allowed under this Act,
17		shall equal (i) the total amount of tax that would be imposed
18		on the foreign insurer's net income allocable to Illinois for
19		the taxable year by such foreign insurer's state or country of
20		domicile if that net income were subject to all income taxes
21		and taxes measured by net income imposed by such foreign
22		insurer's state or country of domicile, net of all credits
23		allowed or (ii) a rate of zero if no such tax is imposed on
24		such income by the foreign insurer's state of domicile. For
25		the purposes of this subsection (d-1), an inter-affiliate
26		includes a mutual insurer under common management.

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1		(1) For the purposes of subsection (d-1), in no event
2		shall the sum of the rates of tax imposed by subsections
3		(b) and (d) be reduced below the rate at which the sum of:
4		(A) the total amount of tax imposed on such
5		foreign insurer under this Act for a taxable year, net
6		of all credits allowed under this Act, plus
7		(B) the privilege tax imposed by Section 409 of
8		the Illinois Insurance Code, the fire insurance
9		company tax imposed by Section 12 of the Fire
10		Investigation Act, and the fire department taxes
11		imposed under Section 11-10-1 of the Illinois
12		Municipal Code,
13		equals 1.25% for taxable years ending prior to December
14		31, 2003, or 1.75% for taxable years ending on or after
15		December 31, 2003, of the net taxable premiums written for
16		the taxable year, as described by subsection (1) of
17		Section 409 of the Illinois Insurance Code. This paragraph
18		will in no event increase the rates imposed under
19		subsections (b) and (d).
20		(2) Any reduction in the rates of tax imposed by this
21		subsection shall be applied first against the rates
22		imposed by subsection (b) and only after the tax imposed
23		by subsection (a) net of all credits allowed under this
24		Section other than the credit allowed under subsection (i)
25		has been reduced to zero, against the rates imposed by
26		subsection (d).

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1		This subsection (d-1) is exempt from the provisions of
2		Section 250.
3		(e) Investment credit. A taxpayer shall be allowed a
4		credit against the Personal Property Tax Replacement Income
5		Tax for investment in qualified property.
6		(1) A taxpayer shall be allowed a credit equal to .5%
7		of the basis of qualified property placed in service
8		during the taxable year, provided such property is placed
9		in service on or after July 1, 1984. There shall be allowed
10		an additional credit equal to .5% of the basis of
11		qualified property placed in service during the taxable
12		year, provided such property is placed in service on or
13		after July 1, 1986, and the taxpayer's base employment
14		within Illinois has increased by 1% or more over the
15		preceding year as determined by the taxpayer's employment
16		records filed with the Illinois Department of Employment
17		Security. Taxpayers who are new to Illinois shall be
18		deemed to have met the 1% growth in base employment for the
19		first year in which they file employment records with the
20		Illinois Department of Employment Security. The provisions
21		added to this Section by Public Act 85-1200 (and restored
22		by Public Act 87-895) shall be construed as declaratory of
23		existing law and not as a new enactment. If, in any year,
24		the increase in base employment within Illinois over the
25		preceding year is less than 1%, the additional credit
26		shall be limited to that percentage times a fraction, the

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1		numerator of which is .5% and the denominator of which is
2		1%, but shall not exceed .5%. The investment credit shall
3		not be allowed to the extent that it would reduce a
4		taxpayer's liability in any tax year below zero, nor may
5		any credit for qualified property be allowed for any year
6		other than the year in which the property was placed in
7		service in Illinois. For tax years ending on or after
8		December 31, 1987, and on or before December 31, 1988, the
9		credit shall be allowed for the tax year in which the
10		property is placed in service, or, if the amount of the
11		credit exceeds the tax liability for that year, whether it
12		exceeds the original liability or the liability as later
13		amended, such excess may be carried forward and applied to
14		the tax liability of the 5 taxable years following the
15		excess credit years if the taxpayer (i) makes investments
16		which cause the creation of a minimum of 2,000 full-time
17		equivalent jobs in Illinois, (ii) is located in an
18		enterprise zone established pursuant to the Illinois
19		Enterprise Zone Act and (iii) is certified by the
20		Department of Commerce and Community Affairs (now
21		Department of Commerce and Economic Opportunity) as
22		complying with the requirements specified in clause (i)
23		and (ii) by July 1, 1986. The Department of Commerce and
24		Community Affairs (now Department of Commerce and Economic
25		Opportunity) shall notify the Department of Revenue of all
26		such certifications immediately. For tax years ending

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1		after December 31, 1988, the credit shall be allowed for
2		the tax year in which the property is placed in service,
3		or, if the amount of the credit exceeds the tax liability
4		for that year, whether it exceeds the original liability
5		or the liability as later amended, such excess may be
6		carried forward and applied to the tax liability of the 5
7		taxable years following the excess credit years. The
8		credit shall be applied to the earliest year for which
9		there is a liability. If there is credit from more than one
10		tax year that is available to offset a liability, earlier
11		credit shall be applied first.
12		(2) The term "qualified property" means property
13		which:
14		(A) is tangible, whether new or used, including
15		buildings and structural components of buildings and
16		signs that are real property, but not including land
17		or improvements to real property that are not a
18		structural component of a building such as
19		landscaping, sewer lines, local access roads, fencing,
20		parking lots, and other appurtenances;
21		(B) is depreciable pursuant to Section 167 of the
22		Internal Revenue Code, except that "3-year property"
23		as defined in Section 168(c)(2)(A) of that Code is not
24		eligible for the credit provided by this subsection
25		(e);
26		(C) is acquired by purchase as defined in Section

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1		179(d) of the Internal Revenue Code;
2		(D) is used in Illinois by a taxpayer who is
3		primarily engaged in manufacturing, or in mining coal
4		or fluorite, or in retailing, or was placed in service
5		on or after July 1, 2006 in a River Edge Redevelopment
6		Zone established pursuant to the River Edge
7		Redevelopment Zone Act; and
8		(E) has not previously been used in Illinois in
9		such a manner and by such a person as would qualify for
10		the credit provided by this subsection (e) or
11		subsection (f).
12		(3) For purposes of this subsection (e),
13		"manufacturing" means the material staging and production
14		of tangible personal property by procedures commonly
15		regarded as manufacturing, processing, fabrication, or
16		assembling which changes some existing material into new
17		shapes, new qualities, or new combinations. For purposes
18		of this subsection (e) the term "mining" shall have the
19		same meaning as the term "mining" in Section 613(c) of the
20		Internal Revenue Code. For purposes of this subsection
21		(e), the term "retailing" means the sale of tangible
22		personal property for use or consumption and not for
23		resale, or services rendered in conjunction with the sale
24		of tangible personal property for use or consumption and
25		not for resale. For purposes of this subsection (e),
26		"tangible personal property" has the same meaning as when

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1		that term is used in the Retailers' Occupation Tax Act,
2		and, for taxable years ending after December 31, 2008,
3		does not include the generation, transmission, or
4		distribution of electricity.
5		(4) The basis of qualified property shall be the basis
6		used to compute the depreciation deduction for federal
7		income tax purposes.
8		(5) If the basis of the property for federal income
9		tax depreciation purposes is increased after it has been
10		placed in service in Illinois by the taxpayer, the amount
11		of such increase shall be deemed property placed in
12		service on the date of such increase in basis.
13		(6) The term "placed in service" shall have the same
14		meaning as under Section 46 of the Internal Revenue Code.
15		(7) If during any taxable year, any property ceases to
16		be qualified property in the hands of the taxpayer within
17		48 months after being placed in service, or the situs of
18		any qualified property is moved outside Illinois within 48
19		months after being placed in service, the Personal
20		Property Tax Replacement Income Tax for such taxable year
21		shall be increased. Such increase shall be determined by
22		(i) recomputing the investment credit which would have
23		been allowed for the year in which credit for such
24		property was originally allowed by eliminating such
25		property from such computation and, (ii) subtracting such
26		recomputed credit from the amount of credit previously

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1		allowed. For the purposes of this paragraph (7), a
2		reduction of the basis of qualified property resulting
3		from a redetermination of the purchase price shall be
4		deemed a disposition of qualified property to the extent
5		of such reduction.
6		(8) Unless the investment credit is extended by law,
7		the basis of qualified property shall not include costs
8		incurred after December 31, 2018, except for costs
9		incurred pursuant to a binding contract entered into on or
10		before December 31, 2018.
11		(9) Each taxable year ending before December 31, 2000,
12		a partnership may elect to pass through to its partners
13		the credits to which the partnership is entitled under
14		this subsection (e) for the taxable year. A partner may
15		use the credit allocated to him or her under this
16		paragraph only against the tax imposed in subsections (c)
17		and (d) of this Section. If the partnership makes that
18		election, those credits shall be allocated among the
19		partners in the partnership in accordance with the rules
20		set forth in Section 704(b) of the Internal Revenue Code,
21		and the rules promulgated under that Section, and the
22		allocated amount of the credits shall be allowed to the
23		partners for that taxable year. The partnership shall make
24		this election on its Personal Property Tax Replacement
25		Income Tax return for that taxable year. The election to
26		pass through the credits shall be irrevocable.

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1		For taxable years ending on or after December 31,
2		2000, a partner that qualifies its partnership for a
3		subtraction under subparagraph (I) of paragraph (2) of
4		subsection (d) of Section 203 or a shareholder that
5		qualifies a Subchapter S corporation for a subtraction
6		under subparagraph (S) of paragraph (2) of subsection (b)
7		of Section 203 shall be allowed a credit under this
8		subsection (e) equal to its share of the credit earned
9		under this subsection (e) during the taxable year by the
10		partnership or Subchapter S corporation, determined in
11		accordance with the determination of income and
12		distributive share of income under Sections 702 and 704
13		and Subchapter S of the Internal Revenue Code. This
14		paragraph is exempt from the provisions of Section 250.
15		(f) Investment credit; Enterprise Zone; River Edge
16		Redevelopment Zone.
17		(1) A taxpayer shall be allowed a credit against the
18		tax imposed by subsections (a) and (b) of this Section for
19		investment in qualified property which is placed in
20		service in an Enterprise Zone created pursuant to the
21		Illinois Enterprise Zone Act or, for property placed in
22		service on or after July 1, 2006, a River Edge
23		Redevelopment Zone established pursuant to the River Edge
24		Redevelopment Zone Act. For partners, shareholders of
25		Subchapter S corporations, and owners of limited liability
26		companies, if the liability company is treated as a

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1		partnership for purposes of federal and State income
2		taxation, there shall be allowed a credit under this
3		subsection (f) to be determined in accordance with the
4		determination of income and distributive share of income
5		under Sections 702 and 704 and Subchapter S of the
6		Internal Revenue Code. The credit shall be .5% of the
7		basis for such property. The credit shall be available
8		only in the taxable year in which the property is placed in
9		service in the Enterprise Zone or River Edge Redevelopment
10		Zone and shall not be allowed to the extent that it would
11		reduce a taxpayer's liability for the tax imposed by
12		subsections (a) and (b) of this Section to below zero. For
13		tax years ending on or after December 31, 1985, the credit
14		shall be allowed for the tax year in which the property is
15		placed in service, or, if the amount of the credit exceeds
16		the tax liability for that year, whether it exceeds the
17		original liability or the liability as later amended, such
18		excess may be carried forward and applied to the tax
19		liability of the 5 taxable years following the excess
20		credit year. The credit shall be applied to the earliest
21		year for which there is a liability. If there is credit
22		from more than one tax year that is available to offset a
23		liability, the credit accruing first in time shall be
24		applied first.
25		(2) The term qualified property means property which:
26		(A) is tangible, whether new or used, including

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1		buildings and structural components of buildings;
2		(B) is depreciable pursuant to Section 167 of the
3		Internal Revenue Code, except that "3-year property"
4		as defined in Section 168(c)(2)(A) of that Code is not
5		eligible for the credit provided by this subsection
6		(f);
7		(C) is acquired by purchase as defined in Section
8		179(d) of the Internal Revenue Code;
9		(D) is used in the Enterprise Zone or River Edge
10		Redevelopment Zone by the taxpayer; and
11		(E) has not been previously used in Illinois in
12		such a manner and by such a person as would qualify for
13		the credit provided by this subsection (f) or
14		subsection (e).
15		(3) The basis of qualified property shall be the basis
16		used to compute the depreciation deduction for federal
17		income tax purposes.
18		(4) If the basis of the property for federal income
19		tax depreciation purposes is increased after it has been
20		placed in service in the Enterprise Zone or River Edge
21		Redevelopment Zone by the taxpayer, the amount of such
22		increase shall be deemed property placed in service on the
23		date of such increase in basis.
24		(5) The term "placed in service" shall have the same
25		meaning as under Section 46 of the Internal Revenue Code.
26		(6) If during any taxable year, any property ceases to

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1		be qualified property in the hands of the taxpayer within
2		48 months after being placed in service, or the situs of
3		any qualified property is moved outside the Enterprise
4		Zone or River Edge Redevelopment Zone within 48 months
5		after being placed in service, the tax imposed under
6		subsections (a) and (b) of this Section for such taxable
7		year shall be increased. Such increase shall be determined
8		by (i) recomputing the investment credit which would have
9		been allowed for the year in which credit for such
10		property was originally allowed by eliminating such
11		property from such computation, and (ii) subtracting such
12		recomputed credit from the amount of credit previously
13		allowed. For the purposes of this paragraph (6), a
14		reduction of the basis of qualified property resulting
15		from a redetermination of the purchase price shall be
16		deemed a disposition of qualified property to the extent
17		of such reduction.
18		(7) There shall be allowed an additional credit equal
19		to 0.5% of the basis of qualified property placed in
20		service during the taxable year in a River Edge
21		Redevelopment Zone, provided such property is placed in
22		service on or after July 1, 2006, and the taxpayer's base
23		employment within Illinois has increased by 1% or more
24		over the preceding year as determined by the taxpayer's
25		employment records filed with the Illinois Department of
26		Employment Security. Taxpayers who are new to Illinois

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1		shall be deemed to have met the 1% growth in base
2		employment for the first year in which they file
3		employment records with the Illinois Department of
4		Employment Security. If, in any year, the increase in base
5		employment within Illinois over the preceding year is less
6		than 1%, the additional credit shall be limited to that
7		percentage times a fraction, the numerator of which is
8		0.5% and the denominator of which is 1%, but shall not
9		exceed 0.5%.
10		(8) For taxable years beginning on or after January 1,
11		2021, there shall be allowed an Enterprise Zone
12		construction jobs credit against the taxes imposed under
13		subsections (a) and (b) of this Section as provided in
14		Section 13 of the Illinois Enterprise Zone Act.
15		The credit or credits may not reduce the taxpayer's
16		liability to less than zero. If the amount of the credit or
17		credits exceeds the taxpayer's liability, the excess may
18		be carried forward and applied against the taxpayer's
19		liability in succeeding calendar years in the same manner
20		provided under paragraph (4) of Section 211 of this Act.
21		The credit or credits shall be applied to the earliest
22		year for which there is a tax liability. If there are
23		credits from more than one taxable year that are available
24		to offset a liability, the earlier credit shall be applied
25		first.
26		For partners, shareholders of Subchapter S

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1		corporations, and owners of limited liability companies,
2		if the liability company is treated as a partnership for
3		the purposes of federal and State income taxation, there
4		shall be allowed a credit under this Section to be
5		determined in accordance with the determination of income
6		and distributive share of income under Sections 702 and
7		704 and Subchapter S of the Internal Revenue Code.
8		The total aggregate amount of credits awarded under
9		the Blue Collar Jobs Act (Article 20 of Public Act 101-9
10		this amendatory Act of the 101st General Assembly) shall
11		not exceed $20,000,000 in any State fiscal year.
12		This paragraph (8) is exempt from the provisions of
13		Section 250.
14		(g) (Blank).
15		(h) Investment credit; High Impact Business.
16		(1) Subject to subsections (b) and (b-5) of Section
17		5.5 of the Illinois Enterprise Zone Act, a taxpayer shall
18		be allowed a credit against the tax imposed by subsections
19		(a) and (b) of this Section for investment in qualified
20		property which is placed in service by a Department of
21		Commerce and Economic Opportunity designated High Impact
22		Business. The credit shall be .5% of the basis for such
23		property. The credit shall not be available (i) until the
24		minimum investments in qualified property set forth in
25		subdivision (a)(3)(A) of Section 5.5 of the Illinois
26		Enterprise Zone Act have been satisfied or (ii) until the

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1		time authorized in subsection (b-5) of the Illinois
2		Enterprise Zone Act for entities designated as High Impact
3		Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
4		(a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
5		Act, and shall not be allowed to the extent that it would
6		reduce a taxpayer's liability for the tax imposed by
7		subsections (a) and (b) of this Section to below zero. The
8		credit applicable to such investments shall be taken in
9		the taxable year in which such investments have been
10		completed. The credit for additional investments beyond
11		the minimum investment by a designated high impact
12		business authorized under subdivision (a)(3)(A) of Section
13		5.5 of the Illinois Enterprise Zone Act shall be available
14		only in the taxable year in which the property is placed in
15		service and shall not be allowed to the extent that it
16		would reduce a taxpayer's liability for the tax imposed by
17		subsections (a) and (b) of this Section to below zero. For
18		tax years ending on or after December 31, 1987, the credit
19		shall be allowed for the tax year in which the property is
20		placed in service, or, if the amount of the credit exceeds
21		the tax liability for that year, whether it exceeds the
22		original liability or the liability as later amended, such
23		excess may be carried forward and applied to the tax
24		liability of the 5 taxable years following the excess
25		credit year. The credit shall be applied to the earliest
26		year for which there is a liability. If there is credit

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1		from more than one tax year that is available to offset a
2		liability, the credit accruing first in time shall be
3		applied first.
4		Changes made in this subdivision (h)(1) by Public Act
5		88-670 restore changes made by Public Act 85-1182 and
6		reflect existing law.
7		(2) The term qualified property means property which:
8		(A) is tangible, whether new or used, including
9		buildings and structural components of buildings;
10		(B) is depreciable pursuant to Section 167 of the
11		Internal Revenue Code, except that "3-year property"
12		as defined in Section 168(c)(2)(A) of that Code is not
13		eligible for the credit provided by this subsection
14		(h);
15		(C) is acquired by purchase as defined in Section
16		179(d) of the Internal Revenue Code; and
17		(D) is not eligible for the Enterprise Zone
18		Investment Credit provided by subsection (f) of this
19		Section.
20		(3) The basis of qualified property shall be the basis
21		used to compute the depreciation deduction for federal
22		income tax purposes.
23		(4) If the basis of the property for federal income
24		tax depreciation purposes is increased after it has been
25		placed in service in a federally designated Foreign Trade
26		Zone or Sub-Zone located in Illinois by the taxpayer, the

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1		amount of such increase shall be deemed property placed in
2		service on the date of such increase in basis.
3		(5) The term "placed in service" shall have the same
4		meaning as under Section 46 of the Internal Revenue Code.
5		(6) If during any taxable year ending on or before
6		December 31, 1996, any property ceases to be qualified
7		property in the hands of the taxpayer within 48 months
8		after being placed in service, or the situs of any
9		qualified property is moved outside Illinois within 48
10		months after being placed in service, the tax imposed
11		under subsections (a) and (b) of this Section for such
12		taxable year shall be increased. Such increase shall be
13		determined by (i) recomputing the investment credit which
14		would have been allowed for the year in which credit for
15		such property was originally allowed by eliminating such
16		property from such computation, and (ii) subtracting such
17		recomputed credit from the amount of credit previously
18		allowed. For the purposes of this paragraph (6), a
19		reduction of the basis of qualified property resulting
20		from a redetermination of the purchase price shall be
21		deemed a disposition of qualified property to the extent
22		of such reduction.
23		(7) Beginning with tax years ending after December 31,
24		1996, if a taxpayer qualifies for the credit under this
25		subsection (h) and thereby is granted a tax abatement and
26		the taxpayer relocates its entire facility in violation of

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1		the explicit terms and length of the contract under
2		Section 18-183 of the Property Tax Code, the tax imposed
3		under subsections (a) and (b) of this Section shall be
4		increased for the taxable year in which the taxpayer
5		relocated its facility by an amount equal to the amount of
6		credit received by the taxpayer under this subsection (h).
7		(h-5) High Impact Business construction constructions jobs
8		credit. For taxable years beginning on or after January 1,
9		2021, there shall also be allowed a High Impact Business
10		construction jobs credit against the tax imposed under
11		subsections (a) and (b) of this Section as provided in
12		subsections (i) and (j) of Section 5.5 of the Illinois
13		Enterprise Zone Act.
14		The credit or credits may not reduce the taxpayer's
15		liability to less than zero. If the amount of the credit or
16		credits exceeds the taxpayer's liability, the excess may be
17		carried forward and applied against the taxpayer's liability
18		in succeeding calendar years in the manner provided under
19		paragraph (4) of Section 211 of this Act. The credit or credits
20		shall be applied to the earliest year for which there is a tax
21		liability. If there are credits from more than one taxable
22		year that are available to offset a liability, the earlier
23		credit shall be applied first.
24		For partners, shareholders of Subchapter S corporations,
25		and owners of limited liability companies, if the liability
26		company is treated as a partnership for the purposes of

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1		federal and State income taxation, there shall be allowed a
2		credit under this Section to be determined in accordance with
3		the determination of income and distributive share of income
4		under Sections 702 and 704 and Subchapter S of the Internal
5		Revenue Code.
6		The total aggregate amount of credits awarded under the
7		Blue Collar Jobs Act (Article 20 of Public Act 101-9 this
8		amendatory Act of the 101st General Assembly) shall not exceed
9		$20,000,000 in any State fiscal year.
10		This subsection (h-5) is exempt from the provisions of
11		Section 250.
12		(i) Credit for Personal Property Tax Replacement Income
13		Tax. For tax years ending prior to December 31, 2003, a credit
14		shall be allowed against the tax imposed by subsections (a)
15		and (b) of this Section for the tax imposed by subsections (c)
16		and (d) of this Section. This credit shall be computed by
17		multiplying the tax imposed by subsections (c) and (d) of this
18		Section by a fraction, the numerator of which is base income
19		allocable to Illinois and the denominator of which is Illinois
20		base income, and further multiplying the product by the tax
21		rate imposed by subsections (a) and (b) of this Section.
22		Any credit earned on or after December 31, 1986 under this
23		subsection which is unused in the year the credit is computed
24		because it exceeds the tax liability imposed by subsections
25		(a) and (b) for that year (whether it exceeds the original
26		liability or the liability as later amended) may be carried

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1		forward and applied to the tax liability imposed by
2		subsections (a) and (b) of the 5 taxable years following the
3		excess credit year, provided that no credit may be carried
4		forward to any year ending on or after December 31, 2003. This
5		credit shall be applied first to the earliest year for which
6		there is a liability. If there is a credit under this
7		subsection from more than one tax year that is available to
8		offset a liability the earliest credit arising under this
9		subsection shall be applied first.
10		If, during any taxable year ending on or after December
11		31, 1986, the tax imposed by subsections (c) and (d) of this
12		Section for which a taxpayer has claimed a credit under this
13		subsection (i) is reduced, the amount of credit for such tax
14		shall also be reduced. Such reduction shall be determined by
15		recomputing the credit to take into account the reduced tax
16		imposed by subsections (c) and (d). If any portion of the
17		reduced amount of credit has been carried to a different
18		taxable year, an amended return shall be filed for such
19		taxable year to reduce the amount of credit claimed.
20		(j) Training expense credit. Beginning with tax years
21		ending on or after December 31, 1986 and prior to December 31,
22		2003, a taxpayer shall be allowed a credit against the tax
23		imposed by subsections (a) and (b) under this Section for all
24		amounts paid or accrued, on behalf of all persons employed by
25		the taxpayer in Illinois or Illinois residents employed
26		outside of Illinois by a taxpayer, for educational or

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1		vocational training in semi-technical or technical fields or
2		semi-skilled or skilled fields, which were deducted from gross
3		income in the computation of taxable income. The credit
4		against the tax imposed by subsections (a) and (b) shall be
5		1.6% of such training expenses. For partners, shareholders of
6		subchapter S corporations, and owners of limited liability
7		companies, if the liability company is treated as a
8		partnership for purposes of federal and State income taxation,
9		there shall be allowed a credit under this subsection (j) to be
10		determined in accordance with the determination of income and
11		distributive share of income under Sections 702 and 704 and
12		subchapter S of the Internal Revenue Code.
13		Any credit allowed under this subsection which is unused
14		in the year the credit is earned may be carried forward to each
15		of the 5 taxable years following the year for which the credit
16		is first computed until it is used. This credit shall be
17		applied first to the earliest year for which there is a
18		liability. If there is a credit under this subsection from
19		more than one tax year that is available to offset a liability,
20		the earliest credit arising under this subsection shall be
21		applied first. No carryforward credit may be claimed in any
22		tax year ending on or after December 31, 2003.
23		(k) Research and development credit. For tax years ending
24		after July 1, 1990 and prior to December 31, 2003, and
25		beginning again for tax years ending on or after December 31,
26		2004, and ending prior to January 1, 2027, a taxpayer shall be

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1		allowed a credit against the tax imposed by subsections (a)
2		and (b) of this Section for increasing research activities in
3		this State. The credit allowed against the tax imposed by
4		subsections (a) and (b) shall be equal to 6 1/2% of the
5		qualifying expenditures for increasing research activities in
6		this State. For partners, shareholders of subchapter S
7		corporations, and owners of limited liability companies, if
8		the liability company is treated as a partnership for purposes
9		of federal and State income taxation, there shall be allowed a
10		credit under this subsection to be determined in accordance
11		with the determination of income and distributive share of
12		income under Sections 702 and 704 and subchapter S of the
13		Internal Revenue Code.
14		For purposes of this subsection, "qualifying expenditures"
15		means the qualifying expenditures as defined for the federal
16		credit for increasing research activities which would be
17		allowable under Section 41 of the Internal Revenue Code and
18		which are conducted in this State, "qualifying expenditures
19		for increasing research activities in this State" means the
20		excess of qualifying expenditures for the taxable year in
21		which incurred over qualifying expenditures for the base
22		period, "qualifying expenditures for the base period" means
23		the average of the qualifying expenditures for each year in
24		the base period, and "base period" means the 3 taxable years
25		immediately preceding the taxable year for which the
26		determination is being made.

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1		Any credit in excess of the tax liability for the taxable
2		year may be carried forward. A taxpayer may elect to have the
3		unused credit shown on its final completed return carried over
4		as a credit against the tax liability for the following 5
5		taxable years or until it has been fully used, whichever
6		occurs first; provided that no credit earned in a tax year
7		ending prior to December 31, 2003 may be carried forward to any
8		year ending on or after December 31, 2003.
9		If an unused credit is carried forward to a given year from
10		2 or more earlier years, that credit arising in the earliest
11		year will be applied first against the tax liability for the
12		given year. If a tax liability for the given year still
13		remains, the credit from the next earliest year will then be
14		applied, and so on, until all credits have been used or no tax
15		liability for the given year remains. Any remaining unused
16		credit or credits then will be carried forward to the next
17		following year in which a tax liability is incurred, except
18		that no credit can be carried forward to a year which is more
19		than 5 years after the year in which the expense for which the
20		credit is given was incurred.
21		No inference shall be drawn from Public Act 91-644 this
22		amendatory Act of the 91st General Assembly in construing this
23		Section for taxable years beginning before January 1, 1999.
24		It is the intent of the General Assembly that the research
25		and development credit under this subsection (k) shall apply
26		continuously for all tax years ending on or after December 31,

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1		2004 and ending prior to January 1, 2027, including, but not
2		limited to, the period beginning on January 1, 2016 and ending
3		on July 6, 2017 (the effective date of Public Act 100-22) this
4		amendatory Act of the 100th General Assembly. All actions
5		taken in reliance on the continuation of the credit under this
6		subsection (k) by any taxpayer are hereby validated.
7		(l) Environmental Remediation Tax Credit.
8		(i) For tax years ending after December 31, 1997 and
9		on or before December 31, 2001, a taxpayer shall be
10		allowed a credit against the tax imposed by subsections
11		(a) and (b) of this Section for certain amounts paid for
12		unreimbursed eligible remediation costs, as specified in
13		this subsection. For purposes of this Section,
14		"unreimbursed eligible remediation costs" means costs
15		approved by the Illinois Environmental Protection Agency
16		("Agency") under Section 58.14 of the Environmental
17		Protection Act that were paid in performing environmental
18		remediation at a site for which a No Further Remediation
19		Letter was issued by the Agency and recorded under Section
20		58.10 of the Environmental Protection Act. The credit must
21		be claimed for the taxable year in which Agency approval
22		of the eligible remediation costs is granted. The credit
23		is not available to any taxpayer if the taxpayer or any
24		related party caused or contributed to, in any material
25		respect, a release of regulated substances on, in, or
26		under the site that was identified and addressed by the

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1		remedial action pursuant to the Site Remediation Program
2		of the Environmental Protection Act. After the Pollution
3		Control Board rules are adopted pursuant to the Illinois
4		Administrative Procedure Act for the administration and
5		enforcement of Section 58.9 of the Environmental
6		Protection Act, determinations as to credit availability
7		for purposes of this Section shall be made consistent with
8		those rules. For purposes of this Section, "taxpayer"
9		includes a person whose tax attributes the taxpayer has
10		succeeded to under Section 381 of the Internal Revenue
11		Code and "related party" includes the persons disallowed a
12		deduction for losses by paragraphs (b), (c), and (f)(1) of
13		Section 267 of the Internal Revenue Code by virtue of
14		being a related taxpayer, as well as any of its partners.
15		The credit allowed against the tax imposed by subsections
16		(a) and (b) shall be equal to 25% of the unreimbursed
17		eligible remediation costs in excess of $100,000 per site,
18		except that the $100,000 threshold shall not apply to any
19		site contained in an enterprise zone as determined by the
20		Department of Commerce and Community Affairs (now
21		Department of Commerce and Economic Opportunity). The
22		total credit allowed shall not exceed $40,000 per year
23		with a maximum total of $150,000 per site. For partners
24		and shareholders of subchapter S corporations, there shall
25		be allowed a credit under this subsection to be determined
26		in accordance with the determination of income and

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1		distributive share of income under Sections 702 and 704
2		and subchapter S of the Internal Revenue Code.
3		(ii) A credit allowed under this subsection that is
4		unused in the year the credit is earned may be carried
5		forward to each of the 5 taxable years following the year
6		for which the credit is first earned until it is used. The
7		term "unused credit" does not include any amounts of
8		unreimbursed eligible remediation costs in excess of the
9		maximum credit per site authorized under paragraph (i).
10		This credit shall be applied first to the earliest year
11		for which there is a liability. If there is a credit under
12		this subsection from more than one tax year that is
13		available to offset a liability, the earliest credit
14		arising under this subsection shall be applied first. A
15		credit allowed under this subsection may be sold to a
16		buyer as part of a sale of all or part of the remediation
17		site for which the credit was granted. The purchaser of a
18		remediation site and the tax credit shall succeed to the
19		unused credit and remaining carry-forward period of the
20		seller. To perfect the transfer, the assignor shall record
21		the transfer in the chain of title for the site and provide
22		written notice to the Director of the Illinois Department
23		of Revenue of the assignor's intent to sell the
24		remediation site and the amount of the tax credit to be
25		transferred as a portion of the sale. In no event may a
26		credit be transferred to any taxpayer if the taxpayer or a

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1		related party would not be eligible under the provisions
2		of subsection (i).
3		(iii) For purposes of this Section, the term "site"
4		shall have the same meaning as under Section 58.2 of the
5		Environmental Protection Act.
6		(m) Education expense credit. Beginning with tax years
7		ending after December 31, 1999, a taxpayer who is the
8		custodian of one or more qualifying pupils shall be allowed a
9		credit against the tax imposed by subsections (a) and (b) of
10		this Section for qualified education expenses incurred on
11		behalf of the qualifying pupils. The credit shall be equal to
12		25% of qualified education expenses, but in no event may the
13		total credit under this subsection claimed by a family that is
14		the custodian of qualifying pupils exceed (i) $500 for tax
15		years ending prior to December 31, 2017, and (ii) $750 for tax
16		years ending on or after December 31, 2017. In no event shall a
17		credit under this subsection reduce the taxpayer's liability
18		under this Act to less than zero. Notwithstanding any other
19		provision of law, for taxable years beginning on or after
20		January 1, 2017, no taxpayer may claim a credit under this
21		subsection (m) if the taxpayer's adjusted gross income for the
22		taxable year exceeds (i) $500,000, in the case of spouses
23		filing a joint federal tax return or (ii) $250,000, in the case
24		of all other taxpayers. This subsection is exempt from the
25		provisions of Section 250 of this Act.
26		For purposes of this subsection:

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1		"Qualifying pupils" means individuals who (i) are
2		residents of the State of Illinois, (ii) are under the age of
3		21 at the close of the school year for which a credit is
4		sought, and (iii) during the school year for which a credit is
5		sought were full-time pupils enrolled in a kindergarten
6		through twelfth grade education program at any school, as
7		defined in this subsection.
8		"Qualified education expense" means the amount incurred on
9		behalf of a qualifying pupil in excess of $250 for tuition,
10		book fees, and lab fees at the school in which the pupil is
11		enrolled during the regular school year.
12		"School" means any public or nonpublic elementary or
13		secondary school in Illinois that is in compliance with Title
14		VI of the Civil Rights Act of 1964 and attendance at which
15		satisfies the requirements of Section 26-1 of the School Code,
16		except that nothing shall be construed to require a child to
17		attend any particular public or nonpublic school to qualify
18		for the credit under this Section.
19		"Custodian" means, with respect to qualifying pupils, an
20		Illinois resident who is a parent, the parents, a legal
21		guardian, or the legal guardians of the qualifying pupils.
22		(n) River Edge Redevelopment Zone site remediation tax
23		credit.
24		(i) For tax years ending on or after December 31,
25		2006, a taxpayer shall be allowed a credit against the tax
26		imposed by subsections (a) and (b) of this Section for

SB2435 Enrolled - 2187 - LRB102 04062 AMC 14078 b
1		certain amounts paid for unreimbursed eligible remediation
2		costs, as specified in this subsection. For purposes of
3		this Section, "unreimbursed eligible remediation costs"
4		means costs approved by the Illinois Environmental
5		Protection Agency ("Agency") under Section 58.14a of the
6		Environmental Protection Act that were paid in performing
7		environmental remediation at a site within a River Edge
8		Redevelopment Zone for which a No Further Remediation
9		Letter was issued by the Agency and recorded under Section
10		58.10 of the Environmental Protection Act. The credit must
11		be claimed for the taxable year in which Agency approval
12		of the eligible remediation costs is granted. The credit
13		is not available to any taxpayer if the taxpayer or any
14		related party caused or contributed to, in any material
15		respect, a release of regulated substances on, in, or
16		under the site that was identified and addressed by the
17		remedial action pursuant to the Site Remediation Program
18		of the Environmental Protection Act. Determinations as to
19		credit availability for purposes of this Section shall be
20		made consistent with rules adopted by the Pollution
21		Control Board pursuant to the Illinois Administrative
22		Procedure Act for the administration and enforcement of
23		Section 58.9 of the Environmental Protection Act. For
24		purposes of this Section, "taxpayer" includes a person
25		whose tax attributes the taxpayer has succeeded to under
26		Section 381 of the Internal Revenue Code and "related

SB2435 Enrolled - 2188 - LRB102 04062 AMC 14078 b
1		party" includes the persons disallowed a deduction for
2		losses by paragraphs (b), (c), and (f)(1) of Section 267
3		of the Internal Revenue Code by virtue of being a related
4		taxpayer, as well as any of its partners. The credit
5		allowed against the tax imposed by subsections (a) and (b)
6		shall be equal to 25% of the unreimbursed eligible
7		remediation costs in excess of $100,000 per site.
8		(ii) A credit allowed under this subsection that is
9		unused in the year the credit is earned may be carried
10		forward to each of the 5 taxable years following the year
11		for which the credit is first earned until it is used. This
12		credit shall be applied first to the earliest year for
13		which there is a liability. If there is a credit under this
14		subsection from more than one tax year that is available
15		to offset a liability, the earliest credit arising under
16		this subsection shall be applied first. A credit allowed
17		under this subsection may be sold to a buyer as part of a
18		sale of all or part of the remediation site for which the
19		credit was granted. The purchaser of a remediation site
20		and the tax credit shall succeed to the unused credit and
21		remaining carry-forward period of the seller. To perfect
22		the transfer, the assignor shall record the transfer in
23		the chain of title for the site and provide written notice
24		to the Director of the Illinois Department of Revenue of
25		the assignor's intent to sell the remediation site and the
26		amount of the tax credit to be transferred as a portion of

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1		the sale. In no event may a credit be transferred to any
2		taxpayer if the taxpayer or a related party would not be
3		eligible under the provisions of subsection (i).
4		(iii) For purposes of this Section, the term "site"
5		shall have the same meaning as under Section 58.2 of the
6		Environmental Protection Act.
7		(o) For each of taxable years during the Compassionate Use
8		of Medical Cannabis Program, a surcharge is imposed on all
9		taxpayers on income arising from the sale or exchange of
10		capital assets, depreciable business property, real property
11		used in the trade or business, and Section 197 intangibles of
12		an organization registrant under the Compassionate Use of
13		Medical Cannabis Program Act. The amount of the surcharge is
14		equal to the amount of federal income tax liability for the
15		taxable year attributable to those sales and exchanges. The
16		surcharge imposed does not apply if:
17		(1) the medical cannabis cultivation center
18		registration, medical cannabis dispensary registration, or
19		the property of a registration is transferred as a result
20		of any of the following:
21		(A) bankruptcy, a receivership, or a debt
22		adjustment initiated by or against the initial
23		registration or the substantial owners of the initial
24		registration;
25		(B) cancellation, revocation, or termination of
26		any registration by the Illinois Department of Public

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1		Health;
2		(C) a determination by the Illinois Department of
3		Public Health that transfer of the registration is in
4		the best interests of Illinois qualifying patients as
5		defined by the Compassionate Use of Medical Cannabis
6		Program Act;
7		(D) the death of an owner of the equity interest in
8		a registrant;
9		(E) the acquisition of a controlling interest in
10		the stock or substantially all of the assets of a
11		publicly traded company;
12		(F) a transfer by a parent company to a wholly
13		owned subsidiary; or
14		(G) the transfer or sale to or by one person to
15		another person where both persons were initial owners
16		of the registration when the registration was issued;
17		or
18		(2) the cannabis cultivation center registration,
19		medical cannabis dispensary registration, or the
20		controlling interest in a registrant's property is
21		transferred in a transaction to lineal descendants in
22		which no gain or loss is recognized or as a result of a
23		transaction in accordance with Section 351 of the Internal
24		Revenue Code in which no gain or loss is recognized.
25		(Source: P.A. 100-22, eff. 7-6-17; 101-9, eff. 6-5-19; 101-31,
26		eff. 6-28-19; 101-207, eff. 8-2-19; 101-363, eff. 8-9-19;

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1		revised 11-18-20.)
2		(Text of Section with the changes made by P.A. 101-8,
3		which did not take effect (see Section 99 of P.A. 101-8))
4		Sec. 201. Tax imposed.
5		(a) In general. A tax measured by net income is hereby
6		imposed on every individual, corporation, trust and estate for
7		each taxable year ending after July 31, 1969 on the privilege
8		of earning or receiving income in or as a resident of this
9		State. Such tax shall be in addition to all other occupation or
10		privilege taxes imposed by this State or by any municipal
11		corporation or political subdivision thereof.
12		(b) Rates. The tax imposed by subsection (a) of this
13		Section shall be determined as follows, except as adjusted by
14		subsection (d-1):
15		(1) In the case of an individual, trust or estate, for
16		taxable years ending prior to July 1, 1989, an amount
17		equal to 2 1/2% of the taxpayer's net income for the
18		taxable year.
19		(2) In the case of an individual, trust or estate, for
20		taxable years beginning prior to July 1, 1989 and ending
21		after June 30, 1989, an amount equal to the sum of (i) 2
22		1/2% of the taxpayer's net income for the period prior to
23		July 1, 1989, as calculated under Section 202.3, and (ii)
24		3% of the taxpayer's net income for the period after June
25		30, 1989, as calculated under Section 202.3.

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1		(3) In the case of an individual, trust or estate, for
2		taxable years beginning after June 30, 1989, and ending
3		prior to January 1, 2011, an amount equal to 3% of the
4		taxpayer's net income for the taxable year.
5		(4) In the case of an individual, trust, or estate,
6		for taxable years beginning prior to January 1, 2011, and
7		ending after December 31, 2010, an amount equal to the sum
8		of (i) 3% of the taxpayer's net income for the period prior
9		to January 1, 2011, as calculated under Section 202.5, and
10		(ii) 5% of the taxpayer's net income for the period after
11		December 31, 2010, as calculated under Section 202.5.
12		(5) In the case of an individual, trust, or estate,
13		for taxable years beginning on or after January 1, 2011,
14		and ending prior to January 1, 2015, an amount equal to 5%
15		of the taxpayer's net income for the taxable year.
16		(5.1) In the case of an individual, trust, or estate,
17		for taxable years beginning prior to January 1, 2015, and
18		ending after December 31, 2014, an amount equal to the sum
19		of (i) 5% of the taxpayer's net income for the period prior
20		to January 1, 2015, as calculated under Section 202.5, and
21		(ii) 3.75% of the taxpayer's net income for the period
22		after December 31, 2014, as calculated under Section
23		202.5.
24		(5.2) In the case of an individual, trust, or estate,
25		for taxable years beginning on or after January 1, 2015,
26		and ending prior to July 1, 2017, an amount equal to 3.75%

SB2435 Enrolled - 2193 - LRB102 04062 AMC 14078 b
1		of the taxpayer's net income for the taxable year.
2		(5.3) In the case of an individual, trust, or estate,
3		for taxable years beginning prior to July 1, 2017, and
4		ending after June 30, 2017, an amount equal to the sum of
5		(i) 3.75% of the taxpayer's net income for the period
6		prior to July 1, 2017, as calculated under Section 202.5,
7		and (ii) 4.95% of the taxpayer's net income for the period
8		after June 30, 2017, as calculated under Section 202.5.
9		(5.4) In the case of an individual, trust, or estate,
10		for taxable years beginning on or after July 1, 2017 and
11		beginning prior to January 1, 2021, an amount equal to
12		4.95% of the taxpayer's net income for the taxable year.
13		(5.5) In the case of an individual, trust, or estate,
14		for taxable years beginning on or after January 1, 2021,
15		an amount calculated under the rate structure set forth in
16		Section 201.1.
17		(6) In the case of a corporation, for taxable years
18		ending prior to July 1, 1989, an amount equal to 4% of the
19		taxpayer's net income for the taxable year.
20		(7) In the case of a corporation, for taxable years
21		beginning prior to July 1, 1989 and ending after June 30,
22		1989, an amount equal to the sum of (i) 4% of the
23		taxpayer's net income for the period prior to July 1,
24		1989, as calculated under Section 202.3, and (ii) 4.8% of
25		the taxpayer's net income for the period after June 30,
26		1989, as calculated under Section 202.3.

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1		(8) In the case of a corporation, for taxable years
2		beginning after June 30, 1989, and ending prior to January
3		1, 2011, an amount equal to 4.8% of the taxpayer's net
4		income for the taxable year.
5		(9) In the case of a corporation, for taxable years
6		beginning prior to January 1, 2011, and ending after
7		December 31, 2010, an amount equal to the sum of (i) 4.8%
8		of the taxpayer's net income for the period prior to
9		January 1, 2011, as calculated under Section 202.5, and
10		(ii) 7% of the taxpayer's net income for the period after
11		December 31, 2010, as calculated under Section 202.5.
12		(10) In the case of a corporation, for taxable years
13		beginning on or after January 1, 2011, and ending prior to
14		January 1, 2015, an amount equal to 7% of the taxpayer's
15		net income for the taxable year.
16		(11) In the case of a corporation, for taxable years
17		beginning prior to January 1, 2015, and ending after
18		December 31, 2014, an amount equal to the sum of (i) 7% of
19		the taxpayer's net income for the period prior to January
20		1, 2015, as calculated under Section 202.5, and (ii) 5.25%
21		of the taxpayer's net income for the period after December
22		31, 2014, as calculated under Section 202.5.
23		(12) In the case of a corporation, for taxable years
24		beginning on or after January 1, 2015, and ending prior to
25		July 1, 2017, an amount equal to 5.25% of the taxpayer's
26		net income for the taxable year.

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1		(13) In the case of a corporation, for taxable years
2		beginning prior to July 1, 2017, and ending after June 30,
3		2017, an amount equal to the sum of (i) 5.25% of the
4		taxpayer's net income for the period prior to July 1,
5		2017, as calculated under Section 202.5, and (ii) 7% of
6		the taxpayer's net income for the period after June 30,
7		2017, as calculated under Section 202.5.
8		(14) In the case of a corporation, for taxable years
9		beginning on or after July 1, 2017 and beginning prior to
10		January 1, 2021, an amount equal to 7% of the taxpayer's
11		net income for the taxable year.
12		(15) In the case of a corporation, for taxable years
13		beginning on or after January 1, 2021, an amount equal to
14		7.99% of the taxpayer's net income for the taxable year.
15		The rates under this subsection (b) are subject to the
16		provisions of Section 201.5.
17		(b-5) Surcharge; sale or exchange of assets, properties,
18		and intangibles of organization gaming licensees. For each of
19		taxable years 2019 through 2027, a surcharge is imposed on all
20		taxpayers on income arising from the sale or exchange of
21		capital assets, depreciable business property, real property
22		used in the trade or business, and Section 197 intangibles (i)
23		of an organization licensee under the Illinois Horse Racing
24		Act of 1975 and (ii) of an organization gaming licensee under
25		the Illinois Gambling Act. The amount of the surcharge is
26		equal to the amount of federal income tax liability for the

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1		taxable year attributable to those sales and exchanges. The
2		surcharge imposed shall not apply if:
3		(1) the organization gaming license, organization
4		license, or racetrack property is transferred as a result
5		of any of the following:
6		(A) bankruptcy, a receivership, or a debt
7		adjustment initiated by or against the initial
8		licensee or the substantial owners of the initial
9		licensee;
10		(B) cancellation, revocation, or termination of
11		any such license by the Illinois Gaming Board or the
12		Illinois Racing Board;
13		(C) a determination by the Illinois Gaming Board
14		that transfer of the license is in the best interests
15		of Illinois gaming;
16		(D) the death of an owner of the equity interest in
17		a licensee;
18		(E) the acquisition of a controlling interest in
19		the stock or substantially all of the assets of a
20		publicly traded company;
21		(F) a transfer by a parent company to a wholly
22		owned subsidiary; or
23		(G) the transfer or sale to or by one person to
24		another person where both persons were initial owners
25		of the license when the license was issued; or
26		(2) the controlling interest in the organization

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1		gaming license, organization license, or racetrack
2		property is transferred in a transaction to lineal
3		descendants in which no gain or loss is recognized or as a
4		result of a transaction in accordance with Section 351 of
5		the Internal Revenue Code in which no gain or loss is
6		recognized; or
7		(3) live horse racing was not conducted in 2010 at a
8		racetrack located within 3 miles of the Mississippi River
9		under a license issued pursuant to the Illinois Horse
10		Racing Act of 1975.
11		The transfer of an organization gaming license,
12		organization license, or racetrack property by a person other
13		than the initial licensee to receive the organization gaming
14		license is not subject to a surcharge. The Department shall
15		adopt rules necessary to implement and administer this
16		subsection.
17		(c) Personal Property Tax Replacement Income Tax.
18		Beginning on July 1, 1979 and thereafter, in addition to such
19		income tax, there is also hereby imposed the Personal Property
20		Tax Replacement Income Tax measured by net income on every
21		corporation (including Subchapter S corporations), partnership
22		and trust, for each taxable year ending after June 30, 1979.
23		Such taxes are imposed on the privilege of earning or
24		receiving income in or as a resident of this State. The
25		Personal Property Tax Replacement Income Tax shall be in
26		addition to the income tax imposed by subsections (a) and (b)

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1		of this Section and in addition to all other occupation or
2		privilege taxes imposed by this State or by any municipal
3		corporation or political subdivision thereof.
4		(d) Additional Personal Property Tax Replacement Income
5		Tax Rates. The personal property tax replacement income tax
6		imposed by this subsection and subsection (c) of this Section
7		in the case of a corporation, other than a Subchapter S
8		corporation and except as adjusted by subsection (d-1), shall
9		be an additional amount equal to 2.85% of such taxpayer's net
10		income for the taxable year, except that beginning on January
11		1, 1981, and thereafter, the rate of 2.85% specified in this
12		subsection shall be reduced to 2.5%, and in the case of a
13		partnership, trust or a Subchapter S corporation shall be an
14		additional amount equal to 1.5% of such taxpayer's net income
15		for the taxable year.
16		(d-1) Rate reduction for certain foreign insurers. In the
17		case of a foreign insurer, as defined by Section 35A-5 of the
18		Illinois Insurance Code, whose state or country of domicile
19		imposes on insurers domiciled in Illinois a retaliatory tax
20		(excluding any insurer whose premiums from reinsurance assumed
21		are 50% or more of its total insurance premiums as determined
22		under paragraph (2) of subsection (b) of Section 304, except
23		that for purposes of this determination premiums from
24		reinsurance do not include premiums from inter-affiliate
25		reinsurance arrangements), beginning with taxable years ending
26		on or after December 31, 1999, the sum of the rates of tax

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1		imposed by subsections (b) and (d) shall be reduced (but not
2		increased) to the rate at which the total amount of tax imposed
3		under this Act, net of all credits allowed under this Act,
4		shall equal (i) the total amount of tax that would be imposed
5		on the foreign insurer's net income allocable to Illinois for
6		the taxable year by such foreign insurer's state or country of
7		domicile if that net income were subject to all income taxes
8		and taxes measured by net income imposed by such foreign
9		insurer's state or country of domicile, net of all credits
10		allowed or (ii) a rate of zero if no such tax is imposed on
11		such income by the foreign insurer's state of domicile. For
12		the purposes of this subsection (d-1), an inter-affiliate
13		includes a mutual insurer under common management.
14		(1) For the purposes of subsection (d-1), in no event
15		shall the sum of the rates of tax imposed by subsections
16		(b) and (d) be reduced below the rate at which the sum of:
17		(A) the total amount of tax imposed on such
18		foreign insurer under this Act for a taxable year, net
19		of all credits allowed under this Act, plus
20		(B) the privilege tax imposed by Section 409 of
21		the Illinois Insurance Code, the fire insurance
22		company tax imposed by Section 12 of the Fire
23		Investigation Act, and the fire department taxes
24		imposed under Section 11-10-1 of the Illinois
25		Municipal Code,
26		equals 1.25% for taxable years ending prior to December

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1		31, 2003, or 1.75% for taxable years ending on or after
2		December 31, 2003, of the net taxable premiums written for
3		the taxable year, as described by subsection (1) of
4		Section 409 of the Illinois Insurance Code. This paragraph
5		will in no event increase the rates imposed under
6		subsections (b) and (d).
7		(2) Any reduction in the rates of tax imposed by this
8		subsection shall be applied first against the rates
9		imposed by subsection (b) and only after the tax imposed
10		by subsection (a) net of all credits allowed under this
11		Section other than the credit allowed under subsection (i)
12		has been reduced to zero, against the rates imposed by
13		subsection (d).
14		This subsection (d-1) is exempt from the provisions of
15		Section 250.
16		(e) Investment credit. A taxpayer shall be allowed a
17		credit against the Personal Property Tax Replacement Income
18		Tax for investment in qualified property.
19		(1) A taxpayer shall be allowed a credit equal to .5%
20		of the basis of qualified property placed in service
21		during the taxable year, provided such property is placed
22		in service on or after July 1, 1984. There shall be allowed
23		an additional credit equal to .5% of the basis of
24		qualified property placed in service during the taxable
25		year, provided such property is placed in service on or
26		after July 1, 1986, and the taxpayer's base employment

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1		within Illinois has increased by 1% or more over the
2		preceding year as determined by the taxpayer's employment
3		records filed with the Illinois Department of Employment
4		Security. Taxpayers who are new to Illinois shall be
5		deemed to have met the 1% growth in base employment for the
6		first year in which they file employment records with the
7		Illinois Department of Employment Security. The provisions
8		added to this Section by Public Act 85-1200 (and restored
9		by Public Act 87-895) shall be construed as declaratory of
10		existing law and not as a new enactment. If, in any year,
11		the increase in base employment within Illinois over the
12		preceding year is less than 1%, the additional credit
13		shall be limited to that percentage times a fraction, the
14		numerator of which is .5% and the denominator of which is
15		1%, but shall not exceed .5%. The investment credit shall
16		not be allowed to the extent that it would reduce a
17		taxpayer's liability in any tax year below zero, nor may
18		any credit for qualified property be allowed for any year
19		other than the year in which the property was placed in
20		service in Illinois. For tax years ending on or after
21		December 31, 1987, and on or before December 31, 1988, the
22		credit shall be allowed for the tax year in which the
23		property is placed in service, or, if the amount of the
24		credit exceeds the tax liability for that year, whether it
25		exceeds the original liability or the liability as later
26		amended, such excess may be carried forward and applied to

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1		the tax liability of the 5 taxable years following the
2		excess credit years if the taxpayer (i) makes investments
3		which cause the creation of a minimum of 2,000 full-time
4		equivalent jobs in Illinois, (ii) is located in an
5		enterprise zone established pursuant to the Illinois
6		Enterprise Zone Act and (iii) is certified by the
7		Department of Commerce and Community Affairs (now
8		Department of Commerce and Economic Opportunity) as
9		complying with the requirements specified in clause (i)
10		and (ii) by July 1, 1986. The Department of Commerce and
11		Community Affairs (now Department of Commerce and Economic
12		Opportunity) shall notify the Department of Revenue of all
13		such certifications immediately. For tax years ending
14		after December 31, 1988, the credit shall be allowed for
15		the tax year in which the property is placed in service,
16		or, if the amount of the credit exceeds the tax liability
17		for that year, whether it exceeds the original liability
18		or the liability as later amended, such excess may be
19		carried forward and applied to the tax liability of the 5
20		taxable years following the excess credit years. The
21		credit shall be applied to the earliest year for which
22		there is a liability. If there is credit from more than one
23		tax year that is available to offset a liability, earlier
24		credit shall be applied first.
25		(2) The term "qualified property" means property
26		which:

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1		(A) is tangible, whether new or used, including
2		buildings and structural components of buildings and
3		signs that are real property, but not including land
4		or improvements to real property that are not a
5		structural component of a building such as
6		landscaping, sewer lines, local access roads, fencing,
7		parking lots, and other appurtenances;
8		(B) is depreciable pursuant to Section 167 of the
9		Internal Revenue Code, except that "3-year property"
10		as defined in Section 168(c)(2)(A) of that Code is not
11		eligible for the credit provided by this subsection
12		(e);
13		(C) is acquired by purchase as defined in Section
14		179(d) of the Internal Revenue Code;
15		(D) is used in Illinois by a taxpayer who is
16		primarily engaged in manufacturing, or in mining coal
17		or fluorite, or in retailing, or was placed in service
18		on or after July 1, 2006 in a River Edge Redevelopment
19		Zone established pursuant to the River Edge
20		Redevelopment Zone Act; and
21		(E) has not previously been used in Illinois in
22		such a manner and by such a person as would qualify for
23		the credit provided by this subsection (e) or
24		subsection (f).
25		(3) For purposes of this subsection (e),
26		"manufacturing" means the material staging and production

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1		of tangible personal property by procedures commonly
2		regarded as manufacturing, processing, fabrication, or
3		assembling which changes some existing material into new
4		shapes, new qualities, or new combinations. For purposes
5		of this subsection (e) the term "mining" shall have the
6		same meaning as the term "mining" in Section 613(c) of the
7		Internal Revenue Code. For purposes of this subsection
8		(e), the term "retailing" means the sale of tangible
9		personal property for use or consumption and not for
10		resale, or services rendered in conjunction with the sale
11		of tangible personal property for use or consumption and
12		not for resale. For purposes of this subsection (e),
13		"tangible personal property" has the same meaning as when
14		that term is used in the Retailers' Occupation Tax Act,
15		and, for taxable years ending after December 31, 2008,
16		does not include the generation, transmission, or
17		distribution of electricity.
18		(4) The basis of qualified property shall be the basis
19		used to compute the depreciation deduction for federal
20		income tax purposes.
21		(5) If the basis of the property for federal income
22		tax depreciation purposes is increased after it has been
23		placed in service in Illinois by the taxpayer, the amount
24		of such increase shall be deemed property placed in
25		service on the date of such increase in basis.
26		(6) The term "placed in service" shall have the same

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1		meaning as under Section 46 of the Internal Revenue Code.
2		(7) If during any taxable year, any property ceases to
3		be qualified property in the hands of the taxpayer within
4		48 months after being placed in service, or the situs of
5		any qualified property is moved outside Illinois within 48
6		months after being placed in service, the Personal
7		Property Tax Replacement Income Tax for such taxable year
8		shall be increased. Such increase shall be determined by
9		(i) recomputing the investment credit which would have
10		been allowed for the year in which credit for such
11		property was originally allowed by eliminating such
12		property from such computation and, (ii) subtracting such
13		recomputed credit from the amount of credit previously
14		allowed. For the purposes of this paragraph (7), a
15		reduction of the basis of qualified property resulting
16		from a redetermination of the purchase price shall be
17		deemed a disposition of qualified property to the extent
18		of such reduction.
19		(8) Unless the investment credit is extended by law,
20		the basis of qualified property shall not include costs
21		incurred after December 31, 2018, except for costs
22		incurred pursuant to a binding contract entered into on or
23		before December 31, 2018.
24		(9) Each taxable year ending before December 31, 2000,
25		a partnership may elect to pass through to its partners
26		the credits to which the partnership is entitled under

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1		this subsection (e) for the taxable year. A partner may
2		use the credit allocated to him or her under this
3		paragraph only against the tax imposed in subsections (c)
4		and (d) of this Section. If the partnership makes that
5		election, those credits shall be allocated among the
6		partners in the partnership in accordance with the rules
7		set forth in Section 704(b) of the Internal Revenue Code,
8		and the rules promulgated under that Section, and the
9		allocated amount of the credits shall be allowed to the
10		partners for that taxable year. The partnership shall make
11		this election on its Personal Property Tax Replacement
12		Income Tax return for that taxable year. The election to
13		pass through the credits shall be irrevocable.
14		For taxable years ending on or after December 31,
15		2000, a partner that qualifies its partnership for a
16		subtraction under subparagraph (I) of paragraph (2) of
17		subsection (d) of Section 203 or a shareholder that
18		qualifies a Subchapter S corporation for a subtraction
19		under subparagraph (S) of paragraph (2) of subsection (b)
20		of Section 203 shall be allowed a credit under this
21		subsection (e) equal to its share of the credit earned
22		under this subsection (e) during the taxable year by the
23		partnership or Subchapter S corporation, determined in
24		accordance with the determination of income and
25		distributive share of income under Sections 702 and 704
26		and Subchapter S of the Internal Revenue Code. This

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1		paragraph is exempt from the provisions of Section 250.
2		(f) Investment credit; Enterprise Zone; River Edge
3		Redevelopment Zone.
4		(1) A taxpayer shall be allowed a credit against the
5		tax imposed by subsections (a) and (b) of this Section for
6		investment in qualified property which is placed in
7		service in an Enterprise Zone created pursuant to the
8		Illinois Enterprise Zone Act or, for property placed in
9		service on or after July 1, 2006, a River Edge
10		Redevelopment Zone established pursuant to the River Edge
11		Redevelopment Zone Act. For partners, shareholders of
12		Subchapter S corporations, and owners of limited liability
13		companies, if the liability company is treated as a
14		partnership for purposes of federal and State income
15		taxation, there shall be allowed a credit under this
16		subsection (f) to be determined in accordance with the
17		determination of income and distributive share of income
18		under Sections 702 and 704 and Subchapter S of the
19		Internal Revenue Code. The credit shall be .5% of the
20		basis for such property. The credit shall be available
21		only in the taxable year in which the property is placed in
22		service in the Enterprise Zone or River Edge Redevelopment
23		Zone and shall not be allowed to the extent that it would
24		reduce a taxpayer's liability for the tax imposed by
25		subsections (a) and (b) of this Section to below zero. For
26		tax years ending on or after December 31, 1985, the credit

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1		shall be allowed for the tax year in which the property is
2		placed in service, or, if the amount of the credit exceeds
3		the tax liability for that year, whether it exceeds the
4		original liability or the liability as later amended, such
5		excess may be carried forward and applied to the tax
6		liability of the 5 taxable years following the excess
7		credit year. The credit shall be applied to the earliest
8		year for which there is a liability. If there is credit
9		from more than one tax year that is available to offset a
10		liability, the credit accruing first in time shall be
11		applied first.
12		(2) The term qualified property means property which:
13		(A) is tangible, whether new or used, including
14		buildings and structural components of buildings;
15		(B) is depreciable pursuant to Section 167 of the
16		Internal Revenue Code, except that "3-year property"
17		as defined in Section 168(c)(2)(A) of that Code is not
18		eligible for the credit provided by this subsection
19		(f);
20		(C) is acquired by purchase as defined in Section
21		179(d) of the Internal Revenue Code;
22		(D) is used in the Enterprise Zone or River Edge
23		Redevelopment Zone by the taxpayer; and
24		(E) has not been previously used in Illinois in
25		such a manner and by such a person as would qualify for
26		the credit provided by this subsection (f) or

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1		subsection (e).
2		(3) The basis of qualified property shall be the basis
3		used to compute the depreciation deduction for federal
4		income tax purposes.
5		(4) If the basis of the property for federal income
6		tax depreciation purposes is increased after it has been
7		placed in service in the Enterprise Zone or River Edge
8		Redevelopment Zone by the taxpayer, the amount of such
9		increase shall be deemed property placed in service on the
10		date of such increase in basis.
11		(5) The term "placed in service" shall have the same
12		meaning as under Section 46 of the Internal Revenue Code.
13		(6) If during any taxable year, any property ceases to
14		be qualified property in the hands of the taxpayer within
15		48 months after being placed in service, or the situs of
16		any qualified property is moved outside the Enterprise
17		Zone or River Edge Redevelopment Zone within 48 months
18		after being placed in service, the tax imposed under
19		subsections (a) and (b) of this Section for such taxable
20		year shall be increased. Such increase shall be determined
21		by (i) recomputing the investment credit which would have
22		been allowed for the year in which credit for such
23		property was originally allowed by eliminating such
24		property from such computation, and (ii) subtracting such
25		recomputed credit from the amount of credit previously
26		allowed. For the purposes of this paragraph (6), a

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1		reduction of the basis of qualified property resulting
2		from a redetermination of the purchase price shall be
3		deemed a disposition of qualified property to the extent
4		of such reduction.
5		(7) There shall be allowed an additional credit equal
6		to 0.5% of the basis of qualified property placed in
7		service during the taxable year in a River Edge
8		Redevelopment Zone, provided such property is placed in
9		service on or after July 1, 2006, and the taxpayer's base
10		employment within Illinois has increased by 1% or more
11		over the preceding year as determined by the taxpayer's
12		employment records filed with the Illinois Department of
13		Employment Security. Taxpayers who are new to Illinois
14		shall be deemed to have met the 1% growth in base
15		employment for the first year in which they file
16		employment records with the Illinois Department of
17		Employment Security. If, in any year, the increase in base
18		employment within Illinois over the preceding year is less
19		than 1%, the additional credit shall be limited to that
20		percentage times a fraction, the numerator of which is
21		0.5% and the denominator of which is 1%, but shall not
22		exceed 0.5%.
23		(8) For taxable years beginning on or after January 1,
24		2021, there shall be allowed an Enterprise Zone
25		construction jobs credit against the taxes imposed under
26		subsections (a) and (b) of this Section as provided in

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1		Section 13 of the Illinois Enterprise Zone Act.
2		The credit or credits may not reduce the taxpayer's
3		liability to less than zero. If the amount of the credit or
4		credits exceeds the taxpayer's liability, the excess may
5		be carried forward and applied against the taxpayer's
6		liability in succeeding calendar years in the same manner
7		provided under paragraph (4) of Section 211 of this Act.
8		The credit or credits shall be applied to the earliest
9		year for which there is a tax liability. If there are
10		credits from more than one taxable year that are available
11		to offset a liability, the earlier credit shall be applied
12		first.
13		For partners, shareholders of Subchapter S
14		corporations, and owners of limited liability companies,
15		if the liability company is treated as a partnership for
16		the purposes of federal and State income taxation, there
17		shall be allowed a credit under this Section to be
18		determined in accordance with the determination of income
19		and distributive share of income under Sections 702 and
20		704 and Subchapter S of the Internal Revenue Code.
21		The total aggregate amount of credits awarded under
22		the Blue Collar Jobs Act (Article 20 of Public Act 101-9
23		this amendatory Act of the 101st General Assembly) shall
24		not exceed $20,000,000 in any State fiscal year.
25		This paragraph (8) is exempt from the provisions of
26		Section 250.

SB2435 Enrolled - 2212 - LRB102 04062 AMC 14078 b
1		(g) (Blank).
2		(h) Investment credit; High Impact Business.
3		(1) Subject to subsections (b) and (b-5) of Section
4		5.5 of the Illinois Enterprise Zone Act, a taxpayer shall
5		be allowed a credit against the tax imposed by subsections
6		(a) and (b) of this Section for investment in qualified
7		property which is placed in service by a Department of
8		Commerce and Economic Opportunity designated High Impact
9		Business. The credit shall be .5% of the basis for such
10		property. The credit shall not be available (i) until the
11		minimum investments in qualified property set forth in
12		subdivision (a)(3)(A) of Section 5.5 of the Illinois
13		Enterprise Zone Act have been satisfied or (ii) until the
14		time authorized in subsection (b-5) of the Illinois
15		Enterprise Zone Act for entities designated as High Impact
16		Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
17		(a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
18		Act, and shall not be allowed to the extent that it would
19		reduce a taxpayer's liability for the tax imposed by
20		subsections (a) and (b) of this Section to below zero. The
21		credit applicable to such investments shall be taken in
22		the taxable year in which such investments have been
23		completed. The credit for additional investments beyond
24		the minimum investment by a designated high impact
25		business authorized under subdivision (a)(3)(A) of Section
26		5.5 of the Illinois Enterprise Zone Act shall be available

SB2435 Enrolled - 2213 - LRB102 04062 AMC 14078 b
1		only in the taxable year in which the property is placed in
2		service and shall not be allowed to the extent that it
3		would reduce a taxpayer's liability for the tax imposed by
4		subsections (a) and (b) of this Section to below zero. For
5		tax years ending on or after December 31, 1987, the credit
6		shall be allowed for the tax year in which the property is
7		placed in service, or, if the amount of the credit exceeds
8		the tax liability for that year, whether it exceeds the
9		original liability or the liability as later amended, such
10		excess may be carried forward and applied to the tax
11		liability of the 5 taxable years following the excess
12		credit year. The credit shall be applied to the earliest
13		year for which there is a liability. If there is credit
14		from more than one tax year that is available to offset a
15		liability, the credit accruing first in time shall be
16		applied first.
17		Changes made in this subdivision (h)(1) by Public Act
18		88-670 restore changes made by Public Act 85-1182 and
19		reflect existing law.
20		(2) The term qualified property means property which:
21		(A) is tangible, whether new or used, including
22		buildings and structural components of buildings;
23		(B) is depreciable pursuant to Section 167 of the
24		Internal Revenue Code, except that "3-year property"
25		as defined in Section 168(c)(2)(A) of that Code is not
26		eligible for the credit provided by this subsection

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1		(h);
2		(C) is acquired by purchase as defined in Section
3		179(d) of the Internal Revenue Code; and
4		(D) is not eligible for the Enterprise Zone
5		Investment Credit provided by subsection (f) of this
6		Section.
7		(3) The basis of qualified property shall be the basis
8		used to compute the depreciation deduction for federal
9		income tax purposes.
10		(4) If the basis of the property for federal income
11		tax depreciation purposes is increased after it has been
12		placed in service in a federally designated Foreign Trade
13		Zone or Sub-Zone located in Illinois by the taxpayer, the
14		amount of such increase shall be deemed property placed in
15		service on the date of such increase in basis.
16		(5) The term "placed in service" shall have the same
17		meaning as under Section 46 of the Internal Revenue Code.
18		(6) If during any taxable year ending on or before
19		December 31, 1996, any property ceases to be qualified
20		property in the hands of the taxpayer within 48 months
21		after being placed in service, or the situs of any
22		qualified property is moved outside Illinois within 48
23		months after being placed in service, the tax imposed
24		under subsections (a) and (b) of this Section for such
25		taxable year shall be increased. Such increase shall be
26		determined by (i) recomputing the investment credit which

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1		would have been allowed for the year in which credit for
2		such property was originally allowed by eliminating such
3		property from such computation, and (ii) subtracting such
4		recomputed credit from the amount of credit previously
5		allowed. For the purposes of this paragraph (6), a
6		reduction of the basis of qualified property resulting
7		from a redetermination of the purchase price shall be
8		deemed a disposition of qualified property to the extent
9		of such reduction.
10		(7) Beginning with tax years ending after December 31,
11		1996, if a taxpayer qualifies for the credit under this
12		subsection (h) and thereby is granted a tax abatement and
13		the taxpayer relocates its entire facility in violation of
14		the explicit terms and length of the contract under
15		Section 18-183 of the Property Tax Code, the tax imposed
16		under subsections (a) and (b) of this Section shall be
17		increased for the taxable year in which the taxpayer
18		relocated its facility by an amount equal to the amount of
19		credit received by the taxpayer under this subsection (h).
20		(h-5) High Impact Business construction constructions jobs
21		credit. For taxable years beginning on or after January 1,
22		2021, there shall also be allowed a High Impact Business
23		construction jobs credit against the tax imposed under
24		subsections (a) and (b) of this Section as provided in
25		subsections (i) and (j) of Section 5.5 of the Illinois
26		Enterprise Zone Act.

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1		The credit or credits may not reduce the taxpayer's
2		liability to less than zero. If the amount of the credit or
3		credits exceeds the taxpayer's liability, the excess may be
4		carried forward and applied against the taxpayer's liability
5		in succeeding calendar years in the manner provided under
6		paragraph (4) of Section 211 of this Act. The credit or credits
7		shall be applied to the earliest year for which there is a tax
8		liability. If there are credits from more than one taxable
9		year that are available to offset a liability, the earlier
10		credit shall be applied first.
11		For partners, shareholders of Subchapter S corporations,
12		and owners of limited liability companies, if the liability
13		company is treated as a partnership for the purposes of
14		federal and State income taxation, there shall be allowed a
15		credit under this Section to be determined in accordance with
16		the determination of income and distributive share of income
17		under Sections 702 and 704 and Subchapter S of the Internal
18		Revenue Code.
19		The total aggregate amount of credits awarded under the
20		Blue Collar Jobs Act (Article 20 of Public Act 101-9 this
21		amendatory Act of the 101st General Assembly) shall not exceed
22		$20,000,000 in any State fiscal year.
23		This subsection (h-5) is exempt from the provisions of
24		Section 250.
25		(i) Credit for Personal Property Tax Replacement Income
26		Tax. For tax years ending prior to December 31, 2003, a credit

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1		shall be allowed against the tax imposed by subsections (a)
2		and (b) of this Section for the tax imposed by subsections (c)
3		and (d) of this Section. This credit shall be computed by
4		multiplying the tax imposed by subsections (c) and (d) of this
5		Section by a fraction, the numerator of which is base income
6		allocable to Illinois and the denominator of which is Illinois
7		base income, and further multiplying the product by the tax
8		rate imposed by subsections (a) and (b) of this Section.
9		Any credit earned on or after December 31, 1986 under this
10		subsection which is unused in the year the credit is computed
11		because it exceeds the tax liability imposed by subsections
12		(a) and (b) for that year (whether it exceeds the original
13		liability or the liability as later amended) may be carried
14		forward and applied to the tax liability imposed by
15		subsections (a) and (b) of the 5 taxable years following the
16		excess credit year, provided that no credit may be carried
17		forward to any year ending on or after December 31, 2003. This
18		credit shall be applied first to the earliest year for which
19		there is a liability. If there is a credit under this
20		subsection from more than one tax year that is available to
21		offset a liability the earliest credit arising under this
22		subsection shall be applied first.
23		If, during any taxable year ending on or after December
24		31, 1986, the tax imposed by subsections (c) and (d) of this
25		Section for which a taxpayer has claimed a credit under this
26		subsection (i) is reduced, the amount of credit for such tax

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1		shall also be reduced. Such reduction shall be determined by
2		recomputing the credit to take into account the reduced tax
3		imposed by subsections (c) and (d). If any portion of the
4		reduced amount of credit has been carried to a different
5		taxable year, an amended return shall be filed for such
6		taxable year to reduce the amount of credit claimed.
7		(j) Training expense credit. Beginning with tax years
8		ending on or after December 31, 1986 and prior to December 31,
9		2003, a taxpayer shall be allowed a credit against the tax
10		imposed by subsections (a) and (b) under this Section for all
11		amounts paid or accrued, on behalf of all persons employed by
12		the taxpayer in Illinois or Illinois residents employed
13		outside of Illinois by a taxpayer, for educational or
14		vocational training in semi-technical or technical fields or
15		semi-skilled or skilled fields, which were deducted from gross
16		income in the computation of taxable income. The credit
17		against the tax imposed by subsections (a) and (b) shall be
18		1.6% of such training expenses. For partners, shareholders of
19		subchapter S corporations, and owners of limited liability
20		companies, if the liability company is treated as a
21		partnership for purposes of federal and State income taxation,
22		there shall be allowed a credit under this subsection (j) to be
23		determined in accordance with the determination of income and
24		distributive share of income under Sections 702 and 704 and
25		subchapter S of the Internal Revenue Code.
26		Any credit allowed under this subsection which is unused

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1		in the year the credit is earned may be carried forward to each
2		of the 5 taxable years following the year for which the credit
3		is first computed until it is used. This credit shall be
4		applied first to the earliest year for which there is a
5		liability. If there is a credit under this subsection from
6		more than one tax year that is available to offset a liability,
7		the earliest credit arising under this subsection shall be
8		applied first. No carryforward credit may be claimed in any
9		tax year ending on or after December 31, 2003.
10		(k) Research and development credit. For tax years ending
11		after July 1, 1990 and prior to December 31, 2003, and
12		beginning again for tax years ending on or after December 31,
13		2004, and ending prior to January 1, 2027, a taxpayer shall be
14		allowed a credit against the tax imposed by subsections (a)
15		and (b) of this Section for increasing research activities in
16		this State. The credit allowed against the tax imposed by
17		subsections (a) and (b) shall be equal to 6 1/2% of the
18		qualifying expenditures for increasing research activities in
19		this State. For partners, shareholders of subchapter S
20		corporations, and owners of limited liability companies, if
21		the liability company is treated as a partnership for purposes
22		of federal and State income taxation, there shall be allowed a
23		credit under this subsection to be determined in accordance
24		with the determination of income and distributive share of
25		income under Sections 702 and 704 and subchapter S of the
26		Internal Revenue Code.

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1		For purposes of this subsection, "qualifying expenditures"
2		means the qualifying expenditures as defined for the federal
3		credit for increasing research activities which would be
4		allowable under Section 41 of the Internal Revenue Code and
5		which are conducted in this State, "qualifying expenditures
6		for increasing research activities in this State" means the
7		excess of qualifying expenditures for the taxable year in
8		which incurred over qualifying expenditures for the base
9		period, "qualifying expenditures for the base period" means
10		the average of the qualifying expenditures for each year in
11		the base period, and "base period" means the 3 taxable years
12		immediately preceding the taxable year for which the
13		determination is being made.
14		Any credit in excess of the tax liability for the taxable
15		year may be carried forward. A taxpayer may elect to have the
16		unused credit shown on its final completed return carried over
17		as a credit against the tax liability for the following 5
18		taxable years or until it has been fully used, whichever
19		occurs first; provided that no credit earned in a tax year
20		ending prior to December 31, 2003 may be carried forward to any
21		year ending on or after December 31, 2003.
22		If an unused credit is carried forward to a given year from
23		2 or more earlier years, that credit arising in the earliest
24		year will be applied first against the tax liability for the
25		given year. If a tax liability for the given year still
26		remains, the credit from the next earliest year will then be

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1		applied, and so on, until all credits have been used or no tax
2		liability for the given year remains. Any remaining unused
3		credit or credits then will be carried forward to the next
4		following year in which a tax liability is incurred, except
5		that no credit can be carried forward to a year which is more
6		than 5 years after the year in which the expense for which the
7		credit is given was incurred.
8		No inference shall be drawn from Public Act 91-644 this
9		amendatory Act of the 91st General Assembly in construing this
10		Section for taxable years beginning before January 1, 1999.
11		It is the intent of the General Assembly that the research
12		and development credit under this subsection (k) shall apply
13		continuously for all tax years ending on or after December 31,
14		2004 and ending prior to January 1, 2027, including, but not
15		limited to, the period beginning on January 1, 2016 and ending
16		on July 6, 2017 (the effective date of Public Act 100-22) this
17		amendatory Act of the 100th General Assembly. All actions
18		taken in reliance on the continuation of the credit under this
19		subsection (k) by any taxpayer are hereby validated.
20		(l) Environmental Remediation Tax Credit.
21		(i) For tax years ending after December 31, 1997 and
22		on or before December 31, 2001, a taxpayer shall be
23		allowed a credit against the tax imposed by subsections
24		(a) and (b) of this Section for certain amounts paid for
25		unreimbursed eligible remediation costs, as specified in
26		this subsection. For purposes of this Section,

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1		"unreimbursed eligible remediation costs" means costs
2		approved by the Illinois Environmental Protection Agency
3		("Agency") under Section 58.14 of the Environmental
4		Protection Act that were paid in performing environmental
5		remediation at a site for which a No Further Remediation
6		Letter was issued by the Agency and recorded under Section
7		58.10 of the Environmental Protection Act. The credit must
8		be claimed for the taxable year in which Agency approval
9		of the eligible remediation costs is granted. The credit
10		is not available to any taxpayer if the taxpayer or any
11		related party caused or contributed to, in any material
12		respect, a release of regulated substances on, in, or
13		under the site that was identified and addressed by the
14		remedial action pursuant to the Site Remediation Program
15		of the Environmental Protection Act. After the Pollution
16		Control Board rules are adopted pursuant to the Illinois
17		Administrative Procedure Act for the administration and
18		enforcement of Section 58.9 of the Environmental
19		Protection Act, determinations as to credit availability
20		for purposes of this Section shall be made consistent with
21		those rules. For purposes of this Section, "taxpayer"
22		includes a person whose tax attributes the taxpayer has
23		succeeded to under Section 381 of the Internal Revenue
24		Code and "related party" includes the persons disallowed a
25		deduction for losses by paragraphs (b), (c), and (f)(1) of
26		Section 267 of the Internal Revenue Code by virtue of

SB2435 Enrolled - 2223 - LRB102 04062 AMC 14078 b
1		being a related taxpayer, as well as any of its partners.
2		The credit allowed against the tax imposed by subsections
3		(a) and (b) shall be equal to 25% of the unreimbursed
4		eligible remediation costs in excess of $100,000 per site,
5		except that the $100,000 threshold shall not apply to any
6		site contained in an enterprise zone as determined by the
7		Department of Commerce and Community Affairs (now
8		Department of Commerce and Economic Opportunity). The
9		total credit allowed shall not exceed $40,000 per year
10		with a maximum total of $150,000 per site. For partners
11		and shareholders of subchapter S corporations, there shall
12		be allowed a credit under this subsection to be determined
13		in accordance with the determination of income and
14		distributive share of income under Sections 702 and 704
15		and subchapter S of the Internal Revenue Code.
16		(ii) A credit allowed under this subsection that is
17		unused in the year the credit is earned may be carried
18		forward to each of the 5 taxable years following the year
19		for which the credit is first earned until it is used. The
20		term "unused credit" does not include any amounts of
21		unreimbursed eligible remediation costs in excess of the
22		maximum credit per site authorized under paragraph (i).
23		This credit shall be applied first to the earliest year
24		for which there is a liability. If there is a credit under
25		this subsection from more than one tax year that is
26		available to offset a liability, the earliest credit

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1		arising under this subsection shall be applied first. A
2		credit allowed under this subsection may be sold to a
3		buyer as part of a sale of all or part of the remediation
4		site for which the credit was granted. The purchaser of a
5		remediation site and the tax credit shall succeed to the
6		unused credit and remaining carry-forward period of the
7		seller. To perfect the transfer, the assignor shall record
8		the transfer in the chain of title for the site and provide
9		written notice to the Director of the Illinois Department
10		of Revenue of the assignor's intent to sell the
11		remediation site and the amount of the tax credit to be
12		transferred as a portion of the sale. In no event may a
13		credit be transferred to any taxpayer if the taxpayer or a
14		related party would not be eligible under the provisions
15		of subsection (i).
16		(iii) For purposes of this Section, the term "site"
17		shall have the same meaning as under Section 58.2 of the
18		Environmental Protection Act.
19		(m) Education expense credit. Beginning with tax years
20		ending after December 31, 1999, a taxpayer who is the
21		custodian of one or more qualifying pupils shall be allowed a
22		credit against the tax imposed by subsections (a) and (b) of
23		this Section for qualified education expenses incurred on
24		behalf of the qualifying pupils. The credit shall be equal to
25		25% of qualified education expenses, but in no event may the
26		total credit under this subsection claimed by a family that is

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1		the custodian of qualifying pupils exceed (i) $500 for tax
2		years ending prior to December 31, 2017, and (ii) $750 for tax
3		years ending on or after December 31, 2017. In no event shall a
4		credit under this subsection reduce the taxpayer's liability
5		under this Act to less than zero. Notwithstanding any other
6		provision of law, for taxable years beginning on or after
7		January 1, 2017, no taxpayer may claim a credit under this
8		subsection (m) if the taxpayer's adjusted gross income for the
9		taxable year exceeds (i) $500,000, in the case of spouses
10		filing a joint federal tax return or (ii) $250,000, in the case
11		of all other taxpayers. This subsection is exempt from the
12		provisions of Section 250 of this Act.
13		For purposes of this subsection:
14		"Qualifying pupils" means individuals who (i) are
15		residents of the State of Illinois, (ii) are under the age of
16		21 at the close of the school year for which a credit is
17		sought, and (iii) during the school year for which a credit is
18		sought were full-time pupils enrolled in a kindergarten
19		through twelfth grade education program at any school, as
20		defined in this subsection.
21		"Qualified education expense" means the amount incurred on
22		behalf of a qualifying pupil in excess of $250 for tuition,
23		book fees, and lab fees at the school in which the pupil is
24		enrolled during the regular school year.
25		"School" means any public or nonpublic elementary or
26		secondary school in Illinois that is in compliance with Title

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1		VI of the Civil Rights Act of 1964 and attendance at which
2		satisfies the requirements of Section 26-1 of the School Code,
3		except that nothing shall be construed to require a child to
4		attend any particular public or nonpublic school to qualify
5		for the credit under this Section.
6		"Custodian" means, with respect to qualifying pupils, an
7		Illinois resident who is a parent, the parents, a legal
8		guardian, or the legal guardians of the qualifying pupils.
9		(n) River Edge Redevelopment Zone site remediation tax
10		credit.
11		(i) For tax years ending on or after December 31,
12		2006, a taxpayer shall be allowed a credit against the tax
13		imposed by subsections (a) and (b) of this Section for
14		certain amounts paid for unreimbursed eligible remediation
15		costs, as specified in this subsection. For purposes of
16		this Section, "unreimbursed eligible remediation costs"
17		means costs approved by the Illinois Environmental
18		Protection Agency ("Agency") under Section 58.14a of the
19		Environmental Protection Act that were paid in performing
20		environmental remediation at a site within a River Edge
21		Redevelopment Zone for which a No Further Remediation
22		Letter was issued by the Agency and recorded under Section
23		58.10 of the Environmental Protection Act. The credit must
24		be claimed for the taxable year in which Agency approval
25		of the eligible remediation costs is granted. The credit
26		is not available to any taxpayer if the taxpayer or any

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1		related party caused or contributed to, in any material
2		respect, a release of regulated substances on, in, or
3		under the site that was identified and addressed by the
4		remedial action pursuant to the Site Remediation Program
5		of the Environmental Protection Act. Determinations as to
6		credit availability for purposes of this Section shall be
7		made consistent with rules adopted by the Pollution
8		Control Board pursuant to the Illinois Administrative
9		Procedure Act for the administration and enforcement of
10		Section 58.9 of the Environmental Protection Act. For
11		purposes of this Section, "taxpayer" includes a person
12		whose tax attributes the taxpayer has succeeded to under
13		Section 381 of the Internal Revenue Code and "related
14		party" includes the persons disallowed a deduction for
15		losses by paragraphs (b), (c), and (f)(1) of Section 267
16		of the Internal Revenue Code by virtue of being a related
17		taxpayer, as well as any of its partners. The credit
18		allowed against the tax imposed by subsections (a) and (b)
19		shall be equal to 25% of the unreimbursed eligible
20		remediation costs in excess of $100,000 per site.
21		(ii) A credit allowed under this subsection that is
22		unused in the year the credit is earned may be carried
23		forward to each of the 5 taxable years following the year
24		for which the credit is first earned until it is used. This
25		credit shall be applied first to the earliest year for
26		which there is a liability. If there is a credit under this

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1		subsection from more than one tax year that is available
2		to offset a liability, the earliest credit arising under
3		this subsection shall be applied first. A credit allowed
4		under this subsection may be sold to a buyer as part of a
5		sale of all or part of the remediation site for which the
6		credit was granted. The purchaser of a remediation site
7		and the tax credit shall succeed to the unused credit and
8		remaining carry-forward period of the seller. To perfect
9		the transfer, the assignor shall record the transfer in
10		the chain of title for the site and provide written notice
11		to the Director of the Illinois Department of Revenue of
12		the assignor's intent to sell the remediation site and the
13		amount of the tax credit to be transferred as a portion of
14		the sale. In no event may a credit be transferred to any
15		taxpayer if the taxpayer or a related party would not be
16		eligible under the provisions of subsection (i).
17		(iii) For purposes of this Section, the term "site"
18		shall have the same meaning as under Section 58.2 of the
19		Environmental Protection Act.
20		(o) For each of taxable years during the Compassionate Use
21		of Medical Cannabis Program, a surcharge is imposed on all
22		taxpayers on income arising from the sale or exchange of
23		capital assets, depreciable business property, real property
24		used in the trade or business, and Section 197 intangibles of
25		an organization registrant under the Compassionate Use of
26		Medical Cannabis Program Act. The amount of the surcharge is

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1		equal to the amount of federal income tax liability for the
2		taxable year attributable to those sales and exchanges. The
3		surcharge imposed does not apply if:
4		(1) the medical cannabis cultivation center
5		registration, medical cannabis dispensary registration, or
6		the property of a registration is transferred as a result
7		of any of the following:
8		(A) bankruptcy, a receivership, or a debt
9		adjustment initiated by or against the initial
10		registration or the substantial owners of the initial
11		registration;
12		(B) cancellation, revocation, or termination of
13		any registration by the Illinois Department of Public
14		Health;
15		(C) a determination by the Illinois Department of
16		Public Health that transfer of the registration is in
17		the best interests of Illinois qualifying patients as
18		defined by the Compassionate Use of Medical Cannabis
19		Program Act;
20		(D) the death of an owner of the equity interest in
21		a registrant;
22		(E) the acquisition of a controlling interest in
23		the stock or substantially all of the assets of a
24		publicly traded company;
25		(F) a transfer by a parent company to a wholly
26		owned subsidiary; or

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1		(G) the transfer or sale to or by one person to
2		another person where both persons were initial owners
3		of the registration when the registration was issued;
4		or
5		(2) the cannabis cultivation center registration,
6		medical cannabis dispensary registration, or the
7		controlling interest in a registrant's property is
8		transferred in a transaction to lineal descendants in
9		which no gain or loss is recognized or as a result of a
10		transaction in accordance with Section 351 of the Internal
11		Revenue Code in which no gain or loss is recognized.
12		(Source: P.A. 100-22, eff. 7-6-17; 101-8, see Section 99 for
13		effective date; 101-9, eff. 6-5-19; 101-31, eff. 6-28-19;
14		101-207, eff. 8-2-19; 101-363, eff. 8-9-19; revised 11-18-20.)
15		(35 ILCS 5/208) (from Ch. 120, par. 2-208)
16		(Text of Section without the changes made by P.A. 101-8,
17		which did not take effect (see Section 99 of P.A. 101-8))
18		Sec. 208. Tax credit for residential real property taxes.
19		Beginning with tax years ending on or after December 31, 1991,
20		every individual taxpayer shall be entitled to a tax credit
21		equal to 5% of real property taxes paid by such taxpayer during
22		the taxable year on the principal residence of the taxpayer.
23		In the case of multi-unit or multi-use structures and farm
24		dwellings, the taxes on the taxpayer's principal residence
25		shall be that portion of the total taxes which is attributable

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1		to such principal residence. Notwithstanding any other
2		provision of law, for taxable years beginning on or after
3		January 1, 2017, no taxpayer may claim a credit under this
4		Section if the taxpayer's adjusted gross income for the
5		taxable year exceeds (i) $500,000, in the case of spouses
6		filing a joint federal tax return, or (ii) $250,000, in the
7		case of all other taxpayers.
8		(Source: P.A. 100-22, eff. 7-6-17.)
9		(Text of Section with the changes made by P.A. 101-8,
10		which did not take effect (see Section 99 of P.A. 101-8))
11		Sec. 208. Tax credit for residential real property taxes.
12		Beginning with For tax years ending on or after December 31,
13		1991 and ending prior to December 31, 2021, every individual
14		taxpayer shall be entitled to a tax credit equal to 5% of real
15		property taxes paid by such taxpayer during the taxable year
16		on the principal residence of the taxpayer. For tax years
17		ending on or after December 31, 2021, every individual
18		taxpayer shall be entitled to a tax credit equal to 6% of real
19		property taxes paid by such taxpayer during the taxable year
20		on the principal residence of the taxpayer. In the case of
21		multi-unit or multi-use structures and farm dwellings, the
22		taxes on the taxpayer's principal residence shall be that
23		portion of the total taxes which is attributable to such
24		principal residence. Notwithstanding any other provision of
25		law, for taxable years beginning on or after January 1, 2017,

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1		no taxpayer may claim a credit under this Section if the
2		taxpayer's adjusted gross income for the taxable year exceeds
3		(i) $500,000, in the case of spouses filing a joint federal tax
4		return, or (ii) $250,000, in the case of all other taxpayers.
5		This Section is exempt from the provisions of Section 250.
6		(Source: P.A. 100-22, eff. 7-6-17; 101-8, see Section 99 for
7		effective date.)
8		(35 ILCS 5/502) (from Ch. 120, par. 5-502)
9		(Text of Section without the changes made by P.A. 101-8,
10		which did not take effect (see Section 99 of P.A. 101-8))
11		Sec. 502. Returns and notices.
12		(a) In general. A return with respect to the taxes imposed
13		by this Act shall be made by every person for any taxable year:
14		(1) for which such person is liable for a tax imposed
15		by this Act, or
16		(2) in the case of a resident or in the case of a
17		corporation which is qualified to do business in this
18		State, for which such person is required to make a federal
19		income tax return, regardless of whether such person is
20		liable for a tax imposed by this Act. However, this
21		paragraph shall not require a resident to make a return if
22		such person has an Illinois base income of the basic
23		amount in Section 204(b) or less and is either claimed as a
24		dependent on another person's tax return under the
25		Internal Revenue Code, or is claimed as a dependent on

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1		another person's tax return under this Act.
2		Notwithstanding the provisions of paragraph (1), a
3		nonresident (other than, for taxable years ending on or after
4		December 31, 2011, a nonresident required to withhold tax
5		under Section 709.5) whose Illinois income tax liability under
6		subsections (a), (b), (c), and (d) of Section 201 of this Act
7		is paid in full after taking into account the credits allowed
8		under subsection (f) of this Section or allowed under Section
9		709.5 of this Act shall not be required to file a return under
10		this subsection (a).
11		(b) Fiduciaries and receivers.
12		(1) Decedents. If an individual is deceased, any
13		return or notice required of such individual under this
14		Act shall be made by his executor, administrator, or other
15		person charged with the property of such decedent.
16		(2) Individuals under a disability. If an individual
17		is unable to make a return or notice required under this
18		Act, the return or notice required of such individual
19		shall be made by his duly authorized agent, guardian,
20		fiduciary or other person charged with the care of the
21		person or property of such individual.
22		(3) Estates and trusts. Returns or notices required of
23		an estate or a trust shall be made by the fiduciary
24		thereof.
25		(4) Receivers, trustees and assignees for
26		corporations. In a case where a receiver, trustee in

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1		bankruptcy, or assignee, by order of a court of competent
2		jurisdiction, by operation of law, or otherwise, has
3		possession of or holds title to all or substantially all
4		the property or business of a corporation, whether or not
5		such property or business is being operated, such
6		receiver, trustee, or assignee shall make the returns and
7		notices required of such corporation in the same manner
8		and form as corporations are required to make such returns
9		and notices.
10		(c) Joint returns by husband and wife.
11		(1) Except as provided in paragraph (3):
12		(A) if a husband and wife file a joint federal
13		income tax return for a taxable year ending before
14		December 31, 2009, they shall file a joint return
15		under this Act for such taxable year and their
16		liabilities shall be joint and several;
17		(B) if a husband and wife file a joint federal
18		income tax return for a taxable year ending on or after
19		December 31, 2009, they may elect to file separate
20		returns under this Act for such taxable year. The
21		election under this paragraph must be made on or
22		before the due date (including extensions) of the
23		return and, once made, shall be irrevocable. If no
24		election is timely made under this paragraph for a
25		taxable year:
26		(i) the couple must file a joint return under

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1		this Act for such taxable year,
2		(ii) their liabilities shall be joint and
3		several, and
4		(iii) any overpayment for that taxable year
5		may be withheld under Section 909 of this Act or
6		under Section 2505-275 of the Civil Administrative
7		Code of Illinois and applied against a debt of
8		either spouse without regard to the amount of the
9		overpayment attributable to the other spouse; and
10		(C) if the federal income tax liability of either
11		spouse is determined on a separate federal income tax
12		return, they shall file separate returns under this
13		Act.
14		(2) If neither spouse is required to file a federal
15		income tax return and either or both are required to file a
16		return under this Act, they may elect to file separate or
17		joint returns and pursuant to such election their
18		liabilities shall be separate or joint and several.
19		(3) If either husband or wife is a resident and the
20		other is a nonresident, they shall file separate returns
21		in this State on such forms as may be required by the
22		Department in which event their tax liabilities shall be
23		separate; but if they file a joint federal income tax
24		return for a taxable year, they may elect to determine
25		their joint net income and file a joint return for that
26		taxable year under the provisions of paragraph (1) of this

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1		subsection as if both were residents and in such case,
2		their liabilities shall be joint and several.
3		(4) Innocent spouses.
4		(A) However, for tax liabilities arising and paid
5		prior to August 13, 1999, an innocent spouse shall be
6		relieved of liability for tax (including interest and
7		penalties) for any taxable year for which a joint
8		return has been made, upon submission of proof that
9		the Internal Revenue Service has made a determination
10		under Section 6013(e) of the Internal Revenue Code,
11		for the same taxable year, which determination
12		relieved the spouse from liability for federal income
13		taxes. If there is no federal income tax liability at
14		issue for the same taxable year, the Department shall
15		rely on the provisions of Section 6013(e) to determine
16		whether the person requesting innocent spouse
17		abatement of tax, penalty, and interest is entitled to
18		that relief.
19		(B) For tax liabilities arising on and after
20		August 13, 1999 or which arose prior to that date, but
21		remain unpaid as of that date, if an individual who
22		filed a joint return for any taxable year has made an
23		election under this paragraph, the individual's
24		liability for any tax shown on the joint return shall
25		not exceed the individual's separate return amount and
26		the individual's liability for any deficiency assessed

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1		for that taxable year shall not exceed the portion of
2		the deficiency properly allocable to the individual.
3		For purposes of this paragraph:
4		(i) An election properly made pursuant to
5		Section 6015 of the Internal Revenue Code shall
6		constitute an election under this paragraph,
7		provided that the election shall not be effective
8		until the individual has notified the Department
9		of the election in the form and manner prescribed
10		by the Department.
11		(ii) If no election has been made under
12		Section 6015, the individual may make an election
13		under this paragraph in the form and manner
14		prescribed by the Department, provided that no
15		election may be made if the Department finds that
16		assets were transferred between individuals filing
17		a joint return as part of a scheme by such
18		individuals to avoid payment of Illinois income
19		tax and the election shall not eliminate the
20		individual's liability for any portion of a
21		deficiency attributable to an error on the return
22		of which the individual had actual knowledge as of
23		the date of filing.
24		(iii) In determining the separate return
25		amount or portion of any deficiency attributable
26		to an individual, the Department shall follow the

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1		provisions in subsections (c) and (d) of Section
2		6015 of the Internal Revenue Code.
3		(iv) In determining the validity of an
4		individual's election under subparagraph (ii) and
5		in determining an electing individual's separate
6		return amount or portion of any deficiency under
7		subparagraph (iii), any determination made by the
8		Secretary of the Treasury, by the United States
9		Tax Court on petition for review of a
10		determination by the Secretary of the Treasury, or
11		on appeal from the United States Tax Court under
12		Section 6015 of the Internal Revenue Code
13		regarding criteria for eligibility or under
14		subsection (d) of Section 6015 of the Internal
15		Revenue Code regarding the allocation of any item
16		of income, deduction, payment, or credit between
17		an individual making the federal election and that
18		individual's spouse shall be conclusively presumed
19		to be correct. With respect to any item that is not
20		the subject of a determination by the Secretary of
21		the Treasury or the federal courts, in any
22		proceeding involving this subsection, the
23		individual making the election shall have the
24		burden of proof with respect to any item except
25		that the Department shall have the burden of proof
26		with respect to items in subdivision (ii).

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1		(v) Any election made by an individual under
2		this subsection shall apply to all years for which
3		that individual and the spouse named in the
4		election have filed a joint return.
5		(vi) After receiving a notice that the federal
6		election has been made or after receiving an
7		election under subdivision (ii), the Department
8		shall take no collection action against the
9		electing individual for any liability arising from
10		a joint return covered by the election until the
11		Department has notified the electing individual in
12		writing that the election is invalid or of the
13		portion of the liability the Department has
14		allocated to the electing individual. Within 60
15		days (150 days if the individual is outside the
16		United States) after the issuance of such
17		notification, the individual may file a written
18		protest of the denial of the election or of the
19		Department's determination of the liability
20		allocated to him or her and shall be granted a
21		hearing within the Department under the provisions
22		of Section 908. If a protest is filed, the
23		Department shall take no collection action against
24		the electing individual until the decision
25		regarding the protest has become final under
26		subsection (d) of Section 908 or, if

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1		administrative review of the Department's decision
2		is requested under Section 1201, until the
3		decision of the court becomes final.
4		(d) Partnerships. Every partnership having any base income
5		allocable to this State in accordance with section 305(c)
6		shall retain information concerning all items of income, gain,
7		loss and deduction; the names and addresses of all of the
8		partners, or names and addresses of members of a limited
9		liability company, or other persons who would be entitled to
10		share in the base income of the partnership if distributed;
11		the amount of the distributive share of each; and such other
12		pertinent information as the Department may by forms or
13		regulations prescribe. The partnership shall make that
14		information available to the Department when requested by the
15		Department.
16		(e) For taxable years ending on or after December 31,
17		1985, and before December 31, 1993, taxpayers that are
18		corporations (other than Subchapter S corporations) having the
19		same taxable year and that are members of the same unitary
20		business group may elect to be treated as one taxpayer for
21		purposes of any original return, amended return which includes
22		the same taxpayers of the unitary group which joined in the
23		election to file the original return, extension, claim for
24		refund, assessment, collection and payment and determination
25		of the group's tax liability under this Act. This subsection
26		(e) does not permit the election to be made for some, but not

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1		all, of the purposes enumerated above. For taxable years
2		ending on or after December 31, 1987, corporate members (other
3		than Subchapter S corporations) of the same unitary business
4		group making this subsection (e) election are not required to
5		have the same taxable year.
6		For taxable years ending on or after December 31, 1993,
7		taxpayers that are corporations (other than Subchapter S
8		corporations) and that are members of the same unitary
9		business group shall be treated as one taxpayer for purposes
10		of any original return, amended return which includes the same
11		taxpayers of the unitary group which joined in filing the
12		original return, extension, claim for refund, assessment,
13		collection and payment and determination of the group's tax
14		liability under this Act.
15		(f) For taxable years ending prior to December 31, 2014,
16		the Department may promulgate regulations to permit
17		nonresident individual partners of the same partnership,
18		nonresident Subchapter S corporation shareholders of the same
19		Subchapter S corporation, and nonresident individuals
20		transacting an insurance business in Illinois under a Lloyds
21		plan of operation, and nonresident individual members of the
22		same limited liability company that is treated as a
23		partnership under Section 1501 (a)(16) of this Act, to file
24		composite individual income tax returns reflecting the
25		composite income of such individuals allocable to Illinois and
26		to make composite individual income tax payments. For taxable

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1		years ending prior to December 31, 2014, the Department may by
2		regulation also permit such composite returns to include the
3		income tax owed by Illinois residents attributable to their
4		income from partnerships, Subchapter S corporations, insurance
5		businesses organized under a Lloyds plan of operation, or
6		limited liability companies that are treated as partnership
7		under Section 1501(a)(16) of this Act, in which case such
8		Illinois residents will be permitted to claim credits on their
9		individual returns for their shares of the composite tax
10		payments. This paragraph of subsection (f) applies to taxable
11		years ending on or after December 31, 1987 and ending prior to
12		December 31, 2014.
13		For taxable years ending on or after December 31, 1999,
14		the Department may, by regulation, permit any persons
15		transacting an insurance business organized under a Lloyds
16		plan of operation to file composite returns reflecting the
17		income of such persons allocable to Illinois and the tax rates
18		applicable to such persons under Section 201 and to make
19		composite tax payments and shall, by regulation, also provide
20		that the income and apportionment factors attributable to the
21		transaction of an insurance business organized under a Lloyds
22		plan of operation by any person joining in the filing of a
23		composite return shall, for purposes of allocating and
24		apportioning income under Article 3 of this Act and computing
25		net income under Section 202 of this Act, be excluded from any
26		other income and apportionment factors of that person or of

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1		any unitary business group, as defined in subdivision (a)(27)
2		of Section 1501, to which that person may belong.
3		For taxable years ending on or after December 31, 2008,
4		every nonresident shall be allowed a credit against his or her
5		liability under subsections (a) and (b) of Section 201 for any
6		amount of tax reported on a composite return and paid on his or
7		her behalf under this subsection (f). Residents (other than
8		persons transacting an insurance business organized under a
9		Lloyds plan of operation) may claim a credit for taxes
10		reported on a composite return and paid on their behalf under
11		this subsection (f) only as permitted by the Department by
12		rule.
13		(f-5) For taxable years ending on or after December 31,
14		2008, the Department may adopt rules to provide that, when a
15		partnership or Subchapter S corporation has made an error in
16		determining the amount of any item of income, deduction,
17		addition, subtraction, or credit required to be reported on
18		its return that affects the liability imposed under this Act
19		on a partner or shareholder, the partnership or Subchapter S
20		corporation may report the changes in liabilities of its
21		partners or shareholders and claim a refund of the resulting
22		overpayments, or pay the resulting underpayments, on behalf of
23		its partners and shareholders.
24		(g) The Department may adopt rules to authorize the
25		electronic filing of any return required to be filed under
26		this Section.

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1		(Source: P.A. 97-507, eff. 8-23-11; 98-478, eff. 1-1-14.)
2		(Text of Section with the changes made by P.A. 101-8,
3		which did not take effect (see Section 99 of P.A. 101-8))
4		Sec. 502. Returns and notices.
5		(a) In general. A return with respect to the taxes imposed
6		by this Act shall be made by every person for any taxable year:
7		(1) for which such person is liable for a tax imposed
8		by this Act, or
9		(2) in the case of a resident or in the case of a
10		corporation which is qualified to do business in this
11		State, for which such person is required to make a federal
12		income tax return, regardless of whether such person is
13		liable for a tax imposed by this Act. However, this
14		paragraph shall not require a resident to make a return if
15		such person has an Illinois base income of the basic
16		amount in Section 204(b) or less and is either claimed as a
17		dependent on another person's tax return under the
18		Internal Revenue Code, or is claimed as a dependent on
19		another person's tax return under this Act.
20		Notwithstanding the provisions of paragraph (1), a
21		nonresident (other than, for taxable years ending on or after
22		December 31, 2011, a nonresident required to withhold tax
23		under Section 709.5) whose Illinois income tax liability under
24		subsections (a), (b), (c), and (d) of Section 201 of this Act
25		is paid in full after taking into account the credits allowed

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1		under subsection (f) of this Section or allowed under Section
2		709.5 of this Act shall not be required to file a return under
3		this subsection (a).
4		(b) Fiduciaries and receivers.
5		(1) Decedents. If an individual is deceased, any
6		return or notice required of such individual under this
7		Act shall be made by his executor, administrator, or other
8		person charged with the property of such decedent.
9		(2) Individuals under a disability. If an individual
10		is unable to make a return or notice required under this
11		Act, the return or notice required of such individual
12		shall be made by his duly authorized agent, guardian,
13		fiduciary or other person charged with the care of the
14		person or property of such individual.
15		(3) Estates and trusts. Returns or notices required of
16		an estate or a trust shall be made by the fiduciary
17		thereof.
18		(4) Receivers, trustees and assignees for
19		corporations. In a case where a receiver, trustee in
20		bankruptcy, or assignee, by order of a court of competent
21		jurisdiction, by operation of law, or otherwise, has
22		possession of or holds title to all or substantially all
23		the property or business of a corporation, whether or not
24		such property or business is being operated, such
25		receiver, trustee, or assignee shall make the returns and
26		notices required of such corporation in the same manner

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1		and form as corporations are required to make such returns
2		and notices.
3		(c) Joint returns by husband and wife spouses.
4		(1) Except as provided in paragraph (3):
5		(A) if a husband and wife spouses file a joint
6		federal income tax return for a taxable year ending
7		before December 31, 2009 or ending on or after
8		December 31, 2021, they shall file a joint return
9		under this Act for such taxable year and their
10		liabilities shall be joint and several;
11		(B) if a husband and wife spouses file a joint
12		federal income tax return for a taxable year ending on
13		or after December 31, 2009 and ending prior to
14		December 31, 2021, they may elect to file separate
15		returns under this Act for such taxable year. The
16		election under this paragraph must be made on or
17		before the due date (including extensions) of the
18		return and, once made, shall be irrevocable. If no
19		election is timely made under this paragraph for a
20		taxable year:
21		(i) the couple must file a joint return under
22		this Act for such taxable year,
23		(ii) their liabilities shall be joint and
24		several, and
25		(iii) any overpayment for that taxable year
26		may be withheld under Section 909 of this Act or

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1		under Section 2505-275 of the Civil Administrative
2		Code of Illinois and applied against a debt of
3		either spouse without regard to the amount of the
4		overpayment attributable to the other spouse; and
5		(C) if the federal income tax liability of either
6		spouse is determined on a separate federal income tax
7		return, they shall file separate returns under this
8		Act.
9		(2) If neither spouse is required to file a federal
10		income tax return and either or both are required to file a
11		return under this Act, they may elect to file separate or
12		joint returns and pursuant to such election their
13		liabilities shall be separate or joint and several.
14		(3) If either husband or wife spouse is a resident and
15		the other is a nonresident, they shall file separate
16		returns in this State on such forms as may be required by
17		the Department in which event their tax liabilities shall
18		be separate; but if they file a joint federal income tax
19		return for a taxable year, they may elect to determine
20		their joint net income and file a joint return for that
21		taxable year under the provisions of paragraph (1) of this
22		subsection as if both were residents and in such case,
23		their liabilities shall be joint and several.
24		(4) Innocent spouses.
25		(A) However, for tax liabilities arising and paid
26		prior to August 13, 1999, an innocent spouse shall be

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1		relieved of liability for tax (including interest and
2		penalties) for any taxable year for which a joint
3		return has been made, upon submission of proof that
4		the Internal Revenue Service has made a determination
5		under Section 6013(e) of the Internal Revenue Code,
6		for the same taxable year, which determination
7		relieved the spouse from liability for federal income
8		taxes. If there is no federal income tax liability at
9		issue for the same taxable year, the Department shall
10		rely on the provisions of Section 6013(e) to determine
11		whether the person requesting innocent spouse
12		abatement of tax, penalty, and interest is entitled to
13		that relief.
14		(B) For tax liabilities arising on and after
15		August 13, 1999 or which arose prior to that date, but
16		remain unpaid as of that date, if an individual who
17		filed a joint return for any taxable year has made an
18		election under this paragraph, the individual's
19		liability for any tax shown on the joint return shall
20		not exceed the individual's separate return amount and
21		the individual's liability for any deficiency assessed
22		for that taxable year shall not exceed the portion of
23		the deficiency properly allocable to the individual.
24		For purposes of this paragraph:
25		(i) An election properly made pursuant to
26		Section 6015 of the Internal Revenue Code shall

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1		constitute an election under this paragraph,
2		provided that the election shall not be effective
3		until the individual has notified the Department
4		of the election in the form and manner prescribed
5		by the Department.
6		(ii) If no election has been made under
7		Section 6015, the individual may make an election
8		under this paragraph in the form and manner
9		prescribed by the Department, provided that no
10		election may be made if the Department finds that
11		assets were transferred between individuals filing
12		a joint return as part of a scheme by such
13		individuals to avoid payment of Illinois income
14		tax and the election shall not eliminate the
15		individual's liability for any portion of a
16		deficiency attributable to an error on the return
17		of which the individual had actual knowledge as of
18		the date of filing.
19		(iii) In determining the separate return
20		amount or portion of any deficiency attributable
21		to an individual, the Department shall follow the
22		provisions in subsections (c) and (d) of Section
23		6015 of the Internal Revenue Code.
24		(iv) In determining the validity of an
25		individual's election under subparagraph (ii) and
26		in determining an electing individual's separate

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1		return amount or portion of any deficiency under
2		subparagraph (iii), any determination made by the
3		Secretary of the Treasury, by the United States
4		Tax Court on petition for review of a
5		determination by the Secretary of the Treasury, or
6		on appeal from the United States Tax Court under
7		Section 6015 of the Internal Revenue Code
8		regarding criteria for eligibility or under
9		subsection (d) of Section 6015 of the Internal
10		Revenue Code regarding the allocation of any item
11		of income, deduction, payment, or credit between
12		an individual making the federal election and that
13		individual's spouse shall be conclusively presumed
14		to be correct. With respect to any item that is not
15		the subject of a determination by the Secretary of
16		the Treasury or the federal courts, in any
17		proceeding involving this subsection, the
18		individual making the election shall have the
19		burden of proof with respect to any item except
20		that the Department shall have the burden of proof
21		with respect to items in subdivision (ii).
22		(v) Any election made by an individual under
23		this subsection shall apply to all years for which
24		that individual and the spouse named in the
25		election have filed a joint return.
26		(vi) After receiving a notice that the federal

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1		election has been made or after receiving an
2		election under subdivision (ii), the Department
3		shall take no collection action against the
4		electing individual for any liability arising from
5		a joint return covered by the election until the
6		Department has notified the electing individual in
7		writing that the election is invalid or of the
8		portion of the liability the Department has
9		allocated to the electing individual. Within 60
10		days (150 days if the individual is outside the
11		United States) after the issuance of such
12		notification, the individual may file a written
13		protest of the denial of the election or of the
14		Department's determination of the liability
15		allocated to him or her and shall be granted a
16		hearing within the Department under the provisions
17		of Section 908. If a protest is filed, the
18		Department shall take no collection action against
19		the electing individual until the decision
20		regarding the protest has become final under
21		subsection (d) of Section 908 or, if
22		administrative review of the Department's decision
23		is requested under Section 1201, until the
24		decision of the court becomes final.
25		(d) Partnerships. Every partnership having any base income
26		allocable to this State in accordance with section 305(c)

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1		shall retain information concerning all items of income, gain,
2		loss and deduction; the names and addresses of all of the
3		partners, or names and addresses of members of a limited
4		liability company, or other persons who would be entitled to
5		share in the base income of the partnership if distributed;
6		the amount of the distributive share of each; and such other
7		pertinent information as the Department may by forms or
8		regulations prescribe. The partnership shall make that
9		information available to the Department when requested by the
10		Department.
11		(e) For taxable years ending on or after December 31,
12		1985, and before December 31, 1993, taxpayers that are
13		corporations (other than Subchapter S corporations) having the
14		same taxable year and that are members of the same unitary
15		business group may elect to be treated as one taxpayer for
16		purposes of any original return, amended return which includes
17		the same taxpayers of the unitary group which joined in the
18		election to file the original return, extension, claim for
19		refund, assessment, collection and payment and determination
20		of the group's tax liability under this Act. This subsection
21		(e) does not permit the election to be made for some, but not
22		all, of the purposes enumerated above. For taxable years
23		ending on or after December 31, 1987, corporate members (other
24		than Subchapter S corporations) of the same unitary business
25		group making this subsection (e) election are not required to
26		have the same taxable year.

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1		For taxable years ending on or after December 31, 1993,
2		taxpayers that are corporations (other than Subchapter S
3		corporations) and that are members of the same unitary
4		business group shall be treated as one taxpayer for purposes
5		of any original return, amended return which includes the same
6		taxpayers of the unitary group which joined in filing the
7		original return, extension, claim for refund, assessment,
8		collection and payment and determination of the group's tax
9		liability under this Act.
10		(f) For taxable years ending prior to December 31, 2014,
11		the Department may promulgate regulations to permit
12		nonresident individual partners of the same partnership,
13		nonresident Subchapter S corporation shareholders of the same
14		Subchapter S corporation, and nonresident individuals
15		transacting an insurance business in Illinois under a Lloyds
16		plan of operation, and nonresident individual members of the
17		same limited liability company that is treated as a
18		partnership under Section 1501 (a)(16) of this Act, to file
19		composite individual income tax returns reflecting the
20		composite income of such individuals allocable to Illinois and
21		to make composite individual income tax payments. For taxable
22		years ending prior to December 31, 2014, the Department may by
23		regulation also permit such composite returns to include the
24		income tax owed by Illinois residents attributable to their
25		income from partnerships, Subchapter S corporations, insurance
26		businesses organized under a Lloyds plan of operation, or

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1		limited liability companies that are treated as partnership
2		under Section 1501(a)(16) of this Act, in which case such
3		Illinois residents will be permitted to claim credits on their
4		individual returns for their shares of the composite tax
5		payments. This paragraph of subsection (f) applies to taxable
6		years ending on or after December 31, 1987 and ending prior to
7		December 31, 2014.
8		For taxable years ending on or after December 31, 1999,
9		the Department may, by regulation, permit any persons
10		transacting an insurance business organized under a Lloyds
11		plan of operation to file composite returns reflecting the
12		income of such persons allocable to Illinois and the tax rates
13		applicable to such persons under Section 201 and to make
14		composite tax payments and shall, by regulation, also provide
15		that the income and apportionment factors attributable to the
16		transaction of an insurance business organized under a Lloyds
17		plan of operation by any person joining in the filing of a
18		composite return shall, for purposes of allocating and
19		apportioning income under Article 3 of this Act and computing
20		net income under Section 202 of this Act, be excluded from any
21		other income and apportionment factors of that person or of
22		any unitary business group, as defined in subdivision (a)(27)
23		of Section 1501, to which that person may belong.
24		For taxable years ending on or after December 31, 2008,
25		every nonresident shall be allowed a credit against his or her
26		liability under subsections (a) and (b) of Section 201 for any

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1		amount of tax reported on a composite return and paid on his or
2		her behalf under this subsection (f). Residents (other than
3		persons transacting an insurance business organized under a
4		Lloyds plan of operation) may claim a credit for taxes
5		reported on a composite return and paid on their behalf under
6		this subsection (f) only as permitted by the Department by
7		rule.
8		(f-5) For taxable years ending on or after December 31,
9		2008, the Department may adopt rules to provide that, when a
10		partnership or Subchapter S corporation has made an error in
11		determining the amount of any item of income, deduction,
12		addition, subtraction, or credit required to be reported on
13		its return that affects the liability imposed under this Act
14		on a partner or shareholder, the partnership or Subchapter S
15		corporation may report the changes in liabilities of its
16		partners or shareholders and claim a refund of the resulting
17		overpayments, or pay the resulting underpayments, on behalf of
18		its partners and shareholders.
19		(g) The Department may adopt rules to authorize the
20		electronic filing of any return required to be filed under
21		this Section.
22		(Source: P.A. 101-8, see Section 99 for effective date.)
23		(35 ILCS 5/901)
24		(Text of Section without the changes made by P.A. 101-8,
25		which did not take effect (see Section 99 of P.A. 101-8))

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1		Sec. 901. Collection authority.
2		(a) In general. The Department shall collect the taxes
3		imposed by this Act. The Department shall collect certified
4		past due child support amounts under Section 2505-650 of the
5		Department of Revenue Law of the Civil Administrative Code of
6		Illinois. Except as provided in subsections (b), (c), (e),
7		(f), (g), and (h) of this Section, money collected pursuant to
8		subsections (a) and (b) of Section 201 of this Act shall be
9		paid into the General Revenue Fund in the State treasury;
10		money collected pursuant to subsections (c) and (d) of Section
11		201 of this Act shall be paid into the Personal Property Tax
12		Replacement Fund, a special fund in the State Treasury; and
13		money collected under Section 2505-650 of the Department of
14		Revenue Law of the Civil Administrative Code of Illinois shall
15		be paid into the Child Support Enforcement Trust Fund, a
16		special fund outside the State Treasury, or to the State
17		Disbursement Unit established under Section 10-26 of the
18		Illinois Public Aid Code, as directed by the Department of
19		Healthcare and Family Services.
20		(b) Local Government Distributive Fund. Beginning August
21		1, 2017, the Treasurer shall transfer each month from the
22		General Revenue Fund to the Local Government Distributive Fund
23		an amount equal to the sum of (i) 6.06% (10% of the ratio of
24		the 3% individual income tax rate prior to 2011 to the 4.95%
25		individual income tax rate after July 1, 2017) of the net
26		revenue realized from the tax imposed by subsections (a) and

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1		(b) of Section 201 of this Act upon individuals, trusts, and
2		estates during the preceding month and (ii) 6.85% (10% of the
3		ratio of the 4.8% corporate income tax rate prior to 2011 to
4		the 7% corporate income tax rate after July 1, 2017) of the net
5		revenue realized from the tax imposed by subsections (a) and
6		(b) of Section 201 of this Act upon corporations during the
7		preceding month. Net revenue realized for a month shall be
8		defined as the revenue from the tax imposed by subsections (a)
9		and (b) of Section 201 of this Act which is deposited in the
10		General Revenue Fund, the Education Assistance Fund, the
11		Income Tax Surcharge Local Government Distributive Fund, the
12		Fund for the Advancement of Education, and the Commitment to
13		Human Services Fund during the month minus the amount paid out
14		of the General Revenue Fund in State warrants during that same
15		month as refunds to taxpayers for overpayment of liability
16		under the tax imposed by subsections (a) and (b) of Section 201
17		of this Act.
18		Notwithstanding any provision of law to the contrary,
19		beginning on July 6, 2017 (the effective date of Public Act
20		100-23), those amounts required under this subsection (b) to
21		be transferred by the Treasurer into the Local Government
22		Distributive Fund from the General Revenue Fund shall be
23		directly deposited into the Local Government Distributive Fund
24		as the revenue is realized from the tax imposed by subsections
25		(a) and (b) of Section 201 of this Act.
26		For State fiscal year 2020 only, notwithstanding any

SB2435 Enrolled - 2258 - LRB102 04062 AMC 14078 b
1		provision of law to the contrary, the total amount of revenue
2		and deposits under this Section attributable to revenues
3		realized during State fiscal year 2020 shall be reduced by 5%.
4		(c) Deposits Into Income Tax Refund Fund.
5		(1) Beginning on January 1, 1989 and thereafter, the
6		Department shall deposit a percentage of the amounts
7		collected pursuant to subsections (a) and (b)(1), (2), and
8		(3) of Section 201 of this Act into a fund in the State
9		treasury known as the Income Tax Refund Fund. Beginning
10		with State fiscal year 1990 and for each fiscal year
11		thereafter, the percentage deposited into the Income Tax
12		Refund Fund during a fiscal year shall be the Annual
13		Percentage. For fiscal year 2011, the Annual Percentage
14		shall be 8.75%. For fiscal year 2012, the Annual
15		Percentage shall be 8.75%. For fiscal year 2013, the
16		Annual Percentage shall be 9.75%. For fiscal year 2014,
17		the Annual Percentage shall be 9.5%. For fiscal year 2015,
18		the Annual Percentage shall be 10%. For fiscal year 2018,
19		the Annual Percentage shall be 9.8%. For fiscal year 2019,
20		the Annual Percentage shall be 9.7%. For fiscal year 2020,
21		the Annual Percentage shall be 9.5%. For fiscal year 2021,
22		the Annual Percentage shall be 9%. For all other fiscal
23		years, the Annual Percentage shall be calculated as a
24		fraction, the numerator of which shall be the amount of
25		refunds approved for payment by the Department during the
26		preceding fiscal year as a result of overpayment of tax

SB2435 Enrolled - 2259 - LRB102 04062 AMC 14078 b
1		liability under subsections (a) and (b)(1), (2), and (3)
2		of Section 201 of this Act plus the amount of such refunds
3		remaining approved but unpaid at the end of the preceding
4		fiscal year, minus the amounts transferred into the Income
5		Tax Refund Fund from the Tobacco Settlement Recovery Fund,
6		and the denominator of which shall be the amounts which
7		will be collected pursuant to subsections (a) and (b)(1),
8		(2), and (3) of Section 201 of this Act during the
9		preceding fiscal year; except that in State fiscal year
10		2002, the Annual Percentage shall in no event exceed 7.6%.
11		The Director of Revenue shall certify the Annual
12		Percentage to the Comptroller on the last business day of
13		the fiscal year immediately preceding the fiscal year for
14		which it is to be effective.
15		(2) Beginning on January 1, 1989 and thereafter, the
16		Department shall deposit a percentage of the amounts
17		collected pursuant to subsections (a) and (b)(6), (7), and
18		(8), (c) and (d) of Section 201 of this Act into a fund in
19		the State treasury known as the Income Tax Refund Fund.
20		Beginning with State fiscal year 1990 and for each fiscal
21		year thereafter, the percentage deposited into the Income
22		Tax Refund Fund during a fiscal year shall be the Annual
23		Percentage. For fiscal year 2011, the Annual Percentage
24		shall be 17.5%. For fiscal year 2012, the Annual
25		Percentage shall be 17.5%. For fiscal year 2013, the
26		Annual Percentage shall be 14%. For fiscal year 2014, the

SB2435 Enrolled - 2260 - LRB102 04062 AMC 14078 b
1		Annual Percentage shall be 13.4%. For fiscal year 2015,
2		the Annual Percentage shall be 14%. For fiscal year 2018,
3		the Annual Percentage shall be 17.5%. For fiscal year
4		2019, the Annual Percentage shall be 15.5%. For fiscal
5		year 2020, the Annual Percentage shall be 14.25%. For
6		fiscal year 2021, the Annual Percentage shall be 14%. For
7		all other fiscal years, the Annual Percentage shall be
8		calculated as a fraction, the numerator of which shall be
9		the amount of refunds approved for payment by the
10		Department during the preceding fiscal year as a result of
11		overpayment of tax liability under subsections (a) and
12		(b)(6), (7), and (8), (c) and (d) of Section 201 of this
13		Act plus the amount of such refunds remaining approved but
14		unpaid at the end of the preceding fiscal year, and the
15		denominator of which shall be the amounts which will be
16		collected pursuant to subsections (a) and (b)(6), (7), and
17		(8), (c) and (d) of Section 201 of this Act during the
18		preceding fiscal year; except that in State fiscal year
19		2002, the Annual Percentage shall in no event exceed 23%.
20		The Director of Revenue shall certify the Annual
21		Percentage to the Comptroller on the last business day of
22		the fiscal year immediately preceding the fiscal year for
23		which it is to be effective.
24		(3) The Comptroller shall order transferred and the
25		Treasurer shall transfer from the Tobacco Settlement
26		Recovery Fund to the Income Tax Refund Fund (i)

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1		$35,000,000 in January, 2001, (ii) $35,000,000 in January,
2		2002, and (iii) $35,000,000 in January, 2003.
3		(d) Expenditures from Income Tax Refund Fund.
4		(1) Beginning January 1, 1989, money in the Income Tax
5		Refund Fund shall be expended exclusively for the purpose
6		of paying refunds resulting from overpayment of tax
7		liability under Section 201 of this Act and for making
8		transfers pursuant to this subsection (d).
9		(2) The Director shall order payment of refunds
10		resulting from overpayment of tax liability under Section
11		201 of this Act from the Income Tax Refund Fund only to the
12		extent that amounts collected pursuant to Section 201 of
13		this Act and transfers pursuant to this subsection (d) and
14		item (3) of subsection (c) have been deposited and
15		retained in the Fund.
16		(3) As soon as possible after the end of each fiscal
17		year, the Director shall order transferred and the State
18		Treasurer and State Comptroller shall transfer from the
19		Income Tax Refund Fund to the Personal Property Tax
20		Replacement Fund an amount, certified by the Director to
21		the Comptroller, equal to the excess of the amount
22		collected pursuant to subsections (c) and (d) of Section
23		201 of this Act deposited into the Income Tax Refund Fund
24		during the fiscal year over the amount of refunds
25		resulting from overpayment of tax liability under
26		subsections (c) and (d) of Section 201 of this Act paid

SB2435 Enrolled - 2262 - LRB102 04062 AMC 14078 b
1		from the Income Tax Refund Fund during the fiscal year.
2		(4) As soon as possible after the end of each fiscal
3		year, the Director shall order transferred and the State
4		Treasurer and State Comptroller shall transfer from the
5		Personal Property Tax Replacement Fund to the Income Tax
6		Refund Fund an amount, certified by the Director to the
7		Comptroller, equal to the excess of the amount of refunds
8		resulting from overpayment of tax liability under
9		subsections (c) and (d) of Section 201 of this Act paid
10		from the Income Tax Refund Fund during the fiscal year
11		over the amount collected pursuant to subsections (c) and
12		(d) of Section 201 of this Act deposited into the Income
13		Tax Refund Fund during the fiscal year.
14		(4.5) As soon as possible after the end of fiscal year
15		1999 and of each fiscal year thereafter, the Director
16		shall order transferred and the State Treasurer and State
17		Comptroller shall transfer from the Income Tax Refund Fund
18		to the General Revenue Fund any surplus remaining in the
19		Income Tax Refund Fund as of the end of such fiscal year;
20		excluding for fiscal years 2000, 2001, and 2002 amounts
21		attributable to transfers under item (3) of subsection (c)
22		less refunds resulting from the earned income tax credit.
23		(5) This Act shall constitute an irrevocable and
24		continuing appropriation from the Income Tax Refund Fund
25		for the purpose of paying refunds upon the order of the
26		Director in accordance with the provisions of this

SB2435 Enrolled - 2263 - LRB102 04062 AMC 14078 b
1		Section.
2		(e) Deposits into the Education Assistance Fund and the
3		Income Tax Surcharge Local Government Distributive Fund. On
4		July 1, 1991, and thereafter, of the amounts collected
5		pursuant to subsections (a) and (b) of Section 201 of this Act,
6		minus deposits into the Income Tax Refund Fund, the Department
7		shall deposit 7.3% into the Education Assistance Fund in the
8		State Treasury. Beginning July 1, 1991, and continuing through
9		January 31, 1993, of the amounts collected pursuant to
10		subsections (a) and (b) of Section 201 of the Illinois Income
11		Tax Act, minus deposits into the Income Tax Refund Fund, the
12		Department shall deposit 3.0% into the Income Tax Surcharge
13		Local Government Distributive Fund in the State Treasury.
14		Beginning February 1, 1993 and continuing through June 30,
15		1993, of the amounts collected pursuant to subsections (a) and
16		(b) of Section 201 of the Illinois Income Tax Act, minus
17		deposits into the Income Tax Refund Fund, the Department shall
18		deposit 4.4% into the Income Tax Surcharge Local Government
19		Distributive Fund in the State Treasury. Beginning July 1,
20		1993, and continuing through June 30, 1994, of the amounts
21		collected under subsections (a) and (b) of Section 201 of this
22		Act, minus deposits into the Income Tax Refund Fund, the
23		Department shall deposit 1.475% into the Income Tax Surcharge
24		Local Government Distributive Fund in the State Treasury.
25		(f) Deposits into the Fund for the Advancement of
26		Education. Beginning February 1, 2015, the Department shall

SB2435 Enrolled - 2264 - LRB102 04062 AMC 14078 b
1		deposit the following portions of the revenue realized from
2		the tax imposed upon individuals, trusts, and estates by
3		subsections (a) and (b) of Section 201 of this Act, minus
4		deposits into the Income Tax Refund Fund, into the Fund for the
5		Advancement of Education:
6		(1) beginning February 1, 2015, and prior to February
7		1, 2025, 1/30; and
8		(2) beginning February 1, 2025, 1/26.
9		If the rate of tax imposed by subsection (a) and (b) of
10		Section 201 is reduced pursuant to Section 201.5 of this Act,
11		the Department shall not make the deposits required by this
12		subsection (f) on or after the effective date of the
13		reduction.
14		(g) Deposits into the Commitment to Human Services Fund.
15		Beginning February 1, 2015, the Department shall deposit the
16		following portions of the revenue realized from the tax
17		imposed upon individuals, trusts, and estates by subsections
18		(a) and (b) of Section 201 of this Act, minus deposits into the
19		Income Tax Refund Fund, into the Commitment to Human Services
20		Fund:
21		(1) beginning February 1, 2015, and prior to February
22		1, 2025, 1/30; and
23		(2) beginning February 1, 2025, 1/26.
24		If the rate of tax imposed by subsection (a) and (b) of
25		Section 201 is reduced pursuant to Section 201.5 of this Act,
26		the Department shall not make the deposits required by this

SB2435 Enrolled - 2265 - LRB102 04062 AMC 14078 b
1		subsection (g) on or after the effective date of the
2		reduction.
3		(h) Deposits into the Tax Compliance and Administration
4		Fund. Beginning on the first day of the first calendar month to
5		occur on or after August 26, 2014 (the effective date of Public
6		Act 98-1098), each month the Department shall pay into the Tax
7		Compliance and Administration Fund, to be used, subject to
8		appropriation, to fund additional auditors and compliance
9		personnel at the Department, an amount equal to 1/12 of 5% of
10		the cash receipts collected during the preceding fiscal year
11		by the Audit Bureau of the Department from the tax imposed by
12		subsections (a), (b), (c), and (d) of Section 201 of this Act,
13		net of deposits into the Income Tax Refund Fund made from those
14		cash receipts.
15		(Source: P.A. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17;
16		100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
17		8-14-18; 100-1171, eff. 1-4-19; 101-10, eff. 6-5-19; 101-81,
18		eff. 7-12-19; 101-636, eff. 6-10-20.)
19		(Text of Section with the changes made by P.A. 101-8,
20		which did not take effect (see Section 99 of P.A. 101-8))
21		Sec. 901. Collection authority.
22		(a) In general. The Department shall collect the taxes
23		imposed by this Act. The Department shall collect certified
24		past due child support amounts under Section 2505-650 of the
25		Department of Revenue Law of the Civil Administrative Code of

SB2435 Enrolled - 2266 - LRB102 04062 AMC 14078 b
1		Illinois. Except as provided in subsections (b), (c), (e),
2		(f), (g), and (h) of this Section, money collected pursuant to
3		subsections (a) and (b) of Section 201 of this Act shall be
4		paid into the General Revenue Fund in the State treasury;
5		money collected pursuant to subsections (c) and (d) of Section
6		201 of this Act shall be paid into the Personal Property Tax
7		Replacement Fund, a special fund in the State Treasury; and
8		money collected under Section 2505-650 of the Department of
9		Revenue Law of the Civil Administrative Code of Illinois shall
10		be paid into the Child Support Enforcement Trust Fund, a
11		special fund outside the State Treasury, or to the State
12		Disbursement Unit established under Section 10-26 of the
13		Illinois Public Aid Code, as directed by the Department of
14		Healthcare and Family Services.
15		(b) Local Government Distributive Fund. Beginning August
16		1, 2017 and continuing through January 31, 2021, the Treasurer
17		shall transfer each month from the General Revenue Fund to the
18		Local Government Distributive Fund an amount equal to the sum
19		of (i) 6.06% (10% of the ratio of the 3% individual income tax
20		rate prior to 2011 to the 4.95% individual income tax rate
21		after July 1, 2017) of the net revenue realized from the tax
22		imposed by subsections (a) and (b) of Section 201 of this Act
23		upon individuals, trusts, and estates during the preceding
24		month and (ii) 6.85% (10% of the ratio of the 4.8% corporate
25		income tax rate prior to 2011 to the 7% corporate income tax
26		rate after July 1, 2017) of the net revenue realized from the

SB2435 Enrolled - 2267 - LRB102 04062 AMC 14078 b
1		tax imposed by subsections (a) and (b) of Section 201 of this
2		Act upon corporations during the preceding month. Beginning
3		February 1, 2021, the Treasurer shall transfer each month from
4		the General Revenue Fund to the Local Government Distributive
5		Fund an amount equal to the sum of (i) 5.32% of the net revenue
6		realized from the tax imposed by subsections (a) and (b) of
7		Section 201 of this Act upon individuals, trusts, and estates
8		during the preceding month and (ii) 6.16% of the net revenue
9		realized from the tax imposed by subsections (a) and (b) of
10		Section 201 of this Act upon corporations during the preceding
11		month. Net revenue realized for a month shall be defined as the
12		revenue from the tax imposed by subsections (a) and (b) of
13		Section 201 of this Act which is deposited in the General
14		Revenue Fund, the Education Assistance Fund, the Income Tax
15		Surcharge Local Government Distributive Fund, the Fund for the
16		Advancement of Education, and the Commitment to Human Services
17		Fund during the month minus the amount paid out of the General
18		Revenue Fund in State warrants during that same month as
19		refunds to taxpayers for overpayment of liability under the
20		tax imposed by subsections (a) and (b) of Section 201 of this
21		Act.
22		Notwithstanding any provision of law to the contrary,
23		beginning on July 6, 2017 (the effective date of Public Act
24		100-23), those amounts required under this subsection (b) to
25		be transferred by the Treasurer into the Local Government
26		Distributive Fund from the General Revenue Fund shall be

SB2435 Enrolled - 2268 - LRB102 04062 AMC 14078 b
1		directly deposited into the Local Government Distributive Fund
2		as the revenue is realized from the tax imposed by subsections
3		(a) and (b) of Section 201 of this Act.
4		For State fiscal year 2020 only, notwithstanding any
5		provision of law to the contrary, the total amount of revenue
6		and deposits under this Section attributable to revenues
7		realized during State fiscal year 2020 shall be reduced by 5%.
8		(c) Deposits Into Income Tax Refund Fund.
9		(1) Beginning on January 1, 1989 and thereafter, the
10		Department shall deposit a percentage of the amounts
11		collected pursuant to subsections (a) and (b)(1), (2), and
12		(3) of Section 201 of this Act into a fund in the State
13		treasury known as the Income Tax Refund Fund. Beginning
14		with State fiscal year 1990 and for each fiscal year
15		thereafter, the percentage deposited into the Income Tax
16		Refund Fund during a fiscal year shall be the Annual
17		Percentage. For fiscal year 2011, the Annual Percentage
18		shall be 8.75%. For fiscal year 2012, the Annual
19		Percentage shall be 8.75%. For fiscal year 2013, the
20		Annual Percentage shall be 9.75%. For fiscal year 2014,
21		the Annual Percentage shall be 9.5%. For fiscal year 2015,
22		the Annual Percentage shall be 10%. For fiscal year 2018,
23		the Annual Percentage shall be 9.8%. For fiscal year 2019,
24		the Annual Percentage shall be 9.7%. For fiscal year 2020,
25		the Annual Percentage shall be 9.5%. For fiscal year 2021,
26		the Annual Percentage shall be 9%. For all other fiscal

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1		years, the Annual Percentage shall be calculated as a
2		fraction, the numerator of which shall be the amount of
3		refunds approved for payment by the Department during the
4		preceding fiscal year as a result of overpayment of tax
5		liability under subsections (a) and (b)(1), (2), and (3)
6		of Section 201 of this Act plus the amount of such refunds
7		remaining approved but unpaid at the end of the preceding
8		fiscal year, minus the amounts transferred into the Income
9		Tax Refund Fund from the Tobacco Settlement Recovery Fund,
10		and the denominator of which shall be the amounts which
11		will be collected pursuant to subsections (a) and (b)(1),
12		(2), and (3) of Section 201 of this Act during the
13		preceding fiscal year; except that in State fiscal year
14		2002, the Annual Percentage shall in no event exceed 7.6%.
15		The Director of Revenue shall certify the Annual
16		Percentage to the Comptroller on the last business day of
17		the fiscal year immediately preceding the fiscal year for
18		which it is to be effective.
19		(2) Beginning on January 1, 1989 and thereafter, the
20		Department shall deposit a percentage of the amounts
21		collected pursuant to subsections (a) and (b)(6), (7), and
22		(8), (c) and (d) of Section 201 of this Act into a fund in
23		the State treasury known as the Income Tax Refund Fund.
24		Beginning with State fiscal year 1990 and for each fiscal
25		year thereafter, the percentage deposited into the Income
26		Tax Refund Fund during a fiscal year shall be the Annual

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1		Percentage. For fiscal year 2011, the Annual Percentage
2		shall be 17.5%. For fiscal year 2012, the Annual
3		Percentage shall be 17.5%. For fiscal year 2013, the
4		Annual Percentage shall be 14%. For fiscal year 2014, the
5		Annual Percentage shall be 13.4%. For fiscal year 2015,
6		the Annual Percentage shall be 14%. For fiscal year 2018,
7		the Annual Percentage shall be 17.5%. For fiscal year
8		2019, the Annual Percentage shall be 15.5%. For fiscal
9		year 2020, the Annual Percentage shall be 14.25%. For
10		fiscal year 2021, the Annual Percentage shall be 14%. For
11		all other fiscal years, the Annual Percentage shall be
12		calculated as a fraction, the numerator of which shall be
13		the amount of refunds approved for payment by the
14		Department during the preceding fiscal year as a result of
15		overpayment of tax liability under subsections (a) and
16		(b)(6), (7), and (8), (c) and (d) of Section 201 of this
17		Act plus the amount of such refunds remaining approved but
18		unpaid at the end of the preceding fiscal year, and the
19		denominator of which shall be the amounts which will be
20		collected pursuant to subsections (a) and (b)(6), (7), and
21		(8), (c) and (d) of Section 201 of this Act during the
22		preceding fiscal year; except that in State fiscal year
23		2002, the Annual Percentage shall in no event exceed 23%.
24		The Director of Revenue shall certify the Annual
25		Percentage to the Comptroller on the last business day of
26		the fiscal year immediately preceding the fiscal year for

SB2435 Enrolled - 2271 - LRB102 04062 AMC 14078 b
1		which it is to be effective.
2		(3) The Comptroller shall order transferred and the
3		Treasurer shall transfer from the Tobacco Settlement
4		Recovery Fund to the Income Tax Refund Fund (i)
5		$35,000,000 in January, 2001, (ii) $35,000,000 in January,
6		2002, and (iii) $35,000,000 in January, 2003.
7		(d) Expenditures from Income Tax Refund Fund.
8		(1) Beginning January 1, 1989, money in the Income Tax
9		Refund Fund shall be expended exclusively for the purpose
10		of paying refunds resulting from overpayment of tax
11		liability under Section 201 of this Act and for making
12		transfers pursuant to this subsection (d).
13		(2) The Director shall order payment of refunds
14		resulting from overpayment of tax liability under Section
15		201 of this Act from the Income Tax Refund Fund only to the
16		extent that amounts collected pursuant to Section 201 of
17		this Act and transfers pursuant to this subsection (d) and
18		item (3) of subsection (c) have been deposited and
19		retained in the Fund.
20		(3) As soon as possible after the end of each fiscal
21		year, the Director shall order transferred and the State
22		Treasurer and State Comptroller shall transfer from the
23		Income Tax Refund Fund to the Personal Property Tax
24		Replacement Fund an amount, certified by the Director to
25		the Comptroller, equal to the excess of the amount
26		collected pursuant to subsections (c) and (d) of Section

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1		201 of this Act deposited into the Income Tax Refund Fund
2		during the fiscal year over the amount of refunds
3		resulting from overpayment of tax liability under
4		subsections (c) and (d) of Section 201 of this Act paid
5		from the Income Tax Refund Fund during the fiscal year.
6		(4) As soon as possible after the end of each fiscal
7		year, the Director shall order transferred and the State
8		Treasurer and State Comptroller shall transfer from the
9		Personal Property Tax Replacement Fund to the Income Tax
10		Refund Fund an amount, certified by the Director to the
11		Comptroller, equal to the excess of the amount of refunds
12		resulting from overpayment of tax liability under
13		subsections (c) and (d) of Section 201 of this Act paid
14		from the Income Tax Refund Fund during the fiscal year
15		over the amount collected pursuant to subsections (c) and
16		(d) of Section 201 of this Act deposited into the Income
17		Tax Refund Fund during the fiscal year.
18		(4.5) As soon as possible after the end of fiscal year
19		1999 and of each fiscal year thereafter, the Director
20		shall order transferred and the State Treasurer and State
21		Comptroller shall transfer from the Income Tax Refund Fund
22		to the General Revenue Fund any surplus remaining in the
23		Income Tax Refund Fund as of the end of such fiscal year;
24		excluding for fiscal years 2000, 2001, and 2002 amounts
25		attributable to transfers under item (3) of subsection (c)
26		less refunds resulting from the earned income tax credit.

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1		(5) This Act shall constitute an irrevocable and
2		continuing appropriation from the Income Tax Refund Fund
3		for the purpose of paying refunds upon the order of the
4		Director in accordance with the provisions of this
5		Section.
6		(e) Deposits into the Education Assistance Fund and the
7		Income Tax Surcharge Local Government Distributive Fund. On
8		July 1, 1991, and thereafter, of the amounts collected
9		pursuant to subsections (a) and (b) of Section 201 of this Act,
10		minus deposits into the Income Tax Refund Fund, the Department
11		shall deposit 7.3% into the Education Assistance Fund in the
12		State Treasury. Beginning July 1, 1991, and continuing through
13		January 31, 1993, of the amounts collected pursuant to
14		subsections (a) and (b) of Section 201 of the Illinois Income
15		Tax Act, minus deposits into the Income Tax Refund Fund, the
16		Department shall deposit 3.0% into the Income Tax Surcharge
17		Local Government Distributive Fund in the State Treasury.
18		Beginning February 1, 1993 and continuing through June 30,
19		1993, of the amounts collected pursuant to subsections (a) and
20		(b) of Section 201 of the Illinois Income Tax Act, minus
21		deposits into the Income Tax Refund Fund, the Department shall
22		deposit 4.4% into the Income Tax Surcharge Local Government
23		Distributive Fund in the State Treasury. Beginning July 1,
24		1993, and continuing through June 30, 1994, of the amounts
25		collected under subsections (a) and (b) of Section 201 of this
26		Act, minus deposits into the Income Tax Refund Fund, the

SB2435 Enrolled - 2274 - LRB102 04062 AMC 14078 b
1		Department shall deposit 1.475% into the Income Tax Surcharge
2		Local Government Distributive Fund in the State Treasury.
3		(f) Deposits into the Fund for the Advancement of
4		Education. Beginning February 1, 2015, the Department shall
5		deposit the following portions of the revenue realized from
6		the tax imposed upon individuals, trusts, and estates by
7		subsections (a) and (b) of Section 201 of this Act, minus
8		deposits into the Income Tax Refund Fund, into the Fund for the
9		Advancement of Education:
10		(1) beginning February 1, 2015, and prior to February
11		1, 2025, 1/30; and
12		(2) beginning February 1, 2025, 1/26.
13		If the rate of tax imposed by subsection (a) and (b) of
14		Section 201 is reduced pursuant to Section 201.5 of this Act,
15		the Department shall not make the deposits required by this
16		subsection (f) on or after the effective date of the
17		reduction.
18		(g) Deposits into the Commitment to Human Services Fund.
19		Beginning February 1, 2015, the Department shall deposit the
20		following portions of the revenue realized from the tax
21		imposed upon individuals, trusts, and estates by subsections
22		(a) and (b) of Section 201 of this Act, minus deposits into the
23		Income Tax Refund Fund, into the Commitment to Human Services
24		Fund:
25		(1) beginning February 1, 2015, and prior to February
26		1, 2025, 1/30; and

SB2435 Enrolled - 2275 - LRB102 04062 AMC 14078 b
1		(2) beginning February 1, 2025, 1/26.
2		If the rate of tax imposed by subsection (a) and (b) of
3		Section 201 is reduced pursuant to Section 201.5 of this Act,
4		the Department shall not make the deposits required by this
5		subsection (g) on or after the effective date of the
6		reduction.
7		(h) Deposits into the Tax Compliance and Administration
8		Fund. Beginning on the first day of the first calendar month to
9		occur on or after August 26, 2014 (the effective date of Public
10		Act 98-1098), each month the Department shall pay into the Tax
11		Compliance and Administration Fund, to be used, subject to
12		appropriation, to fund additional auditors and compliance
13		personnel at the Department, an amount equal to 1/12 of 5% of
14		the cash receipts collected during the preceding fiscal year
15		by the Audit Bureau of the Department from the tax imposed by
16		subsections (a), (b), (c), and (d) of Section 201 of this Act,
17		net of deposits into the Income Tax Refund Fund made from those
18		cash receipts.
19		(Source: P.A. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17;
20		100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
21		8-14-18; 100-1171, eff. 1-4-19; 101-8, see Section 99 for
22		effective date; 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
23		101-636, eff. 6-10-20.)
24		(35 ILCS 5/201.1 rep.)
25		(35 ILCS 5/229 rep.)

SB2435 Enrolled - 2276 - LRB102 04062 AMC 14078 b
1		Section 880. The Illinois Income Tax Act is amended by
2		repealing Section 201.1 and Section 229 as added by Public Act
3		101-8.
4		Section 995. No acceleration or delay. Where this Act
5		makes changes in a statute that is represented in this Act by
6		text that is not yet or no longer in effect (for example, a
7		Section represented by multiple versions), the use of that
8		text does not accelerate or delay the taking effect of (i) the
9		changes made by this Act or (ii) provisions derived from any
10		other Public Act.
11		Section 996. No revival or extension. This Act does not
12		revive or extend any Section or Act otherwise repealed.
13		Section 999. Effective date. This Act takes effect upon
14		becoming law.
SB2435 Enrolled - 2277 - LRB102 04062 AMC 14078 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 80/4.30 4 5 ILCS 80/4.40 5 5 ILCS 100/5-45.1 6 5 ILCS 100/5-45.2 7 5 ILCS 100/5-45.4 8 5 ILCS 100/5-45.5 9 5 ILCS 100/5-45.6 10 5 ILCS 100/5-45.7 11 5 ILCS 120/1.05 12 5 ILCS 120/2 from Ch. 102, par. 42 13 5 ILCS 140/7 from Ch. 116, par. 207 14 5 ILCS 160/3 from Ch. 116, par. 43.6 15 5 ILCS 375/3 from Ch. 127, par. 523 16 5 ILCS 420/4A-108 17 5 ILCS 430/20-10 18 5 ILCS 430/25-10 19 5 ILCS 810/5 20 5 ILCS 830/10-1 21 10 ILCS 5/1A-3 from Ch. 46, par. 1A-3 22 10 ILCS 5/1A-45 23 10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2 24 10 ILCS 5/6-50.2 from Ch. 46, par. 6-50.2 25 10 ILCS 5/6A-3 from Ch. 46, par. 6A-3 SB2435 Enrolled - 2278 - LRB102 04062 AMC 14078 b 1 10 ILCS 5/9-15 from Ch. 46, par. 9-15 2 15 ILCS 335/5 from Ch. 124, par. 25 3 15 ILCS 335/17 4 15 ILCS 405/20 from Ch. 15, par. 220 5 15 ILCS 405/23.11 6 15 ILCS 505/16.8 7 15 ILCS 505/35 8 15 ILCS 520/10 from Ch. 130, par. 29 9 15 ILCS 520/16 from Ch. 130, par. 35 10 15 ILCS 520/22.5 from Ch. 130, par. 41a 11 20 ILCS 5/5-565 was 20 ILCS 5/6.06 12 20 ILCS 505/5 from Ch. 23, par. 5005 13 20 ILCS 505/42 14 20 ILCS 505/43 15 20 ILCS 525/5-20 16 20 ILCS 605/605-913 17 20 ILCS 605/605-1025 18 20 ILCS 605/605-1030 19 20 ILCS 605/605-1035 20 20 ILCS 605/605-1040 21 20 ILCS 605/605-1045 22 20 ILCS 605/605-1047 23 20 ILCS 655/5.5 from Ch. 67 1/2, par. 609.1 24 20 ILCS 655/13 25 20 ILCS 896/20 26 20 ILCS 1120/4 from Ch. 96 1/2, par. 7804 SB2435 Enrolled - 2279 - LRB102 04062 AMC 14078 b 1 20 ILCS 1505/1505-215 2 20 ILCS 1605/2 from Ch. 120, par. 1152 3 20 ILCS 1605/9.1 4 20 ILCS 2310/2310-222 5 20 ILCS 2310/2310-223 6 20 ILCS 2310/2310-455 7 20 ILCS 2310/2310-460 8 20 ILCS 2310/2310-670 9 20 ILCS 2610/40 10 20 ILCS 2615/5 from Ch. 121, par. 307.25 11 20 ILCS 2630/5.2 12 20 ILCS 2705/2705-610 13 20 ILCS 2705/2705-615 14 20 ILCS 2905/3 from Ch. 127 1/2, par. 3 15 20 ILCS 3105/10.09-1 16 20 ILCS 3105/12 from Ch. 127, par. 782 17 25 ILCS 115/1 from Ch. 63, par. 14 18 25 ILCS 130/Art. 3A 19 heading 20 25 ILCS 130/Art. 8A 21 heading 22 30 ILCS 105/5.891 23 30 ILCS 105/5.892 24 30 ILCS 105/5.893 25 30 ILCS 105/5.894 26 30 ILCS 105/5.895 SB2435 Enrolled - 2280 - LRB102 04062 AMC 14078 b 1 30 ILCS 105/5.896 2 30 ILCS 105/5.897 3 30 ILCS 105/5.898 4 30 ILCS 105/5.899 5 30 ILCS 105/5.900 6 30 ILCS 105/5.901 7 30 ILCS 105/5.902 8 30 ILCS 105/5.903 9 30 ILCS 105/5.904 10 30 ILCS 105/5.905 11 30 ILCS 105/5.906 12 30 ILCS 105/5.907 13 30 ILCS 105/5.908 14 30 ILCS 105/5.909 15 30 ILCS 105/5.910 16 30 ILCS 105/5.911 17 30 ILCS 105/5.912 18 30 ILCS 105/5.913 19 30 ILCS 105/5.914 20 30 ILCS 105/5.915 21 30 ILCS 105/5.916 22 30 ILCS 105/5.917 23 30 ILCS 105/5.918 24 30 ILCS 105/5.920 25 30 ILCS 105/5.921 26 30 ILCS 105/5.922 SB2435 Enrolled - 2281 - LRB102 04062 AMC 14078 b 1 30 ILCS 105/5.923 2 30 ILCS 105/5.924 3 30 ILCS 105/5.925 4 30 ILCS 105/5.926 5 30 ILCS 105/5.927 6 30 ILCS 105/5.928 7 30 ILCS 105/6z-107 8 30 ILCS 105/6z-112 9 30 ILCS 105/6z-113 10 30 ILCS 105/8.25g 11 30 ILCS 105/8g 12 30 ILCS 105/9.02 from Ch. 127, par. 145c 13 30 ILCS 105/10 from Ch. 127, par. 146 14 30 ILCS 160/2 from Ch. 127, par. 4002 15 30 ILCS 330/19 from Ch. 127, par. 669 16 30 ILCS 500/1-10 17 30 ILCS 500/1-35 18 30 ILCS 500/1-40 19 30 ILCS 500/45-35 20 30 ILCS 558/Art. 25 21 heading 22 30 ILCS 558/25-10 23 30 ILCS 558/25-20 24 30 ILCS 558/25-40 25 30 ILCS 558/25-45 26 30 ILCS 558/25-50 SB2435 Enrolled - 2282 - LRB102 04062 AMC 14078 b 1 30 ILCS 558/25-55 2 30 ILCS 575/4 from Ch. 127, par. 132.604 3 30 ILCS 575/5 from Ch. 127, par. 132.605 4 30 ILCS 605/7.7 5 30 ILCS 605/7.8 6 30 ILCS 764/10-1 7 30 ILCS 805/8.43 8 30 ILCS 805/8.44 9 35 ILCS 5/203 from Ch. 120, par. 2-203 10 35 ILCS 5/229 11 35 ILCS 5/230 12 35 ILCS 5/231 13 35 ILCS 5/304 from Ch. 120, par. 3-304 14 35 ILCS 5/701 from Ch. 120, par. 7-701 15 35 ILCS 10/5-51 16 35 ILCS 10/5-56 17 35 ILCS 16/10 18 35 ILCS 115/2d 19 35 ILCS 120/11 from Ch. 120, par. 450 20 35 ILCS 200/3-5 21 35 ILCS 200/Art. 10 Div. 6 22 heading 23 35 ILCS 200/18-185 24 35 ILCS 200/18-246 25 35 ILCS 505/8 from Ch. 120, par. 424 26 40 ILCS 5/1-109 from Ch. 108 1/2, par. 1-109 SB2435 Enrolled - 2283 - LRB102 04062 AMC 14078 b 1 40 ILCS 5/4-117 from Ch. 108 1/2, par. 4-117 2 40 ILCS 5/4-118 from Ch. 108 1/2, par. 4-118 3 40 ILCS 5/4-141 from Ch. 108 1/2, par. 4-141 4 40 ILCS 5/14-125 from Ch. 108 1/2, par. 14-125 5 40 ILCS 5/15-155 from Ch. 108 1/2, par. 15-155 6 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158 7 40 ILCS 5/16-190.5 8 40 ILCS 5/16-203 9 40 ILCS 5/22C-115 10 50 ILCS 35/1 from Ch. 85, par. 2901 11 50 ILCS 50/15 12 50 ILCS 50/20 13 50 ILCS 310/4 from Ch. 85, par. 704 14 50 ILCS 345/15 15 50 ILCS 355/10-15 16 50 ILCS 705/7 from Ch. 85, par. 507 17 50 ILCS 705/10.2 18 50 ILCS 705/10.7 19 50 ILCS 705/10.11 20 50 ILCS 705/10.23 21 50 ILCS 705/10.24 22 50 ILCS 706/10-1 23 50 ILCS 740/2 from Ch. 85, par. 532 24 50 ILCS 740/8 from Ch. 85, par. 538 25 50 ILCS 752/20 26 55 ILCS 5/5-1009 from Ch. 34, par. 5-1009 SB2435 Enrolled - 2284 - LRB102 04062 AMC 14078 b 1 55 ILCS 5/5-1184 2 55 ILCS 5/5-1185 3 55 ILCS 5/5-10004 from Ch. 34, par. 5-10004 4 65 ILCS 5/1-1-10 from Ch. 24, par. 1-1-10 5 65 ILCS 5/10-1-7.1 6 65 ILCS 5/10-1-48 from Ch. 24, par. 10-1-48 7 65 ILCS 5/10-2.1-6.3 8 65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8 9 65 ILCS 5/11-74.6-35 10 65 ILCS 5/11-101-3 11 65 ILCS 115/10-10.4 12 70 ILCS 210/13.2 from Ch. 85, par. 1233.2 13 70 ILCS 705/11k 14 70 ILCS 705/16.06b 15 70 ILCS 1205/2-25 from Ch. 105, par. 2-25 16 70 ILCS 1205/10-7 from Ch. 105, par. 10-7 17 70 ILCS 2305/28 from Ch. 42, par. 296.8 18 70 ILCS 3305/0.01 from Ch. 121, par. 354.9 19 70 ILCS 3615/4.04 from Ch. 111 2/3, par. 704.04 20 105 ILCS 5/2-3.80 from Ch. 122, par. 2-3.80 21 105 ILCS 5/2-3.155 22 105 ILCS 5/2-3.159 23 105 ILCS 5/2-3.176 24 105 ILCS 5/2-3.179 25 105 ILCS 5/2-3.180 26 105 ILCS 5/2-3.181 SB2435 Enrolled - 2285 - LRB102 04062 AMC 14078 b 1 105 ILCS 5/10-17a from Ch. 122, par. 10-17a 2 105 ILCS 5/10-20.5b from Ch. 122, par. 10-20.5b 3 105 ILCS 5/10-20.69 4 105 ILCS 5/10-20.70 5 105 ILCS 5/10-20.71 6 105 ILCS 5/10-20.72 7 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02 8 105 ILCS 5/18-8.15 9 105 ILCS 5/22-33 10 105 ILCS 5/22-85 11 105 ILCS 5/22-87 12 105 ILCS 5/22-88 13 105 ILCS 5/24A-7 from Ch. 122, par. 24A-7 14 105 ILCS 5/27-23.13 15 105 ILCS 5/27-23.14 16 105 ILCS 5/27-24.1 from Ch. 122, par. 27-24.1 17 105 ILCS 5/27-24.2 from Ch. 122, par. 27-24.2 18 105 ILCS 5/27A-5 19 105 ILCS 5/34-18 from Ch. 122, par. 34-18 20 105 ILCS 5/34-18.11 from Ch. 122, par. 34-18.11 21 105 ILCS 5/34-18.61 22 105 ILCS 5/34-18.62 23 105 ILCS 5/34-18.63 24 105 ILCS 5/34-18.64 25 105 ILCS 5/34-18.65 26 105 ILCS 10/2 from Ch. 122, par. 50-2 SB2435 Enrolled - 2286 - LRB102 04062 AMC 14078 b 1 105 ILCS 45/1-10 2 105 ILCS 85/27 3 105 ILCS 110/3 4 110 ILCS 27/20 5 110 ILCS 49/15 6 110 ILCS 62/5 7 110 ILCS 305/105 8 110 ILCS 305/110 9 110 ILCS 305/115 10 110 ILCS 330/8b 11 110 ILCS 330/8c 12 110 ILCS 520/90 13 110 ILCS 520/95 14 110 ILCS 660/5-200 15 110 ILCS 660/5-205 16 110 ILCS 665/10-200 17 110 ILCS 665/10-205 18 110 ILCS 670/15-200 19 110 ILCS 670/15-205 20 110 ILCS 675/20-205 21 110 ILCS 675/20-210 22 110 ILCS 680/25-200 23 110 ILCS 680/25-205 24 110 ILCS 685/30-210 25 110 ILCS 685/30-215 26 110 ILCS 690/35-205 SB2435 Enrolled - 2287 - LRB102 04062 AMC 14078 b 1 110 ILCS 690/35-210 2 110 ILCS 805/2-26 3 110 ILCS 805/3-42.1 from Ch. 122, par. 103-42.1 4 115 ILCS 5/14 from Ch. 48, par. 1714 5 205 ILCS 5/48 6 205 ILCS 205/1008 from Ch. 17, par. 7301-8 7 205 ILCS 305/9 from Ch. 17, par. 4410 8 205 ILCS 305/46 from Ch. 17, par. 4447 9 210 ILCS 35/5.5 10 210 ILCS 49/2-101 11 210 ILCS 50/3.50 12 210 ILCS 50/3.233 13 210 ILCS 115/9.8 from Ch. 111 1/2, par. 719.8 14 210 ILCS 150/5 15 215 ILCS 5/28.2a from Ch. 73, par. 640.2a 16 215 ILCS 5/291.1 from Ch. 73, par. 903.1 17 215 ILCS 5/356z.33 18 215 ILCS 5/356z.34 19 215 ILCS 5/356z.35 20 215 ILCS 5/356z.36 21 215 ILCS 5/356z.37 22 215 ILCS 5/356z.38 23 215 ILCS 5/356z.39 24 215 ILCS 5/368g 25 215 ILCS 5/370c from Ch. 73, par. 982c 26 215 ILCS 5/534.3 from Ch. 73, par. 1065.84-3 SB2435 Enrolled - 2288 - LRB102 04062 AMC 14078 b 1 215 ILCS 110/47 from Ch. 32, par. 690.47 2 215 ILCS 125/5-5 from Ch. 111 1/2, par. 1413 3 215 ILCS 157/10 4 215 ILCS 165/15.6-1 from Ch. 32, par. 609.6-1 5 215 ILCS 175/10 6 220 ILCS 5/5-117 7 220 ILCS 5/13-507.1 8 220 ILCS 5/16-130 9 225 ILCS 25/4 from Ch. 111, par. 2304 10 225 ILCS 25/17 from Ch. 111, par. 2317 11 225 ILCS 60/22 from Ch. 111, par. 4400-22 12 225 ILCS 60/36 from Ch. 111, par. 4400-36 13 225 ILCS 65/65-5 was 225 ILCS 65/15-10 14 225 ILCS 65/70-5 was 225 ILCS 65/10-45 15 225 ILCS 85/3 16 225 ILCS 95/7.5 17 225 ILCS 95/21 from Ch. 111, par. 4621 18 225 ILCS 125/105 19 225 ILCS 125/210 20 225 ILCS 140/5 21 225 ILCS 230/1001 from Ch. 111, par. 7851 22 225 ILCS 443/165 23 225 ILCS 605/3.3 24 225 ILCS 605/7 from Ch. 8, par. 307 25 225 ILCS 605/18 from Ch. 8, par. 318 26 225 ILCS 605/18.2 SB2435 Enrolled - 2289 - LRB102 04062 AMC 14078 b 1 225 ILCS 605/21 from Ch. 8, par. 321 2 225 ILCS 710/3 from Ch. 96 1/2, par. 4204 3 230 ILCS 5/26 from Ch. 8, par. 37-26 4 230 ILCS 5/27 from Ch. 8, par. 37-27 5 230 ILCS 5/31 from Ch. 8, par. 37-31 6 230 ILCS 10/7 from Ch. 120, par. 2407 7 230 ILCS 15/1 from Ch. 85, par. 2301 8 230 ILCS 15/2 from Ch. 85, par. 2302 9 230 ILCS 15/3 from Ch. 85, par. 2303 10 230 ILCS 15/8.1 from Ch. 85, par. 2308.1 11 230 ILCS 40/58 12 235 ILCS 5/3-12 13 235 ILCS 5/5-3 from Ch. 43, par. 118 14 235 ILCS 5/6-6 from Ch. 43, par. 123 15 235 ILCS 5/6-6.5 16 305 ILCS 5/5-2 from Ch. 23, par. 5-2 17 305 ILCS 5/5-5 from Ch. 23, par. 5-5 18 305 ILCS 5/5-5.07 19 305 ILCS 5/5-5.2 from Ch. 23, par. 5-5.2 20 305 ILCS 5/5-5.12 from Ch. 23, par. 5-5.12 21 305 ILCS 5/5-30.11 22 305 ILCS 5/5-30.13 23 305 ILCS 5/5-30.14 24 305 ILCS 5/5-36 25 305 ILCS 5/5-36.5 26 305 ILCS 5/5H-1 SB2435 Enrolled - 2290 - LRB102 04062 AMC 14078 b 1 305 ILCS 5/5H-5 2 305 ILCS 5/5H-6 3 305 ILCS 5/11-5.4 4 305 ILCS 5/12-4.13c 5 305 ILCS 5/12-4.13d 6 305 ILCS 70/95-102 7 305 ILCS 70/95-301 8 305 ILCS 70/95-304 9 305 ILCS 70/95-502 10 325 ILCS 5/7 from Ch. 23, par. 2057 11 405 ILCS 5/2-110.1 12 405 ILCS 5/2-110.5 13 405 ILCS 5/3-550 14 405 ILCS 120/1 15 410 ILCS 130/25 16 410 ILCS 130/35 17 410 ILCS 130/36 18 410 ILCS 130/75 19 410 ILCS 130/160 20 410 ILCS 312/5 21 410 ILCS 528/15 22 415 ILCS 5/9.16 23 415 ILCS 5/9.17 24 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 25 415 ILCS 5/21.7 26 415 ILCS 5/22.23d SB2435 Enrolled - 2291 - LRB102 04062 AMC 14078 b 1 415 ILCS 5/22.59 2 415 ILCS 5/22.60 3 415 ILCS 5/22.61 4 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 5 415 ILCS 5/40 from Ch. 111 1/2, par. 1040 6 415 ILCS 60/5 from Ch. 5, par. 805 7 415 ILCS 60/24.1 from Ch. 5, par. 824.1 8 415 ILCS 97/15 9 415 ILCS 135/65 10 420 ILCS 56/15 11 425 ILCS 25/13.1 from Ch. 127 1/2, par. 17.1 12 425 ILCS 60/3 from Ch. 127 1/2, par. 803 13 430 ILCS 68/5-1 14 430 ILCS 68/5-5 15 510 ILCS 5/11 from Ch. 8, par. 361 16 605 ILCS 5/6-115 from Ch. 121, par. 6-115 17 605 ILCS 5/6-134 18 625 ILCS 5/1-158.5 from Ch. 95 1/2, par. 1-300 19 625 ILCS 5/2-111 from Ch. 95 1/2, par. 2-111 20 625 ILCS 5/3-421 from Ch. 95 1/2, par. 3-421 21 625 ILCS 5/3-609 from Ch. 95 1/2, par. 3-609 22 625 ILCS 5/3-699.14 23 625 ILCS 5/3-699.17 24 625 ILCS 5/3-699.18 25 625 ILCS 5/3-699.21 26 625 ILCS 5/3-704 from Ch. 95 1/2, par. 3-704 SB2435 Enrolled - 2292 - LRB102 04062 AMC 14078 b 1 625 ILCS 5/3-802 from Ch. 95 1/2, par. 3-802 2 625 ILCS 5/3-806.3 from Ch. 95 1/2, par. 3-806.3 3 625 ILCS 5/4-104 from Ch. 95 1/2, par. 4-104 4 625 ILCS 5/4-105 from Ch. 95 1/2, par. 4-105 5 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 6 625 ILCS 5/6-206 7 625 ILCS 5/6-209.1 8 625 ILCS 5/6-306.5 from Ch. 95 1/2, par. 6-306.5 9 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 10 625 ILCS 5/11-501.9 11 625 ILCS 5/11-502.1 12 625 ILCS 5/11-704 from Ch. 95 1/2, par. 11-704 13 625 ILCS 5/11-1006 from Ch. 95 1/2, par. 11-1006 14 625 ILCS 5/11-1412.3 15 625 ILCS 5/12-610.2 16 705 ILCS 105/27.1b 17 705 ILCS 405/2-4a 18 705 ILCS 405/2-31 from Ch. 37, par. 802-31 19 705 ILCS 405/5-710 20 705 ILCS 405/5-915 21 705 ILCS 505/22 from Ch. 37, par. 439.22 22 720 ILCS 5/2-13 from Ch. 38, par. 2-13 23 720 ILCS 5/3-6 from Ch. 38, par. 3-6 24 720 ILCS 5/9-3.2 from Ch. 38, par. 9-3.2 25 720 ILCS 5/12-2 from Ch. 38, par. 12-2 26 720 ILCS 5/28-1 from Ch. 38, par. 28-1 SB2435 Enrolled - 2293 - LRB102 04062 AMC 14078 b 1 720 ILCS 5/28-2 from Ch. 38, par. 28-2 2 720 ILCS 5/28-3 from Ch. 38, par. 28-3 3 720 ILCS 5/28-5 from Ch. 38, par. 28-5 4 720 ILCS 5/29B-21 5 720 ILCS 550/5.2 from Ch. 56 1/2, par. 705.2 6 720 ILCS 550/5.3 7 720 ILCS 675/2 from Ch. 23, par. 2358 8 720 ILCS 678/7 9 725 ILCS 5/110-5 from Ch. 38, par. 110-5 10 725 ILCS 5/111-1 from Ch. 38, par. 111-1 11 725 ILCS 5/112A-23 from Ch. 38, par. 112A-23 12 725 ILCS 5/124A-20 13 725 ILCS 120/4.5 14 730 ILCS 5/3-1-2 from Ch. 38, par. 1003-1-2 15 730 ILCS 5/3-2-2.3 16 730 ILCS 5/3-2-2.4 17 730 ILCS 5/3-2.5-20 18 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2 19 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 20 730 ILCS 5/3-8-5 from Ch. 38, par. 1003-8-5 21 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 22 730 ILCS 5/5-2-4 from Ch. 38, par. 1005-2-4 23 730 ILCS 5/5-3-2 from Ch. 38, par. 1005-3-2 24 730 ILCS 5/5-5-3.2 25 730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3 26 730 ILCS 105/5 from Ch. 38, par. 1655 SB2435 Enrolled - 2294 - LRB102 04062 AMC 14078 b 1 730 ILCS 141/10 2 730 ILCS 141/20 3 730 ILCS 190/10 4 730 ILCS 200/5 5 735 ILCS 5/2-206 from Ch. 110, par. 2-206 6 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 7 735 ILCS 5/5-105 from Ch. 110, par. 5-105 8 735 ILCS 5/Art. VIII Pt. 3 9 heading 10 735 ILCS 5/8-301 from Ch. 110, par. 8-301 11 735 ILCS 5/20-104 from Ch. 110, par. 20-104 12 740 ILCS 120/2 from Ch. 70, par. 602 13 745 ILCS 22/5 14 745 ILCS 50/2.02 from Ch. 56 1/2, par. 2002.02 15 750 ILCS 50/1 from Ch. 40, par. 1501 16 755 ILCS 5/11-1 from Ch. 110 1/2, par. 11-1 17 755 ILCS 27/5 18 760 ILCS 3/816 19 760 ILCS 3/913 20 760 ILCS 3/1005 21 760 ILCS 3/1219 22 760 ILCS 55/1 from Ch. 14, par. 51 23 765 ILCS 745/16 from Ch. 80, par. 216 24 765 ILCS 1065/6 from Ch. 140, par. 356 25 775 ILCS 5/1-103 from Ch. 68, par. 1-103 26 775 ILCS 5/2-101 SB2435 Enrolled - 2295 - LRB102 04062 AMC 14078 b